banker case modern er report date case the king against hornby or the banker  case S c how saint Tri see Thomas v the queen l r Q b Windsor c railway  company v the queen and western county railway company App Cas the revenue of  the excise give by parliament to Charles the second his heir and successor in  lieu of ware livery purveyances c be a gift to he in fee and be like other  inheritance alienable a grant make by he of so much ayear out of the say  hereditary revenue of excise for the payment of the interest of such sum of  money as he have borrow from individual subject be good and valid in law and  bind the king successor and to procure the payment of such annuity the  patentee may petition the baron of exchequer S c comb S c Carth S c Freem S c  skin S c state trial a petition to the treasurer and baron of the exchequer be  exhibit by Joseph Hornby in Hilary term the first year of William and mary for  the allowance of letter patent grant by king Charles the second modern for  payment of a annuity out of the excise c the attorneygeneral demurrer general  the court give judgement for the petitioner Hornby the attorney general  thereupon bring a writ of error which be argue in the exchequer Chamber where  the judgement be reverse record petition et morac SUPERINDE et judgment et  short catalog de error boundary consecrated Hillarii year I Gulielimi et  nariae king et queen land Mid memorandum quod Josephus Hornby de land  gentleman go for sale in person baron de Scaccario fivepercent tax primo die  October hoc boundary in not common with others mask svan et to hold forth  curiae hic a certain litter patenes dom caroli favorable recently king England  c sub Magno seal England confect geren that the thirtieth die April year royal  power dict dom caroli recently king England fivepercent tax the ninth eid  josepho Hornby heir et assignat nest confect de one year old To give back sive  summa mille three hundred fifty et duar balance seventeen solid et ten denar  annuatin solvend recipiend et percipiend England take per pillage josephum  Hornby heir et assign swine in continuous de redditibus reventionibus adj et  search everywhere for et emolument et loosing reserve surgen crescen et  provenien eid recently dom king carolo good luck heir et successor nest de pro  ex sive ration debt is owed cut England duty of excise super drink lupulat et  illupulat et elsewhere fluid infra regn England a house walliae et will  Berwici super twedam army right of way for cattle parliament fact year royal  power the same recently king caroli favorable duodecimo entitle a Act for take  away the court of ware and livery and tenor in capite and by knight service  and purveyance and for settle a revenue upon his majesty in lieu thereof that  et concess solvend quarteriatim videlicet ad holiday annunciationis happiness  nariae maiden birth consecrated John baptist consecrated mich arch et birth  dom per level ground et comrade part sub trust in the same litter to stand  open to press out et pillage modern er p Josephus Hornby petit litter patent  de think over hic irrotulari Quas indeed litter patent baron hic To take back  et that law et sub serie a word in the same litter patent content irrotulari  to take beforehand et tenor earund a letter patent sequitur in haec word  scilicet modern Charles the second by the grace of God of England Scotland  France and Ireland king defender of the faith c to all to who these present  shall come greeting whereas since the time of our happy restoration we have be  involve in great and foreign war as well for the safety of our government as  for the vindication of the right and privilege of our subject in the  prosecution whereof we have be constrain for some year pass contrary to our  inclination to postpone the payment of the money due from we to several  goldsmith and other upon tally strike and order register on and Payable out of  several branch of our revenue and otherwise and although the present posture  of our affair can reasonable spare so great a sum as must be apply to the  satisfaction of those debt yet consider the great difficulty which very many  of our love subject who put their money into the hand of those goldsmith and  other from who we receive it do at present lie under almost to their utter  ruin for want of their say money we have rather choose out of our princely  care and compassion towards our people to suffer in our own affair than that  our love subject shall want so seasonable relief and have serious consider of  the way and mean to effect this our present purpose we can not find any more  effectual and less prejudicial to we in the present posture of our revenue  than by grant to each of they the say goldsmith and other to who we be indebt  as aforesaid respective and to his and their heir and assign a annual sum or  payment answerable in value yearly to the interest of their respective debt at  the rate of six pound per cent per annum for all such money that be due unto  they the consideration whereof induce we to command our high treasurer of  England to cause all the account of the say goldsmith to be state and make up  by Richard Aldworth Esq one of our auditor to the first day of January which  have be accord cast up and settle it appear thereby that there be due and owe  by we unto our trusty and wellbeloved subject Joseph Hornby of London  goldsmith the sum of twentytwo thousand five hundred and fortyeight pound five  shilling and sixpence in satisfaction whereof accord to our intent in these  present express we have resolve to grant unto he the sum of one thousand three  hundred fiftythree pound seventeen shilling and ten penny per annum out of  that part of our revenue of excise which be grant to we our heir and successor  for ever by a Act of parliament make in the twelve year of our reign entitle a  Act for take away the court of ware and livery and tenor modern in capite and  by knight service and purveyance and f r settle a revenue upon his majesty in  lieu thereof know the therefore that we for the consideration aforesaid and in  satisfaction or lieu of the say debt or sum of twentytwo thousand five hundred  fortyeight pound five shilling and six penny by we owe to the say Joseph  Hornby and of our especial grace certain knowledge and mere motion have give  and grant and by these present for we our heir and successor do give and grant  unto the say Joseph Hornby his heir and assign one annual or yearly rend or  sum of one thousand three hundred fiftytwo pound seventeen shilling and ten  penny of lawful money of England to be yearly have receive and take by the say  Joseph Hornby his heir and assign for ever out of the rend revenue profit and  perquisite emolument and payment reserve arise accrueing or come or that  hereafter shall or may be reserve arise accrue or become due or Payable to we  our heir and successor out of for or by reason of the duty of excise upon beer  ale and other liquor within our kingdom of England dominion of Wales and town  of Berwick upon Tweed by virtue of the say Act of parliament the say sum of  one thousand three hundred fiftytwo pound seventeen shilling and ten penny per  annum to be pay quarterly at the four most usual feast in the year that be to  say at the Feast of the annunciation of the bless virgin mary the Nativity of  saint John the baptist saint Michael the Archangel and the birth of our Lord  God common call Christmas by even and equal portion in trust for such of the  creditor of the say Joseph Hornby as within one year next ensue the date  hereof shall upon notice of these present deliver up their security and accept  of assignment of proportionable part of the say yearly sum of one modern er p  thousand three hundred fiftytwo pound seventeen shilling and ten penny for  satisfaction of their respective debt accord to the true intent and meaning of  the covenant in that behalf herein after contain for so much as their  proportionable part shall amount unto and in the mean time shall not sue or  prosecute the say Joseph Hornby his heir executor or administrator for such  their debt and the residue and overplus of the say yearly sum of one thousand  three hundred fiftytwo pound seventeen shilling and ten penny to remain and be  to and for the proper use and benefit of the say Joseph Hornby his heir and  assign without any trust or account whatsoever the first payment of the say  sum of one thousand three hundred fiftytwo pound seventeen shilling and ten  penny to commerce from the Feast of the birth of our Lord God one thousand six  hundred seventy and modern six and we do hereby for we our heir and successor  authorize direct and appoint our high treasurer chancellor undertreasurer  chamberlain and baron of our exchequer and the high treasurer and commissioner  of the treasury chancellor undertreasurer chamberlain and baron of the  exchequer of we our heir and successor that hereafter shall be and all other  officer and minister of the say court and of the receipt thereof now be or  that hereafter shall be that they and every of they in their respective place  do from time to time upon request of the say Joseph Hornby his heir or assign  respective perform all act necessary for the constant and due payment of the  say yearly rend or sum of one thousand three hundred fiftytwo pound seventeen  shilling and ten penny to the say Joseph Hornby his heir or assign as the same  shall grow due and become Payable and of every such part and part as the say  Joseph Hornby his heir or assign shall grant or assign to any person or person  from time to time accord to the trust and agreement in that behalf herein  contain and as occasion shall be levy or strike or cause to be levy or strike  in the receipt of the exchequer of we our heir and successor from time to time  tally of pro or assignment or other tally as the case may require and as shall  be desire upon the commissioner treasurer receiver collector or farmer of the  say duty and revenue for the time be or upon such other person or person as  ought to be charge or Chargeable therewith or Accountable to we our heir and  successor for the same who be hereby require and direct from time to time to  make due payment thereof accord so that the say Joseph Hornby his heir and  assign respective of all or any part or part thereof may certain and duly and  on every of the say quarterly feastdais aforementioned for ever hereafter have  and receive the say yearly rend or sum of one thousand three hundred and  fiftytwo pound seventeen shilling and ten penny hereby grant out of our say  revenue without any further or other warrant to be sue for have or obtain from  we our heir and successor in that behalf and without any account impress or  other charge to be set upon the say Joseph Hornby his heir or assign or any of  they for the same and if it shall happen at any time hereafter that the rend  issue or profit of our say revenue shall be pay into the receipt of our  exchequer or elsewhere to the use of we our heir or successor