







 
   
     
       
         Inter Robertum Williamson, quer' et Mr. Attorney General, deft. Upon a writ of error in Parliament The case of the plaintiff, one of the assigns of Sir Robert Vyner. For 60 l. per annum, and the arrears thereof, out of the hereditary revenue of excise.
         Dodd, Sam.
      
       
         
           1700
        
      
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             Inter Robertum Williamson, quer' et Mr. Attorney General, deft. Upon a writ of error in Parliament The case of the plaintiff, one of the assigns of Sir Robert Vyner. For 60 l. per annum, and the arrears thereof, out of the hereditary revenue of excise.
             Dodd, Sam.
             Williamson, Robert, one of the assigns of Sir R. Vyner.
             Viner, Robert, Sir, 1631-1688.
          
           1 sheet ([1] p.)
           
             s.n.,
             [London :
             1700?]
          
           
             Signed at end: Samuel Dodd.
             Imprint from Wing, which has publication date = [1699/1700].
             Reproduction of the original in the University of London.
          
        
      
    
     
       
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         eng
      
       
         
           Debts, Public -- England -- Early works to 1800.
        
      
    
     
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           Inter
           
             Robertum
             Williamson
             ,
          
           Quer
           ’
           
             Et
          
           Mr.
           
             Attorn
             ’
             General
             ,
          
           Def
           
           t.
           Upon
           a
           Writ
           of
           Error
           in
           Parliament
           .
           The
           CASE
           of
           the
           Plaintiff
           ,
           one
           of
           the
           Assigns
           of
           Sir
           
             Robert
             Vyner
             .
          
           For
           60
           
             l.
             per
             Annum
             ,
          
           and
           the
           Arrears
           thereof
           ,
           out
           of
           the
           Hereditary
           Revenue
           of
           Excise
           .
        
         
           
           SEveral
           Goldsmiths
           and
           others
           ,
           having
           lent
           and
           advanced
           great
           Sums
           of
           Money
           to
           the
           Crown
           ,
           upon
           the
           Credit
           of
           the
           
             Exchequer
             ,
          
           and
           by
           encouragement
           of
           an
           Act
           of
           Parliament
           ,
           for
           assigning
           Orders
           in
           the
           
             Exchequer
             ,
          
           without
           Revocation
           ,
           passed
           in
           the
           Year
           1667.
           for
           which
           Moneys
           so
           lent
           ,
           the
           Goldsmiths
           were
           Debtors
           to
           great
           numbers
           of
           his
           Majesty's
           Subjects
           ,
           and
           particularly
           Sir
           
             Robert
             Vyner
             ,
          
           one
           of
           the
           Goldsmiths
           was
           Debtor
           to
           the
           Plaintiff
           for
           Money
           really
           lent
           ,
           the
           Sum
           of
           1000
           
             l.
             
          
        
         
           
           And
           there
           having
           been
           in
           
             January
          
           1671.
           a
           stop
           put
           to
           the
           Payments
           in
           the
           
             Exchequer
             ,
          
           whereby
           the
           said
           Sir
           
             Robert
             Vyner
             ,
          
           and
           the
           rest
           of
           the
           Goldsmiths
           ,
           were
           rendred
           unable
           to
           pay
           their
           Creditors
           :
        
         
           
           His
           then
           Majesty
           ,
           King
           
             Charles
          
           the
           Second
           ,
           (
           in
           Justice
           and
           Compassion
           to
           the
           Goldsmiths
           and
           their
           Creditors
           ,
           and
           to
           remove
           the
           Miseries
           which
           attended
           the
           said
           Stop
           )
           was
           pleased
           to
           give
           directions
           in
           
             April
          
           1676
           ,
           to
           the
           then
           Lord
           High
           Treasurer
           ,
           to
           cause
           the
           Accounts
           of
           the
           said
           Goldsmiths
           to
           be
           truly
           examined
           ,
           and
           exactly
           stated
           ,
           which
           was
           accordingly
           done
           by
           the
           then
           Chancelor
           of
           the
           
             Exchequer
             ,
          
           Auditor
           of
           the
           Revenue
           ,
           and
           other
           proper
           officers
           of
           the
           Crown
           ,
           (
           most
           of
           them
           being
           then
           Members
           of
           the
           House
           of
           Commons
           ;
           )
           and
           a
           Report
           thereof
           being
           made
           to
           the
           King
           in
           Council
           ,
           in
           
             February
          
           1676.
           
