Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	case_n	lease_n	rent_n	2,101	5	9.6869	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A28357	Ordinances made by the Right Honourable Sir Francis Bacon ... being then Lord Chancellor for the better and more regular administration of iustice in the Chancery, to be daily observed saving the prerogative of this court.	England and Wales. Court of Chancery.; Bacon, Francis, 1561-1626.	1642 (1642)	Wing B316; ESTC R20720	12,081	26

course without any motion but after Replication put in no Cause is to be dismissed without motion and order of the Court 18. Double vexation is not to bee admitted but if the party Sue for the same Cause at Common Law● and in Chancery hee is to have a day given to make ●is election where hee will proceed and in default of such election to be dismissed 19. Where Causes are removed by speciall Certiorari upon a Bill conteyning matter of Equity● the Plaintiffe is upon receipt of his Writ to put in Bond to prove his suggestion within foureteene dayes after the Receipt which if hee doe not prove then upon Certificate from either of the examiners presented to the Lord Chancell●● the Cause shall bee dismissed with dosts and ●Procedendo to bee granted 20. No Injunction of any nature shall be granted revived di●●olved or stayed upon any private Petition 21. No Injunction to stay Suites at the Law shall bee granted upon priority of Suite onely or upon ●urmise of the plaintif●s Bill onely but upon matter confessed in the D●fendants answer or matter of Record or writing plainely appearing or when the Defendant is in contempt for not answering or that the Debt desired to bee stayed appeareth to be old and hath slept long or the Creditor or the Debtor hath beene dead some good time before the Suite brought 22. Where the Defendant appeares not but sits an Attachment or when hee doth appeare and departs without Answer and is under Attachment for not answering or when he takes Oath he cannot answer without sight of Evidences in the Country or where after Answer hee sues at Common Law by Attourny and absents himselfe beyond Sea In these Cases an Injunction is to be granted for the stay of all Suites at the Common Law untill the party Answer or appeare in person in Court and the Court give further order But neverthelesse upon Answer put in if there bee no motion made the same Terme or the next generall Seale after the Terme to continue the Injunction in regard of the insufficiency of the Answer put in or in regard of the matter confessed in the Answer Then the Injunction to dye and dissolve without any speciall Order 23. In the Case aforesaid where an Injunction is to bee granted for stay of Suites at the Common Law if the like Suite be in the Chancery either by Scire facias or priviledge or English bill then the Suite is to bee stayed by Order of the Court as it is in other Courts by Injunction for that the Court cannot enjoyne it selfe 24. Where an Injunction hath beene obtayned for stay of Suites and no prosecution is had for the space of three Termes the Injunction is to fall of it selfe without further motion 25. Where a Bill comes in after an Arrest at the Common Law for a Debt no Injunction shall bee granted without bringing the principall mony into Court except there appeare in the Defendants Answer or by sight of writings plaine matter tending to discharge the Debt in Equity But if an Injunction be awarded and disobeyed in that Case no mony shall bee brought in or deposited in regard of the contempt 26. Injunctions for Possession are not to bee granted before a Decree but where the Possession hath continued by the space of three yeares before the Bill exhibited and upon the ●ame Title and not upon any Title by Lease or otherwise d●termined 27. In Case where the Defendants sits all the processe of Contempt and cannot bee found by the Serjeant at Armes or resist the Serjeant or makes rescue a Sequestration shall bee granted of the Land in question and if the Defendant render not himselfe within the yeare then ●n Injunction for the Possession 28. Injunctions against felling of Timber ploughing up of ancient pastures or for the maintayning of Inclosures or the like shall be granted according to the circumstances of the Case but not in case where the Defendant upon his Answer claimeth an Estate of Inheritance except it bee where hee claimeth the Land in trust or upon some other speciall ground 29. No Sequestration shall bee granted but of Lands Leases or Goods in question and not of any other Lands or Goods not conteyned in the Suites 30. Where a Decree is made for Rent to bee paid out of