before the levy  of such tally or before payment be make to the say Joseph Hornby his heir or  assign respective of the say yearly rend or sum of one thousand three hundred  fiftytwo pound seventeen shilling and modern ten penny or any part thereof  accord to the true intent of these our letter patent then and in such case our  express will and pleasure be and we do hereby of our further especial grace  certain knowledge and mere motion for we our heir and successor authorize and  require the high treasurer and commissioner of the treasury chancellor or  undertreasurer chamberlain and baron of the exchequer of we our heir and  successor for the time be and all other officer and minister of the exchequer  and of the receipt thereof that they or such of they to who it appertain do  from time to time as often as deed shall be well and true pay or cause to be  pay unto the say Joseph Hornby his heir and assign respective out of such  money as shall be so pay into our exchequer or elsewhere to the use of we our  heir and successor all such or so much of the say yearly rend or sum of one  thousand three hundred fiftytwo pound seventeen shilling and ten penny as  shall from time to time be in arrear or unpay after the feastdais or time of  payment aforesaid or any of they without any further or other warrant to be  sue for have or obtain in that behalf and with modern er p out any account  impress or other charge to be set upon he the say Joseph Hornby his heir or  assign for the same or any part thereof and these our letter patent or the  exemplification entry or enrolment thereof shall be unto the high treasurer  commissioner of the treasury chancellor and undertreasurer chamberlain and  baron of the exchequer of we our heir and successor and all other officer and  minister of the say exchequer and to the commissioner treasurer receiver  collector farmer and all other officer and minister of our say revenue of  excise a good and sufficient warrant and discharge for all and whatsoever they  or any of they respective shall do of cause to be do in or about the premise  pursuant to our will and pleasure herein before declare and our further will  and pleasure be and we do hereby of our especial grace certain knowledge and  mere motion grant direct and appoint that all such tally of pro or assignment  or other tally as shall be hereafter levy or strike upon our say revenue of  excise at the instance and desire of the say Joseph Hornby his heir or assign  respective for or towards the satisfaction or secure the payment of the say  yearly rend or sum of one thousand three hundred fiftytwo pound seventeen  shilling and ten penny or any part thereof shall be well and true pay and  satisfy out of the say revenue quarterly and every quarter as aforesaid and  shall be preferable and prefer before any other quarterly payment out of the  same by virtue or colour of any warrant order or direction whatsoever modern  of any after date except only such yearly sum as be necessary Payable for the  management of our say revenue and except the yearly sum amount to twelve  thousand two hundred and nine pound fifteen shilling and four penny halfpenny  or thereabouts Payable thereout unto our dear consort the queen as parcel of  her jointure and the yearly sum of twentyfour thousand pound Payable to our  most dear brother James duke of York which say several sum we will and do  hereby direct shall be pay and satisfy unto our say dear consort and to our  say most dear brother out of the say revenue duly constant and in the first  place before any of the say payment or any other payment whatsoever to be make  out of the same and our will and pleasure be and the say Joseph Hornby for  himself his heir executor and administrator do covenant grant and agree to and  with we our heir and successor that he the say Joseph Hornby his heir and  assign shall and will at any time or time within one year next ensue the date  hereof grant and assign proportionable part and part of the say yearly refit  or sum of one thousand three hundred fiftytwo pound seventeen shilling and ten  penny unto such of his creditor or other by their appointment as will be  content to deliver up their security and take such assignment in satisfaction  of their debt accord to the trust herein before express and that he the say  Joseph Hornby his heir or assign shall not nor will during the say space of  one year make any grant or assignment of all or any part of the say yearly sum  of one thousand three hundred fiftytwo pound seventeen shilling and ten penny  unto any person of person but such as be creditor of the say Joseph Hornby or  other by their appointment as aforesaid and that if any difference shall at  any time or time within the space of one year and a half now next come arise  between the say Joseph Hornby his heir executor administrator or assign or any  of they and the say creditor or any of they touch the assign or dispose of all  or any part or part of the say annuity or yearly sum of one thousand three  hundred fiftytwo pound seventeen shilling and ten penny that then the say  Joseph Hornby his heir executor administrator and assign shall and will from  time to time submit themselves and all matter and thing relate thereunto to  the control of the Lord high treasurer or the commissioner of the treasury for  the time be and shall and will observe and fulfil all such order and direction  as the Lord high treasurer or the commissioner of the treasury shall from time  to time make or give concern the same provide always and our further will and  pleasure intent and meaning modern be and be hereby declare to be that all  assignment to be make as well before as after the say space of one year of any  part or part of the say yearly slim of one thousand three hundred fiftytwo  pound seventeen shilling and ten penny hereby grant shall within the space of  thirty day next after the execution thereof be enrol before the auditor of the  receipt of the exchequer or the clerk of the pell for the time be to the end  it may appear what assignment have be grant modern er p and payment may be  make thereupon accord to the intent of these present and that every assignment  not so enrol shall be of none effect provide also that when we our heir or  successor shall at entire payment have actual pay the full sum of twentytwo  thousand five hundred fortyeight pound five shilling and six penny of lawful  money of England to the say Joseph Hornby his heir and assign and to such  person or person to who such assignment or assignment shall be make as  aforesaid respective in proportion among they after the rate of one hundred  pound principal money for each and every six pound per annum which they every  or any of they respective shall orought to have and enjoy of the say yearly  sum of one thousand three hundred fiftytwo pound seventeen shilling and ten  penny hereby grant by virtue of these present or such assignment or assignment  as shall be make and enrol as aforesaid and so after those proportion and rate  for great or lesser sum as the respective case shall happen and also the  atrears of the say yearly sum of one thousand three hundred fiftytwo pound  seventeen shilling and ten penny if any be that then these present and the  grant of the say yearly sum of one thousand three hundred fiftytwo pound  seventeen shilling and ten penny shall cease and be void any thing herein  before contain to the contrary notwithstanding and we do hereby of our further  especial grace certain knowledge and mere motion for we our heir and successor  grant unto the say Joseph Hornby his heir and assign and our express pleasure  be that these our letter patent and every clause article and sentence therein  contain whereupon any ambiguity or doubt shall or may arise that the same  shall be at all time expound and take most favourable and benefically for the  advantage of the say Joseph Hornby his heir and assign and that these our  letter patent shall be good and effectual in law and shall be available to the  say Joseph Hornby his heir and assign respective for his and their receive and  enjoy the say yearly rend or sum of one thousand three hundred fiftytwo pound  seventeen shilling and ten penny with all the arrearage thereof in manner  aforesaid notwithstanding the not recite or not modern mention or not true and  certain recite or mention of any Act or act of parliament whereby the say  revenue be give and grant unto we our heir and successor or b what title we  have receive or enjoy the same and notwithstanding the not recite or not  mention in this our grant any lease or lease grant or grant charge or charge  make of or upon or out of the say revenue or any part thereof alone on the say  revenue or on the same and any other part or part of our revenue of excise or  general on our revenue or the date or content of such lease or grant or of the  person to who the same be make and notwithstanding that no mention be herein  of the direct and certain yearly and other rend and profit of the premise or  of the certain true or direct nature of such rend and profit or how or in what  manner they arise become due or Payable unto we our heir and successor and  notwithstanding the not mention how and in what manner the say debt due from  we to the say Joseph Hornby arise particular or any mistake in the state or in  the quantity or sum of the aforementioned debt due or herein mention to be due  by we to the say Joseph Hornby and notwithstanding the statute of Henry the  four late king of England publish in the first year of his reign and  notwithstanding the statute of Henry the six late king of England make and  publish in the eighteenth year of his reign and notwithstanding the statute of  Henry the eight late king of England make and publish in the twentysixth year  of his reign and notwithstanding the statute or act of this present parliament  make and publish in the twelve year of our reign whereby the say revenue be or  be mention or intend to be grant settle and confirm unto we our heir and  successor or any article clause sentence or restraint therein contain and  notwithstanding any defect in this our grant or alley Act statute ordinance  proclamation provision or restraint whatsoever make or provide or any other  Act matter or thing whatsoever to the contrary hereof in alley wise  notwithstanding and last our will and pleasure be and we do hereby of our more  abundant grace certain knowledge and mere motion for we and our heir and  successor covenant and grant to and with the say Joseph Hornby his heir and  assign that due payment shall be make of the say yearly sum of one thousand  three hundred fiftytwo pound seventeen shilling and ten penny hereby grant and  modern er p all other thing hereby direct to be do on our part shall be from  time to time do and perform accord to the true intent and meaning of these  present and that if at any time hereafter any defect or modern question shall  be find or make of or in the validity of this