Questions Propounded, OR Quaeres, Concerning Remedies, and taking away of the extreme and unnecessary charges, expenses, troubles, and long delays in just causes and suits in Courts of EQUITY and others called ENGLISH-COURTS, and abating 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 or prejudice to any but unnecessary and upstart Officers.  
And how many hundred thousand pounds may be saved to the Commonwealth yearly, by reducing proceed in Law to the old and legal proceed, and taking away those that be unlawful and contrived by exacting Officers for their own only gain.  
Authorized to be printed and published for the good of the Commonwealth.  
London, Printed by F. Leach, 1647.   

Questions Propounded, OR Quaeres, concerning Remedies, etc.  
First in particular, concerning Bills, Answers, etc. in Courts called English-Courts.  
WHereas it is and hath been generally reported, that many contentious persons, some being of great ability in wealth, and others otherwise very potent; have, and for many years passed usually do put into divers Courts, called English Courts, and Courts of Equity, divers and sundry long bills of complaint, against divers and sundry poor honest men defendants in the same, and thereby have usually put such defendants to unnecessary charges and trouble in taking copies of the same, many times in putting and stuffing into the same more matter than hath been true (though the same matter had been pertinent if the same had been true) whereby no remedy hath been in such Courts had for such Defendants for or concerning such charge or trouble after hearing, but in some bills only wherein nothing material hath been true. And whereas also it is and hath been generally reported, that divers contentious and troublesome persons have, and usually do put into such Courts, to Bills, divers and sundry answers longer and more tedious than is or hath been pertinent or material stuffed with impertinent matter purposely to put the plaintiffs in such Bills to unnecessary charges and trouble.  
1. Whether it be convenient and beneficial for the Commonwealth, that no Defendant may be compelled to appear or answer to any such Bill till (after some convenient time) after that a true paper Copy thereof gratis (that is to say) without charge, be delivered to such Defendant, or left for him in the office of the Court where such Bill is to be delivered in Parchment to be filled or kept, and there the Defendant to have the same Paper-copy without charge, upon some penalty against such as do or shall exact or demand any thing for the same.  
2. Whether it be convenient and beneficial for the Commonwealth, that if there be more Defendants than one in any such Bill, that then each Defendant that will not answer, together with some other of such Defendants in such Bills may be compelled after a convenient time, after he shall receive a copy of such Bill to deliver or send the same to, or leave the same for such other Defendant or Defendants, as shall be named in such Bills according as such Defendants shall be directed or required by such Plaintiffs, or on their behalf under some penalty.  
3. Whether it be convenient and beneficial for the Commonwealth, that such or the like course may be taken concerning Replycations and Rejoinders, etc. in such Courts to such Bills and Answers; and that if such Replycations or Rejoinders shall be put in of course, as most have been (no new matter being expressed in such Replycation or rejoinder, etc. But only a confession, traverse, or denial of such matters, as were or shall be in such Bills or Answers) that then either party, Plaintiff or Defendant therein, or their Clerks or Attorneys for them, may under some penalty be compelled within some convenient time (after notice thereof to some of them) to reply and rejoin without further trouble or charges; and whether it be not convenient, and for the benefit of the Commonwealth, that some or one of the most ancient Clerks of best experience, who hath used to practise as a Clerk, and take care and charge of such suits there, may have and take the care and charge of the keeping or filing such Bills, Answers, Replycations, Rejoinders, etc. and Books, Notes, and Memorandums, to be used in such Courts in a good method; and have a competent gains allowed him or them for so doing: And such Drones as can show no legal ground for their beginning and continuance, who have taken and use to take and exact excessive sums of money, and have usually done not good for what they have taken, may be removed and abolished as burdensome members of the Commonwealth: and whether those practising Clerks experienced in such Courts who usually have taken upon them the charge and managing of prosecuting suits in such Courts, do not deserve to themselves the usual term Fees, which usually have been paid to undeserving persons formerly concerning the same.  
