Selected quad for the lemma: justice_n
Text snippets containing the quad
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A77719
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Mr. Brunskell's case and proposals
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Brunskell, Percivall, 17th cent.
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1690
(1690)
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Wing B5236; ESTC R205837
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10,341
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4
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Parliament 9 Hen. 3. cap. 11. 10 Edw. 1. 28 Edw. 1. cap. 4. As for instance The Upper Bench is appropriated to Matters Quare Vi Armis the Common Pleas to the Subjects business and the Ex hecquer to things purely relating to the Revenue If the Courts be allowed to proceed in the Method they are now in Proposal it may be reasonable that some provision be made that the King may have such Duties as he ever had upon the Common Pleas Proceedings Most Justices in Eyre 8 Abuse Commissioners of Sewers Stewards and Sheriffs in Turns and Leets and Clerks of Markets Estreat not their Fines and Amerciaments That the Fines and Amerciaments may be Estreated and Certified into the Exchecquer Remedy as the Statutes 51 Hen. 3. 14 Rio. 2. cap. 11. 7 Hâ—â— 4. cap. 3 11 Hen. 7. cap. 15. direct And that Bayliffs and Stewards do all things required of Sheriffs as the 27 Hen. 8. cap. 24. directs Under-Sheriffs take their Bayliffs Returns 9 Abuse De bene esse who place many Fines and Forfeitures in Liberties and Franchises which are not and the King not knowing what are his and the Lords of such Liberties having no Right thereto the Officers pocket them Also Under-Sheriffs often charge the King with Justices of Peace Wages when they attend not at Assizes and Sessions And Sheriffs and Bayliffs oppress the People by reason Sheriffs let our their Balywicks to Farm at dear Rates contrary to the Statute 23 Hen. 6. cap. 10. That exact Rolls of Liberties be made Remedy as the Statute 13 Edw. 1. cap. 39. directeth And that the Statutes 7 Hen. 4. cap. 3. 6 Edw. 1. cap. 14. 10 Edw. 1 Stat. Rutland 27 Edw. 1. cap. 2. be duly put in execution and that Justices of Peace's Wages may be paid and allowed as the Statute 14 Ric. 2. cap. 11. directeth and not otherwise And that Under-Sheriffs may receive all their Bayliffs Returns and Accompts duly attested upon Oath before fit Persons appointed to take Affidavits in the respective Counties and produce the same so attested to account by in the Exchecquer and that the Sature 23 H. 6. be put in execution That many Persons guilty of great Offences 10 Abuse often forfeit their Recognizances rather than stand Tryal by reason Officers intrusted with the Execution which is the Life of the Law for Bribes either smother the Recognizances or discharge them upon wrong Suggestions and easie Compositions to the King and make such as by inadvertency and not out of any ill design unhappily incur Penalties often paying great Sums of Money for their Quietus and Discharges and exact what they can get of the poorer sort to the ruine of them and their Families That the Clerk of Assizes Remedy Clerks of the Peace and all Officers of the Courts of Justice to whom it belongs to Record Estreats and certifie any Fines Forfeitures and Compositions into the Exchecquer may duly make up their Estreats and set down every Fine Forfeiture and Composition in particular and the Affidavits and Proofs or other matter upon which every Composition or Discharge is grounded also certifie upon every Fine or Forfeiture not discharged how the Person and his Offence doth truly appear to be that the Justices who are to approve of and sign all Estreats may correct what they see amiss and the Officers may deliver the same so certified and attested upon Oath that they contain all which came to their knowledge without Imbezelment of any The King's Duty of per Fine 11 Abuse upon Alienations is 10 l. in all Cases for every 100 l. per Annum contained in Writs of Covenant and Entry and the Commissioners make Rent Charges and Annuities for Life pay accordingly yet make Estates in Fee some times one half of the full Duty others not an Eighth Tenth Twelfth or Sixteenth part where the value of Estates and occasion of levying or suffering Fines and Recoveries differ not as the Commissioners and Attorneys contrive the matter And by reason some Commissioners are apt to rate and compound higher than others most cunning Attorneys and Sollicitors go to him will rate lowest and certifie them Affirmed to be as they make them and in Wales the Farmers screw Fines very high That the Owners of the Estates contained in Writs of Covenant and Entry Remedy or some credible Person who knows the value thereof may from time to time certifie the same by some known Attorney to the Commissioners who may be impowred to abate what the King thinks fit in ease and favour to his Subjects as for instance If the Estate be 200 l. per Annum where the prâ—…fine is 20 l. the Commissioners may abate 14 or 15 l. thereof more or less as the King thinks fit and so proportionably for Estates of greater or lesser Values and certifie the Abatement made per Mandatum