374 AN HISTORICAL ACCOUNT OF 



not so holden : which writs of covenant or entry not finable, 

 thus it is done : an affidavit is made either before some such 

 justice, or before the said doctor, that the lands, comprised 

 in the writ, be not worth above forty shillings by the year, 

 to be taken. And albeit now here can be no composition, 

 since the queen is to have no fine at all for unfinable writs, 

 yet doth the doctor indorse his name, and cause the youngest, 

 or third clerk, both to make entry of the writ into a third 

 book, purposely kept for those only writs, and also to in 

 dorse it thus t jinis nullus. That done, it receiveth the names 

 of the deputies, indorsed as before, and so passeth hence to 

 the custos brevium as the rest. Upon every doquet for 

 license of alienation, or warrant for pardon of alienation, the 

 party is likewise at liberty either to compound with the 

 deputies, or to make affidavit touching the yearly value; 

 which being known once and set down, the doctor sub- 

 scribeth his name, the receiver taketh the money after the 

 due rate and proportion; the second clerk entereth the 

 doquet or warrant into the book that is proper for them, 

 and for the writs of entry, with a notice also, whether it 

 passeth by oath or by composition ; then do the deputies 

 sign it with their hands, and so it is conveyed to the deputy 

 of Mr. Bacon, clerk of the licenses, whose charge it is to pro 

 cure the hand of the lord chancellor, and consequently the 

 great seal for every such license or pardon. 



Proceeding There yet remaineth untouched the order that is for the 



upon forfeiture mean profits ; for which also there is an agreement made 



an profits. here when it j g discovered that any alienation hath been 



made of lands holden in chief, without the queen s license ; 

 and albeit that in the other cases, one whole year s profit 

 be commonly payable upon such a pardon, yet where the 

 alienation is made by devise in a last will only, the third 

 part of these profits is there demandable, by special provi- 

 34 II. 8. c. 5. sion thereof made in the statute of 34 H. VIII. c. 5. but yet 

 every way the yearly profits of the lands so aliened without 

 license, and lost even from the time of the writ of scire facias, 

 or inquisition thereupon returned into the Exchequer, until 

 the time that the party shall come hither to sue forth his 

 charter of pardon for that offence. 



In which part the subject hath in time gained double 

 ease of two weighty burdens, that in former ages did 

 grievously press him; the one before the institution of this 

 office, and the other sithence ; for in ancient time, and of 

 right, as it is adjudged 46 E. III. Fitzh. forfait 18. the 

 mean profits were precisely answered after the rate and pro- 



