A Vindication Of the CASE relating to the Greenwax-fines SHEWING How the Rights and Prerogative of the Crown are diminished Officers enriched and the Subjects oppressed by the Mismanagement of That Revenue ALSO Disproving the Allegations used to hinder a Reformation thereof as Contradictory to the Reports and Resolutitions of the Judges and Lawyers and the Experience of Persons of all Ranks and Degrees in all Ages Proved by undenyable Matter upon Record against which the Law alloweth no Plea or Averment LONDON Printed in the Year 1684. TO THE KINGS Most Excellent MAJESTY c. Great Sir I Have Advised with many Eminent Lawyers upon the ensuing Treatise who agree The Statutes Presidents and Book-Cases to be rightly quoted And I know the matter of Fact to be Truely Stated Therefore humbly and in all Duty beg of Your Majesty to Read and Judge how my dear Lord and I have been mis-represented for promoting Your Service Your Majesties Most Dutiful Subject Yarmouths TO THE High and Mighty Monarch Charles II. By the Grace of God KING of England c. Most Gracious Soveraign WIthout Fines and Amerciaments Your Majesty may have many Laws but no Obedience to them Many People but few Subjects In this Age men obey rather for Fear of Punishment than Love of Vertue Rewards and Punishments are the two Wheeles which make the great Clock of the Kingdom go right The one keeps the people within the Circle of Obedience the other is the Golden Spur to Glory and all Noble Actions The just Rights and Liberties of the Crown like Hippocrates Twyns live and die together Therefore Your Royal Progenitors and their great Ministers ever termed such as blasted these flowers Regiae Majestatis homicida Every Subject within your Majesties Dominions at the Age of 18. is obliged to defend them Officers more especially upon every Admission into Imployments to discover whatsoever they know or believe to be done or suffered to Your Majesties dishonour Eclipsing Your Prerogative or Deminution of Your Profits which made me discover such things as I being educated in the practice of the Law knew to be actually committed and done And your Majesties Councel at Law not only reported that I deserved encouragement and a Liberal reward for the good service performed by the Discovery thereof But countenanced me therein untill they themselves became Judges or perceived how displeaing it was to forego Pretended perquisites innovated Practices and Fees I have been at continual expence and trouble besides the loss of my Practice by this long contest ever since October 1674. Clyents being unwilling to imploy a reputed enemy to the Courts I humbly beg of Your Majesty that the Judges refusing to reform the Abuses discovered in such manner as I propose may not deprive me of Your Majesties Mercy and Bounty seeing the discovery thereof is all that 's required in this Case of Your Majesties Most Loyal and Dutiful Subject P. Brunskell THE CONTENTS Of this BOOK DIvers Abuses with Proposals following every Abuse to Remedy it from Page 1. to page 30. Sir Francis Norths Report when Attorney General in behalf of the said Brunskell p. 30 31. Sir Francis Norths Evasions Allegations or Retractions upon his being made Chief Justice of the Common-pleas p. 31. Sir Charles Herboards Report upon hearing what the Lord Chief Justice North and his Officers had to say p. 31. Sir Francis Norths opinion occasioned by Sir Charles Herboards Report p. 32. Sergeant Maynards opinions and retraction p. 32. Saunders several opinions and how he evaded the same after he was made Chief Justice p. 32. Reymonds opinion and how he sate mute after he became a Judge p. 32. Vpon what occasion Sir William Jones Your Majesties Attorney General reported for Your Majesties service That many of the Abuses were true and fit to be remedied that the discovery thereof was Good service already performed and deserved to be liberally rewarded And how he and Mr. Finch your Majesties Solicitor General refused to give the said Brunskell encouragement pursuant thereto for your Majesties service p. 32 33 34. How the Judges and Barons confirmed Sir Jones's Report and agreed to make Rules pursuant thereto p. 33 34. How Sir Robert Sawyer before and after he was your Majesties Attorney General Argued as Councel for and Reported in behalf of the said Brunskell p. 34. Sir Robert Sawyers Allegations Evasions or Retractions p. 35 36. The Judges appointed to meet at the Earl of Angleseys to setle Orders or Rules pursuant to Sir Robert Sawyers first Report because the said Earl had your Majesties Commands to see them made But the Judges disappointed his Lordship and met at Serjeants-Inn in Fleet-Street where the late Lord Chief Justice Pemberton declared that your Majesty had no such Revenue p. 35. Why and wherefore Fines and Penalties were ordained p. 36. Several Statutes enjoyning the Judges and Officers to be carefull of Fines Issues and Amerciaments from p. 36. to p. 39. Oaths now Administred to great Ministers and Officers to make them careful of your Majesties Honour Rights and Profits To Bishops Lord Chancellor p. 39. Privy Councellors Treasurers Barons and Judges p. 40. Justices of Peace High-Sheriffs p. 41. Lawyers Officers and Attorneys p. 42. The inconveniencies formerly experienced when Judges sold Offices and took Fees and Gifts of other than the King p. 42 43. Divers Resolutions of former Judges and Sages of the Law shewing the great Veneration and Esteem they had of Your Majesties Casual profits p. 43 44. That Grantees by a Derivative Power take the small Amerciaments yet Your Majesties Officers who have certain Sallaries to take care of Your Majesties Profits neglect them p. 44. That Fines inflicted fall not upon High Sheriffs as alledged p. 44. Several Statutes declaring that Officers use many shifts contrary to their Oaths and Duties and the known Laws of the Land to withdraw your Majesties Fines Issues and Amerciaments and increase their Fees p. 45. Examples Of King Henry the 3d. 1. In setling Orders for the better management of the Green-Wax Fines 2. In Assigning it over for Payment of his Debts 3. In allotting His Judges Sallaries to be paid thereout And 4ly In Punishing Hubert De Burgh His Chief Justice and Baron for neglect thereof p. 46. Of Queen Eliz. countenancing Carmerthen upon the discovery of Abuses in the Customs p. 47. Of King James setling Orders upon the discovery of Abuses in withdrawing the Green-Wax Fines and why Officers imbezled or lost them p. 47. Several Ficticious Allegations fully disproved and detected p. 48. to p. 55. How the said Brunskell and Mr. Middelton are better Entituled than their Brethren to be Commissioners in the Alienation Office p. 55. The Antiquity and certainty of the Duty upon Pleas of Land and how it s to be improved and better managed then now and that the said Brunskell and Middelton are not to blame for the non-Improvement or better Management thereof from p. 55. to p. 69. Heriotts and Reliefs fully saved in