Dom. Regis that the Subject may acknowledge the King's Bounty and the Commissioners may be enjoyned to Register all Proofs whereon they ground their Compositions And the general Registry may be Methodically and Alphabetically digested by Counties and lye open for any body at seasonable times to inspect gratis that in case any Fraud should afterward appear the King may know on whom to charge it That Persons aggrieved by Officers and Attorneys undue practices seldom seek Redress 12 Abuse but find the Remedy worse than the Disease by reason the Kings Attorney and Solicitor Generals practice depends on Officers Attorneys and Sollicitors bringing them Clients and the Judges take Fees in Suits which increase as Proceedings multiply and large Sums of Money for Offices and New-years-Gifts which influences them to favour Officers Attorneys and Solicitors because the Judge most favourable is sure of most Fees That the Attorney and Solicitor-General may have such Salaries as the Judges have to acquit their private Practice Remedy and addict themselves to popular Actions Informations and Pleas of the Crown and that the King dispose of all Offices as proposed and take the Duties arising upon Proceedings in Law and Equity into his own hands that the Judges who are to correct Officers Attorneys and Solicitors may be interested to serve the Publick The Law to avoid partiality provides 8 Rich. 2. cap. 2. 23 Hen. 8. cap. 24. That no Man of Law shall be Judge of Assize where born and undoubtedly the Statutes 18 20 Edw. 3. were intended for that purpose Whereas some thousand Families are ruined by Attorneys and Sollicitors unreasonable Bills of Cost 13 Abuse and Officers Exactions That the Statute 3 Jacob. 1. cap. 7. and other Laws against Extortion be put in Execution Remedy and a Table of the just Fees of every Officer be duly hung up in the Treasury of every Court and Office Now whereas the Administration of Justice depends on the right Construction and Execution of the Laws in being and the Lord Chief Justice Coke saith Cok. Inst 1 part
fol. 234. That Justice will never be administred whereby Religion Liberty and Property will be invaded unless Officers come to their places as the Law requireth And whereas to avoid partiality it 's provided by the Statute of 8 Rich. 2. cap. 2 and 33 Hen. 8. cap. 24. That no Man of Law shall be Judge of Assize where born and whereas the said Laws of 18 and 20 Edw. 3. 12 Rich. 2. c. 2. and 5 and 6 Edw. 6. cap. 16. were made for the due and impartial Execution of Justice and whereas the Statute of 27 Hen. 8. cap. 24. restored divers ancient Authorities and Prerogatives of Justice to the Crown which were severed and taken away by express Grants and gave no Compensation to the Grantees because their Estates therein were to the great detriment and diminution of the Royal Estate and great delay of Justice And whereas the Grievances aforesaid may be redressed by a due Execution of the Laws in force that are not Repealed it s to be hoped the Parliament will advise and counsel his Majesty to dispose of Offices as aforesaid and take away such Fees and Perquisites from Ministers as impede and hinder a right and due Administration of Justice and diminish the Ancient Revenues of the Crown Opinions and Reports of Councel and others in the Reign of King Charles the Second in behalf of Mr. Brunskell Attorney-General North's Opinion in October 1674. THat the small Fines and Amerciaments in all Courts are wholly neglected which if carefully looked after will be of considerable value And the said Brunskell if His Majesty please to favour him deserveth an Imployment therein for so useful a Discovery Fr. North. Upon his Retraction being referr'd to Sir Charles Harboard he reported THat all the Fines are agreed to be due to the King Ch. Harboard Upon the Officers denying the Abuses to be true the state thereof was referr'd to the Examination of Sir William Jones who reported THat Many of the Abuses are true and fit to be remedied and all or the greatest part may be redressed by the Judges Orders in the respective Courts And the Discoverer deserveth all due Encouragement for the Service he hath already done and may for the future do in discovering these and the like Abuses also the assurance of a liberal Reward Will. Jones Afterward the same state of Abuses was referred in like manner to Sir Robert Sawyer THat great Abuses are practised by Clerks and it 's fit such Rules be made that His Majesty may not be injured and the Orders seem reasonable in the main to remedy them R. Sawyer Upon a draught of a Warrant for a Pattent intended to be granted to the said Brunskel of the Green-wax Fines he obtained the Opinion of the Persons as follows THat a Patent pursuance to this Warrant is Legal in regard all the Money is actually brought in by the usual and legal Process of the respective Courts So that the Subject is not vexed with any new way of Collecting or Process but things run in their usual Channel Jo. Simpson Edm. Saunders Tho. Ramond I Am of Opinion the King may legally grant what is premised and such Grant in good hands will be helpful to the Administration of Justice Will. Williams The Earl of Anglesey's Opinion I Know very well that this Grant will be for the ease and benefit of the