their Predecessors ever injoy'd them This allegation may be presumed to be a great mistake For amongst all the things granted or allowed to them or their Predecessors there is not the least mention of these Fines and the Judges have resolved in the Earl of Devonshire's Case That a long Enjoyment by force of general words in Letters-Patents cannot create a Right in Law to any Profits of the Crown Also the Statute 1 Hen. 4. cap. 6. provideth That nothing shall pass out of the Crown without it be expresly named and granted And it 's well known that the late Lord Keepers and Chancellors have other and greater Sallaries and allowances particularly granted by your Majesties Royal Father and Grandfather then their Predecessors ever enjoyed and Qu. Elizabeth granted and King James confirmed a Moiety of all Fines upon Originals to the Cursitors in Fee Ergo Your Majesty hath a Right to take or grant the other Moiety This may be prevented if head Officers in every Court to whom it belongs keep an exact Bill of Pleas and record all Contempts therein as soon as committed and set the Fines and Amerciaments presently taking it pro confesso if the person or Officer offending at the day given or before do not appear discharge himself that he is guilty Your Majesty may lay Your old dutyes upon the original Process now used or reduce the Courts to their first Establishments seeing the Judges and Officers forego not their own Fees and persons holding Tolls and Franchises by grants from the Crown permit no Encroachments And all Loyal and Ingenious Subjects know that Your Crown cannot be supported without Royal aids or duties which must Issue out of real or personal Estates Trade Proceedings at Law or Offices And when your old dutyes fall short to defray Your necessityes it forces Your Majesty to ask new Supplyes wherewith all Your subjects are generally Taxed For that reason when it was perceived That the Crown was deceived of a duty by projected Recoveryes It was Enacted by the Statute 32 Hen. 8. cap 1. that Writs of Entry shall pay as much as Writs of Covenant in Chancery 9. Abuse That Fines and Amerciaments set by Justices in Eyre Commissioners of Sewers and Clarks of the Markets are not estreated which amount to 1000 l. per annum also Amerciaments in Sheriffs Turns and Leets amount to 1000 l. per annum at least there being at least 600 Hundreds in England and Wales besides many Mannors wherein Courts are holden twice a year and all the Amerciaments not granted away belong to your Majesty yet due care is not taken thereof as the Statute 14 Rich. 2. cap 11. and 11 Hen. 7. cap 15. direct which the Attorney-General hath reported ought to be observed and Bailiffs of Liberties observe it not tho enjoyned to do all things required of Sheriffs by force of the Statute 27 Hen. 8. cap 24. This may be prevented by charging the Justices in Eyre and Commissioners of Sewers to take care of their Clarks also by charging the Clarks of the Markets to Estreat all Fines and Amerciaments into the Exchequer And if Amerciaments in Turns and Leets be estreated and returned to the Sessions as the Statute 11 H. 7. cap. 15. doth direct Duplicates may be returned from thence to the Exchequer to charge Accomptants therewith Your subjects presuming to have a Right of Common or the like not worth 2 d. will be at expensive Suits to preserve their Rights a multo fortiori your Majesty may preserve yours because these Fines and Amerciaments being contingent things may happen at one time or other to be very considerable in all Courts throughout the Kingdom and all Stewards and Clarks of the Peace are enjoyned by Oath and Duty to do as the Statute directeth and Your subjects Rights and Liberties cannot be injured by adjusting your Majesties Rights Ergo Reasonable 7. Abuse That the Officers of the Exchequer disobeying the Barons Orders permit Under-Sheriffs to take their Bailiffs Returns and Accompts de bene esse and pass them as true in the Exchequer whereby Wages are allowed for the Clarks of the Peace as Servants to the Justices not attending at Assizes or Sessions whereas they are no Servants within the meaning of the Statute 14 Rich. 2. to whom Wages ought to be allowed and there being two Thousand Justices of the Peace in England and Wales a fourth part may be modestly reckoned not to attend at one and the same time whose Wages computing the Petit and grand Sessions and Assizes in every County one with another at 4 s. per diem and 2 s. for their Men for every days non-attendance amount to 3000 l. per annum and upwards whereof