his Officers claimed some Fines as Fees to Buy Necessaries for the Judges and Repair the Courts It was Referred to Sir Charles Harboard who Reported after a serious Debate with his Lordship and Officers That all Fines were Agreed to be Due to Your Majesty Ergo Not applicable to any Vse without Your Majesties express Warrant Then his Lordship yeilded by a second Opinion under his hand That it was Needful to Appoint a Person who by taking the Officers Accompts might Controul such as pocket His Majesties Profits And Serjeant Maynard gave his Opinion in private for the said Brunskel in behalf of Your Majesty Yet when he appeared in publick and saw the Judges and Officers against him Retracted the same And Mr. Saunders ever pleaded for the said Brunskel in behalf of Your Majesty and maintained the Green-Wax Fines to be Your Ancient Revenue And that Your Majesty may Legally Grant it in Farm or settle Orders or Rules for the Management thereof as Proposed Yet being Chief Justice alledged It was one thing to be Judge and another to be Counsel And Serjeant Reymond gave his Opinion for the said Brunskel in behalf of Your Majesty But being a Judge satt mute Sir William Jones Your Majesties Attorney General ever refused to say or do any thing in Favour of the said Brunskel But a Scheam of Abuses and Remedies which the said Brunskell gave to some Persons active in the revocation of his Patent to let them see what reasonable things he desired and was denyed And how unjustly his Adversaries sought to ruine his Reputation and Estate being carried to the said Sir William Jones by his own Creatures without discovering the said Brunskell to be the Author thereof he reported thereon That many of the Abuses are True and fit to be Redressed That all or the greatest part thereof may be redressed by the Judges Orders in the respective Courts That the discoveror thereof deserveth all due Encouragement for the service he hath already done and may for the future do in discovering these or the like Abuses Also the assurance of a liberal Reward And the Judges confirmed his Report by acquainting the Lords Commissioners of your Majesties Treasury That they had made Orders pursuant thereunto Also the Barons by agreeing to make Orders accordingly as appears by the minute Book in the Treasury Chamber Yet effectual Orders are not made And when the said Brunskell appeared and Petitioned for his Reward pursuant thereto being referred to the said Sir William Jones and afterwards to Mr. Finch the Solicitor General they resused to draw either Patent or Commission for him Sir Robert Sawyer before and after he was Your Majesties Attorney General pleaded upon several occasions for the said Brunskell in behalf of your Majesty and Reported That great Abuses are practiced by Clarks and it 's fit such Rules be made that your Majesty may not be injured That the Ancient Practice is best That the Method as the Starute 11 Hen. 7. cap. 15. directeth ought to be pursued That the Orders proposed seem reasonable in the main And advised the Lords Commissioners of Your Treasury to send them to the Judges to be made Rules in the respective Courts which their Lordships did accordingly and your Majesty Commanded the Earl of Anglesey to see them made for Your Service Whereupon the Judges appointed to meet at his Lordships House But for some reasons best known to themselves They not only declined meeting there but to have his Lordship present at the debate thereof in Serjeants-Inn-Hall where the Late Lord Chief Justice Pemberton declared That your Majesty had no such Revenue and dismissed the said Brunskell from all farther Solicitations for Rules Whereupon the Earl of Anglesey stated the Abuses represented by way of Question under his hand and delivered them by your Majesties Command to Sir Leoline Jenkins your Majestyes Principal Secretary to be referred to the Judges to Answer under their Hands which is not yet done Yet the said Sir Robert Sawyer forgetting his former Reports and Opinions acquainted your Majesty at the hearing that the said Brunskell was impertinently troublesome And reported lately upon the said Brunskells petition to the Lords Commissioners of your Majesties Treasury That the substance of what the said Brunskell insists on hath been debated over and over and will never be determined to the said Brunskells satisfaction yet warily submits to their Lordships Judgment For he knew that their Lordships were as sensible as himself that repeating nine Years Transactions Stating and Answering all Objections made the said Brunskells Case unavoidably long and for that reason it was not Read Ergo not Debated That Fines and Penalties were Originally ordained to quicken the Execution which is the life of the Law and established to defray the charge which your Majesty is at with your Courts for Administration of Justice and Equity to Your Subjects For that reason 't is provided by the Statute 51 Hen. 3. and 7 Hen. 4. cap. 3. That they shall be duely Recorded Estreated Levied and Accompted for The Statute 6 Edw. 1. cap. 14. directeth That the Treasurers and Barons shall see Amerciaments Levied to your Majesties use The Statute of Rutland 10 Edw. 1. provideth That Sheriffs and Bayliffs shall not withdraw Your Revenues by returning Nichills or the like And that Your Treasurers and Barons cause particular Rolls of Estreats to be made and delivered to faithfull and circumspect men to Enquire thereinto The Statute 27 Edw. 1. directeth That once every year a Baron and a Clark shall go round the Countries to enquire whether any be concealed or withdrawn The Statute 18 Edw. 3. enjoyneth the Judges to do all reasonable things to procure them By the Statute 6 Hen. 4. cap. 3. Commissions shall be issued out after every Officers final accompt into the respective Counties where the Officers and Accomptants live to enquire of Frauds that they may be severely punished And Under-Sheriffs and Bayliffs by the Statute 1 Hen. 5. cap. 4. shall not be in Office above a year The Statute 2 Hen. 6. cap. 10. provideth That persons shall be appointed in all Courts faithfully to attend your Majesties business And the Statute 33 Hen. 8. cap. 39. provideth That the Officers concealing or withdrawing your Majesties Fines shall pay three times the value and forfeit their Offices And it was found by experience as appeareth by the said Statute 27 Hen. 8. That Suits were delayed when Bailiffs were not punished by Fines and Amerciaments because the Lords of Liberties to whom your Royal Ancestors had granted the Return of Writs had power to remit the same Therefore the Statute nulled those Grants and restored the Fines to the Crown as the ancient Estate and Prerogative thereof for administring Justice and the Statute 27 Hen. 8. cap. 10. 13. Eliz. cap. 5. prohibiteth all Contrivances to deceive your Majesty of any Fines and all persons Officers especially are
thereout to make them careful of it the Parliament esteeming Fines the only means to expedite Justice petitioned Richard the second That the Justices might have part of all Fines and Penalties to excite them to inflict and levy them whereupon the Statutes 12 Rich. 2. cap. 10. and 14 cap. 11. were made for their Wages to be paid thereout still in force and observed And it appears by Crompton's Jurisdiction of Courts in Banco Regis that Judge Ingham was punished for reducing an Amerciament to a lesser Sum tho' in pity to a poor man because the Statute 18 Eliz. 3. Statute 4. still in force prohibits him and all Judges to do any thing in prejudice to the King And some Historians report That the Clock-House in Westminster was built with the Fine and the great Bell hung therein that the Judges may remember when they hear it Toll to observe their Oaths established by that Statute Queen Elizabeth received and countenanced oppressed Carmerthen upon his discovery of Abuses in the Customes and subjected the Officers to his Methods Also King James being Informed of abusive practices in withdrawing the Green-wax-Fines constituted a Surveyor thereof and setled Orders to enable him to perform his Surveyorship which were hung up in Tables in the Exchecquer but are now imbezelled or lost for Officers love not lasting Monuments of their Corruptions And the old Fine Rolls shew that contempts in Chancery were duely estreated which are now wholly neglected Also it appeareth by good matter upon Record that all Your Royal Progenitors have constituted Special Commissioners