Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	defendant_n	good_a	plaintiff_n	2,512	5	10.2701	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A80116	A collection of such of the orders heretofore used in Chauncery, with such alterations & additions thereunto, as the Right Honorable the Lords Commissioners for the Great Seal of England, by and with the advice and assistance of the Honorable the Master of the Rolls, have thought fit at present (in order to a further reformation now under their Lordships consideration) to ordain and publish, for reforming of several abuses in the said court, preventing multiplicity of suits, motions, and unnecessary charge to the suitors, and for their more expeditious and certain course for relief.	England and Wales. Court of Chancery.; Lenthall, William, 1591-1662.; Keble, Richard, fl. 1650.; Whitlocke, Bulstrode, 1605-1675 or 6.	1649 (1649)	Wing C5195; Thomason E1377_4; ESTC R209283	24,870	102

award costs Injunctions against felling of timber ploughing up of Meadow or ancient pastures not ploughed in twenty yeares before or for maintainance of Inclosures that have continued for the better part of twenty yeares shall be granted as usually they have been but no Defendent who by Answer claims an estate of Inheritance or other estate dispunishable of wast shall be thereby restrained unlesse it be particularly so Ordered and mentioned in the said Injunction And upon motion made for such Injunction the case is to be truly opened as it stands in Court and the Defendents Glaime by his Answer if he have answered When the day is appointed for setting downe Causes for the follovving Terme the fix Clerks shall present the Causes according to their priority in Publication to be set downe in their Order so as the old Causes may be first heard and dispatched And for that purpose with the names of each Cause they shall present the time when Publication passed with a short note of the nature of every such cause presented And accordingly the Court will give Order for setting them downe so that puyne Causes shall not thrust out those that were ready for hearing before them Provided that no Cause be presented the same Terme in which Publication shall passe Where no Councell appears for the Defendent at the hearing and Proces appears to have been duely served the Answer of such Defendent shall be read and if the Court upon such hearing shall find cause to Decree for the Plaintiff yet a day shall regularly be given to the Defendent to shew cause against the same but before he be admitted thereunto he shall pay downe to the Plaintiff or his Attorney in Court such costs as the Court upon that hearing shall assesse and the Order is to be penned by the Register accordingly viz. it is decreed so and so c. unlesse the Defendent shall by such a day pay to the Plaintiff or his Attorney in Court costs and shew good cause to the contrary and such Defendent upon his shewing cause shall first produce a Certificate from the Plaintiffs Attorney in Court that he hath paid the costs or Affidavit of tender and refusall thereof The reasons of the judgement of the Court are in such case where the Defendent makes default to be by the Register shortly inserted in the Order that the Defendent may know how to apply his cause without a new hearing but if the Court shall not receive satisfaction thereupon to alter or conforme the decretall Order but that a new hearing shall be requisite the Defendent if the Court shall confirme their first Order upon the second hearing shall also pay the Plaintiff his full costs expended in the suit If the Court upon the hearing of a Cause shall give no reliefe to the Plaintiff the Defendent shall have costs awarded him in respect of his causlesse vexation And where a Decree is made against a Defendent the Court will likewise give costs to the Plaintiff as there shall be cause Where costs are awarded by the Court and the party shall refuse to pay them and be afterwards prosecuted and found in contempt for not paying of them he shall not be discharged of such his contempt untill he shall pay the said costs double over and besides the costs taxed for the prosecution of the said contempt Where Causes are removed by speciall Certiorari upon a Bill containing matter of equity the Plaintiff is before he have the Certiorari granted to put in bond to be taken by the Register to prove his suggestions within fourteen daies after the receipt of his Writ which if he shall faile to do upon certificate from the Examiners that no Witnesses are examined or upon a report that the suggestions are not proved the Court wil dismisse the Bill with costs and award a Procedendo Decrees NO Decree bindeth any man that cometh in bona fide by conveyance before the Bill exhibited and is made no Pertie either by Bill or Order But where he claimes in trust for such person against whom the Decree is made or comes in dependente lite without allowance or privity of the Court it is otherwise No Decree shall recite the Bill Answer pleadings or Depositions or any of them verbatim but onely the short state of the matter and the Decretall Order and the opinion and judgement of the Court No Decree being once under the Great Seale shall be