which whosoever liveth is accounted dead before God None questions the Kings Legal Power or who made him King but such as are of the Israelites kidney that questioned Moses who made him a Ruler and a Judge and caused him to fly his Country for doing a Brotherly Office The King is a wise Prince and a profest Protestant had he time to read the Case and Petitions of his meanest Subjects he would certainly do them speedy and cheap Justice It is his Misfortune as well as thine That he is busily imployed Circa Ardua negotia regni The Heathen Philosopher that could say We are not born for our selves but partly for our Country Condemns all Free-born and Naturalized Subjects especially such as are under the obligation of Oaths and Associations to be true to his Majesty and his Government that are not as serviceable as they may or can be Can any profest Protestant be ungrateful to His Majesty that calls to mind the many eminent Dangers both by Sea and Land to which his Majesties Sacred Person hath been so often exposed to secure Protestants from Arbitrary Power and Popery and sees how freely His Majesty leaves all things to be setled and done in Parliament for the common Interest of the Crown and People So that if we be not wanting to our selves we may be as happy as we can hope to be in this World and the next Therefore Reader I will offer to thee such things as I conceive necessary to be Communicated for the Service of my King and Country If any thing be disliked or not well approved on let thy Charity pardon me it being well intended and remember it was not the Widows Mite but her willing Mind to Contribute more made her Present acceptable Let not private Interest Favour or Affection sway thy Judgmeent read diligently and judge Impartially and give grains of Allowance to thy weak Brother who exhorts thee in the Apostles words Remember them that are in Bonds as bound with them and them that suffer Adversity as being thy self also in the Body In private Families should the Husband Command unreasonable things or the Wife despute her Husbands reasonable Jurisdiction or the Children their Parents or the Servants be Judges in their own Case what distraction would inevitably ensue in case Law and Equity were not Umpire Art thou compelled to take Oaths and Subscribe Associations thou art bound and thou must obey or suffer what the Law Inflicts for thy disobedience if thou discharge thy Oath and Duty and suffer any loss or damage for thy Obedience the Government is bound to make the repairation and to Protect thee If a Law be attended with Inconveniences which were not foreseen at the time of making and thou art prosecuted by force thereof the King can stop proceedings until the Parliament meet to Annul it or Amend what is therein Amiss Art thou Opressed by the neglect or Non Execution of any wholsome Law the King can Command the due Execution of it Hast thou Consumed thy Estate and contracted great Debts in discharge of Oath and Duty and dost thou want Subsistence for thy felf and Family and will not thy Creditors forbear troubling and restraining thee of thy Liberty and will not the Government relieve thee Commit thy Cause to God he is the relief of the Opressed and can make thy case known to the King as he did Mordecais to King Ahasuerus Doth any in Authority under His Majesty upon any Acount whatsoever opress thee His Majesties Propper Courts can Right thee Are the Judges thereof Parties concerned in point of Interest to favour thy Opressors and wrong thee or do the Judges or such as the King intrusts to do thee Justice deny or neglect to do their duty thou hast a just and wise King to apply unto whose Power and Prerogative is the most essential part of the Law It is saith a Learned Judge A Sanctuary for the opressed to fly unto a Fortress to the weak to retire unto and a Curb to the insolent So that thou mayest depend on Justice at His Majesties hands because His Majesty can do no wrong But the wisdom of the Law knows that His Majesty sees with others Eyes and hears with others Ears and acts with others Hands and that they may be gulty of abusing and wronging thee Therefore the Law inflicts severe Punishment on such in Authority under His Majesty as deceive His Majesty by ill Advice or do or suffer any thing to be done against the Honour and Interest of His Majesty and his People and His Majesty may when he thinks sit Sit in Person and see Justice done to any of his opressed or injured Subjects for His Majesty is Supream Chancellor of England and none is to depart his Courts without relief And had His Majesty time and leasure to make one or two Presidents of Persons exemplarily punished for breach of Oath and Duty it would ease His Majesty of much trouble and make His Majesties Reign Glorious Doth not the King understand the Laws and will not his Councel advise him right thou hast thy representatives in Parliament to make thy Case and Condition known to the King Are thy Friends to Justice out-voted by Parties intressed to favour thy Opressors and wrong thee Thou hast frequent Parliaments to apply unto Art thou affraid the People will chuse the same Members Every body knows that old Brooms being stumpy and stubborn will scratch and leave Filth Rubbish in Holes and Crevises where new Brooms being bushy and pliant will sweep clean However thou may do well to give thy Fellow Electors to understand That the Law allows not Parties interested to be either Judges or Jury-men and that under Sherffs are not allowed by Law to be in Office above a Year at a time because the Law presumes new Shereffs are not so Crafty as the old nor will be guilty of their Tricks and Fallacys And it may be believed that it is as requisite for none but indifferent Persons to have Votes in the High Court of Parliament as to have indifferent Judges and Jury-men in the Inferior Courts and that new Members to represent the People may be as necessary as new Sherriffs in every County let the People know the particulars of thy Case and how thou art Oppressed and by whom and for what and thou mayest happily prevail with them to chuse such to represent them and thee as live among them and do all the Neighbourly good Offices they can For the People of England are naturally Stout Generous and lovers of Justice and will do all things that may suit with the Honour and Interest of their King and Country and though Inhumane Wars Plots and Conspiraces have depraved their natural Tempers and Dispositions Yet in proces of time they will be reclaimed and thou mayest be successful Thou knowest that the unjust Judge in the Parable who neither feared God nor reverenced Man was wrought upon by the importunate Widow to do her
