coke a the earl OF Devonshire case hill James disapprove r v tailor barn c the  king by privy seal recite that unserviceable munition belong to the master of  the ordnance grant it to he who thereupon sell it and die hold such munition  can be claim as ancient fee the office have be erect h such grant be void and  the executor of the grantee be Chargeable to the king for the say munition  case of the banker state trial Edward hark vin ab prer n f b g b roll Rep roll  skin Charles earl of Devonshire master of the ordnance general obtain of the  king a privy seal hear date ultimo of the eighth month year king James in  these word James by the grace of God c to our right trusty and right well  belove cousin and counsellor Charles earl of Devonshire our lieutenant of our  realm of Ireland and master of the ordnance general greeting c forasmuch as we  be give to understand that such munition as be utter decay and unserviceable  have be heretofore claim take and enjoy by the master of the ordnance for the  time be as fee and avail to they by reason or in respect of the say office  belong our will and pleasure therefore be and we do hereby give onto you full  power and authority that you may at your pleasure receive and take out of the  store within the tower of London all such break and other unserviceable iron  ordnance shoot and other c more cotton record roll vin ab action m c pl coke  report b er p munition whatsoever as be particular express mention or set down  in a book c and the same to receive retain employ and convert to your own use  c by virtue whereof the say earl take out of the king store within the tower  liver piece of iron ordnance shoot and other munition mention in the say book  and sell they to diverse person for money and so convert they to his coke b  own use and afterward make his will and thereof make a executor and die and  now the question be if the executor of the say earl may be charge to the king  for the say conversion of the say ordnance and munition and the king refer the  examination and consideration of this case to the two chief justice and chief  baron and the counsel of the say executor object that the executor shall not  be charge in this case for three reason because in truth break cast and  unserviceable iron ordnance shoot and other munition belong to the master of  ordnance as fee and avail belong to his office and offer to produce diverse  witness to prove that the master of the ordnance for the time be for sixty  year pass have take the break cast and unserviceable iron ordnance shoot and  other munition as their fee and avail due to their office admit that they be  not fee belong to their office yet the king by his privy seal have give those  especial express in the say book to the say earl by force of which he may  lawful take and convert they to his own use although they be not due to he as  fee and avail in respect of his office for it be object that in this case the  executor can be charge in detinue none of the say king good come to his hand  nor in account for the testator be never bind to the king to render account  neither as bailiff nor as receiver for a no man shall be charge in account but  as guardian in socage bailiff or receiver and there be not other original writ  in the register to charge any in account except in the say three case vide  king h a b Henry account and that be the reason that a apprentice by the name  of a apprentice be not Chargeable in account e f n b d h b and although the  king have the prerogative to charge the executor of a accountant yet he ought  to charge the executor only where the testator be Chargeable in law in one of  the say three case also when any one be charge as bailiff or receiver there  ought to be privity to charge he but when one claim any thing to his own use  there he shall be never charge in account because he may plead never his  bailiff never his receiver to render account and therewith agree Marise Br  account Henry a Edward so in the case at bar the earl claim they to coke a his  own use for which no account lie against he but the personal wrong if there be  any die with his person as to the first it be answer and resolve that the earl  can not claim the say iron ordnance as fee or avail belong to his office for  the say office be erect of late time for king Henry VIII year of his reign by  his letter patent new erect the say office of master of the ordnance and grant  it to Thomas Lord Seymour and after his death in Edward it be grant to sir  Philip hobby and after his death see I Marioa it be grant to sir Richard  Southwell and after his death it be grant to Ambrose Lord Dudley so that the  say earl without question can claim they as ancient fee by prescription to a  new office as to the second it be resolve that the say privy seal be make upon  a false suggestion and that the king be therein deceive for in the king case  these word heretofore claim take and enjoy by the master of the ordnance for  the time be shall be intend to be lawful claim take and enjoy and not by wrong  or usurpation and also this word belong imply a right to take they and  