SEVERAL PROPOSALLS, Tendred to the consideration of the Honorable Committee for Regulating of Courts of Justice, for a through Reformation thereof, and the generall satisfaction of all the Nation, save only some 20 or few more of the head Officers; who being taken away, and these Proposalls granted, will save the Commonwealth many hundred thousand pounds in few yeeres.
THAT the Grand and Head Officers of the severall Courts of Westminster, as the Six-Clearks, Prothonotharies, and the like; having in the Reigne of the late Kings, and times of Monopolies and Patentees, obteyned divers Patents of severall impertinent Offices and vast Fees, have and doe take the same, and force the People to pay them accordingly: By meanes whereof they have and doe raise great summes of money out of the Peoples Purses and purchase great Estates therewith; And yet will not suffer the true Laborers, that discharge all the Offices, and take all the Paines to have so much as will reasonably maintaine them, their Wives and Families.
1. THAT all the head Officers and Masters of Offices, may be required to bring in all their Fees and Demands, to the end it may appeare to the Committee what vast summes they raise for doing no manner of service for the same, but meerely keep books of Receipts and Entries of what they receive, and subscribe their names to what they neither peruse nor understand.
2. That all Deputies, Under-clearks and other inferior Officers, that doe performe all the service, and dispatch all the Peoples businesses, may be also required to bring in Particulars of what they receive for their Fees and Paines; and what they will be contented to take for dispatching the businesse of the Commonwealth in each Office: And also to bring in the names of such Offices as are burthensome and unnecessarie; to the end the same may be taken away, and also to Propose a way for supplie thereof, lesse burthensome to the Commonwealth, with more speedie dispatch of Businesse.
3. That this being done, all these head or chiefe Officers may be taken away, and some honest able Men chosen out of the severall Offices, to make Entries and Registries, to supplie their roomes, and to have a certain rasonable Stipend for the same; and the rest of the inferior Officers and Clearks, that take all the paines, to have some reasonable allowance for the same, viz. one part out of three of the Fees now taken by the head Officers, or but halfe thereof at most.
4. That all the needelesse and chargeable Entries, tedious Proceedings (which the head Officers have contrived in the severall Courts, for their own vast advantage) may be abolished: And that the inferior Officers and Clearks, may bring in Particulars to the Committee for the due regulation thereof, and shortning of Proceedings, whereby Causes may be speedier heard, at cheaper rates then formerly.
5. That all Fines paid to Cursitors, in England, upon any Original sued forth, and all Fines paid upon levying of Fines and Recoveries, in Wales, and all Dammage-Cleere may be quite abolished; being grievous Monopolies and Oppressions, which depended only on kingly Government, and ought now, to die with the Government.
6. That hereafter no Judges, Lord Keepers or Lords Commissioners, or Masters of the Rolls, may receive any Fees under any notion whatsoever but only a Stipend sutable to their Places and Trusts; it being a dishonour for Persons of their Degree to take Fees: And that they may not practise whilest in Commission for Judges, nor sell any Places or Offices, as formerly they have done, for vast summes; and suffer the same to be executed by men that were never bred up in such Places and Imployments.
7. That the grievous oppression of Goalers and Keepers of Prisons, and their under Officers may be eased, and that they may not rob both Creditor & Debtor, as formerly; but may hereafter have certain Stipends and allowances suteable to their trust and places, and that there may be fewer Prisons then are now used.
8. That the like course may be taken with Sheriffs, Bayliffs, Ketchpoles, and others their Agents; by whose extortion and indirect practise the People are grievously oppressed and damnified.
