<!DOCTYPE ETS PUBLIC "-//UMDLPS//DTD EEBOPROOF 2.0//EN">
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<DATE>2014-09-10</DATE>
<RESPSTMT>
<NAME>John Pas</NAME>
<RESP>MURP</RESP>
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<ITEM>Proofed and reviewed as part of batch B140726.pdcc.</ITEM>
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<EEBO>
<IDG S="marc" R="UM" ID="B43780">
<STC T="W">R533E</STC>
<BIBNO T="oclc">688634851</BIBNO>
<VID>212061</VID>
</IDG>
<TEXT LANG="eng">
<BODY>
<DIV1 TYPE="text">
<PB REF="1">
<PB N="1" REF="2" MS="y">
<HEAD>REASONS <HI>Humbly offered by the</HI> Six-Clerks <HI>of the</HI> Court <HI>of</HI> Chancery, <HI>to Repeal or Explain the Latter Part of a Clau&s;e, in an</HI> Act <HI>of the la&s;t Se&s;&s;ions of</HI> Parliament, <HI>made for the Amendment of the</HI> Law, <HI>and the better Advancement of</HI> Ju&s;tice.</HEAD>
<P><LABEL>The Former Part of the Clau&s;e is this;</LABEL></P>
<P><Q REND="margQuotes">THAT no Copy, Ab&s;tract, or Tenor of any Bill in Equity, do go with the Dedimus or Commi&s;&s;ion for taking the Defendant's An&s;wer.</Q></P>
<P><HI>The Latter Part is this;</HI></P>
<P><Q REND="margQuotes">But in Lieu and Recompence thereof, the Sworn-Clerks of the <HI>Court</HI> of <HI>Chan|cery,</HI> &s;hall take to their own U&s;e, in all Cau&s;es, the whole Termly Fee of 3 <HI>s.</HI> 4 <HI>d.</HI> and al&s;o the whole Fee or Fees of all &s;mall Writs, made by the Sworn-Clerks.</Q></P>
<P>The Fee for the Tenor of the Bill, did belong to the Six-Clerks, as appeared by Pre&s;entment 40 <HI>Eliz.</HI> which, <HI>Anno</HI> 1635, among other Increa&s;e of Allowance, they gave to their Under-Clerks, <HI>in Con&s;ideration of their Faithful Dealing with the Suitors, and the Records of the Court.</HI> But the Under-Clerks in&s;tead of their Fair Dealing with the Suitors, have by gro&s;ly abu&s;ing That which was of Admi|rable U&s;e in its fir&s;t In&s;titution, <HI>mo&s;t de&s;ervedly lo&s;t the Advantage of that Fee.</HI> And therefore, no Rea&s;on they &s;hould have a Recompence.</P>
<P>But &s;uppo&s;e, (what cannot be Proved) that it is Rea&s;onable, That the Under-Clerks &s;hould have a Recompence, <HI>why &s;hould the Equivalent be taken out of the Six-Clerks Pocket?</HI></P>
<LIST>
<ITEM>1. <HI>The Six-Clerks never did In&s;ure the Tenor to the Under-Clerks:</HI></ITEM>
<ITEM>2. <HI>Nor did they ever In&s;ure again&s;t the Under-Clerks Forfeiture, or Abu&s;e of it:</HI></ITEM>
<ITEM>3. <HI>Neither have they contributed any thing to the taking of it away:</HI></ITEM>
<ITEM>4. <HI>The Six-Clerks have an undoubted Right, and Freehold in their Offices and Fees belonging to it for their Lives:</HI></ITEM>
<ITEM>5. <HI>The Under-Clerks might as ju&s;tly have pitch'd upon the Office, Po&s;&s;e&s;&s;ion or Pro|perty of any other Subject, to have made up their Recompence as the Six-Clerks.</HI></ITEM>
</LIST>
<P>The Six-Clerks mo&s;t Humbly Repre&s;ent, That they are ready to make Oath, that none of them &s;ince their Admi&s;&s;ion into their Offices, have made 700 <HI>l. per Annum</HI> one Year with another. And that their Expences in executing their Offices, is near 200 <HI>l. per Annum</HI> each.</P>
<P>The Under-Clerks have made it out more fully than any Thing they attempted, That the Latter Part of the Recompencing Clau&s;e, takes from each Six-Clerk 400 <HI>l. per Annum;</HI> &s;o that the Six-Clerks are &s;tript of their Livelyhood, without any Fault a&s;&s;igned again&s;t them.</P>