therefore the say privy seal be find upon a false suggestion contain in the  say privy seal and so the king deceive by matter apparent in the same privy  seal by consequence the privy seal be utter void and as to the three objection  it be answer and resolve by the court that although the say earl claim they to  his own use yet he shall be bind to the king a   light b a Owen roll Inst coke  report b er p to account because in the king case the law make a privity for  if any one take the king good or enter into his land wrongful yet the king may  charge he in accordant Henry b Henry b Henry a Henry a Elizabeth dyer brereton  case and ass pl if good be devise to the king in who hand soever they shall  come the possessor shall be charge in account to the king and the king be not  drive to his action of trespass for then by the death of the party the king  will be without remedy but the king may by his prerogative have a action of  account against the executor of the party as appear in light fol and the king  be not bind to charge the defendant as bailiff or receiver as a common person  ought but the king may allege in his information general that he ad Compolum  lord king reddend impore death sum to hold in so many sum coke b of money due  to the king c as appear by many precedent in the exchequer and in the king  bench and therefore if upon evidence it appear that he be Accountable to the  king in any manner he shall be charge as if one by letter patent or by virtue  of his office have power to assess fine upon grant or admittances make to  copyholder within such of the king manor and he assess small fine for the king  and underhand take great sum or other reward of the copyholder to his own use  in deceit and prejudice of the king in that case he may be charge to the king  in account for the whole for in truth the whole be due to the king and the  king who be God lieutenant shall say to such false steward red account  villication@@bs et vellicationis No and if he die his executor in the king  case shall be charge for as sir William Herle chief justice of the bench in  Edward say account ought to be bring render by equity and good faith vide r  title account and e and in ass pl it be hold that the king officer or minister  can do nothing to the king disadvantage but all to his advantage but it be say  that it be without precedent that the executor of any such great officer shall  be charge after his death because he himself can have better discharge himself  than his executor who be stranger to his account and business and therefore it  will be convenient that as his office cease by his death so the charge in  respect of any deceit or wrong concern his office whereof he be not detect in  his life shall cease also by his death as a personal wrong to which it be say  and resolve that the reason make against the prerogative which the law give  the king sure that he shall charge the executor of his accountant and  therefore it be not worthy any other answer but it be not without many  precedent one of which be adjudge in the exchequer which be enter mich Reginee  Elizabeth rot in a information prefer by the attorneygeneral for the queen  against Edward caryi and William Doddington esqr executor of sir Walter  Mildmay Knt late chancellor of the exchequer because the say sir Walter be  bind to the queen the day of his death to render account of diverse sum of  money amount together to of the queen treasure in the receipt of the exchequer  at Westminster inter holiday time of birth domini year I Eliz etidem holiday  year royal power Himself receive to render thereof account to the queen et  quod nemoprodictum compolum coke a tum thus far return nec reddere conalus be  and that the say sir Walter constitute the defendant his executor c t the  defendant plead quod predictus walterus Mildmay non To take back Prd or  aliquan indeparcel ad ind lord Regin compulandum nec die quo to go to hold  eiden lord Regin in put in possession of ind or alicuj ind parcello reddendo  modus etforma c et de hoe ponse super native land notam a good issue by the  rule of the court and the jury find for the defendant save for parcel c for  which they give a special verdict know that year Elizabeth the queen by her  letter patent constitute the marquis of Winchester thesaurar scaccarii Himself  durante bene plea and make he treasurer of England by give he the staff and  afterward in the same first year she constitute the say sir Walter cancellar  scaccarii Himself pro term vine his and afterward in the same first year she  constitute by her letter patent Richard Sackvil soldier Subthesaurar scaccarii  pro boundary vilo sum and that the say roll   b Cr Elizabeth roll Br account  Br Baily dyer pl more   light b sect t bendl godb Swinb roll Rep more cro  Elizabeth coke report b er p treasurer and undertreasurer of the exchequer  Julii make a warrant in write under their hand for the payment to the say sir  Walter Mildmay chancellor of the exchequer of the queen treasure in the  receipt be yearly for his diet and for his attendance at London in the  vacation time during the queen