PROPOSITION for the Increase of his Majesty's Revenue in Ireland, with the Attorney-General's...

(1.) Proposition.--By subsidies to be granted in Parliament. We think it fit that an Act be drawn to this effect according to the Act for granting subsidies, tenths, and fifteenths, &c., in England, which is committed to the care of the L. Chief Baron and the King's Attorney-General.

Opinion. (1.)--There have been many subsidies granted by Parliament in this kingdom, but not out of lands and goods, viz., 2s. 8d. out of every pound in goods, and 4s. out of every pound in lands; but a certain sum was imposed upon every plowland after the ancient manner of taxes in England, which were called "hydage" and "carucage." But, whereas the old carucage was not commonly above 2s. upon a carew of land, the subsidy upon a plowland here hath been, for the last 100 years, 13s. 4d., payable for ten years together. 11 Eliz., c. 11, a subsidy of 13s. 4d. out of every plowland was granted for 10 years, charging all temporal lands and cross-lands manured, except lands lying within the franchises of corporate towns, and the demesnes of such Lords and gentlemen as did answer rising out, &c. This subsidy did amount to 500l. per ann., and within five shires of the pale.

3 & 4 Ph. & Mary, c. 7, the like subsidy was granted for 10 years: the like: 34 H. 8. c. 1, the like: 21 H. 8. c. 1, also 7. H. 8. c. 4. and 24 H. 7. c. 3. 2] Eliz., a fifteenth granted: 16 E., 2, a tenth by the clergy. But I am of opinion that it will be best for his Majesty's profit and content of the subject, to grant a subsidy out of lands and goods as in England; for the ploughlands throughout the realm are uncertain, and which are manured and which not, is a greater uncertainty, whereby the collectors will be made rich and the subsidy will fall out to be but small.

(2.)--By customs, subsidies, and impositions upon merchants.

Opinion. (2.)--The ancient customs and subsidies of poundage are now to be fully collected in all the ports where they are certified to be due by the opinion of the judges in England; and if an imposition of 12d. in the pound be imposed upon all merchandises brought in or carried out, (by such as claim to be free of poundage by Act of Parliament or charter,) to the end that all may be equally charged, the King's revenue will be increased 10,000l. per annum at least.

Like letters patent to be drawn and sent to the cities and towns of Dublin, Waterford, Gallewaie and Drogheda.

This imposition may be laid by letters patent under the great seal, to be sent to every port or haven signifying the King's special pleasure for the imposing and levying of the same as in England.

The farmers and merchants are to be dealt withal touching the farming of the exportation of those prohibited commodities which shall be done out of hand.

For the extraordinary customs and forfeitures imposed upon the native commodities of this kingdom by the statute of 11 Eliz., c. 1, to stay exportation of the same, viz., upon wool, flocks, flax, linen yarn, woollen yarn, sheep-fell, calf-fell, goat-fell, red deer-fell, fallow deer-fell, beef, tallow, wax, butter, the merchants in every port-town will gladly now farm a license to export the same, and pay a good sum besides the ordinary customs and poundage.

There is no license now for exportation of any of those commodities, but during pleasure only, except for linen yarn. For exportation thereof a license was granted to Sir Edward Blunt and William Brittaine, dated June, 2 Jacobi, for exportation of 1,200 packs yearly, which yielded 1,500l. per ann. This license is expired within two years and a half, but Mr. John West hath a like license for 21 years.

This is recommended to the consideration of the Lords of the Council in England, for we cannot compound it here.

This may be compounded for at the easier rate, because the King may either cause the Act to be repealed, which maketh their licenses void, or else grant other licenses, and so make these already granted of less yearly value.

We think a groat upon each raw hide to be an indifferent imposition, and that to be set down and established which makes ten groats English upon every dicker, and this to be done by letters patent.

Raw hides are not mentioned in this statute, howbeit a special imposition may be laid for the exportation of that commodity into foreign parts. For by the statute of 7 H. 6. c. 13, in this realm, hides are prohibited to be exported, unless bonds be first entered before the mayors of the staple here for landing thereof at the King's Staple in England, there to answer the due customs.

