Mr. Brunskell's CASE AND PROPOSALS.
THAT the King may get and save above 400000 l. per Annum, by taking the first Fruits or Profits of Offices, and indear many: For most Offices may be executed by Deputy, as well as the Custos Brevium Office in the Common Pleas now is for 100 l. per Annum. And his Majesty may (if the Office be 1500 l. per Annum) allow an experienced Person 300 l. per Annum [...] executing it, and Pensions of 200 l. per Annum to Six Persons more, and allow the Grantees one Moiety to live on, until his Majesty is paid what he is pleased to take: So raise his Revenue, reward good Services, and free his Revenue from Pensions.
To make out this Proposal, and that the King will not (by doing as proposed) invade the Property of His Ministers, Judges and Officers, but they His by obstructing it.
The Judges and Officers execute the Laws, and proceed Ad summum jus against Persons buying Estates, which others have no right to sell: And although the ignorant Purchasers were deceived by the Venders, or misguided by their Counsel, yet are made to lose their Purchase-money, yield Possession, and refund mean Profits to the real Owners: And the Judges and Officers wresting or dispensing with Laws in their own Case, renders them partial; for they know that the Law is very tender of the Crown Rights; because wronging the Crown, is pillaging the People. The Construction which the Judges make of the Saving in the Statute of 5 & 6 Edw. 6. cap. 16. for them to sell is illegal, as resolved by the Judges themselves in like Cases, 5 & 6 Ed. 6. c. 16. Cok. Rep. Alton-woods Case Pl. Com. 561. Dyer 231.313. 1 Inst. 381. 18 Ed. 3. Stat. 4. 20 Ed. 3 c. 1. 12 R. 2. c. 2. because it is repugnant to what the Act intended to remedy; neither can they take Money for Offices, or Fees of Suitors, or New-years Gifts of Lawyers and Officers, without dispensing with their Oaths, and the Statutes of 18 Edw. 3. and 20 Edw 3 and 12 Rich. 2. Pl. Com. 333, 334. Hob. Rep. 233, 234. Dyer 261. Davys Rep. 56. 1 H. 4. c. 6. The Judges agree, where the King grants an Ancient Mannor cum pertinen', That Royalties shall not pass without being named; yet they will have Inferiour Offices pass to them by the Grant of the Office of Justice cum pertinen', or other General Words, without the least mention of any Inferiour Office by Name, against the express Letter of the Statute of 1 Hen. 4. cap. 6. which provides, That where the Name or Value of any Office claimed is not mentioned, the Grants shall be void, and the Grantees punished for deceit.
The Kings and Queens of England, by Virtue of their Original Right to the Administration and Offices incident thereto, have at pleasure, as they were reinformed of the Name and Value of Inferiour Offices, granted several, some before, 5 & 6 Ed. 6. others since the Statute of 5 & 6 Edw. 6. which Ministers and Judges have disposed of without intermission some Hundred years before their Majesties interposed; and Grantees enjoyed the same accordingly. As for instance; Chief Clerk and Custos Brevium in the King's [...] Custos Brevium, Clerk of the Treasury, and Clerk of the Supersedeas in the Common Pleas, Treasurer, Remembrancer, and Clerk of Estreats in the Exchequer, Prothonotary, Six Clerks and Cursiters, Incorporation and Register in Chancery, Cofferer, and other Offices in the Houshold; and such Interruption of their Ministers and Judges Usage amount to a Discontinuance of their Right, and a Continuance of the King's, Pari Ratione the King may dispose of the other Offices, as he is not restrained by any Grant to his Ministers, or the Saving aforesaid. And the Statute of 5 & 6 Edw. 6. provides, 5. & 6 Ed. 6. c. 16. General words of an Act shall not debar the King of any Prerogative, Estate, Right, Title or Interest, as cited in Mag. Coll: Case, Co. 11. Rep. The King cannot dispence with the Stat. of 5 & 6 Ed. 6. as cited in Co. 1 Inst. 120. That such as be Seized of Offices in Fee, may Sell, Ergo the King, Seized of all Hereditary Rights belonging to the Imperial Crown and Dignity, may make Advantage thereof, but Judges cannot; and the Saving implies no more, but that the Judges may supply Vacancies, upon Death or Removal, in the King's Absence, to avoid a Failure in the Execution of the Law, until the King think fit to make his own Officers.