Justice Gutta Cavit Lapidem nonvi sed sepe Gadendo For the supply of good Men to serve the King in Church and State I humbly propose That none for the time to come may be admitted to Holy Orders until he hath taken his degree of Batchelour of Arts in one of the two Universities of Oxford or Cambridge That when a Bishoprick or Benefice is vacant the King or the Patron in whose gift the Benefice is may give notice to the Chancellour or Vice-Chancellour of the respective Universities of the Vacancy And the two Universities may in an Orderly and Regular way as they chuse Members to represent them in Parliament proceed to Elect in each University a fit Person to supply the Vacancy And the King or the Patron may divide by Lots which of the Persons so Elected and Recommended shall be Instituted and Induced to avoid disobliging any body because Lots causeth Contention to Cease and parteth-between the Mighty Prov. 8. ver 8. That all small Livings may be Augmented and made sufficient Maintanance and Subsistance for the Incumbent That all manner of great and small Tyths as soon as Benefices be vacant be sold to the best Advantage by fit Persons to be appointed by His Majesty in the vacancy for that purpose and that all Sums of Money raised by the Sale thereof be laid out in Land that the Incumbant may be free from looking after and gathring in the Tyths whereby all occasion of differences and disputes between Parsons and Parishioners upon Accompt of Tyths may be avoided That so much as may be adjudged requisite to be taken off or away from great Livings may be applyed to and for the Augmentation of small ones or that the Augmentation be made by a general Tax or that the first years Profits of Temporal Offices when they become void as well as the first Fruits of Spiritual Livings when vacant be made a Revenue and applyed to that use That no Person be permitted to hold or enjoy two Livings That the small Salleries of all Offices in Church and State may be Augmented Inlarged and made sufficient that the Officers need not be put to upon Shifts to pay themselves at the Nations Cost That all Discoverers of Officers Undue Practises and such as make proper and advantageous Proposals for the Redress of any Grievance sit to be remedied may be duly encouraged For as Secretaries and Spials of State are allowed to bring in Bills for their diligence in the Inquiry and Discoveries of new Occurrences and Secrets in Forreign Estates So if Encouragement be not given for home National Services you shall never be advertised of many things most worthy to be known Examples enough of this kind in all Flourishing States and Governments may be given to demonstrate the necessity and usefulness thereof That a Regestry may be kept of the Names of all Persons doing good and publick service and that the Poorest sort may according to their Services and Qualifications be advanced to Offices as they become void in the First place and the Richer sort to be provided for afterward in like manner That in case not any in the Registry be Qualified for the Office vold and if the Office be in the Kings Houshold Excise Customs or else where and not in any of his Majesties Courts of Law or Equity and if two or more be Competitors for it his Majesty may for his own ease appoint indifferent Persons to be Tryers and Examiners of the Petitioners Qualifications and if such Tryers find two or more equally Qualified for it the Preference may be divided by Lotts because 't is morally impossible otherwise to Gratifie one of such Petitioners without disobliging the rest And Persons disobliged are apt to be discontented and factious and if Partiality be not avoided in bestowing Offices as well as Benefices the Administration will be Male and Partial Ad Infinitum That upon the Vacancy of a Judge Attorney Soliciter General or other of the Kings Councel at Law the Inns of Court may in every of their Societies Elect one fit to succeed and his Majesty may order Lotts to determine who shall succed That when any Office in any of the Courts of Law or Equity fall void the Inns of Court and Chancery may in every of their respective Societies Elect a fit Person to supply the vacancy and Lotts may in like manner decide which of the Persons so elected shall Succeed the Officer Deceased or Removed That the Judges may have certain and sufficient Salleries setled as the (a) â—8 Edw. 3 St. 4.20 Edw. 3 Chap. Laws intended to support the dignity of their Places in Liew of all Contingent Fees Profits and Perquisites which now arise and increase as Suits and Proceedings multiply That Suitors may not waist and consume their Substance by Fob Bills Feigned Pleas Writs of Error and the like for delay or to Protract time which be expensive and troublesome to Plaintiffs and Defendants the Judges may be impowered to allow such time for the ease and benefit of Suitors as may be obtained by expensive Shifts Tricks and Falacies That no Person unable to pay or satisfy his Creditors their whole Debts may be kept in Prison unless every Creditor at whose Suit the Defendant is deteyned do pay every week the Sum of _____ to and for the Defendants Maintenance and Subsistance because Prisons destroy Debtors willing but unable to Pay their whole Debts and put them out of all Capacity to be serviceable to themselves and others whereby their Wives and Children become Burthensome to the Parishes they Live in As for the Debtors Real and Personal Estates they may be Subject and Lyable to be Seized and Distributed Equally among all the real Creditors But if a Debtor hath no Estate but what is imployed in his Calling Trade or in some Occupation or Lawful Course of Living and doth out of the Product thereof pay to his Creditors what he can reasonably spare over and above his own Wife and Childrens Necessary and Competent Subsistence Then the Creditors to take their Debts in proportion as the same can be raised And the Debtors Estate or Effects so Imployed to be exempted from all Seizures and Executions That the Attorney and Solliciter-General and every other of the Kings Councel at Law may be allowed certain and sufficient Sallarys to Plead and Maintain Actions populer Informations and Pleas of the Crown Gratis and may be Prohibited to Practice and take any Fee in Causes between Party and Party and may be set at work to Correct the Errors and Mistakes in our Law Books and Explain doubtful Points and expunge such things as too often misguide young Students to their Clyents great loss and damage That all Grants or Letters Pattents of Crown-Lands not already Confirmed by Act of Parliament may now be Confirmed because the same are dispersed and gotten into the hands of many Persons by mean Conveyances Statutes Judgments Extents c. and many of the Grantees and
Execution at a time when the People were much Dissatisfied and Discontented with Favorites Monopolizing old and Erecting new Offices of Profit whereupon his Majesty Issued out his Declaration to put a stop to all further Suit to be made to him for new Offices and Judgment was given against some that had Bought and Sold Offices to Lose both Mony and Office And had the Disposition of Offices been so Setled that it had not been in the power of Favourites to have over-ballanced the Administration with Ill Men Wards and their Estates had not been made a Prey to Ill Officers and Guardians which occasioned the Murder of his Son and the Exile of his Grand-children And had not the Favourites of King Charles the Second discontented the People by neglecting such as had Lost all by their Duty and Loyalty and over-ballanced the Administration with such as were glutted with the Spoil and Pillage of the Crown and People England might happily have Flourished in his Reign but the Jesuits you know are very Rich and Cunning and they the French King and the Devil their Master ever took care to disoblige such most as had done their King and Country the best Service because their Complaints lie heavy upon the Shoulders of the Government and Friends disobliged that will be Male-Contents and Disaffected are the worst of Enemies It would fill a Volume to particularize how and which way they divided our Councils in the late Reigns and sowed Strife and Debate among their late Majesties Houshold Servants and Favourites and set up one Party or Faction to pull down another and made one Party jealous of another and both of the King and the King of them and what Aid and Asistance was given to the Party or Faction that Debauched or Discontented the People most and Ripened them for Rebellion and how the Crown was Stript of its Ancient Regalia's and Inheritance and how the same were Sold by the Grantees and dispersed into many private hands that when the Crown stood most in need of Aids and Supplies there might be Squabbling about Acts of Resumption