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<DATE>10-23-13</DATE>
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<NAME>John Latta</NAME>
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<DIV1 TYPE="treatise">
<PB N="1" REF="1" MS="y">
<HEAD>Mr. Brunskell's CASE AND PROPOSALS.</HEAD>
<P>THAT the King may get and &s;ave above 400000 <HI>l. per Annum,</HI> by taking the fir&s;t Fruits or Profits of Offices, and indear ma|ny: For mo&s;t Offices may be executed by Deputy, as well as the <HI>Cu&s;tos Brevium</HI> Of|fice in the <HI>Common Pleas</HI> now is for 100 <HI>l. per Annum.</HI> And his Maje&s;ty may (if the Office be 1500 <HI>l. per An|num</HI>) allow an experienced Per&s;on 300 <HI>l.</HI> per Annum <GAP DESC="illegible" REASON="faint" EXTENT="1 word"> executing it, and Pen&s;ions of 200 <HI>l. per Annum</HI> to Six Per&s;ons more, and allow the Grantees one Moiety to live on, until his Maje&s;ty is paid what he is plea&s;ed to take: So rai&s;e his Revenue, reward good Services, and free his Revenue from Pen&s;ions.</P>
<P>To make out this Propo&s;al, and that the King will not (by doing as propo&s;ed) invade the Property of His Mini&s;ters, Judges and Officers, but they His by ob&s;truct|ing it.</P>
<P>The Judges and Officers execute the Laws, and pro|ceed <HI>Ad &s;ummum jus</HI> again&s;t Per&s;ons buying E&s;tates, which others have no right to &s;ell: And although the ignorant Purcha&s;ers were deceived by the Venders, or mi&s;guided by their Coun&s;el, yet are made to lo&s;e their Purcha&s;e-money, yield Po&s;&s;e&s;&s;ion, and refund mean Pro|fits to the real Owners: And the Judges and Officers wre&s;ting or di&s;pen&s;ing with Laws in their own Ca&s;e, renders them partial; for they know that the Law is ve|ry tender of the Crown Rights; becau&s;e wronging the Crown, is pillaging the People. The Con&s;truction which the Judges make of the Saving in the Statute of 5 <HI>&amp;</HI> 6 <HI>Edw.</HI> 6. <HI>cap.</HI> 16. for them to &s;ell is illegal, as re|&s;olved by the Judges them&s;elves in like Ca&s;es,<NOTE N="*" PLACE="marg">5 <HI>&amp;</HI> 6 <HI>Ed.</HI> 6. <HI>c.</HI> 16. <HI>Cok.</HI> Rep. <HI>Alton-woods</HI> Ca&s;e <HI>Pl. Com.</HI> 561. <HI>Dyer</HI> 231.313. 1 <HI>In&s;t.</HI> 381. 18 <HI>Ed.</HI> 3. Stat. 4. 20 <HI>Ed.</HI> 3 <HI>c.</HI> 1. 12 <HI>R.</HI> 2. <HI>c.</HI> 2.</NOTE> becau&s;e it is repugnant to what the Act intended to remedy; nei|ther can they take Money for Offices, or Fees of Suitors, or New-years Gifts of Lawyers and Officers, without di|&s;pen&s;ing with their Oaths, and the Statutes of 18 <HI>Edw.</HI> 3. and 20 <HI>Edw</HI> 3 and 12 <HI>Rich.</HI> 2.<NOTE N="&dagger;" PLACE="marg"><HI>Pl. Com.</HI> 333, 334. <HI>Hob.</HI> Rep. 233, 234. <HI>Dyer</HI> 261. <HI>Davys</HI> Rep. 56. 1 <HI>H.</HI> 4. <HI>c.</HI> 6.</NOTE> The Judges agree, where the King grants an Ancient Mannor <HI>cum pertinen',</HI> That Royalties &s;hall not pa&s;s without being named; yet they will have Inferiour Offices pa&s;s to them by the Grant of the Office of Ju&s;tice <HI>cum pertinen',</HI> or other General Words, without the lea&s;t mention of any Inferiour Of|fice by Name, again&s;t the expre&s;s Letter of the Statute of 1 <HI>Hen.</HI> 4. <HI>cap.</HI> 6. which provides, That where the Name or Value of any Office claimed is not mentioned, the Grants &s;hall be void, and the Grantees puni&s;hed for deceit.</P>
<P>The Kings and Queens of <HI>England,</HI> by Virtue of their Original Right to the Admini&s;tration and Offices inci|dent thereto, have at plea&s;ure, as they were reinformed of the Name and Value of Inferiour Offices, granted &s;e|veral, &s;ome before,<NOTE PLACE="marg">5 <HI>&amp;</HI> 6 <HI>Ed.</HI> 6.</NOTE> others &s;ince the Statute of 5 <HI>&amp;</HI> 6 <HI>Edw.</HI> 6. which Mini&s;ters and Judges have di&s;po&s;ed of without intermi&s;&s;ion &s;ome Hundred years before their Maje&s;ties interpo&s;ed; and Grantees enjoyed the &s;ame accordingly. As for in&s;tance; Chief Clerk and <HI>Cu&s;tos Brevium</HI> in the <HI>King's <GAP DESC="illegible" REASON="faint" EXTENT="1 word"> Cu&s;tos Brevium,</HI> Clerk of the Trea&s;ury, and Clerk of the <HI>Super&s;edeas</HI> in the <HI>Com|mon Pleas,</HI> Trea&s;urer, Remembrancer, and Clerk of E|&s;treats in the <HI>Exchequer,</HI> Prothonotary, Six Clerks and Cur&s;iters, Incorporation and Regi&s;ter in <HI>Chancery,</HI> Cof|ferer, and other Offices in the Hou&s;hold; and &s;uch In|terruption of their Mini&s;ters and Judges U&s;age amount to a Di&s;continuance of their Right, and a Continuance of the King's, <HI>Pari Ratione</HI> the King may di&s;po&s;e of the other Offices, as he is not re&s;trained by any Grant to his Mini&s;ters, or the Saving afore&s;aid. And the Statute of 5 <HI>&amp;</HI> 6 <HI>Edw.