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A91599 Questions propounded, or Quæres, concerning remedies, and taking away of the extreame and unnecessary charges, expences, troubles, and long delayes in just causes and suits in courts of equity and others called English-Courts, and abating those that may be for contention and trouble only, and the preservation of many honest men from great losses, and others from undoing therby, without hindrance or prejudice to any but unnecessary and upstart officers. And how many hundred thousand pounds may be saved to the common-wealth yearly, by reducing proceedings in law to the old and legall proceedings, and taking away those that be unlawfull and contrived by exacting officers for their own only gaine. Authorized to be printed and published for the good of the common-wealth. 1647 (1647) Wing Q183; Thomason E379_5; ESTC R201398 3,421 10

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Questions Propounded OR Quaeres Concerning Remedies and taking away of the extreame and unnecessary charges expences troubles and long delayes in just causes and suits in Courts of EQUITY and others called ENGLISH-COURTS and abating those that may be for contention and trouble only and the preservation of many honest men from great losses and others from undoing thereby without hindrance or prejudice to any but unnecessary and upstart Officers And how many hundred thousand pounds may be saved to the Common-wealth yearly by reducing proceedings in Law to the old and legall proceedings and taking away those that be unlawfull and contrived by exacting Officers for their own only gaine Authorized to be printed and published for the good of the Common-wealth London Printed by F. Leach 1647. Questions Propounded OR Quaeres concerning Remedies c. First in particular concerning Bils Answers c. in Courts called English-Courts WHereas it is and hath been generally reported that many contentious persons some being of great ability in wealth and others otherwise very potent have and for many years past usually do put into divers Courts called English Courts and Courts of Equity divers and sundry long bils of complaint against divers and sundry poor honest men defendants in the same and thereby have usually put such defendants to unnecessary charges and trouble in taking copies of the same many times in putting and stuffing into the same more matter then hath been true though the same matter had been pertinent if the same had been true whereby no remedy hath been in such Courts had for such Defendants for or concerning such charge or trouble after hearing but in some bils only wherein nothing materiall hath been true And whereas also it is and hath been generally reported that divers contentious and troublesome persons have and usually do put into such Courts to Bils diverse and sundry answers longer and more tedious then is or hath been pertinent or materiall stuffed with impertinent matter purposely to put the plaintiffs in such Bils to unnecessary charges and trouble 1. Whether it be convenient and beneficiall for the Common-wealth that no Defendant may be compelled to appear or answer to any such Bill till after some convenient time after that a true paper Copy thereof gratis that is to say without charge be delivered to such Defendant or left for him in the office of the Court where such Bill is to be delivered in Parchment to be filed or kept and there the Defendant to have the same Paper-copy without charge upon some penalty against such as do or shall exact or demand any thing for the same 2. Whether it be convenient and beneficiall for the Common-wealth that if there be more Defendants then one in any such Bill that then each Defendant that will not answer together with some other of such Defendants in such Bils may be compelled after a convenient time after he shall receive a copy of such Bill to deliver or send the same to or leave the same for such other Defendant or Defendants as shall be named in such Bils according as such Defendants shall be directed or required by such Plaintiffes or on their behalf under some penalty 3. Whether it be convenient and beneficiall for the Common-wealth that such or the like course may be taken concerning Replycations and Rejoynders c. in such Courts to such Bils and Answers and that if such Replycations or Rejoynders shall be put in of course as most have been no new matter being expressed in such Replycation or Rejoynder c. But only a confession traverse or deniall of such matters as were or shall be in such Bils or Answers that then either party Plaintiffe or Defendant therein or their Clerks or Attornies for them may under some penalty be compelled within some convenient time after notice thereof to some of them to reply and rejoyne without further trouble or charges and whether it be not convenient and for the benefit of the Common-wealth that some or one of the most ancient Clerks of best experience who hath used to practise as a Clerk and take care and charge of such suits there may have and take the care and charge of the keeping or filing such Bils Answers Replycations Rejoynders c. and Books Notes and Memorandums to be used in such Courts in a good method and have a competent gaines allowed him or them for so doing And such Drones as can shew no legall ground for their beginning and continuance who have taken and use to take and