Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	line_n	page_n	read_v	2,533	5	12.1252	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A29929	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 resolutions of the judges and lawyers, and the experience of persons of all ranks and degrees in all ages.	Brunskell, Percivall, 17th cent.	1684 (1684)	Wing B5238; ESTC R31991	33,087	115

the Crown The Antiquity and great use thereof p. 70 to p. 75. The reasons of the Law in devesting Judges of their pretended Power to sell Offices and many Reasons and Arguments that the Judges have no Power to sell or to admit persons into Offices durante bene se gesserint p. 75 to p. 82. Proposalls humbly Offered to your Majesty for disposing of Offices p. 83. 84. Reasons or Arguments to maintain the proposals good in all points of Law prudence and practice from p. 85. to p. 90. A Particular of Offices p. 91 92 93 94. What the Profits of Offices amoumt unto and the nature of the Profits accruing thereby p. 95. What the Profits of Greenwax-Fines Pleas upon Land Heriotts and Reliefs amount unto p. 95. The nature thereof Ibid. Instances which Reprove the Officers for Remisness in this Case p. 96 97. How Judges are Misguided by Officers and Attorneys p. 98. ERRATA PAge 24. Line 18. Read Judicial p. 25. l. 11. read Purprestures p. 56. l. 19. r. Mortgagees ibid. l. 12. r. Quia for Qui. p. 62. l. ultima r. Commission p. 66. l. 16. r. 40s p. 71. l. 6. read pr. A. l. 10. r. praefat ' B. l. 11. r. praedict ' A. THE VINDICATION OF Mr. Brunskel's Discovery of ABUSES And of his Proposals to Remedy them SHeweth Abuse 1. That diverse Proceedings whereon Your Majesties casual Revenues arise are never recorded because the head Officers forsaking the old practice to record Proceedings before any thing be done thereon take their own and Judges Fees upon signing thereof leave the Attorneys to record them when as they please whereby they often deceive your Majesty of your Capias pro fine and put your Subjects to the trouble and charge to record divers Judgments upon Post-Rolls two or three Terms afterwards But if the Paper Copies be lost as some have been Your subjects lose their Debts thereby This may be prevented if Your Majesties Surveyor and his Deputies may have the signing of all Proceedings for security of Your Majesties Profits as the Officers have for the security of their own Judges Fees keeping in like manner a settled Office in or near the Seal-Offices of every Court for conveniency of Attorneys to repair unto Because the Surveyor is bound in point of interest without the obligation of an Oath to be true to your Majesties interest whereas the head Officers interest oppose your Majesties Therefore as Judges and head Officers understanding Attorneys tricks not trusting their own Fees to be paid according to what the Attorneys and Practizers in the voluntary performance of their Oaths and Duties Record ever subjected them to reasonable Methods upon prudent Surmises without formal Tryals and Convictions by Suits in Law or Equity as fully appeareth by the Remembrances and Records of every Court. And the Judges frequently stop Suiters motions untill Affidavits be fyled and Officers Fees paid Ergo being enjoyned by the Statute 18 Ed. 3. to do all reasonable things to procure your Majesties profits They may subject the Officers to this Method or reduce them to the first practice as your Majesties Attorney General advised to be done for your Majesties interest because it 's impossible to know what Officers neglect unless it be known what Officers ought to Record and Estreat 2. Abuse That Your Majesties Fines upon Judgments quod capiatur in all Courts amount at least to 1000 l. per annum but Officers without any Grant or Warrant from your Majesties Royal Ancestor's or Treasurers buy necessaries for the Judges and repair the Courts therewith and detain part as Fees due to themselves and render no accompt thereof into the Exchequer as they ought to do Also oppress poor people by running them to the Outlawry putting them to 3 or 4 l. charge in the Common-Pleas where your Majesties Fine is but 6 s. 8 d. And to 10 l. charges in the Kings-Bench being forc'd to appear personally whereby your Subjects pay ten times more than your Majesties duty This may be prevented if Officers account in and receive a Warrant from the Exchequer for their Allowances as other Accomptants do And if Officers discretionarily tax or add to the Suitors Costs so much as the Fine upon the Judgment quod Capiatur doth amount unto and take a Memorandum from the Attorney to take care to see the same paid when the Costs are levied as the Officers used to do for their own damage clear because Costs by the Statute 23 Hen. 8. Chap. 15. may be taxed more or less discretionarily as they please and by this means your Subjects will be free from paying more than the duty The present Lord Keeper by a Derivative Power from your Majesty granteth relief even where the Laws are deficient And the Statute 18 Ed. 3 now in force enjoyneth his Lordship and all the Judges to do all reasonable things to procure your Profits And the Statute 13 Ed. 1. cap. 50. provideth where the Law faileth of a remedy it may be supplyed by your Majesties writ Ergo your Majesty wants not equitable or legal means to secure your Fines with ease and relief to your Subjects as proposed 3. Abuse That Officers and Clarks for Bribes and Rewards withdraw Issues of Jurors which in England and Wales amount unto 8000 l. per annum whereby Juries are supplied with indigent Free-holders de circumstantibus which Under Sheriffs or Bailiffs at the instance of their corrupt Clients may have packt there being little or no time to enquire of their Credit so as to challenge them which occasioneth corrupt Virdicts And vexatious Plaintiffs frequently make Defendants dance attendance two or three Assizes to draw them to comply with their demands whereby the Gentlemen at first impannell'd being still return'd as Jurors are forced to the trouble and charge to attend old Causes This may be prevented if Officers to whom it belongs record all the Judges Orders as well general as particular distinctly in a Book or Parchment-Roll then the Officer or Clark withdrawing Issues without the Judges directions may be easily discovered and convicted And if Under-Sheriffs return Free-holders to serve in their turns then Gentlemen in all or most Counties will not be returned above once in three or four years nor be forced to attend old Causes This will make Gentlemen willing to be Jury-men And if your Maiesty have not many Forfeitures your Subjects will be endeared with good Juries Ergo Reasonable 4. Abuse That penalties upon Actions-popular and Informations amount at least to 10000 l. per an and the Suits ought not to abate without your Majesty or Judges privity to the end that the wilful Breakers or Non-observers of the Laws or the malicious Informers or Prosecutors giving your peaceable Subjects disturbance without just cause may be punished But at this day due care is not taken to record Plaintiffs Names in Actions-Popular and Informations before Process for the Arrest issue out whereby litigious persons may