reversed or altered at the suit of the person against whom the Decree is made or any man claiming in privity by from or under him but by Bill of review onely But in case of mistaking in a Decree which is demonstrative viz. an errour in auditing or numbring mistaking the date or the like by the leave of the Court the same may be certified without a Bill That all Decrees and dismissions pronounced upon hearing the cause in this Court be drawne up signed and enrolled before the first day after the next Michaelmas or Easter Term after the same shall be so pronounced respectively and not at any time after without speciall leave of the Court That a short entry and Docquet be made in a Register book kept by the Register of this Court or such Clerk as he shall appoint for that purpose of all Decrees that are drawne up and enrolled whereby any Lands or Lease is decreed or charged with any sum of money annuity c. of the Lands in particular and the Parish or Town and County where the same lie to the end that any person that hath occasion may resort to that Register Book to see whether any Decree be made touching such Lands houses c. and in case no such entry be made within six moneths after such Decree shall be signed by the Lords Commissioners for the great Seal and enrolled the same shall not prejudice any Purchaser who shall bona fide purchase any estate in such lands houses c. after the time limited for such entry to be made That the six Clerks and all other Clerks of this Court doe therefore take care for their Client that such entry be made of all Decrees by them drawn up and inrolled by the time before limited that the Client do not suffer through their neglect And that the Register shall take onely the Fee of twelve pence for such entry twelve pence for a Certificate and four pence for a search where no Certificate is made In case of a Decree for lands upon Oath made that the same hath been personally served and is not obeyed and an Attachment is issued under Seale for such contempt the Court doth usually grant an Injunction for the possession and upon Oath made of the serving thereof upon the party and that the same is not obeyed a Commission is to be awarded to some of the Justices of the Peace of that County to put and keep the Plaintiff and

but upon motion in Court and Affidavit made of the parties inability to travail or other good ●atter to satisfie the Court touching that delay The Defendent who is served with a Subpoena ad respondend and obtaineth a Commission to answer in the Country shall without more words have the same liberty there by to Answer Plead and Demur as he had by the originall Proces if he could have appeared in person After a Commission once obtained to answer no second Commission shall be granted without speciall Order of Court or the Plaintiffs owne assent under his hand And if the time for the Defendents answering be inlarged upon Affidavit that he or they cannot answer without fight of Writings in the Country or in respect of the length of the Bill or the like which shal not be without speciall Order in Court no Commission shall be afterwards granted without like speciall Order of Court upon good reason shewed to induce the same or the like assent of the Plaintiff In case where the Defendent sits all Process of contempt and cannot be found by the Serjeant at Armes or makes a rescue a Sequestration shall be granted of the land in question And if the Defendent render not himself within a yeare then an Injunction for the possession and the profits so sequestred to be delivered over to the Plaintiff Injunctions FOr that it is agreeable to equity and the constant practise of this Court that a Defendent obtaining a Commission to take his Answer in the Country should not by that delay or favour of the Court get an advantage against the Plaintiff by proceeding at Law in the meane time It is Ordered that from henceforth every Commission to take an Answer in the Countrey shall containe in it a clause of Injunction to stay the Defendents suit at Law if any be touching the matter complained of in the Bill untill he hath answered the Bill and the Court given other Order so as issue were not joyned at Law before the returne of the Subpoena served upon the Defendent and in that case to stay judgement for the like time so that the taking of such Commission under seale shall be a sufficient notice and service of the said Injunction without motion or other trouble to the Plaintiff whereupon for breach to ground an Attachment upon Affidavit of a proceeding at Law after the Commission prayed No Injunction to stay Suits at Law shall be granted upon priority of suit onely nor upon the bare surmise of the Bill but upon the Defendents delay or wilfull contempt in not Answering or upon matter confessed in the Answer or matter of Record or writing plainly appearing or the duty demanded appearing to be very ancient Where a Bill comes in after a Verdict a Law for a debt an Injunction is not to be granted without depositing the principall money except there shall upon hearing both sides appeare to the Court in the Defendents Answer or by deed under hand and seale or other good matter for relief in equity And an Injunction granted in