Object. Should the King dispose of all the Officers, as proposed, some Ministers will still for Money find ways to put Good Men by, or out of Offices, and have their own Creatures placed therein, and alledge, That it is his Majesties pleasure to have it so, when his Majesty knows nothing of the Matter; so their Majesties and their Government will be more scandalized than ever, whereas Ministers now (and not their Majesties) are reflected on for such doings; neither can the King know so well as his Ministers do, who are fit for Offices.
Answ. Were such as have been put by or out of Offices, without just Cause restored, upon paying First Fruits of Profits, as proposed; and were the Names of such as have done, or shall for the suture, do the King and Nation good Service, from time to time set down in a Roll, or Book of Registry, Cok. 4 Inst. Title Privy Council, 36 Articles. to be kept for that purpose by one of the Secretaries of State, or other Ministers, pursuant to several Ordinances made by former Kings in Parliament; and were a Jury of Officers impannelled every Year, to present the Names of such upon Oath as are out of Office, orderly as they are [Page 2]qualified by Birth, Age, or Education; and were Offices disposed of to such to be executed by sufficient Deputies, then in Case the Office first hapning be too mean for the first person in the Roll, Registry, or Presentment, he may, if he think fit, enjoy it till a better fall.
The Law is as strict against Simony as can be made against selling Temporal Offices; Objection. and the King hath the full first years Profits setled, of Spiritual Benefices, as proposed to be setled of Temporal Offices; yet do not the Fathers, or other Relations of the Parsons, by giving great Sums of Money to the King's Ministers; or Lay-men who have right of Presentation, procure Benefices, at this day, unknown to Parsons, by purchase, so pay younger Childrens Portions or Legacies, and the First Fruits to the King amount to a very small matter yearly.
It's true, Answ. the Law against Simony is as strict as it can be penn'd, and the full first Years Profits of Benefices in the King's Gift, are as fully setled and given to the King as may be, yet what signifies a strict Law, if the Method or Manner of performing it be not so firmly prescribed, That the Person or Persons, directly or indirectly violating it, may not be easily detected. Now were it so settled, That Presentments were made by the two Universities yearly, of the Names of Parsons qualified pro Cura Animarum, according to their Merit and Seniorities of standing; and were such Presentments returned to, and registred in the Petty-Bagg-Office in Chancery; and were Parsons preferred by the King, and others, accordingly as they are orderly set down in such Presentments, and promoted ligher as better Benefices fall, in Case their Demeanours, after such Presentment made, render them qualified or such further Promotion. And were the King, and such as have right of Presentation, to take the next Parson, as he stands orderly in the first presentment, it would nake the Law effectual for remedy of the Evils thee by intended to be redressed; and were every Parson Obliged upon Oath to Accompt for, and pay the Kings real Duty out of, and according to what Rents, Issues, and Profits he actually hath and receiveth, First Fruits would be a great Revenue to the Crown.
What difference is there between the King's disposing of Offices, Quaere. as proposed, and his Ministers selling?
The Officers made by the King, Answer. as proposed, run no hazard in Case of Death or Removal, and Men of Merit, without Money, will be sure of Imployments, whereby the Government will flourish.
But these Evils attend Great Ministers Selling and Disposing of Offices.
- First, 1 The Officers give ready Money, who often making too much haste to re-imburse themselves, ruin divers Families:
- Secondly, 2 Persons who have no Qualifications but Money, will give most for Offices of Profit. And such as have ill Designs will do the like for the Places of greatest Trust, to discover Secrets and betray Trusts: So by the Ignorance of one, and Dishonesty of the other, the Government is ruined.
