case vernon against Benson a sign manual not countersign by the lord of the  treasury nor by a secretary of state be not good this be a case refer to the  attorney and solicitor general by the king and Council for their advice  whether it be reasonable for the king to revoke a sign manual and privy signet  grant to sir John friar in trust for the defendant Benson the same be obtain  by surprise as be suggest in the plaintiff petition and without a full and due  information the case be thus colonel Vernon father of the petitioner mary  Vernon and great uncle of the other petitioner captain Vernon be a true  royalist in the civil war and sell his estate to raise a regiment for the  service of the king and afterward serve he in his exile after the king be  restore he grant to the say colonel Vernon certain land in Cloontarfe in  Ireland now of the value of seven hundred pound per annum and likewise in  consideration of his say service to the crown and of his give the king all  modern report that land on which the fort of Sheerness then stand and also of  seven thousand pound in money the king by letter patent grant to he and to  Rupert brown the honour manor and forest of Weedwood in fee before this grant  make to colonel Vernon he be possess of some of the office in the say forest  for a long term of year then to come by virtue of a grant make thereof to the  duke of Ormond and earl of Chesterfield in trust for he c but the grant of  this forest as aforesaid be apprehend by some person at court to be very  excessive there be some intention to revoke it but it not be do in the  lifetime of that king his brother and successor James the second have the like  intention a bill be exhibit against the say colonel Vernon and Rupert brown  and upon a full hear of the cause before jefferies Lord chancellor assist by  the two chief justice and chief baron it be decree that the say letter patent  shall be vacate be obtain by a gross imposition on the king in the value of  this forest which be the very word of the decree colonel Vernon intend to  appeal to the house of lord from this decree soon afterward die and upon the  accession of king William to the crown it be think not expedient to rest his  right to this forest on this decree therefore a Act of parliament pass to vest  this forest and all the right and member thereof in the crown nobody appear in  that session of parliament to claim any right the colonel have therein or to  the lease he have in the say office or to the land on which the fort of  Sheerness be build the heir and representative of the say colonel be all Roman  Catholic but Rupert brown take care of himself by obtain in the say statute a  save of his right and by a clause therein videlicet that he shall be pay what  debt be due to he from colonel modern report er p Vernon by sale of some  timber in the say forest to be set out by such person as the king shall  appoint and that he shall assign over such security as he have from colonel  Vernon to such person or person as the king by his sign manual or privy seal  shall at any time appoint to recover the same and Rupert brown be pay the debt  due to he by the sale of timber this debt which be original due from colonel  Vernon remain in the crown modern report thereupon the late queen grant a  privy seal to one of her officer to recover this debt for her use and the  petitioner mary Vernon have in like manner petition her majesty as now and  that petition be refer to the lord of her majesty Council they represent the  petitioner to the queen as a object of her charity but the queen die before  anything more be do pursuant to the say privy seal this debt due from colonel  Vernon still remain in the crown by virtue of the statute aforesaid and  thereupon the defendant Benson obtain this sign manual to sir John friar to  recover this debt in trust for the say Benson and likewise another sign manual  recite the first and command Rupert brown to deliver to sir John friar all the  security he have from colonel Vernon and to assign they to sir John which be  accord do by a assignment of a judgement of three thousand five hundred pound  two Ireland which affect his estate in Cloontarfe which judgement be revive  and the petitioner mary Vernon sue to a outlawry there and a to know facias be  bring against captain Vernon the other petitioner who be the next in remainder  after a estatetail in the petitioner mary by virtue of a settlement make by  colonel Vernon the say mary be now above fifty year old and without issue  thereupon this petition be exhibit suggest the matter above mention and that  the king be surprise in the grant this sign manual and not duly inform of the  merit and service of colonel Vernon or of that equitable demand he may have of  the crown for the land on which the fort of Sheerness be build or of those  term for year still subsist of and in those office which he have in Weedwood  forest and this petition be refer to the attorney and solicitor general for  their opinion whether it be reasonable for the king to revoke this sign manual  and privy signet to sir John friar as obtain by surprise and without due  information as aforesaid it be argue in behalf of the petitioner that it be a  great hardship that the heir of colonel Vernon shall be deprive of those  equitable demand they have on the crown for the land on which the fort of  Sheerness be build and of the right which they have to the lease for year in  the office in this forest and to have no manner of satisfaction for the same  or for any part therefore and that as it be very probable if the king have be  inform of these modern report demand at the time be grant this sign manual he  will not have grant it so it be reasonable for he to revoke it now he be full  apprise of the say demand a see Inst roll Abr lev a beside this sign manual  never pass through the office as it ought to have do for there be no copy  thereof in the office of the secretary of state or in the office of the lord  of the treasury and therefore not duly issue and it will be of dangerous  consequence if the treasure of the crown can be dispose by a sign manual  without be countersign by the lord of the treasury or some other officer who  be by the law of the land to be a guard to the king that be may not be impose  on by any of his subject the counsel for the