<433r>

Reasons why the Bayliffe of Westminster, in vertue of That Deane & Chapters Grant, ought not to Claime the goods of Traytors and Felons, nor the Tooles Clippings & Seized upon Clippers and false Coiners.

1) His Grant in uncertaine and beyond the memory of Man and till it bee legally ascertained is but a kind of a prescription by which Traytors and Felons good cannot bee Claimed

[1]

2) Itt was never produced to the Kings Councell nor exhibited in any Court of Law & consequently his claime is not legally made

[2]

3) Hee claims tot tal et tant bona proditor as the last Abbot of Westminster, What the Abbot had, doth not appeare and lyes upon him to make out Iudicially before hee possess himself of such forfeitu{res}

4) Till this Grant bee produced and his Right legally made out, the king may bee prejudiced by his Seizeing of goods of Traytors and Felons before it bee Knowne whether his Grant warrants him in it or not

5) The Stature of the 5°. of Eliza. II. against Clipping (where there is a Salvo of their Rights to Lords of Manners) doth require the Grants by which they Claime to bee good and lawfull, which cannot bee knowne to such till they bee declared so by some Court of Law.

6) The goods and Tooles of Clippers, Clippings & fileings of money & all Clipt and counterfeit coyne, have in all former Times been seized and Secured by the Officers of the Mint only, And the Bayliffe of Westminster who had the same Grant and Right then, as hee hath now, never pretended to those seizures.

7) Their late and present Majesties have by Privy seale Authorized the Lord Treasurer or Comissioners of the Treasury for the Time being to take and receive all goods and forfeitures of Clippers & false Coyners, And you Lordshipps have accordingly by your Warrant upon such privy Seale deputed the Warden of the Mint to doe the same

8) The directing those small forfeitures from the Mint Takes away the means of defraying the expences and rewarding the labour of such as assist (sometimes whole nights & often to the hazard of your lives) in seizeing many desperate Criminalls, and discourage them from being ready to help upon sudden Occasions, & the imprisoning the Constables in the very Case by the Bayliffe of Westminster will have the same ill effect, since they acted in pursuance of their majesties Privy seale to your Lordships and of your Warrant thereupon to the Warden of the Mint

<433v>

9) The Warden of the Mint his Clerk has hitherto been at the trouble of Seizeing as well as prosecuteing such Criminalls, and defrayed the Charges of it, chiefly out of such clippings, Clipt money, Tooles &c. as were seized, and it were {hard} that the Bayliff of Westminster (who contributes nothing to the said Service) should run away with such small seizures as well as with all the Fines of Offenders about the Coine, which were never contested with him as being not mentioned within the Privy seale granted to your Lordships. These matters against his Equity for him to have an Equitable Construction upon such presumption of a Grant to have the Goods &c. And the King to bee at the Charge of Prosecution and presenting the mischief.

10) If the Bayliffe of Westminster has a right to Clippings & fileings of money, melted Silver &c. hee has also the same right to the Tooles used by Clippers and false Coiners, as Stamps, Coyning Presses edging Engines, Melting potts, &c. Which the Government hath allways endeavored to secure from all other hands, Than those of the Sworen Officers of the Mint

11) If the Bayliffe of Westminster obtaines these Seizeures Those of diverse other Libertys will pretend (as they do now) to the like, And either they must bee permitted to possess themselves of what doth not appeare to bee their Right, or your Lordshipps bee Continually Troubled with Complaints about it.

12) The Certificate now before you Lordships Signed by the Two Constables Batson and Bridgman being a true state of the case of Vdalls alias Rawlinsons melted Silver &c. Seized, is humbly desired may bee Read with this Memorial

Clippings &c. was made Treason by Statute long after the pretended Grants to the Abbot (vizt) in Queen Mary & Eliza. therefore will the Forfeitures by these Statutes run along with the former Grant, or belong they to the King, the Offences being made Treason since the Grants.

<434v>

Coppy of a Remonstance to the Lords of the Treasury about the Bayliffe of Westminster.

gl 91

[1] 2d. K. Ia. 1st.

[2] The abbot of Strata's, Marcella cases. Cook. p. 334

© 2019 The Newton Project

Professor Rob Iliffe
Director, AHRC Newton Papers Project

Scott Mandelbrote,
Fellow & Perne librarian, Peterhouse, Cambridge

Faculty of History, George Street, Oxford, OX1 2RL - newtonproject@history.ox.ac.uk

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