paying what the Sheriff is really Damnified and the Plaintiffs full Costs may be admitted to give Bail to the Original Action and Try it Abuse 6 That the King's Duty upon Original Writs by the Contrivance of Ac Etiam Bill in the Common Pleas is not paid as it ought to be And Litigious Plaintiffs lay their Demands as high as they please to hold Defendants to unreasonable Bail and some that live remote from the Courts at Westminster being unable to give special Bail before a Judge are forced to comply with Plaintiffs unreasonable Demands or suffer long Imprisonment Remedy That the Duty be paid upon Original Writs as it ought to be and that Plantiffs find Sureties that their Demands exceed not their real Cause of Action as Anciently they did to Answer the Amerciament pro falso Clamore Abuse 7 That Sheriffs Dispence with the Statute 13 Edw. 1. Cap. 39. and Wrong the King of Fines and Forfeitures by Returning Debtors to be in Liberties and Franchises which be not and Charging the King with Wages for such Justices of Peace and their Men as did not attend at Assizes and Sessions Remedy That the Boundaries or Extent of all Liberties and Franchises as well as a Particular of all Royalties Claimed therein may be Recorded in the Exchequer in distinct Rolls for every County And that Bailiffs make Oath before some Magistrate That their Returns and Accompts of Fines Forfeitures Issues and Amerciaments are true and deliver the same so Attested to the Sheriffs And that the Sheriffs produce the same to Accompt by in the Exchequer and make Oath That they are the same unaltered Also that Wages are not Charged for any Justice of Peace or his Men but such as Actually Attended at Assizes and Sessions Abuse 8 That Officers for Bribes Discharge Criminals of Recognizances Forfeited to avoid Tryal and Wrong the King by making easie Compositions upon wrong Suggestions or drain the King's Debtors with false Returns and Respites until they be Insolvent whereby they their Wives and Children become Burthensome to the Parishes they live in or make many of them so Poor That the King gets not above 5 s. of a Real Debt of 40 l. Remedy That all Recognizances Forfeitures Issues Fines and Amerciaments may be duly Certified into the Exchequer And that the Suggestions or Grounds of every Composition be duly Recorded Abuse 9 That the King's Duty of Prae Fine is certain viz. 10 l. for every 100 l. per Annum contained in Writs of Covenant and Entry And the Commissioners make Rent Charges and Annuities though but Estates for Life pay full Duty yet Abate of Estates in Fee 7 8 or 9 l. in every Duty of 10 l. more or less by Certifying the Annual Values to be as they please and shewing more Favour to one than to another so that the Persons most favoured may attribute it to the Commissioners Kindness but cannot ascribe it to the Bounty or Goodness of the King Remedy That the Commissioners may administer Oaths as they ought to do for the Ascertaining the Annual Value of every Estate in Fee contained in every Writ and may be Impowered to Abate one half or any other certain part of the Real Duty and be enjoined to distribute His Majesty's Bounty equally and impartially by Rating all Subjects accordingly And may also Certifie the same so done by the King 's special Grace and Bounty then the King will have the Grateful Acknowledgments of his Subjects for what 's Abated Abuse 10 That many Thousand Families have been undone by Officers and Attorneys Exactions Remedy That an Exact Table of Fees be hung up in every Court and Office Abuse 11 That Offices are Bought and Sold under the Umbrage of the Proviso in the Statute 5 and 6 Edw. 6. Cap. 16. which Proviso is Misconstrued For the Reservation is but for the Chief Justices to do as they might have done formerly 18 and 20 Ed. 3. 