People of England were Stout and True-hearted if Rich and Justly dealt with and Religiously Governed but if Oppressed they would Rebel and his way to be Great was to Suppress Vice and Encourage Virtue And his Son Hen. V. following his Father's Advice advanced the Judge that did punish him Subdued the Scots took their King Prisoner and Conquered France And Queen Elizabeth being told That one Carwarden had presented several Petitions to her Majesty praying her Majesty to hear how he had been Oppressed for Discovering Abuses in her Majesty's Customs but obtained no Answer her Majesty answered He should be heard But some of the great Officers disswaded her Majesty pretending the said Carwarden to be a Poor Impertinent Projecting Fellow and that hearing him would occasion others to be as Troublesome to her Majesty whereupon her Majesty replied As he was Poor she was more bound to do him Justice and his being a Projector was a sign he had Brains and she and her Council could Judge of his Business and if he was Impertinent she knew how to Correct him And upon a hearing finding his Discoveries solid and true advanced him to a Place of 800 l. per Annum and his Sons after him Enjoyed the same to the Restauration of King Charles II. and her Majesty Reigned Forty four Years and four Months happily And King James I. did the like to one Mr. Vernon upon his Discovery of Abuses in his Majesty's Court of Exchequer And as these Kings and Queens are Chronicled for their Wisdom and Justice so the Folly of others is Recorded that After-ages may know what to eschew or imitate Therefore as I was a Record-keeper and am bound by Oath to be as Serviceable as I may or can be in my particular Calling or Profession I hope Your Lordships will pardon me for Communicating my Experience to Your Lordships who may Improve the same for His Majesty's Service And though my own Case may be no way pleasing to some yet as I am a Christian I desire that such things as I have Suffered for Discharge of Oath and Duty may for the future be prevented for the Common Good and Benefit of my King and Countrey That Oaths the Essentials of Law and Good Government may have their wished Effects so that Present and After-ages may proclaim his Majesty's Glory and the great Wisdom and fustice of His Majesty and his Councils to the Worlds end all which is the Hearty Desire of Your Lordships Most Dutiful Humble and Obedient Servant Percival Brunskell TO THE High Court of PARLIAMENT May it Please Your Lordships and Your Honours THE Wisdom of the Law soon after the Conversion of England to the Christian Faith Established Oaths enjoining Officers upon Pain of Temporal Punishment to do what they are obliged by their Vow in Baptism to do upon Pain of Eternal Punishment And Indulgences and Dispensations were not Countenanced by Publick Authority and Practised but when the Imperial Crown was under the Yoak of the Pope's Usuped Supremacy wherefore no sooner was Popery Banished but to hinder its return it was provided by a Law (a) 5 and 6 Edw. 6.16 That none but Persons worthy and meet should be advanced to Offices and further provided by several Laws (b) 1 Eliz. 1. 3 Jac. 1. cap. 4. 7 Jac 1. cap. 5. That none should be admitted to Ofsices but such as besides the usual Oaths would Abjure the Pope's Supremacy and all Forreign Jurisdiction And so late as in the 13th Year of King James the First (c) Inst 1 p. f. 234. Judgment was given against some in the King's Houshold That had incurred the Penalties of the Laws against Buying and Selling Offices and it was adjudged (d) Inst 3 p. f. 148. Bribery in Judges to Sell Offices also declared (e) 1 p. 234. That Justice will never be Administred until that Golden Law 12 Rich. 2. Cap. 2. be observed in having Persons for their Services Rewarded and none advanced to Offices for Money Brocage Favour or Affection because if Money the Root of all Evil advance Men to Offices Bribery Extortion and what not will put out the Eyes of Justice And if Favour or Affection give preference Partiality will make Justice Deaf Dim-sighted and Dull of Understanding 21 Jac. 1. cap. 3. And Monopolizers of Useful Discoveries and Projections were suppress'd to Encourage Men of Wit and Parts to employ their Talents for the Benefit of themselves and the Publick But as soon as the Judges Dispensed with the Statute 12 Rich. 2. Cap. 2. Others by their Example did the like whereby Wards and their Estates became a prey to Ill Officers and worse Guardians And Petitioners for Redress of Grievances or Reward of Services danced Attendance like Mordecai at the Palace Gates and Judges and Officers made the Laws speak no Language but what they pleased until one Oppression upon the Neck of another occasioned the Never-to-be-forgotten Rebellion in Anno 1641. And ever since our Annals have been stuffed up with Acts of Oblivion and Pardons and so little mention made of any Restitution to Persons wronged or Reward given to any for Good Services that Oaths the Essentials of Law and Good Government