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
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
together whereas Agreived Subjects may sue by Indictment Bill Plaint or Information Ergo An Information is a Popular Action And now it s Alledged That it was proved before your Majesty in Council That the said Brunskel did not Fee Lawyers and Officers as pretended whereas the said Brunskel never heard it mentioned If he had he could certainly have produced the Accompt to shew how he had equally expended with the Earl of Yarmouth and more than any of his Partners in procuring and passing your Majesties Grants And if it had been usual he would have had Acquittances for the Fees and Gratifications which he gave them However the Countess of Yarmouth who best knoweth what Fees were given and whom can if need be give your Majesty a full Accompt thereof The ill success of the Farmers of the Law Duty after conviction of Attorneys Officers and Soliciters upon chargeable Tryals at Law and the great Oppositions which the said Brunskel hath met with sheweth what encouragement is given to Prosecute and Convict Officers of Frauds and Concealments for your Majesties Service Ergo The first Reports of your Majesties Counsel Judges and Officers Confessions Statutes Oaths and Presidents in the Affirmative the premises considered may well out-ballance all their latter Reports and Allegations And influence your Majesty to believe That Great Abuses are Practiced and fit to be Remedied As to the Praefines upon Pleas of Land The said Brunskell and Mr. Charles Myddelton obtained your Majesties gracious promise to be Commissioners in the Alienation Office before Mr. Bertne Sir E. Turner or Mr. Courthope addressed themselves to your Majesty and being joyntly Commissionated or Deputed by the Lords Commissioners of your Majesties Treasury with the said Bertue Sir E. Turner and Courthope in order to improve this branch of your Majesties Casual Revenue acquainted their Lordships That your Majesties Duty is Certain viz. 10 l. for every 100 l. per Annum according to the improved Annual values as appears by Rastalls New Natura Brevium under the Title Deceit and by Rents and Annuities and all Estates have certain values Qui id certum vocari quod certe reddi potest And Fines and Recoveries being the fund of this Duty Dock old sleeping Intails Bar Feemes Covert Secure Purchasers and Morgages after five years non Clame which no other Conveyance can do The present Commissioners by under-rating Estates abate 1200 l. in every 1500 l. of the real Duty which sheweth your Majesties profits in a moderate way of rating may be improved to 30000 l. per Annum and more if Ejectment to try Titles were rated to pay as Formedons used to do The Rates or Methods which the present Commissioners observe appear to be Arbitrary and very inconvenient for they never abate of the full Duty in Rents and Annuities or certifie the Values otherwise than they are because they want a Commission or Authority to abate where the Values are known yet they rate other Estates five times lower than they appear to be by the Parties own Confession and to Cloak it certifie upon the back of every Writ that the Annual Values are affirmed to be as they rate them whereas Deceit being Malum in se is dishonourable seeing veritas non Angulos querit but more especially in this Case because Your subjects may infer from thence that it 's not your Majesties pleasure to abate of the full Duty in any Case and Your subjects in Wales Durham Lancaster and Cheshire complain of paying more to Farmers than their fellow Subjects pay to your Majesty and Younger Children and Poor People in all other parts of your Kingdom Complain That even right is not done to them as the Statute 20 Edw. 3. directeth because their Rent Charges Anuities and whole Estates pay after the rate of 25 l. per Cent. and great Estates pay but 5 l. per Cent. at most and rating great Estates higher or lower upon different occasions As for instance Setlements lower than Purchases and Mortgages lower than Setlements maketh your Subjects think the Duty Arbitrary who are apt to blame their Attorneys if their Fines be not low because all Your Subjects naturally love to be freed from Duties Therefore Attorneys wrangle with your Majesties Commissioners for an Abatement to please their Clyents which being obtained is rather attributed to the Commissioners kindness than you Majesties Bounty So your Majesty neither gets your Duty nor grateful acknowledgments inlieu thereof Yet the Commissioners to excuse themselves alledge their Case to be like the Officers of the first-Fruits who have established values and no power to Administer