        
         
           
           
           His
           then
           Majesty
           ,
           in
           and
           about
           
             April
          
           1677.
           by
           Letters
           Patents
           under
           the
           Great
           Seal
           of
           
             England
             ,
          
           did
           grant
           to
           each
           of
           the
           several
           Goldsmiths
           ,
           their
           Heirs
           and
           Assigns
           ,
           and
           for
           the
           benefit
           of
           their
           Creditors
           ,
           in
           lieu
           and
           satisfaction
           of
           the
           Moneys
           due
           to
           them
           from
           his
           said
           Majesty
           ,
           a
           yearly
           Rent
           or
           Sum
           for
           ever
           ,
           out
           of
           the
           Hereditary
           Revenue
           of
           Excise
           ,
           equal
           in
           value
           to
           the
           Interest
           of
           their
           respective
           Debts
           ,
           after
           the
           rate
           of
           Six
           Pounds
           
             per
             Cent.
             per
             Annum
             ,
          
           with
           a
           Clause
           of
           Redemption
           upon
           his
           Majesty's
           paying
           the
           Principal
           Money
           ,
           with
           the
           Arrears
           of
           Rent
           ;
           the
           said
           Rents
           ,
           or
           Annual
           Sums
           to
           be
           paid
           quarterly
           upon
           Tallies
           to
           be
           struck
           in
           the
           Receipt
           upon
           the
           Commissioners
           ,
           
             &c.
          
           of
           the
           Excise
           ;
           and
           directs
           and
           commands
           the
           Treasurer
           ,
           
             &c.
             
          
           Barons
           and
           Officers
           of
           the
           
             Exchequer
          
           of
           the
           King
           ,
           his
           Heirs
           and
           Successors
           ,
           that
           they
           do
           from
           time
           to
           time
           perform
           all
           Acts
           necessary
           ,
           for
           the
           constant
           Payment
           of
           the
           Money
           ;
           and
           from
           time
           to
           time
           to
           levy
           and
           strike
           Tallies
           without
           any
           further
           Warrant
           ;
           so
           that
           the
           yearly
           Sums
           may
           be
           constantly
           paid
           ,
           without
           any
           further
           or
           other
           Warrant
           to
           be
           sued
           for
           ,
           from
           the
           King
           ,
           his
           Heirs
           or
           Successors
           :
           And
           if
           the
           Money
           should
           happen
           to
           be
           paid
           into
           the
           Receipt
           of
           the
           
             Exchequer
             ,
          
           then
           that
           the
           High-Treasurer
           and
           Commissioners
           of
           the
           Treasury
           ,
           Under-Treasurer
           ,
           Chamberlains
           ,
           and
           Barons
           of
           the
           
             Exchequer
          
           for
           the
           time
           being
           ,
           and
           all
           other
           Officers
           and
           Ministers
           of
           the
           
             Exchequer
             ,
          
           and
           of
           the
           Receipt
           thereof
           ,
           are
           authorized
           and
           required
           to
           pay
           out
           of
           such
           Moneys
           as
           shall
           be
           so
           paid
           into
           the
           
             Exchequer
             ,
          
           or
           elsewhere
           ,
           so
           much
           as
           shall
           be
           in
           Arrear
           ,
           without
           any
           further
           ,
           or
           other
           Warrant
           ;
           and
           the
           said
           Payments
           to
           be
           preferred
           before
           any
           other
           Payment
           out
           of
           the
           same
           ,
           by
           vertue
           or
           colour
           of
           any
           Warrant
           ,
           Order
           or
           Directions
           whatsoever
           ,
           of
           any
           after-date
           ,
           excepting
           for
           the
           management
           of
           the
           said
           Revenue
           ,
           and
           about
           36209
           
             l.
          