</HI> 6. provides,<NOTE PLACE="marg"><HI>5.</HI> &amp; <HI>6</HI> Ed. <HI>6.</HI> c. <HI>16.</HI> General words of an Act &s;hall not debar the King of any Prero|gative, E|&s;tate, Right, Title or In|tere&s;t, as ci|ted in <HI>Mag. Coll:</HI> Ca&s;e, Co. <HI>11. Rep.</HI> The King cannot di|&s;pence with the Stat. of <HI>5</HI> &amp; <HI>6 Ed. 6.</HI> as cited in <HI>Co. 1 In&s;t. 120.</HI></NOTE> That &s;uch as be Seized of Offices in Fee, may Sell, <HI>Ergo</HI> the King, Seized of all Hereditary Rights belonging to the Imperial Crown and Dignity, may make Advantage thereof, but Judges can|not; and the Saving implies no more, but that the Judges may &s;upply Vacancies, upon Death or Removal, in the King's Ab&s;ence, to avoid a Failure in the Exe|cution of the Law, until the King think fit to make his own Officers.</P>
<P><HI>Object.</HI> Should the King di&s;po&s;e of all the Officers, as pro|po&s;ed, &s;ome Mini&s;ters will &s;till for Money find ways to put Good Men by, or out of Offices, and have their own Creatures placed therein, and alledge, That it is his Ma|je&s;ties plea&s;ure to have it &s;o, when his Maje&s;ty knows nothing of the Matter; &s;o their Maje&s;ties and their Government will be more &s;candalized than ever, where|as Mini&s;ters now (and not their Maje&s;ties) are reflected on for &s;uch doings; neither can the King know &s;o well as his Mini&s;ters do, who are fit for Offices.</P>
<P><HI>An&s;w.</HI> Were &s;uch as have been put by or out of Offices, without ju&s;t Cau&s;e re&s;tored, upon paying Fir&s;t Fruits of Profits, as propo&s;ed; and were the Names of &s;uch as have done, or &s;hall for the &s;uture, do the King and Nation good Service, from time to time &s;et down in a Roll, or Book of Regi&s;try,<NOTE PLACE="marg">Cok. <HI>4</HI> In&s;t. <HI>Title</HI> Privy Council, <HI>36</HI> Articles.</NOTE> to be kept for that pur|po&s;e by one of the Secretaries of State, or other Mini|&s;ters, pur&s;uant to &s;everal Ordinances made by former Kings in Parliament; and were a Jury of Officers im|pannelled every Year, to pre&s;ent the Names of &s;uch upon Oath as are out of Office, orderly as they are
<PB N="2" REF="2">qualified by Birth, Age, or Education; and were Offi|ces di&s;po&s;ed of to &s;uch to be executed by &s;ufficient De|puties, then in Ca&s;e the Office fir&s;t hapning be too mean for the fir&s;t per&s;on in the Roll, Regi&s;try, or Pre&s;ent|ment, he may, if he think fit, enjoy it till a better fall.</P>
<P>The Law is as &s;trict again&s;t Simony as can be made again&s;t &s;elling Temporal Offices; <MILESTONE UNIT="Objection."> and the King hath the full fir&s;t years Profits &s;etled, of Spiritual Benefices, as propo&s;ed to be &s;etled of Temporal Offices; yet do not the Fathers, or other Relations of the Par&s;ons, by gi|ving great Sums of Money to the King's Mini&s;ters; or Lay-men who have right of Pre&s;entation, procure Bene|fices, at this day, unknown to Par&s;ons, by purcha&s;e, &s;o pay younger Childrens Portions or Legacies, and the Fir&s;t Fruits to the King amount to a very &s;mall matter yearly.</P>
<P>It's true, <MILESTONE UNIT="An&s;w."> the Law again&s;t Simony is as &s;trict as it can be penn'd, and the full fir&s;t Years Profits of Benefices in the King's Gift, are as fully &s;etled and given to the King as may be, yet what &s;ignifies a &s;trict Law, if the Method or Manner of performing it be not &s;o firmly pre&s;cribed, That the Per&s;on or Per&s;ons, directly or indi|rectly violating it, may not be ea&s;ily detected. Now were it &s;o &s;ettled, That Pre&s;entments were made by the two Univer&s;ities yearly, of the Names of Par&s;ons qualified <HI>pro Cura Animarum,</HI> according to their Merit and Senio|rities of &s;tanding; and were &s;uch Pre&s;entments returned to, and regi&s;tred in the <HI>Petty-Bagg-Office</HI> in <HI>Chancery;</HI> and were Par&s;ons preferred by the King, and others, ac|cordingly as they are orderly &s;et down in &s;uch Pre&s;ent|ments, and promoted ligher as better Benefices fall, in Ca&s;e their Demeanours, after &s;uch Pre&s;entment made, render them qualified or &s;uch further Promotion. And were the King, and &s;uch as have right of Pre&s;entation, to take the next Par&s;on, as he &s;tands orderly in the fir&s;t pre&s;entment, it would nake the Law effectual for re|medy of the Evils thee by intended to be redre&s;&s;ed; and were every Par&s;on Obliged upon Oath to Accompt for, and pay the Kings real Duty out of, and according to what Rents, I&s;&s;ues, and Profits he actually hath and receiveth, Fir&s;t Fruits would be a great Revenue to the Crown.</P>