Conference to be had with the late farmers to learn what will be given for exportation of corn yearly, and care shall be had that the benefit shall be the King's yearly, when corn passeth.

Corn is also a commodity prohibited to be exported, the license whereof may be also fashioned when it beareth a certain price.

Six shillings and eight pence to be imposed on every thousand.

Pipestaves. An imposition may be justly laid on this commodity, for the great timber of the realm is wasted by exportation. This may be done by letters patent, ut supra.

The farmer is by letters required to be here the next term about this matter.

The custom of 13s. 4d. upon every foreign vessel that cometh to fish upon the coast of Ireland is already farmed at 30l. per ann. for certain years yet to run. This lease may be resumed and a better rent reserved.

The farmers are likewise required to appear at the same time.

Also the leases of the great customs to the towns of Gallewaie, Dundalke, and Carrick Fergus are to be resumed.

(3.)--By prisage of wines, impost for wines, licenses to draw wines throughout the kingdom.

(3.)--The Earl of Ormond claims an estate of inheritance in the prisage, but he is to pay to the King 2s. for every tun. This wine is to put in charge by escheating the Earl's grant into the Exchequer; and for the speedy levying of the arrears, the Earl's officers may be called to show cause why this rent is not answered. And if the Earl should refuse to pay it, the whole prisage may be seized.

This is recommended unto the care of the L. Chief Baron and Court of Exchequer.

Fit to be considered by the Lords of the Council there, and regard to be had that the farmer do bear the fee in port given to the Deputy, nobility, and Council of the realm, if it may be.

The impost of wines is farmed to the L. Hayes. If the King resume this lease, it is to be done in England.

For this we are to have direction and allowance out of England.

The licenses to draw wines will yield a great farm. They may be granted upon the same reason and law as they are in England.

(4.)--By licenses to make and sell aqua vitæ.

When the licenses are expired or resumed this may be offered to be improved for the King's profit and more advantage than now they are, by setting each county to farm to some one man, and no man to deal with more than for one county.

(4.)--There are several licenses granted in the several provinces which are yet in being, but the longest day that was granted was but for 7 years, and divers of them are well nigh expired. If all these licenses were resumed, they would yield far better farms than now they do. For all the kingdom the farm may probably be supposed to be worth 500l. per ann.

(5.)--By licenses to sell tobacco, and recognizances taken for selling of ale, &c.

The imposition of 18d. upon the pound of tobacco is now farmed at 20l. st. by the year.

Selling of ale to be let to farm.

(5.)--License for selling of tobacco may be added to the former, and the profits to be made upon recognizances to be taken of everyone that sells ale, 2s. 6d. for every recognizance, to be renewed every half year, with condition for keeping good rule and order, which will be for the good of the commonwealth and yield a great farm to the King.

(6.)--By license of aulnage or for measuring of clothes and salt.

The aulnage is good and requisite for the commonwealth, and with this caution to be apprehended, and care is to be taken for an Act to be made.

The measuring of salt is already set for a few years at 40l. a year rent.

(6.)--These offices may likewise be farmed, but for aulnage, before the office be erected, it is meet that an ordinance be made by the State for the length and breadth of cloths, which may be afterwards established by Act of Parliament. Thus much for the improvements that may be made upon merchandises and other commodities of the realm.

(7.)--By aids for making the Prince knight and for marrying his eldest daughter, due by reason of his seigniories royal.

The like course to be held here for those things as it is in England, by way of commission.

(7.)--The improvements which may be made upon the King's seigniories and lands.

These may be levied by commission as the Prince's aid was levied in England. We have a copy of the instructions which were annexed to the commissions there, which will serve aptly for this service here. We have a precedent in a Pipe Roll of 44 H. 3 remaining in Bremingham's tower, of an aid given for the marriage of the King's sister Isabell to the Emperor Frederick, in these words:--"Dublin. Hoeredes, Wateri de Lacie, 20s., de Courloeke pro auxilio Domini Regis ad sororem suam Imperatori maritand.;" and, again: "Lucas Archiepiscopus Dublin, 40s., pro eod." But the statute of 23 E. 3, which reduceth this aid to a certainty, is of force in this kingdom as well as in England, and therefore we need not precedents in that behalf. These aids may be levied successively, first for the Prince, and after for the Lady Elizabeth.

