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
        
      
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             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.
          
           [16], 99 p.
           
             [s.n.],
             London :
             1684.
          
           
             "Proved by undenyable matter upon record, against which the law alloweth no plea or averiment."
             Attributed by Wing to Brunskell.
             Dedication to Charles II signed: P. Brunskell.
             Errata: p. [15]
             Reproduction of original in the Bodleian Library.
          
        
      
    
     
       
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         eng
      
       
         
           Judicial corruption -- England.
           Courts -- England.
        
      
    
     
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           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
             Crown
             :
             The
             Antiquity
             and
             great
             use
             thereof
             .
             p.
             70
             to
             p.
             75.
             
          
           
             The
             reasons
             of
             the
             Law
             in
             devesting
             ,
             Judges
             of
             their
             pretended
             Power
             to
             sell
             Offices
             ;
             and
             many
             Reasons
             and
             Arguments
             ,
             that
             the
             Judges
             have
             no
             Power
             to
             sell
             ,
             or
             to
             admit
             persons
             into
             Offices
             
               durante
               bene
               se
               gesserint
            
             .
             p.
             75
             ,
             to
             p.
             82.
             
          
           
             Proposalls
             humbly
             Offered
             to
             your
             Majesty
             for
             disposing
             of
             Offices
             .
             p.
             83.
             84.
             
          
           
             Reasons
             or
             Arguments
             ,
             to
             maintain
             the
             proposals
             ,
             good
             in
             all
             points
             of
             Law
             ,
             prudence
             and
             practice
             ,
             from
             p.
             85.
             to
             p.
             90.
             
          
           
             A
             Particular
             of
             Offices
             .
             p.
             91
             ,
             92
             ,
             93
             ,
             94.
             
          
           
             What
             the
             Profits
             of
             Offices
             amoumt
             unto
             ,
             and
             the
             nature
             of
             the
             Profits
             accruing
             thereby
             .
             p.
             95.
             
          
           
             What
             the
             Profits
             of
             Greenwax-Fines
             ,
             Pleas
             upon
             Land
             ,
             Heriotts
             and
             Reliefs
             amount
             unto
             .
             p.
             95.
             
          
           
             The
             nature
             thereof
             .
             Ibid.
             
          
           
             Instances
             which
             Reprove
             the
             Officers
             ,
             for
             Remisness
             in
             this
             Case
             .
             p.
             96
             ,
             97.
             
          
           
             How
             Judges
             are
             Misguided
             by
             Officers
             and
             Attorneys
             .
             p.
             98.
             
          
        
      
       
         
         
           ERRATA
           .
        
         
           PAge
           24.
           
           Line
           18.
           
           Read
           Judicial
           .
           p.
           25.
           l.
           11.
           read
           Purprestures
           .
           p.
           56.
           l.
           19.
           r.
           Mortgagees
           .
           ibid.
           l.
           12.
           r.
           Quia
           for
           Qui.
           p.
           62.
           l.
           ultima
           r.
           Commission
           .
           p.
           66.
           l.
           16.
           r.
           40s
           .
           p.
           71.
           l.
           6.
           read
           
             pr.
             A.
          
           l.
           10.
           r.
           
             praefat
             '
             B.
          
           l.
           11.
           r.
           
             praedict
             '
             A.
          
           
        
      
    
     
       
         
         
         
           THE
           VINDICATION
           OF
           Mr.
           Brunskel's
           Discovery
           of
           ABUSES
           ,
           And
           of
           his
           Proposals
           to
           Remedy
           them
           .
        
         
           SHeweth
           Abuse
           1.
           
           That
           diverse
           Proceedings
           ,
           whereon
           Your
           Majesties
           casual
           Revenues
           arise
           ,
           are
           never
           recorded
           ,
           because
           the
           head
           Officers
           ,
           forsaking
           the
           old
           practice
           to
           record
           Proceedings
           ,
           (
           before
           any
           thing
           be
           done
           thereon
           )
           take
           their
           own
           and
           Judges
           Fees
           upon
           signing
           thereof
           ,
           &
           leave
           the
           Attorneys
           to
           
           record
           them
           ,
           when
           ,
           &
           as
           they
           please
           :
           whereby
           they
           often
           deceive
           your
           Majesty
           of
           your
           
             Capias
             pro
             fine
          
           ,
           and
           put
           your
           Subjects
           to
           the
           trouble
           and
           charge
           to
           record
           divers
           Judgments
           upon
           Post-Rolls
           two
           or
           three
           Terms
           afterwards
           ;
           But
           if
           the
           Paper
           Copies
           be
           lost
           ,
           as
           some
           have
           been
           ,
           Your
           subjects
           lose
           their
           Debts
           thereby
           .
        
         
           This
           may
           be
           prevented
           ,
           if
           Your
           Majesties
           Surveyor
           ,
           and
           his
           Deputies
           may
           have
           the
           signing
           of
           all
           Proceedings
           ,
           for
           security
           of
           Your
           Majesties
           Profits
           ,
           as
           the
           Officers
           have
           ,
           for
           the
           security
           of
           their
           own
           &
           Judges
           Fees
           ;
           keeping
           in
           like
           manner
           a
           settled
           Office
           ,
           in
           or
           near
           the
           Seal-Offices
           of
           every
           Court
           ,
           for
           conveniency
           of
           Attorneys
           to
           repair
           unto
           .
        
         
           Because
           the
           Surveyor
           is
           bound
           in
           point
           of
           interest
           ,
           without
           the
           obligation
           of
           an
           Oath
           ,
           to
           be
           true
           to
           your
           Majesties
           interest
           ;
           whereas
           the
           head
           Officers
           interest
           oppose
           your
           Majesties
           :
           Therefore
           ,
           as
           Judges
           ,
           and
           head
           Officers
           understanding
           Attorneys
           tricks
           ,
           not
           trusting
           their
           own
           
           Fees
           to
           be
           paid
           according
           to
           what
           the
           Attorneys
           and
           Practizers
           (
           in
           the
           voluntary
           performance
           of
           their
           Oaths
           and
           Duties
           )
           Record
           ,
           ever
           subjected
           them
           to
           reasonable
           Methods
           ,
           upon
           prudent
           Surmises
           ,
           without
           formal
           Tryals
           and
           Convictions
           by
           Suits
           in
           Law
           or
           Equity
           ,
           as
           fully
           appeareth
           by
           the
           Remembrances
           and
           Records
           of
           every
           Court.
           And
           the
           Judges
           frequently
           stop
           Suiters
           motions
           untill
           Affidavits
           be
           fyled
           ,
           and
           Officers
           Fees
           paid
           :
           Ergo
           (
           being
           enjoyned
           by
           the
           Statute
           18
           Ed.
           3.
           to
           do
           all
           reasonable
           things
           to
           procure
           your
           Majesties
           profits
           )
           They
           may
           subject
           the
           Officers
           to
           this
           Method
           ,
           or
           reduce
           them
           to
           the
           first
           practice
           ,
           as
           your
           Majesties
           Attorney
           General
           advised
           to
           be
           done
           for
           your
           Majesties
           interest
           ;
           because
           it
           's
           impossible
           to
           know
           what
           Officers
           neglect
           ,
           unless
           it
           be
           known
           what
           Officers
           ought
           to
           Record
           and
           Estreat
           .
        
         
           2.
           
           Abuse
           ,
           That
           Your
           Majesties
           
           Fines
           upon
           Judgments
           
             quod
             capiatur
          
           ,
           in
           all
           Courts
           ,
           amount
           at
           least
           
           to
           1000
           
             l.
             per
             annum
          
           ;
           but
           Officers
           (
           without
           any
           Grant
           or
           Warrant
           from
           your
           Majesties
           Royal
           Ancestor's
           or
           Treasurers
           )
           buy
           necessaries
           for
           the
           Judges
           ,
           and
           repair
           the
           Courts
           therewith
           ,
           and
           detain
           part
           as
           Fees
           due
           to
           themselves
           ,
           and
           render
           no
           accompt
           thereof
           into
           the
           Exchequer
           ,
           as
           they
           ought
           to
           do
           :
           Also
           oppress
           poor
           people
           ,
           by
           running
           them
           to
           the
           Outlawry
           ,
           &
           putting
           them
           to
           3
           or
           4
           l.
           charge
           in
           the
           Common-Pleas
           ,
           where
           your
           Majesties
           Fine
           is
           but
           6
           s.
           8
           d.
           And
           to
           10
           l.
           charges
           in
           the
           Kings-Bench
           ,
           being
           forc'd
           to
           appear
           personally
           ,
           whereby
           your
           Subjects
           pay
           ten
           times
           more
           than
           your
           Majesties
           duty
           .
        