<P>What difference is there between the King's di&s;po&s;ing of Offices,<NOTE PLACE="marg">Quaere.</NOTE> as propo&s;ed, and his Mini&s;ters &s;elling?</P>
<P>The Officers made by the King, <MILESTONE UNIT="An&s;wer."> as propo&s;ed, run no hazard in Ca&s;e of Death or Removal, and Men of Me|rit, without Money, will be &s;ure of Imployments, where|by the Government will flouri&s;h.</P>
<P>But the&s;e Evils attend Great Mini&s;ters Selling and Di&s;po&s;ing of Offices.</P>
<LIST>
<ITEM><HI>Fir&s;t,</HI> <MILESTONE N="1"> The Officers give ready Money, who often ma|king too much ha&s;te to re-imbur&s;e them&s;elves, ruin di|vers Families:</ITEM>
<ITEM><HI>Secondly,</HI> <MILESTONE N="2"> Per&s;ons who have no Qualifications but Money, will give mo&s;t for Offices of Profit. And &s;uch as have ill De&s;igns will do the like for the Places of greate&s;t Tru&s;t, to di&s;cover Secrets and betray Tru&s;ts: So by the Ignorance of one, and Di&s;hone&s;ty of the o|ther, the Government is ruined.</ITEM>
<ITEM><HI>Thirdly,</HI> <MILESTONE N="3"> While Mini&s;ters have the Di&s;po&s;ition of Of|fices, they will prefer Relations, or &s;uch as gratifie them in what &s;uits mo&s;t with their Temper, who cannot at|tribute their Indearment to the Kings Bounty, or any Me|rit but their Money, or great Mens favours.</ITEM>
<ITEM><HI>Fourthly,</HI> <MILESTONE N="4"> All or mo&s;t Officers undue practices here|after &s;et down by way of Abu&s;es, and the Judges hin|dring the &s;ame to be redre&s;&s;ed, as is propo&s;ed under e|very Head, or otherwi&s;e in the late Reigns, did proceed from Buying and Selling Offices, or their di&s;po&s;ing there|of to Men of no Merit, again&s;t the Laws of the Land.</ITEM>
</LIST>
<DIV2 TYPE="part">
<HEAD>Abu&s;es di&s;covered to R. <HI>Charles</HI> the Second, which &s;hew how the King is wronged, and Subjects oppre&s;&s;ed by the Mi&s;management of His Ancient Ca&s;ual Revenue.</HEAD>
<P>THat Officers take their own and Judges Fees upon &s;igning Proceedings whereon the King's Duty ari&s;e,<NOTE PLACE="marg"><HI>1</HI> Abu&s;e.</NOTE> and leave Attorneys to Record them, when and as they plea&s;e, whereby the King often lo&s;eth his Duties, and ma|ny Subjects and their Families have been ruined by lo&s;s of their Judgments, or forced to pay for Po&s;t-Rolls, which are very chargeable.</P>
<P>That Proce&s;s be not &s;igned or &s;uffered to i&s;&s;ue out,<NOTE PLACE="marg">Remedy.</NOTE> till an <HI>Incipitur</HI> thereof, or the Proce&s;s at large be duly Recorded.</P>
<P>Officers Out-law many for the King's Duty, called,<NOTE PLACE="marg"><HI>2</HI> Abu&s;e.</NOTE> <HI>Capias per fine;</HI> which in many Ca&s;es is but 6 <HI>s.</HI> 8 <HI>d.</HI> whereby they get, at lea&s;t 10 <HI>l.</HI> in the <HI>King's Benth,</HI> and 3 or 4 <HI>l.</HI> in the <HI>common-Pleas;</HI> and render no Account into the Exchecquer, of the Duties received and taken for the King.</P>
<P>That as Officers added their own Profit called <HI>Damage-clear,</HI><NOTE PLACE="marg">Remedy.</NOTE> to Suitors Co&s;ts, becau&s;e the Statute 23 <HI>Hen.</HI> 8. <HI>cap.</HI> 15. impowreth Co&s;ts to be taxed di&s;cretionally; &s;o the King's Fines may be added to Suitors Co&s;ts, and Un|der-Sheriffs upon levying thereof, may be made to ac|compt and pay the King's &s;hare, as they did the Officers Damage-clear.</P>
<P>That Officers for Eribes &s;pare Jurors,<NOTE PLACE="marg"><HI>3</HI> Abu&s;e.</NOTE> whereby the principal Pannels are &s;upplied with By-&s;tanders, too often attending to &s;erve the ba&s;e Ends and De&s;igns of Litigious Suitors: And Freeholders now dance Attendance upon old Cau&s;es; which is very grievous, if they live remote from A&s;&s;izes or Se&s;&s;ions.</P>
<P>That Officers &s;pare not any Jurors,<NOTE PLACE="marg">Remedy.</NOTE> without the Judges Orders recorded; and that the Freeholders may &s;erve in <GAP DESC="illegible" REASON="faint" EXTENT="4 letters">s and not attend old Cau&s;es, unle&s;s it be where a Special Jury is &s;etled by Order of Court.</P>
<P>The King is wrong'd of great Sums of Money yearly,<NOTE PLACE="marg"><HI>4</HI> Abu&s;e.</NOTE> upon Actions and Informations, <HI>Qui tan &amp; per Dom. Rege,</HI> by private Agreements between Attorneys and their Clients, and &s;mothering Proceedings.</P>
<P>That the Statute 18 <HI>Eliz. cap.</HI> 5. be ob&s;erved.</P>