to inquire into Officers Misdemeanors And that the same were ever reformed upon their Certificate without more ado yet to hinder a Reformation 1. The said Brunskells opponents stopt a Grant to the said Brunskell after it had past the Privy Seal with no small trouble and charge to him upon a suggestion that it was Empson and Dudleyes Case who had power to Impose Imprison Levy Compound and Discharge Whereas the said Brunskell never had or desired any power but to make Officers Record all Fines and Amerciaments duely or charge them when they withdraw or conceal any 2. They represented a Grant of the Office of Surveyor illegal for the said Brunskell and denied him a Commission of Inspection for fear of setting malicious informations on foot Whereas with running the risk of Barratry he may turn Informer at any time without a Commission 3. To hinder Persons of Quality to be Surveyors The said Brunskells Opponents represented this Revenue as an inconsiderable project Whereas their own Oathes Statutes and Presidents before-mentioned clearly evidence That Fines and Penalties were ordained for the Punishment of bad and Relief of good men because ill men will rather obey formidine poenoe than vertutis amore Ergo No projects 4. The Right Honourable Earls of Peterburough and Yarmouth Henry Lord O Bryen Sir Francis Compton Mr. Greenvil Mr. Fanshaw and the said Brunskell upon the Officers certifying your Majesties High Treasurer Danby That the Green-wax-Fines yeilded but 500 l. Comunibus Annis proposed to Farm the Moiety thereof at 250 l. per Annum excepting thereout all forfeitures of Popish Recusants Conventiclers yet the said Brunskells Opponents hindred them to be Surveyors or Farmers upon a suggestion That such Grants were Illegal imprudent impracticable until it appeared That a Grant of the Office of Surveyors was then in being to one Mr. Aram and all the Green-wax-Fines were then and are now in Farm throughout the Kingdom of Ireland and in England within the Dutchy and Countyes-Palatine of Durham Lancaster and Cheshire and to divers Cities Corporations and Lords of Liberties where divers of the Grantees are impowred to Impose Imprison Levy compound and discharge And your Majesty was graciously pleased upon the Judges and Lawyers agreeing them to be Legal to make this Remark thereon If Grants with those Powers were good allowed and practiced The Grants without them could not be illegal the Judges and Lawyers agreeing the Surveyor to be a necessary Officer Your Majesty was graciously pleased to make this further Remark thereon That it was more prudent to grant a Moiety of the improvement than a certain Sallary because it obliged the Grantees to promote your Majesties Profits with their own Whereupon the several Letters-Patents passed Your Majesties Great Seal Yet the Judges hindred the Patentees to Officiate by not Subjecting Officers to a prudent controul for your Majesties Service until the Grants were revoked by an Order of Council It is endless to repeat every passage and what trouble and charge the said Brunskell and his Partners were put to with Feeing and instructing five or six Lawyers at a time to disprove their Opponents fictitious Alligations And how the said Brunskell being denied to be Surveyor was no sooner gone into the Country for a little repast but his Enemies concluding him to be wearied out adjudged the Office of Surveyor Legal and fit for their own Creatures useing great endeavours to pass two Patents thereof until your Majesty being gratiously pleased to stop them declared the Grant as legal for the said Earl of Yarmouth and Brunskell as any other and how the said Brunskells Opponents delayed him for an Account from Ireland and after the Account came untill the said Earl of Yarmouth Petitioned for a hearing before your Majesty in Council and upon Sanders arguing and maintaining the Legality of the Grant desired Your Majesty was graciously pleased to constitute the said Brunskell Surveyor who obtayning your Majesties Grant by an Order of Council about April 1681. acquainted the Lords Commissioners of your Majesties Treasury That it required many Deputies to attend the Great Courts at Westminister Assizes and Sessions and to go from Office to Office tracing Fines and Amerciaments duly to Accompt who will not act without an assurance from your Majesty or Treasures how they may be paid The said Brunskel therefore petitioned the Lords Commissioners for Orders or Rules to inable him to Officiate as proposed Or an Allowance for Deputies And the said Earl of Yarmouth thinking the Judges or Lords Commissioners to blame in not setling Orders or an Allowance for Deputies and taking such Lawyers as say and gainsay to be ill Advocates and worse Guides to the Ignorant Petitioned for a hearing before your Majesty in Council But the late Lord Chief Justice Pemberton who declared That your Majesty had no such Revenue Et nescit vox missa reverti and the other Judges who did not contradict it unwilling to hear all the matter of fact publickly debated and proved Quia qui que vult dicit que non vult audiet represented the said Brunskels Case to be impertinently long And for that reason it was not read And the said Lord Chief Justice Pemberton not only moved your Majesty to take his and the others Judges opinions thereon which was not rejected but quibled upon the said Brunskels ignorance in jumbling Actions Popular and informations
Sallaries and Imployments As to Heriots and Reliefes Sir William Jones Sir Robert Sawyer and Sir John Sympson gave their Opinions That Heriots and Releifes are fully saved in the Crown by the Statute 12 Car. 2. cap. 24. But now t is alledged That Tenures as part and parcel of Mannors pass by your Majesties Grant of a Customary Mannor cum pertinen ' whereas Heriots and Releifes being Services incident to Tenures and Tenures in Gross to the Persons and disappendant to Land or Mannors cannot pass by grant of the Mannors or Land cum pertinen ' As for instance There is no Land in England in the hands of any Subject but what 's holden of some Lord or other by some kind of Service Cooke upon Litleton Fol. 65. a. And the Services make Tenures Fol. 92. b. And every Freehold Tenant except in Frank Almoigne is bound to do Fealty to his Lord for the Tenement holden of him Cooke upon Litleton Sect. 91. If Lords knew the advantages of Homage and Fealty they would not neglect them Cooke upon Litleton Sect. 94. Also the Writ de Cessavit saith precipe a quod juste c. reddit B. Tentum suum quod de eo which is de Domino non de Manerio tenuit per tale Servicium Et quod perfat ' reverti debet Eo quod predict ' a infaciendo Servic ' per biennium cessavit c. Ergo The Tenures being in Gross to the Person and disappendant to the Mannor cannot pass with the Grant of the Mannor cum pertinen ' in your Majesties Case Because the Services which make the Tenures oblige Your Tenants upon pain of forfeiting their Estates by Force of the Statute 13 Ed. 1. to be ever in readiness to defend your Majesty and Kingdom in time of War and encourage Tillage in times of Peace for the preservation thereof and relief of the poor And an Army of such Freehold Tenants may in reason be thought better Souldiers than Hirelings saying Omnia mea mecum porto who will fight for or revolt from your Majesty as their Interest leads It is agreed That Tenures and Services are Established by Custom and Common Law pro bono publico That the Common Law shall be preferred before Acts of Parliament clashing with it That if a private Lord Alien a Customary Mannor consisting of Freehold Tenants the very Tenures Services and Royalties which he hath shall pass to the Alienee by general words because it 's equal to your