Oaths to discover any other Therefore make all Spiritual Persons pay equally and proportionably thereto But the Commissioners in the Alienation Office have a Master in Chancery assigned who sits in the Office on purpose to Administer Oaths to discover the improved Values of Estates That your Majesty may not be deceived therein And it 's impossible to take measures by the rates of former Commissioners because Estates between one time and another are clogged with or disburthened of Incumbrances and daily improve or impair It appeareth by the old Books That Lamberd and Fortescue who were the first Commissioners upon the erection of this Office ever Administred an Oath to discover the real Values of Estates untill they found by experience that Attorneys and Solicitors or their ill principled Clyents got Knights of the Post to under-swear them then they omitted the Oath to rate disseretionarily higher for their Masters service as they might Lawfully do because their Master the Earl of Leicester was absolute Farmer answerable for nothing but the Rent while they rated Estates within their real Annual Values but the present Commissioners Case is far different because the surplusage of the profits as well as the Rent is to be accompted for and answered to your Majesty for your Majesties Grant to the Lords Commissioners of Your Treasury is only a trust for continuing the Office to free Your subjects from the chargeable Formes of the Courts Upon these considerations Sir Robert Sawyer and Mr. Ward gave these following Opinions Where the certainty appeareth what your Majesties Fine is The Commissioners cannot abate thereof They having no such Power by their Commission And in case the Method observed by former Commissioners be found greatly to your Majesties prejudice others more beneficial for your Majesty may by Law be prescribed I suppose Fines and Recoveries are seldom Levyed but where the necessity of the Case requires them Neither do I know how they can be avoided or supplyed by any other sort of conveyance to secure Purchasers Morgages c. R. Sawyer If your Majesties Duty be certain in it self I cannot see how the Commissioners without an Athority mediately or immediately from your Majesty can lessen or abate it Every person intrusted in your Majesties Revenue is answerable to your Majesty for the execution of his Imployment And by Suite in the Attorney
Generals name being convicted of any Fraud or wilful Breach of his Trust to your Majesties damage is lyable by Law to make the same good E. Ward The said Myddelton and Brunskel not only presented the Lords Commissioners of your Majesties Treasury with these Opinions but further acquainted their Lordships That it was impossible to Improve or Manage this Branch of your Majesties Revenue well unless the said Bertue Sir E. Turner and Courthope were under an obligation restriction or limitation in point of Interest to be as industrious as the said Middelton and Brunskel to serve your Majesty 1. Because they were constituted Commissioners upon a Suggestion That it was not to be Improved or Better managed than they had done it Ergo An Improvement or better Management Convicteth them of ignorance or wilful Breach of their Oaths and Duties 2. The present Commission 〈…〉 Limitteth three to be a Quorum Ergo They may Rate anddo as they please But the said Middleton and Brunskell can do nothing without them 3. The Custom for any Commissioner alone to rate Writs in or out of the Office cannot be avoided because Persons passing Fines and Recoveries upon emergent occasions cannot wait Office-hours nor until a Quorum can meet and while Mortgages are rated lower than Setlements and Settlements lower than Purchases The said Bertue Sir E. Turner and Courthorpe to ingratiate themselves with great Men and their Adherents may under-rate Estates to your Majesties prejudice and hinder an Improvement and Attorneys to please their Clyents will ever go to the Commissioners interested to rate low and if Writs by them rated should be stopt until a further Enquiry be made it will give a general disturbance to business and may be more injurous to Your Subjects Levying Fines and suffering Recoveries upon emergent occasions then waiting until a Quorum can meet Ergo It 's necessary to reduce the Commissioners to a certainty as for instance Suppose Estates appear to be 100 l. per Annum they may be limited to rate every 100 l. per Annum as 30. 