Selected quad for the lemma: peace_n
Text snippets containing the quad
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A29926
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A brief vindication of Mr. Percivall Brunskell's case with an account of twenty one years most remarkable passages.
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Brunskell, Percivall, 17th cent.
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1695
(1695)
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Wing B5234A; ESTC R38644
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20,566
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27
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paying what the Sheriff is really Damnified and the Plaintiffs full Costs may be admitted to give Bail to the Original Action and Try it Abuse 6 That the King's Duty upon Original Writs by the Contrivance of Ac Etiam Bill in the Common Pleas is not paid as it ought to be And Litigious Plaintiffs lay their Demands as high as they please to hold Defendants to unreasonable Bail and some that live remote from the Courts at Westminster being unable to give special Bail before a Judge are forced to comply with Plaintiffs unreasonable Demands or suffer long Imprisonment Remedy That the Duty be paid upon Original Writs as it ought to be and that Plantiffs find Sureties that their Demands exceed not their real Cause of Action as Anciently they did to Answer the Amerciament pro falso Clamore Abuse 7 That Sheriffs Dispence with the Statute 13 Edw. 1. Cap. 39. and Wrong the King of Fines and Forfeitures by Returning Debtors to be in Liberties and Franchises which be not and Charging the King with Wages for such Justices of Peace and their Men as did not attend at Assizes and Sessions Remedy That the Boundaries or Extent of all Liberties and Franchises as well as a Particular of all Royalties Claimed therein may be Recorded in the Exchequer in distinct Rolls for every County And that Bailiffs make Oath before some Magistrate That their Returns and Accompts of Fines Forfeitures Issues and Amerciaments are true and deliver the same so Attested to the Sheriffs And that the Sheriffs produce the same to Accompt by in the Exchequer and make Oath That they are the same unaltered Also that Wages are not Charged for any Justice of Peace or his Men but such as Actually Attended at Assizes and Sessions Abuse 8 That Officers for Bribes Discharge Criminals of Recognizances Forfeited to avoid Tryal and Wrong the King by making easie Compositions upon wrong Suggestions or drain the King's Debtors with false Returns and Respites until they be Insolvent whereby they their Wives and Children become Burthensome to the Parishes they live in or make many of them so Poor That the King gets not above 5 s. of a Real Debt of 40 l. Remedy That all Recognizances Forfeitures Issues Fines and Amerciaments may be duly Certified into the Exchequer And that the Suggestions or Grounds of every Composition be duly Recorded Abuse 9 That the King's Duty of Prae Fine is certain viz. 10 l. for every 100 l. per Annum contained in Writs of Covenant and Entry And the Commissioners make Rent Charges and Annuities though but Estates for Life pay full Duty yet Abate of Estates in Fee 7 8 or 9 l. in every Duty of 10 l. more or less by Certifying the Annual Values to be as they please and shewing more Favour to one than to another so that the Persons most favoured may attribute it to the Commissioners Kindness but cannot ascribe it to the Bounty or Goodness of the King Remedy That the Commissioners may administer Oaths as they ought to do for the Ascertaining the Annual Value of every Estate in Fee contained in every Writ and may be Impowered to Abate one half or any other certain part of the Real Duty and be enjoined to distribute His Majesty's Bounty equally and impartially by Rating all Subjects accordingly And may also Certifie the same so done by the King 's special Grace and Bounty then the King will have the Grateful Acknowledgments of his Subjects for what 's Abated Abuse 10 That many Thousand Families have been undone by Officers and Attorneys Exactions Remedy That an Exact Table of Fees be hung up in every Court and Office Abuse 11 That Offices are Bought and Sold under the Umbrage of the Proviso in the Statute 5 and 6 Edw. 6. Cap. 16. which Proviso is Misconstrued For the Reservation is but for the Chief Justices to do as they might have done formerly 18 and 20 Ed. 3. 12 Rich. 2. cap. 2. and by former Laws not Repealed they are Prohibited expresly to Sell Offices But the King may make a Revenue thereof yet doth not That the Statute 12 Rich. 2. Cap. 2. be observed and that the King take a full Years Profits payable in Two Years time as the First-fruits of Spiritual Livings are paid Attorney General North 's Reports Oct. 1674. Attorney General North's Report Oct. 1674. That the Small Fines and Amerciaments in all Courts are wholly neglected which if Carefully looked after will be of a Considerable Value and the said Brunskell deserves an Imployment therein for so useful a Discovery Francis North. His Opinion Afterward That he was glad of the Opportunity so to Report because he had often moved the Judges to take Care of Fines and Amerciaments And it was needful to Appoint a fit Person to Controul the Officers who Pocket His Majesty's Profits North being made Chief Justice of the Common Pleas Retracted his Reports because his Officers Claimed part of the Fines as their Perquisites That all the Fines and Amerciaments of Right belong to the King Sir Ch. Harboard's Report upon a full Hearing Ch. Harboard Then the Revenue arising by Fines Forfeitures Issues and Amerciaments being Represented to be of Small Yearly Value Certificate from the Pipe-Office and not worth the King's Care the said Brunskell prevailed with the Honourable Sir Francis Compton to get a Certificate from the Pipe-Office of the Value of the Green-Wax Fines brought to Accompt whereby it appeared That of 57000 l. Yearly Estreated and Returned into the Exchequer so many were Nichelled that the King got not above 500 l. per Annum Attorney General Jones Report upon the State of Abuses and Remedies That many of the Abuses are true and fit to be Redressed and all Sir VVilliam Jones Report or the greatest part may be Remedied by the Judges Orders and the Discoverer deserveth the Assurance of a Liberal Reward for the Service he hath done and may for the future do in discovering these and the like Abuses William Jones Sir William Jones being Removed the same State of Abuses and Remedies were Referred to Sir Robert Sawyer Attorney General who Reported That Great Abuses are Practised and it 's fit such Rules be made Sir Robert Sawyer's Attorney General 's Report that the King may not be injured And the Orders Proposed seem reasonable in the main to Remedy them Robert Sawyer Upon the aforesaid Reports Opinions and Certificates the Late King Charles the Second was Inclined to Grant to the said Brunskell the Office of Surveyor of the Green-Wax Fines But the Form of the Grant of the Green-Wax Fines could not of a long while be settled until Mr. Saunders afterward Lord Chief Justice Mr. Serjeant Raymond afterward a Judge and Serjeant Sympson made and certified the Draught of a Grant as followeth That a Grant Saunder's Raymond and Sympson's Opinions pursuant to this Draught is Legal in Regard all the Money is Actually brought in by the