Majesty and Subjects whether the Alienor or Alienee have them that the Act and Deed of a private person shall be construed most strongly against him But when Customary Mannors come into the Crown by Attainder Escheat or otherwise The Tenures are thereby changed from the Person of the Lord to the Person of your Majesty so become special Royalties And Royalties shall not pass out of the Crown by the Grant of the Mannors cum pertinen ' or general words Hob. Rep. 233 234. Plow Com. 333. b. 334. a. Dyer Fol. 268. Davys Rep. Fol. 56. a. If a private Lord Alien Land it shall be holden of the Alienee If your Majesty Alien it shall be holden of Your Self in Capite Rolls Abridgments Fol. 517. Private Lords may and do frequently Manumit their Tenants But if your Majesty Release a Tenant in Capite to hold by a penny and not in Capite That Release is void because the Tenures are incident to Your Person and Crown Rolls Abridgments Fol. 513. For that reason the Homage and Fealty of your Majesties Tenants do differ from private Lords For your Majesties is called Homagium Ligeum which bind them by Oath to be Your subjects of life and member Cooke upon Litleton Fol. 68. And every thing is expounded most largly and beneficially for your Majesty Because the Profits of the Crown are termed Ornamenta pacis et firmamenta Belli And of so High Estimation that every body is bound to promote them Cookes Reports the Earl of Devonshires Case Therefore the Learned Judge Hutton declared Tenures and Services to be inseparably annexed and united to the Imperial Crown And the Learned Lord Chief Justice Hailes and others who had the penning of the Statute Anno 12 of your Majesties Raign saved Rents Heriots and Suits of Court incident to Tenures in Capitee to be as they were before the Tenures were thereby turned or alter'd into common Soccage Also createth a Relief as in Soccage Tenure and saved the Fealty incident thereto And the 4th proviso of the same Statute dischargeth Tenants holding by Soccage in Capite of no service but Ward Value and forfeiture of Marriage Livery primer seisin ouster le Mayne pur fair ' Fitz Chivalier purfile Marrier Ergo Heriots and Reliefs ought to be in charge with the Auditors where your Majesty hath not granted them away in Terminis as separate and disappendant to your Mannors As to Offices The Law consisteth but of two parts viz. Judicial and Executive And most Offences being Baylable it 's at the Criminals Election whether they will stand Tryal or forfeit their Recognizance Ergo If Officers for Bribes or Rewards withdraw Recognizances They frustrate the Judicial part Officers are also entrusted to see proceedings right and duely Drawn and Recorded but if they by ignorance corruption or negligence draw long and vexatious Bills Answers Orders or Decrees or Imbezal or deface Depositions in Equity Or draw ill Declarations or Pleas or Misenter Special Verdicts or Judgments at Common-Law It giveth great disturbance to Suitors to have the Errors rectified and the Non-amendment thereof in due time giveth litigious Adversaries opportunity upon Writs of Errors to be very vexatious and frequently overthroweth all the proceedings thereon It was found by experience when the Judges had divers Fees as well as their Officers which increased or decreased as Suits were delayed and proceedings multiplyed and sold Offices at dear Rates that they placed men therein for Lucre without Merit and acted or countenanced such things as were contrary to the Laws and Statutes in force For which some Judges were put to Death divers Fined and Suspended and others were Banished as appeareth by Ancient Record and History Also the Attorney and Solicitor General did not then prosecute and convict the Officers guilty of misdemeanours because their own practice and profit as private Councellors depended upon the Favour of the Judges and indearement of Officers therefore the Sallaries of the Judges and Kings Counsel were inlarged and made certain For it 's Enacted by the Statutes 18 and 20 Edw. 3. That the Judges shall not take Guifts Fees Robes or Rewards of any but your Majesty and the Oath of a Judge thereby established enjoyneth the observance thereof because their Sallaries were then made certain which have been since further enlarged It 's also further provided by the Statute 12 Richard 2. That the Judges and great Ministers shall not sell Offices Also by the Statute 3 Edw. 1. Cap. 26 27 and 30. That Officers shall not commit
discharge persons admitted to compound whereby poor people being admitted to compound Penalties of 40 l. due to your Majesty for 2 d. not being freed from Officers excessive Fees and the great charge and trouble of formal Pleadings Motions suing out Quietus and the like are deterred from applying to your Majesties Courts for mercy and forced under-hand to bribe Under-Sheriffs and Bailiffs who prey upon their necessities with respits and false Returns until they insensibly become insolvent and bring themselves and Families to be maintained at the Parish-charge Thus Officers acquit your solvent Subjects and clog your Majesties Exchecquer with the Recognizances of the poor people who are willing to pay what they are able but not able to pay so much as the Officers demand and the Law consisting but of two parts viz. Judical and Executive and most Offences being bailable Criminals are at their own Elections whether they will stand Tryal or forfeit their Recognizances and the Judges being fully employed in Judicial matters cannot take notice of every thing transacted by Officers and being ignorant of the Executive part generally take the advice of the Protho-Notaries or head Officers therein so that the Execution which is the life of the Law depends chiefly upon the skill and honesty of Officers which makes rich Offenders who have money at will very insolent and discourage your peaceable Subjects to prosecute and convict them And the general Grievances of your Subjects consisting in Purpressures common Nusances defective Bridges Causways and common Pounds Land Mark removed Hedge Breakers Riots Assaults common Barretors Eves droppers Inn or Ale-houses Lodging persons of ill Fame Regrators Forestallers Bakers or Brewers failing in Assize of Bread or Bear False Weights and Measures Cattle Infected put into common Pastures and the like cannot be redressed while Recognizances are withdrawn and Criminals discharged upon easie Compositions without hearing what 's to be said in your Majesties behalf As for example Mary Hunt and her Bail being bound and indebted to your Majesty in the sum of 1400 l. by several Recognizances to stand Tryal of divers Crimes wherewith she was charged confessed it cost her 400 l. and upwards to Officers for withdrawing her Recognizances to hinder the Prosecutors to expose her by open Tryals to publick Justice And it 's a violent presumption that Officers used indirect practices to gratifie her therein because in disobedience of express Rules of Court and in Contempt of the Statutes 51 Hen. 3. 