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Moreover, some lands be more chargeable than others are, respecting either the tenure, as knight's service, and the tenure in chief, or in regard of defence against the sea and great rivers; as for their lying near to the borders of the realm, or because of great and continual purveyances that are made upon them, or such like.
1 E. 3., c. 12.
hambers do exceed the very content and true which no yearly rent is reserved; or to grant a quantity of the lands themselves; so in some reversion, or remainder, expectant upon a lease, counties they are not much acquainted with ad- or estate, that yieldeth no rent Sometimes the measurement by acre; and thereby, for the most land is given in mortgage only, with full inten. part, the writs of those shires and counties do tion to be redeemed within one year, six months, contain twice or thrice so many acres more than or a lesser time. Many assurances do also pass the land hath. In some places the lands do lie to godly and charitable uses alone; and it hapopen in common fields, and be not so valuable as peneth not seldom, that, to avoid the yearly oath, if they were enclosed; and not only in one and for averment of the continuance of some estate the same shire, but also within the selfsame lord- for life, which is eigne, and not subject to forship, parish, or hamlet, lands have their divers feiture, for the alienation that cometh after it, the degrees of value, through the diversity of their party will offer to sue a pardon uncompelled befertility or barrenness: wherein how great odds fore the time; in all which some mitigation of the and variety there is, he shall soonest find, that uttermost value may well and worthily be offered, will examine it by his own skill in whatsoever the rather for that the statute, 1 E. III. place that he knoweth best. c. 12, willeth, that in this service generally a reasonable fine shall be taken. Lastly, error, misclaim, and forget- Error and misfulness do now and then become suit- taking. ors for some remission of extreme rigour: for I have sundry times observed, that an assurance, being passed through for a competent fine, hath come back again by reason of some oversight, and the party hath voluntarily repassed it within a while after. Sometimes the attorney, or follower of the cause, unskilfully thrusteth into the writ, both the uttermost quantity, or more, of the land, and the full rent also that is given for it; or else setteth down an entierty, where but a moiety, a third or fourth part only was to be passed; or causeth a bargain and sale to be enrolled, when nothing passed thereby, because a fine had transferred the land before; or else enrolleth it within the six months; whereas, before the end of those months, the land was brought home to the first owner, by repayment of the money for which it was engaged. In which and many other like cases, the client will rather choose to give a moderate fine for the alienation so recharged, than to undertake a costly plea in the Exchequer, for reformation of that which was done amiss. I take it for a venial fault also to vouchsafe a pardon, after the rate and proportion of a license, to him that without fraud or evil mind hath slipped a term or two months, by forgetting to purchase his license.
And in some counties, as, namely, westward, their yearly rents, by which most commonly their value to her majesty is accounted, are not to this day improved at all, the landlords making no less gain by fines and incomes, than there is raised in other places by enhancement of rents.
The manner of
The manner and sorts of the conveythat assurance. ance of the land itself is likewise va- | riable, and therefore deserveth a diverse consideration and value for in a pardon one whole year's value, together with the mean rates thereof, is due to be paid; which ought therefore to be more favourably assessed, than where but a third part of one year's rent, as in a license or writ of entry, or where only a tenth part, as in a writ of covenant, is to be demanded.
A license also and a pardon are to pass the charges of the great seal, to the which the bargain and sale, the fine and recovery are not subject. Sometimes, upon one only alienation and change, the purchaser is to pass both license, fine, and recovery, and is for this multiplicity of payments more to be favoured, than he which bringeth but one single pay for all his assurance. Moreover, it is very often seen that the same land suffereth sundry transmutations of owners within one term, or other small compass of time; by which return much profit cometh to her majesty, though the party feel of some favour in that doing.