           15
           
             s.
          
           4
           
             d.
          
           ½
           .
           a
           year
           to
           then
           Queen
           Consort
           ,
           and
           the
           Duke
           of
           
             York
             :
          
           Also
           his
           Majesty
           thereby
           granted
           ,
           that
           the
           Letters
           Patents
           should
           be
           expounded
           and
           taken
           most
           favourably
           and
           beneficially
           for
           the
           Grantees
           ;
           and
           covenanted
           to
           make
           further
           Assurance
           ,
           if
           required
           ;
           and
           on
           the
           23
           of
           
             May
             ,
          
           1677
           ,
           ordered
           in
           Council
           ,
           that
           the
           said
           Letters
           Patents
           should
           be
           printed
           ,
           and
           made
           publick
           ,
           for
           the
           information
           and
           satisfaction
           of
           the
           Creditors
           of
           the
           said
           Goldsmiths
           .
        
         
           Also
           the
           Right
           Honourable
           the
           House
           of
           Peers
           ,
           were
           pleased
           on
           the
           10
           
             th
          
           of
           
             July
             ,
          
           1678
           ,
           to
           pass
           a
           Bill
           for
           the
           confirming
           the
           said
           Letters
           Patents
           ;
           but
           that
           Session
           ended
           before
           the
           said
           Bill
           was
           read
           in
           the
           House
           of
           Commons
           .
        
         
           Whereupon
           many
           of
           the
           Creditors
           of
           the
           Goldsmiths
           (
           amongst
           others
           ,
           the
           Plaintiff
           Mr.
           
             Williamson
          
           )
           deliver'd
           up
           their
           Securities
           for
           their
           Debts
           to
           the
           Goldsmiths
           ,
           and
           the
           Plaintiff
           accepted
           of
           an
           Assignment
           from
           
             Vyner
             ,
          
           in
           lieu
           of
           his
           1000
           
             l.
          
           Debt
           ,
           pursuant
           to
           the
           said
           Letters
           Patents
           ,
           of
           a
           proportionable
           part
           of
           the
           Annual
           Sums
           so
           granted
           ;
           and
           which
           Sums
           were
           accordingly
           paid
           in
           the
           Reigns
           of
           King
           
             Charles
          
           the
           Second
           ,
           and
           the
           late
           King
           
             James
          
           the
           Second
           ,
           to
           
             Lady-day
          
           1683.
           
           
           And
           in
           regard
           no
           Tallies
           or
           Monies
           could
           afterwards
           be
           obtained
           ,
           upon
           due
           and
           repeated
           Application
           for
           that
           purpose
           ,
        
         
           
           The
           Plaintiff
           Mr.
           
             Williamson
             ,
          
           in
           
             Hillary
             Term
             ,
          
           1689
           ,
           did
           commence
           his
           Suit
           in
           the
           
             Exchequer
             ,
          
           by
           way
           of
           
             Monstrans
             de
             droit
             ,
          
           (
           as
           had
           formerly
           been
           very
           often
           practiced
           )
           thereby
           setting
           forth
           his
           Title
           as
           Assignee
           under
           Sir
           
             Robert
             Vyner
          
           to
           the
           said
           60
           
             l.
             per
             Annum
          
           (
           being
           his
           proportionable
           part
           of
           the
           said
           Annual
           Sum
           so
           granted
           by
           the
           said
           Letters
           Patents
           )
           and
           prayed
           that
           the
           Arrears
           thereof
           might
           be
           paid
           unto
           him
           ;
           and
           that
           the
           future
           growing
           Sums
           might
           also
           be
           paid
           according
           to
           the
           said
           Letters
           Patents
        
         
           