exact excessive summes of money and have usually done no good for what they have taken may be removed and abolished as burthensome members of the Common-wealth and whether those practising Clerkes experienced in such Courts who usually have taken upon them the charge and managing of prosecuting suits in such Courts do not deserve to themselves the usuall tearm Fees which usually have been paid to undeserving persons formerly concerning the same 4. Whether that those Officers that have of late taken and use to take great pretended Fees for copies of such Bils and Answers Replycations and Rejoynders c. have any legall authority to exact the same if their beginning be well examined 5. Whether the ancient Clerks in Chancery that formerly were very learned and expert drawers and penners of speciall Writs anciently called Master-writs and speciall Actions Petitions Bils Answers c. did in their times use to take any more then was willingly given them by suitors in such Courts for such Bils Answers Replycations and Rejoynders c. And whether proceedings in such suits were not very short and speedily ended at a small charge in those times and whether upon searching Records they may not easily be found so to be 6. Whether that after those ancient Clerks time expired since about the time of the beginning of the reign of Queene Elizabeth of England c. those persons who took upon them to officiate part of that which those ancient Clerks formerly used to do did not at their first beginning use to wait on the Master of the Rols in Blew-coats and so continue diverse years after and used to take no more then what was given them as aforesaid without exacting any more and whether any fee at all more then suitors will willingly give in such cases be due at all to any and how they doe or can lawfully challenge or claime the same or stay any mans proceedings for not paying such exactions 7. Whether those Officers who now have and do take and exact such great pretended fees and suffer no person to proceed in their just and lawfull causes without payment of such pretended fees but hinder proceedings in the same till payment thereof doe or have deserved any thing at all for those divers thousand pounds which they yearly have taken and usually exacted and do exact yearly And whether they know or take knowledge of any thing concerning such suits but only so exacting such pretended fees And whether divers of them bee not such men who be not capable of understanding the suits for which they have exacted and usually do exact such great summes of money and whether they be not burthensome members of the Common-wealth And whether if such members be suffered to continue it will not be an occasion of more such like to increase and make men have a desire to bring in a confusion and be weary and despise the lawes of the Land which have formerly been accounted the best in Europe 8. Whether both Plaintiffe and defendant may not have copies of such Bils Answers Replycations and Rejoynders copied by those Clerks of those Courts who manage and understand the proceedings in such suits and matter thereof and take care and charge thereof or by the Clerks of their Councelours or by their Solicitours at a cheape rate and their suits better and more speedily dispatched and done and yet divers thousand pounds yearly saved if such exactions before mentioned be taken away And whether it were not better to have such Courts reformed or reduced to their old proceedings onely then to have them cryed downe by diverse people being such Courts anciently have been accounted beneficiall to the Common-wealth and a means of preservation of just and honest dealings in the Common-wealth 9. Whether such Clerks and Solicitors be not fittest to doe such things that is to say to make such copies being such Clerks and Solicitors best understand such proceedings And whether by giving copies without charge as aforesaid by either party to the other will not be an occasion of many shorter Bils and Answers then have beene and usually be and a cause of abating and taking away many which have perplexed such Courts and vexed the suitors and Counsel in such suits 10. Whether it be not better that deserving Clerks who have gained experience by their study labour and practise in such Courts be chosen for their honesty judgement and experience only to be Clerks in such Courts to take a competent gaine onely without exacting any excessive charges for what they shall doe then that such places should be sold for money to such that understand nothing concerning the same but only to exact money thereby to the hurt and prejudice of suitors there by selling Under-clerks places for money to diverse such Clerks as be experienced Clerks and suffering none to come into such places without money or some other reward though they be never so well experienced and able in such Courts And yet Quaere whether such who understand so little do not exact above four times so much of every one of his Under-clerks though they be many as such Under-clerk taketh for himself Other Quaeres writ above four years since shortly after concerning the multitude of Orders and chargeablenesse thereof and other proceedings in the said Courts are intended to be published And afterwards other Quaeres concerning exactions of Sheriffes Bayliffes Gaolers and other such like Officers with divers others after those if need be FINIS