7 Hen. 4. cap. 3. and 2 Hen. 6. cap. 10. after they had received divers Fees of the Prosecutor to Estreat them into the Exchequer did not Estreat any save one to try an Indictment in Michaelmass Term 1682. which they knew would be as it is discharged of course Two Recognizances to try Indictments for keeping a publick House and entertaining Lewd and Debauch'd persons after the Fact confessed to avoid the Tryal were discharged by a single Judge at 's Chamber privately for 3 s. 4 d. a piece Another to keep the Peace being forfeited by her wilful breach thereof was particularly ordered to be Estreated after Hunts death Because the Bail confessed they had 100 l. a piece in their hands to Indempnifie themselves Yet the Bail are since discharged by Rule of Court without paying the Money in their Hands to your Majesty or hearing what the Prosecutors had to say Whereas in all matters relating to private persons the adverse parties ever have a day given to shew Cause before any thing be peremptorily ordered These practices made Hunt so insolent that boasting of her prevalency with Officers she Spit in the Prosecutors Face hired persons to Murder her and threatned to Burn her House And the Officers and Bail aggravating her Grievances by Infamous Misrepresentations and other Affronts she moved the Court to have the premises duly examined but was committed to Prison To prevent these Abuses the Clarks of Assizes and Peace may enter all Recognizances in a Book or Parchment Roll as soon as they come to their hands and not keep them as now upon loose Files that poor people through inadvertency forfeiting Recognizances or incurring other great Penalties if their Case appear upon Petition and Proof to deserve mercy may be discharged by an Order of Court without more ado or an Office may be erected to compound such Forfeitures in nature of the Alienation-Office T is for your Majesties honour and profit to give Your subjects who ought to have mercy shewn a legall and cheap way to obtain it because it endeareth them to your Majesty and hindereth all indirect application to Officers 10. Abuse That the Statute 51 Hen. 3. limiteth and appointeth all Sheriffs except Northumberland and others by particular Statutes exempted to pay your Majesties Fines half yearly viz. at Easter and Michaelmas and the Process of the Exchequer for that purpose are issued out after every Hillary and Trinity Terms yet Officers generally respite the Under-Sheriffs first half-years Payment until Trinity-Vacation and often longer and if High-Sheriffs happen to die as Sir Solomon Swaile did who was High-Sheriff of Yorkshire your Majesty may long want your Fines and lose them at last and if Under Sheriffs should die before their Accompts be perfected the High-Sheriffs who are the Accomptants in point of Law would be at a great loss Ergo It 's neither for your Majesty nor High-Sheriffs Interest to have the Accompts so generally respited To prevent this the Statute may be observed by all Sheriffs excepting the Sheriffs of Northumberland or such as are particularly exempted 11. Abuse That Fines in all Ecclesiastical Courts throughout the Kingdom may be modestly computed to be 6000 l. per Annum and were duly collected and paid into the Exchequer by particular Receivers thereof as appears by the Patent-Rolls and Records down to the late Rebellion But since your Majesties Happy Restauration only a few Fines upon Excommunications are certified into the Exchequer all the rest are Concealed To prevent this the Officers may be subjected to such Orders as are proposed for the Officers of other Courts The Reports and Opinions of your Majesties Judges Attorney Generals and other able Lawyers pro and con Statutes Presidents and Resolutions of former Judges as follow plainly shew the foregoing Abuses to be true and may be Remedyed as Proposed Sir Francis North your Majesties Attorney General about October 1674. of his own knowledge Reported That the small Fines and Americaments in all Courts are wholly Neglected which if carefully looked after will be of a considerable Value And the said Brunskel if Your Majesty please to favour him deserveth an Employment therein for so Vseful a Discovery And his Lordship declared That he was glad of the Opportunity so to Report Because he had often Moved the Judges to take Care of them Yet when elected Chief Justice of the Common Pleas refused to draw either Patent or Commission for the said Brunskel pursuant to his own Report And when
punishable for Frauds Deceits by the Statute 3 Ed. 1. cap. 29. And every Subject by the Statute 7 Jacobi cap. 6. is obliged by Oath and Duty at the Age of 18. to defend the Rights of the Crown And Great Ministers and Officers not only to take that Oath but upon every admission into any Office or Imployment more particularly Sworn as followeth Bishops are particularly to assist and defend all Jurisdictions Priviledges Preheminences and Authorities Granted Belonging Vnited or Annexed to the Crown c. The Lord Chancellor is truely to Counsel your Majesty and not to know or suffer the Hurt or Disherison of your Majesty nor the Rights of the Crown to be in any stress And if he cannot hinder it He is to make it expresly known to your Majesty with his true Advice and Counsell and to do and purchase Your Majesties profits in all things c. Privy Councellors if they know of any thing attempted done or spoken against your Majesties Person Honour Crown or Dignity Royal are to withstand it to the utmost of their power and to advertise your Majesty thereof and to assist and defend all Jurisdictions as in the Bishops Oath c. The Treasurers Chancellor and Barons of the Exchequer are not to disturb nor respite Debts where they may be Levied to take Fee or Robe of none but your Majesty and where they understand of any wrong or prejudice done to your Majesty they are to use their power and diligence to redress it And if they cannot they are to inform your Majesty c. Judges are to Counsel your Majesty in Your needs and not to Counsel or Assent to any thing which may turn to your Majesties hurt or disherison They are to do even right to Poor and Rich and not take privily or apart any gifts or any other thing which may turn to their own profits nor Fees or Robes of any but your Majesty They are to do and procure your Majesties profits in all things where they may reasonably do it And upon default in any point shall be at your Majesties will of Body Lands and Honour c. Justices of the Peace are truly to cause all Issues Fines and Amerciaments before them to be entred without concealing or imbezeling any and truly to send them into the Exchequer they shall not Let for gift or other Cause but are well and truly to do their Office High-Sheriffs are not to assent to the Concealment of your Majesties Rights or of Your Franchises and wherever they know of any thing concealed or withdrawn they are to cause it to be restored or certify your Majesty thereof They are not to respite your Majesties debts for any gift They are truly to acquit at the Exchequer all those of whom they receive any thing of your Majesties debts and truly to return and serve all your Majesties Writs and admit none to be their Vnder-Sheriffs or Clarks of the last year and shall make each of their Bayliffs to take such Oath as they take and shall not let their Sheriffwick or any Balywick thereof to Farm Lawyers Officers and Attorneys are sworn to assist and defend the Crown To do no falshood nor consent to any to be done to your Majesties prejudice But if they know of any they are to give notice to the Lord Chief Justice or his Brethren that it may be Reformed and the Prothonotaries Clarks of Estreats and Philazers are truly and diligently to Record and Extract all Fines Issues and Amerciaments and to inform the Chief Justice if they know of any thing neglected concealed or withdrawn And the experience of former Ages teacheth by the exemplary punishment of divers Judges by Death Fines Imprisonment and Banishment when they had Fees as well as their Officers which increased or decreased as Suits were delayed and Proceedings multiplyed and took New-Years Gifts and Money for Offices they did not put the Laws in execution against Officers Therefore the Statutes 18 and 20 Ed. 3. and 12 R. 2. And other good Laws were made and provided still in force to prevent corruption Because Justice is to be done without respect of persons