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cause_n action_n defendant_n plaintiff_n 3,071 5 10.8111 5 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A77719 Mr. Brunskell's case and proposals Brunskell, Percivall, 17th cent. 1690 (1690) Wing B5236; ESTC R205837 10,341 4

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not be easily detected Now were it so settled That Presentments were made by the two Universities yearly of the Names of Parsons qualified pro Cura Animarum according to their Merit and Seniorities of standing and were such Presentments returned to and registred in the Petty-Bagg-Office in Chancery and were Parsons preferred by the King and others accordingly as they are orderly set down in such Presentments and promoted ligher as better Benefices fall in Case their Demeanours after such Presentment made render them qualified or such further Promotion And were the King and such as have right of Presentation to take the next Parson as he stands orderly in the first presentment it would nake the Law effectual for remedy of the Evils thee by intended to be redressed and were every Parson Obliged upon Oath to Accompt for and pay the Kings real Duty out of and according to what Rents Issues and Profits he actually hath and receiveth First Fruits would be a great Revenue to the Crown What difference is there between the King 's disposing of Offices Quaere as proposed and his Ministers selling The Officers made by the King Answer as proposed run no hazard in Case of Death or Removal and Men of Merit without Money will be sure of Imployments whereby the Government will flourish But these Evils attend Great Ministers Selling and Disposing of Offices First The Officers give ready Money who often making too much haste to re-imburse themselves ruin divers Families Secondly Persons who have no Qualifications but Money will give most for Offices of Profit And such as have ill Designs will do the like for the Places of greatest Trust to discover Secrets and betray Trusts So by the Ignorance of one and Dishonesty of the other the Government is ruined Thirdly While Ministers have the Disposition of Offices they will prefer Relations or such as gratifie them in what suits most with their Temper who cannot attribute their Indearment to the Kings Bounty or any Merit but their Money or great Mens favours Fourthly All or most Officers undue practices hereafter set down by way of Abuses and the Judges hindring the same to be redressed as is proposed under every Head or otherwise in the late Reigns did proceed from Buying and Selling Offices or their disposing thereof to Men of no Merit against the Laws of the Land Abuses discovered to R. Charles the Second which shew how the King is wronged and Subjects oppressed by the Mismanagement of His Ancient Casual Revenue THat Officers take their own and Judges Fees upon signing Proceedings whereon the King's Duty arise 1 Abuse and leave Attorneys to Record them when and as they please whereby the King often loseth his Duties and many Subjects and their Families have been ruined by loss of their Judgments or forced to pay for Post-Rolls which are very chargeable That Process be not signed or suffered to issue out Remedy till an Incipitur thereof or the Process at large be duly Recorded Officers Out-law many for the King's Duty called 2 Abuse Capias per fine which in many Cases is but 6 s. 8 d. whereby they get at least 10 l. in the King's Benth and 3 or 4 l. in the common-Pleas and render no Account into the Exchecquer of the Duties received and taken for the King That as Officers added their own Profit called Damage-clear Remedy to Suitors Costs because the Statute 23 Hen. 8. cap. 15. impowreth Costs to be taxed discretionally so the King's Fines may be added to Suitors Costs and Under-Sheriffs upon levying thereof may be made to accompt and pay the King's share as they did the Officers Damage-clear That Officers for Eribes spare Jurors 3 Abuse whereby the principal Pannels are supplied with By-standers too often attending to serve the base Ends and Designs of Litigious Suitors And Freeholders now dance Attendance upon old Causes which is very grievous if they live remote from Assizes or Sessions That Officers spare not any Jurors Remedy without the Judges Orders recorded and that the Freeholders may serve in ●●●●s and not attend old Causes unless it be where a Special Jury is setled by Order of Court The King is wrong'd of great Sums of Money yearly 4 Abuse upon Actions and Informations Qui tan per Dom. Rege by private Agreements between Attorneys and their Clients and smothering Proceedings That the Statute 18 Eliz. cap. 5. be observed Many Fines and Amercements accruing to the King by Officers Contempt Non-execution Remedy 5 Abuse or Mis-execution of Process Rules or Orders and for other Offences by them committed and never recorded whereby Suits are retarded and Process multiplied to the great increase of Officers Profits and intolerable trouble and charge of the Party grieved who by that means often expend more than the value of the Thing in suit That every Contempt Remedy or other Offence committed may be recorded without delay and the Officer or Attorney offending expelled the Court if he does not pay the Fine or Amercement into the Exchecquer at a day to be assigned by the Court wherein the Offence is committed That Under-Sheriffs for lucre assign over Defendants Bail Bonds to the Plantiff to sue 6 Abuse which by the Statute 22 Hen. 6. cap. 10. are entred into only to indempnifie Sheriffs from the King's Fines Quia non habuerunt Corpora and the Plantiffs are permitted to sue the same in the Sheriff's Name before the Sheriffs are damnified and the Defendants having only Comperuit ad diem to plead thereto are forced to comply with their Adversaries vexatious Demands especially when the Original Actions by contrivance between Attorneys and Clients are laid so litigiously high that Defendants living remote from London cannot find Bail and the Officer and Under-Sheriff by Combination often deceives the King of his Fines or Amercement That Under-Sheriffs may make no other use of the Defendants Bail-bond Remedy than to indempnifie themselves from the King's Fines for the Defendant's Non-appearance and that such Bonds be delivered up and cancelled upon the Defendant's paying the Fine and the Damage which the Sheriff's may reasonably sustain upon that account And that Plantiff's making great Demands may at the Defendant's Request be compelled to give the Court satisfaction of the reality of their Cause of Action That Plantiffs in Case Vexation appear may be fined pro falso clamore and Defendants admitted to reasonable Bail as they ought to be and that the said Fines may be duly Estreated and Recorded as they ought to be That Judges and Officers cannot legally alter the Original Process of Courts 7 Abuse without Authority of Parliament as resolved Cooke's Inst part 1. sect 101. Bracton l. 5. fol 413. Lritton 122. 227. Fleta lib. 2. Yet the Judges have of late Years made great Alterations by Ac Etiam Bille casual Ejectors and the like And one Court interferes with another in business against express Acts of