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

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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 H●● 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 pr●…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