         
           This
           may
           be
           prevented
           ,
           if
           Officers
           account
           in
           and
           receive
           a
           Warrant
           from
           the
           Exchequer
           for
           their
           Allowances
           ,
           as
           other
           Accomptants
           do
           :
           And
           if
           Officers
           discretionarily
           tax
           ,
           or
           add
           to
           the
           Suitors
           Costs
           ,
           so
           much
           as
           the
           Fine
           upon
           the
           Judgment
           
             quod
             Capiatur
          
           doth
           amount
           unto
           ;
           and
           take
           a
           Memorandum
           from
           the
           Attorney
           ,
           to
           take
           care
           to
           see
           the
           same
           paid
           
           when
           the
           Costs
           are
           levied
           ,
           as
           the
           Officers
           used
           to
           do
           for
           their
           own
           damage
           clear
           ;
           because
           Costs
           ,
           by
           the
           Statute
           23
           Hen.
           8.
           
           Chap.
           15.
           may
           be
           taxed
           more
           or
           less
           discretionarily
           ,
           as
           they
           please
           :
           and
           by
           this
           means
           your
           Subjects
           will
           be
           free
           from
           paying
           more
           than
           the
           duty
           .
           The
           present
           Lord
           Keeper
           ,
           by
           a
           Derivative
           Power
           from
           your
           Majesty
           ,
           granteth
           relief
           even
           where
           the
           Laws
           are
           deficient
           :
           And
           the
           Statute
           18
           Ed.
           3
           (
           now
           in
           force
           )
           enjoyneth
           his
           Lordship
           and
           all
           the
           Judges
           to
           do
           all
           reasonable
           things
           to
           procure
           your
           Profits
           :
           And
           the
           Statute
           13
           Ed.
           1.
           cap.
           50.
           provideth
           where
           the
           Law
           faileth
           of
           a
           remedy
           ,
           it
           may
           be
           supplyed
           by
           your
           Majesties
           writ
           :
           Ergo
           ,
           your
           Majesty
           wants
           not
           equitable
           or
           legal
           means
           to
           secure
           your
           Fines
           ,
           with
           ease
           and
           relief
           to
           your
           Subjects
           ,
           as
           proposed
           .
        
         
           3.
           
           Abuse
           ,
           
           That
           Officers
           and
           Clarks
           ,
           for
           Bribes
           and
           Rewards
           ,
           withdraw
           Issues
           of
           Jurors
           ,
           which
           in
           England
           and
           Wales
           amount
           unto
           8000
           
             l.
             per
          
           
           annum
           ;
           whereby
           Juries
           are
           supplied
           with
           indigent
           Free-holders
           ,
           
             de
             circumstantibus
          
           ,
           which
           Under
           -
           Sheriffs
           or
           Bailiffs
           ,
           at
           the
           instance
           of
           their
           corrupt
           Clients
           ,
           may
           have
           packt
           :
           there
           being
           little
           or
           no
           time
           to
           enquire
           of
           their
           Credit
           ,
           so
           as
           to
           challenge
           them
           ;
           which
           occasioneth
           corrupt
           Virdicts
           :
           And
           vexatious
           Plaintiffs
           frequently
           make
           Defendants
           dance
           attendance
           two
           or
           three
           Assizes
           ,
           to
           draw
           them
           to
           comply
           with
           their
           demands
           ;
           whereby
           the
           Gentlemen
           at
           first
           impannell'd
           being
           still
           return'd
           as
           Jurors
           ,
           are
           forced
           to
           the
           trouble
           ,
           and
           charge
           to
           attend
           old
           Causes
           .
        
         
           This
           may
           be
           prevented
           ,
           if
           Officers
           to
           whom
           it
           belongs
           record
           all
           the
           Judges
           Orders
           ,
           as
           well
           general
           as
           particular
           ,
           distinctly
           ,
           in
           a
           Book
           ,
           or
           Parchment-Roll
           ;
           then
           the
           Officer
           or
           Clark
           withdrawing
           Issues
           without
           the
           Judges
           directions
           ,
           may
           be
           easily
           discovered
           and
           convicted
           :
           And
           if
           Under-Sheriffs
           return
           Free-holders
           to
           serve
           in
           their
           turns
           ;
           then
           Gentlemen
           
           in
           all
           or
           most
           Counties
           will
           not
           be
           returned
           above
           once
           in
           three
           or
           four
           years
           ,
           nor
           be
           forced
           to
           attend
           old
           Causes
           .
           This
           will
           make
           Gentlemen
           willing
           to
           be
           Jury-men
           :
           And
           if
           your
           Maiesty
           have
           not
           many
           Forfeitures
           ,
           your
           Subjects
           will
           be
           endeared
           with
           good
           Juries
           ;
           Ergo
           ,
           Reasonable
           .
        
         
           4.
           
           Abuse
           ,
           
           That
           penalties
           upon
           Actions-popular
           ,
           and
           Informations
           ,
           amount
           at
           least
           to
           10000
           
             l.
             per
             an
          
           .
           and
           the
           Suits
           ought
           not
           to
           abate
           ,
           without
           your
           Majesty
           or
           Judges
           privity
           ;
           to
           the
           end
           ,
           that
           the
           wilful
           Breakers
           ,
           or
           Non-observers
           of
           the
           Laws
           ,
           or
           the
           malicious
           Informers
           or
           Prosecutors
           ,
           giving
           your
           peaceable
           Subjects
           disturbance
           ,
           without
           just
           cause
           ,
           may
           be
           punished
           :
           But
           at
           this
           day
           due
           care
           is
           not
           *
           taken
           to
           record
           
           Plaintiffs
           Names
           in
           Actions-Popular
           ,
           and
           Informations
           ,
           before
           Process
           for
           the
           Arrest
           issue
           out
           ,
           whereby
           litigious
           persons
           may
           sue
           whom
           they
           please
           ,
           and
           by
           Instruments
           under-hand
           get
           what
           they
           can
           by
           private
           agreements
           ,
           and
           the
           Defendants
           are
           liable
           to
           be
           sued
           
             ad
             infinitum
          
           upon
           the
           same
           account
           ,
           until
           the
           Action
           or
           Information
           be
           recorded
           ;
           and
           by
           the
           Officers
           neglect
           to
           file
           Informations
           ,
           any
           person
           confederating
           with
           the
           Criminals
           ,
           may
           foist
           in
           an
           antidated
           Information
           ,
           and
           plead
           it
           in
           bar
           to
           the
           real
           Prosecutors
           ,
           whereby
           your
           Majesty
           loseth
           your
           share
           of
           your
           Penaltie
           ;
           and
           Criminals
           ,
           upon
           breach
           of
           penal
           Statutes
           ,
           escape
           unpunished
           ;
           and
           your
           peaceable
           Subjects
           ,
           being
           harrassed
           between
           Officers
           and
           malicious
           Informers
           ,
           or
           Prosecutors
           ,
           (
           for
           want
           of
           a
           Record
           )
           cannot
           be
           relieved
           .
        
         
           This
           may
           be
           prevented
           by
           ordering
           Officers
           to
           observe
           the
           Statute
           18
           Eliz.
           cap.
           5.
           (
           now
           in
           force
           )
           enjoyning
           them
           to
           record
           Informations
           
           before
           the
           Process
           for
           the
           Arrest
           issue
           out
           ;
           and
           that
           Plaintiffs
           Names
           in
           Actions-Popular
           may
           be
           recorded
           in
           a
           Book
           ,
           or
           Parchment-Roll
           ,
           for
           that
           purpose
           ,
           before
           the
           Process
           issue
           out
           ;
           and
           that
           the
           like
           Orders
           may
           be
           made
           in
           the
           Kings-Bench
           and
           Exchequer
           ,
           as
           are
           made
           in
           the
           Common-Pleas
           ,
           to
           prevent
           the
           imbezlement
           of
           Postea's
           .
        
         
           5.
           