(8.)--By wardships. The like course may be held herein as in England; but herein consideration is to be had of the detriment which the deputy shall thereby sustain, who hath ever heretofore had the bestowing of the wardships, which, communibus annis, may well be worth to him, his friends, followers, and servants, 1,000 marks sterl. a year. Howbeit that to the deputy it hath not been so very beneficial, by reason that not above five men of quality have died in his time, leaving their sons under age and unmarried. And when they fall sick they either marry their heirs, if they despair of recovery, or convey away their lands (at the instant) with such subtilities, as they carry away the whole estate, for the most part, from the King, or make the matter of little or no worth unto him upon whom it is bestowed, with vexation and suits in law.

(8.)--If the like course be held by the commissioners here as is lately set down in England, to make the best profit of the lands and marriage of the wards, it will much advance the King's profit. But in the meantime the Lo. Deputy and Council may write to the Lords in England to move the King that such as sue to alter their tenures in capite and to hold in socage, may not so easily obtain their suits as they have done.

(9.)--Upon the compositions of Munster and Conaught. For further redress in this behalf there shall be a new commission awarded forth (of survey) to find out the concealed lands which ought to bear composition and do not, which is a great quantity, as I have been lately informed.

(9.)--The composition of Munster is certain and fully paid, but it may generally be improved by a new commission, and particularly increased by repealing divers pretended freedoms, by draining the lands evicted from the undertakers under composition also.

But the composition of Conaught is uncertain, because it is payable only out of lands manured and bearing horn or corn; yet the King doth now lose 500l. a year under pretence of waste lands and suppressed freedoms. The remedy is to charge the collector, John Davys, who is collector by patent, with the entire sum payable upon his next year's accompts, and if he will be allowed for waste he must prove it.

(10.)--Upon the compositions of Upper Osserie and the King's County.

This shall be levied by the King's forces if they make not payment.

(10.)--These compositions are in charge, and ought to be levied as the composition of the pale, otherwise a troop of horse would be the best collectors.

(11.)--Upon compositions to be newly raised in the counties of Downe, Antrim, and Wicklowe.

We will see what rents are already paid to the King out of the two first counties, and thereupon take consideration of the composition or increase of rent, if it be thought fit to deal with those two counties, before the other counties of Ulster be dealt withal in the same or like kind. For that of Wicklowe, we will shortly try also what we shall be able to bring them unto. Antrim payeth already 370l. 16s. 6d. yearly, Downe 591l. 5s. 10d.

(11.)--It standeth with reason that Downe and Antrim should pay composition, although there are some English newly planted there; for they pay not so great rents, and hold not their lands upon so hard conditions as the English of the King's and Queen's counties, and yet these pay composition. For Wicklow, part of that county doth bear composition with the rest of the pale, the other part is to be settled according to the intent of the King's letters now brought over by Sir Hen. Harrington.

(12.)--Upon the lands lately resumed and escheated in the counties of Wexford and Longforde.

For that of Longford we must follow the directions we have received from the Lords, and for that of the Mourroughs, &c., we will raise it as high as we can, and bring it to charge within 12 months.

(12.)--For the lands in Wexford there is 400l. per ann. set down to be reserved when the survey is returned; the rent may be increased. The like course may be taken for the county of Longford.

(13.)--By reversions expectant upon leases and estates in tail to be granted to the tenants in fee farm.

The auditor is dealt with for effecting his part hereof, but for passing of these things we must have a special commission. In the meantime there is direction given for writing letters (upon receipt of the auditor's certificate) unto every lessee and donee in tail, to come and compound.