your Majesty is wronged and the Justice get not a farthing This may be prevented if wages be not allowed upon Under-Sheriffs Accompts to Clarks of the Peace deputed by the Custos Rotulorum or any other as Servants to any Justices of the Peace unless the Justices themselves do attend at the Assizes and Sessions as the Statute 14 Rich. 2. cap. 11. doth direct and that the Bailiffs or others who pay the Justices Wages may attest his or their accompts upon Oath before a Magistrate appointed to take Affidavits particularly shewing what they pay and to whom that Under-Sheriffs may produce the same to accompt by in the Exchecquer as the Barons have ordered because the Under-Sheriffs swearing their Bailiffs returns to be true for ought they know signifies nothing for that reason divers Under-Sheriffs formerly passed their accompts by Proxies 8. Abuse That the Nomina Villar ' whereby the Boundaries of Liberties are now adjusted were taken at first upon the Information of Under-Sheriffs who received the same from their Bailiffs de bene esse without further Enquiry thereinto To prevent this Sheriffs for the future may take Indentures of Bailiffs of Liberties to execute all Process as the Statnte 12 Edw. 2. chap. 5. doth direct and return such as particularly relate to your Majesties casual Profits into the Court of Exchequer that Officers may know on whom to place the accompt thereof also that the Boundaries or extent of Liberties may be diligently inquired into and ascertained by the Verdicts of substantial Juries so be made good matter upon Record for the future For as private Lords and Parishes yearly surround their Boundaries to prevent encroachments a multo fortiori your Majesties ought to be enquired into and ascertained by good matter upon Record 9. Abuse That the Recognizances of solvent persons generally compounded and withdrawn amount unto as much or more than such as be estreated and the Recognizances which are now estreated amounting to 100000 l. per annum would be likewise compounded or withdrawn if the poor people were able to satisfie the Officers demands for the Clerks of the Peace seldom take less than 16 s. Clarks of the Assize 3 or 4 l. and Officers of the Exchecquer 7 or 8 l. whose Fees exceed not 3 l. to
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
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
punishable for Frauds Deceits by the Statute 3 Ed. 1. cap. 29. And every Subject by the Statute 7 Jacobi cap. 6. is obliged by Oath and Duty at the Age of 18. to defend the Rights of the Crown And Great Ministers and Officers not only to take that Oath but upon every admission into any Office or Imployment more particularly Sworn as followeth Bishops are particularly to assist and defend all Jurisdictions Priviledges Preheminences and Authorities Granted Belonging Vnited or Annexed to the Crown c. The Lord Chancellor is truely to Counsel your Majesty and not to know or suffer the Hurt or Disherison of your Majesty nor the Rights of the Crown to be in any stress And if he cannot hinder it He is to make it expresly known to your Majesty with his true Advice and Counsell and to do and purchase Your Majesties profits in all things c. Privy Councellors if they know of any thing attempted done or spoken against your Majesties Person Honour Crown or Dignity Royal are to withstand it to the utmost of their power and to advertise your Majesty thereof and to assist and defend all Jurisdictions as in the Bishops Oath c. The Treasurers Chancellor and Barons of the Exchequer are not to disturb nor respite Debts where they may be Levied to take Fee or Robe of none but your Majesty and where they understand of any wrong or prejudice done to your Majesty they are to use their power and diligence to redress it And if they cannot they are to inform your Majesty c. Judges are to Counsel your Majesty in Your needs and not to Counsel or Assent to any thing which may turn to your Majesties hurt or disherison They are to do even right to Poor and Rich and not take privily or apart any gifts or any other thing which may turn to their own profits nor Fees or Robes of any but your Majesty They are to do and procure your Majesties profits in all things where they may reasonably do it And upon default in any point shall be at your Majesties will of Body Lands and Honour c. Justices of the Peace are truly to cause all Issues Fines and Amerciaments before them to be entred without concealing or imbezeling any and truly to send them into the Exchequer they shall not Let for gift or other Cause