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-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
A BRIEF VINDICATION OF Mr. Percivall Brunskell's CASE With an Account of Twenty One Years most Remarkable Passages LONDON Printed in the Year 1695. To the Honourable the Knights Citizens and Burgesses in Parliament Assembled The Humble Petition of Percivall Brunskell Gent. Sheweth THAT King Charles the Second and his Now Majesty were Bountifully Inclined to Your Petitioner but such as were Intrusted to fulfil Their Majesties Pleasure neglected your Petitioner And your Petitioner being sent to Parliament his Case with the Committees Resolutions thereon and the Reports Opinions and Certificates of Learned Men in the Late Reigns and This Representing your Petitioner Worthy of Reward were laid before the Late House 27 December 1690. And several Laws are since Made and others have been on the Stage for Redress of Abuses particularly set forth in your Petitioner's Case And Last Session your Petitioner's Case was Re-Examined and Reported worthy the Consideration of the House and the Honourable Committee Resolved and Reported their Resolutions That the 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 your Petitioner and Reward the same But the Report being made the 20th Day of April last just at the ending of the Session and when the House was Busily Employed to find out Persons suspected to be Guilty of Bribery the Sad Effects of Buying and Selling Offices and Places of Trust and Profit to which all Miscarriages by Sea and Land may be imputed Your Petitioner was dropt and remains a poor Petitioner stript of all his own Estate and Practice plunged 3000 l. in Debt which Increaseth every Year 180 l. for want of Something to pay off either Principal or Interest and is forced to Abscond so that he cannot work for his own and Families Subsistence and hath gotten Nothing after Long Attendance and Dependance but what will not pay off Tradesmen to give him Credit for his own and Families Necessaries And tho' Offices become Void daily wherein your Petitioner may be Serviceable to His Majesty and His People and Pay Debts and make Provision for himself and Family And although all that Love and Honour His Majesty Agree That your Petitioner's Afflictions have rather Improved than Impaired him for the Service of the Government yet your Petitioner is neglected whereby his Oppression is greater than Tongue or Pen can express Now for as much as all in such Imployments as your Petitioner was in are obliged to take Oaths which enjoin them to make Discoveries and Proposals for the Service of the Publick as your Petitioner hath done Oaths being all the Security the People have That the Laws shall be duly and impartially Executed without which the People cannot be Maintained and Defended in their Rights Liberties and Properties Your Petitioner hopes that the Parents of the Law will not suffer him to Languish under Oppression for obeying Lawful Commands Your Petitioner therefore most Humbly prays this Honourable House to take his Sad and Deplorable Case into Consideration That he may be Relieved as to your Honours may seem Meet and Just And your Petitioner as in Duty bound shall Ever Pray c. To the KING 's Most Excellent Majesty May it Please Your Majesty THE Wisdom of our Laws give Your Majesty the Style and Title of the Father of Your Kingdoms The Patron and Protector of the Church and State The Fountain of Justice and Supream Chancellor to do what is Equal Just and Right for Abating the Rigour and Supplying the Defects of the Laws to make them Answer their true End for the Honour Comfort and Benefit of Your Majesty and Your People And the Law deems such Enemies to God and Your Majesty as refuse to take or observe not Oaths Established which require no more of them than what they by their Vow in Baptism are obliged to perform And when I call to Mind the many Dangers both by Sea and Land to which Your Majesty's Sacred Person hath been so often Exposed it troubles me that my Early Proposals were not Accomplished for Your Majesty's Service yet as it was the Widows Mind made her Mite Acceptable I hope Your Majesty will Graciously Accept my Good Will for the Early Redress of such Undue Practices as All that Truly Loved and Honoured Your Majesty Agreed and some Reported under their Hands had been a great Increase of Your Majesty's Glory to Accomplish And now the Good Success God by Your Majesty's Wisdom Courage and Conduct hath given to Your Majesty's Arms against the Common Enemy of all