(13.)--The auditor is to search and give up the names of as many as hold such estates, that afterwards they may be written unto and drawn to a composition for the fee farm of their lands by Special Commissioners to be authorised in that behalf.

(14.)--By fines for sales of lands upon defective titles.

The orders in making the like compositions in England are to be observed here also in these cases as near as may be.

This mentioning of Tipper requires it to be recommended to the consideration of the Lords of the Council, whose directions we must attend. We have here a sufficient man for that employment, who, if he be not used directly for the King, will employ his knowledge for the benefit of particular persons first, though a great part thereof may afterwards redound to the King.

(14.)--If the Commissioners would agree upon plain rates, viz., how many years purchase should be paid for lands in charge, and how much for lands newly surveyed, the King could make a greater profit by this commission, and the subjects would depart many times better satisfied.

But for discovering of titles, it will never be done for the King's benefit, but for private ends, unless some man (like Typper in England) be countenanced by the State to undertake that business wholly, and to be rewarded after a certain rate out of the composition made for strengthening titles.

(15.)--By compounding for and reducing to a certainty the port corn and risings out to general hostings.

There is a rent certain paid by the Deputy and judges to whom it is assigned for the port corn, which may stand unless you will increase it, which will be very incommodious and heavy to the Deputy and State. But for the risings out the nobility and principal gentry shall be treated withal in due time about a composition.

(15.)--This may be done forthwith by special commission directed to some of the privy councillors and barons of the Exchequer, which commission may be executed within the pale before the next term.

(16.)--Rents to be put in charge for the waste lands improved by the undertakers of Munster since their patents.

The Vice-President is now again admonished to return that commission effectually.

(16.)--The Vice-President and other commissioners are now taking inquisitions touching those improvements and touching the breach of covenants and conditions contained in their letters patent, which commission will be returned before the next term.

(17.)--Chauntry lands and Templars' lands to be brought in charge.

The L. Chief Baron is to appoint the several escheators to inquire after the chauntry lands, and where they lie, or are to be found; or Waldron, or some such other person, is to be appointed to search and inquire, and, upon information, the occupiers are to be called before us to compound, for which we must have a commission. And if it be thought fit that we shall deal therein, then we pray the King to stay his hand from giving any grants thereof to private persons; and if there be any grants made, and not passed the seal, that the same may be stayed or revoked. The like for Templars' lands, if any be yet unpassed.

(17.)--Chauntry lands are not yet vested in the Crown by any Act of Parliament in this kingdom. There is an Act drawn to pass the next Parliament, yet, if in the meantime inquisitions were taken, the terre [Sic.] tenants would gladly compound for them with the King.

(18.)--Upon lands concealed or unjustly detained.

It is not to be doubted, but great quantities of lands besides those here mentioned are substracted and detained from the King; but seeing he hath given a commission to confirm the states of each particular subject within this kingdom, we must deal with them upon that commission without committing it over to others. But if they come not in and take new estates, a commission may be awarded.

What cannot be done by the Commissioners of Surrenders and Defective Titles we think fit not to deal in without further directions from the King or Lords of the Council, to whose considerations we recommend it.

(18.)--The King is immediate lord and proprietor of all Conaught by an ancient and just title, as being lineal heir to the Earl of Ulster, who was Lord of Conaught and Trime. The Burkes and other families, when that province and the greater part of Ireland besides was overrun by the Irish, became intruders upon the King's possessions; howbeit, since, their several possessions, for the most part, have been settled by the composition of Conaught, and, according to that settlement, they covenanted to take out letters patent, which the greater part of them have neglected, so as they hold their lands only by the indenture of the composition made between Sir John Perrott and them; they may be called in and drawn to give good fines for their letters patent, with increase of rent above the composition. To this end a commission may be forthwith awarded to the Vice-President of Conaught and others there.