pleasure because the chancellor of the court of  first fruit and ten which court be now annex to the exchequer have allowance  in the same court for his trouble and attendance in the same office and by  reason of the annex of the say court of first fruit and also of the court of  augmentation the say chancellor of the exchequer be charge with more business  and attendance as well in term as out of term more than any chancellor of the  exchequer before have be and these be the reason which move the treasurer and  undertreasurer to make the say warrant and be express in it and direct to four  ordinary teller of the receipt of the exchequer or to any of they and  afterward queen Elizabeth of Mars year royal power Himself good luck direct  her warrant to the treasurer chamberlain and undertreasurer under her privy  seal by which among other article concern the privycouncil and payment of fee  to some officer c due and accustom the say queen will and command they that  they or any one of they from time to time shall pay of the queen treasure for  labour cost and expense of every person who have be or shall be assign or  appoint by our commission or commandment to inquire for we or by we or our  council or by you or any of you command or that shall be coke b put to labour  ride write travel for or about our cause matter and affair thing or thing  whatsoever accord to their desert in as large manner and form as in any time  before have be give or reward in our say exchequer by any treasurer  chamberlain or undertreasurer and more large by their discretion and this be  the clause upon which the defendant counsel rely and the jury further find  that the say be pay to the say sir Walter Mildmay after the say warrant under  the say privy seal for his diet and attendance in the vacation time at London  and that the say money be pay out of the queen treasure by Richard Stonely one  of the teller of the say receipt to the say sir Walter and by the say sir  Walter receive to his own use by force or colour of the say warrant of the say  treasurer and undertreasurer and that the say sir Walter exercise his office  aforesaid and discharge the duty thereof during his life and that the say  Stonely do account yearly before the treasurer and undertreasurer and other  officer to who it appertain to hear and determine the say account and have  allowance for the several payment aforesaid and full discharge for they and if  upon the whole matter the court shall adjudge that the say sir Walter have  receive the say money to render account to the queen then they find for the  queen and if not for the defendant and in that case three point be move if the  Lord treasurer by himself or with any other of the king officer can for the  say or for any other reasonable cause ex officio allow any fee or reward for  the necessary service of the king admit that he have not l3ower ex oJicio if  he have power in that case by virtue of the say privy seal to make the say  allowance or not forasmuch as sir Walter receive they to his own use if he  shall be charge to render account for they upon the say issue join as be  aforesaid as to the first two point be resolve that no officer that the king  have nor all of they together can ex duty issue or dispose of the king  treasure although it be for the honour or profit of the king himself but it  ought to be by warrant from the king himself for it be true that it be for the  honour and profit of the king that good service do to the king shall be reward  but it ought to be reward by the king himself or by his warrant and by no  other for the king treasury be the bind of peace the preserver of the honour  and safety of the realm and the sinew of war be of so high estimation in law  in respect of the necessity of it that the embezzle of treasure trove although  it be not in the king coffer be treason coke a and treasure and other valuable  chattel be so necessary and incident to the crown that in the king case they  shall go with the crown to the a successor and not to the executor as in the  case of common person as appear h a a roll Br prerogative Br guard coke report  b er p Edward and therefore without the king warrant no treasure shall he  issue for any cause whatsoever by any a officer ex duty it be resolve that  every warrant of the queen herself to issue her treasure be not sufficient for  the queen b warrant by word of mouth or which be more the queen warrant in  write under her privy signet be not sufficient to issue her treasure and that  appear by a judgement in the exchequer in Pelilians case hill I e rot in back  where such warrant under the privy signet to issue the king treasure be  disallow vide e a and yet in some case the law take notice of the privy signet  and therefore c if the king under his privy signet do prohibit any to pass out  of the realm it be sufficient f n b a but the warrant which be sufficient in  law to issue the king treasure d ought to be under the great seal or privy  seal as to the second question it be resolve that the say clause do extend to  commissioner and other inferior person which shall travel about