           Abuse
           ,
           That
           Fines
           and
           Amerciaments
           are
           never
           recorded
           and
           prosecuted
           ,
           unless
           your
           agrieved
           Subjects
           ,
           opprest
           with
           the
           artifices
           of
           Under-Sheriffs
           ,
           Bailiffs
           ,
           and
           Attorneys
           ,
           add
           to
           their
           own
           misery
           ,
           by
           seeing
           the
           head
           Officers
           to
           do
           it
           ;
           because
           the
           Officers
           Fees
           increase
           by
           delatory
           returns
           ,
           and
           Contempts
           ,
           which
           multiply
           Proceedings
           ,
           Orders
           ,
           Motions
           ,
           and
           Continuances
           ,
           which
           encourageth
           vexatious
           Defendants
           to
           withstand
           just
           Debts
           ,
           by
           suggesting
           a
           feigned
           equity
           ,
           and
           pleading
           fictiously
           to
           keep
           the
           Plaintiffs
           in
           suspence
           three
           or
           four
           years
           with
           their
           
           own
           Money
           ;
           so
           force
           them
           to
           an
           easie
           Composition
           at
           last
           :
           Also
           vexatious
           Plaintiffs
           are
           thereby
           encouraged
           to
           be
           very
           litigious
           ,
           keeping
           Defendants
           from
           an
           Equitable
           Relief
           two
           or
           three
           years
           with
           Contempts
           ,
           until
           they
           swell
           to
           Commissions
           of
           Rebellion
           :
           Because
           the
           agrieved
           subjects
           ,
           who
           have
           no
           part
           of
           any
           Fines
           inflicted
           ,
           cannot
           have
           them
           prosecuted
           ,
           nor
           make
           their
           grievances
           particularly
           known
           to
           the
           Judges
           ,
           without
           great
           charge
           and
           trouble
           of
           making
           Affidavits
           ,
           Soliciting
           ,
           Feeing
           Councel
           ,
           and
           Attorneys
           :
           And
           the
           worst
           Actions
           admitting
           plausible
           excuses
           ,
           it
           is
           easy
           for
           Officers
           to
           escape
           Unpunished
           ;
           which
           makes
           Your
           subjects
           sit
           down
           under
           great
           Oppressions
           ,
           rather
           than
           be
           at
           that
           great
           Expence
           and
           Trouble
           to
           hunt
           after
           an
           uncertain
           Relief
           .
           Sir
           
             Philip
             Mountain
          
           ,
           High
           Sheriff
           of
           Yorkshire
           ,
           experienced
           it
           ,
           when
           he
           prosecuted
           Mr.
           Benson
           (
           the
           Clark
           of
           Assizes
           )
           for
           Extortion
           ,
           &
           
             experientia
             docet
             sed
             nocet
          
           .
           It
           s
           not
           the
           Offending
           ,
           but
           the
           
           Offended
           and
           grieved
           Subjects
           that
           are
           punished
           :
           As
           for
           instance
           ,
           when
           the
           first
           
             Habeas
             Corpus
          
           is
           disobey'd
           ,
           the
           parties
           grieved
           pay
           to
           the
           Judges
           and
           Officers
           for
           every
           
             alias
             &
             plures
          
           10
           s.
           besides
           20
           or
           30
           s.
           to
           Councellors
           and
           Attorneys
           ,
           for
           Fees
           ,
           Motions
           ,
           and
           Orders
           ;
           and
           Under-Sheriffs
           (
           or
           Jaylors
           farming
           the
           Jayles
           of
           them
           )
           prey
           upon
           Prisoners
           with
           Diet
           and
           Lodgings
           :
           Whereas
           ,
           if
           a
           good
           round
           Fine
           were
           set
           upon
           the
           first
           Contempt
           ,
           (
           though
           afterwards
           ,
           upon
           reasonable
           cause
           ,
           remitted
           or
           mitigated
           )
           the
           Offenders
           will
           then
           be
           punished
           ,
           and
           the
           agrieved
           Subjects
           freed
           from
           that
           expence
           ,
           and
           the
           Fines
           and
           Amerciaments
           so
           inflicted
           upon
           every
           Contempt
           of
           Rules
           ,
           Orders
           ,
           and
           Process
           ,
           will
           amount
           to
           20000
           
             l.
             per
             annum
          
           ,
           
           or
           Officers
           to
           avoid
           them
           ,
           will
           expedite
           Suits
           ;
           so
           that
           Your
           subjects
           ease
           &
           relief
           will
           tant-amount
           what
           the
           Profits
           may
           fall
           short
           thereof
           ;
           and
           by
           the
           ancient
           course
           of
           Courts
           ,
           Sheriffs
           were
           ever
           fined
           as
           the
           Law
           directeth
           for
           the
           
           Defendants
           non-appearance
           :
           For
           that
           reason
           the
           Statute
           23
           Hen.
           6.
           cap.
           10.
           impowereth
           Sheriffs
           to
           take
           Bail-Bond
           to
           indempnifie
           themselves
           from
           your
           Majesties
           Fines
           ;
           which
           sheweth
           ,
           That
           such
           Bonds
           ought
           not
           to
           be
           sued
           ,
           until
           Sheriffs
           be
           actually
           damnified
           ;
           and
           that
           the
           Action
           ought
           to
           abate
           when
           Sheriffs
           are
           reimbursed
           ;
           but
           Officers
           and
           Attorneys
           ,
           to
           increase
           their
           own
           profits
           ,
           by
           projected
           Contrivances
           ,
           fee
           Under-Sheriffs
           ,
           (
           &
           indempnifie
           them
           from
           your
           Majesties
           Fine
           )
           to
           assign
           over
           such
           Bonds
           to
           Plaintiffs
           ,
           to
           sue
           ,
           whereby
           they
           not
           only
           deceive
           your
           Majesty
           of
           your
           Fines
           ,
           but
           wrongfully
           harrass
           your
           Subjects
           upon
           their
           Bonds
           ,
           because
           they
           can
           only
           plead
           to
           stave
           off
           Proceedings
           thereon
           ;
           until
           they
           can
           move
           the
           Judges
           for
           relief
           ;
           who
           never
           grant
           any
           ,
           without
           making
           them
           pay
           all
           the
           Officers
           Fees
           ,
           and
           Plaintiffs
           Charges
           ,
           occasioned
           by
           suing
           such
           Bonds
           ;
           also
           making
           them
           give
           Bail
           to
           the
           Original
           Action
           ,
           though
           the
           demand
           be
           
           large
           and
           fictitious
           :
           so
           that
           the
           great
           expence
           and
           trouble
           of
           feeing
           Councel
           ,
           Attorneys
           moving
           the
           Courts
           ,
           and
           the
           difficulty
           ;
           when
           all
           is
           done
           ,
           to
           find
           Bail
           to
           the
           Original
           Action
           ,
           especially
           if
           they
           live
           remote
           from
           London
           ,
           forceth
           poor
           People
           to
           disadvantagious
           agreements
           :
           And
           Ejectments
           are
           practised
           instead
           of
           Formedons
           ;
           yet
           the
           Declarations
           are
           not
           compounded
           in
           the
           Alienation
           Office
           ,
           or
           such
           Fines
           paid
           thereon
           ,
           as
           were
           usually
           paid
           upon
           Formedons
           :
           And
           by
           the
           Statute
           9
           Hen.
           3.
           cap.
           11.
           
           Common
           Pleas
           shall
           not
           follow
           the
           King
           :
           Ergo
           ,
           the
           Kings
           Bench
           may
           be
           prohibited
           to
           medle
           therein
           :
           And
           the
           Exchecquer
           is
           prohibited
           by
           the
           Statute
           10
           Edward
           1.
           and
           28
           Edward
           1.
           cap.
           4.
           to
           hold
           Common-Pleas
           .
           The
           Learned
           Lord
           Chief
           Baron
           Hailes
           endeavoured
           to
           over-rule
           one
           Nosworthys
           Plea
           ,
           when
           he
           pleaded
           that
           Statute
           in
           Bar
           ,
           or
           by
           way
           of
           Estopple
           ,
           to
           an
           Action
           commenced
           in
           that
           Court
           :
           Yet
           after
           
           a
           long
           Debate
           ,
           the
           Plea
           was
           allowed
           ,
           and
           your
           Majesty
           ought
           to
           have
           a
           full
           Duty
           upon
           every
           Original
           Writ
           in
           Debt
           ,
           
             viz.
             10s.
             s.
             per
             Cent.
          
           (
           as
           a
           Lycense
           to
           sue
           )
           and
           a
           duty
           of
           6
           d.
           for
           the
           Seal
           of
           every
           Original
           .
           But
           the
           Courts
           of
           Kings-Bench
           and
           Exchequer
           have
           robbed
           the
           Common
           Pleas
           of
           much
           business
           ,
           &
           seldom
           or
           never
           proceed
           by
           Original
           Writs
           .
           The
           Judges
           formerly
           were
           so
           tender
           of
           your
           Majesties
           Profits
           in
           performance
           of
           their
           Oaths
           ,
           That
           in
           the
           Earl
           of
           Devenshires
           Case
           ,
           4
           Jacobi
           ,
           they
           resolved
           them
           to
           be
           
             Ornamenta
             pacis
             &
             f●rmamenta
             belli
          
           ,
           and
           of
           so
           high
           estimation
           ,
           that
           every
           body
           is
           bound
           to
           promote
           them
           :
           For
           that
           reason
           they
           Fined
           and
           Imprisoned
           Officers
           upon
           their
           first
           appearance
           ,
           as
           appears
           by
           Jeromes
           Case
           ,
           who
           was
           Fined
           and
           Imprisoned
           for
           withdrawing
           one
           Original
           Writ
           .
           But
           the
           Judges
           and
           Officers
           lately
           contrived
           an
           
             Ac
             Etiam
             Bill
          
           ,
           in
           the
           Common
           Pleas
           ,
           whereby
           Plaintiffs
           may
           be
           encouraged
           to
           commence
           
           many
           Suits
           ,
           to
           increase
           Officers
           Fees
           and
           Perquisits
           ,
           because
           they
           (
           notwithstanding
           the
           Statute
           13
           Car.
           2.
           