benefited few but such as Dispensed therewith And now the Imperial Crown is placed with all its Endowments upon His Majesty's Sacred Head Oaths are still in force to oblige all in such Offices as I was in to make Discoveries and Proposals for the Service of the Crown and People as I have done upon that Consideration All to whom my Case hath been referred have Reported me worthy of a Reward and His Majesty was Bountifully inclined to me But some of the Persons Intrusted to fulfil His Majesty's Pleasure Robbed me of His Majesty's intended Bounty and Cloathed their own Relations 29 Sept. 1690. Vide Report of Committee and Votes 27 Dec. 1690. The Acts since passed or Purchasers therewith and I was directed to make my Discoveries and Proposals to Parliament and the same was so well Received and Approved on that some part thereof is made use of and the rest may at Pleasure be Accomplished for the Service of the Publick Yet the House of Commons last Sessions did not Agree with the Committee for an Address in my behalf to His Majesty by Reason the Report of the Committee was made to the House at the latter end of the Session when most of the Members were gone Home and such as were present were so busily employed to make Discoveries of their own Members suspected to be Guilty of Bribery the sad Effects of Buying and Selling Places of Trust that no Report was made of me or my Case to the King and His Majesty knowing few Persons or their Services but by Report and wanting Time to Read my Case I remain a Petitioner stript of Estate and Practice plunged deep in Debt deprived of Liberty and Property afflicted with Creditors Abroad and with the Cries and Tears of a Distressed Wife and
Legal Process of the Respective Courts so that the Subject is not vexed with any new way of Proceeding but Things run in their usual Channel Tho. Raymond Edm. Saunders John Sympson Sir William Williams Opinion being also Required he gave it as followeth I am of Opinion Sir William Williams Opinion the King may Legally Grant what is premised and such Grant in good Hands will be helpful to the Administration of Justice William Williams Then it was Objected That it was impracticable whereupon the Opinion of the Judges of Ireland were required who Certified That the Revenue of Green-Wax was managed by Farmers Certificate from Ireland and a Surveyor there Then the Late Earl of Anglesey's Opinion was Required who Certified I know very well Earl of Anglesey Lord Privy Seal's Opinion that this Grant will be for the Ease and Benefit of the Poorer sort of People who are Miserably Oppressed by the Exchequer-Officers which make them so opposite against their Oaths to the King 's making the Just and Merciful Advantage of this his Ancient Revenue of Green-Wax Anglesey C.P.S. Then the said Brunskell was Represented to have Misbehaved himself in the Rolls Chappel whereupon Sir Harbotle Grimstone then Master of the Rolls Certified I know Mr. Sir Harbotle Grimston's Certificate Brunskell to be a fit Person to be Imployed in His Majesty's Service for he was one of my Clerks in the Rolls Chappel which is an Office of great Trust and did Honestly Demean himself therein Har. Grimston Mr. Coates Certificate being Required he Certified I do Certifie That Mr. Percivall Brunskell was my Clerk Five Years Mr. Coates Certificate and his Father gave me 100 l. with him and he was a Sober Vertuous Studious Youth and so Diligent and Faithful that whereas I had a Hundred Pound with him I would give 100 l. for such another Jo. Coates Then the Grant of the Green-Wax Fines and Office of Surveyor was made to several Persons of Honour and the said Brunskell but before any Execution thereof it was Revoked And after long strugling the King Granted the said Office of Surveyor and also a Commissioners Place in the Alienation-Office to the said Brunskell But it was Objected He being no Gentleman was not qualified to sit with the other Commissioners in the Alienation-Office who were Honourable Persons Whereupon the King desiring to know the said Brunskell's Pedigree Sir William Dugdale Norroy at Arms Certified he was Well-descended of good Parents both by Father and Mother side and had a good Coat of Arms and Records were also produced whereby it appeared That his Father and Ancestors were Ancient Tenants in Capite Then the said Chief Justice North and the Commissioners in the Alienation-Office so Contrived the Matter that the said Brunskell was but One Commissioner of Five in the Alienation-Office and Three made the Querum and the Judges refusing to make Orders to Subject their Officers to yield Obedience to the King's Grant nothing could be done Then the Old Commissioners in the Alienation Office justified their Authority to Abate of the Duty whereupon the Opinions of Sir Robert Sawyer and Mr. Ward now Lord Chief Barons were desired which are as follow Where the Certainty of the Duty appeareth Sir Robert Sawyer's Opinion the Commissioners cannot Abate thereof having no such Power by their Commission And