A like commission may be awarded to inquire into the title of Mc I Brien Gonaghe and O'Mulrian, and other Irish septs in the counties of Limericque and Tipperarie, who have expelled the old English colonies planted there, whose heirs are not known, and so the lands have come to the Crown by common escheat. The O'Kenedies in Ormond, the inhabitants of Edoughe in the county of Kilkenny, and divers Irish septs in the county of Catherloghe, who have intruded upon the Duke of Norfolk's lands, are in the same case. All these may be called in to compound for their possessions, which may be surveyed and thereupon granted according to the surveys.

Besides, all grants taken from the Crown since 1 E. 2, till 10 H. 7, are resumed by Parliament. For these grants search shall be made among the Patent Rolls, which are but few in number here. The greatest part have been transported into England and remain in the Tower, where search may be likewise made, and thereupon the terre tenants may be called in to compound. This course will settle and confirm all the possessions of the kingdom, and bring no small profit to the King, though the terre tenants be used with favour, as it is fit they should be.

(19.)--Rents subtracted.

The King's Attorney is required to call Sir John FitzGerald to compound, or to show a sufficient discharge of so great a rent, which may serve for a precedent to further proceedings in causes of this nature.

(19.)--If the Clerk of the Pipe be commanded to search in the old Pipe Rolls he shall find many rents reserved upon ancient grants which are not now in charge. These being found may be written for, and the terre tenants brought in to show discharges, if they have any. As, for example, I have a record of the grant of K. E. 1., made to John FitzThomas, of the lands of Decies and Desmonde, which were the lands of Thomas FitzAnthonie, upon which grant 500 marks per an. are reserved. Sir John FitzGerald shall be called in to show cause why he should not be charged with a proportion of that sum. Besides, John Waldron hath a collection of divers old rents of the like nature which may be written for, and Waldron should have some allowance out of the arrears when they are brought in charge.

(20.)--First-fruits and 20th parts.

The L. Chancellor, Mr. Trer., the L. Chief Baron, Surveyor and Clerk of the First-fruits, shall be authorised to do this by commission.

(20.) -- There are divers bishoprics in Ulster which are not yet surveyed and taxed, so as they pay no first-fruits or twentieth part at all. A commission, therefore, may be awarded to the surveyor or clerk of the First-fruits and others, to survey and tax these bishoprics and other benefices within their dioceses; and thereupon, the bishops and the rest who have been invested and presented since the King came to the Crown, may be drawn to compound for their first-fruits and the arrears of their 20th parts.

(21.)--The fruits of benefices which have become void, till other incumbents be placed.

The L. Chancellor is required to direct forth commissions in this behalf to some fit commissioners to be discreetly chosen by him.

(21.)--By the statute 28 H. 8, c. 8., the King is to have the profits of all benefices during their vacancy. These profits are unjustly substracted from the King, and are to be restored. Commissions may forthwith issue to inquire what benefices have been void since he came to the Crown, and who have taken the profits during their vacancy, that they may be charged therewith; and that from henceforth the bishops may certify what churches or benefices become void; that the profits may be taken to the King's use.

(22.)--The temporalities of bishoprics during the vacancy.

The escheator is required to do his duty herein.

(22.)--The escheator ought to seize them into the King's hands and account for the profits until a custodiam be granted.

(23.)--The King's tenures which are suppressed to be revived.

The Second Remembrancer has direction and warrant given him to that effect.

(23.)--There have been more tenures revived since the King came to the Crown than during 100 years last past, and some benefit has grown to the King thereupon by fines and for liveries. There are many tenures yet suppressed which will be brought to light, if the Second Remembrancer may have access to the records for search of tenures in capite, to the end he may write for respite of homage.

(24.)--Copyholders within the four Manors.

Mr. Treasurer and the L. Chief Baron are required to sound what profit this course may bring to the King by conference with the Steward of the Manors, and directing him to do as they shall think best.

(24.)--The copyholders within the four manors would gladly be made freeholders, and will give a good composition for their enfranchisement.

IMPROVEMENTS of the CASUALTIES out of the King's Revenues Certain and Courts of Justice.

(1.) Out of the Revenues.

Fines for Leases.

The Commissioners are required to have especial care hereof, from time to time, when leases are granted.