mis-spending the Publick-Treasure and what not Object Doth not this Popular way of Electing and makeing Clergy-men and Officers put the Staff of Government out of the King's hand Answ There is a Law already in Force against Abuses in Election of Schollars and Presentation to Benefices And you may remember His Majesty upon his acceptance of the Administtation desired the Parliament to Name Officers because his Majesty had knowledge of few Persons or their Services and his Majesty looked upon the Representatives of his People to be most knowing and impartial And undoubtedly had they Recommended they would not have neglected any that had done any Generous Service for the Crown and People You have seldom any Benefice or Office of Value becomes void but several be Competitors for it and every one prevails with some to be his Intercessor and it is Morally impossible to gratifie one but the rest will be apt to dis-rellish their disappointment Signall Service and Societies Electing and Recommending Persons and Lots deciding the Preferrence of the Persons Elected and Recomended will disoblige no body but a few private Patrons that would influence their younger Sons to be Parsons to give or procure them Benefices in Liew of their Portions and such as dispence with the Laws against Simony and Buying and Selling Officâ—s are but a handful of Men gratified to the vast numbers of His Majesty's Subjects will be indeared by a right disposition of Benefices and Offices This Method Proposed will certainly ease the King of much Trouble and leave no room for his Majesty's Enemies to blame His Majesty 'T is not Ordaining Naming or Making Officers but their Rewards or Punishments well placed wherein the Staff of Government rests And while His Majesty hath Full and Sole Power to Reward such Liberally as are found True and Trusty and to Remove and Punish such as are found False and Treacherous His Majesty may keep the Hearts of his People Firm and Fixt which Commands their Hands and Purses And such as Mis-behave themselves will then have no Parties or Factions of their own Making in Church or State to â—ly unto You know the People upon His Majesty's Access to the Crown were as Debauched as the Devil the Jesuits and the French King in the late Reigns could make them yet being true to their Common Interest and stedfastly believing His Majesty would be so they planted the Crown upon his Sacred Head and his Majesty hath most intirely followed the Advice and Counsels of his Parliament to the great Joy and Satisfaction of all good Protestants and never People gave greater demonstration of Love and Duty to a Prince than the People of these his Majesty's Realms and Dominions have done to his Majesty and long may their Mutual Love and Affection continue and increase are the hearty Desires of all that truly wish the Peace and Safety of Great Brittain and Ireland and other his Majesty's Dominions Object Are not many private Patrons and such as have or claim the Presentations of Benefices and Disposition of Offices Lords of Mannors and Men of Power and Interest to Influence Boroughs to Elect them And have not Burgesses equal Voices with Knights of Shires then how can these Proposals take effect An. The People know that the Commons of England in Parliament assembled are the Grand Inquest of the Nation and that their Laws express their Aversion to every thing that smells of Partiality or Private Interest and will any Man of Sense omit his Challenge of an Array or Pannel or not take Exception to any returned upon a Jury to give Verdict of a thing in Question concerns him And will Men of Understanding chuse such to represent them in Parliament as be Parties Interested to oppose any thing that is fit to be done for the Common Good and Benefit of the Crown and People You know the Advancement of such as signalize themselves by their Services will be without all doubt well liked by every body and such as are not signalized by Services cannot be Advanced but upon the Report of some body if of particular Persons their Report or Recommendation may be suspected to be Partial so that you may believe private Patrons and Office-Jobbers will not be able by all their Artifices to delude the generality of the People who heartily desire and wish that the Clergy were had in due Reverence and Esteem that none but Persons Worthy and Meet may be Advanced to Dignities Benefices and Offices and that such as have good Estates and Work enough to Husband and Manage the same well were not put into Offices of Profit to keep younger Sons of Parents well descended out of such Imployments as they are fitly Qualified for and have Time and Leisure to be more Serviceable in That all Loyal and Dutiful Services were Liberally Rewarded That all under any Oppression for discharge of Oath and Duty
who are intrusted with the Cure of a Sick State as it is with Physicians and their Patients The most Skilful Physicians cannot Cure Diseases before they know them If they give Physick at random they may as soon Kill as Cure and Physicians most visited with Patients have least time to inform themselves of the true State and Condition of their most distempered Patients and seeing most Diseases when discovered may easily be cured if Opportunities of taking proper Remedies be not slipt I did upon these Considerations set my self at work to publish the ensuing Treatise und what I have omitted therein I would willingly supply by this Preface Every Judicious Person knows that most Feuds and Discontents are fomented by Suits in Law Elections of Members to serve in Parliament and bestowing Benesices and Places of Trust and that when Disputes about any of them happen between Popular and Powerful Antagonists and the Decision be no other than Silencing the Parties worsted for the present it is but Healing the Wounds false and should the same Gangreen before discovered it may occasion the Dissecting of Members or Loss of Lives We have had two Miraculous Revolutions viz. The Restauration of King Charles the Second and the Coronation of King William the Third let us having abused the former make good use of the latter Every Tree is known by its Fruit May not such as obtain Benefices by Symony and their Benefactors be suspected to be in Confederacy with such as Dispence with the Laws against Buying and Selling Places of Trust and may not all the Confederates be suspected to be Supine and Negligent in all things but what makes for their own private Interest or Profit and will not such wink at Miscarriages or highten our Discontents and retard the Redress of their Brethrens Grievances If two or more be Competitors for a Benefice or an Office void and it be given to one least Deserving or hath least need will not the rest be disobliged especially such as be Impoverished with Loyal and Dutiful Services to the Publick and may not the Persons disobliged by Mistake impute the same to wrong Persons and Causes Are not such as abuse Regalia's holden of the Crown Petty Tyrants Were not all Benefices and Offices in the sole Gift of the Crown before divested thereof by Grant or Usurpation Do not such as abuse that Trust sell both Crown and People and make Religion Liberty and Property Stalking-horses for their Villainous Purposes Is not the right and due Administration of Justice all we have to depend on to preserve us from the Oppression of Home-Tyrants And what but the Propagation and Encouragement of the Fisheries will increase the numbers of fit Persons to be Sea-men and Marriners to Man our Ships that guard us from Forreign Tyrants And who Obstructs the Administration of Justice but such as Buy and Sell Benefices and Offices And who makes great Destruction of the young Fry and Brood of Fish and obstruct