Certain quæres for the publike good, concerning the avoiding of multitudes of unnecessary orders, delayes, charges and trouble in courts, called, English courts, or, courts of equity.

Certain Quaeres for the publike good, con∣cerning the avoiding of multitudes of unnecessary Orders, delayes, charges and trouble in Courts, called, English Courts, or, Courts of Equity.

WHereas it is and hath been generally repor∣ted that divers have been and usually are put to divers unnecessary and exces∣sive charges, by Registers, and Enterers, and Writers of Orders, their Deputies, Clerks and Agents in such Courts, and that divers and sundry unnecessary Orders have beene made in such Courts, and drawne out much longer then is or hath been necessary for Officers only gaines, trou∣blesome and burthensome to such Courts and Counsell there, and hurtfull to suitors there: and that there hath been such multitudes of such Orders made in such Courts that divers who have followed and prosecuted their cau∣ses in such Courts, have given long and much attendance before they could procure any Entries or Copies there∣of to be made, by reason (as it is thought) of money or rewards given or promised to Registers, their Deputies, Clerks, Servants, or Agents, to draw up such Orders stricter, or to some other sense then such Courts did tru∣ly direct and order, under colour whereof divers have re∣ported,

that many good causes have miscarried, and that in many just causes much charge, perplexity, trouble and travell hath been to resort to the Councell in such suits, and after to the Chancellour, Judge or Judges, who made the same, to have the same drawn and entred ac∣cording to the true sense thereof.

And whereas it hath been also generally reported, that many others (who have not undergone such trouble, per∣plexity and toile, before they have procured or could pro∣cure such Orders to be drawne up, according to the true sense of the Chancellor, Court, Judge, or Judges, who made or pronounced the same) have been at great char∣ges in giving large rewards to such Registers, their De∣puties or Clerks, (who have agitated therein.) And whereas it is and hath been generally reported, that such Courts have been so full of businesse, that many suitors could have no proceedings there without great trouble and charge, and that divers before they could have any end of their suits there, have spent as much or more then that which they have sued for there hath been in value, besides their trouble and perplexity of mind for many yeares together, and that divers others by such occasi∣ons, have been almost distracted in mind, and others ut∣terly undone, and that others have given over and left good causes for lost, and proceeded no further in them, by reason of the extreame charge and trouble, which they have not been able to undergoe after they have been brought into and intangled in suit in such Courts, some against their wills.

1. Quere. WHether it be beneficiall and good for the Com∣mon-wealth, that no motion or petition shall be made, moved or preferred in or to any such Court, or to any Chancellor, Judge or Judges of the same in or concerning any suit or cause there depending, but that first the matter to be mo∣ved or mentioned in such Petition, shall be put into writing, and a copie or note thereof delivered to the party Plaintiffe or De∣fendent, against or concerning whom such motion or Petition shall be made, moved, preferred or delivered, or to his Clerk, Attourney, or Solicitor, in such cause or suit, or left at his, their, or one of their dwelling house or houses, or place or places of abode, under the hand of a Councellour learned in the Law.

2. Quere. Whether it be convenient and beneficiall for the Common-wealth, that within some convenient time next after the delivery of such note or writing, as aforesaid, that such par∣ty Plaintiffe or Defendent, his Clerk, Attourney or Solicitors, (to whom such note or writing was delivered, or shall be so de∣livered) shall deliver to or leave as aforesaid for the other party Plaintiffe or Defendent, (to whom, for whom, or on whose be∣halfe such note or writing was or shall bee so delivered or left) or to his Clerk, Attourney, or Solicitor, an answer in writing to such first note or writing, or leave the same in writing at his, their, or one of their dwelling house or houses, or usuall place or pla∣ces of abode, and that each party may reply, and the other rejoyn, &c. the one party of them after the other of them, in or by some short convenient time in writing to be delivered or left as a∣foresaid, till the doubt of the matter be agreed upon, or put to the question, or stated in the nature of a case?

3. And Quere. Whether it be not convenient and beneficiall for the Common-wealth, that if either party, Plaintiffe or Defen∣dent doe not consent the one party of them to the demand or request of the other of them, that then each party of them who doth or shall so petition or move, (shewing and expressing to the other of them some reason in such writings or notes respe∣ctively, for what cause or reason, by and according to former presidents or orders, it was and should be requisite and ne∣cessary

that such the request of him who shall so petition or move, ought or should be granted) that then and not before either of such parties may petition or move to or in such Court, or to such Chancellor, Judge or Judges for his demand in such his writing or note to be granted, and shew forth such notes or writings on either side to be read, viewed, and considered of in such Courts?

