THE OFFICE OF ALIENATIONS. 375 



portion per diem, even from the time of the alienation 

 made. Again, whereas before the receipt of them in this 

 office, they were assessed by the affidavit from the time of 

 the inquisition found, or scire facias returned, now not so 

 much at any time as the one half, and many times not the 

 sixth part of them, is exacted. Here, therefore, above the 

 rest, is great necessity to show favour and merciful dealing; 

 because it many times happeneth, that either through the 

 remote dwelling of the party from the lands, or by the 

 negligence or evil practice of under-sheriffs and their bailiffs, 

 the owner hath incurred the forfeiture of eight or ten years 

 whole profits of his lands, before he cometh to the knowledge 

 of the process that runneth against him ; other times an 

 alienation made without license is discovered when the pre 

 sent owner of the lands is altogether ignorant that his lands 

 be holded in chief at all : other times also some man con- 

 cludeth himself to have such a tenure by his own suing 

 forth of a special writ of livery, or by causeless procuring a 

 license, or pardon, for his alienation, when in truth the 

 lands be not either holden at all of her majesty, or not 

 holden in chief, but by a mean tenure in soccage, or by 

 knight s service at the most. In which cases, and the like, 

 if the extremity should be rigorously urged and taken, espe 

 cially where the years be many, the party should be driven 

 to his utter overthrow, to make half a purchase, or more, of 

 his own proper land and living. 



About the discovery of the tenure in chief, following of The chief clerk, 

 process for such alienation made, as also about the calling 

 upon sheriffs for their accounts, and the bringing in of the 

 parties by seisure of their lands, therefore the first and prin 

 cipal clerk in this office, of whom I had not before any cause 

 to speak, is chiefly and in a manner wholly occupied and 

 set on work. Now if it do at any time happen, as, notwith- The discharge 

 standing the best endeavour, it may and doth happen, that pf him that 



j.i i 111 j j i iu t. i -j. holdeth notin 



the process, howsoever colourably awarded, natn not hit chief w h e nhe 

 the very mark whereat it was directed, but haply calleth is sued eno- 

 upon some man who is not of right to be charged with the n eously. 

 tenure in chief, that is objected against; then is he, upon 

 oath and other good evidence, to receive his discharge under 

 the hands of the deputies, but with a quousque, and with 

 salvo jure doming. Usage and deceivable manner of award 

 ing process cannot be avoided, especially where a man, hav 

 ing in some one place both lands holden in chief, and other 

 lands not so holden, alieneth the laws not .holden : seeing 

 that it cannot appear by record nor otherwise, without the 



