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truth_n know_v life_n lord_n 3,996 5 3.6605 3 true
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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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them both to the Court and Clyent better then the six Clerks performed their trust the businesse of the Court would have been in farre worse condition then now it is although it be bad enough for certainly all the care and faithfulness that hath been performed either towards the Court or the Suitors as to the practical part thereof hath been performed by the Clerks and by none but the Clerks As to instance in the passing of a Decree being a thing of as great moment as any thing in the Court betwixt party and party the Clerks take much pains and care truly to collect and compose it out of the Pleadings and Orders of the Court and then examine the same with the same Pleadings and Orders wherein he often spends three four or five dayes and then presents it to the six Clerk to be signed who thereupon certifies the Court that he hath examined it and receives twenty shillings for the same although in truth he knows not one word that is contained in it nor can most of the six Clerks say if they speak the truth that ever they examined a Decree in their lives nor if they should examine them do they know whether the same are done as they ought to be or not And hereupon the Register upon the Clerks credit presents it to be signed by the Lords Commissioners so that there is no pains or care bestowed about it but what is done by the Clerk nay I will boldly affirm If the Clerks of the Court had been such as the Author of the Pamphlet styles them it had been no hard matter for them till of late that a greater care hath been taken by the Lords Commissioners to have passed Decrees against any man in England for ten thousand pound there being no care taken what was presented to the Lords Commissioners to be signed but what was done by the Clerks And as in Decrees so I might instance likewise in almost every thing that is done in the Court. And I hope if there be just cause as certainly there is to make sixty or seventy Attourneys in the Court of Chancery every judicious man will think it reasonable that the Attourneys of the Court now should have half so much allowed them for their Fees as the Attourneys of the same Court had two hundred years since carefull laborious and able Attourneys being men of so great trust and absolute necessity in every Court of Justice that the business of the Court cannot be done without them But as for superintendent Officers such as are the six Clerks chief Register and chief Examiners Subpena Officers c. Although many think it to be an honour to a Court to have such Officers in it and therefore Prophesie that their removall will occasion many inconveniencies and disorders yet I will tell them that these and such like Officers are the disgrace and dishonour of a Court of Justice And the Chancery never was in so great Honour as when there were none but working Attornies and Clerks viz. Clerici primae secundae formae every of which truly performed the work and labour for which they were ordained Nor was the Court ever in such dishonour and ignominy as it hath been since these Clerks became Officers And give me leave like a poor Micaia to foretell that there never will nor can be any effectuall Reformation as long as there are superintendent Officers continued between the Master of the Rols and the Clerks of the Court who dispatch the Clients businesse to receive the greatest part of the Fees which the Clients pay For whatsoever Fees are allowed whether it be the same in the Ordinance or more or lesse if the Clerks receive the same to their own use the businesse will be well dispatched and the Records well kept whereas if the greatest part of the Fees which are paid pending the suit be given to Superintendent Officers businesse will never be well done And the Rule observed in ancient time is very remarkable where we may see how carefull and prudent men were that Clients Causes should not be obstructed for when the Master of the Rols was only a Ministeriall Officer viz. chief Clerk and the six Attornies acted for Clients in all respects as Clerks do now the Master of the Rols received no Fees from any Clients pending the suit but the Attornies who did the whole businesse received the whole Fees due for the same to their own use But at and after the hearing of the Causes the Master of the Rols received Fees viz. for every Decree and Dismission vjs viijd and for every Exemplification Vidimus and Constat the like Fee And no doubt this was so done that the Attornies might have no cause to neglect or delay the Clients Causes which they would undoubtedly have done if the Master of the Rols being the then chief Clerk had received the greatest part of the Fees due for their Labours but especially if he had compelled them to pay their Clients Fees out of their own Purses whether ever they received them of the Clients or not as of late hath been practised for 't is impossible to make a Law to binde the Consciences of men with their own Money to pay other men the rewards and wages due for their own Labour And with sorrow it is spoken I am now become of the same opinion with those though I have formerly much opposed them who think that a Court or Courts of Justice or other thing that is of a publique concernment to the Commonwealth when the same hath proceeded in an irregular and disorderly way grievous to the people without any through and full Reformation for the space of eighty or an hundred years that then it is altogether impossible to reform them For they say and I finde it too true That in so long a continuance of time there will be so many men of quality and estate immediatly concerned and so many others mediatly concerned upon the Accompt of friendship or other like accompt that this of it self will be a great Bullwork against an impartiall Reformation I have heretofore answered this and the like Objections and urged to the Objector thus Why might not men of ability and integrity and men no waies concerned neither immediatly nor mediatly call every man one by one that hath any relation to a Court of Justice before them and examine him and also such others as are fit to be examined what Fees every man receives from the Clients and what service they perform for the same Fees and whether this be for the good and advantage of Clients and necessary to be done or whether superfluous and unnecessary and performed only for the Fees sake and not for any good it brings to the people And by this narrow scrutiny it might be brought to such a perfect and exact Reformation that no man should be continued to receive ten groats or ten pence from the Client that could not give a good Accompt why he receives it and that he performs some necessary service for the Client deserving the same But I do not see that this course is like to be taken For they that are exalted and stand on the upper ground because they see more then I do think they see all whereas I and others like me that stand much below them do see things which they by reason of their distance of place cannot see Yet I hope and pray that I may see a reall Regulation and Reformation of the Court of Chancery which if I do not see effected I shall not yet cease having little else to do to tell the people of this Nation and that more plainly then I have yet done where the fault lies FINIS