A Vindication Of the CASE relating to the Greenwax-fines, SHOWING 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 undeniable Matter upon Record; against which the Law alloweth no Plea or Averment. LONDON, Printed in the Year, 1684. TO THE KING'S Most Excellent MAJESTY, etc. Great Sir, I Have Advised with many Eminent Lawyers, upon the ensuing Treatise, who agree, The Statutes, Precedents and Book-Cases to be rightly quoted; And I know the matter of Fact to be Truly Stated: Therefore humbly, and in all Duty, beg of Your Majesty to Read and Judge how my dear Lord, and I, have been misrepresented for promoting Your Service. Your Majesty's Most Dutiful Subject, Yarmouths TO THE High and Mighty Monarch Charles II. By the Grace of God KING of England, etc. Most Gracious Sovereign, 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 Virtue: Rewards and Punishments are the two Wheels, 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 Hypocrates Twins, 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 Majesty's Dominions, at the Age of 18. is obliged to defend them: Officers more especially upon every Admission into Employments, to discover whatsoever they know or believe to be done or suffered to Your Majesty's dishonour; Eclipsing Your Prerogative, or Diminution 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 Majesty's Council 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, until they themselves became Judges, or perceived how displeaing it was to forego Pretended perquisites, innovated Practices and Fees; I have been at continual expense and trouble, besides the loss of my Practice, by this long contest ever since October 1674. Clients being unwilling to employ 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 Majesty's Mercy and Bounty, seeing the discovery thereof is all that's required in this Case of Your Majesty's 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 sat mute after he became a Judge. p. 32. Upon what occasion, Sir William Jones, Your Majesty's Attorney General reported for Your Majesty's 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 Majesty's Solicitor General, refused to give the said Brunskell encouragement, pursuant thereto for your Majesty's service. p. 32, 33, 34. How the Judges, and Barons confirmed Sir William Jones' Report, and agreed to make Rules pursuant thereto. p. 33, 34. How Sir Robert Sawyer before and after he was your Majesty's Attorney General; Argued as Council for, and Reported in behalf of the said Brunskell. p. 34. Sir Robert sawyer's Allegations, Evasions, or Retractions. p. 35, 36. The Judges appointed to meet at the Earl of Angleseys, to settle Orders or Rules pursuant to Sir Robert sawyer's first Report, because the said Earl had your Majesty's Commands to see them made: But the Judges disappointed his Lordship, and met at Serjeants-Inn in Fleetstreet, 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 enjoining the Judges and Officers to be careful of Fines, Issues, and Amerciaments, from p. 36. to p. 39 Oaths now Administered to great Ministers, and Officers, to make them careful of your Majesty's Honour, Rights, and Profits. To Bishops, Lord Chancellor. p. 39 Privy Councillors, 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, showing the great Veneration and Esteem they had of Your Majesty's Casual profits. p. 43, 44. That Grantees by a Derivative Power, take the small Amerciaments; yet Your Majesty's Officers who have certain Salaries to take care of Your Majesty's Profits, neglect them. p. 44. That Fines inflicted, fall not upon High Sheriffs as alleged. 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 Majesty's Fines, Issues, and Amerciaments, and increase their Fees. p. 45. Examples Of King Henry the 3d. 1. In settling Orders for the better management of the Greenwax Fines. 2. In Assigning it over for Payment of his Debts. 3. In allotting His Judge's Salaries 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 settling Orders upon the discovery of Abuses, in withdrawing the Greenwax Fines, and why Officers embezzled 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 Entitled 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 divesting, 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. Proposals 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 accrueing 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 Remissness 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. Showeth Abuse 1. That divers Proceedings, whereon Your Majesty's 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 Judgements 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 Majesty's Surveyor, and his Deputies may have the signing of all Proceedings, for security of Your Majesty's 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 Majesty's 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 Trials and Convictions by Suits in Law or Equity, as fully appeareth by the Remembrances and Records of every Court. And the Judges frequently stop Suitors motions until Affidavits be filed, and Officers Fees paid: Ergo (being enjoined by the Statute 18 Ed. 3. to do all reasonable things to procure your Majesty's profits) They may subject the Officers to this Method, or reduce them to the first practice, as your Majesty's Attorney General advised to be done for your Majesty's 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 Majesty's Capias pro Fine 1000 l. per annum. Fines upon Judgements quod capiatur, in all Courts, amount at least to 1000 l. per annum; but Officers (without any Grant or Warrant from your Majesty's 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 account 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 Majesty's Fine is but 6 s. 8 d. And to 10 l. charges in the Kings-Bench, being forced to appear personally, whereby your Subjects pay ten times more than your Majesty's 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 Judgement 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) enjoineth 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 supplied by your Majesty's 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, Issues of Jurors 8000. l. 