Christendom Enlivens me with Hopes That Your Majesty may now speedily Accomplish the Happy Settlement of Your Majesty's Administration at Home That Your People may be United in Brotherly Love and Charity as they were when Your Royal Predecessors Subdued their Enemies and Conquered France And if my Experience contribute any thing to a Happy Settlement I have my wished Ends not Doubting but Your Majesty of Your Immense Bounty and Goodness will Graciously Relieve Your Majesty 's Ever Loyal Ever Dutiful and Most Oppressed Subject Percivall Brunskell To the Right Honourable the Lords of His Majesty's Most Honourable Privy Councel May it please Your Lordships REcords shew That His Majesty's Royal Predecessors were ever best served and their Subjects most pleased when even Right was done to Poor and Rich and their Poorest Petitioners for Good Services were taken care of in the first place and none of them put to their Appeal to Parliament or their Dernier Resort as the French term it in any Case where their Majesty's as Supream Chancellors of England could in the Intervals of Parliament supply the defects of the Laws by force of the Statute 13 Edw. 1. Cap. 50. or by their Prerogative which being exercised with due Regard to their Coronation Oaths was ever accounted the most Essential part of the Law and Good Government As for instance King Edw. III. advanced such as did most Excel others in Innocency of Life and declared That he was bound by his Oath and Good Conscience to maintain the Laws and for the better Execution thereof several Laws were made in the 20th Year of his Reign which for the usefulness thereof remains in force at this Day and he Reigned prosperously Fifty Years and Four Months And Hen. IV. applauded the Judge for his Courage and Justice that Committed his Son to Prison for his Offences and was so Just and Merciful that his People intirely Loved him and he writ to the Pope That Heresies in Church and State were to be imputed to the Sloth and Negligence of Christian Princes whose Clergy either out of Fear or Avarice nourished the Heresies And he Subdued his Enemies at Home and Abroad and advised his Son that was to Succeed him To do even Justice to all without delay and in no wise to suffer the Oppressed long to call of him for Redress but to Relieve them instantly by reason the
People of England were Stout and True-hearted if Rich and Justly dealt with and Religiously Governed but if Oppressed they would Rebel and his way to be Great was to Suppress Vice and Encourage Virtue And his Son Hen. V. following his Father's Advice advanced the Judge that did punish him Subdued the Scots took their King Prisoner and Conquered France And Queen Elizabeth being told That one Carwarden had presented several Petitions to her Majesty praying her Majesty to hear how he had been Oppressed for Discovering Abuses in her Majesty's Customs but obtained no Answer her Majesty answered He should be heard But some of the great Officers disswaded her Majesty pretending the said Carwarden to be a Poor Impertinent Projecting Fellow and that hearing him would occasion others to be as Troublesome to her Majesty whereupon her Majesty replied As he was Poor she was more bound to do him Justice and his being a Projector was a sign he had Brains and she and her Council could Judge of his Business and if he was Impertinent she knew how to Correct him And upon a hearing finding his Discoveries solid and true advanced him to a Place of 800 l. per Annum and his Sons after him Enjoyed the same to the Restauration of King Charles II. and her Majesty Reigned Forty four Years and four Months happily And King James I. did the like to one Mr. Vernon upon his Discovery of Abuses in his Majesty's Court of Exchequer And as these Kings and Queens are Chronicled for their Wisdom and Justice so the Folly of others is Recorded that After-ages may know what to eschew or imitate Therefore as I was a Record-keeper and am bound by Oath to be as Serviceable as I may or can be in my particular Calling or Profession I hope Your Lordships will pardon me for Communicating my Experience to Your Lordships who may Improve the same for His Majesty's Service And though my own Case may be no way pleasing to some yet as I am a Christian I desire that such things as I have Suffered for Discharge of Oath and Duty may for the future be prevented for the Common Good and Benefit of my King and Countrey That Oaths the Essentials of Law and Good Government may have their wished Effects so that Present and After-ages may proclaim