Much more could I say concerning this unblamable inequality of fines and rates; but as I meant only to give an essay thereof, so, not doubting but that this may stand, both for the satisfaction of such as be indifferent, and for the discharge of us that be put in trust with the service, wherein no doubt a good discretion and dexterity ought to be Neither is it of small moment in this used, I resort to the place where I left, affirming veyances. part, to behold to what end the convey- that there is in this employment of ours great use ances of land be delivered; seeing that some of good learning also, as well to distinguish the times it is only to establish the lands in the hands manifold sorts of tenures and estates; to make of the owner and his posterity, without any construction of grants, conveyances, and wills. alienation and change of possession to be made: and to sound the validity of inquisitions, liveries, sometimes a fine is levied only to make good a licenses, and pardons; as also to decipher the lease for years, or to pass an estate for life, upon manifold slights and subtleties that are daily
The end of con
offered to defraud her majesty in this her most an- the shipwreck of conscience, and with the irrec cient and due prerogative, and finally to handle many other matters, which this purpose will not permit me to recount at large.
Lastly, here is need, as I said, of integrity throughout the whole labour and practice, as with out the which both the former learning and discretion are no better than armata nequitia, and nothing else but detestable craft and double villainy. And now, as you have seen that these clerks want not their full task of labour during the time of the open term, so is there for them whereupon to be occupied in the vacation also.
For whereas alienations of lands, holden by the tenure of prerogative, be continually made, and that by many and divers ways, whereof all are not, at the first, to be found of record; and yet for the most part do come to be recorded in the end the clerks of this office do, in the time of the vacation, repair to the rolls and records, as well of the Chancery and King's Bench, as of the Common Pleas and Exchequer, whence they extract notes not only of inquisitions, common recoveries, and indentures of bargains and sales, that cannot but be of record, but also of such feoffments, exchanges, gifts by will, and indentures of covenants to raise uses of lands holden in chief, as are first made in the country without matter of record, and come at the length to be found by office or inquisition, that is of record; all which are digested into apt books, and are then sent to the remembrancer of the lord treasurer in the Exchequer, to the end that he may make and send out processes upon them, as he doth upon the extracts of the final concords of such lands, which the clerk of the fines doth convey unto him.
Thus it is plain, that this new order by many degrees excelleth the former usage; as also for the present advancement of her majesty's commodity, and for the future profit which must ensue by such discovery of tenures as were concealed before, by awakening of such as had taken a long sleep, and by reviving a great many that were more than half dead.
The fees or allowances, that are termly given to these deputies, receiver, and clerks, for recompense of these their pains, I do purposely pretermit; because they be not certain, but arbitrary, at the good pleasure of those honourable persons that have the dispensation of the same: howbeit, hitherto each deputy and the receiver hath received twenty pounds for his travel in each term, only the doctor hath not allowance of any sum in gross, but is altogether paid in petty fees, by the party or suitor; and the clerks are partly rewarded by that mean also, for their entries, discharges, and some other writings, besides that termly fee which they are allowed.
verable loss of their honesty and credit; and, therefore, since it appeareth which way each of these hath his reward, let us also examine that increase of benefit and gain, which is brought to her majesty by the invention of this office.
At the end of Hilary term, 1589, being the last open term of the lease of these profits granted to the late Earl of Leicester, which also was to expire at the feast of the Annunciation of the blessed Virgin Mary, 1590, then shortly to ensue; the officers above remembered thought it, for good causes, their duties to exhibit to the said right honourable the lord treasurer a special declaration of the yearly profits of these finances, paid into the hanaper during every of the six years before the beginning of the demise thereof made to that earl, conferred with the profits thereof that had been yearly taken during the last six years before the determination of the lease. By which it plainly appeared, that in all those first six years, next before the demise, there had been raised only 12,7987. 158. 7d. ob.; and in these last six years of the demise the full sum of 32,160l. 4s. 10d. qu.; and so in all 19,3627. 2s. 2d. ob. qu. more in these last, than in those former six years. But because it may be said, that all this increase redounded to the gain of the fermor only, I must add, that during all the time of the demise, he answered 3007. rent, of yearly increase, above all that profit of 2,1337. 2s. 7d. qu., which had been yearly and casually made in the sixteen years one with another next before: the which, in the time of fourteen years, for so long these profits have been demised by three several leases, did bring 4,200l. to her majesty's coffers. I say yearly; which may seem strange, that a casual and thereby uncertain profit should yearly be all one; but indeed such was the wondrous handling thereof, that the profit was yearly neither more nor less to her majesty, howsoever it might casually be more or less to him that did receive it. For the writs of covenant answered year by year 1,152. 16s. 8d., the licenses and pardons 9347. 3s. 11d. qu., and the mean rates 461. 2s.; in all 2,133l. 2s. 7d., qu., without increase or diminution.