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 Freeholders', de circumstantibus, which Under- Sheriffs or Bailiffs, at the instance of their corrupt Clients, may have packed: there being little or no time to inquire 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 returned 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 Clerk withdrawing Issues without the Judge's directions, may be easily discovered and convicted: And if Under-Sheriffs return Freeholders' 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 Jurymen: And if your Majesty have not many Forfeitures, your Subjects will be endeared with good Juries; Ergo, Reasonable. 4. Abuse, Forfeitures or Penalties upon Actions popular, & Informations, 10000 l. 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 Judge's 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 * 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 Trials at Law? 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 underhand 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 antedated Information, and plead it in bar to the real Prosecutors, whereby your Majesty loseth your share of your Penalty; 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) enjoining 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 aggrieved Subjects, oppressed 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 suspense three or four years with their own Money; so force them to an easy 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 aggrieved 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, seeing Council, 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 Expense and Trouble to hunt after an uncertain Relief. Sir Philip Mountain, High Sheriff of Yorkshire, experienced it, when he prosecuted Mr. Benson (the Clerk 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 disobeyed, the parties grieved pay to the Judges and Officers for every alias & plures 10 s. besides 20 or 30 s. to Councillors and Attorneys, for Fees, Motions, and Orders; and Under-Sheriffs (or Jailor's farming the Jails 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 aggrieved Subjects freed from that expense, and the Fines and Amerciaments so inflicted upon every Contempt of Rules, Orders, and Process, will amount to 20000 l. per annum, Contempts 20000 l. 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 indemnify themselves from your Majesty's Fines; which showeth, 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 Majesty's 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 expense and trouble of seeing Council, 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 disadvantageous 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 King's Bench may be prohibited to meddle therein: And the Exchequer 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 overrule 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. 10 s. per Cent. (as a Licence 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 Majesty's 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 advantageous agreements out of Defendants upon Arrests, and deceive your Majesty of the Fine or Duty amounting to 1000 ll per annum,. Fines upon Originals. 1000ll. which was ever paid before Process for the arrest issued out, according to the first demands; and hindered 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 alleged 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 enjoyed 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 expressly named and granted. And it's well known, that the late Lord Keepers and Chancellors have other and greater Salaries and allowances, particularly granted by your Majesty's Royal Father and Grandfather, than 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 duties 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 duties fall short to defray Your necessities, it forces Your Majesty to ask new Supplies, 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, Fines before Justices in Eyre, Commissioners of Sewers, & Clarks of the Markets, 1000 l. Amerciaments in Turns & Leets, 1000 l. 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 Manors 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 aught to be observed; and Bailiffs of Liberties observe it not, though enjoined 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 enjoined by Oath and Duty to do as the Statute directeth; and Your subjects Rights and Liberties cannot be injured by adjusting your Majesty's Rights; Ergo, Reasonable. 7. Abuse. That the Officers of the Exchequer (disobeying the Baron's Orders) permit Under-Sheriffs to take their Bailiffs Returns and Accounts, 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, Allowances for Justice's wages saved, 3000 l. 