Et nemo debet esse sapientiorem Legibus And in the Earl of Devonshires Case 4 Jacobi the Profits of the Crown are resolved to be Ornamenta Pacis Firmamenta Belli and of so high estimation that every body is bound to promote them Also resolved in Vaughan's Case 39 and 40. Eliz. That a Fine or Amerciament is due to your Majesty upon every Contempt or Disobedience of Writs or Process Therefore Judgments were set aside for omitting to record persons in misericordia and the very small Amerciaments were duly estreated as appears by Rastall's new Natura Brevium under the title of Beecher's Case in Cooke's Reports and Original Writs at this day command pledges to be taken for them and the Citizens of London farming the Green-Wax-Fines of your Majesty in the City by a Derivative Power ever took the small Amerciaments which your Majesties Officers neglect who enjoy divers Fees Perquisites out of every Warrant of Attorney and other things exceeding 200. per an to take care thereof if persons were compell'd to find real pledges as the Law directs and Amerciaments were truly estreated ad finem litis it would prevent frivolous Suits and fictitious Pleadings to delay Suitors for Amerciaments have been affeer'd upon litigious Plaintiffs or Defendants to 20 l. by Neighbours who best knew the Parties and their Offences by the Statute 9 Hen. 3. cap. 14. And it 's well known that Fines inflicted fall not upon High-Sheriffs as pretended but upon their Under-Sheriffs Bailiffs or litigious Clients who must and will rather pay them than forfeit the penalties of their Bonds because all High-Sheriffs ever take great and good Security to indempnifie themselves For that reason the Statute 7 Edw. 6. cap. 1. provideth That head Officers in every Court shall impose Fines upon and Amerce Under-Sheriffs or accomptants for not accompting or returning Process duely at the times appointed And the Statute 22 and 23. of your Majesties Reign cap. 22. declareth Officers guilty of many Abusive and Sinister practises in withdrawing your Majesties Fines and Forfeitures And the Statute 31 of your Majesties Raign cap. 2. declareth That Under-Sheriffs Jaylors and Officers use many shifts to increase their Fees contrary to their Oaths Duties and the known Laws of the Land That the Statute 23 Hen. 6. cap. 10. to eschew Extortion Perjury and Oppression prohibiteth Officers to be Jury-Men as not to be credited King Henry the third being informed of Abuses in this Revenue subjected the Sheriffs to good Orders and punished Hubert de Burgh his Chief-Justice for neglect of this Revenue And when he assigned over his Revenues for payment of his Debts reserved but these Branches of his Green-wax-Fines for his own subsistance King Edward the first allotted his Judges Salaries to be paid
Extortion that the Subjects Cap. 28. shall not be disturbed in their just Rights That Deceit Cap. 29. shall not be be practised And the proviso or saving in the Statute 5 and 6 Edw. 6. viz. That the Judges may do as formerly Doth not Impower the Judges to Sell because the aforesaid Statute 12 Rich. 2. prohibiting them is not thereby repealed And the present Judges cannot apply Mittons Case to themselves for the Office of the County Clark is adjudged to be in the disposal of the High-Sheriff because the High-Sheriffs Office is altogether Executive and the County Clarks being their menial Servants or Deputies cannot Sue for Fees nor Act any thing but in the High-Seriffs Name So that the High-Sheriff being punishable for their Deputies misfeizance are forced to take security to indempnifie themselves But the Office of a Judge is altogether Ministerial and the Law doth not punish Judges if Officers fail in the Execution of their Office unless they make themselves parties privy and consenting wherefore they never take security of Officers to indempnifie themselves for Officers stand or fall by their own good or bad behaviour because the Law reposing a Trust in the Judges to punish Officers Misdemeanors took away the Officers dependance on them that the Judges might not flagg therein Therefore all Sages of the Law writing of the Office of a Judge agree the observance of the aforesaid Statutes to be a material part of the Office Duty of a Judge because these Statutes and divers other good Laws and Statutes are grounded upon the Statute 9 Hen. 3. cap. 29. Which saith Nulli vendemus nulli negabimus nulli differemus Justiciam And the Lord Cheif Justice Cooke declareth experimentally and the reason is much stronger since offences were so generally Bailable That Justice cannot be duly administred if the Statute 12 Rich. 2. Prohibiting the Judges to sell Offices be not observed Because as the Execution which is the life of the Law dependeth upon the honesty of Officers as aforesaid It s violenta presumptio that Knaves whose Pockets are better lin'd then Honest Mens and Consciences not so strait laced will ever give most for them who seldom stick at any thing to reimburss enrich themselves Yet the L d. Keeper Judges take Fees of Suitors upon divers proceedings and not only Sell Offices at seven or eight Years Value but wink at their Officers selling thereof and take great Summs of Money upon their surrenders and admissions and New-Years-Gifts and Record Officers admitted Gratis Whereas Records were ever esteemed so Sacred That the Law alloweth no Plea or Averment against them And the Attorney and Solicitor General seldom or never porsecute populer Actions Informations or Pleas of the Crown unless Your agrieved Subjects Fee them to do it Whereas its a Maxime That your Majesty can do no Wrong and Maxims are fundamental points in Law It doth not appear by any matter of Record That your Majesty or Royal Ancestors ever dispenced with any Statutes in force whereon depended the due Administration of Justice But it appears That Pardons have been frequently Granted upon breach thereof after the Fact committed by your Majesty and Royal Progenitors special Grace and Favour The Statute 1 Hen. 4. cap. 6. provideth That such Offices as be not expresly named in Letters-Patents shall not pass out of the Crown The E. of Devonshire had omnia Singula vaod ' Feod ' Regard ' eidem Officio Spectan ' seu ab antiquo usitat ' vel gavis and a Privy-Seal particularly impowring him to dispose of old rusty Iron as his Predecessors had ever don who by a long usage of 80 years had disposed thereof without interruption Yet the Judges 4. Jacobi resolved his usage and prescription void upon a presumption That it began at first upon usurpation because it did not appear that such things were ever Annexed as Fees to that Office Ergo The usage of Selling inferior Offices being not Annexed to the Judges places as Fees to be Sold cannot be good For their own Records declare Officers Secundum Consuetudinem Curiae to be admitted ex merito gratis And persons in their own Right cannot Legally Transfer a greater Estate than they have Ergo The Judges durante bene placito cannot convey Inferior Offices to persons durante bene se gesserint unless they acknowledg themselves to be in nature of Stewards of Coppy-hold Courts and then they own the right transferred and Duties paid upon Admission to be your Majesties as Chief Lord. Yet the Lord Chief Justice North hindred divers persons that for good Service had obtained your Majesties Gracious promise of the Office of Clark of the Treasury in the Common-Pleas to pass their Patents suggesting it to be a perquisit incident to his Office Whereas particular Grantees had executed it by sufficient Deputies without intermission above 90 years and his Lordship then paid 500 l. per annum as his late Predecessors had done to John Lord Berkley the last Patentee which was an