defendant insist that this sign  manual be obtain without any fraud and without any imposition on the crown and  that this debt be now vest in the king by Act of parliament without any  reservation of the right of the petitioner and if they suffer any hardship it  be not by the defendant but by the statute who do not nor can apprise the king  of any right they have as not know they have any and that if they have any  equitable demand on the crown still they can have any right to this debt  because it be vest in the king by Act of parliament and therefore they may  apply to he to be consider as his majesty shall think fit now admit the sign  manual be not enter in the secretary or any other office nor countersign by  the lord of the treasury or by a secretary of modern report er p state yet  since it be fair obtain and since it be draw by the undersecretary to the Lord  Sunderland who be principal secretary of state and by he send to sir Edward  Northey then attorneygeneral for his opinion and by he approve and send back  to the secretary office and all this do before it be sign by the king in such  case if the secretary have be so remiss as not to enter a copy of it his  neglect shall not be prejudicial to the defendant who have do all which he  ought to do to obtain this sign manual beside the not countersigning it do not  make it void nor the not enter copy thereof in any of the say office do not  make it ineffectual because the countersigning or keep copy thereof serve to  no other purpose than to apprise the king if any other person shall endeavour  to obtain a sign manual for the same thing which have be already modern report  grant or to serve as a tally to account with the king for his treasure it add  no force to the sign manual for in respect to the grantee it be as good before  it be countersign as afterward for if it shall be otherwise then the secretary  of state and the lord of the treasury will have it in their power to render  the king grant ineffectual therefore they be oblige to countersign the same  beside there be a very good reason why this sign manual shall not be  countersign because this demand never be any of the king treasure for it be  only a power or right to bring so much money into the treasury for which the  lord of the treasury be not Accountable till it be actual bring in for which  reason it be insist that the king ought not to be advice to revoke this sign  manual though it be not countersign and though the attorneygeneral tell the  counsel for the defendant that be never see any sign manual before this but  what be countersign the counsel for the petitioner reply that it be absolute  necessary all sign manual shall be countersign either by the lord of the  treasury or by a secretary of state otherwise great inconvenience may happen  both to the king and people for the king may be abuse into extravagant nay  into different grant of the same thing to several person and it be for that  reason the law appoint he shall be guard by such counsel as will obstruct such  grant for if they shall be good without pass through the usual office and  without observe those usual ceremony it will be a vain thing to keep such  office as a fence to the crown from any imposition and though it have be say  on the other side and it may be true that the countersigning add no strength  to such grant and that they be good in respect to the grantee though not  countersign and that it will be very inconvenient if the neglect of the king  officer shall be prejudicial to the defendant yet the countersigning be a  necessary ceremony to be use in all the king grant to make they effectual in  pass any interest to the grantee and a condition without which they can pass  any treasure out of the crown now if countersigning be necessary it will be a  great inconveniency to the public if such grant shall be good without be  countersign than that the neglect of the officer shall avoid a sign manual for  not countersigning it because it be the business of the grantee to see that  the officer shall do his duty in perfect and finish the grant modern report  but if such naked grant as this shall be good to pass the king treasure then  those office and officer be of no use on another day the counsel for the  defendant argue that this be a good sign manual and effectual to pass the king  right to this debt for though it may not be good to pass the king treasure yet  in this case it be no more than a appointment accord to the statute to recover  a debt and do not rest on the foot of other sign manual but receive its  strength from a Act of parliament by which the right to it be vest in the  crown this be grant by a sign manual of the late queen and then a now the say  mary Vernon petition the queen to revoke it and that petition be refer to the  lord of the then Council who represent the petitioner as a object of her  majesty compassion which in effect be give up her right and she may still be a  object of compassion but that can be a reason to revoke a sign manual fair  obtain and to complain of any hardship be to impeach the statute which ought  not to be do because it be not to be imagine that the parliament will deprive  any person of a just right without make some other recompense and it may  reasonable be presume that the petitioner have no right for if she have that  have modern report er p be the proper time to claim it before the Act pass but  the truth be she have no right for the parliament consider how many year  colonel Vernon be in possession of this forest and have receive the profit  thereof may apprehend that to be a good consideration for his land on which  the fort of Sheerness be build and of other demand he can have and therefore  there be no save of any right in the statute as to he now as to the  countersigning this sign manual admit it to be necessary yet if other thing be  do which amount to a countersigning these shall make it as effectual as if it  be countersign now this sign manual be seal with the privy signet which be  always keep in the secretary office and this be a good proof that it pass  through the usual office and be fair obtain and a better proof than if it have  be countersign by the secretary himself beside about two year after the grant  the first sign manual the defendant obtain another command Rupert brown to  deliver