abscond to avoid being Arrested again whereby he cannot attend his Clients and their Business at proper Times and Places so that several have forsaken him and Employed others upon that Account and more have quitted him upon some Maliciously telling them That the said Brunskell is so much the Aversion of the Robe and Quill that his very appearing for Clients is enough to make them miscarry in their Business And now he is more and more Oppressed with the Cries and Tears of his Wife and Family for want of Necessaries so that his Case is harder for serving the Crown and People in the Faithful Discharge of Oath and Duty than if he had been Guilty of Enormous Crimes For Traytors have been pardoned and restored to their Estates by the Mercy and Bounty of the Government yet none Acts the part of the good Samaritan to him stript of Estate and Wounded in Reputation by such as make it their Business to discourage Obedience to Oaths the Essentials of Law and Government 'T was unavoidable necessity made the said Brunskell last Session Petition the House of Commons for an Address in his Behalf to His Majesty whereupon he was Referred to a Committee of Worthy Members not Blemished with the Bribery and Corruptions others have been Accused of And they came to these Resolutions which were Reported as follow The Committee having considered of the Fetition of Mr. Sabbati 20. Aprilis 1695. Report of the Committee Percivall Brunskell do find That the said Brunskell did in the Year 1674. Discover how the Crown was Wronged and Subjects Oppressed by many undue Practices proceeding from Buying and Selling Offices and Proposed how to Remedy the same And his Discoveries and Proposals were agreed to be Good Service and Worthy of a Reward It likewise appeared to the Committee That his Late Majesty King Charles the Second did Grant him the Office of Surveyor General of the Green-Wax Fines and a Commissioners Place in he Alienation-Office but he was soon after turned out of those Offices and received little Salary during his Continuance therein That the said Brunskell by Making and Prosecuting the said Discoveries hath lost his Practice being an Attorney and hath spent his Estate and Contracted great Debts and hath been a very great Sufferer ever since such Discovery That upon this Revolution His Present Majesty being Graciously inclined to restore him to the said Offices Referred his Case to the Consideration of the Barons of the Exchequer who Reported him a Person every way Qualified and Deserving the said Offices whereupon His Majesty Graciously Promised to Restore him to the said Places as appeared to the Committee by a Certificate under the Hand of his Grace the Duke of Bolton Vpon the whole matter the Committee thought fit to come to this Resolution Resolved That it is the Opinion of this Committee That the said Brunskell 's Services and Sufferings are Worthy the Consideration of this House Resolved also That this House be moved that an Humble Address be made to His Majesty That he would be Graciously pleased to take into His Princely Consideration the Services and Sufferings of the said Brunskell and Reward the same But it being Reported at the latter end of the Session when most Members were gone Home and such as were in Town being Busie about finding out their own Members suspected to be guilty of Bribery the House Agreed not with the Committee whereupon the said Brunskell as he was advised humbly Petitioned His Majesty for a 1000 l. to bring his Debts within the Compass of his own Relations And upon a Vacancy to be put into some good Employment wherein he may be Serviceable to His Majesty and Pay his Debts without being in the least Burthensome And His Majesty most Graciously received his Petition Petition to His Majesty Lodred in the Treasury and Lodged it with the Lords Commissioners of His Majesty's Treasury the Week before His Majesty went to Flanders and their Lordships have as the said Brunskell is told resolved to represent his Case and Condition to the King But as their Lordships are Great Bodies they move slowly And if Hope deferred makes the Heart sick delay being dangerous in most Cases may prove Fatal to the said Brunskell Languishing under the Oppression aforesaid An Humble Proposal to prevent Tumult Trouble and Charge in Elections of Members to serve in Parliament That such Persons as for the future stand to be Elected to serve in Parliament may give in their Names to the Sheriff or other Proper Officer _____ Days before the Election and that the Sheriff or other Proper Officer be obliged to proclaim their Names throughout his Shrievalry