4. Whether that those Officers that have of late taken and use to take great pretended Fees for copies of such Bills and Answers, Replycations, and Rejoinders, etc. have any legal authority to exact the same if their beginning be well examined.  
5. Whether the ancient Clerks in Chancery that formerly were very learned and expert drawers and penners of special Writs, anciently called Master-writs, and special Actions, Petitions, Bills, Answers, etc. did in their times use to take any more than was willingly given them by suitors in such Courts, for such Bills, Answers, Replycations, and Rejoinders, etc. And whether proceed in such suits were not very short and speedily ended at a small charge in those times: and whether upon searching Records they may not easily be found so to be?  
6. Whether that after those ancient Clerk's time expired, since about the time of the beginning of the reign of Queen Elizabeth of England, etc. those persons who took upon them to officiate part of that which those ancient Clerks formerly used to do, did not at their first beginning use to wait on the Master of the Rolls, in Blue-coats, and so continue divers years after, and used to take no more than what was given them, as aforesaid, without exacting any more: and whether any fee at all (more than suitors will willingly give in such cases) be due at all to any; and how they do or can lawfully challenge or claim the same, or stay any man's proceed for not paying such exactions.  
7. Whether those Officers who now have and do take and exact such great pretended fees, and suffer no person to proceed in their just and lawful causes, without payment of such pretended fees, but hinder proceed in the same till payment thereof; do, or have deserved any thing at all for those divers thousand pounds, which they yearly have taken and usually exacted and do exact yearly. And whether they know or take knowledge of any thing concerning such suits, but only so exacting such pretended fees. And whether divers of them be not such men who be not capable of understanding the suits for which they have exacted, and usually do exact such great sums of money: and whether they be not burdensome members of the Commonwealth? And whether if such members be suffered to continue, it will not be an occasion of more such like to increase; and make men have a desire to bring in a confusion, and be weary, and despise the laws of the Land which have formerly been accounted the best in Europe?  
8. Whether both Plaintiff and defendant may not have copies of such Bills, Answers, Replycations, and Rejoinders, copied by those Clerks of those Courts, who manage and understand the proceed in such suits and matter thereof, and take care and charge thereof: or by the Clerks of their Councelours, or by their Solicitours at a cheap rate, and their suits better and more speedily dispatched and done, and yet divers thousand pounds yearly saved, if such exactions before mentioned be taken away? And whether it were not better to have such Courts reform or reduced to their old proceed only, then to have them cried down by divers people, being such Courts anciently have been accounted beneficial to the Commonwealth; and a means of preservation of just and honest deal in the Commonwealth.  
9 Whether such Clerks and Solicitors be not fittest to do such things (that is to say) to make such copies, being such Clerks and Solicitors best understand such proceed? And whether by giving copies (without charge) as aforesaid, by either party to the other, will not be an occasion of many shorter Bills and Answers, then have been and usually be; and a cause of abating and taking away many which have perplexed such Courts, and vexed the suitors and Counsel in such suits?  
10. Whether it be not better that deserving Clerks who have gained experience by their study, labour, and practise in such Courts, be chosen for their honesty, judgement, and experience only, to be Clerks in such Courts (to take a competent gain only, without exacting any excessive charges for what they shall do) then that such places should be sold for money to such that understand nothing concerning the same, but only to exact money thereby, to the hurt and prejudice of suitors there, by selling Under-clerks places for money to divers such Clerks as be experienced Clerks; and suffering none to come into such places without money, or some other reward though they be never so well experienced and able in such Courts? And yet, Quaere, whether such who understand so little do not exact above four times so much of every one of his Under-clerks (though they be many) as such Under-clerk taketh for himself.  
Other Quaeres writ above four years since, shortly after concerning the multitude of Orders, and chargeableness thereof, and other proceed in the said Courts, are intended to be published. And afterwards, other Quaeres concerning exactions of Sheriffs, Bailiffs, Gaolers, and other such like Officers; with divers others after those if need be.  
FINIS.