such case or otherwise upon the merit of the cause or equity appearing to the Court is regularly to stand untill the hearing of the cause unlesse the Plaintiff delay the cause in which case he may best be quickned by dissolving the Injunction For avoiding multiplicity of references heretofore used and charged to the suitor It is Ordered that where a motion is made for an Injunction to stay a suit at Law upon allegation of matter of equity confest in the answer the Councell moving the same shall have that suggestion fair written in his hand and read or truely open the same to the Court and if the Court hold that matter of sufficient weight will thereupon grant an Injunction as is desired without reference report or further motion and then the Register is in Court to receive the said suggestion so fairly written and insert the same verbatim in the Order for granting the Injunction But if the said suggestion be untrue in the substance thereof upon construction of the whole Answer and the Defendent be prosecuted by the Plaintiff for breach of the Injunction granted thereupon he shall be cleare from any contempt in that behalfe and have his costs and such Councell shall justly incurre the displeasure of the Court Where an Injunction to stay suits is obtained upon a misinformation made to the Court as of matter confessed in the Defendents Answer which in truth is not so confessed or if confessed in one place is avoided in another part of the Answer or upon other such like plaine abuse to the Court in that case the party prosecuted with contempt for breach of such Injunction shall upon his examination the matter appearing as asoresaid be discharged of any contempt although he hath proceeded at Law after such Injunction granted and also have his costs taxed for his wrongfull vexation by the same Master to whom the contempt shall be referred without other motion in Court which also shall be done in like cases where a contempt stands referred to a Master of the Court he shall tax costs and certifie the same in his report to the Court together with his opinion touching the contempt as well for the prosecutor in case the contempt be confessed or proved as for the party examined if he be cleared thereof For avoiding the many motions heretofore frequently made touching dissolving and continuing Injunctions it is Ordered That when an Injunction is granted till Answer and further Order if no Order be made within fourteen daies after the Answer duly filed in Court for continuance of the Injunction the same shall stand dissolved without further motion upon Certificate only of the Register Injunctions to quiet possession usually granted for preservation of the publike peace and prevention of force shall not be granted before hearing but upon oath that the Plaintiff was in actuall possession at the time of the Bill exhibited and not of Rents or other things which lie not in manuall occupation and for such possession as the Plaintiff himself had at the time of the Bill exhibited and three yeares before but not to be extended further to the possession of such from whom he claimes or of him and his Tenants much lesse him and his Assignes or the like Which Injunction shall not be extended to give the Plaintiff any other possession then he had at the time when the motion was made And such Injunction in case the Plaintiff delay to bring his cause to hearing is also to be dissolved No Injunction to quiet such possession shall extend to hinder the Defendents proceedings at Law to evict the Plaintiff or from making any lease or peaceable entry or single distresse for that end No possession shall be taken from any person by colour of any such Injunction before the cause be heard And if any be the Court will restore possession and

on both sides shall set downe Upon every examination or proof of a contempt referred to any of the Masters of the Court to certifie whether the contempt be confessed or proved or not the Master in his Certificate thereof made to the Court shall likewise assesse and certifie the costs to either party as there shall be cause without other Order or motion made for that purpose Commitment THe Court being tender of the liberty of mens persons and to avoid their imprisonment upon malicious Affidavits which are often made by one mean and ignorant person and which hath heretofore by the course of the Court drawn on a Commitment doth Order That from henceforth where oath shall be made of misdemeanour in beating or abusing the party upon serving of the Proces or Orders of the Court the party offending is to stand committed upon motion and no examination is in that case to be admitted And where Affidavit shall be made by two persons of scandalous or contemptuous words against the Court or the Proces thereof the party offending shall likewise stand committed upon motion without any further examination And a single Affidavit in such case shall be sufficient to ground an Attachment whereupon such person shall be brought in to be examined And if the misdemeanour shall be confessed or proved against him he shall stand committed until he satisfie the Court touching his said misdemeanour pay the prosecutor his costs and if he shall not be thereof found