acknowledgment of your Majesties Right And whereas the said Statute 5 6 Ed. 6. saveth a Power to all Persons seised in Fee to Sell Offices your Majesty being so seised jure Coronae may do it For as your Majesty constituteth the Spiritual and Temporal Judges It argueth that your Majesty may appoint the Inferior Officers because omne majus trahit ad se minus It s well known when your Majesty gives Your great Ministers Sell Offices otherwise it costs Your subjects in Fees and Gratifications more than the Purchase as hereafter proposed will amount to It s therefore humbly and in all duty proposed 1. That as the present Officers have paid 7. or 8. years value for their Offices they may continue therein and when Void they may hereafter 〈…〉 plyed with experienced Clarks who may Termely pay to your Majesty in nature of First Fruits one Moyety or quarter part of the profits as they arise for such Terme of years as your Majesty shall think fit And as Commissioners are appointed to dispose of Ecclesiastical Livings so Commissioners may be appointed to take care of your Majesties profits arising thereby who may be enjoyned under great penalties to bestow Offices accordingly 2. That the Proposals extend not to any Office where the Sallaries are paid by your Majesty but such only where the perquisites are paid by Suitors as incident or appendant thereto by right 3. That an exact Table of Fees adjusted by the ablest Officers and Records due and belonging to every Office may be hung up in the respective Offices and while Officers behave themselves well tho deputed but during pleasure they may in no wise be Dis 〈…〉 Reasons or Arguments humbly offered to maintain these Proposals in all Points of Law Equity Prudence and Practice 1. The Officers by Buying have forfeited both Money and Offices and the Judges their Right by Selling or Transferring a greater Estate therein than they have the very
Records say That Officers Secundum consuitudinem Curioe are admitted gratis And Records were ever accompted sacred Ergo The custom of Selling or Vitiating sacred Records with a Gratis Admittantur falleth under this Maxime malus usus abolendus and it will not only indear the Officers to be pardoned and continued in upon their good behaviour but when their dependance is wholly upon your Majesty they will have a greater regard to your Majesties Business and Profits 2. This Method requiring no ready money will be satisfactory to all Loyal Subjects because the Sons of such as were impoverished by the late intestine Rebellion will be enabled to obtain Imployments being now incapaciated to buy or gratifie such as procure them Grants thereof Furthermore it will prevent extortion for when Officers deposite great sums of money upon Purchase or Admission to their Offices it inclines them to indirect Practices to re-imburse themselves 3. Your Majesties Fines and Amerciaments depend chiefly upon the Executive part of the Law and the honesty of the Officers intrusted therein was at a low Ebb if your Majesties Attorney Generals Reports and Experience be not mistaken Ergo 'T is prudent to oblige them in point of Interest to be carefull thereof because Officers will ever be true to their interest and yield perfect obedience to your Majesty or such as your Majesty thinks fit to intrust with the placeing or displaceing of them 4. The Author which writ the Antidotum Britanicum Fol. 202. saith It 's unjust to deny a Prince that Power which every Subject hath to place and displace or retrench his Servants That nothing contibutes more to the Grandure and Glory of a King and Kingdom than faithful Counsellors who advise the Prince what he Ought to do rather than what he May do And as an expedient to keep the Officers within the Sphear of Integrity and Justice proposeth the Example of Henry the Great of France who composed a certain number of Judges in nature of Commissioners as proposed diligently to superintend the Officers and receive Information of the People Whether they have been justly dealt with and where not and accordingly to Reward or Punish 5. The Great Chamberlain lately challenging a right to dispose of an Inferior Office as the Judges do His Lordships usage upon the hearing and Debate thereof before your Majesty in Councel was adjudged void and Sir William Jones Attorney and Mr. Finch Solicitor General and Mr. Keck of Counsel for the Patentee argued in behalf of your Majesty That your Majesty might determine the Lord Chancellors or Keepers long usage of disposing of Benefices of small value And all usages of that kind although they were impowred to do as their Predecessors had ever done who without interruption had disposed thereof because their usage began not of Right but barely by permission of Your Royal Ancestors to free themselves from the trouble of such small concernes And the late Lord Chancellor agreed thereto and your Majesty was graciously pleased to make this Remark thereon That Offices which at first were not worth any thing are now become very considerable And instanced the Cofferers-Office for one and declared That your Majesty altered the usage of Your Houshould-Servants stepping into Imployments Successively Because Your Majesties happy Restauration was formerly adjudged to be in nature of a Conquest and your Majesty was thereby impowred to do it And the Case falleth under the same Circumstances For many Offices which at first were not worth any thing are now become more considerable than the Judges Sallaries As for instance The three Prothonotaries-Offices in the Common-Pleas and the Clarks of Assizes for Yorkshire The late Lord Chief Justice Pemberton as it 's reported agreed to admit one Mr. Adderley into one of the Prothonotaries-Offices for 6000 Guinies and there be many other considerable Offices which may be executed by Deputies as well as the Custos Brevium Chyrographers or Sir Robert Henleys Office which plainly sheweth when ever Your Majesty thinks fit to dispose thereof they will be acceptable rewards to persons for their good Services and free Your Revenues from Pentions to the great satisfaction of Your Loyal Subjects 6. That private Persons who hold Courts of Record in Fee by a derivative Power from your Majesty now Sell Inferiour Offices by force of a Proviso in the Statute 5 6 Edw. 6. and permit not their Stewards or Judges to meddle with the disposition thereof who have as great Power within their Jurisdiction as the Judges have in the Superiour Courts Amulto fortiori your Majesty being Primitive and seised in Fee may do it A Particular of Offices and Perquisites in Chancery  Per Annum ll Affidavit-Office 300 Bankrupt-Office 100 Clark of the Patents 300 Six Clarks 8000 Vsher 300 Clarks of the Crown 500 Clark of the Presentation 200 Subpoena-Office 400 Cursitors 5000 Hanaper-Office 1000 Registers 2000 The profits of the Seals 6000 Inrolment-Office 306 Softning the Wax 80 Seal-Office 40 Serjeant at Arms 100 The Master in Chancery extraordinary in the Alienation-Office 80 Entring Clark 120 Clark of Indorsements 80 Receiver 140 Clark of the Statutes 80 Clark of the Appeals 40 Clark of the Leases 100 Petibag 350 Clark upon charitable uses 50 Messenger or Pursuivant 100 Enrollment Clarks of the Kings deeds 40 Two Examiners Offices 2000 Six Clarks under them 200 Six Clarks in the Rolls Chappel 300 Perquisits for Orders upon Petit. 300 Moyety of the Fines upon Originals 600 Entring Causes for hearings 800 Twelve Masters in Chancery 2000 Kings Bench per Annum  Per Annum ll Fees out of Latitats 200 Fees out of Records of Nisi-prius 500 Boxes in Court 300 Prothonotaries Secondary 1500 Coronator and Attorney 600 Clark of the Treasury 500 Proclamator 60 Fines upon Latitats 100 Clark of the Papers 100 Clark to file Declarations 50 Seal-keeper of the Bills of Middlesex 150 Clark of the Rules 400 Philazers one for each County 200 Clark of the Errors 100 Cryer in the Court 100 Porter bringing Records to be us'd in Court 10 All the Offices of Clark of Assizes 8000 Also of the Clarks of the Peace 8000 Perquisits for every Record of Nisiprius entred upon Tryals extending to all Courts Assizes and Sessions 6000 Fees out of Judgments and Bails besides Sir Robert Henleys 700 Common-Pleas per Annum  Per Annum ll Clark of the Treasury 500 Custos Brevium 800 Chyrographer 500 Clark of Recognizances before both Chief-Justices 10 Clark of the Supersedeas 40 Clark of the Errors 100 Three Prothonotaries 3000 13 Philazers one with another 5000 Clark of the Warrants and Estreats of the Courts 300 Exigenters 800 Vtlary-Office 300 King's Silver Clark 200 Clark of Essoyns 80 Jurata-Office 120 Proclamators keepers of the Courts 40 The acknowledgment of Fines 200 Fees out of Records made up for Tryal and Copies of Records 500 Box-Money 200 Fees out of Judgments Bails besides Protho-noraries 450 Exchequer per Annum  Per Annum ll Door-keeper of