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 Accounts 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 Justice's Wages, may attest his or their accounts upon Oath, before a Magistrate appointed to take Affidavits, particularly showing what they pay, and to whom, that Under-Sheriffs may produce the same to account by in the Exchequer, as the Barons have ordered; because the Under-Sheriffs swearing their Bailiffs returns to be true, for aught they know, signifies nothing; for that reason divers Under-Sheriffs formerly passed their accounts 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 Majesty's casual Profits, into the Court of Exchequer, that Officers may know on whom to place the account 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, Forfeited Recognizances certified, 100000 l. Forfeited Recognizances not certified, 100000 l. 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 satisfy 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 Exchequer 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 Plead, Motions, suing out Quietus, and the like) are deterred from applying to your Majesty's Courts for mercy, and forced underhand to bribe Under-Sheriffs and Bailiffs, who prey upon their necessities, with respites and false Returns, until they insensibly become insolvent, and bring themselves and Families to be maintained at the Parish-charge: * Note, These things make Offices sell at great rates, but the Wise Lord Keeper Bacon terms them the sick State of the Exchequer, and cautions Sir John Denham upon admitting him to be a Baron of the Exchequer, to provide against them. Thus Officers acquit your solvent Subjects, and clog your Majesty's Exchequer 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 Trial, 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 Prothonotaries, 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 Nuisances, defective Bridges, Causways and common Pounds, Land Mark removed, Hedge Breakers, Riots, Assaults, common Barrators, Eves droppers, Inn or Alehouses 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 easy Compositions without hearing what's to be said in your Majesty's behalf. As for example, Marry Hunt and her Bail (being bound and indebted to your Majesty in the sum of 1400 l. by several Recognizances, to stand Trial 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 Trials to public Justice: And it's a violent presumption that Officers used indirect practices to gratify 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 public House, and entertaining Lewd and Debauched persons; after the Fact confessed, to avoid the Trial) 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 Hunt's death: Because the Bail confessed they had 100 l. a piece in their hands to indemnify 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 show 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 threatened 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. 'tis for your Majesty's honour and profit to give Your subjects (who ought to have mercy shown) a legal 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 Majesty's 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 Accounts 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 Accounts 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, Ecclesiastical Fines, 6000 l. per annum. 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 Majesty's 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 Majesty's Judges, Attorney Generals, and other able Lawyers, pro and con, Statutes, Precedents, and Resolutions of former Judges, as follow, plainly show the foregoing Abuses to be true, and may be Remedied as Proposed. Sir Francis North, your Majesty's Sir Francis North reports. 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 Useful 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, 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 Use without Your Majesty's express Warrant. Then his Lordship yielded by a second Opinion under his hand; Sir Francis Norths' Opinion. That it was Needful to Appoint a Person, who, by taking the Officers Accounts, might Control such as pocket His Majesty's Profits. And Sergeant Maynard Maynard. gave his Opinion in private for the said Brunskel, in behalf of Your Majesty; Yet when he appeared in public, and saw the Judges and Officers against him, Retracted the same. And Mr. Saunders Mr. Saunders. ever pleaded for the said Brunskel in behalf of Your Majesty, and maintained the Greenwax 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, alleged, It was one thing to be Judge, and another to be Counsel. And Sergeant Reymond Reymond. gave his Opinion for the said Brunskel in behalf of Your Majesty; But being a Judge, sat mute. Sir William Jones, Sir William Jones. Your Majesty's 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 denied: And how unjustly his Adversaries sought to ruin 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 His reports. : That many of the Abuses are True, and fit to be Redressed: That all, or the greatest part thereof may be redressed by the Judge's 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 Majesty's 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 Majesty's Attorney General, pleaded upon several occasions for the said Brunskell in behalf of your Majesty, Sir Robert sawyer's reports. and Reported, That great Abuses are practised 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, aught 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 Lordship's 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 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 Majesty's Command, to Sir Leoline Jenkins your Majesty's Principal Secretary, to be referred to the Judges, to Answer under their Hands, which is not yet done: Yet the said Sir Robert Sawyer Sir Robert sawyer's retractions. 