Land or a summe of mony to bee levied o●t of the profits of Land there a Sequestration of the same Lands being in the Defendants hands may be granted 31. Where the Decrees of the provinciall Counsell or of the Court of Requests or the Queenes Court are by continuancy or other meanes interupted There the Court of Chancery upon a Bill preferred for Corroborations of the same Jurisdictions Decrees and Sentences shall give remedy 32. Where any Cause comes to hearing that hath beene formerly Decreed in any other of the Kings Courts of Justice at Westminster such Decree shall bee first read and then to proceed to the rest of the Evidence on both sides 33. Suites after Judgement may bee admitted according to the ancient Custome of the Chancery and the late Royall Decision of his Majesty of Record after solemne and great deliberation But in such Suites it is Ordered that Bond bee put in with good Sureties to prove the suggestions of the Bill 34. Decrees upon Suites brought after Judgement shall containe no words to make voyd or weaken the Judgement but shall onely correct the corrupt Conscience of the party and rule him to make restitution or performe other Acts according to the equity of the Cause Orders and the Office of the REGISTERS 35. THe Registers are to bee sworne as hath bin lately Ordered 36. If any Order shall bee made and the Court not informed of the last materiall Order formerly made no benefit shall bee taken by such Order as granted by abuse and surreption and to that end the Registers ought duely to mention the former Order in the later 37. No Order shall bee explained upon any private Petition but in Court as they are made and the Register is to set downe the Orders as they were pronounced by the Court truely at his perill without troubling the Lord Chancellor by any private attending of him to explaine his meaning and if any explanation bee desired it is to bee done by publique motion where the other party may be heard 38. No draught of any Order shall bee delivered by the Register to either party without keeping a Coppy by him to the end that if the Order bee not entered neverthelesse the Court may bee informed what was formerly done and not put to new trouble and hearing and to the end also that knowledge of Orders be not kept backe too long from either party but may presently● appeare at the Office 39. Where a Lease hath beene debated upon hearing of both parties and Opinion hath beene delivered by the Court and neverthelesse the cause referred to Treaty the Registers are no● to omit the Opinion of the

Ordinances made By The Right Honourable Sir Francis Bacon Knight Lord Verulam and Vicount of Saint Albans being then Lord Chancellor For the better and more regular Administration of Iustice in the Chancery to be daily observed saving the Prerogative of this COVRT LONDON Printed for Mathew Walbanke and Lawrence Chapman 1642. Ordinances made by the Right Honourable the Lord Chancellor for the better and more regular Administration of Justice in the Chancery to be daily observed saving the Prerogative of the Court NO Decree shall be reversed altered or explained being once under the Great Seale but upon bill of Review and no bill of Review shall be admitted except it containe either error in Law appearing in the Body of the Decree without farther examination of matters ●n Fact or some new matter which hath risen in time after the Decree and not any new proofe which might have bin used when the Decree was made Neverthelesse upon new proofe that is come to light after the Decree made and could not possibly have bin used at the time when the Decree passed a bill of Review may bee grounded by the speciall Lycence of the Court and not otherwise 2. In case of miscasting being a matter demonstrative a Decree may be explained and reconciled by an Order without a bill of Review not understanding by mis-casting any pretended misrating or misvaluing● but onely errour in the Auditing or numbring 3. No Bill of Review shall be admitted or any other new bill to change matter Decreed except the Decree bee first obeyed and performed as if it bee for Land that the Possession be yeelded if it bee for mony that the mony be paid if it be for Evidences that the Evidences be brought in and so in other Cases which stand upon the strength of the Decree alone 4. But if any Act be Decreed to bee done which extingu●sheth the parties Right at the Common Law As making of assurance or Release acknowledging satisfaction cancelling of Bonds or Evidences and the like Those parts of the Decree are to bee spared untill the bill of Review be determined But such sparing is to be