           Statute
           2.
           cap.
           2.
           )
           may
           lay
           their
           demands
           as
           high
           and
           vexatiously
           as
           they
           please
           ,
           to
           squeeze
           advantagious
           agreements
           out
           of
           Defendants
           upon
           Arrests
           ,
           and
           deceive
           your
           Majesty
           of
           the
           Fine
           or
           Duty
           amounting
           to
           
             1000
             ll
             per
             annum
          
           ,
           .
           
           which
           was
           ever
           paid
           before
           Process
           for
           the
           arrest
           issued
           out
           ,
           according
           to
           the
           first
           demands
           ;
           and
           hindred
           Plaintiffs
           ,
           to
           oppress
           Defendants
           by
           holding
           them
           to
           unreasonable
           Bail
           ,
           by
           exceeding
           their
           real
           cause
           of
           Actions
           ,
           as
           now
           .
           And
           whereas
           ,
           to
           excuse
           their
           contrivance
           of
           
             Ac
             Etiam
             Bill
          
           ,
           it
           was
           alledg'd
           before
           your
           Majesty
           ,
           at
           the
           hearing
           ,
           
             That
             the
             Moiety
             of
             all
             Fines
             upon
             Originals
             ,
             belonged
             of
             Right
             to
             the
             present
             Lord
             Keeper
             ,
             and
             the
             Master
             of
             the
             Rolls
             ,
             for
             Diet
             and
             Board-wages
             ,
             because
             they
             and
             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
           discharge
           persons
           admitted
           to
           compound
           ;
           whereby
           poor
           people
           being
           admitted
           to
           compound
           Penalties
           of
           40
           l.
           (
           due
           to
           your
           Majesty
           ,
           )
           for
           2
           d.
           (
           not
           being
           freed
           from
           Officers
           excessive
           Fees
           ,
           and
           the
           great
           charge
           and
           trouble
           of
           formal
           Pleadings
           ,
           Motions
           ,
           suing
           out
           Quietus
           ,
           and
           the
           like
           )
           are
           deterred
           from
           applying
           to
           your
           Majesties
           Courts
           for
           
           mercy
           ,
           and
           forced
           under-hand
           to
           bribe
           Under-Sheriffs
           and
           Bailiffs
           ,
           who
           prey
           upon
           their
           necessities
           ,
           with
           respits
           and
           false
           Returns
           ,
           until
           they
           insensibly
           become
           insolvent
           ,
           and
           bring
           themselves
           and
           Families
           to
           be
           maintained
           at
           the
           Parish-charge
           :
           *
           Thus
           Officers
           acquit
           your
           solvent
           Subjects
           ,
           and
           clog
           your
           Majesties
           Exchecquer
           with
           the
           Recognizances
           of
           the
           poor
           people
           ,
           who
           are
           willing
           to
           pay
           what
           they
           are
           able
           ,
           but
           not
           able
           to
           pay
           so
           much
           as
           the
           Officers
           demand
           ;
           and
           the
           Law
           consisting
           but
           of
           two
           parts
           ,
           
             viz.
             Judical
          
           and
           Executive
           ,
           and
           most
           Offences
           being
           bailable
           ,
           Criminals
           are
           at
           their
           own
           Elections
           ,
           whether
           they
           will
           stand
           Tryal
           ,
           or
           forfeit
           their
           Recognizances
           ;
           and
           the
           Judges
           being
           fully
           employed
           in
           Judicial
           matters
           cannot
           take
           notice
           of
           every
           thing
           ,
           transacted
           by
           Officers
           ;
           and
           being
           ignorant
           of
           the
           Executive
           part
           ,
           
           generally
           take
           the
           advice
           of
           the
           Protho-Notaries
           ,
           or
           head
           Officers
           ,
           therein
           ;
           so
           that
           the
           Execution
           ,
           which
           is
           the
           life
           of
           the
           Law
           ,
           depends
           chiefly
           upon
           the
           skill
           and
           honesty
           of
           Officers
           ;
           which
           makes
           rich
           Offenders
           ,
           who
           have
           money
           at
           will
           ,
           very
           insolent
           ,
           and
           discourage
           your
           peaceable
           Subjects
           to
           prosecute
           and
           convict
           them
           :
           And
           the
           general
           Grievances
           of
           your
           Subjects
           consisting
           in
           Purpressures
           ,
           common
           Nusances
           ,
           defective
           Bridges
           ,
           Causways
           and
           common
           Pounds
           ,
           Land
           Mark
           removed
           ,
           Hedge
           Breakers
           ,
           Riots
           ,
           Assaults
           ,
           common
           Barretors
           ,
           Eves
           droppers
           ,
           Inn
           or
           Ale-houses
           Lodging
           persons
           of
           ill
           Fame
           ,
           Regrators
           ,
           Forestallers
           ,
           Bakers
           or
           Brewers
           failing
           in
           Assize
           of
           Bread
           or
           Bear
           ,
           False
           Weights
           and
           Measures
           ,
           Cattle
           Infected
           ,
           put
           into
           common
           Pastures
           ,
           and
           the
           like
           ,
           cannot
           be
           redressed
           while
           Recognizances
           are
           withdrawn
           ,
           and
           Criminals
           discharged
           upon
           easie
           Compositions
           without
           hearing
           what
           's
           to
           be
           said
           in
           your
           Majesties
           behalf
           .
           As
           for
           example
           ,
           
           
             Mary
             Hunt
          
           and
           her
           Bail
           (
           being
           bound
           and
           indebted
           to
           your
           Majesty
           in
           the
           sum
           of
           1400
           l.
           by
           several
           Recognizances
           ,
           to
           stand
           Tryal
           of
           divers
           Crimes
           wherewith
           she
           was
           charged
           )
           confessed
           it
           cost
           her
           400
           l.
           and
           upwards
           ,
           to
           Officers
           for
           withdrawing
           her
           Recognizances
           to
           hinder
           the
           Prosecutors
           ,
           to
           expose
           her
           by
           open
           Tryals
           to
           publick
           Justice
           :
           And
           it
           's
           a
           violent
           presumption
           that
           Officers
           used
           indirect
           practices
           to
           gratifie
           her
           therein
           ,
           because
           in
           disobedience
           of
           express
           Rules
           of
           Court
           ,
           and
           in
           Contempt
           of
           the
           Statutes
           51
           
             Hen.
             3.
             7
             
             Hen.
             4.
             cap.
          
           3.
           and
           2
           
             Hen.
             6.
             cap.
          
           10.
           (
           after
           they
           had
           received
           divers
           Fees
           of
           the
           Prosecutor
           to
           Estreat
           them
           into
           the
           Exchequer
           )
           did
           not
           Estreat
           any
           ,
           save
           one
           to
           try
           an
           Indictment
           in
           Michaelmass
           Term
           1682.
           which
           they
           knew
           would
           be
           (
           as
           it
           is
           )
           discharged
           of
           course
           :
           Two
           Recognizances
           (
           to
           try
           Indictments
           for
           keeping
           a
           publick
           House
           ,
           and
           entertaining
           Lewd
           and
           Debauch'd
           persons
           ;
           after
           the
           Fact
           confessed
           ,
           
           to
           avoid
           the
           Tryal
           )
           were
           discharged
           by
           a
           single
           Judge
           at
           's
           Chamber
           privately
           for
           3
           s.
           4
           d.
           a
           piece
           :
           Another
           to
           keep
           the
           Peace
           ,
           being
           forfeited
           by
           her
           wilful
           breach
           thereof
           ,
           was
           particularly
           ordered
           to
           be
           Estreated
           after
           Hunts
           death
           :
           Because
           the
           Bail
           confessed
           they
           had
           100
           l.
           a
           piece
           in
           their
           hands
           to
           Indempnifie
           themselves
           :
           Yet
           the
           Bail
           are
           since
           discharged
           by
           Rule
           of
           Court
           without
           paying
           the
           Money
           in
           their
           Hands
           to
           your
           Majesty
           ,
           or
           hearing
           what
           the
           Prosecutors
           had
           to
           say
           :
           Whereas
           in
           all
           matters
           relating
           to
           private
           persons
           ,
           the
           adverse
           parties
           ever
           have
           a
           day
           given
           to
           shew
           Cause
           before
           any
           thing
           be
           peremptorily
           ordered
           :
           These
           practices
           made
           Hunt
           so
           insolent
           ,
           that
           boasting
           of
           her
           prevalency
           with
           Officers
           ,
           she
           Spit
           in
           the
           Prosecutors
           Face
           ;
           hired
           persons
           to
           Murder
           her
           ,
           and
           threatned
           to
           Burn
           her
           House
           :
           And
           the
           Officers
           and
           Bail
           aggravating
           her
           Grievances
           by
           Infamous
           Misrepresentations
           and
           other
           Affronts
           ,
           she
           moved
           the
           Court
           
           to
           have
           the
           premises
           duly
           examined
           ;
           but
           was
           committed
           to
           Prison
           .
        