If all leases be made fee farms, there will arise no more fines upon renewing of leases; but when lands shall escheat, the same may be first surveyed by commission, and thereupon the Commissioners may either lease the land for a good fine and a moderate rent, or reserve the rent on the higher survey.

Fines for Licenses of Alienations and for Pardons of Alienations.

This indulgence hath crept in, as we suppose, through the general poverty of the country; but now, seeing the King is thought to be prejudiced by that course, we require that from henceforth all pardons and licenses of alienations be passed in several patents, which the secretaries are to observe.

The King makes little benefit here by alienations of land held in capite, but if Commissioners were authorised to compound for these fines, as they do in the Alienation Office in England, a great benefit would arise to the King here as there doth in England. Besides, henceforth, pardons of alienation are not to be included in special liveries, for thereby the King loseth the fine for the pardon, and taketh only a fine for the liveries; besides, the benefit of the seal is lost too.

Fines for Liveries.

Of this the Commissioners are to have special regard, and the escheators are required to be before us, and to bring their patents with them the first Monday after Crõ. Aia& rtilde;um.

In regard every man doth sue out a special livery, greater fines may be taken than one year's value of the land. In this the Commissioners may be guided by the course holden in the Court of Wards in England, where they pay extraordinary many fines for special liveries. Besides, the escheators and feodaries are to be specially charged to find offices in every county where the heir hath lands, that the livery may be rated upon the extent of all his lands.

Reliefs.

The escheators of the four provinces to be called before us, and charged to perform their duties herein. They are to be here about it by day aforesaid.

So is the Second Remembrancer.

There is a great arrear due to the King for reliefs, as well by the undertakers of Munster as generally in all the kingdom, for the levying whereof all the escheators are to be commanded to take inquisitions after the death of everyone that holdeth of the King either in socage or by knight's service, which, being returned into the Exchequer, the Second Remembrancer is to issue forth process for the same.

Moiety of Forfeited Merchandises, and the Forfeited Bonds of Employment.

The L. Chief Baron and the Court of Exchequer are required to take bonds for the true account hereof, and to certify their opinions, and what they find, before the searcher's office be past the seal.

The searchers to be appointed in every port may be bound to accompt for the moiety of their seizures half-yearly in the Exchequer; and the customers bound to return the forfeited bonds into the Exchequer.

(2.) Casualties arising out of the Courts of Justice.

Profits of the Seal.

The benefit made upon the original writs is so small as not to amount unto above 4l. a year, and therefore hath been usually left unto the Lo. Chancellor's servant, as we are credibly informed.

The Chancery.

For every patent 20s. is paid and accompted for, but the sixpence that is paid for every original writ is not accompted for; whereas it ought to be paid to his Majesty's use, as I conceive.

Fines for Original Writs.

The said instructions were sent over in the 18 year of E. 4, and are remaining of record in Chancery; and the Clerk of the Hamper is admonished to observe that rule from henceforth.

The Clerk of the Hamper is to be commanded that he deliver no original writ before he hath received the fine set down in the instructions sent over in the time of K. Ed. 4, enrolled in the Chancery; and upon extents of statutes and recognizances, a fine is to be paid, as upon originals in debt.

Fines for Faculties and Dispensations.

Doctor Dun, Mr. of the Faculties, and the clerk of the same, are required to appear before us, to give satisfaction in this behalf, and to bring with them the book of rates.

The Clerk of the Faculties is to bring forth his book of rates, that it may appear whether it be made according to the statute, and to the end he may be charged upon his account for the King's part, he is to estreat every faculty and dispensation into the Exchequer.

Fines for Pardons.

No pardon to be granted (pardons, of course, excepted) without a fine; and this is required to be set down for an Act in the Council Book.

The ancient Pipe Rolls are full of accounts for fines of pardons. If, henceforth, the Lo. Deputy and Council do assess the fines, the Clerk of the Hamper is to account for the same.

Fines for Contempts and Forfeited Recognizances.

These are to be estreated into the Exchequer, to the end that the same may be levied to the King's use.