our present grant that then upon  the humble petition of the say Joseph Hornby his heir and assign we our heir  and successor will be gracious please to make such further grant assurance and  confirmation of the say yearly rend or sum of one thousand three hundred  fiftytwo pound seventeen shilling and ten penny to the say Joseph Hornby his  heir or assign as by our attorneygeneral shall be approve of and advice and by  the counsel learned in the law of the say Joseph Hornby his heir or assign  shall be advice and desire and with such beneficial clause therein to be  contain as shall be think expedient and most conduce to the performance of our  will and pleasure herein before declare in witness whereof c who indeed litter  to stand open bed pillage Josephus Hornby to say quod vigor praemissor ipse  idem Josephus Hornby seized to be de et in pillage one year old To give back  sive summa mule three hundred quinquagin et two balance seventeen solid et ten  denar ut de fee et jur et such ind seized existen ipse idem Josephus Hornby  postea scilicet quint die Augustianno royal power domini recently king caroli  favorable the thirtieth tertio at west pillage per a certain scribe suum seal  his adorned with small figures et in cur hic de record debit modus et debit  law form enroll pron  interrog  that be the same die et year ult mentionat pro  consideration in eoden script mentionat relaxavi say beforehand advance lord  carolo good luck heir et successor nest annual sum six hundred balance parcel  pillage annual sum mille three hundred quinquagint duar balance seventeen  solid et ten denar say beforehand advance josepho ut carry in front concess  prout per record cur ill to be fluid et that this only is apparent et ipse  idem Josephus Hornby to join et thus far seized exist ut de fee et jure de et  in one year old To give back sive summa seven hundred quinquagint duar balance  seventeen solid et ten denar resid pillage one year old To give back sive  summae mille three hundred quinquagint duar balance seventeen solid et ten  denar in litter to stand open pillage mentionat et per easden eid josepho ut  carry in front concess et the same one year old To give back sive top seven  hundred quinquagint et duar balance seventeen solid et ten denar resid pillage  one year old To give back sive summae mille three hundred quinquagint duar  balance seventeen solid et ten denar de jure to have et To take back to  withhold et debet vigor a letter to stand open pillage et say beforehand  advance Josephus beyond to say quod ipse To take back et be satisfied suit et  step forth de et pro omnibus arrearagiis pillage one year old summae seven  hundred quinquagint et duar balance seventeen solid et ten denar debit et  solubil ad holiday et pro holiday annunciationis happiness nariae maiden year  royal power domini recently king caroli favorable the thirtieth quint et quod  summa five mille octogint et duar balance quatuor denar et One oboli pro  arrearagiis the same one year old summae seven hundred quinquagint et duar  modern balance seventeen solid et ten denar post pillage holiday  annunciationis happiness nariae maiden year the thirtieth quint say in  addition to debit et solubil ad holiday et pro holiday time of birth domini in  common peremptory or urgent call Christmas ult past year primo kingly  government speaker domini king et owner queen nunc modus debit et  incontestable step forth say beforehand advance josepho Hornby scilicet sum  cent octogint et eight balance quatuor solid five denar et One oboli pro to  make one quarterio striving limit ad holiday birth consecrated John baptizer  year royal power speech recently king caroli favorable the thirtieth quint et  comparison sum centum eighty et eight a balance quatuor undivided five  containing ten each et One oboli pro to make one elsewhere quarterio striving  limit ad holiday consecrated michaelis archangel year the thirtieth quint say  in addition to et comparison sum centum eighty et eight a balance quatuor  solid five containing ten each et One oboli pro elsewhere quarterio striving  limit ad holiday time of birth domini year the thirtieth quint say in addition  to et comparison sum centum eighty et eight balance quatuor solid five denar  et One oboli pro to make one quarterio striving limit ad holiday  annunciationis happiness nariae maiden year royal power speech recently king  caroli favorable the thirtieth sexto et comparison sum cent eighty et eight  balance quatuor solid five denar et One oboli pro to make one elsewhere  quarterio striving limit ad holiday birth consecrated John baptizer year the  thirtieth sexto say in addition to et comparison sum centum eighty et eight  balance quatuor solid five denar et One oboli pro to make one elsewhere  quarterio striving limit ad holiday consecrated michaelis archangel year the  thirtieth sexto say in addition to et comparison sum centum eighty et eight  balance quatuor solid five denar et One oboli pro to make one elsewhere  quarterio striving limit ad holiday time of birth domini modern er p year the  thirtieth sexto say in addition to et comparison sum centum eighty et eight  balance quatuor solid five denar et One oboli pro to make one elsewhere  quarterio striving limit ad holiday annunciationis happiness nariae maiden  year primo recently king James favorable et comparison sum centum eighty et  eight balance quatuor solid five denar et One oboli pro to make one elsewhere  quarterio striving limit ad holiday birth consecrated John baptizer year primo  say in addition to et comparison sum centum eighty et eight balance quatuor  solid five denar et One oboli pro to make one elsewhere quarterio striving  limit ad holiday consecrated michaelis archangel year primo say in addition to  et comparison sum centum eighty et eight balance quatuor solid five denar et  One oboli pro to make one elsewhere quarterio striving limit ad holiday birth  domini year primo say in addition to et comparison sum centum eighty et eight  balance quatuor solid five denar et One oboli pro to make one elsewhere  quarterio striving limit ad holiday annunciationis happiness nariae maiden  year sencundam royal power the same recently James favorable king et  comparison sum cent eighty et eight balance quatuor solid five denar et One  oboli pro to make one elsewhere quarterio striving limit ad holiday birth  consecrated John baptizer year good luck say in addition to et comparison sum  centum eighty et eight a balance quatuor solid five denar et One oboli pro to  make one elsewhere quarterio striving limit ad holiday consecrated michaelis  archangel year good luck say in addition to et comparison sum centum modern  eighty et eight balance quatuor solid five denar et One oboli pro elsewhere  quarterio striving limit ad holiday time of birth domini year good luck say in  addition to et comparison sum centum eighty et eight a balance quatuor solid  five denar et One oboli pro to make one elsewhere quarterio striving limit ad  holiday annunciationis happiness nariae maiden year tertio royal power the  same recently king James favorable et comparison sum centum eighty et eight a  balance quatuor solid five denar et One oboli pro to make one elsewhere  quarterio striving limit ad holiday birth consecrated John baptizer year  tertio say in addition to et comparison sum centum eighty et eight balance  quatuor solid five denar et One oboli pro to make one elsewhere quarterio  striving limit ad holiday consecrated michaelis archangel year tertio say in  addition to et comparison sum centum eighty et eight balance quatuor solid  five denar et One oboli pro to make one elsewhere quarterio striving limit ad  holiday time of birth domini year tertio say in addition to et comparison sum  centum eighty et eight balance quatuor solid five denar et One oboli pro to  make one elsewhere quarterio striving limit ad holiday annunciationis  happiness nariae maiden year quarto royal power pillage recently king James  favorable et comparison sum centum eighty et eight balance quatuor solid five  denar et One oboli pro to make one elsewhere quarterio striving limit ad  holiday birth consecrated John baptizer year quarto say in addition to et  comparison sum centum eighty et eight balance quatuor solid five denar et One  oboli pro to make one elsewhere quarterio striving limit ad holiday  consecrated michaelis archangel year quarto say in addition to et comparison  sum centum eighty et eight balance quatuor solid five denar et One oboli pro  to make one elsewhere quarterio striving limit ad holiday time of birth domini  year domini thousand sexcentesimo eighty octavo et comparison sum centum  eighty et eight a balance quatuor solid five denar et One oboli pro to make  one elsewhere quarterio striving limit ad holiday annunciationis happiness  nariae maiden year kingly government pillage guglielmi et nariae nunc king et  queen primo et comparison sum centum eighty et eight balance quatuor solid  five denar et One oboli pro to make one elsewhere quarterio striving limit ad  holiday birth consecrated John baptizer year primo say in addition to et  comparison sum centum eighty et eight balance quatuor solid five denar et One  oboli pro to make one elsewhere quarterio striving limit ad holiday  consecrated michaelis archangel year primo say in addition to nor alian  similar things sum centum eighty et eight balance quatuor solid five denar et  One oboli pro to make one elsewhere quarterio striving limit ad holiday time  of birth domini nunc ult preterit et year primo say in addition to attingen in  toto ut above et petit idem Josephus Hornby quod pillage breve paten in form  pillage fact juxta tenor et effect earundem say beforehand advance josepho  Hornby ollocentur et quod pillage sept elsewhere quarteriales summae centum  eighty et eight a balance quatuor solid five denar et One oboli a holiday  annunciationis happiness nariae maiden year royal power speech recently king  caroli favorable the thirtieth quint usque ad holiday et pro holiday time of  birth domini nunc ult preterit attingen ut above ad five mille eighty et two  balance quatuor denar et One obol as carry in front debit et aretro et insolut  existen modern say beforehand advance josepho Hornby solve whoever it be etian  pillage annual return sive sum seven hundred fifty et two balance seventeen  solid et ten denar resid pillage annual return sive sum mille three hundred  fifty et two balance seventeen solid et modern er p ten denar in litter to  stand open pillage mentionat a pillage holiday time of birth domini ult  preterit say beforehand advance josepho Hornby heir et assign nest ad pillage  separalia festa in speech litter to stand open specificat in descendants per  level ground et comrade part secundum form et execution a letter to stand open  pillage solve whoever it be ankle so often how often casus to seek again  levand ad recept what scaccar pro speech one year old To give back sive summa  seven hundred fifty et two balance seventeen solid et ten denar