         
           To
           prevent
           these
           Abuses
           ,
           the
           Clarks
           of
           Assizes
           and
           Peace
           ,
           may
           enter
           all
           Recognizances
           in
           a
           Book
           ,
           or
           Parchment
           Roll
           ,
           as
           soon
           as
           they
           come
           to
           their
           hands
           ;
           and
           not
           keep
           them
           ,
           as
           now
           ,
           upon
           loose
           Files
           :
           that
           poor
           people
           ,
           through
           inadvertency
           forfeiting
           Recognizances
           ,
           or
           incurring
           other
           great
           Penalties
           ,
           (
           if
           their
           Case
           appear
           ,
           upon
           Petition
           and
           Proof
           ,
           to
           deserve
           mercy
           )
           may
           be
           discharged
           by
           an
           Order
           of
           Court
           without
           more
           ado
           ;
           or
           an
           Office
           may
           be
           erected
           to
           compound
           such
           Forfeitures
           ,
           in
           nature
           of
           the
           Alienation-Office
           .
           T
           is
           for
           your
           Majesties
           honour
           and
           profit
           to
           give
           Your
           subjects
           (
           who
           ought
           to
           have
           mercy
           shewn
           )
           a
           legall
           and
           cheap
           way
           to
           obtain
           it
           ;
           because
           it
           endeareth
           them
           to
           your
           Majesty
           ,
           and
           hindereth
           all
           indirect
           application
           to
           Officers
           .
        
         
           10.
           
           Abuse
           ,
           That
           the
           Statute
           51
           Hen.
           3.
           limiteth
           and
           appointeth
           
           all
           Sheriffs
           (
           except
           Northumberland
           ,
           and
           others
           ,
           by
           particular
           Statutes
           exempted
           )
           to
           pay
           your
           Majesties
           Fines
           half
           yearly
           ,
           viz.
           at
           Easter
           and
           Michaelmas
           ,
           and
           the
           Process
           of
           the
           Exchequer
           for
           that
           purpose
           are
           issued
           out
           after
           every
           Hillary
           and
           Trinity
           Terms
           ;
           yet
           Officers
           generally
           respite
           the
           Under-Sheriffs
           first
           half-years
           Payment
           until
           Trinity-Vacation
           ,
           and
           often
           longer
           ;
           and
           if
           High-Sheriffs
           happen
           to
           die
           ,
           (
           as
           Sir
           
             Solomon
             Swaile
          
           did
           ,
           who
           was
           High-Sheriff
           of
           Yorkshire
           )
           your
           Majesty
           may
           long
           want
           your
           Fines
           ,
           and
           lose
           them
           at
           last
           ;
           and
           if
           Under
           Sheriffs
           should
           die
           before
           their
           Accompts
           be
           perfected
           ,
           the
           High-Sheriffs
           ,
           who
           are
           the
           Accomptants
           in
           point
           of
           Law
           ,
           would
           be
           at
           a
           great
           loss
           ;
           Ergo
           ,
           It
           's
           neither
           for
           your
           Majesty
           ,
           nor
           High-Sheriffs
           Interest
           ,
           to
           have
           the
           Accompts
           so
           generally
           respited
           .
        
         
           To
           prevent
           this
           ,
           the
           Statute
           may
           be
           observed
           by
           all
           Sheriffs
           ,
           excepting
           the
           Sheriffs
           of
           Northumberland
           ,
           or
           such
           as
           are
           particularly
           exempted
           ,
        
         
         
           11.
           
           Abuse
           ,
           
           That
           Fines
           in
           all
           Ecclesiastical
           Courts
           throughout
           the
           Kingdom
           ,
           may
           be
           modestly
           computed
           to
           be
           6000
           l.
           
             per
             Annum
          
           ,
           and
           were
           duly
           collected
           and
           paid
           into
           the
           Exchequer
           by
           particular
           Receivers
           thereof
           ,
           as
           appears
           by
           the
           Patent-Rolls
           and
           Records
           down
           to
           the
           late
           Rebellion
           :
           But
           since
           your
           Majesties
           Happy
           Restauration
           ,
           only
           a
           few
           Fines
           upon
           Excommunications
           are
           certified
           into
           the
           Exchequer
           ,
           all
           the
           rest
           are
           Concealed
           .
        
         
           To
           prevent
           this
           ,
           the
           Officers
           may
           be
           subjected
           to
           such
           Orders
           as
           are
           proposed
           for
           the
           Officers
           of
           other
           Courts
           .
        
         
           The
           Reports
           and
           Opinions
           of
           your
           Majesties
           Judges
           ,
           Attorney
           Generals
           ,
           and
           other
           able
           Lawyers
           ,
           pro
           and
           con
           ,
           Statutes
           ,
           Presidents
           ,
           and
           Resolutions
           of
           former
           Judges
           ,
           as
           follow
           ,
           plainly
           shew
           the
           foregoing
           Abuses
           to
           be
           true
           ,
           and
           may
           be
           Remedyed
           as
           Proposed
           .
        
         
           Sir
           
             Francis
             North
          
           ,
           your
           Majesties
           
           Attorney
           General
           ,
           about
           October
           1674.
           
           of
           his
           own
           knowledge
           ,
           Reported
           ,
           
             That
             the
             small
             Fines
             and
             Americaments
             in
             all
             Courts
             ,
             are
             wholly
             Neglected
             ;
             which
             if
             carefully
             looked
             after
             ,
             will
             be
             of
             a
             considerable
             Value
             :
             And
             the
             said
          
           Brunskel
           ,
           
             if
             Your
             Majesty
             please
             to
             favour
             him
             ,
             deserveth
             an
             Employment
             therein
             ,
             for
             so
             
               Vseful
               a
               Discovery
            
             .
          
           And
           his
           Lordship
           declared
           ,
           
             That
             he
             was
             glad
             of
             the
             Opportunity
             so
             to
             Report
             :
             Because
             he
             had
             often
             Moved
             the
             Judges
             to
             take
             Care
             of
             them
             .
          
           Yet
           when
           elected
           Chief
           Justice
           of
           the
           
             Common
             Pleas
          
           ,
           refused
           to
           draw
           either
           Patent
           or
           Commission
           for
           the
           said
           Brunskel
           ,
           pursuant
           to
           his
           own
           Report
           .
           And
           when
           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
           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
           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
             Sallaries
             and
             Imployments
             .
          
        
         
           
           
             As
             to
             Heriots
             and
             Reliefes
             .
          
           
             Sir
             
               William
               Jones
            
             ,
             Sir
             
               Robert
               Sawyer
            
             ,
             and
             Sir
             
               John
               Sympson
            
             ,
             gave
             their
             Opinions
             ;
             That
             Heriots
             and
             Releifes
             are
             fully
             saved
             in
             the
             Crown
             ,
             by
             the
             Statute
             12
             Car.
             2.
             cap.
             24.
             
             But
             now
             t
             is
             alledged
             ,
             That
             Tenures
             as
             part
             and
             parcel
             of
             Mannors
             ,
             pass
             by
             your
             Majesties
             Grant
             of
             a
             Customary
             Mannor
             
               cum
               pertinen
            
             '
             ;
             whereas
             Heriots
             and
             Releifes
             being
             Services
             incident
             to
             Tenures
             ,
             and
             Tenures
             in
             Gross
             to
             the
             Persons
             ,
             and
             disappendant
             to
             Land
             ,
             or
             Mannors
             ,
             cannot
             pass
             by
             grant
             of
             the
             Mannors
             or
             Land
             
               cum
               pertinen
            
             '
             :
             As
             for
             instance
             ,
             There
             is
             no
             Land
             in
             England
             ,
             in
             the
             hands
             of
             any
             Subject
             ,
             but
             what
             's
             holden
             of
             some
             Lord
             or
             other
             ,
             by
             some
             kind
             of
             Service
             ,
             Cooke
             upon
             
               Litleton
               ,
               Fol.
               65.
               a.
            
