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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A78492 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. 1647 (1647) Wing C1737; Thomason E394_8; ESTC R201623 3,962 8

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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 concerning the same and no more without rehearsing or reciting any of the matters or contents of any such notes or writings and that after if any such parties or either or any of them within 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 Chancellor Judge or Judges who have made or shall make such order 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 Register 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 Register 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 demands 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 every 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 Registers 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 Replications 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 Commonwealth by reducing such things and others written to bee published to the lawfull proceedings and taking away the unlawfulnesse thereof contrived by unlawfull and exacting Officers for their own only gaine FINIS