12 Rich. 2. cap. 2. and by former Laws not Repealed they are Prohibited expresly to Sell Offices But the King may make a Revenue thereof yet doth not That the Statute 12 Rich. 2. Cap. 2. be observed and that the King take a full Years Profits payable in Two Years time as the First-fruits of Spiritual Livings are paid Attorney General North 's Reports Oct. 1674. Attorney General North's Report Oct. 1674. That the Small Fines and Amerciaments in all Courts are wholly neglected which if Carefully looked after will be of a Considerable Value and the said Brunskell deserves an Imployment therein for so useful a Discovery Francis North. His Opinion Afterward That he was glad of the Opportunity so to Report because he had often moved the Judges to take Care of Fines and Amerciaments And it was needful to Appoint a fit Person to Controul the Officers who Pocket His Majesty's Profits North being made Chief Justice of the Common Pleas Retracted his Reports because his Officers Claimed part of the Fines as their Perquisites That all the Fines and Amerciaments of Right belong to the King Sir Ch. Harboard's Report upon a full Hearing Ch. Harboard Then the Revenue arising by Fines Forfeitures Issues and Amerciaments being Represented to be of Small Yearly Value Certificate from the Pipe-Office and not worth the King's Care the said Brunskell prevailed with the Honourable Sir Francis Compton to get a Certificate from the Pipe-Office of the Value of the Green-Wax Fines brought to Accompt whereby it appeared That of 57000 l. Yearly Estreated and Returned into the Exchequer so many were Nichelled that the King got not above 500 l. per Annum Attorney General Jones Report upon the State of Abuses and Remedies That many of the Abuses are true and fit to be Redressed and all Sir VVilliam Jones Report or the greatest part may be Remedied by the Judges Orders and the Discoverer deserveth the Assurance of a Liberal Reward for the Service he hath done and may for the future do in discovering these and the like Abuses William Jones Sir William Jones being Removed the same State of Abuses and Remedies were Referred to Sir Robert Sawyer Attorney General who Reported That Great Abuses are Practised and it 's fit such Rules be made Sir Robert Sawyer's Attorney General 's Report that the King may not be injured And the Orders Proposed seem reasonable in the main to Remedy them Robert Sawyer Upon the aforesaid Reports Opinions and Certificates the Late King Charles the Second was Inclined to Grant to the said Brunskell the Office of Surveyor of the Green-Wax Fines But the Form of the Grant of the Green-Wax Fines could not of a long while be settled until Mr. Saunders afterward Lord Chief Justice Mr. Serjeant Raymond afterward a Judge and Serjeant Sympson made and certified the Draught of a Grant as followeth That a Grant Saunder's Raymond and Sympson's Opinions pursuant to this Draught is Legal in Regard all the Money is Actually brought in by the 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
Crown with the Sole Disposition of Honours and Offices of Profit and with Power to Reward and Punish And when in Times of Usurpation several Ancient Prerogatives and Antiquities of Justice were severed by Grants from the Crown the People found themselves so greatly Oppressed by Men of Private Interest that no sooner was the Popes Usurped Supremacy shaken off 27 Hen. 8. cap. 24. But the Authorities of Justice and the Ancient Prerogatives so severed were reunited to the Crown by Act of Parliament And as His Majesty is the Fountain of Justice as well as Patron and Protector of the Church And as Offices as well as Benefices are Donative And as Offices are incident and originally Instituted to support the Administration which is inseparably United and Annexed to the Imperial Crown and Dignity His Majesty may reasonably make such Profit of Temporal Offices as His Majesty doth or ought to make of Spiritual Benefices And Acts of Parliament impowering any to do (a) Dyer 225. Hob. Rep. 146. what His Majesty hath Right to do shall not bar His Majesty from doing it because such Acts were intended to Ease His Majesty of Labour not to deprive His Majesty of His Power or Prerogative which is the most Essential part (b) Instit 1 p. f. 119. 2 p. 436. of the Laws of England The Construction which is made of the Proviso in the Statute 5 and 6 Edw. 6. for the Judges to Sell Offices is Repugnant to what the Act intended to remedy and (a) Cook 's Reports Alton Wood 's Case Plow Com. 561. Dyer 231. 