but are well and truly to do their Office High-Sheriffs are not to assent to the Concealment of your Majesties Rights or of Your Franchises and wherever they know of any thing concealed or withdrawn they are to cause it to be restored or certify your Majesty thereof They are not to respite your Majesties debts for any gift They are truly to acquit at the Exchequer all those of whom they receive any thing of your Majesties debts and truly to return and serve all your Majesties Writs and admit none to be their Vnder-Sheriffs or Clarks of the last year and shall make each of their Bayliffs to take such Oath as they take and shall not let their Sheriffwick or any Balywick thereof to Farm Lawyers Officers and Attorneys are sworn to assist and defend the Crown To do no falshood nor consent to any to be done to your Majesties prejudice But if they know of any they are to give notice to the Lord Chief Justice or his Brethren that it may be Reformed and the Prothonotaries Clarks of Estreats and Philazers are truly and diligently to Record and Extract all Fines Issues and Amerciaments and to inform the Chief Justice if they know of any thing neglected concealed or withdrawn And the experience of former Ages teacheth by the exemplary punishment of divers Judges by Death Fines Imprisonment and Banishment when they had Fees as well as their Officers which increased or decreased as Suits were delayed and Proceedings multiplyed and took New-Years Gifts and Money for Offices they did not put the Laws in execution against Officers Therefore the Statutes 18 and 20 Ed. 3. and 12 R. 2. And other good Laws were made and provided still in force to prevent corruption Because Justice is to be done without respect of persons Et nemo debet esse sapientiorem Legibus And in the Earl of Devonshires Case 4 Jacobi the Profits of the Crown are resolved to be Ornamenta Pacis Firmamenta Belli and of so high estimation that every body is bound to promote them Also resolved in Vaughan's Case 39 and 40. Eliz. That a Fine or Amerciament is due to your Majesty upon every Contempt or Disobedience of Writs or Process Therefore Judgments were set aside for omitting to record persons in misericordia and the very small Amerciaments were duly estreated as appears by Rastall's new Natura Brevium under the title of Beecher's Case in Cooke's Reports and Original Writs at this day command pledges to be taken for them and the Citizens of London farming the Green-Wax-Fines of your Majesty in the City by a Derivative Power ever took the small Amerciaments which your Majesties Officers neglect who enjoy divers Fees Perquisites out of every Warrant of Attorney and other things exceeding 200. per an to take care thereof if persons were compell'd to find real pledges as the Law directs and Amerciaments were truly estreated ad finem litis it would prevent frivolous Suits and fictitious Pleadings to delay Suitors for Amerciaments have been affeer'd upon litigious Plaintiffs or Defendants to 20 l. by Neighbours who best knew the Parties and their Offences by the Statute 9 Hen. 3. cap. 14. And it 's well known that Fines inflicted fall not upon High-Sheriffs as pretended but upon their Under-Sheriffs Bailiffs or litigious Clients who must and will rather pay them than forfeit the penalties of their Bonds because all High-Sheriffs ever take great and good Security to indempnifie themselves For that reason the Statute 7 Edw. 6. cap. 1. provideth That head Officers in every Court shall impose Fines upon and Amerce Under-Sheriffs or accomptants for not accompting or returning Process duely at the times appointed And the Statute 22 and 23. of your Majesties Reign cap. 22. declareth Officers guilty of many Abusive and Sinister practises in withdrawing your Majesties Fines and Forfeitures And the Statute 31 of your Majesties Raign cap. 2. declareth That Under-Sheriffs Jaylors and Officers use many shifts to increase their Fees contrary to their Oaths Duties and the known Laws of the Land That the Statute 23 Hen. 6. cap. 10. to eschew Extortion Perjury and Oppression prohibiteth Officers to be Jury-Men as not to be credited King Henry the third being informed of Abuses in this Revenue subjected the Sheriffs to good Orders and punished Hubert de Burgh his Chief-Justice for neglect of this Revenue And when he assigned over his Revenues for payment of his Debts reserved but these Branches of his Green-wax-Fines for his own subsistance King Edward the first allotted his Judges Salaries to be paid
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