             And
             the
             Services
             make
             Tenures
             
               Fol.
               92.
               b.
            
             And
             every
             Freehold
             Tenant
             (
             except
             in
             
               Frank
               Almoigne
            
             )
             is
             bound
             to
             do
             Fealty
             to
             his
             Lord
             for
             the
             Tenement
             
             holden
             of
             him
             ,
             Cooke
             upon
             
               Litleton
               ,
               Sect.
               91.
            
             
             If
             Lords
             knew
             the
             advantages
             of
             Homage
             and
             Fealty
             ,
             they
             would
             not
             neglect
             them
             ,
             Cooke
             upon
             
               Litleton
               ,
               Sect.
               94.
            
             
             Also
             the
             Writ
             
               de
               Cessavit
            
             saith
             
               precipe
               a
               quod
               juste
               ,
               &c.
               reddit
            
             B.
             
               Tentum
               ,
               suum
               quod
               de
               eo
            
             (
             which
             is
             
               de
               Domino
               non
               de
               Manerio
            
             )
             
               tenuit
               per
               tale
               Servicium
               ,
               Et
               quod
               perfat
               '
               reverti
               debet
               ,
               Eo
               quod
               predict
               '
               a
               infaciendo
               Servic
               '
               per
               biennium
               cessavit
               ,
            
             &c.
             
             Ergo
             ,
             The
             Tenures
             being
             in
             Gross
             to
             the
             Person
             ,
             and
             disappendant
             to
             the
             Mannor
             ,
             cannot
             pass
             with
             the
             Grant
             of
             the
             Mannor
             
               cum
               pertinen
            
             '
             in
             your
             Majesties
             Case
             ;
             Because
             the
             Services
             which
             make
             the
             Tenures
             oblige
             Your
             Tenants
             upon
             pain
             of
             forfeiting
             their
             Estates
             by
             Force
             of
             the
             Statute
             13
             Ed.
             1.
             to
             be
             ever
             in
             readiness
             to
             defend
             your
             Majesty
             and
             Kingdom
             in
             time
             of
             War
             ,
             and
             encourage
             Tillage
             in
             times
             of
             Peace
             ,
             for
             the
             preservation
             thereof
             ,
             and
             relief
             of
             the
             poor
             :
             And
             an
             Army
             of
             such
             Freehold
             Tenants
             may
             in
             reason
             be
             thought
             better
             
             Souldiers
             than
             Hirelings
             ;
             saying
             ,
             
               Omnia
               mea
               mecum
               porto
            
             ,
             who
             will
             fight
             for
             (
             or
             revolt
             from
             )
             your
             Majesty
             ,
             as
             their
             Interest
             leads
             :
             It
             is
             agreed
             ,
             That
             Tenures
             and
             Services
             are
             Established
             by
             Custom
             ,
             and
             Common
             Law
             ,
             
               pro
               bono
               publico
            
             :
             That
             the
             Common
             Law
             shall
             be
             preferred
             before
             Acts
             of
             Parliament
             clashing
             with
             it
             ;
             That
             if
             a
             private
             Lord
             Alien
             a
             Customary
             Mannor
             consisting
             of
             Freehold
             Tenants
             ,
             the
             very
             Tenures
             Services
             and
             Royalties
             which
             he
             hath
             ,
             shall
             pass
             to
             the
             Alienee
             by
             general
             words
             ;
             because
             it
             's
             equal
             to
             your
             Majesty
             and
             Subjects
             ,
             whether
             the
             Alienor
             ,
             or
             Alienee
             have
             them
             ;
             that
             the
             Act
             and
             Deed
             of
             a
             private
             person
             ,
             shall
             be
             construed
             most
             strongly
             against
             him
             :
             But
             when
             Customary
             Mannors
             come
             into
             the
             Crown
             ,
             by
             
               Attainder
               ,
               Escheat
            
             ,
             or
             otherwise
             :
             The
             Tenures
             are
             thereby
             changed
             from
             the
             Person
             of
             the
             Lord
             ,
             to
             the
             Person
             of
             your
             Majesty
             ;
             so
             become
             special
             Royalties
             :
             And
             Royalties
             shall
             not
             pass
             out
             of
             the
             Crown
             ,
             by
             the
             Grant
             
             of
             the
             Mannors
             ,
             
               cum
               pertinen
            
             '
             or
             general
             words
             ,
             
               Hob.
               Rep.
               233
               ,
               234.
               
               Plow
               .
               Com.
               333.
               b.
               334.
               a.
               Dyer
               Fol.
               268.
               
               Davys
               Rep.
               Fol.
               56.
               a.
            
             If
             a
             private
             Lord
             Alien
             Land
             ,
             it
             shall
             be
             holden
             of
             the
             Alienee
             .
             If
             your
             Majesty
             Alien
             ,
             it
             shall
             be
             holden
             of
             Your Self
             in
             
               Capite
               ,
               Rolls
               Abridgments
               ,
               Fol.
            
             517.
             
             Private
             Lords
             may
             ,
             and
             do
             frequently
             Manumit
             their
             Tenants
             :
             But
             if
             your
             Majesty
             Release
             a
             Tenant
             in
             Capite
             ,
             to
             hold
             by
             a
             penny
             ,
             and
             not
             in
             Capite
             ;
             That
             Release
             is
             void
             ;
             because
             the
             Tenures
             are
             incident
             to
             Your
             Person
             and
             Crown
             ,
             
               Rolls
               Abridgments
               ,
               Fol.
            
             513.
             
             For
             that
             reason
             the
             Homage
             and
             Fealty
             of
             your
             Majesties
             Tenants
             do
             differ
             from
             private
             Lords
             :
             For
             your
             Majesties
             is
             called
             
               Homagium
               Ligeum
            
             ,
             which
             bind
             them
             by
             Oath
             to
             be
             Your
             subjects
             ,
             of
             life
             and
             member
             ,
             Cooke
             upon
             
               Litleton
               Fol.
            
             68.
             
             And
             every
             thing
             is
             expounded
             most
             largly
             and
             beneficially
             for
             your
             Majesty
             :
             Because
             the
             Profits
             of
             the
             Crown
             are
             termed
             ,
             
             
               Ornamenta
               pacis
               et
               firmamenta
               Belli
            
             .
             And
             of
             so
             High
             Estimation
             ,
             that
             every
             body
             is
             bound
             to
             promote
             them
             ,
             Cookes
             Reports
             ,
             the
             Earl
             of
             Devonshires
             Case
             :
             Therefore
             the
             Learned
             Judge
             Hutton
             declared
             ,
             Tenures
             and
             Services
             to
             be
             inseparably
             annexed
             and
             united
             to
             the
             Imperial
             Crown
             :
             And
             the
             Learned
             Lord
             Chief
             Justice
             Hailes
             ,
             and
             others
             ,
             who
             had
             the
             penning
             of
             the
             Statute
             ,
             Anno
             12
             of
             your
             Majesties
             Raign
             ,
             saved
             Rents
             ,
             Heriots
             ,
             and
             Suits
             of
             Court
             incident
             to
             Tenures
             in
             Capitee
             ,
             to
             be
             as
             they
             were
             before
             the
             Tenures
             were
             ,
             thereby
             turned
             or
             alter'd
             into
             common
             Soccage
             :
             Also
             createth
             a
             Relief
             as
             in
             Soccage
             Tenure
             ,
             and
             saved
             the
             Fealty
             incident
             thereto
             :
             And
             the
             4th
             .
             proviso
             of
             the
             same
             Statute
             dischargeth
             Tenants
             holding
             by
             Soccage
             in
             Capite
             of
             no
             service
             ,
             but
             Ward
             Value
             ,
             and
             forfeiture
             of
             Marriage
             
               Livery
               primer
               seisin
               ouster
               le
               Mayne
               pur
               fair
            
             '
             Fitz
             Chivalier
             ,
             &
             
               purfile
               Marrier
               :
               Ergo
            
             ,
             Heriots
             and
             Reliefs
             ought
             to
             be
             in
             charge
             with
             the
             Auditors
             ,
             
             where
             your
             Majesty
             hath
             not
             granted
             them
             away
             in
             Terminis
             ,
             as
             separate
             and
             disappendant
             to
             your
             Mannors
             .
          
        
         
           
             As
             to
             Offices
             .
          