313 1 Instit 381. void but the words are only That they may do as formerly and by the Statute 12 Rich. 2. Cap. 2. and 18. and 20 Edw. 3. they are Prohibited to take Money for Offices Fee or ought of Profit of any but the King For that reason former Judges until the Rebellion in 1641. unhinged the Government (b) Inst 3 p. f. 145 148. did hold and adjudge it Bribery for any in Judicial Office to Sell Offices or take Money Fee or Gift or ought of Value of any but the King And it 's the Opinion of a Learned Judge (a) Co. Inst f. 234. That Justice will never be Administred until the Golden Law 12 Rich. 2. Cap. 2. be observed which provides That such as have the Ordaining Naming or Making of any Officer under the King shall not do it for Money 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 on give preference Partiality will make Justice Deaf Dim-sighted and Dull of Understanding King Henry VIII Granted the Disposition of Felons Goods to his Almoner and without taking any notice of the Grant to his Almoner Granted divers Felons Goods to one Hales The Almoner disputed his Right yet the Grant (a) 〈◊〉 Rep. Alton wood 's Case to Hales was adjudged good against the Almoner because the Almoner was only a Minister in Trust for the King So the Office of Master of the Rolls (b) Institutes 3 part fol. 95 96. was settled by Grant or Letters Patents under the Great Seal to be in the Disposition of the Chancellor or Keeper of the Great Seal for the Time being yet when it became void (a) 18 Ed. 4. f. 7. Hâ—b Rep. 153. It was adjudged to be in the King's Gift The Disposition of other Offices upon like Disputes between the King and his Judges have been adjudged for the King by reason the King cannot Lose his Original Right by lapse of Time and Offices upon their Erection were not worth his Care or Cognizance now they are Choice Flowers in His Majesty's Garden and if such as had Inferior Offices in their Gift could not maintain their Title thereto in Point of Law who under the umbrage of general Words of all Perquisites and Advantages can pretend to Offices that are known by express Names seeing the Statute 1 Hen. 4. Cap. 6. provides That nothing shall pass out of the Crown without express mention And the Judges have not any Inferior Office by Name Granted to them and none but the Judges have any Colour or Claim to Inferior Offices His Majesty by disposing of Offices may Reward good Services and raise a Revenue Vno eodem tempore As for instance if His Majesty give A. B. an Office of Value upon Condition to pay One Years Profits in Two Years time by Quarterly Payments A. B. will have one half to live on while the other is paying and will have the whole after Two Years And A. B. will save above Seven or Eight Years Value in ready Money at the Rate Offices have been Sold in Courts of Justice and Five or Six Years at the Rate Offices have been Sold in the Houshold And the Money arising by the Profits so taken will Ease all Loving Subjects of so much in new Aids and Taxes And if Officers of Courts of Justice Pay no Ready Money they will not make Suitors Expend more than the Value of the thing in Suit as too many have done to Reimburse themselves A Registry of the Names of Persons Useful and Serviceable to the Publick was kept 〈…〉 sub Titulo Privy Council and such were well Rewarded according to their Services and Qualifications with Offices of the King's Gift and was a Registry kept and Persons preferred as Registred it would prevent strugling for Offices at this Day which would be good Service For if Three be Competitors for an Office 't is Morally impossible to oblige One without disobliging Two 13 Edw. 1. Cap. 〈◊〉 and Persons disgusted are apt to be Factious And His Majesty may Legally supply most Defects or Abuses either in the Exposition or Execution of the Law such Power being expresly Saved in and Reserved to the Crown by a Law The Casual Revenue arising by Fines and Penalties is very Ancient and is augmented by every new Law which is seldom without Penalties to make it be observed so that in Case the Abuses discovered were Redressed and Penalties rightly managed they would not only be a great Revenue to His Majesty but support the Administration of Justice without which neither his Majesty nor his People can be Happy For that Reason the Wisdom of the Law took more than ordinary Care to have that Revenue called Green-Wax Fines arising by Fines Forfeitures Issues and Amerciaments well Managed and duly Answered as appears by the many Laws made for that purpose (a) 51 He. 3. St. Scaâ— 10 Ed. 1. St. Ruâ—â— 27 Edw. 1. Cap. â—â— 9 Edw. 3. Cap. 12 Ric. 2. Cap. 1â— 6 Hen. 4. Cap. 3. 7 Hen. 4. Cap. 3. 1 Hen. 5. Cap. 4. 4 Hen. 5. Cap. 2. 23 Hen. 6. Ca. 1â— 11 Hen. 7. Cap. 1â— 27 Hen. 8. Cap. 2â— 7 Edw. 6. Cap. 18 Eliz. Cap. 5. 27 Eliz. Cap. 10. 21 Jac. 1. Cap. 4. 22 and 23 Car. â— Cap.