The Star Chamber.

Fines in the Star Chamber.

The clerk of the court is to repair unto the Lo. Deputy and Council, before or at the end of each term, within which the fines are imposed, to understand their pleasure touching the reducement of the fine, and when that is set down, he is forthwith to estreat it. And for bills preferred, they are not to be withdrawn without direction of the court, upon advice taken with the King's learned counsel, of the convenience thereof, who are now required to examine what bills have been withdrawn since the King's time without direction or allowance of the court.

The clerk of the court as soon as those fines are reduced to the lowest, is to estreat the same into the Exchequer. And to the end that more causes may be brought to censure, it were fit to be ordered, that such as prefer bills and afterwards cease to prosecute may be fined, and the fines levied to the King's use.

The Profit of the Seal.

It is to be inquired by what right the Chief Justice taketh the profits of the seal, which if it be not justifiable by grant or prescription, then the same may be demised for a yearly rent as in England.

The King's Bench.

This hath been farmed in former times, but now the Chief Justice doth take it to his own use. I know not by what warrant.

Fines upon Bills of Debt.

The judges shall be expressly required by warrant to look to this.

The judges may be required to stay proceedings in every action of debt, until the plaintif brings a certificate from the Clerk of the Hamper that he hath paid a fine, as if he had sued out an original. These certificates to be estreated into the Exchequer, to charge the Clerk of the Hamper upon his account.

Petty fines imposed by the Courts for Contempts.

The clerk of the Crown is to be charged herewith to account out of hand.

These are collected by the clerk of the Crown, who is ready to account; he hath now in his hands 40l. or thereabout.

Fines upon Sheriffs for not returning or ill returning of Writs.

The clerk is required to estreat them accordingly.

These the clerk of the Crown ought to estreat into the Exchequer at the end of every term.

Forfeited Recognizances.

This he is required to do also.

These are likewise to be estreated by the clerk of the Crown.

Felons Goods and Deodands.

The clerks of the Crown in each county, are required to certify the attainders into the King's Bench, and the clerk of the Crown in that court is to transmit them into the Exchequer, or the clerks of the Crown for the counties to transmit them immediately into the Exchequer, if that be thought to be the fittest course upon further conference to be had with the judges.

The clerk of the Crown is to send certioraris to the coroners to return their presentments into this court, which being estreated into the Exchequer, may charge the several sheriffs with the goods of the felons and the deodands. Besides, every attainder is to be certified into the Exchequer to the end that escheators or Special Commissioners may inquire what lands or goods the persons attainted had, &c.

The Court of Common Pleas.

The Profits of the Seal.

For this the like order is to be taken as for that of the King's Bench.

The Chief Justice converts the same to his own use. I know not by what warrant.

Post Fines.

The chirographer is required to estreat all the fines, whereupon the Court of Exchequer is to call for what is due unto the King.

All fines levied in this court are to be estreated into the Exchequer, to the end the post fines may be levied.

The King's Silver.

The chirographer is to make a book of the King's silver, and the puisne judge of the court to make a certificate unto the Exchequer, &c.

The chirographer is to account for the same, who receives it upon every fine levied in that court, viz., 6s. 8d. for every fine.

Outlaws Goods.

This is thought fit to be so carried by the judges of the said court also, and thereupon they are required from henceforth to do so.

The judges of this court are to take order that the exigents be returned, and that original writs be purchased before the capias do issue. And that they certify all outlawries into the Exchequer, to the end inquiries may be made of the outlaws goods.

Petite Fines for Contempts, Fines of Sheriffs, and Forfeited Recognizances.

The judges are required to take due care that this be effectually done from time to time.

These are to be estreated into the Exchequer at the end of every term.

The Court of Exchequer.

The Profit of the Seal.

The chancellor holds it here by custom and prescription, as they do in England.

The chancellor of the Exchequer doth take the same to his own use; by what warrant I know not.

Respite of Homage.

The chief remembrancer and all others that keep the records are required to permit the Second Remembrancer to have access to the said records for the King's service, from time to time, whensoever he shall request it.