- Thirdly, 3 While Ministers have the Disposition of Offices, they will prefer Relations, or such as gratifie them in what suits most with their Temper, who cannot attribute their Indearment to the Kings Bounty, or any Merit but their Money, or great Mens favours.
- Fourthly, 4 All or most Officers undue practices hereafter set down by way of Abuses, and the Judges hindring the same to be redressed, as is proposed under every Head, or otherwise in the late Reigns, did proceed from Buying and Selling Offices, or their disposing thereof to Men of no Merit, against the Laws of the Land.
Abuses discovered to R. Charles the Second, which shew how the King is wronged, and Subjects oppressed by the Mismanagement of His Ancient Casual Revenue.
THat Officers take their own and Judges Fees upon signing Proceedings whereon the King's Duty arise, 1 Abuse. and leave Attorneys to Record them, when and as they please, whereby the King often loseth his Duties, and many Subjects and their Families have been ruined by loss of their Judgments, or forced to pay for Post-Rolls, which are very chargeable.
That Process be not signed or suffered to issue out, Remedy. till an Incipitur thereof, or the Process at large be duly Recorded.
Officers Out-law many for the King's Duty, called, 2 Abuse. Capias per fine; which in many Cases is but 6 s. 8 d. whereby they get, at least 10 l. in the King's Benth, and 3 or 4 l. in the common-Pleas; and render no Account into the Exchecquer, of the Duties received and taken for the King.
That as Officers added their own Profit called Damage-clear, Remedy. to Suitors Costs, because the Statute 23 Hen. 8. cap. 15. impowreth Costs to be taxed discretionally; so the King's Fines may be added to Suitors Costs, and Under-Sheriffs upon levying thereof, may be made to accompt and pay the King's share, as they did the Officers Damage-clear.
That Officers for Eribes spare Jurors, 3 Abuse. whereby the principal Pannels are supplied with By-standers, too often attending to serve the base Ends and Designs of Litigious Suitors: And Freeholders now dance Attendance upon old Causes; which is very grievous, if they live remote from Assizes or Sessions.
That Officers spare not any Jurors, Remedy. without the Judges Orders recorded; and that the Freeholders may serve in [...]s and not attend old Causes, unless it be where a Special Jury is setled by Order of Court.
The King is wrong'd of great Sums of Money yearly, 4 Abuse. upon Actions and Informations, Qui tan & per Dom. Rege, by private Agreements between Attorneys and their Clients, and smothering Proceedings.
That the Statute 18 Eliz. cap. 5. be observed.
Many Fines and Amercements accruing to the King by Officers Contempt, Non-execution, Remedy. 5 Abuse. or Mis-execution of Process, Rules, or Orders, and for other Offences by them committed, and never recorded, whereby Suits are retarded, and Process multiplied, to the great increase of Officers Profits, and intolerable trouble and charge of the Party grieved; who by that means, often expend more than the value of the Thing in suit.
That every Contempt, Remedy. or other Offence committed, may be recorded without delay, and the Officer, or Attorney offending expelled the Court, if he does not pay the Fine, or Amercement into the Exchecquer, at a day to be assigned by the Court, wherein the Offence is committed.
That Under-Sheriffs for lucre, assign over Defendants Bail Bonds to the Plantiff to sue, 6 Abuse. which by the Statute 22 Hen. 6. cap. 10. are entred into only to indempnifie Sheriffs from the King's Fines, Quia non habuerunt Corpora: and the Plantiffs are permitted to sue the same in the Sheriff's Name, before the Sheriffs are damnified; and the Defendants having only Comperuit ad diem, to plead thereto, are forced to comply with their Adversaries vexatious Demands; especially when the Original Actions, by contrivance between Attorneys and Clients, are laid so litigiously high, that Defendants living remote from London, cannot find Bail; and the Officer, and Under-Sheriff, by Combination, often deceives the King of his Fines, or Amercement.