in Case the Method observed by former Commissioners be greatly to His Majesty's Prejudice others more Beneficial may by Law be prescribed Robert Sawyer If His Majesty's Duty be Certain in it self Mr. Ward now Sir Edward and Lord 〈…〉 I cannot see how the Commissioners can Lessen or Abate it without an Authority from the King Every Person Intrusted in His Majesty's Revenue is Answerable to His Majesty for the Execution of his Office and by Suit in the Attorney Generals Name being Convicted of any Fraud or wilful Breach of Trust to His Majesty's Damage is liable by Law to make the same good Edward Ward After this a Hearing before the King in Council was appointed about settling Rules and Orders for the better Management of the several Duties and Redress of the said Abuses But the Judges opposing and the Charter of London and other Matters being at the same time upon the Stage wherein the Judges were thought useful nothing was ordered or settled Then great Endeavours were used to have the said Brunskell removed but not prevailing with the King to displace him the Lord Chief Justice North caused the said Brunskell's Salaties to be stopt whereupon he Printed a Book Dedicated to the King and therein set out how Cruelly he had been Abused with Heatings and Rehearings References Reports Attendance and Dependance and how often he had been Attempted to be Murdered and how narrowly he had escaped and what Debts he had Contracted besides what Damage he had sustained by the Loss of his Practice and the Expence of his own Estate for Discharge of Oath and Duty and Vindicated his Discovery and Proposals with so much clearness that King Charles the Second was pleased to say The said Brunskell 's Salaries should be paid and that he should soon be Liberally Rewarded and provided for and that it should not be in the Power of the Judges and Officers to Hurt him or Rob him of His Majesty's Bounty But the King dying suddenly soon after nothing was done Upon the Late King's Access to the Crown both the said Offices were granted away Upon this Revolution the said Brunskell Petitioned His Now Majesty for the said Office of Surveyor of the Green-Wax Fines and a Commissioners Place in the Alienation-Office and was referred to the Barons of the Exchequer who Reported That the said Brunskell was well Experienced Lord Chief Baron Sir Ro. Atkins c. and every way well-qualified for the said Offices and had taken great Pains to find out Abuses and Deserved the said Offices And Fifty Members of the Convention Parliament Certified Certificate of the Convention Parliament That the said Brunskell was a fit Object of His Majesty's Bounty and deserved the said Offices But Relations to Persons in great Power being Competitors for the said Offices leaped over Reports Caveats and what not whereupon the said Brunskell Petitioned for a Hearing either before His Majesty in Council or in the Treasury Chamber but obtained no Hearing Then the said Brunskell humbly proposed how Proposal and which way His Majesty might Get and Save Three Hundred Thousand Pounds per Annum and Ease his People of so much and as much more Yearly and desired leave to make good his Proposals 29 Sept. 169◠And by His Majesty's Appointment obtained a Hearing in the Treasury Chamber before the then Lords Commissioners Lord Chief Baron Atkins and Sir George Treby then Attorney General and maintained his Proposals as followeth The People of England after long Experience of several Kings with separate Interests were no sooner Happy under the Government of one but unanimously Endowed the
Crown with the Sole Disposition of Honours and Offices of Profit and with Power to Reward and Punish And when in Times of Usurpation several Ancient Prerogatives and Antiquities of Justice were severed by Grants from the Crown the People found themselves so greatly Oppressed by Men of Private Interest that no sooner was the Popes Usurped Supremacy shaken off 27 Hen. 8. cap. 24. But the Authorities of Justice and the Ancient Prerogatives so severed were reunited to the Crown by Act of Parliament And as His Majesty is the Fountain of Justice as well as Patron and Protector of the Church And as Offices as well as Benefices are Donative And as Offices are incident and originally Instituted to support the Administration which is inseparably United and Annexed to the Imperial Crown and Dignity His Majesty may reasonably make such Profit of Temporal Offices as His Majesty doth or ought to make of Spiritual Benefices And Acts of Parliament impowering any to do (a) Dyer 225. Hob. Rep. 146. what His Majesty hath Right to do shall not bar His Majesty from doing it because such Acts were intended to Ease His Majesty of Labour not to deprive His Majesty of His Power or Prerogative which is the most Essential part (b) Instit 1 p. f. 119. 2 p. 436. of the Laws of England The Construction which is made of the Proviso in the Statute 5 and 6 Edw. 6. for the Judges to Sell Offices is Repugnant to what the Act intended to remedy and (a) Cook 's Reports Alton Wood 's Case Plow Com. 561. Dyer 231. 