The works of Francis Bacon, lord chancellor of England.

324 THE OFFICE OF ALIENATIONS.
and merciful dealing; because it many times hap- at the least, and sometimes twice so much, before
peneth, that either through the remote dwelling he could find the means to be delivered.
of the party from the lands, or by the negligence Thus have I run through the whole
or evil practice of under-sheriffs and their bailiffs, order of this practice, in the open time avoiding cor
the owner hath incurred the forfeiture of eight or of the term; and that the more parti- ruptio..
ten years' whole profits of his lands, before he cularly and at full, to the end that thereby these
cometh to the knowledge of the process that run- things ensuing might the more fully appear, and
neth against him; other times an alienation made plainly bewray themselves: first, that this present
without license is discovered when the present manner of exercising of this office hath so many
owner of the lands is altogether ignorant that his testimonies, interchangeable warrants. and counlands be holden in chief at all: other times, also, ter-rolments, whereof each, running through the
some man concludeth himself to have such a hands and resting in the power of so many several
tenure by his own suing forth of a special writ of persons, is sufficient to argue and convince all manlivery, or by causeless procuring a license, or par- ner of falsehood; so as, with a general conspiracy
don, for his alienation, when in truth the lands be of all those offices together, it is almost impossible
not either holden at all of her majesty, or not to contrive any deceit therein: a right ancient and
holden in chief, but by a mean tenure in soccage, sound policy, whereupon both the order of the
or by knight's service at the most. In which accounts in the Exchequer, and of the affairs of
cases, and the like, if the extremity should be her majesty's own household, are so grounded
rigorously urged and taken, especially where the and built, that the infection of an evil mind in
years be many, the party should be driven to his some one or twain, cannot do any great harm,
utter overthrow, to make half a purchase, or more, unless the rest of the company be also poisoned
of his own proper land and living. by their contagion. And, surely, as Cicero said,
The chief About the discovery of the tenure in Nullum est tam desperatum collegium, in quo non
clerk. chief, following of process for such unus e multis sit sana mente prwditus, Secondly,
alienation made, as also about the calling upon that here is great use both of discretion, learning,
sheriffs for their accounts, and the bringing in of and integrity; of discretion, I say, for examining
parties by seisure of their lands, therefore the first the degrees of favour, which ought to Inequality of
and principal clerk in this office, of whom I had be imparted diversely, and for discern- rates justfiablac
not before any cause to speak, is chiefly and in a ing the valuations of lands, not in one place or
The discharge manner wholly occupied and set on shire, but in each county and corner of the realm;
folleth not in work. Now, if it do at any time hap- and that not of one sort or quality, but of every
chief ptwhen be n -
ise sed errolo- pen, as, notwithstanding the best en- kind, nature, and degree: for a taste whereof, and
ously. deavour, it may and doth happen, that to the end that all due quality of rates be not
the process, howsoever colourably awarded, hath suddenly charged with infidelity, and condemned
not hit the very mark whereat it was directed, but for corruption; it is note-worthy, that favour is
haply calleth upon some man who is not of right here sometimes right worthily bestowed, not only
to be charged with the tenure in chief, that is ob- in a general regard of the person, by which every
jected against; then is he, upon oath and other man ought to have a good pennyworth of his own,
good evidence, to receive his discharge under the but more especially also and with much distincbands of the deputies, but with a quousque, and tion: for a peer of the realm, a counwith s8lye jure domino. Usage and deceivable seller of state, a judge of the land, an Th
manner of awarding process cannot be avoided, officer that laboureth in furtherance of the tenure,
especially where a man, having in some one or poor person, are not, as I think, to be measured
place both lands holden in chief, and other lands by the common yard, but by the pole of special
not so holden, alieneth the laws not holden: grace and dispensation. Such as served in the
seeing that it cannot appear by record nor wars, have been permitted, by many statutes, to
otherwise, without the express declaration and alien their lands of this tenure, without suing out
evidences of the party himself, whether they of any license. All those of the chancery have
be the same lands that be holden, or others. claimed and taken the privilege to pass their
And, therefore, albeit the party grieved thereby writs without fine; and yet, therefore, do still
may have some reason to complain of an untrue look to be easily fined; yea, the favourites in
charge, yet may he not well call it an unjust court, and as many as serve the queen in ordi
vexation; but ought rather to look upon that ease, nary, take it unkindly if they have not more than
which in this kind of proceeding he hath found, market measure.
where, besides his labour, he is not to expend Again, the consideration of the place
above two-and-twenty shillings in the whole or county where the lands do lie, may h
charge, in comparison of that toil, cost, and care, justly cause the rate or valuation to be the more
which he in the case was wont to sustain by the or less; for as the writs too commonly report the
writ of certiorari in the Exchequer; wherein, be- land by numbers of acres, and as it is allowable,
sidOs all his labour, it did cost him fifty shillings for the eschewing of some dangers, that those