resid pillage  sum mille three hundred fifty et two balance seventeen solid et ten denar when  et how often idem resid return sive sum seu aliquan pars well parcel ind to  come debit levare secundum form execution et sending earundem a letter to  stand open et secundum lesson recept what scaccarii et quod all men power  remed et res whoever in et per dict liter patent concess et mentionat tangent  solution denar sum in speech litter patent mentionat et pro kindness say  beforehand advance josephi Hornby heir et assign of oneself to follow to the  grave et to take in hand execution secundum form et execution liter patent  pillage cum hoc quod idem Josephus Hornby verify vult quod ad pillage holiday  time of birth domini ult preterit sufficient fuer et ad hoc sufficient to step  out de return revention adj perquisition England perquisite emolumen et  solution renovan provenien recept et unbound de et pro debt is owed de Le  excise pillage army right of way for cattle parliament pillage ad solvend et  satisfaciend say beforehand advance josepho Hornby pillage top seven hundred  fifty et two balance seventeen solid et ten denar as carry in front ei debit  et aretro existen ultra et praeter all men annual sum necessary et solubil  usque time mock pro gubernation England management dict revention et ultra et  praeter pillage sum dvodecim mille two hundred et nine balance quindecim solid  quatuor denar et One oboli or eastern circiter solubil thence Catherinae queen  tunc consort nunc queen dotal speech domini recently king caroli favorable ut  parcel joint of oneself in litter to stand open pillage mentionat et ultra et  praeter pillage sum twenty et quatuor mille balance solubil pillage jacobo  tunc Duci York brother domini recently king caroli favorable in litter patent  pillage concess cum hoc etian quod pillage Josephus Hornby verify vult quod  Dec pillage dominus carolus secundus recently king England c nec pillage  dominus jacobus secundus recently king England nec pillage dom William et  maria modus king et queen England or the dawn in some way well some thus far  non to loosen seu to loosen say beforehand advance josepho Hornby or assignat  nest pillage sum twenty duar mille five hundred forty et eight balance five  solid et sex denar in speech litter patent mentionat seu aliquan ind parten  seu parcel ultra seu praeter sum ten mille balance existen encamp in dict  script loosen per say beforehand advance josephum modern Hornby say beforehand  advance carolo good luck recently king England c ut carry in front fact et pro  how sum ipse idem Josephus Hornby relaxavi eiden lord recently king pillage  annual sum six hundred balance parcel pillage annual sum mille three hundred  fifty et two balance seventeen solid et ten denar superius mentionat the  attorneygeneral to this demurrer general and the say Joseph Hornby the  petitioner join in demurrer the court give judgement for the petitioner Joseph  Hornby the attorneygeneral thereupon bring a writ of error in the exchequer  Chamber note the judgement be recite in the writ of error which be as follow  dom king et dom queen nunc gulielmus et maria mandaveru thesaur et baron de  scaccar his breve svan enclosed space in haec word scilicet gulielmus et maria  God agreeableness England Scotland France et Scotland king et queen trust  defender c treasure et baron nest de scaccar his health because in record et  process ac etian in reddition judgment speech cujusdam candidacy cujusdam  josephi Hornby who to be in curian our men in person thou say beforehand  advance baron our men de scaccar our men pillage boundary consecrated hilarii  year royal power our men primo exhibit de allocations quarundam a letter  patent dom recently king caroli favorable pillage josepho Hornby et heir nest  confect et solution cujusdam annual return per ease litter patent per the same  recently king eiden josepho Hornby et heir nest concess solvend et percipiend  de revention adj et solution surgen et provenien we heir et success de pro et  ration debit cut sup drink lupulat et illupulat et elsewhere fluid nor  arrearag the same annual return pro separal quarter striving limit ad holiday  birth domini year primo say in addition to error come between manifestus ad  grave damnum nostrum ac cum in to cause to stand in parliament dom Edward  recently king England third pro modern er p father our men at Westminster year  royal power Himself the thirtieth primo tent edit inter the other concordat to  be et make firm quod in omnibus grammatical case king or alias personas  tangent where quis to express grief de wandering facto in scaccar cancellar  thesaur venire fac in person the dawn in aliquan camera council juxta chess  record et process hujusmodi extra dict scaccar et assumpsit Himself justice et  other to pass away ankle qualen Himself to see before assumen to call fac in  person the dawn baron de scaccar pillage ad audiend information urge et cause  concerning of oneself et super hoc pain hujusmodi debit fac to weigh et si  quis error invent to be that shoelace et rotulos to free from faults ac postea  eos in dict scaccar ad performance ind modern faciend remit fac as to stretch  out prout in eod to cause to stand abundantly continuitur our therefore  willing wandering si quis to be juxta form stat pillage shoelace et celer the  whole of the laws become in here part thou mandamus quod sit judgment ind To  give back sit tunc record et process pillage cum omnibus she tangent in person  dom Commissionariis ad guard sigillum magnum England et thou thou say  beforehand advance thesaur in camera council juxta Scaccarium pillage  peremptory or urgent call the Council Chamber die March videlicet the ninth  die eager month of purifying venire fac ut quod dom Commissionarii et thou say  beforehand advance thesaur look et examinar record et process pillage auditisq  informationibus you thou say beforehand advance baron beyond in here part de  council justitium et another to pass away hujusmodi become fac quod de jure et  secundum form stat pillage to be faciend t we Self at Westminster primo die of  purifying year royal power W fish stow r Atkins record et process de who in  shorten de wandering predict fit mention sequitur c et super hoc georgius  Treby mile attorn speaker dom king et dom queen nunc general who pro the same  dom ring et dom queen in here part sequitur praesen hic in curian in not  common with others mask svan pro the same dom ring et dom queen to say quod in  record et in process pillage nor in reddition judgment pillage de et super  pillage morac in lege manifest be errat in hoc videlicet quod pillage litter  patent superius read aloud et means in the same content et specificat ac  pillage means per dict josephum Hornby in form pillage instigation minus  sufficient in lege to step out ad Self dom king et dom queen nunc de or cum  solution denar predict de arrearag pro pillage separalibus quarteriis striving  or cum pillage solution pillage annual return sive sum say beforehand advance  josepho Hornby formless pillage onerand eastern yet non to stand before  adjudicate step forth per baron pillage quod pillage litter patent say  beforehand advance dom recently king caroli favorable say beforehand advance  josepho Hornby ut carry in front concess et superius read aloud et enroll  juxta course et execution earundem Self say beforehand advance josepho Hornby  allocar et quod pillage summa quinq mille eighty et two a balance quatuor  denar et un obol pro arrearagiis dict annual return sive sum seven hundred  fifty two a balance seventeen solid et ten denar resid pry annual return sive  sum mille trecentar fifty duar librar ten solido et ten denar in litter patent  pillage mentionat a pillage holiday annunciationis happiness nariae pillage  maiden year royal power dict dom recently king caroli favorable the thirtieth  quarto usque ad holiday et pro holiday time of birth dom year primo royal  power dom guglielmi et dom nariae nunc king et regime say in addition to such  ut carry in front aretr et insolut existen Self say beforehand advance josepho  Hornby ad recept what scaccar per man commissionar thesaur et camerar modern  the same recept who modus are et per man commissionar thesaur et camerar the  same recept pro et tempore existent de treasure chamber provenien accrescen ex  that part retention de Le excise in litter patent price mentionat before  concess speech recently king carolo good luck heir et success nest imperpetuum  per sharply parliament fact year royal power the same recently king duodecimo  in man eorund commissioner these et camerar jam exist et in manus commissionar  these thesaur et camerar imposterum existen solve post et ultra annual sum  necessary solubil pro gubernation England management dict revention de the  excise et post et ultra annual sum attingen ad dvodecim mille two hundred et  nine libras quindecim solid et One obol seu eastern circiter in litter patent  predict mentionat before solubil thence annuatin Catherinae recently queen  consort speech recently king caroli favorable et modus dom queen dotissae  England et parcel juncture of oneself et post et ultra pillage top vigint et  quatuor mille a balance in litter patent pillage mentionat before solubil  jacobo tunc Duci Ebor brother dict dom recently king caroli favorable et quod  price annual return sive summa seven hundred fifty et two a balance seventeen  solid et ten denar resid pillage annual return seu sum mille trecentar fifty  et two a balance seventeen modern er p solid et ten denar in pillage litter  patent mentionat eiden josepho Hornby such ut carry in front concess a pillage  holiday time of birth dom year royal power dict dom guglielmi et dom nariae  nunc king et queen England c primo say in addition to Self eiden josepho  Hornby heir et assig nest ad recept what scaccar per manus commissionar these  thesaur et camerar the same recept pro tempore existen de treasure chamber de  tempore in time provenien accrescen et emerge de pillage heir revention de the  excise in man nest de tempore in time existen post et ultra annual top  necessary solubil pro gubernation England management dict revention de the  excise et post et ultra annual top attingen ad dvodecim mille two hundred et  nine libras quindecim solid quatuor denar et One obol auto eastern circiter in  repeat litter patent mentionat before solubil thence annua say beforehand  advance Catherinae modus queen dotissae England ut parcel joint of oneself et  post et ultra annual top twenty quatuor mille a balance in the same litter  patent mentionat before annua recently solubil a saying beforehand jacobo Duci  Ebor et modus annua solubil dom king et dom queen nunc ad pillage separal  festa annunciationis happiness nariae maiden birth consecrated John baptizer  consecrated michaelis Archang et birth dom God our men in common peremptory or  urgent call Christmas per level ground et comrade part annuatin solve et quod  tall so often how often casus to seek again levand ad dict recept