the Office of Receipt 100 All the Auditors 800 Remembr of the first-fruits Office 500 The Tellers Office 1500 Messengers in Ordinary 100 Bag-bearer 20 Tally-Clarks 200 Remembrancers Offices 2000 Comptroller Secondary and several Clarks of the Pipe 500 Keeper of the Records 40 The Vnder-Treasurer 500 Marshal 80 Auditor of the Press 200 Clark of the Errors 10 Faculty-Clarks 20 Four Messengers 160 Clarks of the Office of Pleas in whose Office are four Attorneys 300 Clark of the Estreats 200 Forreign Apposer 200 The Chamberlains of the Court the Cryer and several other Cryers 200 Admiralty per Annum  Per Annum ll Register 300 Assistance to the chief Officer 100 Ecclesiastical Courts and Profits and Offices first-fruits excepted 12000 The Offices in all other inferiour Courts and the respective Counties Ports and Custom-House may in reason be valued at 12000 Offices are valued taking one with another as Sold and amount to 109714 l. per An. These profits will be in nature of Coppy-hold Estates where Fines are paid upon Death Surrender and Admission and the Officers dependance upon will be of great use and advantage to your Majesty The Green-Wax Fines by the particular valuation under every Abuse amount to 251000 l. per An. Fines upon pleas of Land 030000 l. per An. Heriots and Reliefes 045000 l. per An. Sum Total of Green-Wax Fines and Offices 435714 l. per An. Divers Branches viz. Fines upon Original Writs Fines or Amerciaments ad Finem Litis Fines upon Pleas of Land or in real Actions Heriots and Reliefs being meer Duties Your Subjects naturally love to be freed therefrom Yet Your Subjects never forego Tolls Aulnage or other Duties which they hold by Grants from the Crown and the Commissioners or Farmers of the Customes Excise and Chimney-Money never abate because the Duty is certain Lawyers Officers Attorneys Solicitors never abate of their Fees but take more which they stile gratifications so salve it with a volenti non fit injuria whereas Clyents find by experience that they are under a necessity of Feeing Gratifying and Greafing the Wheels otherwise their business goes heavily up hill and private Landlords never suffer their Stewards to abate of or Tenants to pay what Rent they please Yet the Officers of your Majesties Courts of Justice have carved out the subjects ease and their own profits with altering the ancient course of Courts to the diminution of the ancient Inhaerent Rights Profits of the Crown without an express Warrant or Commission upon Record so to do whereas the Author of the said Book intituled Antidotum Britannicum pag. 148 to 156. saith That all Monarchs and States have held for a Prime and Alphabetical Law That the publick Revenues are sacred and inaliable for when Your Royal Supports is exhausted one way or other It must be made up by Taxations upon the People which is very uneasy to them Ergo It 's really necessary for your Majesty to have Your old Profits setled to be paid in Statu quo upon the innovated Proceedings or Practice Or the honour of letting all Your subjects know That it 's Your pleasure to forgoe Your Duties and dispence with the alterations otherwise Officers will still be nibling at your Majesties Profits Et ad quam finem sese jactabit audacia is uncertain And the Judges being fully imployed in judicial matters cannot superintend the Officers And Lawyers not being educated in the Practice of Attorneys are wholly ignorant of the executive part so generally take the head Officers advice therein who are apt to speak favourably of the bridge they have gone over and your Majesties Pardons Licenses and Dispensations being matter of Record and the Judges wanting time to search and read are in a manner necessitated rather to believe Officers then go and see However the said Brunskell considering how great Officers decryed our Saviours Testimony doth bear his Affliction Patiently because his Conscience in this Case speaks peaceably to him Murus Ahaenus esto nil conscire sibi nulla pallescere culpa The other Branches of the Green-Wax Fines are penalties to be inflicted upon tricking Officers and Practicers or their Litigious Clyents to silence the too litigious Pronouns Meum Tuum in a great measure by lopping off many vexatious cross and delatory Proceedings And if Officers for fear of Punishment forsake their bad practices The benefit accrewing to and the indearment of Your Subjects thereby may tantamount the profits falling short All which is humbly submitted to Your MAJESTIES Royal Pleasure c. FINIS Capias pro Fine 1000 l. per annum Issues of Jurors 8000. l. Forfeitures or Penalties upon Actions popular Informations 10000. l. * Note The Prothonotary Robinson confessed this Abuse was true yet the Judges of the Kings-Bench Barons of Your Exchequer never made any Order to reform it Ergo if Confession which is accounted as good as 10000 Witnesses produce no better Effects What can be hoped upon the Evidence of one or two Witnesses at chargeable Tryals at Law Contempts 20000 l. Fines upon Originals 1000ll Fines before Justices in Eyre Commissioners of Sewers Clarks of the Markets 1000 l. Amerciaments in Turns Leets 1000 l. Allowances for Justices wages sav'd 3000 l. Forfeited Recognizances certified 100000 l. Forfeited Recognizances not certified 100000 l. * Note These things make Offices sell at great rates but the Wise Lord Keeper Bacon termes them the sick State of the Exchecquer and cautions Sir John Denham upon admitting him to be a Baron of the Exchecquer to provide against them Ecclesiastical Fines 6000 l. per annum Sir Francis North reports Sir Charls Harboard Sir Francis Norths Opinion Maynard Mr. Saunders Reymond Sir William Jones His reports Sir Robert Sawyers reports Pemberton Sir Robert Sawyers retractions Bishops Oaths Lord Chancellors Privy Councellors Treasurers Chancellors and Barons Oaths Judges Oath Justices of Peace High-Sheriffs Lawyers Officers and Attorneys * Spelmans Glossary * Rotl Paten'55 and 56. Hen. 3. * Inter Record apud Recept Scaccarii 4 Edw. 1. * Camden's Britannia * Vernon's Book Aligation disproved * This Duty falls under the said Brunskells care as Surveyor of the Green-wax-Fines more particularly as a Commissioner constituted in the Alienation-Office by your Majesties most Gracicious and Special Command Pâ—ee and Post Fines 30000 l. per annum Sir Robert Sawyers opinion Mr. Wards opinion * It is storyed That Bishop Lattimer upon King Hen. the 8th declaring himself troubled to see his Coffers empty Replyed That if his Majesty did but put himself into a good Office he might soon fill them Proposal