The works of Francis Bacon, lord chancellor of England.

THE OFFICE OF ALIENATIONS. 323
before the same justice; then is the recognition made either before some such justice, or before
and value, signed with the handwriting of that the said doctor, that the lands, comprised in the
justice, carried by the cursitor in chancery for writ, be not worth above forty shillings by the
that shire where those lands do lie, and by him year, to be taken. And albeit now here can be
is a writ of covenant thereupon drawn and no composition, since the queen is to have no fine
engrossed in parchment; which, having the same at all for unfinable writs, yet doth the doctor envalue endorsed on the backside thereof, is brought, dorse his name, and cause the youngest, or third
together with the same paper that doth warrant clerk, both to make entry of the writ into a third
it, into this office; and there first the doctor, con- book, purposely kept for those only writs, and
ferring together the paper and the writ, endorseth also to endorse it thus, finis nulls. That done,
his name upon that writ, close underneath the it receiveth the names of the deputies, endorsed
value thereof; then, forasmuch as the valuation as before, and so passeth hence to the ceustos brevitum
thereof is already made, that writ is delivered to as the rest. Upon every docket for license of
the receiver, who taketh the sum of money that alienation, or warrant for pardon of alienation, the
is due, after the rate of that yearly value, and party is likewise at liberty either to compound
endorseth the payment thereof upon the same writ with the deputies, or to make affidavit touching
accordingly: this done, the same writ is brought the yearly value; which being known once and
to the second clerk, who entereth it into a several set down, the doctor subscribeth his name, the
hook, kept only for final writs of covenant, to- receiver taketh the money after the due rate and
gether with the yearly value, and the rate of the proportion; the second clerk entereth the docket
money paid, with the name of the party that made or warrant into the book that is proper for them,
ihe affidavit, and the justice that took it: and at and for the writs of entry, with a notice also,
the foot of that writ maketh a secret mark of his whether it passeth by oath or by composition;
said entry: lastly, that writ is delivered to the then do the deputies sign it with their hands, and
deputies, who seeing that all the premises be so it is conveyed to the deputy of Mr. Bacon.
orderly performed, do also endorse their own clerk of the licenses, whose charge it is to procure
names upon the sarme writ, for testimony of the the hand of the lord chancellor, and consequently
money received. Thus passeth it from this office the great seal for every such license or pardon.
to the custos brevium, from him to the queen's There yet remaineth untouched the
silver, then to the chirographer to be engrossed, order that is for the mean profits; for upo forfegiture
and so to be proclaimed in the court. But if no which also there is an agreement made ofean pro
affidavit be already made touching the value, then here when it is discovered that any alienation
is the writ of covenant brought first to the depu- hath been made of lands holden in chief, without
ties, ready drawn and engrossed; and then is the the queen's license; and albeit that in the other
value made either by composition had with them cases, one whole year's profit be commonly
without any oath, or else by oath taken before the payable upon such a pardon, yet, where the
doctor; if by composition, then one of the depu- alienation is made by devise in a last will only,
ties setteth down the yearly value, so agreed the third part of these profits is there demandable.
upon, at the foot of the backside of the writ; by special provision thereof made in the statute of
which value the doctor causeth one of the clerks 34 H. VIIi. c. 5, but yet every way the
to write on the top of the backside of the writ, yearly profits of the lands so aliened 34
as the cursitor did in the former, and after that without license, and lost even from the time of
the doctor endorseth his own name underneath it, the writ of scire ficias, or inquisition thereupon
and so passeth it through the hands of the re- returned into the Exchequer, until the time that
ceiver, of the clerk that maketh the entry, and of the party shall come hither to sue forth his charter
the deputies, as the former writ did. But if the of pardon for that offence.
valuation be made by oath taken before the doctor, In which part the subject hath in time gained
then causeth he the clerk to endorse that value double ease of two weighty burdens, that in
accordingly, and then also subscribeth he his former ages did grievously press him; the one
name as before; and so the writ taketh the same before the institution of this office, and the other
course through the office that the others had. sithence; for in ancient time, and of right, as it
Proceeding And this is the order for writs of is adjudged 46 E. III. Fitzh. fobfait 18, the mean
upon writsof covenant that be finable: the like profits were precisely answered after the rate and
whereof was at the first observed, in proportion per diema, even from the time of the
the passing of writs of entry of lands holden in alienation made. Again, whereas, before the rechief; saving that they be entered into another ceipt of them in this office, they were assessed by
book, especially appointed for them, and for the affidavit from the time of the inquisition found,
licenses and pardons of alienations; and the like or scire facias returned, now not so much at any
is now severally done with the writs of entry of time as the one-half, and many times riot the
lands not so holden: which writs of covenant or sixth part of them is exacted. Here, therefbre.
entry not finable, thus it is done: an affidavit is above the rest, is great necessity to show favout