9. That all arests by those vexatious Writts of Latitats, Bills of Middlesex, Quo Minus, Capias and the like, and that indirect proceedings to the Outlarie unknown to the Partie Outlawed may be abolished: And that before any mans Person shall be arested or restreyned he may have legall summons, by way of Originall or other Writ, directed to the Sheriffe for that purpose, to be done personally, or else at his dwelling house with his Family, or other place of his usuall and constant abode: And that there be fourteen dayes warning from the time of his personall summons and the day of his appearance at least; and a moneth betweene the time of summons left at his house, &c. and the day of his appearance; and if upon due returne made of such Summons the Partie doe not appeare, either in Person, or by Attorney on Record, whereby the Plaintiffe may be enabled to proceede; the Plaintiffe to bee at liberty, to proceede with Processe against his person or goods; or else, by way of outlarie, to force his appearance, and obedience to the Law. But I refer my-selfe to Mr. Leach his Proposalls; who if required to attend the Committee can inform them at large of these and many more abuses.
10. That all Justices of Peace may have a certaine annuall stipend out of the publique Treasury, for their service; And neither they, nor their Clarkes, Servants, or Agents, to take any other fees, gratuities, or rewards, save only the usuall allowed fees, taken by the Clarkes for their warrants, and for binding men, &c.
11. That all mens estates may bee made lyable to pay their just debts; & no fradulent intayles, or other feined estates in trust, may avoid the reall Creditor. And that no man may bee imprisoned, that hath not wherewithall to satisfie his Creditor.
12. That (for avoyding the defrauding of Creditors, and divers suits and inconveniences, that come by intayles) these intayles may bee taken away; And that all mens estates may be reduced to a more certainty & plainnesse. And that (according to many true and former Proposalls) there may be a publique Register, in every County, to Register all Deeds, Contracts, Agreements, Bargaines, &c. And Commissioners appointed to receive their acknowledgment; which will avoyd many hundred suits, & other inconveniences to the Common-Wealth.
13. That for the avoyding of many litigious suits, for small matters; which may be easily tryed at a cheaper rate, in the Towne Court, County Court, &c. in the proper County where the Action lyes. Hereafter no action, or suit, may bee commenced in any of the Courts of Westminster, for any cause whatsoever, under twenty pounds in value, unlesse the partie defendant live in London or Middlesex; or doth reside or remaine there at the time of the Action brought; whereby hee may receive due summons before arrest, according to the former Proposall.
14. That the Marshalls Court, being a vexatious, troublesome, chargeable, and unnecessary Court, may be quite abolished and taken away. And that so much of the Exchequer, and Chequer of Pleas as had relation, and dependance on Kingly Government; and shall bee now found inconvenient, or burthensome to the Common-Wealth may bee also abolished.
15. That the fees, and number of Lawyers may bee ascertayned; and they not suffered to swarme, as they doe, before they have either experience or practise: The great ones now devouring the little ones; so that one cannot subsist by the other. And for the better regulation of the Law, and avoyding those many grievous inconveniences, which dayly experience doth teach, by permitting Lawyers that are members of the House, to have some of them, great Offices, which by their power they uphold; and others to practise at Westminster, and in the Circuits, when they should attend their duty, in discharge of their trust in Parliament. That hereafter no member of Parliament shall enjoy any Offices belonging to the Law; or practise in any Court, or Circuit, whilest they continue members of Parliament: which if granted, will advantage the Common-Wealth many thousand pounds in the yeare.
16. That the number of Attorneys may be ascertained, together with their fees: and not to suffer every broken man, or litigious person to bee Attorney; that are neither of ability to doe the businesse, or to answer for what they doe: it being often in the power of an Attorney to ruine many, if they bee so wickedly bent. And that no Malignant, or ill-affected Lawyers, or Attorneys, or other Officers, may bee suffered to practise or officiate.
17. That the same course may bee taken with Solicitors; and none to bee permitted to solicite; unlesse hee bee approved by the Judges of the same Court and sworne, as Attornies bee; and their names enrolled; and their fees, and number ascertained. And that no Offices or Places whatsoever, bee bought, or sold, as hitherto hath beene practised, to the great prejudice of the Common-Wealth.
If these Proposalls bee entertained with the same affection and zeale as they have beene penned, and the Author encouraged; hee intends to present divers more; which may prove very good, for information of the Committee: and if by them thought fit to bee granted, will prove, in all likelyhood, of vast use and benefit to the Common-Wealth.