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 Majesty's 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 Lordship's Judgement; 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 'tis provided by the Statute 51 Hen. 3. and 7 Hen. 4. cap. 3. That they shall be duly Recorded, Estreated, Levied, and Accounted for: The Statute 6 Edw. 1. cap. 14. directeth, That the Treasurers and Barons shall see Amerciaments Levied to your Majesty's use. The Statute of Rutland 10 Edw. 1. provideth, That Sheriffs and Bailiffs 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 faithful and circumspect men, to Inquire thereinto. The Statute 27 Edw. 1. directeth, That once every year a Baron and a Clerk shall go round the Countries, to inquire whether any be concealed or withdrawn: The Statute 18 Edw. 3. enjoineth 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 account, into the respective Counties where the Officers and Accomptants live, to inquire of Frauds, that they may be severely punished. And Under-Sheriffs and Bailiffs 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 Majesty's business. And the Statute 33 Hen. 8. cap. 39 provideth, That the Officers concealing or withdrawing your Majesty's 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 administering 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 Employment, more particularly Sworn as followeth. Bishop's Oaths. Bishops are particularly to assist and defend all Jurisdictions, Privileges, Preeminences, and Authorities Granted, Belonging, United or Annexed to the Crown, etc. Lord Chancellors. The Lord Chancellor is truly 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 expressly known to your Majesty, with his true Advice, and Counsel, and to do and purchase Your Majesty's profits in all things, etc. Privy Councillors. Privy Councillors, if they know of any thing attempted, done, or spoken against your Majesty's 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 Bishop's Oath, etc. Treasurers, Chancellors, and Barons Oaths. 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, etc. Judge's Oath. Judges are to Counsel your Majesty in Your needs; and not to Counsel or Assent to any thing which may turn to your Majesty's 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 Majesty's profits in all things where they may reasonably do it; And upon default in any point, shall be at your Majesty's will of Body, Lands, and Honour, etc. Justices of Peace. Justices of the Peace are truly to cause all Issues, Fines, and Amerciaments before them, to be entered 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. High-Sheriffs are not to assent to the Concealment of your Majesty's 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 Majesty's debts for any gift: They are truly to acquit at the Exchequer all those of whom they receive any thing of your Majesty's debts; and truly to return, and serve all your Majesty's Writs, and admit none to be their under-sheriffs or Clarks of the last year; and shall make each of their Bailiffs to take such Oath as they take; and shall not let their Sheriffwick or any Balywick thereof to Farm. Lawyers, Officers, and Attorneys. Lawyers, Officers, and Attorneys are sworn to assist and defend the Crown; To do no falsehood, nor consent to any to be done to your Majesty's prejudice; But if they know of any, they are to give notice to the Lord Chief Justice, or his Brethren, that it may be Reform; 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 multiplied; 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 Devonshire's 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 Judgements were set aside, for omitting to record persons in misericordia; and the very small Amerciaments were duly estreated, as appears by rastal's new Natura Brevium, under the title of Amerciaments, 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 Majesty's 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 compelled to find real pledges, as the Law directs, and Amerciaments were truly estreated, ad finem litis, it would prevent frivolous Suits, and fictitious Plead, to delay Suitors; for Amerciaments have been afeard 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 indemnify 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 accounting or returning Process duly at the times appointed: And the Statute 22 and 23. of your Majesty's Reign, cap. 22. declareth Officers guilty of many Abusive and Sinister practices in withdrawing your Majesty's Fines and Forfeitures. And the Statute 31 of your Majesty's Reign, cap. 2. declareth, That Under-Sheriffs, Jailers 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 Jurymen, as not to be credited. King Henry the third being informed * Spelman's Glossary. of Abuses in this Revenue, subjected the Sheriffs to good Orders, and punished Hubert de Burgh, his Chief-Justice, for neglect of this Revenue; * Rotl. Paten'55 and 56. Hen. 3. And when he assigned over his Revenues for payment of his Debts, reserved but these Branches of his Green-wax-Fines for his own subsistence. * Inter Record. apud receipt. Scaccarii 4 Edw. 1. King