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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A91658 A Reply to a paper written by one of the six-clerks, intituled, An answer to a printed paper of the under-clerks in Chancery, intituled, Reasons to be offered, &c. 1655 (1655) Wing R1053; Thomason E826_17; ESTC R207733 10,106 15

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A REPLY TO A PAPER Written by one of the Six CLERKS INTITULED An Answer to a Printed Paper of the under-Clerks in Chancery INTITULED Reasons to be offered c. THE Respondent or Author of the Paper doth well to Intitle himself A Lover of Truth and Justice else no man by his Writing could ever have thought him so And where he conjectures the Reasons to be framed by some under-Clerks in Chancery he may possibly be so farre in the right but not a word further And for the satisfaction he desires who will own it he may please to understand that the Clerks of the Court do generally own it and many of them have so exprest themselves unto me and for the truth of the matter no man need to doubt it for if it might be put into a way of Examination it would be made appear upon the Oathes of 100 severall persons and if the Author thinks himself and the rest of his brethren scandalized with matter of truth I cannot help it And the Author having finished his Prologue instead of giving an Answer to the Reasons fals a railing at the Clerks for saying their Allowances are too small and cals them sherks for that they share with the six Clerks in the Fees which the Clients pay In Vindication of whose Reputation although I forbear to say that the six Clerks have first sherked upon the Clerks yet I shall truly inform the Reader how they have used the Clerks and not the Clerks alone but even the Lord Protector himself and all the people of the Nation and leave it to others to give their actions a name according as they deserve For anciently when the businesse of the Court was but little and the six Clerks were not only nominall but reall Attorneys advising and directing Clients and laying out and disbursing money for them and thereby adventuring the losse thereof and with their own hands writing all the speciall businesse of the Court wherein any Clerkship was required and had but one or two young Clerks apiece to write and copy things of an ordinary and easie nature even then the same young Clerks their meniall servants had all the Fees which the six Clerks of late allowed to the practizing Clerks and had also their Diet Chamber-rent Paper Ink Parchment and Candles Blank-writs of all sorts second Copies renued Writs and Copies of Decrees and Dismissions and the whole Fees of many Writs some of which the six Clerks themselves afterwards took from the Clerks and others they suffered to be taken away by Patentees as making Subpenas ingrossing of Grants and Leases to the great Seal and the like which the six Clerks opposed not it trenching upon the Clerks only And when the six Clerks ceased to act for the Clients as Attornies making it their chief imployment to keep Books of Entries whereby to exact their pretended Fees all the care and burden of Causes being cast upon the Clerks and they compelled to disburse all monies to be laid out for Clients and very often with their own mony to pay the Clients Fees which grew due for their own labour to the six Clerks which they never received again from the Clients and undergo all other hazards and losses And when all the aforesaid allowances were likewise withheld from them and the benefit of divers Writs gone as aforesaid it may be truly said that there was a necessity laid upon the Clerks to withhold a greater part of the Fees which the Clients paid then the six Clerks would seem willing to allow them and this they might lawfully do without violation of the Laws of God or man for I finde no text of Scripture that erects such Officers as the six Clerks to live upon the peoples purses without any care or regard of or ability to do them service in their Causes nor is there any Statute or other Law that creates them save only their illegall Parent granted in the time of Monopolies by the late King Charles but there are severall Acts of Parliament prohibiting the buying and selling of Offices And I likewise finde a Text of Scripture where the righteous God taking upon himself the businesse of Reformation promiseth his people to send them Judges as at the first and Officers as at the beginning From whence it may be concluded that Officers and others in Publique imployment had need sometimes to be reformed and brought to their Primitive constitution And if the six Clerks were still so continued and made to become working Attorneys as at the first Ao 12º Ri. 2● they were increased from three to six and so many more added unto them and made Attorneys likewise as are necessary for dispatch of the businesse of the Court I think no man would desire to remove them out of such their proper imployment or to receive one penny of their Fees But they have not only thus abused the Clerks but have in a much higher nature abused the Lord Protector and all the people of the Nation Witnesse their receiving very large Fees for inrolling all such Grants and Pardons and other things as passe the Great Seal and never inrolling or estreating many of them whereby the Lord Protector and Commonwealth are very much abused and the Rents and Reservations upon them for want of sending Estreats into the Exchequer never appear whereby they may be demanded or levied as they ought to be And the people are greatly abused not only their Estates but their Lives being in danger for want of inrolling the Grants and Pardons there having been few or none inrolled for these fourteen years last past And the Warrants and Privy Seals for passing them are so ill kept that many of them within these nine or ten years last are quite rotten not to be read again so that now its impossible ever to have them inrolled and the truth hereof would appear were the Clerks appointed for keeping the Records examined upon Oath and search made at the Hamper Office what Patents have passed within these fourteen years last past and then see in the Chappell of the Rols and Exchequer how many of the Rols are sent to the Chappell of the Rols or Estreat into the Exchequer And now what name these doings and actions of the six Clerks shall have I leave to the Reader to judge But I am sure that which the Author of the Pamphlet cals sherking in the Clerks is but the receiving of lesse then one half of the wages due for their own labours which some of the greatest and most wise of the late six Clerks have acknowledged to be due and of right belonging to them For I remember when I waited upon one of the six Clerks some of the younger sort of them proposing Rules of practice to tye the Clerks to a more strict Accompt I heard that grave and wise Gentleman Mr Saunders sometime one of the six Clerks expresse himself to this effect viz. Let them alone they do the Work that we ought to