That Under-Sheriffs may make no other use of the Defendants Bail-bond, Remedy. than to indempnifie themselves from the King's Fines, for the Defendant's Non-appearance; and that such Bonds be delivered up, and cancelled, upon the Defendant's paying the Fine, and the Damage which the Sheriff's may reasonably sustain upon that account. And that Plantiff's making great Demands, may, at [Page 3]the Defendant's Request, be compelled to give the Court satisfaction of the reality of their Cause of Action: That Plantiffs, in Case Vexation appear, may be fined, pro falso clamore, and Defendants admitted to reasonable Bail, as they ought to be; and that the said Fines may be duly Estreated and Recorded, as they ought to be.
That Judges and Officers cannot legally alter the Original Process of Courts, 7 Abuse. without Authority of Parliament, as resolved: Cooke's Inst. part 1. sect. 101. Bracton, l. 5. fol 413. Lritton 122. 227. Fleta, lib. 2. Yet the Judges have of late Years made great Alterations, by Ac Etiam Bille, casual Ejectors, and the like. And one Court interferes with another in business, against express Acts of Parliament, 9 Hen. 3. cap. 11. 10 Edw. 1. 28 Edw. 1. cap. 4. As for instance: The Upper Bench is appropriated to Matters, Quare Vi & Armis; the Common Pleas to the Subjects business; and the Ex hecquer to things purely relating to the Revenue.
If the Courts be allowed to proceed in the Method they are now in, Proposal. it may be reasonable, that some provision be made, that the King may have such Duties as he ever had upon the Common Pleas Proceedings.
Most Justices in Eyre, 8 Abuse. Commissioners of Sewers, Stewards, and Sheriffs in Turns and Leets, and Clerks of Markets, Estreat not their Fines and Amerciaments.
That the Fines and Amerciaments may be Estreated and Certified into the Exchecquer, Remedy. as the Statutes 51 Hen. 3. 14 Rio. 2. cap. 11. 7 H [...]. 4. cap. 3, & 11 Hen. 7. cap. 15. direct. And that Bayliffs and Stewards do all things required of Sheriffs, as the 27 Hen. 8. cap. 24. directs.
Under-Sheriffs take their Bayliffs Returns, 9 Abuse. De bene esse, who place many Fines and Forfeitures in Liberties and Franchises, which are not; and the King not knowing what are his, and the Lords of such Liberties having no Right thereto, the Officers pocket them. Also, Under-Sheriffs often charge the King with Justices of Peace Wages, when they attend not at Assizes and Sessions. And Sheriffs and Bayliffs oppress the People, by reason Sheriffs let our their Balywicks to Farm, at dear Rates, contrary to the Statute 23 Hen. 6. cap. 10.
That exact Rolls of Liberties be made, Remedy. as the Statute 13 Edw. 1. cap. 39. directeth. And that the Statutes, 7 Hen. 4. cap. 3. 6 Edw. 1. cap. 14. 10 Edw. 1 Stat. Rutland. 27 Edw. 1. cap. 2. be duly put in execution; and that Justices of Peace's Wages may be paid and allowed, as the Statute 14 Ric. 2. cap. 11. directeth, and not otherwise. And that Under-Sheriffs may receive all their Bayliffs Returns and Accompts duly attested upon Oath, before fit Persons appointed to take Affidavits in the respective Counties, and produce the same so attested, to account by, in the Exchecquer; and that the Sature 23 H. 6. be put in execution.
That many Persons guilty of great Offences, 10 Abuse. often forfeit their Recognizances, rather than stand Tryal; by reason Officers intrusted with the Execution, which is the Life of the Law, for Bribes either smother the Recognizances, or discharge them upon wrong Suggestions, and easie Compositions to the King, and make such as by inadvertency, and not out of any ill design, unhappily incur Penalties, often paying great Sums of Money for their Quietus, and Discharges; and exact what they can get of the poorer sort, to the ruine of them and their Families.