Moreover, whereas her majesty did, after the death of the earl, buy of the countess, being his executrix, the remnant of the last term of three years in those profits, whereof there were only then six terms, that is, about one year and a half, to come, paying for it the sum of 3,000. her majesty did clearly gain by that bargain the sum of 1,1737. 158. 8d. ob. above the said 3,000l. above the rent of 3,6497. 13s. 10d. ob. qu. proportionably due for that time, and above all fees and other reprises. Neither hath the benefit of this increase to her majesty been contained within the bounds of this small office, but hath swelled over the banks thereof, and displayed itself apparently, as well in the hanaper, by the fees of the great seal.
which yielding 20s. 4d. towards her majesty for every license and pardon, was estimated to advantage her highness during those fourteen years, the sum of 3,7211. 6s. ob. qu. more than without that demise she was like to have found. As also in the court of wards and liveries, and in the Exchequer itself: where, by reason of the tenures in chief revived through the only labours of these officers, both the sums for respect of homage be increased, and the profits of wardships, primer seisins, ouster le maine, and liveries, cannot but be much advanced. And so her majesty's self hath, in this particular, gained the full sum of 8,736l. 5s. 5d. ob. qu., not comprising those profits in the Exchequer and court of wards, the very certainty whereof lieth not in the knowledge of these officers, nor accounting any part of that great benefit which the earl and his executrix have made by the demises: which, one year with another, during all the thirteen years and a half, I suppose to have been 2,2637. or thereabouts; and so in all about 27,1587. above all his costs and expenses. The which, albeit I do here report only for the justification of the service in this place; yet who cannot but see withal, how much the royal revenues might be advanced, if but the like good endeavours were showed for her majesty in the rest of her finances, as have been found in this office for the commodity of this one subject? The views of all which matter being presented to the most wise and princely consideration of her majesty, she was pleased to demise these profits and fines for other five years, to begin at the feast of the Annunciation, 1590, in the thirty-second year of her reign, for the yearly rent formerly reserved upon the leases of the earl; within the compass of which five years, expired at the Annunciation, 1595, there was advanced to her majesty's benefit, by this service, the whole sum of 13,0137. 14s. 1d. qu. beyond the ancient yearly revenues, which, before any lease, were usually made of these finances. To which, if there be added 5,700%. for the gain given to her majesty by the yearly receipt of 3007. in rent, from the first demise to the earl, until the time of his death, together with the sum of 1,1737. 15s. 8d. ob., clearly won in those six terms bought of the countess; then the whole commodity, from the first institution of this office, till the end of these last five years expired at the Annunciation, 1595, shall appear to be 19,8877. 9s. 9d. ob. qu. To the which sum also if 28,550l. 15s. 6d. ob. qu., which the earl and the countess levied hereby, be likewise adjoined, then the whole profit taken in these nineteen years, that is, from the first lease, to the end of the last, for her majesty, the earl, and the countess, will amount unto 48,4381. 5s. 4d. This labour hitherto thus luckily succeeding, the deputies in this office finding by daily proof, that it was wearisome to the subject to travel to divers places, and through sundry hands, for the pursu
ing of common recoveries, either not holden of her majesty at all, or but partly holden in chief; and not doubting to improve her majesty's revenue therein, and that without loss to any, either private person or public officer, if the same might be managed by them jointly with the rest whereof they had the charge; they found, by search in the hanaper, that the fruits of those writs of entry had not, one year with another, in the ten years next before, exceeded 4007. by the year. Whereupon they took hold of the occasion then present, for the renewing of the lease of the former profits; and moved the lord treasurer, and Sir John Fortescue, under treasurer and chancellor of the Exchequer, to join the same in one and the same demise, and to yield unto her majesty 5001. by year therefor; which is 1007. yearly of increase. The which desire being by them recommended to her majesty, it liked her forthwith to include the same, and all the former demised profits, within one entire lease, for seven years, to begin at the said feast of the Annunciation, 1597, under the yearly rent of 2,9337. 28. 7d. qu. Since which time hitherto, I mean to the end of Michaelmas term, 1598, not only the proportion of the said increased 1007., but almost of one other 100%. also, hath been answered to her majesty's coffers, for those recoveries so drawn into the demise now continuing.