<P>Many Fines and Amercements accruing to the King by Officers Contempt, Non-execution,<NOTE PLACE="marg">Remedy. 5 Abu&s;e.</NOTE> or Mi&s;-execution of Proce&s;s, Rules, or Orders, and for other Offences by them committed, and never recorded, whereby Suits are retar|ded, and Proce&s;s multiplied, to the great increa&s;e of Offi|cers Profits, and intolerable trouble and charge of the Par|ty grieved; who by that means, often expend more than the value of the Thing in &s;uit.</P>
<P>That every Contempt,<NOTE PLACE="marg">Remedy.</NOTE> or other Offence committed, may be recorded without delay, and the Officer, or Attor|ney offending expelled the Court, if he does not pay the Fine, or Amercement into the Exchecquer, at a day to be a&s;&s;igned by the Court, wherein the Offence is committed.</P>
<P>That Under-Sheriffs for lucre, a&s;&s;ign over Defendants Bail Bonds to the Plantiff to &s;ue,<NOTE PLACE="marg"><HI>6</HI> Abu&s;e.</NOTE> which by the Sta|tute 22 <HI>Hen.</HI> 6. <HI>cap.</HI> 10. are entred into only to indempni|fie Sheriffs from the King's Fines, <HI>Quia non habuerunt Cor|pora:</HI> and the Plantiffs are permitted to &s;ue the &s;ame in the Sheriff's Name, before the Sheriffs are damnified; and the Defendants having only <HI>Comperuit ad diem,</HI> to plead thereto, are forced to comply with their Adver&s;aries vex|atious Demands; e&s;pecially when the Original Actions, by contrivance between Attorneys and Clients, are laid &s;o litigiou&s;ly high, that Defendants living remote from <HI>Lon|don,</HI> cannot find Bail; and the Officer, and Under-Sheriff, by Combination, often deceives the King of his Fines, or Amercement.</P>
<P>That Under-Sheriffs may make no other u&s;e of the De|fendants Bail-bond,<NOTE PLACE="marg">Remedy.</NOTE> than to indempnifie them&s;elves from the King's Fines, for the Defendant's Non-appearance; and that &s;uch Bonds be delivered up, and cancelled, upon the Defendant's paying the Fine, and the Damage which the Sheriff's may rea&s;onably &s;u&s;tain upon that account. And that Plantiff's making great Demands, may, at
<PB N="3" REF="2">the Defendant's Reque&s;t, be compelled to give the Court &s;atisfaction of the reality of their Cau&s;e of Action: That Plantiffs, in Ca&s;e Vexation appear, may be fined, <HI>pro fal|&s;o clamore,</HI> and Defendants admitted to rea&s;onable Bail, as they ought to be; and that the &s;aid Fines may be duly E&s;treated and Recorded, as they ought to be.</P>
<P>That Judges and Officers cannot legally alter the Origi|nal Proce&s;s of Courts,<NOTE PLACE="marg"><HI>7</HI> Abu&s;e.</NOTE> without Authority of Parliament, as re&s;olved: <HI>Cooke</HI>'s <HI>In&s;t. part</HI> 1. <HI>&s;ect.</HI> 101. <HI>Bracton, l.</HI> 5. <HI>fol</HI> 413. <HI>Lritton</HI> 122. 227. <HI>Fleta, lib.</HI> 2. Yet the Judges have of late Years made great Alterations, by <HI>Ac Etiam Bille,</HI> ca&s;ual Ejectors, and the like. And one Court in|terferes with another in bu&s;ine&s;s, again&s;t expre&s;s Acts of Parliament, 9 <HI>Hen.</HI> 3. <HI>cap.</HI> 11. 10 <HI>Edw.</HI> 1. 28 <HI>Edw.</HI> 1. <HI>cap.</HI> 4. As for in&s;tance: The Upper Bench is appropria|ted to Matters, <HI>Quare Vi &amp; Armis;</HI> the <HI>Common Pleas</HI> to the Subjects bu&s;ine&s;s; and the <HI>Ex hecquer</HI> to things purely relating to the Revenue.</P>
<P>If the Courts be allowed to proceed in the Method they are now in,<NOTE PLACE="marg">Propo&s;al.</NOTE> it may be rea&s;onable, that &s;ome provi&s;ion be made, that the King may have &s;uch Duties as he ever had upon the <HI>Common Pleas</HI> Proceedings.</P>
<P>Mo&s;t Ju&s;tices in <HI>Eyre,</HI><NOTE PLACE="marg"><HI>8</HI> Abu&s;e.</NOTE> Commi&s;&s;ioners of Sewers, Stew|ards, and Sheriffs in Turns and Leets, and Clerks of Mar|kets, E&s;treat not their Fines and Amerciaments.</P>
<P>That the Fines and Amerciaments may be E&s;treated and Certified into the Exchecquer,<NOTE PLACE="marg">Remedy.</NOTE> as the Statutes 51 <HI>Hen.</HI> 3. 14 <HI>Rio.</HI> 2. <HI>cap.</HI> 11. 7 <HI>H<GAP DESC="illegible" REASON="faint" EXTENT="2 letters">.</HI> 4. <HI>cap.</HI> 3, &amp; 11 <HI>Hen.</HI> 7. <HI>cap.</HI> 15. <HI>direct.</HI> And that Bayliffs and Stewards do all things required of Sheriffs, as the 27 <HI>Hen.</HI> 8. <HI>cap.</HI> 24. directs.</P>
<P>Under-Sheriffs take their Bayliffs Returns,<NOTE PLACE="marg"><HI>9</HI> Abu&s;e.</NOTE> <HI>De bene e&s;&s;e,</HI> who place many Fines and Forfeitures in Liberties and Franchi&s;es, which are not; and the King not knowing what are his, and the Lords of &s;uch Liberties having no Right thereto, the Officers pocket them. Al&s;o, Under-Sheriffs often charge the King with Ju&s;tices of Peace Wa|ges, when they attend not at A&s;&s;izes and Se&s;&s;ions. And Sheriffs and Bayliffs oppre&s;s the People, by rea&s;on Sheriffs let our their Balywicks to Farm, at dear Rates, contrary to the Statute 23 <HI>Hen.</HI> 6. <HI>cap.</HI> 10.</P>