scaccar pro  pillage annual To give back sive sum seven hundred modern fifty et duaram a  balance seventeen solid et ten denar resid pillage one year old To give back  mille trecentar quinquagint two a balance seventeen solid et ten denar idem  resid To give back seu aliquan ind parcel to come debit secundum form et  execution a letter patent pillage super Commissionarium Thesaurarium receptor  collector sive firmarium dict haereditariarum revention de the excise per  officiar recept what scaccar pro tempore existen ad quos levac tallior in ead  recept pertinent seu to stretch out de tempore in time ad requisition the same  josephi Hornby heir et assign of oneself leve secundum form execution et  sending literar patent predict et secundum lesson dict recept scaccar salvo  always jure king et queen nunc si c therefore in eastern manifest be erratum  errat be etian in hoc quod per record pillage that this only is apparent quod  judgment pillage in form pillage return return step forth pro say beforehand  advance josepho Hornby versus the same dom king et dom queen where per law  terrae what royal power England judgment ill To give back to withhold pro the  same dom ring et dom queen nunc versus say beforehand advance josephum Hornby  therefore in eastern manifest be erratum et such idem attorney general pro eod  dom ring et dom queen to say quod in record et process pillage ac in think  over judgment pillage manifest be errat et super ind idem attorney speaker dom  king et dom queen pro the same dom ring et dom queen petit quod judgment mock  ob wandering pillage et elsewhere in record et process existen to call again  adnulle et inside pro nullo to have ac etian breve speaker dom king et queen  ad praemuniend say beforehand advance josephum Hornby make real in person say  beforehand advance dom guard great seal England et lord treasure ad that which  is fixed they auditur record ac process pillage wandering et beyond ad faciend  et recipiend quod to be justice in to send forward c et ei to go away c super  quo idem Joseph Hornby to say quod nec in record et process pillage neq in  reddition judgment pillage de et super pillage morac in lege in any be erratum  et petit quod curian dict dom king et dom queen nunc hic to go before tam ad  examinationem record et process pillage how means pillage superius pro  wandering assignat say because curian vult advisari in to send forward before  c therefore die that be birth pillage in position quo as nunc a die pasch usq  in One month neighbor year quarto royal power dom guglielmi et dom nariae nunc  king et queen de judgment his ind audiend eastern quod curian dict dom king et  dom queen nunc ind not yet c ad who they sexual activity part pry et ob causan  price habend they ulterior in position quo nunc usq in octab sanct Trin ad  judgment suum ind audiend eastern quod curian hic ind not yet c modern Treby  chief justice there be two point in this case first whether these letter  patent be valid in law and sufficient to bind the king second whether the  remedy that those petitioner have take be proper as to the first I be of  opinion that the letter patent be valid and sufficient to bind the king it be  object that the word successor in the statute by which modern er p this  revenue be give intend that it shall be fix in the crown and unalienable to  this I answer that there be several other statute by which land and other  revenue be give to the king by the same word that be in this statute and yet  the king of England have always power to alien they as appear by berkeleys  case Plowden to a by the statute of monastery and by Vaughan Vaugh see also  roll Abr b so king Charles the second have a estate of inheritance in this  branch of his revenue have the same power to alien this as he have to alien  any other part of it it have be strong object that if the king shall have a  power to alien all his land and revenue it may be of pernicious consequence to  his subject and that then our exchequer in England will be like the Spanish  exchequer of which it be say that it receive tax and revenue from the general  only to pay they out to some particular person to this I answer that this may  be some reason to induce the make a Act of parliament to restrain the king  power of alienation but since here the parliament have think fit to give the  king such a power we ought to acquiesce and submit to it but that which I  shall chief proceed on be the judgement which I think to be very extraordinary  and such as the baron can not give for I do not think that they can award the  king treasure out of the exchequer then I take this judgement to be very  erroneous and deficient in several particular modern first it leaves out the  treasurer who be the chief officer concern in dispose the king money second  the chamberlain of the exchequer ought to have be mention as well as the  treasurer and so be the judgement in the case of nevel Plowden to a and worth  Plowden b and also in cotton record three this judgement appoint tally to be  strike from time to time and order the method of payment of the several sum of  money which I take it the baron can do for they seem to undertake to do what  be proper work for a Act of parliament which only can appoint the treasurer to  make payment in such a orderyearbook Henry pl c in the next place I take it  that this judgement can be amend because these be fault in substance and the  law be very dice and curious in judgement so if a pity be enter for a to take  in hand the judgement be erroneous so be it if it be concession be instead of  to look at closely be c latch Poph d now I come to the remedy which I take to  be the great and difficult point of the case and I be of opinion that no  judgement can be give upon this petition to the baron for I do not think that  the court of exchequer have any power to dispose of the king treasure and  therefore I can see how this judgement can have any effect indeed it be say  that the petitioner will have a writ to the officer of the treasury or to the  treasurer himself and if they do not obey this liberate that then they will  enforce it by action but this they can do for I hold that the treasurer may  choose upon bare warrant to pay in what order he think fit then they have show  no precedent that ever any such action be bring though indeed my Lord coke  Inst e seem to hint at it and so do Plowden pl Com f and the yearbook yearbook  Henry pl g but there the liberate always go to the subordinate officer never  to the treasurer himself by the treasurer I mean the treasurer of the  exchequer and not the Lord high treasurer of England for that great officer  have long be discontinue and when he be in be the great use of he be when he  have the honour to be your lordship colleague in this place see hawk p c ch  foster h modern so that take it that the treasurer may if he please pay these  annuity to the petitioner but whether he will do it or no be leave to his  conscience and discretion but he can be compel to it but by authority of  parliament then this remedy be not warrant by the course of the exchequer if  there be any such usage there I agree it will be the law of the land and so be  rawlins modern er p case   a and Plowden Plowd b but there have be no such  usage there and in this point I concur with my brother Lechmere who perhaps  have the great experience in the court of exchequer of any judge that ever sit  there for I think I late hear he say it be sixty year since he practice there  I have reason to think whatever Mr Plowden say that these liberate be grant  upon petition to the king himself and not to the baron you may see abundance  of they in Ryley relee placita parliamentaria c it appear indeed in brook bro  Abr Talley de exchequer t for Eb d that upon delivery of this writ to the  officer and asset in the exchequer a action lie against the officer for  nonpayment but that ever it can be bring against the treasurer or chamberlain  be never hear of ante e but say they there be a clause in the patent which  empower the treasurer c to make payment c and this they call a perpetual  warrant but this make against the petitioner for if it be so why do they  prefer a petition to the baron of the exchequer if they can have their debt  without a petition bare upon this patent where there be a grant a command and  warrant to the treasurer and officer to pay the money which say they amount to  a liberate then it be a vain thing to sue in the exchequer for a judgement for  it can be presume that a liberate under the seal of the exchequer testae chief  baron shall be of more force than a liberate under the seal of England testae  meipso register f to clear this point it be necessary to inquire into the  power of the court of the exchequer I do agree that they be supreme auditor  and have authority over the king treasure but it be in passage as upon the  sheriff account or any other of the king officer concern the bringingin of the  king revenue into the exchequer but when the money be there it be in its  centre and the baron have nothing to do with it they be only conduit but not  product Inst Inst g and it will be of dangerous consequence for so many to  have to do with modern the treasury lest as Vernon say in his book Vernon  consideration on the court of exchequer print in it be republish in under the  title of the exchequer open c and except the title both book be in every  respect the same h there be too many leak in the cistern I confess the court  of exchequer do use to enrol charter in the exchequer and that be the  foundation of the account c and so be Plowden Plowd command I but whether the  baron of the exchequer have a power to control and command the treasurer be a  great and arduous point it be in effect whether the baron shall have the power  to turn out the treasurer when they please and whether the petition that be  former prefer to the king shall be now exhibit to the baron of the exchequer  which matter I must own I can be bring to imagine though I will think as  favourable as possible in this case for I give this opinion not because I will  but because I must but I take this power in the baron to be against the nature  and institution of the court of exchequer for they be original empower by the  king to get in his revenue and it be for the sake of the revenue that they  have any thing else to do and all they do be to convey the king treasure to  its proper place but they can dispose of it for there be no correspondence  between the baron and the officer of the treasury upon reversal of attainder  we know there be no restitution of the money pay to the king and the reason be  because the baron can in such case control the treasury I remember several  year since there be a solicitor who bring the roll of a forfeit estate in  dispute into court and they order the money to be put into the hand of the  remembrancer for they say that if it be once pay into the treasury there be no  get it out again the case in short be no more than this suppose