his Majesty's Glory and the great Wisdom and fustice of His Majesty and his Councils to the Worlds end all which is the Hearty Desire of Your Lordships Most Dutiful Humble and Obedient Servant Percival Brunskell TO THE High Court of PARLIAMENT May it Please Your Lordships and Your Honours THE Wisdom of the Law soon after the Conversion of England to the Christian Faith Established Oaths enjoining Officers upon Pain of Temporal Punishment to do what they are obliged by their Vow in Baptism to do upon Pain of Eternal Punishment And Indulgences and Dispensations were not Countenanced by Publick Authority and Practised but when the Imperial Crown was under the Yoak of the Pope's Usuped Supremacy wherefore no sooner was Popery Banished but to hinder its return it was provided by a Law (a) 5 and 6 Edw. 6.16 That none but Persons worthy and meet should be advanced to Offices and further provided by several Laws (b) 1 Eliz. 1. 3 Jac. 1. cap. 4. 7 Jac 1. cap. 5. That none should be admitted to Ofsices but such as besides the usual Oaths would Abjure the Pope's Supremacy and all Forreign Jurisdiction And so late as in the 13th Year of King James the First (c) Inst 1 p. f. 234. Judgment was given against some in the King's Houshold That had incurred the Penalties of the Laws against Buying and Selling Offices and it was adjudged (d) Inst 3 p. f. 148. Bribery in Judges to Sell Offices also declared (e) 1 p. 234. That Justice will never be Administred until that Golden Law 12 Rich. 2. Cap. 2. be observed in having Persons for their Services Rewarded and none advanced to Offices for Money Brocage Favour or Affection because if Money the Root of all Evil advance Men to Offices Bribery Extortion and what not will put out the Eyes of Justice And if Favour or Affection give preference Partiality will make Justice Deaf Dim-sighted and Dull of Understanding 21 Jac. 1. cap. 3. And Monopolizers of Useful Discoveries and Projections were suppress'd to Encourage Men of Wit and Parts to employ their Talents for the Benefit of themselves and the Publick But as soon as the Judges Dispensed with the Statute 12 Rich. 2. Cap. 2. Others by their Example did the like whereby Wards and their Estates became a prey to Ill Officers and worse Guardians And Petitioners for Redress of Grievances or Reward of Services danced Attendance like Mordecai at the Palace Gates and Judges and Officers made the Laws speak no Language but what they pleased until one Oppression upon the Neck of another occasioned the Never-to-be-forgotten Rebellion in Anno 1641. And ever since our Annals have been stuffed up with Acts of Oblivion and Pardons and so little mention made of any Restitution to Persons wronged or Reward given to any for Good Services that Oaths the Essentials of Law and Good Government benefited few but such as Dispensed therewith And now the Imperial Crown is placed with all its Endowments upon His Majesty's Sacred Head Oaths are still in force to oblige all in such Offices as I was in to make Discoveries and Proposals for the Service of the Crown and People as I have done upon that Consideration All to whom my Case hath been referred have Reported me worthy of a Reward and His Majesty was Bountifully inclined to me But some of the Persons Intrusted to fulfil His Majesty's Pleasure Robbed me of His Majesty's intended Bounty and Cloathed their own Relations 29 Sept. 1690. Vide Report of Committee and Votes 27 Dec. 1690. The Acts since passed or Purchasers therewith and I was directed to make my Discoveries and Proposals to Parliament and the same was so well Received and Approved on that some part thereof is made use of and the rest may at Pleasure be Accomplished for the Service of the Publick Yet the House of Commons last Sessions did not Agree with the Committee for an Address in my behalf to His Majesty by Reason the Report of the Committee was made to the House at the latter end of the Session when most of the Members were gone Home and such as were present were so busily employed to make Discoveries of their own Members suspected to be Guilty of Bribery the sad Effects of Buying and Selling Places of Trust that no Report was made of me or my Case to the King and His Majesty knowing few Persons or their Services but by Report and wanting Time to Read my Case I remain a Petitioner stript of Estate and Practice plunged deep in Debt deprived of Liberty and Property afflicted with Creditors Abroad and with the Cries and Tears of a Distressed Wife and
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