40. or 50 l. and less where Fines and Recoveries be Levyed and suffered of the same Estates between the same parties within a year or two And in this manner your Majesty by declaring Your pleasure to abate more or less may make the Duty more easie and grateful than the said Bertue Sir E. Turner and Courthopes Methods now render it to your Subjects And by this means your Majesty may be freed from the Sallary of a Master in Chancery extraordinary And when Attorneys or their Clyants know before hand what they have to pay they will not wrangle with your Commissiners for an abatement but readily pay as they do in Rents and Annuities And if they deceive your Majesty by misinforming or concealing the true values from Your Commissioners It may be discovered upon a Melius Inquirend ' And two or three Exemplarily punished for fraud or deceit will set things right The said Myddelton and Brunkskell frequently petitioned the Lords Commissioners to Cancel their present Deputation or Commission by an Order or Instrument in Writing to give them such Methods as their Lordships thought fit or confirm such as the said Myddelton and Brunskell had proposed for your Majesties Service or joyn them with more equal yoak-fellows But their Lordships giving no answer thereto the said Middelton and Brunskell Petitioned and Proposed to abate 6 l. 10 s. in every 10 l. of your Majesties real Duty of Prefine and to be limited not to exceed that rate and to improve that Branch of your Majesties Revenue thereby 1000 l. per Annum de claro to your Majesty and pay the said Bertue Sir E. Turner and Courthope their Salaries to sit still or accept their own and acquiess Also acquainted their Lordships That Fines and Recoveries were seldom or never Levyed or suffered before the necessity of the Case required them Because the Judges Attorney General Officers and Attorneys Fees amount to 6 or 7 l. upon every Recovery with single Voucher To 10 or 11 l. upon Double Vouchers And 15 or 16 l. upon Treble Vouchers And upon every Fine Levied to 4 or 5 l. whereof they never abate though the Estate exceed not 40 l. per Annum where your Majesty in pitty thereto taketh nothing And your Subjects are at great expences besides these Fees in Travelling to London Assizes and other places to acknowledge them before the Judges or Special Commissioners And if Fines and Recoveries happen to be levyed before the necessity of the Case require Estates may thereby be put into a posture to be Morgaged Setled or Sold and Vendees Mortgagees or Persons bestowing their Daughters in Marriage may be satisfied without a further Fine or Recovery thereof and then your Majesty is deceived The Farmers in Wales Durham Lancaster and Cheshire where this Duty hath been Farmed ever since it had its rise and beginning following the steps of their predecessors rate as high for themselves as the said Middelton and Brunskel have proposed for your Majesty and the Farmers must pay their Rent out of their own Pockets if they by ill management dwindle the Duty to nothing whose interest and experience the Premises considered may reasonably out-ballance the said Bertue Sir E. Turner and Courthopes Allegations who have certain Sallaries whether your Majesties profits be little or much And although the Lords Commissioners have not altered the said Middelton and Brunskels Commission nor joyned them with better Yoke-fellows nor confirmed the Rates or Methods proposed nor prescribed better nor enjoyned the said Bertue Sir E. Turner or Courthope in point of interest to improve this Revenue Yet have stopt the said Middelton and Brunskels bare Sallaries to defray the Lady Plymouth's Pention who never received any thing for Dyet and Board-Wages And the said Bertue Sir E. Turner and Courthope who ever received Sallaries besides 100 l. apiece for Dyet and Board-Wages are now permitted to receive theirs It 's endless to repeat how Officers misrepresented the said Brunskel to hinder him to be a Commissioner until the late Master of the Rolls Marquess of Winchester and Mr. Coats now secondary of the Common Pleas with whom the said Brunskel was Educated in the Practice of the Law not only gave an experimental Character of him for Integrity and Ability but were willing if need be to be Security for his faithful performance And how Officers who sit Rich and Warm detry this Duty as displeasing to some but never acquaint your Majesty how grateful it will be for your Majesty to take and give it to Your Loyal indigent Souldiers and Servants or indear Your subjects of whom your Majesty may demand it with a General Gift Grant or Pardon of all or what part thereof your Majesty in Your Royal Wisdom thinks Fit The said Brunskel therefore humbly and in all Duty appealeth to your Majesty the Premises considered Whether he or the said Bertue Sir E. Turner and Courthope deserve
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
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