Thus I have opened both the first plotting, the especial practice, and the consequent profit arising by these officers; and now if I should be demanded, whether this increase of profit were likely to stand without fall, or to be yet amended or made more? I would answer, that if some few things were provided, and some others prevented, it is probable enough in mine own opinion, that the profit should rather receive accession than decay.
The things that I wish to be provided are these. first, that by the diligence of these officers, assisted with such other as can bring good help thereunto, a general and careful collection be made of all the tenures in chief; and that the same be digested by way of alphabet into apt volumes, for every part, or shire, of the realm. Then that every office, or inquisition, that findeth any tenure in chief, shall express the true quantities of the lands so holden, even as in ancient time it was wont to be done by way of admeasurement, after the manner of a perfect extent or survey; whereby all the parts of the tenancy in chief may be wholly brought to light, howsoever in process of time it hath been, or shall be torn and dismembered. For prevention, I wish likewise, first, that some good means were devised for the restraint of making these inordinate and covinous leases of lands, holden in chief, for hundreds or thousands of years, now grown so bold, that they dare show themselves in fines, levied upon the open stage of the Common Pleas; by which one man taketh
many rich and fruitful branches spreadeth itself into the Chancery, Exchequer, and court of wards; so, if it be suffered to starve, by want of ablaqueation, and other good husbandry, not only this yearly fruit will much decrease from time to time, but also the whole body and boughs of that precious tree itself will fall into danger of decay and dying.
the full profit, and another beareth the empty name | root that doth maintain this silver stem, that by of tenancy, to the infinite deceit of her majesty in this part of her prerogative. Then, that no alienation of lands holden in chief should be available, touching the freehold or inheritance thereof, but only where it were made by matter of record, to be found in some of her majesty's treasuries; and, lastly, that a continual and watchful eye be had, as well upon these new founden traverses of tenure, which are not now tried per patriam, as the old manner was; as also upon all such pleas whereunto the confession of her majesty's said attorney-general is expected: so as the tenure of the prerogative be not prejudiced, either by the fraud of counsellors at the law, many of which do bend their wits to the overthrow thereof; or by the greediness of clerks and attorneys, that, to serve their own gain, do both impair the tenure, and therewithal grow more heavy to the client, in so costly pleading for discharge, than the very confession of the matter itself would prove unto him. I may yet hereunto add another thing, very meet not only to be prevented with all speed, but also to be punished with great severity: I mean that collusion set on foot lately, between some of her majesty's tenants in chief, and certain others that have had to do in her highness's grants of concealed lands: where, under a feigned concealment of the land itself, nothing else is sought but only to make a change of the tenure, which is reserved upon the grant of those concealments, into that tenure in chief: in which practice there is no less abuse of her majesty's great bounty, than loss and hindrance of her royal right. These things thus settled, the tenure in chief should be kept alive and nourished; the which, as it is the very
And now, to conclude therewith, I cannot see how it may justly be misliked, that her majesty should, in a reasonable and moderate manner, demand and take this sort of finance; which is not newly out and imposed, but is given and grown up with the first law itself, and which is evermore accompanied with some special benefit to the giver of the same: seeing that lightly no alienation is made, but either upon recompense in money, or land, or for marriage, or other good and profitable consideration that doth move it: yea, rather all good subjects and citizens ought not only to yield that gladly of themselves, but also to further it with other men; as knowing that the better this and such like ancient and settled revenues shall be answered and paid, the less need her majesty shall have to ask subsidies, fifteens, loans, and whatsoever extraordinary helps, that otherwise must of necessity be levied upon them. And for proof that it shall be more profitable to her majesty, to have every of the same to be managed by men of fidelity, that shall be waged by her own pay, than either to be letten out to the fermours benefits, or to be left at large to the booty and spoil of ravenous ministers, that have not their reward; let the experiment and success be in this one office, and persuade for all the rest. Laus Deo.