The duty has been improved since the Second Remembrancer took care to levy the same, and it will be better improved if he may have access to the records to find out the tenures in capite.

Mesn Profits upon Seizures.

The escheated lands and wardships to be accounted for fully, but for other seizures the barons are to moderate them and to direct the sheriffs accordingly.

Many seizures are awarded by the court, but the sheriffs never account for the mesn profits. Therefore, henceforth, the barons are to charge the sheriffs therewith. Also the escheator, upon finding every office which doth entitle the King to the possession of any land, ought to seize the land and account for the mesn profits.

Profits upon Summons of the Pipe.

The clerk saith that this was never demanded or paid.

Twelvepence of the pound for non-payment of the rents on the days of payment. The Clerk of the Pipe may be charged to write for this duty till it be levied.

Nomine Poenæs upon Leases and Fee Farms.

The clerk of the pipe is required and authorised to search all the rolls and records in this behalf, and where he findeth that such reservations have been made, to write for the said nomine poenæs, as well as the rent in arrear. Provided always that he first acquaint the court with it before the process shall issue.

The Clerk of the Pipe may be charged to take a note of all leases and fee farms wherein nomine poenæs are to be found, and thereupon to write for the same, and for the arrears of the rents.

Fines, Amercements, and Forfeited Recognizances.

The fines and amercements may be set to farm, but for the forfeited recognizances, it is not fit to be left to the discretion of a subject as we conceive.

These are all levied by the sheriffs, but they account for a very small part of them. It were fit that this were put to farm for some few years to come.

Justices of Assize and Goal Delivery.

Fines, Amercements, Issues of Jurors, Forfeited Recognizances.

These casualties may be either put to farm, or estreated into the Exchequer, as all others of the same nature, or at least a duplicate thereof to be made. We will advise the best we may for the King's benefit in this.

These to be duly estreated into the Exchequer, and to be accompted for as well in Munster and Connaught, as in Leinster and Ulster. This is a principal part of the King's casual revenues, but it is almost lost by the abuse of clerks and sheriffs, yet every penny is levied of the subject. This may be likewise farmed for a few years.

The Lands and Goods of Felons and Traitors.

The justices of assize are to observe this course as being of special moment.

The Justices of Assize and goal delivery are to certify all attainders into the Exchequer, to the end Commissioners may go out to inquire what lands and goods the persons attainted had at the time of their treasons and felonies committed.

Admiralty Court.

Profits of that Court.

The L. Admiral shall be written unto to make a judge of that court here, who may settle this matter to the form in England.

There are ancient accounts in the Pipe Rolls made by the officers of the Admiralty.

Courts of Cities and Corporate Towns.

Royal Amercements and Fines not granted.

The clerks of the Crown are required to estreat those fines that are imposed by the presidents or judges in their circuits.

They are to estreat them into the Exchequer, where they may be levied to the King's use.

The Lands and Goods of Traitors.

The mayors and sheriffs of the corporation shall be forthwith written to certify this carefully from time to time.

They are also to certify all attainders of traitors and felons within their corporations, that inquiries may be made, ut supra.

Courts of the King's Four Manors.

Perquisites of Courts, Waifs, and Strays.

A special commission is to be directed to Mr. Treasurer, the L. Chief Baron, Mr. Secretary Cooke, Mr. Attorney, &c., to examine the state of these matters.

The steward of these manors to be called to account.

Escheator Clerk of the Market.

Fines, Amercements, and Issues of Jurors.

These are required to perform their duties herein exactly.

These officers are to make their estreats into the Exchequer duly of such fines and amercements. And the escheator is to account for all mesn profits upon seizures made by him.

Penal laws to be put in execution.

Referred to further consideration.

Some special informers to be countenanced by the State, specially to inform against recusants for hearing of masses, the forfeiture being for every time 200 marks.

Signed: Arthur Chichester, G. Carew, Th. Ridgeway, Jo. Denham, Jo. Davyes. Sept. 1611.

Endorsed.