Edward the first allotted his Judge's 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 Clockhouse 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 * Camden's Britannia and countenanced oppressed Carmerthen upon his discovery of Abuses in the Customs, and subjected the Officers to his Methods. * Vernon's Book. Also King James being Informed of abusive practices in withdrawing the Green-wax-Fines, constituted a Surveyor thereof, and settled Orders to enable him to perform his Surveyorship, which were hung up in Tables in the Exchequer, but are now embezzled or lost; for Officers love not lasting Monuments of their Corruptions: And the old Fine Rolls show, that contempts in Chancery were duly 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 Misdemeanours: And that the same were ever reform upon their Certificate without more ado, yet to hinder a Reformation. 1. Aligation disproved. The said Brunskells opponents, stopped a Grant to the said Brunskell, after it had passed 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 duly; 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 Oaths, Statutes, and Precedents beforementioned, 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 Majesty's High Treasurer Danby, That the Green-wax-Fines yielded 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 hindered 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 Duchy and Countyes-Palatine of Durham, Lancaster and Cheshire, and to divers Cities, Corporations, and Lords of Liberties; where divers of the Grantees are empowered, 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 practised: 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 Salary; because it obliged the Grantees to promote your Majesty's Profits with their own: Whereupon the several Letters-Patents passed Your Majesty's Great Seal; Yet the Judges hindered the Patentees to Officiate, by not Subjecting Officers to a prudent control for your Majesty's 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 seeing and instructing five or six Lawyers at a time, to disprove their Opponents fictitious Allegations: 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 graciously 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, until 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 obtaining your Majesties Grant by an Order of Council about April 1681. acquainted the Lords Commissioners of your Majesty's 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 Account; 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 enable 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 settling 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, publicly 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 Aggrieved Subjects may sue by Indictment, Bill, Plaint, or Information: Ergo, An Information is a Popular Action: And now it's Alleged, 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 Account to show, how he had equally expended with the Earl of Yarmouth, and more than any of his Partners, in procuring and passing your Majesty's 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 Account thereof; The ill success of the Farmers of the Law Duty, after conviction of Attorneys, Officers, and Solicitors, upon chargeable Trials 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 Majesty's Service: Ergo, The first Reports of your Majesty's Counsel, Judges, and Officers, Confessions, Statutes, Oaths and Precedents 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 Practised, and fit to be Remedied. As to the Praefines upon Pleas of Land. The said Brunskell and Mr. Charles Myddelton, obtained your Majesty's 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 jointly Commissionated or Deputed by the Lords Commissioners of your Majesty's Treasury with the said Bertue, Sir E. Turner, and Courthope, in order to improve this branch of your Majesty's Casual Revenue; acquainted their Lordships, That your Majesty's 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 * 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 Majesty's most Gracicious and Special Command. And Fines and Recoveries being the fund of this Duty, Dock old sleeping Intails; Bar Feemes Covert, Secure Purchasers and Mortgages 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 P●ee and Post Fines 30000 l. per annum. real Duty, which showeth your Majesty's 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 certify 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, certify 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 Majesty's 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 Majesty's Commissioners for an Abatement to please their Clients; which being obtained, is rather attributed to the Commissioners kindness, than you Majesty's Bounty: So your Majesty neither gets your Duty? nor grateful acknowledgements inlieu thereof: Yet the Commissioners to excuse themselves, allege 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 disburdened of Encumbrances, 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 Administered an Oath to discover the real Values of Estates until they found by experience, that Attorneys, and Solicitors, or their ill principled Clients got Knights of the Post to under-swear them; then they omitted the Oath to rate disseretionarily higher for their Master's 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 accounted 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 Forms of the Courts: Upon these