<P>That exact Rolls of Liberties be made,<NOTE PLACE="marg">Remedy.</NOTE> as the Statute 13 <HI>Edw.</HI> 1. <HI>cap.</HI> 39. directeth. And that the Statutes, 7 <HI>Hen.</HI> 4. <HI>cap.</HI> 3. 6 <HI>Edw.</HI> 1. <HI>cap.</HI> 14. 10 <HI>Edw.</HI> 1 Stat. <HI>Rut|land.</HI> 27 <HI>Edw.</HI> 1. <HI>cap.</HI> 2. be duly put in execution; and that Ju&s;tices of Peace's Wages may be paid and allowed, as the Statute 14 <HI>Ric.</HI> 2. <HI>cap.</HI> 11. directeth, and not o|therwi&s;e. And that Under-Sheriffs may receive all their Bayliffs Returns and Accompts duly atte&s;ted upon Oath, before fit Per&s;ons appointed to take Affidavits in the re&s;pe|ctive Counties, and produce the &s;ame &s;o atte&s;ted, to ac|count by, in the Exchecquer; and that the Sature 23 <HI>H.</HI> 6. be put in execution.</P>
<P>That many Per&s;ons guilty of great Offences,<NOTE PLACE="marg"><HI>10</HI> Abu&s;e.</NOTE> often for|feit their Recognizances, rather than &s;tand Tryal; by rea|&s;on Officers intru&s;ted with the Execution, which is the Life of the Law, for Bribes either &s;mother the Recogni|zances, or di&s;charge them upon wrong Sugge&s;tions, and ea&s;ie Compo&s;itions to the King, and make &s;uch as by in|advertency, and not out of any ill de&s;ign, unhappily incur Penalties, often paying great Sums of Money for their <HI>Quietus,</HI> and Di&s;charges; and exact what they can get of the poorer &s;ort, to the ruine of them and their Fami|lies.</P>
<P>That the Clerk of A&s;&s;izes,<NOTE PLACE="marg">Remedy.</NOTE> Clerks of the Peace, and all Officers of the Courts of Ju&s;tice, to whom it belongs to Record E&s;treats, and certifie any Fines, Forfeitures, and Compo&s;itions into the Exchecquer, may duly make up their E&s;treats, and &s;et down every Fine, Forfeiture, and Compo&s;ition in particular; and the Affidavits, and Proofs, or other matter, upon which every Compo&s;ition or Di&s;|charge is grounded: al&s;o certifie upon every Fine or For|feiture not di&s;charged, how the Per&s;on, and his Offence doth truly appear to be; that the Ju&s;tices who are to approve of, and &s;ign all E&s;treats, may correct what they &s;ee ami&s;s; and the Officers may deliver the &s;ame &s;o certi|fied and atte&s;ted upon Oath, that they contain all which came to their knowledge, without Imbezelment of any.</P>
<P>The King's Duty of <HI>per</HI> Fine,<NOTE PLACE="marg"><HI>11</HI> Abu&s;e.</NOTE> upon Alienations, is 10 <HI>l.</HI> in all Ca&s;es for every 100 <HI>l. per Annum,</HI> contained in Writs of Covenant and Entry, and the Commi&s;&s;ioners make Rent, Charges, and Annuities for Life, pay accordingly; yet make E&s;tates in Fee &s;ome times, one half of the full Duty; others not an Eighth, Tenth, Twelfth, or Six|teenth part, where the value of E&s;tates, and occa&s;ion of levying or &s;uffering Fines and Recoveries differ not, as the Commi&s;&s;ioners and Attorneys contrive the matter; And by rea&s;on &s;ome Commi&s;&s;ioners are apt to rate and compound higher than others, mo&s;t cunning Attorneys and Sollicitors go to him will rate lowe&s;t, and certifie them, Affirmed to be as they make them; and in <HI>Wales</HI> the Farmers &s;crew Fines very high.</P>
<P>That the Owners of the E&s;tates contained in Writs of Covenant and Entry,<NOTE PLACE="marg">Remedy.</NOTE> or &s;ome credible Per&s;on who knows the value thereof, may from time to time certifie the &s;ame, by &s;ome known Attorney to the Commi&s;&s;ioners, who may be impowred to abate what the King thinks fit in ea&s;e and favour to his Subjects; as for in&s;tance: If the E&s;tate be 200 <HI>l. per Annum,</HI> where the <HI>pr<GAP DESC="illegible" REASON="faint" EXTENT="1+ letters">fine</HI> is 20 <HI>l.</HI> the Commi&s;&s;ioners may abate 14, or 15 <HI>l.</HI> thereof, more or le&s;s, as the King thinks fit; and &s;o proportionably for E&s;tates of greater or le&s;&s;er Values, and certifie the A|batement made <HI>per Mandatum Dom. Regis,</HI> that the Subject may acknowledge the King's Bounty; and the Commi&s;|&s;ioners may be enjoyned to Regi&s;ter all Proofs whereon they ground their Compo&s;itions: And the general Re|gi&s;try may be Methodically and Alphabetically dige&s;ted by Counties, and lye open for any body at &s;ea&s;onable times to in&s;pect <HI>gratis,</HI> that in ca&s;e any Fraud &s;hould afterward appear, the King may know on whom to charge it.</P>