or Precinct and that every Candidate be obliged to Chuse Trustees and that a Trustee for every Candidate together with the Bailiff Constable or other Proper Officer in his Hundred Ward or Division go from House to House or appoint a certain Time and Place in every Parish to take the Voices of the Electors Qualified and make Return thereof duly to the Sheriff or other Proper Officer in the presence of such as the Candidates shall Chuse to be the Triers of the Election that the same may be duly declared according to the Majority of Voices And that every Candidate may be obliged not by himself or other to Feast or Treat any Elector or give or promise to give him any thing upon the Account of giving his Voice and that Elector may be obliged not to receive or take any thing by himself or other or to the like effect otherwise when Drink is in and Wit out Electors may be Corrupted to Sell their Voices and such Honest Gentlemen as will spend their Money freely will not Bribe as such as have Ill Designs will do An Humble Proposal to supply the Defects of the Laws against Buying and Selling Offices That a Registry may be kept of the Names of such as do Publick and Good Services and the Poorest sort of them to be provided for with Offices or Pensions according to their Services and Qualifications and the Richer Persons accordingly as soon as the Poor is taken Care of And when there is not any in the Registry Qualified for an Office Void that if Two or more be Competitors for it and it 's equal to the Government who have it that preference may be decided by Lot to prevent disobliging any and make but one or two of such as Abuse their Trust Examples of the Wisdom and Justice of the Government and all good People will Love and Honour it An Humble Proposal for having all Vacancies of Judges and Offices supplied with the most Learned and most Experienced Men of the Nation for a further supply of the Laws against Buying and Selling Offices That for the future upon the Vacancy of a Judge Attorney Solicitor General or other of the King's Council at Law the Inns of Court may in every of their respective Societies Elect one fit to succeed and His Majesty may out of their Elections make Choice of which he pleaseth to supply the Vacancies And when Offices in Courts of Law or Equity fall Void in Case no Person in the Registry of Person for Good Services be qualified for the same the Inns or Court and Chancery may in every of their respective Societies Elect a fit Person to succeed and out of their Choice His Majesty may make the Officer And the King's Attorney Solicitor General and His other Council at Law may be allowed certain and sufficient Salaries and be probibited to Practise or Plead in Causes between Party and Party and may be enjoined to Plead and Maintain Actions Popular Informations and Pleas of the Crown gratis that they may not be Byassed either for or against the Party Prosenting or Prosecuted And seeing the Law Books are 〈…〉 â—ll Authorities it is likewise Proposed That the King 's 〈…〉 Solicitor General and other Council at Law be set at work to Correct the Errors and Mistakes of the Law Books and Explain Doubtful Points and Expunge such Things as misguide Young Students Now for as much as the Monk that first Invented Guns 〈…〉 Souldier Printing and the Poor Friar Luther that first Exposed Popish Heresies are 〈◊〉 for their Services it may be hoped that this Government will not suffer the said Brunâ—kâ—il to Perish for being the First Discoverer of the Undue Practices in his Case set foâ—â—â— considering all to whom the same hath been referred have reported him Worthy of a Reward by reason as Oaths are the Commands of the Parents of the Law Obedience ought not to be Disputed for were Oaths pro forma taking them would not be required upon Pain of Incurring a Praemurire All agree that the said Brunskell is Arbitrarily Punished and Oppressed and none can say but that his Afflictions have rather Improved than Impaired him for Publick Service and a good Office will Cost the Government nothing If he Behave himself well therein and be Cherished for so doing it will make others follow his Example if he Misbehave himself he may be Convicted and Condignly Punished whereby others will receive Instructions so the Government will reap Benefit both ways And should not the Government Act the part of the good Samaritan having found the said Brunskell stript wounded and left more than half Dead by such as regard not Oaths the Essentials of Law and good Government It may be truly said That the Laws are Good their Intention Honourable but the Execution makes them Cobwebs for Foxes to break through and Fetters to Ensnare silly Flies FINIS