poorer sort of Subjects who are now miserably oppressed by the Exchecquer Officers which makes 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 The Master of the Rolls's Certificate upon the Lord Keeper North's misrepresenting the said Brunskell I Know Mr. Brunskel to be a fit Person to be imployed 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. Grimstone Opinions about Presines upon Alienation WHere the certainty appeareth what His Majesty's Duty is the Commissioners cannot abate thereof having no such Power by their Commission And in Case the Method observed by former Commissioners be found greatly to His Majesties prejudice others more beneficial may be Law be prescribed R. Sawyers IF His Majesties Duty be certain in itself I cannot see how the Commissioners can lessen or abate it without an Authority from the King Every Person intrusted in His Majesties Revenue is answerable to His Majesty for the Execution of his Office and by Suit in the Attorney-General's Name being convicted of any Fraud or wilful breach of Trust to His Majesties damage is liable by Law to make the same good Edw. Ward King Charles the Second upon the aforesaid Opinions which are That he might legally grant the Green-Wax Fines did Anno 30. of his Reign Grant one Moiety thereof to the said Brunskell and others at and under the yearly Rent of 250 l. for 31 Years But the Lord Chief Justice North prevailed to have a Clause inserted That it might be lawful for the King in Councel to revoke the same upon due proof of any Inconvenience to the Crown thereby And without any proof thereof the said Grant was soon after represented illegal and revoked Now 't is adjudged legal and granted to the Right Honourable William Lord Pawlet King Charles the Second upon the Revocation of the said Grant gave the said Brunskell a Commissioners place in the Alienation Office and granted to him the Office of Surveyor of the Green-Wax Fines but the Lord Chief Justice North and Officers would not suffer any Rules or Orders to be setled to enable the said Brunskel duly to execute either of the said Offices and did cut short and stop his Salaries till the King died and the late King took away both the said Offices from the said Brunskell Upon this happy Revolution the said Brunskell petitioned to be restored and upon Reference of his Petition with a State of the said Abuses to the said Barons of their Majesties Exchequer they Reported severally That the said Brunskell was a Person well qualified And the Right Honourable Sir Robert Atkyns more particularly Reported who was one of the Judges in the Common Pleas at the time of the said Brunskill's Discovery and at every Hearing before his Majesty in the Treasury Countenanced it while he continued Judge in the late Reign of the said King Charles the Second Sir Râ—bert Atkyns's Report I Find the Petitioner had formerly a Grant of the Office of Surveyor of the Green-Wax and hath taken pains to inform himself in the Abuses of that Revenue and hath good Experience in the managing of that and the other Office mentioned in his Petition and is every way qualified for them 24 May 1689. Ro. Atkyns The Contents of a Certificate of Fifty Members of the late Parliament upon perusal of Mr. Brunskell's Case THat as the said Brunskell was placed in the said Ofâ—â—â—â—â— upon Merit and removed by the late King he ought in Justice to be restored as an Object of his Majesties Bounty and fitly qualified for the said Offices and that an Application to Parliament is improper unless he meet with Disappointments The Duke of Bolton's Certificate THese are to Certifie the Right Honourable the Lords Commissioners of their Majesties Treasury That the King hath graciously promised me to restore Mr. Brunskell to his Office of Surveyor of the Green-Wax Fines and to his Commissioners Place in the Alinaation Office 30 April 1689. Bolton The aforesaid Abuses Reports Opinions and Certificates were duly presented to the then Lords Commissioners of their Majesties Treasury and many Petitions with the same annexed for a Hearing yet obtained it not till about the Twenty ninth of Septemb. last when both Offices were disposed of And the present Lords Commissioners assisted with the Right Honourable Sir Robert Atkyns and their Majesties Attorney General did think fit to have the said Brunskell make his Application to Parliament which he hath accordingly done The said Brunskell lost 300 l. per Annum which he got by his Practice before he made this Discovery in October 1674. and had 60 l. per Annum in Fee 500 l. in Money and hath lost all and contracted Debts upward of 2800 l. by the ill usage he hath met with in the late Reigns for making and proseâ—…ing the Discovery how the just Rights of the Crown and the Liberties of the People are invaded by Judges and Officers undue Practices in discharge of his Oath which obliged him to maintain and defend the Kings and Peoples just Rights and discover what he knows to be done or suffered to the prejudice of either Therefore the said Brunskell prays this Honourable House to Redress the Grievances and Relieve him as to your Honours VVisdoms may seen meet and just That your Petitioners Suffering may not make good Men afraid to discharge Oath and Duty and ill Persons in Office worse FINIS