Navigation and hinder the Increase of fit Persons to be Sea-men and Marriners but such as under the Umbrage of Grants of Liberties for them their Tenants and Farmers to Fish in Royal and Navigable Rivers erect Piles Stakes Keddals Locks with strait Wires or Wands Weres Dams and Lett the same and little Cottages and small parcels of Land by such River-sides to Farm at excessive Rent and suffer their Tenants to Potch and Fish at unseasonable times and with unlawful Nets Engines and Devices And are not Salmon by their Destruction of Fish full of Spawn and feeding their Swine with the young Brood and Fry sold at 12 d. per Pound in some parts where it was sold for 1 d. and large Silver Eals at 6 d. or 8 d. per piece where the like was sold for 1 d. And will not a Lamprey-Pye now cost 3 l. or 3 l. 10 s. where it might have been had for 12 or 13 s. to the great Dissatisfaction of the Country-Gentlemen and the Oppression of the Poor to whom Fish plentiful and cheap was great Relief And are not some parts of Navigable Rivers so annoyed with Stakes Locks Dams Weres and the like that Vessels of 30 Tun cannot where Vessels of 100 Tun used to pass and repass And have not such Tenants and Farmers for the Lucre of Wrecks Murthered poor Sea-men and Marriners that were escaping to shoar And how many poor Fisher-men taken Fishing in places within the compass or space where Pretenders to Royalties claim any thing of Fishing have been so ill treated by Farmers Stewards or Agents to Vice-Admirals and Justices of Peace that the Fisher-men who took several Apprentices have been forced to betake themselves to other Imployments ever since their usage was so bad by such who ingrossed the most convenient places of Fishing in Royal and Navigable Rivers under the Umbrage of Grants of Free-Fisheries as aforesaid Certainly such Vice-Admirals and Justicâ—s of Peace as are Owners of Houses and Land near such Rivers who pretend to such Liberties cannot but know that all the Ground Soile and Fishery in Navigable Rivers (a) Bant Case or the Case of Royal Rivers Davis Rep. fol. 56. are the Inheritance of the Crown as well where the Water at usual Spring-Tides cover the Ground as where the Water runs and no Tides come for that reason the City of London enjoy the same in Thames as far as Stanes-bridge by Grants from the Crown and confirmed by Act of Parliament And do not private Rivers cease to be private when made Navigable at the Counties Charge by Act of Parliament And are not all Nusances in Private Rivers relating to the Publick and for preventing the Destruction of the young Brood and Fry of Fish to be redressed by the King or such as His Majesty intrusts where Lords of Royalties and Franchises are Remiss or Negligent And do not such as have only Free Liberty or License to Fish in Navigable Royal Rivers abuse their Liberty in case they hinder others Lawfully Authorized to Fish Doth not the Statute 21 Jacobi 1. Cap. 2. which limiteth the Crown not to Sue for Lands or Hereditaments concealed by the space of sixty years save its Rights to recover Franchises and Liberties holden by Usurpation or Wrong If a Subject grant leave to (b) Munj y and Brown's Case Inst fol. 165. another to dig in his Ground may he not dig himself or appoint others to dig also And is not the Inheritance of the Crown and its Royal Estate as well secured as any private Subject can pretend his own Estate or Property to be secured Are not all Vice-Admirals prohibited to meddle (c) 13 Rich. 2. Cap. 5. with any thing done within the Realm but what are done upon the Sea So that although Rivers be very broad and Salt near the Sea Yet are not all Offences and Trespasses done or committed in such Rivers properly determinable infra Corpus Comitatus where Vice-Admirals have nothing to do And Justices of Peace ought
the King of Labour not to deprive him of his Power and Prerogative * Inst 1. Part Fo. 119. 2 paâ—t â—â— 436. which is a most essential part of the Laws of England That Acts of Parliament wherein the King is not named a Inst 1. Part Fo 43. Cook 11 Rep. Mag. Coll. Câ—se shall not bart or take away the Kings right and that General words in Acts of Parliament Grants Use Custom or Prescription shall not devest the Crown of any thing originally and of right belonging to it That not any can prescribe to the Temperaltys of a Bishop â—â—st 2. Part Fo. 15. because they are incident to the Person of the King as Patron and Protector of the Church and b Ibid. 1â— Part Fo. 117. all Courts of Justice are the Kings as Administrator of Justice And Offices incident to his Administration being inseparably United and Annexed to the Imperial Crown cannot be severed from it c Hob. Rep. 261. but by special Grant or Act of Parliament d Idem 22â— 342 Because all the People of England have an Interest in the Rites of the Crown e Ibid. 347. Where the Crown hath a Right it cannot loose it and not any thing shall pass out of the Crown but by special Grant neither shall Officers Compact Defeat the Crown And not any inferiour Office was ever granted by name to any Minister or Judge because f I st 4. Paâ—t Fo. â—00 Hob. Râ—p â—55 by the Ancient Rule in Law not any is to enjoy two Offices and Rules in Law cannot be broken without doing abuse and deceit to the King and g 13. Edw. 1. Chap. 44. Judges are Charged upon Faith and Oath to Punish but if they in their own right grant Offices they are Punishable when their Officers offend and it 's against a Rule in Law for any to be Judge and Party Henry the 8th Granted the disposition of Fellons Goods to his Almoner Cook Rep. Alton woods Case and without reciting and revoking the same did grant divers Fellons Goods to one Hales and the Almoner disputed his right because the Stat. 6 Hen. 8. Cap. 15. Saith all after Grants not reciting and revoking the former shall be void yet the latter grant to Hales was Adjuged good against the Almoner because he was only a Minister in Trust for the King And great Officers are no other neither have they such express Grants of the disposition of Inferiour Offices as the Almoner had of Fellons Goods King Edward 1st Granted the Office of Master of the Rolls to one for life Inst 3. Part Fo. 95.96 9 Edw. 4 Fo. 6 7.18 Edw. 4. Fo. 7. Dyer 176 Hob. Rep. 153. and setled the disposition to be ever after in the gift of the Chancellour or Keeper of the Great Seal for the time being yet it was adjudged when the Office of the Master of the Rolls was void to be still in the Kings gift notwithstanding the settlement And many other Offices when their right of Granting was disputed were adjudged to be in the Kings Gift In Case the Judges had a right as they pretend it must necessarily terminate upon their own Death or Removal yet they presume to grant Estates in Offices to others for one two or more Lives which Grants are Illegal being against a Rule in Law that saith None shall transfer a greater Estate then he hath The Law ever looked upon the Injurious Acts of Persons in Office to be worse then Robbing on the High way Because a Theif can take but what thou carriest about thee but wresting the Law or executing it Partially may destroy Men and their Posterity All Laws are to be Expounded most Beneficially to make them answer their true End Plow Com. 563. Dyer 231.313 Brook 77. Inst 1 Part 381. Co. Rep. Alton woods Case Heydens Case for suppressing the Evils they intend to remedy and the Construction which the Judges make of the proviso in the Stat. 5 and 6 Edw. 6. Chap. 16. for them to sell in repugnant to the Laws against Buying and Selling Offices neither doth that proviso repeal the Stat. 12. Rich. 2. Cap. 2. So that the Judges can but do as they might have done that is to say for the Kings Ease or untill his Pleasure be signified to the