considerations, Sir Robert Sawyer, and Mr. Ward, gave these following Opinions. Sir Robert sawyer's opinion. Where the certainty appeareth what your Majesty's 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 Majesty's prejudice; others more beneficial for your Majesty, may by Law be prescribed. I suppose Fines and Recoveries are seldom Levied, but where the necessity of the Case requires them: Neither do I know how they can be avoided or supplied by any other sort of conveyance to secure Purchasers, Mortgages, etc. R. Sawyer. Mr. Wards opinion. If your Majesty's Duty be certain in itself, I cannot see how the Commissioners without an Authority, mediately or immediately from your Majesty, can lessen or abate it. Every person entrusted in your Majesty's Revenue, is answerable to your▪ Majesty for the execution of his Employment; And by Suit in the Attorney General's name, being convicted of any Fraud or wilful Breach of his Trust, to your Majesty's damage, is liable by Law, to make the same good. E. Ward. The said Myddelton and Brunskel, not only presented the Lords Commissioners of your Majesty's Treasury with these Opinions; but further acquainted their Lordships, That it was impossible to Improve or Manage this Branch of your Majesty's 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 underrate Estates to your Majesty's prejudice, and hinder an Improvement: and Attorneys to please their Clients, will ever go to the Commissioners interested, to rate low; and if Writs by them rated should be stopped 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 Levied, 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 easy 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 Salary of a Master in Chancery extraordinary: And when Attorneys or their Client's know before hand, what they have to pay, they will not wrangle with your Commissioners 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 Majesty's Service, or join them with more equal yoak-fellows: But their Lordship's giving no answer thereto, the said Middelton and Brunskell Petitioned and Proposed to abate 6 l. 10 s. in every 10 l. of your Majesty's real Duty of Prefine, and to be limited, not to exceed that rate, and to improve that Branch of your Majesty's 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 Levied, 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 pity thereto taketh nothing. And your Subjects are at great expenses, 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 levied before the necessity of the Case require, Estates may thereby be put into a posture to be Mortgaged, Settled, 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 Salaries, whether your Majesty's profits be little or much: And although the Lords Commissioners have not altered the said Middelton, and Brunskels Commission, nor joined them with better Yoke-fellows; nor confirmed the Rates or Methods proposed, nor prescribed better; nor enjoined the said Bertue, Sir E. Turner, or Courthope, in point of interest to improve this Revenue; Yet have stopped the said Middelton and Brunskels bare Salaries, to defray the Lady Plymouth's Pension; who never received any thing for Diet, and Board-Wages. And the said Bertue, Sir E. Turner, and Courthope, who ever received Salaries, besides 100 l. apiece for Diet 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, Marquis 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 * It is storied, That Bishop Lattimer, upon King Hen. the 8th. declaring himself troubled to see his Coffers empty; Replied, That if his Majesty did but put himself into a good Office, he might soon fill them. 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 Soldiers and Servants; or endear 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 Salaries and Employments. As to Heriots and Reliefs. 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 'tis alleged, That Tenors as part and parcel of Manors, pass by your Majesties Grant of a Customary Manor cum pertinen '; whereas Heriots and Releifes being Services incident to Tenors, and Tenors in Gross to the Persons, and disappendant to Land, or Manors, cannot pass by grant of the Manors 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, Cook upon Litleton, Fol. 65. a. And the Services make Tenors 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, Cook upon Litleton, Sect. 91. If Lords knew the advantages of Homage and Fealty, they would not neglect them, Cook upon Litleton, Sect. 94. Also the Writ de Cessavit saith praecipe a quoth just, etc. 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, etc. Ergo, The Tenors being in Gross to the Person, and disappendant to the Manor, cannot pass with the Grant of the Manor cum pertinen ' in your Majesty's Case; Because the Services which make the Tenors 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 Soldiers than Hirelings; saying, Omnia mea mecum porto, who will fight for (or revolt from) your Majesty, as their Interest leads: It is agreed, That Tenors 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 Manor consisting of Freehold Tenants, the very Tenors 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 Manors come into the Crown, by Attainder, Escheat, or otherwise: The Tenors 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 Manors, cum pertinen ' or general words, Hob. Rep. 233, 234. Blow. 