           Unto
           which
           Suit
           the
           then
           Attorney
           General
           (
           now
           Lord
           Chief
           Justice
           of
           the
           Common
           Pleas
           )
           had
           several
           Days
           and
           Terms
           given
           him
           to
           plead
           ,
           or
           demur
           ,
           as
           he
           should
           think
           best
           for
           the
           Crown
           ;
           and
           at
           last
           a
           Demur
           being
           by
           him
           put
           in
           thereunto
           ;
        
         
           
           The
           Cause
           had
           a
           long
           Agitation
           ,
           and
           was
           argued
           for
           about
           two
           years
           ,
           by
           the
           then
           Mr.
           Attorney
           ,
           Mr.
           Solicitor
           ,
           and
           others
           of
           the
           King's
           Council
           for
           the
           Crown
           ,
           and
           also
           by
           Council
           for
           the
           Plaintiff
           ,
           Mr.
           
             Williamson
          
           ;
           and
           the
           Court
           after
           long
           deliberation
           ,
           and
           view
           of
           the
           Precedents
           and
           Book
           Cases
           ,
           produced
           and
           cited
           on
           both
           sides
           ,
           in
           
             Hillary
             Term
             ,
          
           1691
           ,
           gave
           Judgment
           for
           the
           Plaintiff
           ,
           That
           the
           Letters
           Patents
           were
           good
           ,
           and
           bound
           the
           Revenue
           ;
           and
           that
           the
           Plaintiff
           ought
           to
           be
           paid
           the
           Arrears
           of
           the
           said
           60
           
             l.
             per
             Annum
             ,
          
           and
           the
           growing
           Duty
           for
           the
           future
           .
        
         
           Whereupon
           the
           then
           Attorney
           General
           on
           the
           behalf
           of
           His
           Majesty
           ,
           brought
           a
           Writ
           of
           Error
           ,
           Returnable
           before
           the
           then
           Commissioners
           of
           the
           Great
           Seal
           ,
           who
           thereupon
           Ordered
           all
           the
           Judges
           to
           be
           attended
           with
           Copies
           of
           the
           Proceedings
           ,
           and
           that
           they
           should
           give
           their
           Assistance
           at
           the
           Argument
           of
           the
           Cause
           :
           And
           after
           the
           Cause
           had
           been
           long
           and
           many
           times
           Argued
           by
           Council
           at
           the
           Bar
           ,
           at
           last
           the
           Judges
           Assistants
           ,
           severally
           and
           solemnly
           Argued
           the
           same
           ,
           and
           were
           all
           of
           Opinion
           ,
           (
           except
           the
           Lord
           Chief
           Justice
           of
           the
           Common
           Pleas
           )
           That
           the
           Letters
           Patents
           were
           good
           in
           Law
           ,
           and
           that
           the
           Plaintiff
           had
           a
           good
           Title
           ;
           and
           that
           the
           Judgment
           given
           in
           the
           Exchequer
           was
           good
           ,
           and
           ought
           to
           be
           affirmed
           ;
           And
           that
           the
           Plaintiff
           Mr.
           
             Williamson
          
           ought
           to
           be
           Paid
           his
           Arrears
           ,
           and
           the
           future
           Duty
           according
           to
           the
           said
           Letters
           Patents
           and
           Judgment
           .
           But
           the
           Lord
           Chief
           Justice
           of
           the
           Common
           Pleas
           was
           of
           opinion
           that
           although
           the
           Grant
           or
           Letters
           Patents
           were
           good
           in
           Law
           ,
           yet
           that
           the
           Plaintiff
           had
           not
           taken
           a
           proper
           Remedy
           ,
           and
           that
           the
           Court
           of
           Exchequer
           had
           no
           Jurisdiction
           in
           this
           Cause
           .
           And
           the
           Right
           Honourable
           the
           then
           Lord
           Keeper
           ,
           (
           now
           Lord
           Chancellor
           )
           having
           publickly
           Argued
           the
           said
           Cause
           ,
           and
           being
           of
           the
           same
           opinion
           ,
           as
           to
           the
           Jurisdiction
           of
           the
           Court
           ,
           
           for
           that
           and
           several
           other
           Reasons
           offered
           by
           his
           Lordship
           ,
           was
           pleased
           to
           Reverse
           the
           Judgment
           .
        