Legal Process of the Respective Courts so that the Subject is not vexed with any new way of Proceeding but Things run in their usual Channel Tho. Raymond Edm. Saunders John Sympson Sir William Williams Opinion being also Required he gave it as followeth I am of Opinion Sir William Williams Opinion the King may Legally Grant what is premised and such Grant in good Hands will be helpful to the Administration of Justice William Williams Then it was Objected That it was impracticable whereupon the Opinion of the Judges of Ireland were required who Certified That the Revenue of Green-Wax was managed by Farmers Certificate from Ireland and a Surveyor there Then the Late Earl of Anglesey's Opinion was Required who Certified I know very well Earl of Anglesey Lord Privy Seal's Opinion that this Grant will be for the Ease and Benefit of the Poorer sort of People who are Miserably Oppressed by the Exchequer-Officers which make them so opposite against their Oaths to the King 's making the Just and Merciful Advantage of this his Ancient Revenue of Green-Wax Anglesey C.P.S. Then the said Brunskell was Represented to have Misbehaved himself in the Rolls Chappel whereupon Sir Harbotle Grimstone then Master of the Rolls Certified I know Mr. Sir Harbotle Grimston's Certificate Brunskell to be a fit Person to be Imployed in His Majesty's Service for he was one of my Clerks in the Rolls Chappel which is an Office of great Trust and did Honestly Demean himself therein Har. Grimston Mr. Coates Certificate being Required he Certified I do Certifie That Mr. Percivall Brunskell was my Clerk Five Years Mr. Coates Certificate and his Father gave me 100 l. with him and he was a Sober Vertuous Studious Youth and so Diligent and Faithful that whereas I had a Hundred Pound with him I would give 100 l. for such another Jo. Coates Then the Grant of the Green-Wax Fines and Office of Surveyor was made to several Persons of Honour and the said Brunskell but before any Execution thereof it was Revoked And after long strugling the King Granted the said Office of Surveyor and also a Commissioners Place in the Alienation-Office to the said Brunskell But it was Objected He being no Gentleman was not qualified to sit with the other Commissioners in the Alienation-Office who were Honourable Persons Whereupon the King desiring to know the said Brunskell's Pedigree Sir William Dugdale Norroy at Arms Certified he was Well-descended of good Parents both by Father and Mother side and had a good Coat of Arms and Records were also produced whereby it appeared That his Father and Ancestors were Ancient Tenants in Capite Then the said Chief Justice North and the Commissioners in the Alienation-Office so Contrived the Matter that the said Brunskell was but One Commissioner of Five in the Alienation-Office and Three made the Querum and the Judges refusing to make Orders to Subject their Officers to yield Obedience to the King's Grant nothing could be done Then the Old Commissioners in the Alienation Office justified their Authority to Abate of the Duty whereupon the Opinions of Sir Robert Sawyer and Mr. Ward now Lord Chief Barons were desired which are as follow Where the Certainty of the Duty appeareth Sir Robert Sawyer's Opinion the Commissioners cannot Abate thereof having no such Power by their Commission And in Case the Method observed by former Commissioners be greatly to His Majesty's Prejudice others more Beneficial may by Law be prescribed Robert Sawyer If His Majesty's Duty be Certain in it self Mr. Ward now Sir Edward and Lord 〈…〉 I cannot see how the Commissioners can Lessen or Abate it without an Authority from the King Every Person Intrusted in His Majesty's Revenue is Answerable to His Majesty for the Execution of his Office and by Suit in the Attorney Generals Name being Convicted of any Fraud or wilful Breach of Trust to His Majesty's Damage is liable by Law to make the same good Edward Ward After this a Hearing before the King in Council was appointed about settling Rules and Orders for the better Management of the several Duties and Redress of the said Abuses But the Judges opposing and the Charter of London and other Matters being at the same time upon the Stage wherein the Judges were thought useful nothing was ordered or settled Then great Endeavours were used to have the said Brunskell removed but not prevailing with the King to displace him the Lord Chief Justice North caused the said Brunskell's Salaties to be stopt whereupon he Printed a Book Dedicated to the King and