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 Yourself in Capite, Rolls Abridgements, 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 Tenors are incident to Your Person and Crown, Rolls Abridgements, Fol. 513. For that reason the Homage and Fealty of your Majesty's 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, Cook upon Litleton Fol. 68 And every thing is expounded most largely 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, Cook's Reports, the Earl of Devonshire's Case: Therefore the Learned Judge Hutton declared, Tenors 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 Majesty's Reign, saved Rents, Heriots, and Suits of Court incident to Tenors in Capitee, to be as they were before the Tenors were, thereby turned or altered 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 maine pur fair ' Fitz Chivalier, & purfile Merrier: 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 Manors. As to Offices. The Law consisteth but of two parts, viz. Judicial and Executive: And most Offences being Bailable, it's at the Criminals Election whether they will stand Trial, 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 duly 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 Judgements 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 multiplied, 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 Councillors, depended upon the Favour of the Judges, and endearment of Officers; therefore the Salaries of the Judges, and King's Counsel were enlarged and made certain; For it's Enacted by the Statutes 18 and 20 Edw. 3. That the Judges shall not take Gifts, Fees, Robes or Rewards of any, but your Majesty; and the Oath of a Judge thereby established, enjoineth the observance thereof, because their Salaries 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 Empower the Judges to Sell, because the aforesaid Statute 12 Rich. 2. prohibiting them, is not thereby repealed: And the present Judges cannot apply Mittens 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 indemnify 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 indemnify 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 Misdemeanours, took away the Officers dependence on them, that the Judges might not flag 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 Chief Justice Cook, declareth experimentally, (and the reason is much stronger, since offences were so generally Bailable) That Justice cannot be duly administered, 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 lined then Honest men's, and Consciences not so straight laced, will ever give most for them; who seldom stick at any thing, to reimburss & enrich themselves: Yet the Ld. 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 Sums 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 popular Actions, Informations or Pleas of the Crown, unless Your aggrieved Subjects Fee them to do it: Whereas its a Maxim, 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 dispensed 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 expressly 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 done, 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 Judge's 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 acknowledge themselves to be in nature of Stewards of Copyhold 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, hindered divers persons, that for good Service, had obtained your Majesty's 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 acknowledgement of your Majesties Right: And whereas the said Statute 5 & 6 Ed. 6. saveth a Power to all Persons seized in Fee, to Sell Offices: your Majesty being so seized, 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. Proposal. 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, 〈…〉 plied with experienced Clarks, who may Termely pay to your Majesty, in nature of First Fruits, one Moiety, or quarter part of the profits as they arise, for such Term 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 Majesty's profits arising thereby, who may be enjoined under great penalties to bestow Offices accordingly. 2. That the Proposals extend not to any Office, where the Salaries are paid by your Majesty, but such only where the perquisites are paid by Suitors, as incident or appendent 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, (though deputed but during pleasure) they may in no wise be This 〈…〉 Reason's 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 accounted sacred; Ergo, The custom of Selling or Vitiating sacred Records, (with a Gratis Admittantur) falleth under this Maxim, malus usus abolendus; and it will not only endear the Officers to be pardoned and continued in, upon their good behaviour; but when their dependence is wholly upon your Majesty, they will have a greater regard to your Majesty's 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 Employments, being now incapaciated to buy, or gratify such as procure them Grants thereof: Furthermore, it will prevent extortion; for when Officers deposit great sums of money upon Purchase, or Admission to their Offices, it inclines them to indirect Practices to re-imburse themselves. 