THE OFFICE OF ALIENATIONS. 369 



(her, and was at the charge not only to wage justices and 

 their ministers, but also to appoint places and officers for 

 safe custody of the records that concerned not himself; by 

 which means each man might boldly both crave and have 

 law for the present, and find memorials also to maintain 

 his right and recovery, for ever after, to the singular benefit 

 of himself and all his posterity ; it was consonant to good 

 reason, that the benefited subject should render some small 

 portion of his gain, as well towards the maintenance of this 

 his own so great commodity, as for the supportation of the 

 king s expense, and the reward of the labour of them that 

 were wholly employed for his profit. 



And therefore it &quot;was well said by Littleton, 34 H. VI. Litt. 34 II. 

 fol. 38, that the chancellor of England is not bound to 6 foL 38 - 

 make writs, without his due fee for the writing and seal of 

 them. And that, in this part also, you may have assurance 

 of good antiquity, it is extant among the records in the 

 Tower, 2 H. III. Memb. 6, that Simon Hales and others 

 gave unto him their king, iinum palfredum pro summonendo 

 Hichardo Jilio et harede Willieimi de Hanred, quod teneat 

 Jinem factum coram justiciariis apud Northampton inter 

 dictum Willielmum et patrem dicti Arnoldi de feodo in 

 Barton. And besides that, in oblatis de Ann. 1, 2, and 7, 

 regis Johannisj fines were diversely paid to the king, upon 

 the purchasing writs of mort d auncestor, dower, pone, to 

 remove pleas, for inquisitions, trial by juries, writs of sundry 

 summons, and other more. 



Hereof then it is, that upon every writ procured for debt 

 or damage, amounting to forty pounds or more, a noble, 

 that is, six shillings and eight pence, is, and usually hath 

 been paid to fine ; and so for every hundred marks more a 

 noble; and likewise upon every writ called a pr&cipe of 

 lands, exceeding the yearly value of forty shillings, a noble 

 is given to a fine ; and for every other five marks by year, 

 moreover another noble, as is set forth 20 R* II. abridged 20 Rich. IL 

 both by justice Fitzherbert and justice Brooke; and may 

 also appear in the old Natura Brevium, and the Register, 

 which have a proper writ of deceipt, formed upon the 

 case, where a man did, in the name of another, purchase 

 such a writ in the chancery without his knowledge and 

 consent. 



And herein the writ of right is excepted, and passeth 

 freely, not for fear of the words in Magna Charta, Nutli 

 vendemus justitiam vel rectum, as some do phantasy, but 

 rather because it is rarely brought ; and then also bought 



VOL. XIII. B B 