           
             The
             Law
             consisteth
             but
             of
             two
             parts
             ,
             viz.
             Judicial
             and
             Executive
             :
             And
             most
             Offences
             being
             Baylable
             ,
             it
             's
             at
             the
             Criminals
             Election
             whether
             they
             will
             stand
             Tryal
             ,
             or
             forfeit
             their
             Recognizance
             :
             Ergo
             ,
             If
             Officers
             for
             Bribes
             or
             Rewards
             withdraw
             Recognizances
             ,
             They
             frustrate
             the
             Judicial
             part
             .
             Officers
             are
             also
             entrusted
             to
             see
             proceedings
             right
             and
             duely
             Drawn
             ,
             and
             Recorded
             ;
             but
             if
             they
             by
             ignorance
             ,
             corruption
             ,
             or
             negligence
             ,
             draw
             long
             and
             vexatious
             Bills
             ,
             Answers
             ,
             Orders
             or
             Decrees
             ;
             or
             Imbezal
             ,
             or
             deface
             Depositions
             in
             Equity
             :
             Or
             draw
             ill
             Declarations
             ,
             or
             Pleas
             ,
             or
             Misenter
             Special
             Verdicts
             or
             Judgments
             at
             Common-Law
             :
             It
             giveth
             great
             disturbance
             to
             Suitors
             to
             have
             the
             Errors
             
             rectified
             ;
             and
             the
             Non-amendment
             thereof
             ,
             in
             due
             time
             giveth
             litigious
             Adversaries
             opportunity
             upon
             Writs
             of
             Errors
             ,
             to
             be
             very
             vexatious
             ,
             and
             frequently
             overthroweth
             all
             the
             proceedings
             thereon
             :
             It
             was
             found
             by
             experience
             ,
             when
             the
             Judges
             had
             divers
             Fees
             ,
             as
             well
             as
             their
             Officers
             ,
             which
             increased
             or
             decreased
             as
             Suits
             were
             delayed
             ,
             and
             proceedings
             multiplyed
             ,
             and
             sold
             Offices
             at
             dear
             Rates
             ,
             that
             they
             placed
             men
             therein
             for
             Lucre
             ,
             without
             Merit
             ,
             and
             acted
             or
             countenanced
             such
             things
             as
             were
             contrary
             to
             the
             Laws
             and
             Statutes
             in
             force
             :
             For
             which
             ,
             some
             Judges
             were
             put
             to
             Death
             ,
             divers
             Fined
             and
             Suspended
             ;
             and
             others
             were
             Banished
             ,
             as
             appeareth
             by
             Ancient
             Record
             and
             History
             :
             Also
             ,
             the
             Attorney
             and
             Solicitor
             General
             did
             not
             then
             prosecute
             and
             convict
             the
             Officers
             guilty
             of
             misdemeanours
             ;
             because
             their
             own
             practice
             and
             profit
             ,
             as
             private
             Councellors
             ,
             depended
             upon
             the
             Favour
             of
             the
             Judges
             ,
             and
             indearement
             of
             Officers
             ;
             therefore
             the
             Sallaries
             
             of
             the
             Judges
             ,
             and
             Kings
             Counsel
             were
             inlarged
             and
             made
             certain
             ;
             For
             it
             's
             Enacted
             by
             the
             Statutes
             18
             and
             20
             Edw.
             3.
             
             That
             the
             Judges
             shall
             not
             take
             Guifts
             ,
             Fees
             ,
             Robes
             or
             Rewards
             of
             any
             ,
             but
             your
             Majesty
             ;
             and
             the
             Oath
             of
             a
             Judge
             thereby
             established
             ,
             enjoyneth
             the
             observance
             thereof
             ,
             because
             their
             Sallaries
             were
             then
             made
             certain
             ,
             which
             have
             been
             since
             further
             enlarged
             .
             It
             's
             also
             further
             provided
             by
             the
             Statute
             12
             Richard
             2.
             
             That
             the
             Judges
             and
             great
             Ministers
             shall
             not
             sell
             Offices
             :
             Also
             by
             the
             Statute
             3
             Edw.
             1.
             
             Cap.
             26
             ,
             27
             ,
             and
             30.
             
             That
             Officers
             shall
             not
             commit
             Extortion
             ,
             that
             the
             Subjects
             (
             Cap.
             28.
             )
             shall
             not
             be
             disturbed
             in
             their
             just
             Rights
             :
             That
             Deceit
             (
             Cap.
             29.
             )
             shall
             not
             be
             be
             practised
             :
             And
             the
             proviso
             ,
             or
             saving
             in
             the
             Statute
             5
             and
             6
             Edw.
             6.
             (
             viz.
             )
             That
             the
             Judges
             may
             do
             as
             formerly
             :
             Doth
             not
             Impower
             the
             Judges
             to
             Sell
             ,
             because
             the
             aforesaid
             Statute
             12
             Rich.
             2.
             prohibiting
             them
             ,
             is
             not
             thereby
             repealed
             :
             And
             the
             present
             Judges
             cannot
             
             apply
             Mittons
             Case
             to
             themselves
             ;
             for
             the
             Office
             of
             the
             County
             Clark
             is
             adjudged
             to
             be
             in
             the
             disposal
             of
             the
             High-Sheriff
             ;
             because
             the
             High-Sheriffs
             Office
             is
             altogether
             Executive
             ;
             and
             the
             County
             Clarks
             being
             their
             menial
             Servants
             ,
             or
             Deputies
             ,
             cannot
             Sue
             for
             Fees
             ,
             nor
             Act
             any
             thing
             ,
             but
             in
             the
             High-Seriffs
             Name
             :
             So
             that
             the
             High-Sheriff
             being
             punishable
             for
             their
             Deputies
             misfeizance
             ,
             are
             forced
             to
             take
             security
             to
             indempnifie
             themselves
             :
             But
             the
             Office
             of
             a
             Judge
             is
             altogether
             Ministerial
             ;
             and
             the
             Law
             doth
             not
             punish
             Judges
             ,
             if
             Officers
             fail
             in
             the
             Execution
             of
             their
             Office
             ;
             unless
             they
             make
             themselves
             parties
             ,
             privy
             ,
             and
             consenting
             :
             wherefore
             they
             never
             take
             security
             of
             Officers
             to
             indempnifie
             themselves
             ;
             for
             Officers
             stand
             or
             fall
             by
             their
             own
             good
             or
             bad
             behaviour
             ;
             because
             the
             Law
             reposing
             a
             Trust
             in
             the
             Judges
             to
             punish
             Officers
             Misdemeanors
             ,
             took
             away
             the
             Officers
             dependance
             on
             them
             ,
             that
             the
             Judges
             might
             not
             flagg
             therein
             :
             
             Therefore
             all
             Sages
             of
             the
             Law
             ,
             writing
             of
             the
             Office
             of
             a
             Judge
             ,
             agree
             the
             observance
             of
             the
             aforesaid
             Statutes
             ,
             to
             be
             a
             material
             part
             of
             the
             Office
             &
             Duty
             of
             a
             Judge
             ;
             because
             these
             Statutes
             ,
             and
             divers
             other
             good
             Laws
             and
             Statutes
             ,
             are
             grounded
             upon
             the
             Statute
             9
             Hen.
             3.
             cap.
             29.
             
             Which
             saith
             ,
             
               Nulli
               vendemus
               ,
               nulli
               negabimus
               ,
               nulli
               differemus
               Justiciam
               :
            
             And
             the
             Lord
             Cheif
             Justice
             Cooke
             ,
             declareth
             experimentally
             ,
             (
             and
             the
             reason
             is
             much
             stronger
             ,
             since
             offences
             were
             so
             generally
             Bailable
             )
             That
             Justice
             cannot
             be
             duly
             administred
             ,
             if
             the
             Statute
             12
             Rich.
             2.
             