contrary they may supply Offices void so that there be no failer for want of a propper and sit Person in the Execution of the Law And the Kings of England had no reason to trouble themselves with Offices upon the first Erection by reason they were few and small and of little value but now they are many and of great value and would raise a great Revenue without disobliging any body For when an Office is void and in the Kings gift any man will be glad of the Moity of the Profits to live on and to pay the other Moiety to the King for two Years and to have the whole after the Expiration thereof without paying any thing out of his own Pocket because then the Officer will not be put upon shifts to raise his Purchase-Money or reimburse himself as too many have been of Late years And if Persons that do good Service be released from paying their first years Profits the Obligation or Indearment will be greater Object In Case Offices be in the Kings Gift why should you propose the same to be Elective by Societys as aforesaid Answ I Propose none to be Elective by Societys but in Case where there is not a Person in the Registry of good Services Qualified for the Office void and that will make all his Majesty's Subjects strive to Excel each other in Dutiful and Loyal Services and qualifie themselves for good Offices and Imployments were Persons Qualifications written in their Foreheads there needed no Tryers or Examiners or any Report or Recommendation who are fit or unfit But seeing his Majesty desires nothing but to be well served and have his own and his Peoples business well and carefully done And Tryers and Examiners and Societies where Persons have not done any signal Service to recommend them may reasonably be believed to be more indifferent and impartial in their Reports and Recommendations than private Persons who may be suspected to make it their business for Money Brocage Favour or Affection to Procure Offices and seeing it is hard to distinguish Generous Noble Souls from such as are Mercinary and Sell their Prince's Favours It is as I conceive the Interest of a Prince to prevent Evils which may be secretly Transacted against the Honour and Interest of His Majesty and His People whose Interest being united cannot be severed for that Reason whenever a Private Interest comes in Competition with a Publick Benefit or Advantage Judgment is to be given Pro Communi utilitate Regis Populi Records shew that King James the 1st had not Reigned above Three Years before the most Horrible Gun-Powder-Treason Plot was Ripe and ready to be put in
like a Mountebank to Gull the World with insipid Drugs and Medicines of the Jesuits and French King 's Composing And search the Books and Files of his Receipts and Prescriptions and his Coffers and you will find who composed his Medicines and Lewis d'Ores good Store Object In case Symoniacal Parsons and Office-Jobbers be such Dangerous Enemies to the King and his People Were it not better to have a strict Scrutiny presently For 't is certain such as have purchased Benefices and Offices with the Jesuits or French King's Money will serve their Turns and such as have purchased with their own Money will be upon the Spurs to re-imburse themselves and both will act all for their own private Gain and Profit but as little as may be for the true Honour and Interest of their King and Country And the Proposals aforesaid are only for the time to come Now admit an Office of Trust should become void and a Worthy Good Man should succeed therein as proposed if the Majority of Men in Office be Good he may do a great deal of Good But in case the Majority be such as came in by Money Brocage Favour or Affection the Good will be but like a piece of New Cloth set upon an Old Garment or New Wine put into Old Bottles for the Bandittee of Office Jobbers will make all honest Men very uneasie who cannot wink at or dispense with such things as the Bandittee allow to be Good and Practicable Answ I suppose the Government hath paid a great deal for the Learning of the most Ignorant Persons in Office and if any of them do not understand their proper Work and Business at this time of day they deserve to be kick'd out of Imployment and the Cunning will give over all their Tricks and Fallacies when the Gift or Disposition of Offices is settled as proposed because they cannot make Friends or Parties with Offices in their Gift or Recommendation as they have done And such as have done Good Service are proposed to be taken Care of so that the future Settlement proposed will work a present Cure But would the Lords-Justices now in His Majesty's Absence please to appoint special Commissioners to Examine and Enquire into the Behaviour and Qualifications of such as be suspected to misbehave themselves or to be Ignorant of the Work and Business properly belonging to their Offices undoubtedly upon the Reports of indifferent Commissioners so appointed many and great Abuses would be discovered which the Government might think fit and necessary presently to redress Object Is it safe to have such Enquiry made at this time Answ I humbly Conceive That it would oblige and indear the Generality of His Majesty's Loving and Dutiful Subjects and none will be disobliged thereby or Discontented at it but Rotten or Gangreen'd Members or Branches which must either be Dissected or paired and scraped that their Rust and Canker may not Corrupt the whole Body or Mass of Government or hinder it to Thrive and Flourish Object Would not this be better for Committees of the Two Houses of Parliament Answ I humbly Conceive That His Majesty and His People are best served and pleased when Parliaments ring least of Grievances and the more Active Princes and Private Councils are to find out and redress Abuses in the Intervals of Parliament the less Work will Parliaments have when they meet and their Councils will be more Free and undisturbed And if the Commissioners appointed be not True and Trusty the King and His Privy Council or the Parliament will find out their Roguery for the Blot will be Hit some time or other and then Woe be to such if any there be who like the Chief Priests and Elders have abused the Ears of Government Now Reader I beg of thee to be like the Bee that Sucks her Honey where the Spider gathers her Poyson I know by woful Experience that the best things said and done may by Mercinary and ill Men be wrested to wrong Purposes I do assure thee if any so wrest what I have done or make ill Constructions thereof it is their own Fault not mine For I declare to thee in the Presence of Almighty God unto whom all Hearts be open all Desires known and from whom no Secrets are hid that I have no other End in publishing this to the World but to Communicate such things to all that truly Love and Honour His Majesty that they may improve my Talent for the Service of their King and Country Was I under no Obligation of Oaths Gratitude would oblige me to be as Serviceable as I may or can be to His Majesty But being under the Obligation of Old and New Oaths to do my King and Country the best Service I can in my Calling and Profession I hope none that reads this but will pardon my Infirmities Do thou but read the Petition which the Lords and Commons of England in Parliament Assembled 3 Car. 1. presented to King Charles the First and thou wilt find their Prayer in the Conclusion is That His Majesty would be Graciously Pleased for the further Comfort and Safety of his People to declare His Royal Will and Pleasure That all Officers and Ministers shall serve him according to the Laws and Statutes of this Realm as they tender the Honour of His Majesty and the Prosperity of this Kingdom And were His now Majesty so served there would be no Male-Contents or Parties or