composition, which is commonly a trifle, and is the other ground of the smallness of the fine, it is no doubt taken with an equivocation as taking such a sum in name of a composition, and some greater matter by some indirect or collateral mean. Also, these fines, light as they be, are seldom answered and put in process. 2. An information goeth on to trial, and passeth for the king. In this case of recovery, the informer will be satisfied, and will take his whole moiety, for that he accounts to be nocomposition: that done, none will be at charge to return the" postea," and to procure judgment and execution for the king. For the informer hath that he sought for, the clerks will do nothing without fees paid, which there being no man to prosecute, there can be no man likewise 2. The officer is to follow for the king, that the "posteas" be returned. to pay; and so the king loseth his moiety, when his title appears by verdict. 3. It falleth out sometimes in informations of weight, and worthy to be prosecuted, the informer dieth, or falls to poverty, or his mouth is stopped, and yet so as no man can charge him with composition, and so the matter dieth. 4. There be sundry seizures made, in case where the laws give seizures, which are released by agreements underhand, and so money wrested from the subject, and no benefit to the king. All seizures once made ought not to be discharged, but by order of the court, and therefore some entry ought to be made of them. 3. The officer in such case is to inform the king's learned counsel, that they may prosecute if they think fit. 4. The officer is to take knowledge of such seizures, and to give information to the court concerning them. This is of more difficulty, because seizures are matter in fact, whereas suits are matter of record: and it may require more persons to be employed, as at the ports, where is much abuse. There be other points wherein the officer may be of good use, which may be comprehended in his grant or instructions, wherewith I will not now trouble your majesty, for I hold these to be the principal. Thus have I, according to your majesty's reference, certified my opinion of that part of Sir Stephen Proctor's projects, which concerneth penal laws: which I do wholly and most humbly submit to your majesty's high wisdom and judgment, wishing withal that some conference may be had by Mr. Chancellor and the barons and the rest of the learned counsel, to draw the service to a better perfection. And most specially that the travels therein taken may be considered and discerned of by the lord treasurer, whose care and capacity is such, as he doth always either find or choose that which is best for your majesty's service. The recompence unto the gentleman, it is not my part to presume to touch, otherwise than to put your majesty in remembrance of that proportion, which your majesty is pleased to give to others out of the profits they bring in, and perhaps with a great deal less labour and charge. ADVICE TO THE KING, TOUCHING MR. SUTTON'S ESTATE. MAY IT PLEASE YOUR MAJESTY, I FIND it a positive precept of the old law, that there should be no sacrifice without salt: the moral whereof, besides the ceremony, may be, that God is not pleased with the body of a good intention, except it be seasoned with that spiritual wisdom and judgment, as it be not easily subject to be corrupted and perverted: for salt, in the Scripture, is a figure both of wisdom and lasting. This cometh into my mind upon this act of Mr. Sutton, which seemeth to me as a sacrifice without salt; having the materials of a good intention, but not powdered with any such ordinances and institutions as may preserve the same from turning corrupt, or at least from becoming unsavory, and of little use. For though the choice of the feoffees be of the best, yet neither can they always live; and the very nature of the work itself, in the vast and unfit proportions thereof, being apt to provoke a misemployment; it is no diligence of theirs, except there be a digression from that model, that can excuse it from running the same way that gifts of like condition have heretofore done. For to design the Charterhouse, a building fit for a prince's habitation, for an hospital, is all one as if one should give in alms a rich embroidered cloak to a beggar. And certainly a man may see," tanquam quæ oculis cernuntur," that if such an edifice, with six thousand pounds revenue, be erected into one hospital, it will in small time degenerate to be made a preferment of some great person to be master, and he to take all the sweet, and the poor to be stinted, and take but the crumbs; as it comes to pass in divers hospitals of this realm, which have but the names of hospitals, and are only wealthy benefices in respect of the mastership; but the poor, which is the "propter quid," little relieved. And the like hath been the fortune of much of the alms of the Roman religion in their great foundations, which being begun in vain-glory and ostentation, have had their judgment upon them, to end in corruption and abuse. This meditation hath made me presume to write these few lines to your majesty; being no better than good wishes, which your majesty's great wisdom may make something or nothing of. Wherein I desire to be thus understood, that if this foundation, such as it is, be perfect and good in law, then I am too well acquainted with your majesty's disposition, to advise any course of power or profit that is not grounded upon a right: nay farther, if the defects be such as a court of equity may remedy and cure, then I wish that as St. Peter's shadow did cure diseases, so the very shadow of a good intention may cure defects of that nature. But if there be a right, and birth-right planted in the |