That the Clerk of Assizes, Remedy. Clerks of the Peace, and all Officers of the Courts of Justice, to whom it belongs to Record Estreats, and certifie any Fines, Forfeitures, and Compositions into the Exchecquer, may duly make up their Estreats, and set down every Fine, Forfeiture, and Composition in particular; and the Affidavits, and Proofs, or other matter, upon which every Composition or Discharge is grounded: also certifie upon every Fine or Forfeiture not discharged, how the Person, and his Offence doth truly appear to be; that the Justices who are to approve of, and sign all Estreats, may correct what they see amiss; and the Officers may deliver the same so certified and attested upon Oath, that they contain all which came to their knowledge, without Imbezelment of any.
The King's Duty of per Fine, 11 Abuse. upon Alienations, is 10 l. in all Cases for every 100 l. per Annum, contained in Writs of Covenant and Entry, and the Commissioners make Rent, Charges, and Annuities for Life, pay accordingly; yet make Estates in Fee some times, one half of the full Duty; others not an Eighth, Tenth, Twelfth, or Sixteenth part, where the value of Estates, and occasion of levying or suffering Fines and Recoveries differ not, as the Commissioners and Attorneys contrive the matter; And by reason some Commissioners are apt to rate and compound higher than others, most cunning Attorneys and Sollicitors go to him will rate lowest, and certifie them, Affirmed to be as they make them; and in Wales the Farmers screw Fines very high.
That the Owners of the Estates contained in Writs of Covenant and Entry, Remedy. or some credible Person who knows the value thereof, may from time to time certifie the same, by some known Attorney to the Commissioners, who may be impowred to abate what the King thinks fit in ease and favour to his Subjects; as for instance: If the Estate be 200 l. per Annum, where the pr [...]fine is 20 l. the Commissioners may abate 14, or 15 l. thereof, more or less, as the King thinks fit; and so proportionably for Estates of greater or lesser Values, and certifie the Abatement made per Mandatum Dom. Regis, that the Subject may acknowledge the King's Bounty; and the Commissioners may be enjoyned to Register all Proofs whereon they ground their Compositions: And the general Registry may be Methodically and Alphabetically digested by Counties, and lye open for any body at seasonable times to inspect gratis, that in case any Fraud should afterward appear, the King may know on whom to charge it.
That Persons aggrieved by Officers and Attorneys undue practices seldom seek Redress, 12 Abuse. but find the Remedy worse than the Disease, by reason the Kings Attorney and Solicitor Generals practice depends on Officers, Attorneys and Sollicitors bringing them Clients, and the Judges take Fees in Suits, which increase as Proceedings multiply; and large Sums of Money for Offices and New-years-Gifts, which influences them to favour Officers, Attorneys, and Solicitors, because the Judge most favourable, is sure of most Fees.
That the Attorney and Solicitor-General may have such Salaries as the Judges have to acquit their private Practice, Remedy. and addict themselves to popular Actions, Informations, and Pleas of the Crown; and that the King dispose of all Offices as proposed, and take the Duties arising upon Proceedings in Law and Equity into his own hands; that the Judges who are to correct Officers, Attorneys, and Solicitors may be interested to serve the Publick. The Law, to avoid partiality provides, 8 Rich. 2. cap. 2. 23 Hen. 8. cap. 24. That no Man of Law shall be Judge of. Assize where born; and undoubtedly the Statutes, 18 & 20 Edw. 3. were intended for that purpose.
Whereas some thousand Families are ruined by Attorneys and Sollicitors unreasonable Bills of Cost, 13 Abuse. and Officers Exactions.
That the Statute 3 Jacob. 1. cap. 7. and other Laws against Extortion be put in Execution, Remedy. and a Table of the just Fees of every Officer be duly hung up in the Treasury of every Court and Office.