Factions in Court or Country Consequently Plots and Conspiracies would be at an end and in all Parts of His Majesty's Realms and Dominions the loud Acclamations of the People would be O King Live for Ever POSTSCRIPT UPON the Rumor and Report of a General Peace abroad I did add this Dear Countrymen to let you see what will Unite and Settle us in Peace at Home so that every Man may sit and enjoy himself under his own Vine free and undisturbed unless the Generality of Free-holders and Free-men will not consider their own Interest It is certainly a great Disparagement to Vertue and Learning it self That those very things which only make Men useful in the World should incline them to leave it This ought never to be allowed to Good Men unless the Bad had the same Moderation and were willing to follow them into the Wilderness For if the Good Content to get out of Publick Imployments and live retiredly and the Bad strive to get into Publick Places of Trust the Affairs of Mankind are like to be in so ill a Posture that even Good Men themselves will hardly be able to enjoy their very Retreats in Security What with humble Submission is more Injurious to the Government than such in Commissions of Peace as have the Fines and Forfeitures of Persons Convicted What hinders the Increase of Fishermen and sit Persons to be Sea-men and Marriners but Tenants and Farmers to Vice Admirals and Justices of Peace that under the Umbrage of Royalties of Fishing Potch and Fish and hinder such to follow the Trade of Fishing in Times of Peace as would be free to go to Sea and serve his Majesty in Times of War What puts Millers upon Grinding the Face of the Poor by extorting unreasonable Toll or Moulter of them But Lords of Royalties Letting their Mills to Farm at excessive Rent What makes Stewards of Leets remiss to remove Nusances But to have the same Presented over and over again What makes Stewards of Liberties and under Sheriffs Pack Juries and be remiss in their Turns or Leets or the chief Duties of their Offices But Dispensing with the Laws against Letting out their Bailywicks to Farm In short 23 Hen. 6. Cap. 10.27 Hen. 8. Cap. 24. What makes any in Office under the King Guilty of undue Practices But Patrons Parsons Judges and others by their Example Dispensing with the Laws against Symony and Buying and Selling Places of Trust Are not their Traditions Destructive to the Government Have Good Men ought but Good Laws and the due Execution thereof to keep Ill Men within the Circle of Obedience Are not Rewards the Golden Spur to Glory and all Noble Actions Do not Rewards and Punishments misplaced make a Weak and Tottering State Did not King Edward the Third 15 Edw. 3. as soon as he had opportunity make void several Laws to which his Consent was not Free but Dissembled to eschew some Eminent Dangers he foresaw might ensue by his denying the same at that time And was not the late Imposition of Waterborne Coals taken off when the Poor for want of Firing destroyed and burned their Neighbours Pales and Hedges And now having done my Duty in giving my Brethren to understand their Grievances and making Proposals for remedy hereof I hope they will not be Lazy or Indiscreet either in the Choise of sit Persons to represent them nor in soliciting them to have things done for the Common Interest of the Crown and People Remembring all Men are Mortal and nothing but their Works follow them to their Grave and after Death comes Judgment Vale. FINIS
A DIRECT ROAD TO Peace and Happiness IN Church and State ROM 13.1 Let every Soul be subject to the higher Power for there is no Power but of God The Powers that be are ordained of God JER 7. Verse 3 4 5 6 7. Thus saith the Lord of Hosts Amend your Ways and your Doings if you throughly execute Judgment between a Man and his Neighbour if you oppress not the Stranger the Fatherless and the Widdow and shed not innocent Blood in this Place neither walk after other Gods to your Hurt I will cause you to dwell in this Place LONDON Printed for the Author 1696. THE PREFACE I Will not trouble the Reader with the Arguments used either for or against my publishing the ensuing Treatise for in truth I suspect too many Persons resemble Apes making use of the Gats feet to save their own and as many more rather inclined to Revenge Injuries or Quarrelling with Persons for their Offices than to redress Crimes or their Brethrens Grievances and the Judgment of Friends or near Relations may be suspected to be Partial So that I hold it best to advise with none in matters of this nature but such as are of the Heathen Philosophers Opinion in this viz. That we are not born for our selves but partly for our Country And the Character which King Henry IV. in his last Speech to his Son gave of the People of England holds true That they are Wise Stout and True-hearted if Rich and Justly dealt with and Religiously governed But if Poor and Oppressed they will Rebel Their Wisdom is shewn by the Excellency of their Laws and Constitutions (a) Stat. de Prerogativa Regis 17 Edw. 1. 1 Hen. 4. Cap. 6. 1 Eliz. 1. for securing the Royal Estate and their own Liberties and Properties Time would fail me to shew what Provision is made that the Crown and People may be well served and how early after the Reformation the People restored (b) 27 Hen. 8. Cap. 24. the Ancient Rights Prerogative and Authorities of Justice to the Crown which were severed from it in Times of Popish Heresie and Usurpation that the Administration might be free and undisturbed with Rivals for the future And what care is taken for the Election (c) 31 Eliz. Cap. 6. of Schollars and to provide against Symony (d) 12 Rich. 2. Cap. 2.5 6 Edw. 6. Cap. 16. 2 Hen. 6. Cap. 10. and against Buying and Selling Offices that Benefices and Places of Trust may be given to none but Persons Worthy and Meet and not to any for Money Brocage Favour or Affection And how (e) 1 Eliz. Cap. 1. 5 Eliz. Cap. 1. 3 Jac. 1. Cap. 7. 7 Jac. 1. Cap. 6. 25 Car. 2. Cap. 2. 7 8 Will. 3. all in Military as well as Civil Imployments are obliged to take Oaths enjoyning them to be true to their Trust and that no Man shall be Judge or Jury-man in any Matter where his own Interest may incline him to be Partial or Unjust And how (f) 22 23 Car. 2. Cap. 22.4 5 Will. 3. Cont. 6 7 Will. 3. Forfeitures being setled are to be duly answered to for the Benefit of Discoverers and to Charitable Uses also to be a Revenue to the Crown for doing it felf and People (g) 13 Edw. 1. Cap. 50. Justice And what Liberty the Crown hath to supply all Defects in the Execution of the Laws to make them answer their true end Also to Reward and Pardon whom it thinks fit And how the King and all in Authority under him are obliged to punish none but as the Laws provide The People well knowing That when the Crown suffers great Loss and Damage by the Ignorance of the Unskillful or by the Neglects or Frauds or Perjuries of the most Knowing in Office it will occasion new Aids and Taxes to be laid on many And that the generality of Mankind love to be freed from Duties And that nothing more Discontents the People than when they see that it is not Persons with most Right but longest Purse or powerful Friends prevail or that even Right and Justice is not done to Poor and Rich without respect of Persons as (h) 20 Edw. 3. Cap. 1. the Laws provide We all know that wrong Doers will bandy to save themselves and Persons injured will seek redress and if they fail of their Ends the first by Design and the latter by Mistake may impute their Grievanies to wrong Persons and Causes and overthrow the Government which would set us all to Rights 'T is fresh in Memory That the Abuses put upon Wards and others by the Court of Wards and Star-Chamber occasioned the never to be forgotten