         
           Upon
           which
           Judgment
           of
           Reversal
           ,
           the
           Plaintiff
           Mr.
           
             Williamson
          
           hath
           brought
           this
           Writ
           of
           Error
           in
           the
           House
           of
           Lords
           ,
           and
           humbly
           hopes
           their
           Lordships
           will
           be
           pleas'd
           to
           Reverse
           the
           Judgment
           given
           by
           the
           Lord
           Chancellor
           ,
           and
           affirm
           the
           Judgment
           given
           for
           the
           Plaintiff
           in
           the
           Court
           of
           Exchequer
           .
           Considering
           ,
        
         
           
             I.
             That
             the
             Plaintiff
             is
             a
             Purchaser
             upon
             a
             full
             and
             valuable
             Consideration
             from
             Sir
             
               Robert
               Vyner
            
             the
             Patentee
             ,
             having
             delivered
             up
             the
             Security
             he
             had
             for
             his
             Debt
             ,
             and
             accepted
             the
             60
             
               l.
               per
               Annum
            
             in
             lieu
             thereof
             .
          
           
             II.
             That
             the
             Court
             of
             Exchequer
             (
             who
             are
             always
             exceeding
             careful
             of
             the
             Revenue
             ,
             and
             the
             King's
             Interest
             ,
             being
             more
             immediately
             bound
             thereunto
             by
             their
             Oaths
             ,
             then
             the
             rest
             of
             the
             Judges
             are
             )
             upon
             mature
             and
             great
             deliberation
             ,
             and
             search
             and
             view
             of
             many
             ancient
             Presidents
             ,
             did
             solemnly
             Adjudge
             and
             Declare
             the
             Law
             to
             be
             ,
             That
             the
             Letters
             Patents
             were
             good
             ,
             and
             that
             the
             Plaintiff
             had
             taken
             a
             proper
             Remedy
             ,
             and
             ought
             to
             be
             Paid
             his
             Annuity
             ,
             and
             the
             Arrears
             thereof
             .
          
           
             III.
             That
             all
             the
             Judges
             called
             to
             the
             Lord
             Chancellors
             Assistance
             (
             except
             the
             Lord
             Chief
             Justice
             of
             the
             Common
             Pleas
             )
             upon
             several
             Days
             solemn
             Arguments
             and
             Debate
             ,
             gave
             their
             opinions
             for
             the
             Plaintiff
             ,
             in
             affirmance
             of
             the
             Judgment
             in
             the
             Exchequer
             ;
             and
             that
             the
             said
             Letters
             Patents
             were
             good
             ,
             and
             ought
             to
             be
             complied
             with
             ,
             in
             Paying
             the
             said
             Annuity
             ;
             and
             that
             the
             Plaintiff
             had
             taken
             a
             proper
             Remedy
             to
             Recover
             the
             same
             .
          
           
             IV.
             Even
             the
             opinion
             of
             the
             Lord
             Chief
             Justice
             of
             the
             Common
             Pleas
             was
             ,
             (
             as
             is
             humbly
             conceived
             )
             that
             the
             Grant
             and
             Letters
             Patents
             were
             good
             ,
             and
             Conveyed
             a
             Legal
             Right
             and
             Title
             to
             the
             Patentee
             ,
             yet
             that
             this
             Right
             was
             without
             a
             Remedy
             ,
             for
             that
             the
             Court
             of
             Exchequer
             had
             no
             Power
             over
             the
             King's
             Money
             ,
             when
             it
             was
             brought
             into
             the
             Receipt
             ,
             their
             Power
             being
             over
             it
             ,
             as
             was
             Alledged
             ,
             