             Prohibiting
             the
             Judges
             to
             sell
             Offices
             ,
             be
             not
             observed
             ;
             Because
             ,
             as
             the
             Execution
             ,
             which
             is
             the
             life
             of
             the
             Law
             ,
             dependeth
             upon
             the
             honesty
             of
             Officers
             ,
             as
             aforesaid
             .
             It
             s
             
               violenta
               presumptio
            
             ,
             that
             Knaves
             ,
             whose
             Pockets
             are
             better
             lin'd
             then
             Honest
             Mens
             ,
             and
             Consciences
             not
             so
             strait
             laced
             ,
             will
             ever
             give
             most
             for
             them
             ;
             who
             seldom
             stick
             at
             any
             thing
             ,
             to
             reimburss
             &
             enrich
             themselves
             :
             Yet
             the
             L
             d.
             Keeper
             &
             
             Judges
             take
             Fees
             of
             Suitors
             upon
             divers
             proceedings
             ,
             and
             not
             only
             Sell
             Offices
             at
             seven
             or
             eight
             Years
             Value
             ,
             but
             wink
             at
             their
             Officers
             selling
             thereof
             ,
             and
             take
             great
             Summs
             of
             Money
             upon
             their
             surrenders
             ,
             and
             admissions
             ;
             and
             New-Years-Gifts
             ;
             and
             Record
             Officers
             admitted
             Gratis
             .
             Whereas
             Records
             were
             ever
             esteemed
             so
             Sacred
             ,
             That
             the
             Law
             alloweth
             no
             Plea
             ,
             or
             Averment
             against
             them
             :
             And
             the
             Attorney
             and
             Solicitor
             General
             seldom
             or
             never
             porsecute
             populer
             Actions
             ,
             Informations
             or
             Pleas
             of
             the
             Crown
             ,
             unless
             Your
             agrieved
             Subjects
             Fee
             them
             to
             do
             it
             :
             Whereas
             its
             a
             Maxime
             ,
             That
             your
             Majesty
             can
             do
             no
             Wrong
             ;
             and
             Maxims
             are
             fundamental
             points
             in
             Law
             :
             It
             doth
             not
             appear
             by
             any
             matter
             of
             Record
             ,
             That
             your
             Majesty
             or
             Royal
             Ancestors
             ever
             dispenced
             with
             any
             Statutes
             in
             force
             ,
             whereon
             depended
             the
             due
             Administration
             of
             Justice
             ;
             But
             it
             appears
             ,
             That
             Pardons
             have
             been
             frequently
             Granted
             upon
             breach
             thereof
             after
             the
             Fact
             committed
             ,
             
             by
             your
             Majesty
             and
             Royal
             Progenitors
             special
             Grace
             and
             Favour
             .
          
           
             The
             Statute
             1
             Hen.
             4.
             cap.
             6.
             provideth
             ,
             That
             such
             Offices
             as
             be
             not
             expresly
             named
             in
             Letters-Patents
             ,
             shall
             not
             pass
             out
             of
             the
             Crown
             :
             The
             E.
             of
             Devonshire
             had
             
               omnia
               &
               Singula
               vaod
               '
               Feod
               '
               &
               Regard
               '
               eidem
               Officio
               Spectan
               '
               seu
               ab
               antiquo
               usitat
               '
               vel
               gavis
            
             ;
             and
             a
             Privy-Seal
             particularly
             impowring
             him
             to
             dispose
             of
             old
             rusty
             Iron
             as
             his
             Predecessors
             had
             ever
             don
             ,
             who
             by
             a
             long
             usage
             of
             80
             years
             had
             disposed
             thereof
             without
             interruption
             :
             Yet
             the
             Judges
             4.
             
             Jacobi
             resolved
             his
             usage
             and
             prescription
             void
             upon
             a
             presumption
             ,
             That
             it
             began
             at
             first
             upon
             usurpation
             ,
             because
             it
             did
             not
             appear
             ,
             that
             such
             things
             were
             ever
             Annexed
             as
             Fees
             to
             that
             Office
             ;
             Ergo
             ,
             The
             usage
             of
             Selling
             inferior
             Offices
             (
             being
             not
             Annexed
             to
             the
             Judges
             places
             as
             Fees
             to
             be
             Sold
             )
             cannot
             be
             good
             :
             For
             their
             own
             Records
             declare
             Officers
             
               Secundum
               Consuetudinem
               Curiae
            
             
             to
             be
             admitted
             
               ex
               merito
               gratis
            
             :
             And
             persons
             in
             their
             own
             Right
             cannot
             Legally
             Transfer
             a
             greater
             Estate
             than
             they
             have
             ;
             Ergo
             ,
             The
             Judges
             
               durante
               bene
               placito
            
             cannot
             convey
             Inferior
             Offices
             to
             persons
             
               durante
               bene
               se
               gesserint
            
             ,
             unless
             they
             acknowledg
             themselves
             to
             be
             in
             nature
             of
             Stewards
             of
             Coppy-hold
             Courts
             ,
             and
             then
             they
             own
             the
             right
             transferred
             ,
             and
             Duties
             paid
             upon
             Admission
             ,
             to
             be
             your
             Majesties
             as
             Chief
             Lord.
             Yet
             the
             Lord
             Chief
             Justice
             North
             ,
             hindred
             divers
             persons
             ,
             that
             for
             good
             Service
             ,
             had
             obtained
             your
             Majesties
             Gracious
             promise
             of
             the
             Office
             of
             Clark
             of
             the
             Treasury
             in
             the
             Common-Pleas
             to
             pass
             their
             Patents
             ,
             suggesting
             it
             to
             be
             a
             perquisit
             incident
             to
             his
             Office
             :
             Whereas
             ,
             particular
             Grantees
             had
             executed
             it
             by
             sufficient
             Deputies
             without
             intermission
             above
             90
             years
             ,
             and
             his
             Lordship
             then
             paid
             500
             
               l.
               per
               annum
            
             ,
             as
             his
             late
             Predecessors
             had
             done
             ,
             to
             John
             Lord
             Berkley
             the
             last
             Patentee
             ,
             which
             was
             an
             acknowledgment
             of
             your
             Majesties
             
             Right
             :
             And
             whereas
             the
             said
             Statute
             5
             &
             6
             Ed.
             6.
             saveth
             a
             Power
             to
             all
             Persons
             seised
             in
             Fee
             ,
             to
             Sell
             Offices
             :
             your
             Majesty
             being
             so
             seised
             ,
             
               jure
               Coronae
            
             ,
             may
             do
             it
             :
             For
             as
             your
             Majesty
             constituteth
             the
             Spiritual
             and
             Temporal
             Judges
             ;
             It
             argueth
             ,
             that
             your
             Majesty
             may
             appoint
             the
             Inferior
             Officers
             ;
             because
             ,
             
               omne
               majus
               trahit
               ad
               se
               minus
               ,
            
             It
             s
             well
             known
             ,
             when
             your
             Majesty
             gives
             ;
             Your
             great
             Ministers
             Sell
             Offices
             ;
             otherwise
             it
             costs
             Your
             subjects
             in
             Fees
             and
             Gratifications
             ,
             more
             than
             the
             Purchase
             ,
             as
             hereafter
             proposed
             will
             amount
             to
             :
             It
             s
             therefore
             humbly
             and
             in
             all
             duty
             proposed
             :
          
           
             1.
             
             
             That
             as
             the
             present
             Officers
             have
             paid
             7.
             or
             8.
             years
             value
             for
             their
             Offices
             ,
             they
             may
             continue
             therein
             ;
             and
             when
             Void
             ,
             they
             may
             hereafter
             ,
             〈…〉
             plyed
             with
             experienced
             Clarks
             ,
             who
             may
             Termely
             pay
             to
             your
             Majesty
             ,
             in
             nature
             of
             First
             Fruits
             ,
             one
             Moyety
             ,
             or
             quarter
             part
             of
             the
             profits
             as
             they
             arise
             ,
             for
             such
             Terme
             of
             years
             as
             your
             Majesty
             
             shall
             think
             fit
             :
             And
             as
             Commissioners
             are
             appointed
             to
             dispose
             of
             Ecclesiastical
             Livings
             ,
             so
             Commissioners
             may
             be
             appointed
             to
             take
             care
             of
             your
             Majesties
             profits
             arising
             thereby
             ,
             who
             may
             be
             enjoyned
             under
             great
             penalties
             to
             bestow
             Offices
             accordingly
             .
          
           
             2.
             
             That
             the
             Proposals
             extend
             not
             to
             any
             Office
             ,
             where
             the
             Sallaries
             are
             paid
             by
             your
             Majesty
             ,
             but
             such
             only
             where
             the
             perquisites
             are
             paid
             by
             Suitors
             ,
             as
             incident
             or
             appendant
             thereto
             by
             right
             .
          
           
             3.
             
             That
             an
             exact
             Table
             of
             Fees
             adjusted
             by
             the
             ablest
             Officers
             ,
             and
             Records
             ,
             due
             and
             belonging
             to
             every
             Office
             ,
             may
             be
             hung
             up
             in
             the
             respective
             Offices
             ;
             and
             while
             Officers
             behave
             themselves
             well
             ,
             (
             tho
             deputed
             but
             during
             pleasure
             )
             they
             may
             in
             no
             wise
             be
             Dis
             〈…〉
          
        
         
           
           
             Reasons
             or
             Arguments
             humbly
             offered
             to
             maintain
             these
             Proposals
             in
             all
             Points
             of
             Law
             ,
             Equity
             ,
             Prudence
             ,
             and
             Practice
             .
          
           
             1.
             
             The
             Officers
             by
             Buying
             ,
             have
             forfeited
             both
             Money
             and
             Offices
             ,
             and
             the
             Judges
             their
             Right
             ,
             by
             Selling
             or
             Transferring
             a
             greater
             Estate
             therein
             than
             they
             have
             ;
             the
             very
             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
                     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
           .
        
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A29929-e1300
           
             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
             .