warranted by publique Order made in Court 5. No Bill of Review shall bee put in except the party that preferres it enter into Recognizance with Sureties for satisfying of Costs and damages for the delay if it be found against him 6. No Decrees shall be made upon pretence of Equity against the expresse provision of an Act of Parliament neverthelesse if the Construction of such Act of Parliament hath for a time gone one way in generall opinion and reputation and after by a latter Judgement hath bin controlled then releefe may bee given upon matter of Equity for Cases arising before the said Judgement because the Subject was in no default 7. Imprisonment for breach of a Decree is in nature of an Execution and therefore the custody ought to bee straight and the party not to have any liberty to goe abroad but by speciall Lycence of the Lord Chancellor but no close imprisonment is to be but by expresse Order for wilfull and extraordinary contempts and disobedience as hath bin used 8. In Case of enormous and obstinate disobedience in breach of a Decree an Injunction is to be granted Sub poena of a summe and upon Affidavit or other sufficient proofe of persisting in Contempt Fines are to bee pronounced by the Lord Chancellor in open Court and the same to be extracted downe into the hamper if Cause be by a speciall Order 9. In Case of a Decree made for the possession of Land a Writ of Execution goeth forth and if that bee disobeyed then Processe of contempt according to the course of the Court against the person to Commission of Rebellion and then a Serjeant at Armes by speciall warrant and in case the Serjeant at Armes cannot finde him or bee resisted upon the comming in of the party and his commitment if hee persist in disobedience an Injunction is to bee granted for the Possession and in Case that also bee disobeyed then a Commission to put him in possession 10. Where the partie is committed for breach of a Decree he is not to be enlarged untill the Decree bee fully performed in all things which are to bee done presently But if there be other parts of the decree to be performed at dayes or times to come then he may bee enlarged by Order of Court upon Recognizance with Sureties to be put in for the performance de futuro otherwise not 11. Where Causes come to hearing in Court no Decree bindeth any person who was not served with Proc●s ad audiendum Iudicium according to the course of the Court or did appeare in person in Court 12. No Decree bindeth any that commeth in Bona fide by conveyance from the Defendant before the Bill exhibited and is made no party neither by Bill nor Order But where he come● in pende●te lite and while the Suite is in full prosecution and without any colour of allowance or privity of the Court there regularly the Decree bindeth but if there were any intermission of Suite or the Court made acquainted with the conveyance the Court is to give order upon the speciall matter according to justice 13. Where Causes are dismissed upon full hearing and the dismission signed by the Lord Chancellor such Causes shall not be retayned againe nor new Bill admitted except it be upon new matter like to the Case of the bill of review 14. In Case of other dismissions which are not upon hearing of the Cause if any new Bill be brought the dismission is to be pleaded and after reference and report of the contents of both Suites and consideration taken of the causes of the former dis●ission the Court shall rule the reteyning or dismissing of the new Bill according to Justice and the nature of the Case 15. All Suites grounded upon Wills nuncupative Leases paroll or upon long Leases that tend to the defacing of the Kings Tenures for the stablishing of perpetuities or grounded upon Remainders put into the Crowne to defeate Purchasors or for Brocage or rewards to make Marriages or for bargaines at play and Wagers or for bargaines for Offices contrary to the Statute of 2. Edw. 6. or for contracts upon Usury or Symony are regularly to be dismissed upon motion if they bee the sole effect of the Bill and if there be no speciall circumstances to move the Court to allow them a proceeding and all Suites under the valew of ten pounds are regularly to bee dismissed 16. Dismissions are properly to be prayed and had either upon hearing or upon Ple● unto the Bi●l when the Cause comes first into the Court But dismissions are not to bee prayed after the parties have bin at charges of examination except it be upon speciall cause 17. If the Plaintiffe discontinue by prosecution after all the Defendants have answered above the space of one whole Terme the Cause is to be dismissed of