therein set out how Cruelly he had been Abused with Heatings and Rehearings References Reports Attendance and Dependance and how often he had been Attempted to be Murdered and how narrowly he had escaped and what Debts he had Contracted besides what Damage he had sustained by the Loss of his Practice and the Expence of his own Estate for Discharge of Oath and Duty and Vindicated his Discovery and Proposals with so much clearness that King Charles the Second was pleased to say The said Brunskell 's Salaries should be paid and that he should soon be Liberally Rewarded and provided for and that it should not be in the Power of the Judges and Officers to Hurt him or Rob him of His Majesty's Bounty But the King dying suddenly soon after nothing was done Upon the Late King's Access to the Crown both the said Offices were granted away Upon this Revolution the said Brunskell Petitioned His Now Majesty for the said Office of Surveyor of the Green-Wax Fines and a Commissioners Place in the Alienation-Office and was referred to the Barons of the Exchequer who Reported That the said Brunskell was well Experienced Lord Chief Baron Sir Ro. Atkins c. and every way well-qualified for the said Offices and had taken great Pains to find out Abuses and Deserved the said Offices And Fifty Members of the Convention Parliament Certified Certificate of the Convention Parliament That the said Brunskell was a fit Object of His Majesty's Bounty and deserved the said Offices But Relations to Persons in great Power being Competitors for the said Offices leaped over Reports Caveats and what not whereupon the said Brunskell Petitioned for a Hearing either before His Majesty in Council or in the Treasury Chamber but obtained no Hearing Then the said Brunskell humbly proposed how Proposal and which way His Majesty might Get and Save Three Hundred Thousand Pounds per Annum and Ease his People of so much and as much more Yearly and desired leave to make good his Proposals 29 Sept. 169◠And by His Majesty's Appointment obtained a Hearing in the Treasury Chamber before the then Lords Commissioners Lord Chief Baron Atkins and Sir George Treby then Attorney General and maintained his Proposals as followeth The People of England after long Experience of several Kings with separate Interests were no sooner Happy under the Government of one but unanimously Endowed the
22. 1 Jac. 2. 2 Will. Maâ—iâ—â— And if those Laws were duly observed moderately computing what peaceable Subjects will save thereby in Suits and His Majesty get and save when such as disturb His Majesty or His People are Condignly Punished The Benefit and Advantage to His Majesty and His People together with what His Majesty may make of Offices will far exceed the Yearly Profit and Advantages Proposed to His Majesty After the said Brunskell had made out his Proposals as aforesaid and made their Lordships sensible of his great Sufferings for his Faithful Discharge of Oath and Duty their Lordships caused him to be minuted in the treasury-Treasury-book to be put into the Alienation-Office for his present Subsistence and directed him to make his Application to Parliament upon his Proposals The said Brunskell as directed made diligent Application to the House of Commons and was Referred to a Committee who came to several Resolutions which they Reported and are as follow Vpon Consideration of Mr. Percivall Brunskell 's Petition to us Referred Resolutions of Committee of the House of Commons Reported Dec. 10â— It is the Opinion of this Committee That the Laws against Buying and Selling Offices are deficient Resolved That the House be moved for leave to bring in a Bill against Buying and Selling Offices Resolved That the House be moved for leave to bring in a Bill to Ascertain the Fees of Officers Attorneys Clerks and Solicitors Resolved Also that the House be moved for leave to bring in a Bill That His Majesty as Offices become Void may have the First Years Profits payable in Two Years time That the said Brunskell 's Case be laid before the House whereby it appeared That he had lost his Practice which Loss upward of Twenty One Years at 300 l. per Annum doth amount to 6300 l. And as he was in a Hopeful Way of Increasing in his Business the Loss may be computed to be mach greater Also that he had Expended his own Estate 1500 l. which with Simple Interesst or 14 Years amounted to 2760 l. and his Debts Contracted now exceed 3000 l. by Reason they Increase 80 l. per Annum for want of something to pay off either Principal or Interest so that his Real Loss and Damage exceeds 12060 l. And it also appeared how narrowly