Sir Henry Neville 'A Collection of Some Graces (1614)'

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A Collection of such things as have bin by severall Men desired to be obtained of his Ma[jes]tie for the good of his people.

A lawe to be made for the declarac[i]o[n] of all Treasons

Hereby is not ment to alter the lawe, or to make any thing not to be treason that nowe is, but onely to declare what is treason, that every man may know it and avoid it, and not fall vppon a hidden rock, before he be aware, and that it may not be in the power of a iudge, by inference or a superinduced interpretac[i]on, to ruin a man and his posteritie /.

That it may be lawfull for the subiect to pleade not guiltie to an informac[i]on of intruc[i]on exhibited by the Kings Attorney, and in the mean tyme till the matter be tried to kepe possession

This can noe way preiudice the Kings iust title, for if he hath right, it must take place for all this pleading, and for the possession, chiefly it relieveth the subiects in sutes commenced against them in the Kings benche name vppon a surmese, where it standeth w[i]th great iustice to helpe them till the surmese be proved.

That noe man be forced to aunswere or traverse any office or Inquisico[n] found for the King out of any Court, Vntill there were notice first given to the p[ar]ties whom it concernes, and who ar to receave preiudice by it

The meaning of this is to prevent the secret findings of offices, w[i]thout calling them to it whom it concerneth, wherby many men ar infinetly Vexed and trobled whoe if they had bin called at the first, cold have shewed sufficient matter for their discharge, and this can noe way preiudice the King; but onely serveth to free the subiect from vniust Vexac[i]on

That the Kings graunts and his progenitors may be construed as com[m]on persons grauntes, and that all the Kings, and his progenetors Patents of landes or leases, not already ouerthrowen by Iudgment, may be confirmed

This is a matter of great grace, yet agreeing w[i]th the Rules of generall equitie and not like to preiudice his Ma[jes]tie much in profit, because all patents have bin al ready so narrowly sifted, that whatsoever have not bin alredy Impeached, may be well presumed to be w[i]thout desert.

That noe fees hensforth be paied in the Exchequ[e]r by Sherifes Escheto[rs] Collectors of subsidies, tenthes fiftenes or Aids vppon their Accompts and that a tyme may be limited to all officers respectively to whom it may belong, to receave their accompts, after they be tendred, and to give them a discharge, vppon a payne, seeing these men take pains in the Kings service w[i]thout any Reward.

This concerneth his Ma[jes]tie nothing at all, but only byndethe the Vnmeasurable covertousnes of the Exchequer men, who exact vppon the accomptants beyond all reason vnder color of expedic[i]on, and such other diveces /

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That noe man be forced to pleade any alienac[i]on in the Exchequ[e]r, for w[hi]ch he hath taken any {license} or p[ar]don, vnder the great seale but the Clarks of that Court to take notice, of that licens or p[ar]don being, of Record, at their p[er]ill, or at least vppon sight of the licens or p[ar]don, to forbeare, to troble him that hath sued them out.

This likewise concernes the King nothing at all, but only the officers of the Exchequ[e]r, who for their privat gaine inforce {men} to pleade, that w[hi]ch was of Record before, by w[hi]ch the King hath no benefit.

A liberall p[ar]don to be graunted by his Ma[jes]tie wherein these pointes following may be {included}, besides those contained in the last p[ar]don viz. All debts arising before the deathe of Q. Elizabeth, except such as ab are stalled, by a yearly paiment.

This is much in shewe, and every man will be glad to be secured, yet is nothing to the King to graunt, because the debts to the Crowne before that tyme have bin so narrowly sefted, as there is small probabilitie, that there remains anything vnlavied.

All alienacons vppon estates of inheretans, or estates for lief, before the last of Marche A[nn]o 9 of the Kings Ma[jes]tie/

There is noe great dowbt, but the Alienac[i]ons made before, and not compounded for, have bin by this tyme {discovered}, or if any have escaped, it is so litle, as is not considerable. And besides this is a thing, was alwayes vsed to be p[ar]doned till the xiijth yere of Q[ueen] Eliza[beth] when my Lo[rd] of Lecester had a purpose to farme the fines for alienac[i]on at a Rent, as I have bin informed /,

All concealed Wardes, whose Auncestors died, before the last of March A[nn]o of the Kings Ma[jes]tie and noe office found /,

It may be well presumed, that the diligens of Feodaries, and Eschetors, and the gredines of those that gaped after such sutes, have left nothing unsefted, and discovered in that kind, therfore it will be a matter of smale losse to the King to graunt, and may secure the subiect from much vexac[i]on, that wee knowe in com[m]on experiens they suffer vnder that pretens

All fines and amerciaments in any of the Kings Courts of Iustice, imposed before the last of September A[nn]o 9o of the King and yet not levied /

Those profits ar graunted away for the most p[ar]te, and the grauntees doe not vse to be slack, in the levyeng of them, therefore it may well pas in the Ranck of the former.

All Trespasses on forrests, parkes, Chases, concerning Vert and Venison.

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If it be exa[mine]d what profit the king hath made of the Iustice seates whi[ch] have bin holden sins his Raign, I thinck there will noe such benefit appeare, that the king shold be discouraged from graunting his grace to his people, w[hi]ch I confesse I have {inserted} the rather, b becaus the former doe all concerne Landed men of som wealth {onely}; and this may happely breede peace, and contentment to the poorer sort w[hi]ch must not be altogether neglected. These points I have collected, from the desires of severall men, som gent[lemen], some Lawyers, whoe if they have miscaried my iudgment in any point owt of the compas of my profession, I hope I shall be p[ar]doned: but for the triall of it, I humbly desire his Ma[jes]tie will be pleased, to call his learned Councell, Vppon a suddayn and examine them, what losse or damage certaine, or what preiudice they conceave it will be to his Ma[jes]tie to dep[ar]te w[i]th these things, and of what value they doe esteeme them: for surely wee ayme not to take from his Ma[jes]tie any matter of Value, but only some smale things, w[hi]ch may be abundantly recompenced in the gift he may expect from his people: and if it fall out otherwise in the p[ar]ticulars, wee ar mistaken in them. Besides these there were 8 other pointes offered by the Lordes in the Kings name, and delivered as I remember in writing, after the treaty of Contract was broken of. Viz.

That 60 years possession shold be sufficient to prescribe against the King

That noe lease of the Kings Landes shold be avoided for none paiment of the rent at the iust daye, but the penalty for default to be doble the rent

Respit of homage to be wholy taken awaye

Noe assart or drowned landes to be called in question

Noe imposic[i]ons Vppon Com[m]odities exported, or imported hensforth to be raised w[i]thout consent of the P[ar]liament

The statute to be repealed concerning the altering of the lawes of Wales

Obsolete and vnprofitable lawes to be repealed

Forfetures vppon penall lawes, to be torned into som other Kind of Correction

These I meddle not w[i]th because they were publicqely offered, and many thowsand copies dispersed of them, and therfore I shall neede to give noe reason for them, because they were free offers on his Ma[jes]ties p[ar]te of his abundant grace, Wherefore there is noe reason to be given but his own goodnes/.