Now whereas the Administration of Justice depends on the right Construction and Execution of the Laws in being; and the Lord Chief Justice Coke saith, Cok. Inst. 1 part, fol. 234. That Justice will never be administred, whereby Religion, Liberty and Property will be invaded, unless Officers come to their places as the Law requireth. And whereas to avoid partiality, it's provided by the Statute of 8 Rich. 2. cap. 2 and 33 Hen. 8. cap. 24. That no Man of Law shall be Judge of Assize where born; and whereas the said Laws of 18 and 20 Edw. 3. 12 Rich. 2. c. 2. and 5 and 6 Edw. 6. cap. 16. were made for the due and impartial Execution of Justice; and whereas the Statute of 27 Hen. 8. cap. 24. restored divers ancient Authorities and Prerogatives of Justice to the Crown, which were severed and taken away by express Grants, and gave no Compensation to the Grantees, because their Estates therein, were to the great detriment and diminution of the Royal Estate, and great delay of Justice. And whereas the Grievances aforesaid, may be redressed by a due Execution of the Laws in force, that are not Repealed, its to be hoped the Parliament will advise and [Page 4]counsel his Majesty to dispose of Offices, as aforesaid, and take away such Fees and Perquisites from Ministers as impede and hinder a right and due Administration of Justice, and diminish the Ancient Revenues of the Crown.
Opinions and Reports of Councel, and others, in the Reign of King Charles the Second, in behalf of Mr. Brunskell.
Attorney-General North's Opinion, in October, 1674.
THat the small Fines and Amerciaments in all Courts, are wholly neglected, which if carefully looked after, will be of considerable value: And the said Brunskell, if His Majesty please to favour him, deserveth an Imployment therein, for so useful a Discovery.
Upon his Retraction, being referr'd to Sir Charles Harboard, he reported:
THat all the Fines are agreed to be due to the King.
Upon the Officers denying the Abuses to be true, the state thereof was referr'd to the Examination of Sir William Jones, who reported:
THat Many of the Abuses are true, and fit to be remedied; and all, or the greatest part may be redressed by the Judges Orders in the respective Courts. And the Discoverer deserveth all due Encouragement for the Service he hath already done, and may for the future do, in discovering these and the like Abuses; also the assurance of a liberal Reward.
Afterward the same state of Abuses was referred in like manner to Sir Robert Sawyer.
THat great Abuses are practised by Clerks; and it's fit such Rules be made, that His Majesty may not be injured; and the Orders seem reasonable in the main to remedy them.
Upon a draught of a Warrant for a Pattent intended to be granted to the said Brunskel, of the Green-wax Fines, he obtained the Opinion of the Persons as follows:
THat a Patent pursuance to this Warrant is Legal, in regard all the Money is actually brought in by the usual and legal Process of the respective Courts: So that the Subject is not vexed with any new way of Collecting or Process, but things run in their usual Channel.
I Am of Opinion, the King may legally grant what is premised; and such Grant in good hands, will be helpful to the Administration of Justice.
The Earl of Anglesey's Opinion.
I Know very well, that this Grant will be for the ease and benefit of the poorer sort of Subjects, who are now miserably oppressed by the Exchecquer -Officers; which makes them so opposite (against their Oaths) to the King's making the just and merciful advantage of this his ancient Revenue of Green-wax.
The Master of the Rolls's Certificate, upon the Lord Keeper North's misrepresenting the said Brunskell.
I Know Mr. Brunskel to be a fit Person to be imployed, for he was one of my Clerks in the Rolls Chappel; which is an Office of great Trust, and did honestly demean himself therein.
Opinions about Presines upon Alienation.
WHere the certainty appeareth what His Majesty's Duty is, the Commissioners cannot abate thereof, having no such Power by their Commission. And in Case the Method observed by former Commissioners, be found greatly to His Majesties prejudice, others more beneficial may be Law be prescribed.
IF His Majesties Duty be certain in itself, I cannot see how the Commissioners can lessen or abate it, without an Authority from the King: Every Person intrusted in His Majesties Revenue, is answerable to His Majesty for the Execution of his Office, and by Suit in the Attorney-General's Name, being convicted of any Fraud, or wilful breach of Trust to His Majesties damage, is liable by Law to make the same good.