<P>That Per&s;ons aggrieved by Officers and Attorneys un|due practices &s;eldom &s;eek Redre&s;s,<NOTE PLACE="marg"><HI>12</HI> Abu&s;e.</NOTE> but find the Reme|dy wor&s;e than the Di&s;ea&s;e, by rea&s;on the Kings Attor|ney and Solicitor Generals practice depends on Offi|cers, Attorneys and Sollicitors bringing them Clients, and the Judges take Fees in Suits, which increa&s;e as Proceed|ings multiply; and large Sums of Money for Offices and New-years-Gifts, which influences them to favour Offi|cers, Attorneys, and Solicitors, becau&s;e the Judge mo&s;t favourable, is &s;ure of mo&s;t Fees.</P>
<P>That the Attorney and Solicitor-General may have &s;uch Salaries as the Judges have to acquit their private Practice,<NOTE PLACE="marg">Remedy.</NOTE> and addict them&s;elves to popular Actions, Informations, and Pleas of the Crown; and that the King di&s;po&s;e of all Offices as propo&s;ed, and take the Duties ari&s;ing upon Pro|ceedings in Law and Equity into his own hands; that the Judges who are to correct Officers, Attorneys, and Solici|tors may be intere&s;ted to &s;erve the Publick. The Law, to avoid partiality provides, 8 <HI>Rich.</HI> 2. <HI>cap.</HI> 2. 23 <HI>Hen.</HI> 8. <HI>cap.</HI> 24. That no Man of Law &s;hall be Judge of. A&s;&s;ize where born; and undoubtedly the Statutes, 18 &amp; 20 <HI>Edw.</HI> 3. were intended for that purpo&s;e.</P>
<P>Whereas &s;ome thou&s;and Families are ruined by Attor|neys and Sollicitors unrea&s;onable Bills of Co&s;t,<NOTE PLACE="marg"><HI>13</HI> Abu&s;e.</NOTE> and Officers Exactions.</P>
<P>That the Statute 3 <HI>Jacob.</HI> 1. <HI>cap.</HI> 7. and other Laws a|gain&s;t Extortion be put in Execution,<NOTE PLACE="marg">Remedy.</NOTE> and a Table of the ju&s;t Fees of every Officer be duly hung up in the Trea&s;ury of every Court and Office.</P>
<P>Now whereas the Admini&s;tration of Ju&s;tice depends on the right Con&s;truction and Execution of the Laws in being; and the Lord Chief Ju&s;tice <HI>Coke</HI> &s;aith,<NOTE PLACE="marg"><HI>Cok. In&s;t.</HI> 1 part, fol. 234.</NOTE> That Ju&s;tice will never be admini&s;tred, whereby Religion, Liberty and Property will be invaded, unle&s;s Officers come to their places as the Law requireth. And where|as to avoid partiality, it's provided by the Statute of 8 <HI>Rich.</HI> 2. <HI>cap.</HI> 2 and 33 <HI>Hen.</HI> 8. <HI>cap.</HI> 24. That no Man of Law &s;hall be Judge of A&s;&s;ize where born; and where|as the &s;aid Laws of 18 and 20 <HI>Edw.</HI> 3. 12 <HI>Rich.</HI> 2. <HI>c.</HI> 2. and 5 and 6 <HI>Edw.</HI> 6. <HI>cap.</HI> 16. were made for the due and impartial Execution of Ju&s;tice; and whereas the Statute of 27 <HI>Hen.</HI> 8. <HI>cap.</HI> 24. re&s;tored divers ancient Authorities and Prerogatives of Ju&s;tice to the Crown, which were &s;evered and taken away by expre&s;s Grants, and gave no Compen&s;ation to the Grantees, becau&s;e their E&s;tates therein, were to the great detriment and diminution of the Royal E&s;tate, and great delay of Ju&s;tice. And whereas the Grievances afore&s;aid, may be redre&s;&s;ed by a due Execution of the Laws in force, that are not Re|pealed, its to be hoped the Parliament will advi&s;e and
<PB N="4" REF="3" MS="y">coun&s;el his Maje&s;ty to di&s;po&s;e of Offices, as afore&s;aid, and take away &s;uch Fees and Perqui&s;ites from Mini&s;ters as im|pede and hinder a right and due Admini&s;tration of Ju|&s;tice, and dimini&s;h the Ancient Revenues of the Crown.</P>
</DIV2>
<DIV2 TYPE="reports">
<HEAD>Opinions and Reports of Councel, and others, in the Reign of King <HI>Charles</HI> the Second, in behalf of Mr. <HI>Brunskell.</HI></HEAD>
<P>Attorney-General <HI>North</HI>'s Opinion, in <HI>October,</HI> 1674.</P>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="report">
<P><HI>THat the &s;mall Fines and Amerciaments in all Courts, are wholly neglected, which if carefully looked after, will be of con&s;iderable value: And the &s;aid</HI> Brunskell, <HI>if His Maje&s;ty plea&s;e to favour him, de&s;erveth an Imployment therein, for &s;o u&s;eful a Di&s;covery.</HI></P>
<CLOSER><SIGNED>Fr. North.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>Upon his Retraction, being referr'd to Sir <HI>Charles Har|board,</HI> he reported:</P>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="report">
<P><HI>THat all the Fines are agreed to be due to the King.</HI></P>
<CLOSER><SIGNED>Ch. Harboard.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>Upon the Officers denying the Abu&s;es to be true, the &s;tate thereof was referr'd to the Examination of Sir <HI>William Jones,</HI> who reported:</P>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="report">