the king be  indebt to the petitioner and also to the army the fleet c now who shall direct  the payment modern er p of these debt the baron or the treasurer who be the  best judge of the state of the kingdom and of its necessity so that suppose  there be only four thousand pound in the exchequer and we be threaten with a  foreign invasion how shall this money be dispose say the treasurer to raise  man to pay the army and our fleet that by their assistance we may prevent the  enemy from come among we No say the baron we must pay the banker with this  money though at the same time we open the gate and let in Hannibal to our  utter ruin and destruction my Lord coke in treat of the court of exchequer  Inst to a take notice of the oath take modern by the treasurer and also by the  baron in the treasurer oath it be mention that be be to keep and dispense the  king treasure safe but in the baron oath there be not a word of this matter  take notice of which to I be air argument that the treasurer be judge in point  of issue money whether it be due and Payable or not and to who in what manner  and when it shall be pay c and this I take to be the true reason why no action  can be bring against the treasurer because he act as a judge and not as a  minister of the court for he be not attendant to it as sheriff bailiff c be so  I take it may be pay be enough for the baron to say but must be pay be only  for the treasurer to saySee Doddingtons case cro Elizabeth b it be treason to    the great or privy seal because they only have to do with the king revenue  but it be never think treason to   the exchequer seal which have nothing to do  with it Plowd c in the contest heretofore between the king and the people what  be mean when they complain that the king treasure be misspend and misemploy  not that it be pay away without letter patent or take away without the king  grant but it be this they blame the treasurer because he pay away the king  treasure to person unworthy to minion and favourite though they have grant  from the crown by letter patent but yet it be leave to the treasurer  discretion to have pay they or not which he shall not have do when perhaps the  public good require it now I come to the authority in our book I shall begin  with the yearbook of Edward the three Edward pl a and book of assize assize pl  b wherein it be say by the chief baron that eve shall take conusance of all  matter that may turn to the king advantage but not a word concern the disposal  of the treasury and the yearbook of Henry the six Henry pl c and roll roll Rep  d be express so in the case of straddle v Morgan Plowden e it be say that no  plead shall be hold in the exchequer but for the advantage of recovery of the  king debt and bring in his revenue so that the common plea in the exchequer be  only find on the get in of the king revenue I choose to cite Mr Plowden  because his book be so mighty rely on by the other side I mean the case of  Nevil and wrath sir Henry Nevil case Plowd and sir Thomas Wroths case Plowd f  I believe it be the authority of those case that raise all this dust but I  shall answer they by and by and at present shall only observe that there be  not one lawbook that modern give these case the credit to mention they I mean  as to this point of proceed by petition to the baron c so in the earl of  Devonshire case   g there be no notice take of Nevil case blow h and Wroths  case blow I though there be opportunity enough to have mention they if they  think they have be of any weight and authority so in roll abridgment roll Abr  king and in roll report roll Rep the resolution in the earl of Devonshire case  see more Inst Litt Rep m be cite but not a word of Nevil ease Plowd n or  Wroths case Plowd oh in the next place I shall mention some treatise concern  the court of exchequer first there be Gervasius tilburiensis Gervasius  tilburiensis de rebus in Scaccario movement of the limbs p who set forth the  jurisdiction of the modern er p court of exchequer but mention nothing of this  power in the baron to control the treasury the capital crime justitiarius  England have indeed a control over the treasurer himself as appear from  Spelman spell gloss Q so when Hugo de Burgo who be the last great justiciary  be in disgrace he be charge to render a account of the misspending of the king  revenue which show that he have a power over the treasurer but ever since this  great office have be discontinue the treasurer have act accord to his own  discretion the next book that I shall quote be call the diversity of court  original publish in French in but there be a English edition of a it be  mention in my Lord coke preface to the ten report but there be nothing of this  power in the baron mention there neither be it take notice of in the  MirrorHornes mirror of justice cap S b in Fleta Fleta lib c c in Britton  Britton ch S d in Crompton cramp jurisdiction of court e which book be print  fifteen year after Mr Plowdens nor in the second institute Inst f nor in the  four institute Inst g where the full authority of this court be full set forth  and I can but also observe that Mr Prinn in a book which he print on purpose  to animadvert on my Lord coke four institute publish in h do not take notice  of any such power I shall beg leave also to mention Mr Vernon Vernon  consideration on the court of exchequer I and Mr cambden cambden britannia  king and sir though SmithSmiths commonwealth of England l who be great and  learned man though their book I confess be not of authority but if there have  be any such power in the baron of the exchequer it be probable they will have  take notice of it next there be savil report lane report and my brother  Hardresss report which treat chief of the court of exchequer but yet they give  not the least countenance to any such power so in roll Abr in lane case   roll  Rep there be not one syllable of it modern I shall conclude this point with  this observation that since there be two great power in the baron as be  pretend one of bring in money into the exchequer and the other of pay it out  that yet these book shall be all silent as to the great power of pay it out be  very strange and unaccountable which indeed do induce I to believe that there  be no such power in the baron and that those petitioner have mention in their  petition the only way of have their annuity that be as their former payment be  make videlicet by warrant from the Lord treasurer now I come to the objection  first they quote relee placita parliamentaria Ryley c m but if I can apprehend  they those word make against the petitioner then Margery Parker case yearbook  Henry pl n be mighty insist on and indeed at first I think there be something  in it but upon a strict perusal I find it be consistent enough with my opinion  indeed babington mention there a remedy by petition to the baron but this be  only a word slip out but the court give no regard to it and be of opinion  against it that there be no such remedy and it be observable that brook in his  abridgment take no notice of babington opinion though he do of all the rest of  the case the next thing object be that the baron do every term send a liberate  to the officer of the treasury under the Exchequerseal to pay money for paper  pen and other necessary for the court of the exchequer the charge of which I  be tell come to two or three hundred pound ayear to this I answer that first  this writ go without any judgement at all so that accord to this the  petitioner need not to have have any judgement but the true reason of issue  forth this writ be ground on this in the treasurer commission there be this  clause that he shall pay out such modern er p sum of money as be require pro  relative scaccarii but of this writ they take no further notice than as a  certificate when they make up their account now for the precedent the court of  exchequer be guide by multitude of precedent lane case   more Kemp v Barnard  cro car Plowd roll cro car a but here they have not one precedent for such a  power over the king revenue to which the law have so great a regard for there  be nothing in the law so fence so guard and so secure as the king inheritance  modern where that be concern there must be petition of right a inquisition  find beside search c so careful be the law of the king inheritance and revenue  but now here the king must lose his freehold without trial which his subject  shall not do as appear by great Charta Henry stat c the Edward c the Edward  stat c the Edward c the Henry c the Richard c and the Richard c b in the next  place I shall answer the case which indeed give life to the present case and  be the foundation of it first as to Nevil case Plowd c I observe the  petitioner counsel do not agree in their title to it some say it be ground on  a petition of right other that it be a to point out de law and other that it  be a complaint against the officer of the treasury but true it be that Mr  Plowden be precise and express in the point though it seem to I to be but his  own private opinion and I must take the boldness to say that he be mistake as  will appear from these book Henry pl Edward pl b I leo and Savile all which  case happen but twelve year after Nevil and yet be contrary to it by the same  book and the same reason it appear that Wroths case Plowd d ought to have no  more weight than Nevil c therefore I conclude that this judgement give by the  baron of the exchequer be a erroneous judgement and ought to be reverse holt  chief justice contra in this case there have be two point make first whether  this grant be good second whether there be a proper course take by the  patentee there have indeed be a three point start by my brother who argue last  and that respect the enter of the judgement as to the first question I hold  the grant to be good and all who have argue here have concur in the same  opinion I do confess that this be the great point of the case and so much have  be say to it that little more can be add but I must say something to it though  I can but repeat I hold that king Charles the second may charge this branch of  his revenue and my reason for my opinion be but short modern it be because the  king be seize of a estate in fee of this revenue for to such a estate a power  of alienation be incident Littleton tenor sect a and I take it to be the  intent and the express word of the Act that the king shall have a right and  liberty of alienate and charge this estate it be no objection that this  revenue be give to the king under a trust for notwithstanding that he may  alien it so several king of England have find corporation of charitable use  and yet these person incorporate may notwithstanding such trust alien their  estate so may dean and chapter they so may a bishop with the consent of dean  and chapter so a parson with the consent of the patron and ordinary may have  alien the land of which he be seize in the right of his church but the king  have nobody require to consent to his alienation to