he escaped being Murdered and other Hardships as therein set out for no Cause at all but for making Discoveries of undue Practices in Discharge of Oaths by Law Established which admit of no Construction Geruine Sense or Meaning but what he put upon them Whereupon the House of Commons Agreed with the Committee to the First and Second Resolutions with some Amendments and some Debate arising upon the Third Resolution preceeding his Case It was Adjourned and before the Day to which the same was Adjourned the House broke up As soon as the Session was ended the said Brunskell humbly Petitioned for the Offices he had formerly or an Equivolent and his Petition was Referred to the Consideration of the said Late Lord Chief Baron Sir Robert Atkins who Reported as he had done before That the said Brunskell was Well experienced Lord Chief Barons Second Report and every way Well-qualified for the said Offices and deserved a Reward for Discovering such Abuses as will greatly Increase His Majesty's Glory to Redress and that His Majesty hath Ways and Means enough to Reward the said Brunskell without disobliging any Upon this Report His Majesty Graciously signified His Pleasure by the Right Honourable the Earl of Rumney to the then Lords Commissioners of His Treasury to Consider of the said Petition and Report and to Report their Lordships Opinion thereon to His Majesty what was fit to be done for the Petitioners Gratification But their Lordships made not any Report to His Majesty And although the said Brunskell Petitioned several times after for Offices of Profit as they became Void wherein he might have been Serviceable to His Majesty and Pay his Debts without being Burthensome to His Majesty or disobliging any And altho' His Majesty most Graciously lodged all his Petitions with His Majesty's Proper Ministers yet while he lay Crippled at the Pool others stept in The several Lawe made after the said Brunskell's Case was upon the Report of the Committee laid before the House of Commons which visibly Redress Abuses therein set forth are as follows An Act to take Special Bail in the Country An Act to prevent Malicious Informations An Act for delivering Declarations to Prisoners An Act for Reviving several Laws among the rest the Law for the better Recovery of Fines Forfeitures Issues and Amerciaments An Act for Rectifying Proceedings in the Crown-Office and Reversing Outlawries by Attorney in the King 's Bench. An Act for the better Discovery of Judgments An Act to Rectifie Proceedings at Quarter Sessions of the Peace An Act to Take away Process of Capiatus which expresly provides That His Majesty's Duty called Capias pro Fine shall be paid as the said Brunskell Proposed The said Laws plainly shew That the Government hath made use of the said Brunskell's Discoveries and may at leisure make use of the rest as hath been done for good things proposed seldom are forgotten The said Brunskell together with one Fabian Phillips Esq Further Services did formerly propose a Paper Tax which was a Shoeing-horn to the Act lately made for laying a Duty upon Vellom and Parchment as well as Paper For that reason the said Brunskell was an Early Petitioner for a Commissioners Place but obtained nothing save an Imployment to Inspect His Majesty's Upper Bench and Offices to see His Duties Answered with no more Fee Profit or Perquisite than 20 l. per Annum which will but barely pay for his own and Families Sleeping-rooms And an Ungrateful Office and Small Salary suites ill with all Persons under the said Brunskell's Circumstances by reason the generality of Mankind desires to be freed from Duties and few Honest Men love to be inspected and Ill Men cannot endure it The said Brunskell was also Instrumental to promote the Late Act for laying a Duty upon Births Burials and Marriages Further Services as the Right Honourable Mr. Mountague and several Worthy Members may remember on whom the said Brunskell waited with Proposals And the said Brunskell is so far from obtaining a Reward that the great Losses he hath sustained upon Account of his Services are in no measure Compensated or Repaired whereupon the said Brunskell betook himself to Practice for Subsistance and was fallen a little into Business Yet he had no sooner obtained the said Poor Office of Inspection but some out of Malice told his Creditors That the Employment was better than 500 l. per Annum to him and that he was in a Condition to pay them whereupon some Creditors Arrested him and had not a Merchant and Client given Security for the Debt being near a 100 l. he had Starved in Goal now he is out he is forced to