<P><HI>THat Many of the Abu&s;es are true, and fit to be remedied; and all, or the greate&s;t part may be redre&s;&s;ed by the Judges Orders in the re&s;pective Courts. And the Di&s;coverer de&s;erveth all due Encouragement for the Service he hath al|ready done, and may for the future do, in di&s;covering the&s;e and the like Abu&s;es; al&s;o the a&s;&s;urance of a liberal Re|ward.</HI></P>
<CLOSER><SIGNED>Will. Jones.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>Afterward the &s;ame &s;tate of Abu&s;es was referred in like manner to Sir <HI>Robert Sawyer.</HI></P>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="report">
<P><HI>THat great Abu&s;es are practi&s;ed by Clerks; and it's fit &s;uch Rules be made, that His Maje&s;ty may not be inju|red; and the Orders &s;eem rea&s;onable in the main to remedy them.</HI></P>
<CLOSER><SIGNED>R. Sawyer.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>Upon a draught of a Warrant for a Pattent intended to be granted to the &s;aid <HI>Brunskel,</HI> of the Green-wax Fines, he obtained the Opinion of the Per&s;ons as follows:</P>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="report">
<P><HI>THat a Patent pur&s;uance to this Warrant is Legal, in re|gard all the Money is actually brought in by the u&s;ual and legal Proce&s;s of the re&s;pective Courts: So that the Sub|ject is not vexed with any new way of Collecting or Proce&s;s, but things run in their u&s;ual Channel.</HI></P>
<CLOSER><SIGNED>Jo. Simp&s;on. Edm. Saunders. Tho. Ramond.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="report">
<P>I <HI>Am of Opinion, the King may legally grant what is premi|&s;ed; and &s;uch Grant in good hands, will be helpful to the Admini&s;tration of Ju&s;tice.</HI></P>
<CLOSER><SIGNED>Will. Williams.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="report">
<HEAD>The Earl of <HI>Angle&s;ey</HI>'s Opinion.</HEAD>
<P>I <HI>Know very well, that this Grant will be for the ea&s;e and benefit of the poorer &s;ort of Subjects, who are now mi&s;era|bly oppre&s;&s;ed by the</HI> Exchecquer<HI>-Officers; which makes them &s;o oppo&s;ite (again&s;t their Oaths) to the King's making the ju&s;t and merciful advantage of this his ancient Revenue of</HI> Green-wax.</P>
<CLOSER><SIGNED>Angle&s;ey.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>The Ma&s;ter of the <HI>Rolls</HI>'s Certificate, upon the Lord Keeper <HI>North</HI>'s mi&s;repre&s;enting the &s;aid <HI>Brunskell.</HI></P>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="report">
<P>I <HI>Know Mr.</HI> Brunskel <HI>to be a fit Per&s;on to be imployed, for he was one of my Clerks in the <HI>Rolls</HI> Chappel; which is an Office of great Trust, and did hone&s;tly demean him&s;elf therein.</HI></P>
<CLOSER><SIGNED>Har. Grim&s;tone.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="report">
<HEAD>Opinions about <HI>Pre&s;ines</HI> upon Alienation.</HEAD>
<P><HI>WHere the certainty appeareth what His Maje&s;ty's Duty is, the Commi&s;&s;ioners cannot abate thereof, having no &s;uch Power by their Commi&s;&s;ion. And in Ca&s;e the Method ob&s;erved by former Commi&s;&s;ioners, be found greatly to His Maje&s;ties prejudice, others more beneficial may be Law be pre&s;cribed.</HI></P>
<CLOSER><SIGNED>R. Sawyers</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="report">
<P><HI>IF His Maje&s;ties Duty be certain in it&s;elf, I cannot &s;ee how the Commi&s;&s;ioners can le&s;&s;en or abate it, without an Au|thority from the King: Every Per&s;on intru&s;ted in His Maje|&s;ties Revenue, is an&s;werable to His Maje&s;ty for the Execution of his Office, and by Suit in the Attorney-General's Name, being convicted of any Fraud, or wilful breach of Trust to His Maje&s;ties damage, is liable by Law to make the &s;ame good.</HI></P>
<CLOSER><SIGNED>Edw. Ward.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>King <HI>Charles</HI> the Second upon the afore&s;aid Opinions, which are, That he might legally grant the <HI>Green-Wax</HI> Fines, did <HI>Anno</HI> 30. of his Reign, Grant one Moiety thereof to the &s;aid <HI>Brunskell</HI> and others, at and under the yearly Rent of 250 <HI>l.</HI> for 31 Years: But the Lord Chief Ju&s;tice <HI>North</HI> prevailed to have a Clau&s;e in&s;erted, That it might be lawful for the King in Councel to re|voke the &s;ame upon due proof of any Inconvenience to the Crown thereby: And without any proof thereof, the &s;aid Grant was &s;oon after repre&s;ented illegal, and revoked: Now 'tis adjudged legal, and granted to the Right Honourable <HI>William</HI> Lord <HI>Pawlet.</HI></P>