THE GREAT INSTAURATION
OF LORD BACON.
THE following is a TRANSLATION of the "Instauratio Magna," excepting the first book, the Treatise "De Augmentis Scientiarum."
BOOK II. NOVUM ORGANUM.
The first edition of this work was published in folio, in 1620, when Lord Bacon was chancellor. Editions in 12mo. were published in Holland in 1645, 1650, and 1660. An edition was published in 1779; "Wirceburgi, apud Jo. Jac. Stahel:" and an edition was published at Oxford in 1813. No assistance to this, or, as I am aware, to any part of Lord Bacon's works, has been rendered by the University of Cambridge.
Parts of the Novum Organum have, at different periods, been translated.
In Watts's translation, in 1640, of the Treatise De Augmentis, there is a translation of the Introductory Tract prefixed to the Novum Organum.
In the third edition of the Resuscitatio, published in 1671, there are three translated tracts from the Novum Organum, viz., 1. The Natural and Experimental History of the Form of Hot Things. 2. Of the several kinds of Motion or of the Active Virtue. 3. A Translation of the Parasceve, which is the beginning of the third part of the Instauration, but is annexed to the Novum Organum in the first edition. This translation of the Parasceve is by a well wisher to his lordship's writings. In the tenth edition of the Sylva Sylvarum, there is an abridged translation of the Novum OrgaThe following is a copy of the title page: The Novum Organum of Sir Francis Bacon, Baron of Verulam, Viscount St. Albans Epitomiz'd: for a clearer understanding of his Natural History. Translated and taken out of the Latine by M. D. B. D. London: Printed for Thomas Lee, at the Turk's-head in Fleet Street, 1676. As this tenth edition of the Sylva was published 1671, and Dr. Rawley died 1667, it must not, from any document now known, be ascribed to him. It is not noticed in the Baconiana published in 1679.
In 1733, Peter Shaw, M. D., published a translation of the Novum Organum.
Dr. Shaw, who was a great admirer of Lord Bacon, seems to have laboured under a diseased love of arrangement, by which he was induced to deviate from the order of the publications by Lord Bacon, and to adopt his own method. This may be seen in almost every part of his edition, but particularly in his edition of the Essays, and of the Novum Organum, which is divided and subdivided into sections, with a perplexing alteration, without an explanation of the numbers of the Aphorisms; this will appear at the conclusion of his first section, where he passes from section thirty-seven to section one.
His own account of his translation is as follows::-"The design of these volumes is to give a methodical English edition of his philosophical works, fitted for a commodious and ready perusal; somewhat in the same manner as the philosophical works of Mr. Boyle were, a few years since, fitted, in three quarto volumes.
"All the author's pieces, that were originally written in Latin, or by himself translated into Latin, are here new done from those originals; with care all along to collate his own English with the Latin, where the pieces were extant in both languages.