CERTAIN QUAERES FOR The Public Good, CONCERNING The avoiding of multitudes of unnecessary Orders, delays, charges and trouble in Courts, called, English Courts, OR, Courts of Equity.  
LONDON, Printed for Francis Leach. 1647. June 28 th'.   

Certain Quaeres for the public good, concerning the avoiding of multitudes of unnecessary Orders, delays, charges and trouble in Courts, called, English Courts, or, Courts of Equity.  
WHereas it is and hath been generally reported that divers have been and usually are put to divers unnecessary and excessive 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 been made in such Courts, and drawn out much longer than is or hath been necessary for Officers only gains, troublesome and burdensome to such Courts and Counsel there, and hurtful 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 causes in such Courts, have given long and much attendance before they could procure any Entries or Copies thereof 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 truly direct and order, under colour whereof divers have reported, that many good causes have miscarried, and that in many just causes much charge, perplexity, trouble and travel hath been to resort to the Council in such suits, and after to the Chancellor, Judge or Judges, who made the same, to have the same drawn and entered according to the true sense thereof.  
And whereas it hath been also generally reported, that many others (who have not undergone such trouble, perplexity and toil, before they have procured or could procure such Orders to be drawn up, according to the true sense of the Chancellor, Court, Judge, or Judges, who made or pronounced the same) have been at great charges in giving large rewards to such Registers, their Deputies or Clerks, (who have agitated therein.) And whereas it is and hath been generally reported, that such Courts have been so full of business, that many suitors could have no proceed 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 than that which they have sued for there hath been in value, besides their trouble and perplexity of mind for many years together, and that divers others by such occasions, have been almost distracted in mind, and others utterly undone, and that others have given over and left good causes for lost, and proceeded no further in them, by reason of the extreme charge and trouble, which they have not been able to undergo after they have been brought into and entangled in suit in such Courts, some against their wills.  
1. Quere. WHether it be beneficial and good for the Commonwealth, 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 moved or mentioned in such Petition, shall be put into writing, and a copy or note thereof delivered to the party Plaintiff or Defendant, against or concerning whom such motion or Petition shall be made, moved, preferred or delivered, or to his Clerk, Attorney, 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 Counsellor learned in the Law.  
2. Quere. Whether it be convenient and beneficial for the Commonwealth, that within some convenient time next after the delivery of such note or writing, as aforesaid, that such party Plaintiff or Defendant, his Clerk, Attorney or Solicitors, (to whom such note or writing was delivered, or shall be so delivered) shall deliver to or leave as aforesaid for the other party Plaintiff or Defendant, (to whom, for whom, or on whose behalf such note or writing was or shall be so delivered or left) or to his Clerk, Attorney, 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 usual place or places of abode, and that each party may reply, and the other rejoin, etc. 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 aforesaid, 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 beneficial for the Commonwealth, that if either party, Plaintiff or Defendant do 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, (showing and expressing to the other of them some reason in such writings or notes respectively, for what cause or reason, by and according to former precedents or orders, it was and should be requisite and necessary that such the request of him who shall so petition or move, aught 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 show 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 beneficial for the Commonwealth if the demand or request of such motion or petition shall be granted or ordered against such party, Plaintiff or Defendant against whom such Petition, motion, or demand is or shall be made, (notwithstanding any thing to the contrary thereof to be alleged or expressed in his writing so delivered, or left, or to be delivered, or left) that then such party Plaintiff or Defendant for not consenting to such motion, petition, or demand, or putting into such writing so to be delivered, or left any vain or fruvilous matter not material against such request or demand, shall be compelled to pay the other of them the ordinary costs, charges, and expenses, 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 precedent in such like case?  
5. Quere. If it be not convenient and beneficial for the Commonwealth, that such party (against whom such petition or demand shall be granted or ordered as aforesaid, or that shall consent to the demand of such motion or petition of either of such parties, Plaintiff or Defendant) 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 beneficial for the Commonwealth, 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, writ 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 down in writing under his Counsels hand, & deliver to such Register, his Deputy, Clerk, or Agent, exceptions against any part of the writing down 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 do, or shall sign or write to the same, and after to enter so much only in a Book as such Register or Registers shall write, and such Chancellor, Judge or Judges so sign (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 Alphabetical 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 Plaintiff or Defendant, or any other concerning the same, if need should require: And that Registers have only a competent gain (according to rates usually taken in other Courts by such as have deserved as much as any such Register etc. deserve for any thing they have written or done) in like case, for what they writ, or copy, or do, 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 be 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 lawful authority (if they have any at all) they have or can show, to receive, challenge, or demand any thing near so much as they have usually exacted and taken, and what authority they have to hinder the proceed of just Suits till their large demands be given them?  
9 Quere. What reason or equity 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 do 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 expense.  
11. Whether it be convenient for the public good, that every Register, etc. should be chosen out of Clerks, experienced in that way, for their honesty, experience, and ability only, without money or rewards, and that a competent gain only may be allowed him to take entirely to himself 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 proceed in such Courts, and divers other things, shortly are intended to be published, with additions to divers Quaeres, concerning Bills, Answers, Replications, Rejoinders, etc. in such Courts, and taking away the extreme and unnecessary charges, troubles, and long delays in just causes in such Courts, and abateing 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 to any but unnecessary Officers, crept into such Offices without any lawful authority: and how many hundred thousand pounds yearly may be saved to the Commonwealth by reducing such things, and others written to be published to the lawful proceed, and taking away the unlawfulness thereof, contrived by unlawful and exacting Officers for their own only gain.   
FINIS.