King Charles the Second upon the aforesaid Opinions, which are, That he might legally grant the Green-Wax Fines, did Anno 30. of his Reign, Grant one Moiety thereof to the said Brunskell and others, at and under the yearly Rent of 250 l. for 31 Years: But the Lord Chief Justice North prevailed to have a Clause inserted, That it might be lawful for the King in Councel to revoke the same upon due proof of any Inconvenience to the Crown thereby: And without any proof thereof, the said Grant was soon after represented illegal, and revoked: Now 'tis adjudged legal, and granted to the Right Honourable William Lord Pawlet.
King Charles the Second upon the Revocation of the said Grant, gave the said Brunskell a Commissioners place in the Alienation Office, and granted to him the Office of Surveyor of the Green-Wax Fines, but the Lord Chief Justice North and Officers, would not suffer any Rules or Orders to be setled to enable the said Brunskel duly to execute either of the said Offices, and did cut short and stop his Salaries till the King died; and the late King took away both the said Offices from the said Brunskell.
Upon this happy Revolution, the said Brunskell petitioned to be restored; and upon Reference of his Petition, with a State of the said Abuses to the said Barons of their Majesties Exchequer, they Reported severally, That the said Brunskell was a Person well qualified. And the Right Honourable Sir Robert Atkyns, more particularly Reported, who was one of the Judges in the Common Pleas at the time of the said Brunskill's Discovery, and at every Hearing before his Majesty in the Treasury, Countenanced it while he continued Judge in the late Reign of the said King Charles the Second.
Sir R [...]bert Atkyns's Report.
I Find the Petitioner had formerly a Grant of the Office of Surveyor of the Green-Wax, and hath taken pains to inform himself in the Abuses of that Revenue, and hath good Experience in the managing of that and the other Office mentioned in his Petition, and is every way qualified for them.
The Contents of a Certificate of Fifty Members of the late Parliament, upon perusal of Mr. Brunskell's Case.
THat as the said Brunskell was placed in the said Of [...] upon Merit, and removed by the late King, he ought in Justice to be restored, as an Object of his Majesties Bounty, and fitly qualified for the said Offices; and that an Application to Parliament is improper, unless he meet with Disappointments.
The Duke of Bolton's Certificate.
THese are to Certifie the Right Honourable the Lords Commissioners of their Majesties Treasury, That the King hath graciously promised me to restore Mr. Brunskell to his Office of Surveyor of the Green-Wax Fines, and to his Commissioners Place in the Alinaation Office.
The aforesaid Abuses, Reports, Opinions, and Certificates were duly presented to the then Lords Commissioners of their Majesties Treasury, and many Petitions with the same annexed, for a Hearing, yet obtained it not till about the Twenty ninth of Septemb. last, when both Offices were disposed of: And the present Lords Commissioners, assisted with the Right Honourable Sir Robert Atkyns, and their Majesties Attorney General, did think fit to have the said Brunskell make his Application to Parliament, which he hath accordingly done.
The said Brunskell lost 300 l. per Annum, which he got by his Practice, before he made this Discovery in October 1674. and had 60 l. per Annum in Fee, 500 l. in Money, and hath lost all, and contracted Debts upward of 2800 l. by the ill usage he hath met with in the late Reigns, for making and prose [...]ing the Discovery how the just Rights of the Crown, and the Liberties of the People, are invaded by Judges and Officers undue Practices, in discharge of his Oath, which obliged him to maintain and defend the Kings and Peoples just Rights, and discover what he knows to be done or suffered, to the prejudice of either.
Therefore the said Brunskell prays this Honourable House to Redress the Grievances, and Relieve him as to your Honours VVisdoms may seen meet and just, That your Petitioners Suffering may not make good Men afraid to discharge Oath and Duty, and ill Persons in Office worse.