313 1 Instit 381. void but the words are only That they may do as formerly and by the Statute 12 Rich. 2. Cap. 2. and 18. and 20 Edw. 3. they are Prohibited to take Money for Offices Fee or ought of Profit of any but the King For that reason former Judges until the Rebellion in 1641. unhinged the Government (b) Inst 3 p. f. 145 148. did hold and adjudge it Bribery for any in Judicial Office to Sell Offices or take Money Fee or Gift or ought of Value of any but the King And it 's the Opinion of a Learned Judge (a) Co. Inst f. 234. That Justice will never be Administred until the Golden Law 12 Rich. 2. Cap. 2. be observed which provides That such as have the Ordaining Naming or Making of any Officer under the King shall not do it for Money Favour or Affection because if Money the Root of all Evil Advance Men to Offices Bribery Extortion and what not will put out the Eyes of Justice And if Favour or Affection on give preference Partiality will make Justice Deaf Dim-sighted and Dull of Understanding King Henry VIII Granted the Disposition of Felons Goods to his Almoner and without taking any notice of the Grant to his Almoner Granted divers Felons Goods to one Hales The Almoner disputed his Right yet the Grant (a) 〈◊〉 Rep. Alton wood 's Case to Hales was adjudged good against the Almoner because the Almoner was only a Minister in Trust for the King So the Office of Master of the Rolls (b) Institutes 3 part fol. 95 96. was settled by Grant or Letters Patents under the Great Seal to be in the Disposition of the Chancellor or Keeper of the Great Seal for the Time being yet when it became void (a) 18 Ed. 4. f. 7. Hâ—b Rep. 153. It was adjudged to be in the King's Gift The Disposition of other Offices upon like Disputes between the King and his Judges have been adjudged for the King by reason the King cannot Lose his Original Right by lapse of Time and Offices upon their Erection were not worth his Care or Cognizance now they are Choice Flowers in His Majesty's Garden and if such as had Inferior Offices in their Gift could not maintain their Title thereto in Point of Law who under the umbrage of general Words of all Perquisites and Advantages can pretend to Offices that are known by express Names seeing the Statute 1 Hen. 4. Cap. 6. provides That nothing shall pass out of the Crown without express mention And the Judges have not any Inferior Office by Name Granted to them and none but the Judges have any Colour or Claim to Inferior Offices His Majesty by disposing of Offices may Reward good Services and raise a Revenue Vno eodem tempore As for instance if His Majesty give A. B. an Office of Value upon Condition to pay One Years Profits in Two Years time by Quarterly Payments A. B. will have one half to live on while the other is paying and will have the whole after Two Years And A. B. will save above Seven or Eight Years Value in ready Money at the Rate Offices have been Sold in Courts of Justice and Five or Six Years at the Rate Offices have been Sold in the Houshold And the Money arising by the Profits so taken will Ease all Loving Subjects of so much in new Aids and Taxes And if Officers of Courts of Justice Pay no Ready Money they will not make Suitors Expend more than the Value of the thing in Suit as too many have done to Reimburse themselves A Registry of the Names of Persons Useful and Serviceable to the Publick was kept 〈…〉 sub Titulo Privy Council and such were well Rewarded according to their Services and Qualifications with Offices of the King's Gift and was a Registry kept and Persons preferred as Registred it would prevent strugling for Offices at this Day which would be good Service For if Three be Competitors for an Office 't is Morally impossible to oblige One without disobliging Two 13 Edw. 1. Cap. 〈◊〉 and Persons disgusted are apt to be Factious And His Majesty may Legally supply most Defects or Abuses either in the Exposition or Execution of the Law such Power being expresly Saved in and Reserved to the Crown by a Law The Casual Revenue arising by Fines and Penalties is very Ancient and is augmented by every new Law which is seldom without Penalties to make it be observed so that in Case the Abuses discovered were Redressed and Penalties rightly managed they would not only be a great Revenue to His Majesty but support the Administration of Justice without which neither his Majesty nor his People can be Happy For that Reason the Wisdom of the Law took more than ordinary Care to have that Revenue called Green-Wax Fines arising by Fines Forfeitures Issues and Amerciaments well Managed and duly Answered as appears by the many Laws made for that purpose (a) 51 He. 3. St. Scaâ— 10 Ed. 1. St. Ruâ—â— 27 Edw. 1. Cap. â—â— 9 Edw. 3. Cap. 12 Ric. 2. Cap. 1â— 6 Hen. 4. Cap. 3. 7 Hen. 4. Cap. 3. 1 Hen. 5. Cap. 4. 4 Hen. 5. Cap. 2. 23 Hen. 6. Ca. 1â— 11 Hen. 7. Cap. 1â— 27 Hen. 8. Cap. 2â— 7 Edw. 6. Cap. 18 Eliz. Cap. 5. 27 Eliz. Cap. 10. 21 Jac. 1. Cap. 4. 22 and 23 Car. â— Cap.