<P>The Six-Clerks further Humbly in&s;i&s;t, That from the Time of their Admi&s;&s;ion into their Offices, they are Intituled to all Fees, Perqui&s;ites, Profits, and other le|gal Rights their Predece&s;&s;ors formerly enjoyed, (and that under a far &s;tronger Title, than their Under-Clerks can pretend to have by the Ordinance of 1668) which they have no ways Forfeited.</P>
<P>Their Application to the Bu&s;ine&s;s and Duty of their Places, have intirely divert|ed their Intentions from any other Means of Livelyhood, They have mo&s;t of them Families, who Depend upon them as their only Support. Marriages have been En|courag'd upon the vi&s;ible Credit and Income of the&s;e Places; and it is very Evident, if this Clau&s;e &s;tands, That the Six Clerks and their Families, without the Aid and A&s;&s;i&s;tance of this <HI>Honourable Hou&s;e,</HI> mu&s;t unavoidably Suffer, and be reduced to Poverty.</P>
<P><HI>Therefore it is mo&s;t Humbly Submitted,</HI> Whether the Clau&s;e is not fit to be Repealed or Explain'd? Or whether the Six-Clerks &s;hall not be repair'd &s;ome other Way?</P>
<PB REF="3">
<GAP DESC="duplicate" EXTENT="1 page">
<PB N="2" REF="4">
<P><TABLE>
<HEAD>The Six-Clerks beg Leave to &s;how to this <HI>Honourable Hou&s;e,</HI> what will be an exact Recompence for the &V;nder-Clerks Lo&s;s of the Tenor of the Bill, if they are to have a Recompence.</HEAD>
<ROW>
<CELL ROLE="label"><HI>The Under-Clerks prov'd by</HI> Mr. Nichols,
<NOTE N="&rindx;" PLACE="marg">Mr. <HI>Ni|chols</HI> &s;urrender|ed his Seat in the Six-Clerks-Office to be an Evidence for the Under-Clerks, the very Morn|ing of that Day the Committee &s;at la&s;t.</NOTE></CELL>
<CELL ROLE="label"><HI>l.</HI></CELL>
<CELL ROLE="label"><HI>s.</HI></CELL>
<CELL ROLE="label"><HI>d.</HI></CELL>
</ROW>
<ROW>
<CELL>THAT the Under-Clerks Lo&s;s in <HI>Dedimus</HI> Cau&s;es, amounts to 20 <HI>s.</HI> computing Bills in <HI>Chancery,</HI> one with another, at 40 Sheets</CELL>
<CELL>01</CELL>
<CELL>00</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL><HI>Note,</HI> The Under-Clerk was at the Charge of ingro&s;ing the <HI>Dedimus-Bill,</HI> for which he paid 1 <HI>d. per</HI> Sheet, which for 40 Sheets was 3 <HI>s.</HI> 4 <HI>d.</HI> be&s;ides the Parchment, which at the lea&s;t came to 8 <HI>d.</HI> which added to the 3 <HI>s.</HI> 4 <HI>d.</HI> makes the Charge to the Under-Clerk in each <HI>Dedimus</HI> Cau&s;e.</CELL>
<CELL>00</CELL>
<CELL>04</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL>Deduct the 4 <HI>s.</HI> out of the 20 <HI>s.</HI> there remains a clear Lo&s;s to the Under-Clerk of</CELL>
<CELL>00</CELL>
<CELL>16</CELL>
<CELL>00</CELL>
</ROW>
</TABLE></P>
<P><TABLE>
<HEAD>The Exact Recompence for the &V;nder-Clerks Lo&s;s ari&s;es thus;</HEAD>
<ROW>
<CELL><HI>DEdimus</HI> Cau&s;es (<HI>i. e.</HI> Country-Cau&s;es) one with another, are not ended under le&s;s than Six Terms; and, if &s;o, then the Six-Clerks Fee for Six Terms amounts to in each Cau&s;e</CELL>
<CELL>00</CELL>
<CELL>12</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL>The Six-Clerks Fee for the <HI>Dedimus</HI> in each Cau&s;e was</CELL>
<CELL>00</CELL>
<CELL>04</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL>Which makes up an <HI>Exact Recompence,</HI> being</CELL>
<CELL>00</CELL>
<CELL>16</CELL>
<CELL>00</CELL>
</ROW>
</TABLE></P>
<P>So that the Advantage ari&s;ing by the Clau&s;e doth infinitely exceed the Lo&s;s, &s;ince thereby the Plaintiffs Under-Clerk in <HI>Dedimus</HI> Cau&s;es; And the Plaintiffs and Defendants Under-Clerks in all other Cau&s;es (wherein they receive no Lo&s;s) are intituled to the whole Termly-Fee, and al&s;o the Fees of all &s;mall Writs.</P>
</DIV1>
</BODY>
<BACK>
<DIV1 TYPE="docket title">
<P>THE Six-Clerks REASONS.</P>
</DIV1>
</BACK>
</TEXT>
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