Rebellion in 1641 which many thousand Persons and whole Families wofully experienced who were not Guilty of the said Abuses unless in being Remiss or Negligent to chuse worthy Persons to serve in Parliament or that the Persons Chosen did not timely Redress their Brethrens Grievances And the People of England who ever had the Reputation of Stout have in this Effeminate and degenerated Age signalized their Courage and Valour against the Common Enemy of Christendom England never had a King more resigned to the Common Interest of his Crown and People than His Majesty upon all Occasions hath declared himself to be And we never had more Pious and Learned Bishops nor more Knowing Privy Counsellors and Judges nor a Commonalty more freely left to their own Liberty to chuse their Representatives in Parliament to Redress their Grievances Nor more frequent Parliaments nor longer Sessions Yet Discontents and Divisions abound unmeasurably And from the Experience of a Grave and Learned Judge who tells us Preface of Judge Davy's Reports That the Law sees no Enormities but by the Watchful Eyes of Diligent Officers We may infer That we may Wander and Perish in the Wilderness of our Discontents if our Spy-alls be Negligent Ignorant Unskillful False and Treacherous One would think that the heavy Judgments which befel the false Spies and the Children of Israel by their evil Reports And the Reward of Caleb's Integrity should be a Warning to all now living to be True to their Trust I have been a Sorrowful Spectator for some Years of the Miseries my Native Country hath languished under by Divisions and Debaucheries in Opinion and Practice and the Hellish Contrivances of our Enemies And being under the Sacred Obligation of Oaths to serve His Majesty according to the Laws and Statutes of the Realm and taught as all Christians are That they best express their Duty when they be Serviceable Members as well of the State as of the Church And that they are not to put their Candle under a Bushel nor to hide their Talent in a Napkin but to communicate their Knowledge and Experience to their Brethren remembring them that are in Bonds as bound with them and them that suffer Adversity as being themselves also in Body and well knowing that it is with such
to know That Acts of Parliament wherein the King is not named (d) Inst fol. 43. shall not take away the King 's Right And (e) Dyer 225. â—oâ— Rep. 146. that Acts of Parliament impowering Justices of Peace to do what the King hath Right to do shall not bar or hinder the King to do it such Acts being intended to ease the King of Labour not to debar or deprive him of his Rights Power or Prerogative (f) Inst 1 part fol. 119.2 part fol. 4â—6 which is the most essential part of the Laws of England And it 's resolved (g) Bans Case or the Case of Royal Rivers Davis Rep. fol. 56. That the King may at this day appoint a Water-Bayliff of all or any his Royal Rivers And all Sages of the Law agree That His Majesty may Erect and Grant a Court of Record to hold Plea of what His Majesty 's other Courts hold Plea of and appoint reasonable Fees to support the same Yet Vice-Admirals and Justices of Peace near Severn dispute the King's Prerogative and the Water-Bayliffs Jurisdiction in that River which Office appears by Records in the Tower to be very Ancient But what may not some by Mistake and others in point of Interest be guilty of I have reason to believe that had not His Majesty's Predecessors granted the Inheritance of the Office of Water-Bayliff of Thames to the powerful City of London Usurpations Nusances and Trespasses had swarmed in that River as they do in other Royal Navigable Rivers What signifie our Laws declaring That (h) 13 14 Car. 2. Cap. 28. the Publick Honour Wealth and Safety of this Realm as well in the Maintenance and Support of Navigation as in many other respects depend on the Improvement and Encouragement of the Fishery And the many Laws in force for the Preservation of the young Brood and Fry of Fish And to hinder Royal and Navigable Rivers to be choaked up with Filth or annoyed with ought that may obstruct Navigation Nay indeed what signifie all our wholsome Laws to secure our Liberties and Properties if a stop be not put to such as recommend unfit Persons to Places of Trust I verily believe that such as dispence with Oaths and Laws and magnifie the Number and Power of their Parties by Trading with Benefices and Places of Trust as the Pope and his Priests Traffick with Pardons and Indulgences are Conscious to themselves That they are no true Subjects to the King of Great Britain And that they and their Parties are but a handful of Men compared with the vast Numbers of good Subjects grieved with their Frauds and Perjuries If ought I propose for a Cure of our Discontents be deficient I submit the same to be supplied by the Wisdom of the Government and because every Subject as a Member of the State is bound to serve the Head and 't is easier to add to an Invention than to find out how or which way to make the first Essay I have communicated my Proposals in a plain and familiar Language to my Country-men that the weakest Capacity may judge of them and propose his own which he thinks better having experienced what unlikely Persons have done Who would believe did not Records witness that a Soldier should invent Printing and a Monk Guns And I know that the King and the Lords-Justices being busily imploy'd about weighty Affairs want Leisure to read my Treatise However some Judicious Readers may happily agree with me and have opportunity to give His Majesty or the Lords-Justices to understand that a Registry of the Names of Persons doing Good Services orderly kept and rewarding them duly and the Reports or Recommendations of Societies for supplying Vacancies of Benefices and Offices where none in the Registry be fit for the same will make the Crown and People be well served And that if the same be not done or some other â—ay found out to avoid the Secret Intreagues which pass all Understanding between Judges and Officers and Obscure Persons who abuse Noble Persons and others that have the Disposition of Benefices and Places of Trust the Avenues of Justice will be stopt I had made Coin and Bullion part of the subject Matter of my ensuing Treatise but that the Lords-Justices issued out their Proclamation to supply the Defects of the Laws relating thereto by promising a Reward of a Moiety to Discoverers but it is to be feared there are so many secret ways of conveying Coin and Bullion out of the Realm in Packs of Cloth and Casks with Liquors and the like that unless Coin and Bullion be made more valuable here if but one Farthing in an Ounce than in any other part of the World the Exportation will hardly be prevented However I am glad to see the Government sensible of the Necessity of rewarding and encouraging Discoverers because they run unspeakable Hazards by discovering the undue Practices of ill Men who we know will both give and take Bribes and leave no Device or Trick untried to take away the Lives Estates and Reputation of Discoverers and to stifle their most true and faithful Discoveries and Proposals for that reason I had rather leave such Self-interested Ill-principled Persons to guess at my Name than know it by Subscription And seeing there is no Man living but what is envied by some and that a Prejudice entertained against a Person will hinder some Readers to profit by his Works upon that account also and by what King Solomon saw or experienced Eccl. 9. v. 13 to the end I hold it best to subscribe no Name VALE A Direct Road c. READER I foresee some will Object 1â— Rich â— Chap. â— 5 and 6 Eâ—â— 6. Chap. â—â— That 't is impossible to supply the Defects of the Laws for having Persons Worthy and Meet and none other advanced to Offices Therefore I determine thus That all things are to be held possible and performable which may be accomplished by some Persons though not by every one And which may be done by the United Labours of many tho not by one a part And in brief which may be finished by the Care and Charge of the Publick tho not by the Abilities and Industry of private Persons If for all this there be any would rather take to himself That of Solomon Dicit piger Leo est in via Than that of Virgil Possunt quia posse videntur It is enough for me if my Labours may be esteemed Votes or rather the better sort of Wishes For as it asks some Knowledge to demand a Question not impertinent so it requires some Understanding to make a Wish not absurd I wish all Men were true Protestants And that all His Majesties Free-born and Naturalized Subjects understood the Law which saith That their King is the Father of their Country The Fountain of Justice and the Patron and Protector of that Church which is endowed with universal Charity The very Bond of Peace and all Vertues without