the queen  business and e not to the chancellor of the exchequer for who among other a  express clause be before in the same privy seal also this clause be accord to  their desert c so that by the privy seal the merit ought to precede the reward  and in this case the warrant be make before any merit or deserve also the  privy seal be in as large and ample manner and form as in any time before have  be give or reward c and it be not find that before any allowance have be make  to the chancellor of the exchequer of any such fee or reward also it be touch  but not resolve that where the privy seal give f authority to four or to one  of they and two make the warrant that they have not pursue their authority  vide Henry Henry b as to the three point it be resolve that although the say  sir Walter receive the king treasure to his own use yet forasmuch as he  receive it without a lawful warrant he know that it be the king treasure the  law make a privity in the king case and therefore he may charge he as a  accountant g and so it be adjudge in the exchequer pasch Elizabeth rot Jurdens  case coke b and in the king case it be not needful that the money or good come  to the hand of the testator but if he be a mean or instrument by which the  king be put to loss or damage he shall be charge for so much as the king be  damage and he shall be compel at the king suit reddere account thereof which  be in the nature of a account and therefore there be a notam ble precedent in  the exchequer mich Edward rot where the case be quod willielm a porter be  magister Monelce c covenant with the king by indenture enrol that all the  bullion which shall be deliver ad cambium king pro monetafacienda that money  shall be deliver for it within eight day which covenant the say William porter  break for he do not deliver to diverse subject their money due to they for the  bullion which they bring ad cambium accord to his covenant upon which upon  show the same in the exchequer the king pay to they all the money due for the  bullion and because b Johannes Walweyn et h Picard cluxerunt et prsent@verunt  dictum will porter in offlcium mock tanquagn to put under and that they offer  to be surety for he but be not accept of which matter the say I Walweyn and h  Picard confess a more cro Elizabeth b roll Inst light Rep Cr Elizabeth more c  roll dyer pl pl pl   b more Inst jenk cent d more Inst light Rep roll e more f  roll   light b dyer h pl Yelv Nov hut roll Rep cartel cro Elizabeth   a palm  pop   b cro James Bulstr roll Rep Perk sect roll cro Elizabeth more Leon Leon  g cro Elizabeth W c a godb roll Rep b Mod coke report a er p therefore to look  at closely be quod rcedicti john Walweyn et henr Picard a load versus owner  king c and be charge to satisfy the king all the money which the king have pay  for the say William porter and c although none of the king treasure come to  their hand nor have they any private benefit by any matter that appear in the  say case yet because they be mean and cause of the king loss and damage they  be by judgement charge to the king and forasmuch as they be Chargeable by the  law in that case if they have die before judgement against they without  question their executor c shall be charge for where the testator be by law  Chargeable to satisfy the king for loss or damage do to he his death shall not  dispense with it but his executor c shall be charge to the king a and it be  resolve that in the say case the queen d either may charge the executor of sir  Walter or those who make such unlawful warrant at her election and a judgement  be cite in the argument of this case de boundary Trin year Edward rot in the  exchequer one e Walter de Chirton the king customer have purchase certain land  with the king money and by covin have cause the vendor to feoff his friend in  fee to defraud the king and nevertheless take the issue and profit of the land  to his own use and those land by inquisition be return coke a with the value  into the exchequer and there by judgement be seize into the king hand until  what time c and yet the estate of the land be never in he but he who intend to  deceive the king of that which belong to he will in the end deceive himself  vide reader where and how the king shall levy the sum of which any one be  Chargeable to he by the law not only against the party himself his land and  good in his own hand but in the hand of his heir assign executor or  administrator and if he have no executor or administrator then in the hand of  the possessor of the good of the decease to render a account to the king c and  for that vide a notam ble record in Scaccario de term mich year b rot h ex  part rememoratoris king Thomas a Favels case which be a exchequer Chamber case  by all the justice and baron and vouch by the Lord dyer Phil and mark pasch  Elizabeth rot III b sir William cavendish case and report by the Lord dyer  Elizabeth blow Com in the case of i a and b vide ass pl and afterward the  executor of the say earl of Devonshire satisfy the king for all the say iron  ordnance shoot or munition which he without warrant have convert to his use