3. Your Majesty's Fines and Amerciaments depend chiefly upon the Executive part of the Law, and the honesty of the Officers entrusted therein was at a low Ebb, if your Majesty's Attorney General's Reports and Experience be not mistaken; Ergo, 'Tis prudent to oblige them in point of Interest, to be careful 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 placing 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 Grandeur 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 Sphere 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 Lordship's usage, upon the hearing and Debate thereof, before your Majesty in Council, 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 empowered 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 concerns: 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 Employments Successively; Because Your Majesty's happy Restauration was formerly adjudged, to be in nature of a Conquest; and your Majesty was thereby empowered 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 Salaries. 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 showeth, 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 Inferior 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 Superior Courts; Amulto fortiori, your Majesty being Primitive, and seized in Fee, may do it. A Particular of Offices and Perquisites in Chancery. Per Annum. ll. Affidavit-Office 300 Bankrupt-Office 100 Clerk of the Patents 300 Six Clarks 8000 Usher 300 Clarks of the Crown 500 Clerk of the Presentation 200 Subpoena-Office 400 Cursitors 5000 Hanaper-Office 1000 Registers 2000 The profits of the Seals 6000 Inrolment-Office 306 Softening the Wax 80 Seal-Office 40 Sergeant at Arms 100 The Master in Chancery extraordinary in the Alienation-Office 80 Entering Clerk 120 Clerk of Indorsements 80 Receiver 140 Clerk of the Statutes 80 Clerk of the Appeals 40 Clerk of the Leases 100 Petibag 350 Clerk upon charitable uses 50 Messenger or Pursuivant 100 enrolment Clarks of the King's deeds 40 Two Examiner's Offices 2000 Six Clarks under them 200 Six Clarks in the Rolls Chapel 300 Perquisits for Orders upon Petit. 300 Moiety of the Fines upon Originals 600 Entering Causes for hear 800 Twelve Masters in Chancery. 2000 King's 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 Clerk of the Treasury 500 Proclamator 60 Fines upon Latitats 100 Clerk of the Papers 100 Clerk to file Declarations 50 Seal-keeper of the Bills of Middlesex 150 Clerk of the Rules 400 Philazers one for each County 200 Clerk of the Errors 100 Crier in the Court 100 Porter bringing Records to be used in Court 10 All the Offices of Clerk of Assizes 8000 Also of the Clarks of the Peace 8000 Perquisits for every Record of Nisiprius entered upon Trials, extending to all Courts, Assizes and Sessions 6000 Fees out of Judgements and Bails, besides Sir Robert Henleys' 700 Common-Pleas per Annum. Per Annum. ll. Clark of the Treasury 500 Custos Brevium 800 Chyrographer 500 Clerk of Recognizances before both Chief-Justices 10 Clerk of the Supersedeas 40 Clark of the Errors 100 Three Prothonotaries 3000 13 Philazers one with another 5000 Clerk of the Warrants and Estreats of the Courts 300 Exigenters 800 Vtlary-Office 300 King's Silver Clark 200 Clerk of Essoyns 80 Jurata-Office 120 Proclamators keepers of the Courts 40 The acknowledgement of Fines 200 Fees out of Records made up for Trial, and Copies of Records 500 Box-Money 200 Fees out of Judgements, Bails, besides Protho-noraries 450 Exchequer per Annum. Per Annum. ll. Doorkeeper 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 Bagbearer 20 Tally-Clarks 200 Remembrancers Offices 2000 controller, Secondary, and several Clarks of the Pipe. 500 Keeper of the Records 40 The under-treasurer 500 Marshal 80 Auditor of the Press 200 Clerk of the Errors 10 Faculty-Clarks 20 Four Messengers 160 Clarks of the Office of Pleas, in whose Office are four Attorneys 300 Clerk of the Estreats 200 Foreign Apposer 200 The Chamberlains of the Court, the Crier, and several other Criers 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 inferior Courts, and the respective Counties, Ports and Customhouse, 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 Copyhold Estates, where Fines are paid upon Death, Surrender, and Admission, and the Officers dependence upon (will be of great use and advantage to) your Majesty. The Greenwax 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 Reliefs 045000 l. per An. Sum Total of Greenwax 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 mere 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 Customs, 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 style gratifications so salve it, with a volenti non fit injuria; whereas Clients find by experience, that they are under a necessity of seeing, 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 Majesty's 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 entitled Antidotum Britannicum pag. 148 to 156. saith, That all Monarches and States have held for a Prime and Alphabetical Law; That the public 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 settled, 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 forgo Your Duties, and dispense with the alterations: otherwise Officers will still be nibbling at your Majesty's Profits, Et ad quam finem sese jactabit audacia, is uncertain: And the Judges being fully employed 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 Majesty's 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 decried our Saviour's 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 Greenwax Fines are penalties to be inflicted upon tricking Officers and Practisers, or their Litigious Clients, 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 accrueing to, and the indearment of Your Subjects thereby, may tantamount the profits falling short. All which is humbly submitted to Your MAJESTY'S Royal Pleasure, etc. FINIS.