say that he may alien by  the consent of the estate of the realm be as much as to say he can alien  without a Act of parliament which he may clear do and indeed this revenue come  to the king by purchase for he give a recompense for it videlicet part of his  stand revenue it be the profit that do arise from his ware and livery but it  be object that this power in the king of alienate his revenue may be a  prejudice to his people to who he must recur continual for supply I answer  that the law have not such dishonourable think of the king as to imagine he  will do any thing amiss to his people in those thing in which he have modern  er p power so to do but that which I insist on be that it be absurd in its  nature to restrain the king from a power of alien his revenue of which he be  seize in fee it be against the nature of the be of a king that he shall have  less power than his people for before he be king he have power to alien now  when the crown descend upon he he be seize in jure coronae and shall be then  have less power over those very land than he have before the descent of the  crown shall he now be disable to alien by be a king this will be against a  common principle of law that the descent of the crown take away all disability  Plowden dyer a then it be repugnant to the constitution of the government  suppose a king shall be under a present danger of be invade if the king can  not raise money by alienate his revenue the nation may perish for he can  otherwise raise money than by a Act of parliament for which there may not  modern be time and therefore heretofore the king of England have borrow  several sum of money by mortgage their land cotton post b and there ought to  be a power in all government to reward person that deserve well for reward and  punishment be the supporter of all government and it have be the constant  usage of the king of England to reward person deserve of the government out of  the crown revenue by pension and give estate to support the title of earl and  other dignity seldom title of honour p and calvin case   c and this have be  allow of by Act of parliament as appear by Henry c but some perhaps will say  that I have be talk little to the purpose for that they do not deny that the  king may alien his own demesne or any land that come to he by descent or  purchase but say they this revenue be settle by Act of parliament on the crown  and therefore it can be alien but I do not find any such distinction in our  law book nor any authority from common or statute law that restrain the king  of England from alien any sort of their revenue as for the land in ancient  demesne they seem most appropriate for the king use of any of his revenue for  they have several privilege all relate to the king as not to be implead out of  the manor to be free of toll for all thing concern their sustenance and  husbandry not to be impanel on any inquest and yet notwithstanding all this  those land be always alienable and if these land be alienable what estate in  the crown be not alienable and our book do take notice that these estate be  alienable Fitzherbert nat short catalog and Staundford Prerogativa king Bac  Abr d then what reason can be give why some estate shall be alien and other  not why may not the king as well alien these estate as he may the flower of  his crown as appear in the abbot of Strata marcellam case   more palm Mod Bac  Abr e for he may grant a county palatine which have jura regalia so he have  grant a power to pardon treason or felony c indeed these prerogative be  reassume to the crown by the statute Henry c but the grant be not void then if  a estate be settle on a subject by Act of parliament it will not be deny but  that he may alien such estate and why shall not the king have the same  privilege it appear in fact that he have always do it so all the land that  belong to the abbey and monastery be alien by the modern king and yet they be  give to he by Act of parliament and by general word as it be here so the  custom have be always grant and charge by the king and yet they be grant to he  by Act of parliament the authority in our book be full to this purpose as the  yearbooks Edward Edward Plowd Inst Davis Knighton but it be object that this  revenue be give in lieu of inheritance that be unalienable videlicet the ware  livery purveyances c though how the nature of these inheritance can affect  inheritance of another nature I can see but even these inheritance be always  in effect alienable for they may have be release the king may grant to be free  of prisage sir Thomas Waller case and so be service in capite and purveyances  c some opinion have be urge which say that the crown revenue can not be alien  as Fleta and Bracton but these book be only ornament to the law they be not  look on as authentic especial where modern er p the practice have be always to  the contrary but Britton a Britt a be otherwise and so be Selden Selden and b  and Bracton himself seem to be of another opinion where he saysBracton u c c  that even res sacrifice be alienable by the commonlaw though perhaps by the  canon law they be not to be alien so the statute of bigamist also admit that  the king may grant away his revenue fortescue in his book de praise law  England say that the government be not only regal but legal and political and  then discourse of the particular wherein the regal power be restrain and if  our constitution have be so that the king can not alien his land or revenue it  can be imagine but that he will have mention a thing so remarkable especial in  a time when there be so many grant make by the crown though indeed at that  time there be many act of resumption make as there be before and after as in  the reign of Henry the four yearbook Henry pl d and in the time of king Henry  the eight c which be a great demonstration that those grant can not be revoke  or avoid but by Act of parliament it be object that the feefarm rend in the  time of king Charles the second be grant by Act of parliament but they may  have be grant without that Act it be only make to encourage purchaser to make  good the letter patent beyond all scruple and to give power to sue for the  arrear of rend and to distrain c modern then it be object that if this grant  of the revenue shall be alienable to the subject that then the king officer of  excise will be the subject officer but that do not follow they be only a mean  to convey to their fellowsubject their right and that which be grant to they  by the king letter patent so the justice in eire and of oyer and terminer c be  the king justice and yet they convey justice to the people Inst as for these  letter patent themselves it be plain by the whole tenor of the patent that the  king be not deceive in his grant and the consideration be execute though it be  false yet that will not avoid the grant Plo so that I conclude this point that  these letter patent which charge this branch of the revenue be good and firm  in law I come now to the second point and that be concern the remedy take by  the patentee and I bold they have take a very proper and legal remedy we be  all agree that they have a right and if so then they must have some remedy to  come at it too the remedy at commonlaw to recover against the king be by  petition or to point out de law indeed there be a new remedy now give by the  statute edward c and that be by way of traverse to the king title   Inst but  first a petition of right be not necessary in this case not but that a man may  proceed in this way and admit himself out of possession if he please but it be  not necessary for two reason first because a petition of right be ground  always upon a naked matter of fact suggest and not of record and upon such a  suggestion there be a commission issue out of Chanceryyearbook Henry pl   Ent  a but here the title be derive by letter patent which be of record so that  here be no matter of fact to be inquire of second the patentee do not  endeavour to destroy the king title but petition of right do so and be general  inconsistent with the king title then this annuity be not turn to a right as  if there have be a attainder c therefore why shall there be a petition of  right I take this remedy to be by a to point out de law and this remedy be to  be sue at commonlaw when the party modern title appear of recordKeilway b a to  point out de law or ouster Le main which be all one in effect always lie where  the title or right of the king appear as well by matter of record as the king  title and this appear full in the saddler case hob   c also it be plain that a  to point out de law lie in the exchequer I think there be no doubt of that it  be object that the petition shall be first sue to the king but by the record  in RyleyRyleys placita parliamentaria Staundford d it appear that these  petition of right have be sue to the court of king bench but indeed this  petition differ from those for this be only the way of complaint there needs  no endorsement as in the other case modern er p the next objection be that in  this precedent there be a liberate this writ be in its nature a writ of  allowance register e but this writ do not give any manner of jurisdiction for  the court may hold plea and proceed without it but the next answer that I give  to this and which may be satisfactory to any body be the statute of Richard c  which direct the baron of the exchequer to answer every demand without any  writ or letter from the king so be Inst so that I take it to be very plain  that the baron may proceed here without any writ at all but it be object that  the writ shall have be direct to the treasurer c but this needs not be for the  treasurer have nothing to no with civil plead register a indeed Fitzherbert  Fitzherbert n b b mention the treasurer but that be a common error and the  writ deed not be so direct it be true as my Lord coke observe that the  legitimation of any case may be suspect that have no case of kin to it and I  agree to that rule but I think I have find out some kindred to this present  case and that be the case in coke entry   Ent claim of liberty c for there the  baron do allow certain liberty and also the payment of a rentcharge grant by  the king to my Lord Hunsdon so the case of Margery Parker in Henry pl d be a  considerable authority to this point she have a annuity out of the great  custom of London grant by the queen out of a sum assign for her dower to  receive of the customer the queen shall not have action against the customer  but must sue to the baron of the exchequer modern and Margery Parker may sue  for it in the exchequer in the same man tire as the queen may for her portion  then there be my lady Broughton case which happen in the twentyfifth year of  Charles the second my lady Broughton forfeit the keeper place of the new  prison to the king who thereupon make a seizure upon this the dean and chapter  of Westminster come into the court of exchequer and claim the inheritance and  the king hand be amoved indeed this