Venders are unable in Case the same be restored to the Crown to repay the Purchase-Money or make or give any Satisfaction to the Purchasers thereof And the dread of Acts of Resumption makes the Possessors of such Land against their own Inclinations Chuse such to represent them in Parliament as be the Venders or their Heirs or interested to oppose Acts of Resumption And their Fears and Jealousies occasions Factions and Disturbance That Elections of Members to serve in Parliament may be so settled by Ballat or Boxes that Electors may not be known for whom they Vote or give their Voices because many chuse their Oppressors as the Indians Worship the Devil that they may not hurt them and the fewds and differences between Neighbours and near Relations upon accompt of Elections are wofully experienced in many places Object Many Persons have lost or may loose their Lives or Estates or both by doing good and Publick Services and their Widdows or Children may not be capable of Offices and the Government is so much in Debt that the King cannot reward them with Pensions Answ The King is so Just to his Parliaments That he will not give Pentions out of any Branch of his Revenue Appropriated to the War or to pay debts And if the Branches not Appropriated be not sufficiâ—nt to Reward Services the People will readily Pay any Tax or Imposition to Reward good Services Liberally because it is for the Honour and Interest of the Nation so to do Object Many Advowsons and Benefices are the Inheritance of private Patrons whose Right of Prescription cannot be taken away without invading their Property Answ Records are Living Witnesses Testifying That Lands Benefices and Offices were in the Gift and Disposition of the Crown when William the Conqueror obliged his true and faithful Friends and Servants therewith And we read not of any privy Conspiracy or Rebellion against any of his Successors until those Favours were bought and sold and Purchasers so abused both Crown and People That most Dependants on the Crown were under the slavery of Ill Officers and Guardians who Bought and Sold young Heirs being Wards and made few or none of them fit for the Service of their King or Country Private Patrons abusing their Trust occasioned Laws to be made against Simony and such as abused their Trust by Selling Offices under the King occasioned the Laws against buying and selling Offices and Places of Trust and ill Officers and Guardians oppressing Wards made Tenures and Services in Capite be turned into free and common Soccage And with humble submission all those Laws will be difficient until some way be found out that it may not be in the power of any in Authority under the King or by a derivative Power to make ill Ministers or Officers in Church or State Private Patrons can make no manner of Benefit of their Presentations without dispencing with the Laws against SIMONY And though such as influence their younger Sons to be Parsons and give or procure them Benifices in liew of their Portions may be winked at by such as are guilty of dispencing with the Laws against Buying and Selling places of Trust Yet the People of England who love Justice and the Laws that provide against any to be advanced to Offices of Trust for Money Brocage Favour or Affection certainly intended that the Trust for the cure of Souls should not be Committed to Sismaticks or such as will either Buy or Sell their Trust Object 'T is believed that the Judgâ—s and Officers who are Expositors and Executioners of the Law Buy and Sell Offices and Places of Trust And that others do the like by their Example Answ He that Buyes will Sell Mâ—gna Charta 5 Hen. 3. Chap. 29. but the Law provides That Justice shall not be Sold Delayed or Denied to any That a 2 Hen. 6. C. 10.12 Rich 2. Chap 2. not any Person shall be advanced to Offices for Money Brocage Favour or Affection but upon Merit That b 5 6. Edw. 6. Chap 16. he who sells an Office shall Forfeit his Estate therein and he that buys shall be disabled to hold it And c Peti ion of Rights Car. 1 Every person is Sworn to serve the King according to the Laws and Statutes of the Realm d 18 Edw. 3 S. â— 20 Edw. 3. Chap. 1. It is also adjudged Bribery for any in Judicial place to take Money Fee Gift or ought of value of any private person And e Inst 3 pâ—rt â—o 145.148 Vâ—â—ons Case Inst 1 Part Fo. 134. upon the Laws against one that sold an Office to lose his Estate therein and the Purchaser was adjudged disabled to hold it whereupon it was granted to a third-Person for life f 1 Hâ—n 4 C 6. Inst 1 Part Fo. 1. It is also provided That such Persons as challenge any Office or other thing of value by Grant without express Mention of the name and value shall he punished for Deceit And the Grants shall be void And not any inferiour Office by express name being mentioned in any Grant Commissions or Letters Patents to any of the Judges or great Officers they have not any Right or Title thereto Offices are Propper Rewards for good Services 1 Hen. 4 Ca. Inst 4 Part Fo. 56. It was therefore provided That such as had been Serviceable to the Publick shall be rewarded with Offices of the Kings Gift And Offices are incident to the Administration and Originally instituted to support it and the Administration is inseparably United and Anexed to the Crown Consequently Offices incident thereto are the Inheritance of the Crown and by force of the Stat. 5 and 6. Edw. 6 Chap. 16. The King may make a Revenue thereof The many Presidents upon Record shew That either former Kings understood their own Right to Grant Offices Vide the Patents upon Reco d in the Tâ—wâ—r and Râ—â—â—s Chappel or had knowing and honest Ministers for the Office of Prothonotary Register Clark of the Crown Incorporation of the Six Cleks Cursiters and others in Chancery The Custos Brevium Clerk of the Crown Chief Clerk or Prothonotary and others in the Kings-Bench The Custos Breveum Chyrographer Clerk of the Treasury and others in the Common-Pleas The Treasurer Remembrancer Clerk of the Pipe and others in the Exchequer were and most of them are now Granted and Enjoyed by Letters Patents Pari ratione His Majesty may Grant all other Offices of like nature and Tenure When any Minister under Colour of his Office Dyer 127. Challenged the right of Granting some of the said Offices and the dispute between them and the King about the Right came to be farely debated It was Adjudged for the Kng Hob Râ—â— 46. by reason such Acts of Parliament as Impowered the Ministers to do what the King had right to do shall not barr or take away the King 's Right But the same remain full and perfect because such Acts were intended to ease