4. And Quere. If it be not convenient and beneficiall for the Common-wealth if the demand or request of such motion or petition shall be granted or ordered against such party, Plain∣tiffe or Defendent against whom such Petition, motion, or de∣mand is or shall be made, (notwithstanding any thing to the con∣trary thereof to be alledged or expressed in his writing so de∣livered, or left, or to be delivered, or left) that then such party Plaintiffe or Defendent for not consenting to such motion, pe∣tition, or demand, or putting into such writing so to be delive∣red, or left any vaine or fruvilous matter not materiall against such request or demand, shall be compelled to pay the other of them the ordinary costs, charges, and expences, of the other of the said parties, if such motion or Petition be not granted upon some matter, for which there was no former order or leading president in such like case?

5. Quere. If it be not convenient and beneficiall for the Com∣mon-wealth, that such party (against whom such petition or de∣mand shall be granted or ordered as aforesaid, or that shall con∣sent to the demand of such motion or petition of either of such parties, Plaintiffe or Defendent) may be compelled to perform the same Petition, demand or order, which shall be so granted or ordered, or consented to, without further trouble or charge, under some penalty?

6. Quere. Whether it be convenient and beneficiall for the Common-wealth, to prevent excessive charges and troubles occasioned by Registers, and their Clerks, Deputies, and Agents, that such Registers, their Clerks, Agents and Deputies, shall in and to such note or writing, write what such Court, Chancellor, Judge or Judges thereof do, or shall order or adjudge of, or con∣cerning the same and no more, without rehearsing or reciting a∣ny of the matters or contents of any such notes or writings:

and that after if any such parties or either or any of them (with∣in some convenient time) shall set downe in writing under his Counsells hand, & deliver to such Register, his Deputy, Clerk, or Agent, exceptions against any part of the writing downe of such order and not otherwise, such Registers shall attend such Chan∣cellor, Judge or Judges, who have made or shall make such or∣der or orders, and to alter or amend the same, according as such Chancellor, Judge or Judges doe, or shall signe or write to the same, and after to enter so much onely in a Book as such Re∣gister or Registers shall write, and such Chancellor, Judge or Judges so signe (if any need of such signing be) in or to such writing or writings, with the parties names, and the day when the motion or petition was granted, and to keep safely in an Alphabeticall manner such notes or writings, together with the subscription or writing of such note, or writing by such Register, signed by such Judge or Judges, for further satisfaction of the Court, and either party Plaintiffe or Defendent, or any other concerning the same, if need should require: And that Registers have onely a competent gaine (according to rates usually taken in other Courts by such as have deserved as much as any such Re∣gister &c. deserve for any thing they have written or done) in like case, for what they write, or copie, or doe, and no more.

7. Quere. What right (if they have any at all) have Registers, their Clerks or Deputies in such Court, to exact such excessive sees as they have taken, and usually take in such Courts. And quere, whether it may not be found what such persons anciently had, if records bee well searched and examined?

8. And Quere, if it be not fit to be discovered, how and by what degrees from time to time excessive sums of money have been exacted by them, and what lawfull authority (if they have any at all) they have or can shew, to receive, challenge, or demand any thing neare so much as they have usually exacted and taken, and what authority they have to hinder the proceedings of just Suites till their large de∣mands be given them?

9. Quere. What reason or equitie there is or can be, that such Registers, their Clerks, Agents, or Deputies in such Courts, should can or may exact above ten times as much in such Courts, as other Officers of like nature take and receive, and have usually taken and

received in other Courts for the like things as they doe or have done?

10. Quere. Whether delivering notes and writings as aforesaid each to other, will not avoid many unnecessary References to Masters of the Chancery, and other Referrers, and thereby save much trouble and expence.

11. Whether it be convenient for the publike good, that e∣very Register, &c. should be chosen out of Clerks, experienced in that way, for their honestie, experience, and ability onely, without money or rewards, and that a competent gain only may be allowed him to take entirely to himselfe without account to any, and whether any but such as have been employed as Regi∣sters or their Clerks, can well understand such Office under a long times practice.

Other Quaeres concerning other proceedings in such Courts, and divers other things, shortly are intended to bee published, with additions to divers Quaeres, concerning Bills, Answers, Re∣plications, Rejoynders, &c. in such Courts, and taking away the extreme and unnecessarie charges, troubles, and long delayes in just causes in such Courts, and abateing those that may be for contention and trouble onely, and the preservation of many honest men from great losses, and others from undoing thereby, without hindrance to any but unnecessary Officers, crept into such Offices without any lawfull authority: and how many hundred thousand pounds yearely may bee saved to the Com∣monwealth by reducing such things, and others written to bee published to the lawfull proceedings, and taking away the un∣lawfulnesse thereof, contrived by unlawfull and exacting Offi∣cers for their own only gaine.