matter be first stir in the king bench for  they give judgement to seize the prison now if the court of king bench may  hold plea there of a to point out de law because the seizure be there why may  they not as well proceed in the exchequer by to point out de law because the  money be there it be true money come into and issue out of the exchequer  without the baron but with submission the right of bring in and issue out of  the money belong to the baron and if you make the baron only judge of the  right of come in of the king money you make they judge but of half their  business which belong to that court for the baron have the judicial power over  the whole court of exchequer and to say that the treasurer and his officer  have no correspondence with the baron be not true for all the book take notice  of they as person that all belong to the exchequer some have object that this  court ought regular to bold plead only where the king be party and that this  court use to be prohibit to proceed in any plead that do not concern the king  and in Inst there you may see what plead they may hold but here the plea do  concern the king for here be the king grant and the suit be to the king and  this determination of the baron in this case be not thus any judgement of  their own but the king himself by reason of such his letter patent have oblige  himself to make such payment as in the case of a obligation where debt be  bring upon it and a recovery be have it be not so much the judgement of the  court that bind the property as the obligor himself who by his bind have  subject his property to be determine by the judgement now as to the authority  which seem direct to govern this point and the objection against they there be  sir Thomas Wroths case in Plowden Plowd a which I rely upon as a clear and  full authority in this case notwithstanding all the objection that have be  make against it modern king Henry the eight have appoint sir Thomas wrath to  be gentlemanusher of the privychamber to prince Edward and he grant to the say  sir Thomas for the exercise of the same office a annuity of twenty pound to he  have and yearly take to the say sir Thomas from ladyday then last pass during  his natural life by the hand of the treasurer of his court of augmentation of  the revenue of the crown for the time be of such his treasure of the same  modern er p revenue as shall remain in the hand of the treasurer at two time  in the year c the chief objection against this case be that there the grant be  under the seal of the court of augmentation which be incorporate with the  court of exchequer but that I deny for that court be never legal unite to the  court of exchequer as be adjudge in dyer so that the objection that sir Thomas  Wroths grant be under the seal of the augmentation court and under the survey  of it be go then it do not appear to I that ever the court of augmentation  have any power express give they to relieve the grantee of such rend I have  look over the Act of parliament by which that court be constitute but I can  find any such power but I think the court of augmentation do proceed in such  manner that it may be also repute a court of exchequer and the court of  augmentation be by express word make a court for the new revenue that shall  come to the crown which be exempt from the jurisdiction of the other court but  that which I infer from hence be that if this new court of exchequer do in  some case relieve grantee of rend c certain the old court of exchequer shall  have the same privilege there be other court which have also proceed in the  same manner as the court of ware do usual bold plea of these matter queen  Elizabeth grant to Allen cro James b under her great seal a annuity of forty  pound ayear to be pay by her receiver of the court of ware this be Payable by  the receiver be in the nature of a rentcharge so the court of surveyor erect  by Henry c proceed in the same manner and relieve grantee of rentcharge c as  to Nevil case also in Plowden Plowd c I take it likewise to be a full  authority in point a yearly rentcharge of three pound ten shilling be grant to  sir Henry Nevil and another for the exercise of the office of keeper of a park  out of a manor for their life one be attaint the manor come to the possession  of the king the king shall neither have the office nor the rend and the arrear  of the say annuity be pay to sir Henry Nevil at the modern receipt of the  exchequer by the hand of the treasurer and the chamberlain first I grant that  those land be also under the survey of the court of augmentation but that I  conceive make nothing against I for the reason beforementioned there be  several other record which have be already quote but I shall not trouble you  with the repetition of they I shall only mention some few which I think have  be omit as in Trinity term in the first of queen mary roll in the second of  Elizabeth roll Michaelmas term queen Elizabeth roll Hilary term Elizabeth roll  easter term Q roll in all these record it also appear that money issue out of  the exchequer by order of the court of exchequer and it be high reasonable  that they shall have such a power suppose the king purchase land that be  charge with a rend the king must take the land together with its burden but in  such case it will be too hard to drive the grantee of the rend to his petition  of right to the king no certain he may come to the court of exchequer by way  of petition to the baron who may give he relief it have be object that money  which once come into the exchequer can never be take out Reg but if this be  true in a general sense that none of the king revenue that be bring into the  exchequer can be pay out it will destroy all annuity rentcharge and other  payment which the crown be oblige to make it be true if a man be outlaw in the  king bench and the party good be seize into the king hand and then the  outlawry be reverse there can be no restitution but see cro Elizabeth vern  bunb a the reason of this be for that the court of king bench can send a writ  to the treasurer and the court of exchequer have no record before they to  issue out a warrant for a restitution so if a attainder be reverse the mean  profit take into the exchequer can be restore for the same reason and also for  that the king can be make a seize and the statute give a remedy only as to  parliament there remain after all a great objection have it any weight and  that be who good if the patentee shall have judgement for they what will it  signify if they can modern er p come at any money I as to this I do think that  as soon as the writ be deliver to the officer of the exchequer I mean the  treasurer and chamberlain the property be alter and the officer become debtor  to the party as appear by Henry so as soon as a become facias be deliver to  the sheriff and upon it modern good be levy the property of the good be alter  and the sheriff become a debtor to the plaintiff so a action of debt will lie  upon a liberate and so it have be adjudge I shall only observe one thing more  and so conclude and that be in answer to my brother who argue last for he  strike very hard at the judgement give by the baron he think that it be very  erroneous and therefore void but with submission I take this judgement to be  as well as it can be and whereas it be say in the judgement that the money  shall be pay by commissioner and chamberlain of the treasury it must be  understand of the receipt of the treasury and not of the Lord high treasurer  which office be long since expire as for the levy of the tally mention in the  judgement it do not hurt it be at most but surplusage but that which I insist  on be that though this judgement in respect of form or any material point of  it shall be erroneous yet if your lordship shall be of opinion in the two  first point with I you will then give a new judgement such as the court of  exchequer ought to have give for that be the law of this place as appear by  Edward and this last point be so rule upon a debate in the house of lord and  be the case of the king v Sainthell in the thirty year of Charles the second  so that upon the whole I be of opinion that the judgement give by the baron  ought to be affirm but afterward summer Lord keeper be of opinion to reverse  the judgement and accord it be reverse the ground upon which he give his  opinion be that the patentee have not take a proper remedy by petition to the  baron who have no power or control over the king treasury c and that their  only remedy be by petition to the king himself he insist much upon the same  reason and ground which Treby chief justice go on summer Lord keeper  distinguish himself upon this occasion by one of the most elaborate argument  ever deliver in Westminster hall edit in to but a majority of the judge who  argue in the exchequer Chamber be unanimous of opinion on the first point that  the grant out of the excise be good and a majority of they concur with holt  chief justice against the opinion of Treby and Lord summer that the petition  to the baron of the exchequer be the proper remedy a question therefore be  make whether the opinion of the majority of the judge shall prevail or whether  they be mere assistant to the Lord treasurer and Lord keeper and on this point  be refer to the twelve judge seven against three hold that the Lord treasurer  and Lord keeper be not conclude by the opinion of the judge and therefore that  the Lord keeper there be no Lord treasurer may give judgement in this case  accord to his own opinion and accord Lord summer reverse the judgement of the  court of exchequer but the case be afterward carry by writ of error into  parliament when the judgement of the court of exchequer Chamber be reverse and  the judgement of the court of exchequer affirm saint trial but it be enact by  will c S that in lieu and discharge of the perpetual annual payment and of all  arrear thereof grant by Charles the second out of the hereditary excise the  say excise shall be charge with the payment of three per cent per annum on the  principal sum due to the respective patentee subject to be redeem on the  payment of a moiety of the principal sum mention in their patent the moiety of  this debt due to the banker amount to the sum of by the statute of Geo c this  sum be provide for to be subscribe into a joint stock of annuity at five per  cent per annum redeemable by parliament and transferable at the bank many of  these debt however remain unclaimed and in the year there remain in the  exchequer the sum of l S d which have be reserve to answer the annuity on such  unclaimed debt by Geo c the say sum be direct to make a part of the sink fund  and to be apply towards the redemption of the annuity as direct by the Act a  modern er p michaelmas term the seven of William the three in the king bench  sir John holt Knt chief justice sir William Gregory Knt sir Thomas Rokeby Knt  sir Samuel Eyre Knt justice sir Thomas Trevor Knt attorneygeneral John hawles  Esq solicitor general