up colonel Vernon security to sir John friar which last sign manual be  countersign by the modern report secretary of state and a copy thereof be keep  in his office which plain show that it be not obtain by any surprise or  misinformation the counsel for the petitioner argue that though the first sign  manual be recite in the second yet that will not make the first good for it be  never yet hear that the recital of a void act in the king grant shall make it  better but on the contrary if the second depend on the first it avoid both  whether the grant be make by the king or a subject that this sign manual be  seal by the privy seal do not amount to a countersigning as be allege on the  other side for the true reason of countersigning be not to show that the grant  pass through such a office but to show what be do by the minister of state for  or in behalf of the king to who he be Accountable for his advice and conduct  in the office now there be two secretary of state and a privy signet keep in  each of their office the seal the king grant with the privy seal do not inform  the king or the subject which of those secretary pass the grant as  countersigning do or if it do it be not so effectual as countersigning be to  bring a public minister to account for his misconduct in pass such grant which  ought not to be pass because countersigning be a approbation of the grant and  a imply consent and advice of the minister to pass it as to what be say that  this sign manual do not rest on the foot of other because it be but a  appointment accord to the statute to recover a debt certain this must be wrong  for though the statute empower the king to assign this demand it must be  intend by a good and effectual sign manual and not by one which be informal or  void and as to the representation of the late queen Council of the petitioner  to be a object of her compassion which be now say to be a give up the right of  the petitioner it be very true that since the statute the petitioner have no  remedial right neither do they insist in their petition that they have any  right but set forth what service colonel Vernon have do for the crown and what  reason may induce his majesty to extend his royal bounty to they who be his  heir and that this debt be now vest in the crown they deserve to have it  release more than any other person can deserve to have it grant modern report  it be true the representation of these service and the hardship suffer be  foreign to the merit of the reference now depend but requisite to induce the  king to grant this reference therefore the petitioner do not now rely on those  service but will leave they to the consideration of the king in Council and at  this reference they rely that this be a naked and informal sign manual without  any precedent and not sufficient to pass the king treasure and consequent  ought to be revoke if it be his majesty pleasure so to do at this reference  the attorneygeneral say that he never see any sign manual but what be  countersign by the secretary of state or the lord of the treasury but have see  several not seal with the signet or privy seal that he have observe this  difference videlicet that where the sign manual be only a direction or  commission to do a far act as to make out letter patent there it be only  countersign but not seal but where it be to be the principal act itself there  it be both seal and countersign then one of the counsel for the petitioner say  that king William have grant a sign manual to the now defendant who carry it  to the secretary office when modern report er p Mr Vernon be secretary of  state in order to have it countersign and seal which he refuse to do and will  not return the sign manual but keep it and upon complaint make to the king he  be attend by that secretary who show reason for his so do and the king be  satisfy with the suppress it after the death of that king a bill be exhibit in  chancery by the now defendant against secretary Vernon suggest that he the  complainant have obtain such a sign manual which will have be very beneficial  to he but that it be unjust suppress by the defendant secretary Vernon and  upon bear the cause that court approve what the secretary have do and the  plaintiff bill be dismiss the report of the attorney and solicitor general  upon consideration of the several matter lie before we we humble certify our  lordship that although grant or warrant under the king sign manual ought  regular to be countersign by some officer of state accord to the nature and  import of such grant or warrant and that the omission of such countersigning  may be some evidence of surprise upon the crown when there be nothing to  account for it yet we apprehend that suspicion be remove in the present case  the late earl of Sunderland have by letter refer the consideration of this  very point to his majesty then attorneygeneral and the answer to that letter  by sir Edward Northey in which he seem to intimate that there be no necessity  that a warrant grant in pursuance of the proviso in the statute will a see  will c S a above mention shall be countersign which intimation of his together  with a doubt by what officer it ought to be countersign may probable occasion  that omission if the want of be countersign make the instrument void or if the  crown have no authority to direct a assignment of the security because the  three thousand three hundred pound and interest be discharge by a fall of wood  and not pay in money we conceive the petitioner may take advantage of these  point in the ordinary course of justice b see Inst dyer lev b as to what be  insist on for the petitioner with regard to the circumstance of their case and  that his majesty will not have direct a assignment of the say security to the  person now claim the benefit thereof if those fact have be lie before his  majesty but if they be not we do not think ourselves at liberty to judge  whether his majesty will or will not have grant such warrant in case they have  be represent to he since we be of opinion he may by law have grant it  notwithstanding any of these matter insist upon for the petitioner trinity  vacation the nine of George the first in the year before the delegate sir  Littleton powys Knt Tracy Knt sir John fortescue aland Knt justice sir James  Montague Knt sir Francis page Knt baron