               in
               Transitu
               ,
            
             before
             Paid
             in
             ,
             and
             only
             to
             enforce
             the
             Payment
             thereof
             ;
             when
             as
             a
             Right
             and
             Title
             without
             a
             Remedy
             ,
             (
             and
             no
             other
             Legal
             Remedy
             was
             pretended
             to
             be
             pointed
             out
             to
             the
             Plaintiff
             )
             seems
             contrary
             to
             all
             Laws
             ,
             and
             to
             the
             Rules
             of
             Justice
             and
             Reason
             .
             And
             indeed
             it
             would
             be
             a
             hard
             thing
             to
             say
             that
             the
             Court
             of
             Exchequer
             can
             Relieve
             the
             King
             against
             the
             Subject
             ,
             and
             not
             Help
             and
             Relieve
             the
             Subject
             ,
             when
             he
             produces
             a
             Legal
             Title
             against
             the
             King.
             This
             hath
             not
             been
             the
             Practice
             of
             that
             Court
             ,
             for
             near
             the
             last
             200
             Years
             .
          
           
             V.
             The
             Objections
             so
             much
             insisted
             upon
             ,
             That
             the
             Lord
             Treasurer
             is
             Superior
             to
             the
             Barons
             ,
             and
             therefore
             not
             to
             be
             commanded
             by
             them
             ,
             to
             Pay
             Moneys
             ;
             And
             that
             in
             case
             the
             Barons
             can
             dispose
             of
             the
             King's
             Money
             ,
             it
             may
             weaken
             and
             prevent
             the
             Publick
             Security
             ,
             when
             the
             Necessities
             of
             the
             State
             require
             it
             to
             be
             otherwise
             Imployed
             ;
             are
             thus
             Answered
             ,
             That
             although
             the
             Lord
             Treasurer
             is
             a
             greater
             Person
             ,
             yet
             he
             and
             all
             the
             Subjects
             are
             inferior
             to
             the
             King's
             Courts
             .
             That
             the
             Barons
             send
             this
             Command
             ,
             as
             they
             are
             a
             Court
             of
             Justice
             ,
             and
             in
             the
             name
             of
             the
             King
             himself
             ;
             so
             that
             it
             is
             the
             King
             by
             His
             Writs
             ,
             and
             not
             the
             Barons
             ,
             that
             Command
             the
             Lord
             Treasurer
             in
             this
             Case
             :
             The
             Barons
             have
             no
             Power
             to
             dispose
             of
             the
             King's
             Money
             ,
             but
             where
             they
             have
             a
             Warrant
             under
             the
             Great
             or
             Privy
             Seal
             (
             as
             in
             this
             case
             by
             the
             Grant
             and
             Letters
             Patents
             they
             have
             )
             for
             the
             doing
             thereof
             ,
             so
             that
             the
             Court
             of
             Exchequer
             in
             this
             case
             ,
             only
             takes
             care
             that
             the
             King's
             Grant
             and
             Letters
             Patents
             be
             made
             effectual
             ,
             and
             that
             the
             Officers
             of
             the
             Crown
             do
             their
             Duties
             for
             that
             purpose
             ,
             as
             by
             the
             said
             Letters
             Patents
             they
             are
             enjoyned
             to
             do
             .
          
           
             VI.
             This
             Cause
             in
             consequence
             must
             affect
             all
             Persons
             Claiming
             under
             the
             Crown
             ,
             or
             having
             any
             Talleys
             or
             Orders
             upon
             or
             Payments
             out
             of
             the
             Exchequer
             ;
             for
             all
             those
             will
             be
             made
             much
             better
             or
             worse
             ,
             by
             the
             Judgment
             of
             the
             Lords
             in
             this
             Case
             .
          
        
         
           
             
               Wherefore
               the
               Plaintiff
               humbly
               Prays
               ,
               That
               the
               Judgment
               of
               the
               Reversal
               may
               be
               Reversed
               ;
               and
               that
               the
               Judgment
               of
               the
               Court
               of
               Exchequer
               may
               be
               Affirmed
               .
            
             Samuel
             Dodd
             .
          
        
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A45940-e10
           
             Letters
             Parents
             
          
        
      
    
  