guilty save by the oath of the party who made such Affidavit he shall be discharged but without any costs in respect of the oath made against him as aforesaid That no Order whatsoever except decretal or final Orders upon hearing be received to be entred after the space of eight days to be reckoned from the day of the Order pronounced exclusivè And if the party on whose behalf the motion is made do not prosecute the drawing up of the Order within 4. days the Register is to do the same according to his notes at the instance of the adverse party Masters THE Masters are not upon the importunity of Councel how eminent soever or their Clyents to return special certificates to the Court unless they are required by the Court so to do or that their own judgment in respect of difficulty leadeth them unto it Such kinde of certificates for the most part occasioning a needless trouble rather then ease to the Court and certain expence to the Suitor Their Certificates and Reports are to be drawn as succinctly as may be preserving the matter clearly for the judgement of the Court and without recital of the several points of the Orders of Reference which do sufficiently appear by the Orders themselves or the several debates of Councel before them unless that in cases where they are doubtfull they shortly represent to the Court the reasons which induce them so to be The Masters of the Court are to take notice That when the Court requires to be satisfied from them touching any matter alledged to be confessed or set forth in the Defendants Answer it is intended that without further Order they should take consideration of the whole Answer or Answers of the Defendant and certifie not only whether the matter be so confessed or set forth but also any other matter avoiding that confession or ballancing the same that the Court may receive a clear and true information The Masters in taking Affidavits and administring of Oaths in cases duly presented unto them are to be circumspect and wary that the same be reverendly and knowingly given and taken and are therefore to administer the same themselves to the party and where they discern him rash or ignorant to give him some conscionable admonition of his Duty and be sure he understand the matter contained in his Affidavit and read the same over or hear it read in his presence and subscribe his name or mark thereunto before the same be certified by the Master who is not to receive or certifie any Affidavit unless the same be fairly and legibly written without blotting or interlineation of any word of substance In all matters referred to the Masters of the Court their Certificate not being to ground a Decree if it be positive is to stand and Proces may be taken out to enforce performance thereof without further motion unless the adverse party upon notice given to his Attorney or Clerk in Court that such report is filed against him shall within eight days after such notice if it be given in Term or whiles the General Seals for motions are held or within four days in the next Term if it be given after obtain some Order in Court to controle or suspend the same And in case of an insufficient Answer certified by the Masters the Plaintiff may immediately take out Proces against the Defendant for his Costs and to make a better Answer as hath been formerly used Where after Certificate or Report made by the Masters of the Court either Party shall appeal from the same to the judgement of the Court he shall first file his exceptions thereunto briefly with the Register and deposite with him Fourty shillings to be paid to the other Party for his Costs if he prevail not in such Appeal And then the Register shall enter such Causes of Appeal in a paper in order as they are brought unto him to be determined by the Court in course upon days of motions and notice thereof to be given by the party appealing to the Clerk of the other side And also the Registers Paper to be set up in the Office two days before And if the Court shall not alter the Masters Report then the fourty shillings deposited to be paid to the Party defending the same with such increase as the Court shall finde cause to impose otherwise to be restored to the party appealing and both without charge Petitions NO Injunction for stay of Suit at Law shall be granted revived dissolved or staid upon Petition Nor any Injunction of any other nature shall pass by Order upon Petition without notice and a Copy of the Petition first given to the other side and the Petition filed with the Register and the Order entered No Sequestration Dismission Retainers upon dismissions or final Orders are to be granted upon Petition No former Order made in Court is to be altered or explained upon a Petition no Commitment of any person taken upon Proces of contempt to be discharged by Order made upon Petition unless in the Vacation and upon hearing the adverse Party his Attorney or Clerk in Court No Commissions for examinations of witnesses shall be awarded or discharged nor examinations suppressed upon Petition except it be upon point of the Course of the Court first referred to the six Clerks not towards the Cause and certificate thereupon Paupers After an admittance In forma Pauperis no Fee