<P>King <HI>Charles</HI> the Second upon the Revocation of the &s;aid Grant, gave the &s;aid <HI>Brunskell</HI> a Commi&s;&s;ioners place in the <HI>Alienation Office,</HI> and granted to him the <HI>Office of Surveyor of the Green-Wax Fines,</HI> but the Lord Chief Ju|&s;tice <HI>North</HI> and Officers, would not &s;uffer any Rules or Orders to be &s;etled to enable the &s;aid <HI>Brunskel</HI> duly to execute either of the &s;aid Offices, and did cut &s;hort and &s;top his Salaries till the King died; and the late King took away both the &s;aid Offices from the &s;aid <HI>Brunskell.</HI></P>
<P>Upon this happy Revolution, the &s;aid <HI>Brunskell</HI> peti|tioned to be re&s;tored; and upon Reference of his Peti|tion, with a State of the &s;aid Abu&s;es to the &s;aid Barons of their Maje&s;ties <HI>Exchequer,</HI> they Reported &s;everally, That the &s;aid <HI>Brunskell</HI> was a Per&s;on well qualified. And the Right Honourable Sir <HI>Robert Atkyns,</HI> more particu|larly Reported, who was one of the Judges in the <HI>Com|mon Pleas</HI> at the time of the &s;aid <HI>Brunskill</HI>'s Di&s;covery, and at every Hearing before his Maje&s;ty in the <HI>Trea&s;ury,</HI> Countenanced it while he continued Judge in the late Reign of the &s;aid King <HI>Charles</HI> the Second.</P>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="report">
<HEAD>Sir <HI>R<GAP DESC="illegible" REASON="missing" EXTENT="1 letter">bert Atkyns</HI>'s Report.</HEAD>
<P>I <HI>Find the Petitioner had formerly a Grant of the Office of Surveyor of the Green-Wax, and hath taken pains to inform him&s;elf in the Abu&s;es of that Revenue, and hath good Experience in the managing of that and the other Office mentioned in his Petition, and is every way qualified for them.</HI></P>
<CLOSER><DATELINE><DATE>24 May 1689.</DATE></DATELINE>
<SIGNED>Ro. Atkyns.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="report">
<HEAD>The Contents of a Certificate of Fifty Members of the late Parliament, upon peru&s;al of Mr. <HI>Brunskell</HI>'s Ca&s;e.</HEAD>
<P><HI>THat as the &s;aid</HI> Brunskell <HI>was placed in the &s;aid Of|<GAP DESC="illegible" REASON="faint" EXTENT="5 letters"> upon Merit, and removed by the late King, he ought in Ju&s;tice to be re&s;tored, as an Object of his Maje|&s;ties Bounty, and fitly qualified for the &s;aid Offices; and that an Application to Parliament is improper, unle&s;s he meet with Di&s;appointments.</HI></P>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="report">
<HEAD>The Duke of <HI>Bolton</HI>'s Certificate.</HEAD>
<P><HI>THe&s;e are to Certifie the Right Honourable the Lords Com|mi&s;&s;ioners of their Maje&s;ties Trea&s;ury, That the King hath graciou&s;ly promi&s;ed me to re&s;tore Mr.</HI> Brunskell <HI>to his Office of Surveyor of the Green-Wax Fines, and to his Com|mi&s;&s;ioners Place in the Alinaation Office.</HI></P>
<CLOSER><DATELINE><DATE>30 April 1689.</DATE></DATELINE>
<SIGNED>Bolton.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>The afore&s;aid Abu&s;es, Reports, Opinions, and Certifi|cates were duly pre&s;ented to the then Lords Commi&s;&s;io|ners of their Maje&s;ties Trea&s;ury, and many Petitions with the &s;ame annexed, for a Hearing, yet obtained it not till about the Twenty ninth of <HI>Septemb.</HI> la&s;t, when both Offices were di&s;po&s;ed of: And the pre&s;ent Lords Commi&s;|&s;ioners, a&s;&s;i&s;ted with the Right Honourable Sir <HI>Robert Atkyns,</HI> and their Maje&s;ties Attorney General, did think fit to have the &s;aid <HI>Brunskell</HI> make his Application to Par|liament, which he hath accordingly done.</P>
<P>The &s;aid <HI>Brunskell</HI> lo&s;t 300 <HI>l. per Annum,</HI> which he got by his Practice, before he made this Di&s;covery in <HI>October</HI> 1674. and had 60 <HI>l. per Annum</HI> in Fee, 500 <HI>l.</HI> in Money, and hath lo&s;t all, and contracted Debts upward of 2800 <HI>l.</HI> by the ill u&s;age he hath met with in the late Reigns, for making and pro&s;e<GAP DESC="illegible" REASON="blotted" EXTENT="1+ letters">ing the Di&s;covery how the ju&s;t Rights of the Crown, and the Liberties of the People, are inva|ded by Judges and Officers undue Practices, in di&s;charge of his Oath, which obliged him to maintain and defend the Kings and Peoples ju&s;t Rights, and di&s;cover what he knows to be done or &s;uffered, to the prejudice of ei|ther.</P>
<P><HI>Therefore the &s;aid</HI> Brunskell <HI>prays this Honourable Hou&s;e to Redre&s;s the Grievances, and Relieve him as to your Honours VVi&s;doms may &s;een meet and ju&s;t, That your Petitioners Suffering may not make good Men afraid to di&s;charge Oath and Duty, and ill Per&s;ons in Office wor&s;e.</HI></P>
<TRAILER>FINIS.</TRAILER>
</DIV2>
</DIV1>
</BODY>
</TEXT>
</EEBO>
</ETS>
