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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 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 P●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

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