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A90208 The practice of the Exchequer court, with its severall offices and officers being a short narration of the power and duty of each single person in his severall place. Written at the request of the Lord Buckhurst, sometime Lord Treasurer of England. By Sr. T.F. Whereunto are added the rules and orders of proceedings by English bill. Osborne, Peter, 1521-1592.; Fanshawe, Thomas Fanshawe, Viscount, 1596-1665, attributed name. 1658 (1658) Wing O527; Thomason E1928_1; ESTC R8740 61,106 176

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every half year out of this their rough book a fair paper book of every of their said halfe years receits and from their rough books they do sort out in the same all Receits of Revenues together which be of payments only of ancient Revenue of the Exchequer and of the late Augmentation Court and not of any mony granted the Crown by Parliament Then next to the Revenue they sort in the same fair book all Receits of mony granted to the Crown by Act of Parliament or of Subsides of the late Subsidies of the Clergy the fifteens the yearly Tenths of the Clergy c. and title every of them after their Nature and as they fall out by the first and second payment and in this fair book every of them doth sum up very perfectly all the said severall kinds of Receits and doth totall up thereupon their whole years receit with the remainder in their hands of their last halfe years accounts before By which fair book every of them do make their count books they deliver half yearly to the Auditor of the receit to take their accounts which Counter books be of whole skins of parchment written on both sides and on the top of the first skin thereof is set as it were Comp. A. B. Term. Michaelis octave Regis Jacobi finium ad nonum incipiente tempore C. Domini Thesauri Angliae Then is there a great down right line and drawn in the midst of every the sayd skins on the left hand of every such line which receits and payments be never totalled up by the Tellers but are left to their auditors to do who casteth up the totall of their Receits with their sayd last half years Remainder so maketh their full charge and then doth he totall up their payments in the other side and in the end doth make clear remain of that half years accounts The Clerk of the Pelle IS called by the ancient Records as I learn Clericus Dm. Thesauri who keepeth the Pell in parchment called Pellis Recepti wherein he entreth every Tellers said parchment Bill with his name on it and writeth under every such parchment Bill that is entred Recordatur which first Entry as I learn now is made in a paper book and hath been begun but of late days to keep the Pelle fair and from razing as they say when men are forced a little to mend the Letter of their Tallyes but even before the first Entry of every Tellers Bill was made in the Pell it self in Parchment and done in open Court and so it is now afterwards ingrossed up by the sayd book at leisure He also in old time kept the parcell of issues in parchment which were called Pellis Exitus wherein was entred every dayes issuing of any of the sayd monyes and by whom what Warrant Privy seal or Bill it was payed which of late was received to be kept by him in the old Treasurers time and thought then very neecssary but now since as I learn it is layd down again as thought not so necessary the Receipt being ordered as it is at this day The Cutter of the Tallyes IS the Officer that provideth a seasoned and proportionable hasell for the Tallies and cutteth the same to fit length for the purpose and doth somewhat thwite every stick thereof into four square sides that they may be better cloven and written upon and he casteth them into the Court from time to time when any of them be called for and receiveth his fee of the party that sueth it out The Comptrollers of the Pell BE the two Chamberlains Clarks that should either of them keep a Controlment of the Pell and make forth in onp Court like entries of every Tellers bill into like Pells of Parchment as the Clark of the Pell doth and that Verbatim which now here be sometimes kept and sometimes not the sees thereof are so small and the Pell by processe of time is grown so great that no man would willingly Write the Controllment for the see They were wont also in ancient time either of them to keep a like controllment of the sayd Pell of Issues and to make both theirs Verbatim agreeing with the Pell of issues as afore kept by the Clark of the Pell which these many years was not kept by them The Auditor of the Receipt IS the Officer that taketh up straight every Tellers Bill after it is marked Recordatur by the Clark of the Pell and entred by the controllers of the Pell likewise and syleth it straight upon a fyle then h●s Clark called Scriptor Talliar contratalliaram for whom his Master hath a see writeth double upon every Tally the whole Letter of the Tellers that where it is cloven both the Tally and the stock thereof may have like Letter upon it being dry doth deliver the same second to the under Chamberlaines to cleave He the said Auditor doth enter all the said parchment bills again in a fair book that is to him as Pellis Recepti and by those same he doth see what monyes every Teller receiveth weekly and of whom and what every half year in his Michaelmas Receipt and his Pasch Receipt whereby he certifieth weekly to the Lord Treasurer and others as he is commanded how all the mony of the Receipt particularly is payd and received By which certificate it is seen and examined whether every of the Tellers Certificates weekly be true and justifiable He maketh now to every of the Tellers a Debentur before any of them can pay any mony out of the receit be it upon Fines Privy Seal or Warrants that they pay which is to be made and is very consideratly done that upon any restraint of payment given by the Lord Treasure or his order his Lordship may be sure to have his Majesties mony kept still undefrayed while the same be set again a● Liberty He receiveth every of the Tellers Counter books in parchment every half year and taketh every of their accounts by the same and causeth the Tellers to reform his Titles and divisions in them if they be not orderly and plain enough for their nature and then doth he cast up every of their said parchment bills of the half year their Counter book before and seeth the total of them after he casteth up the total of every of their Counter books to see if the totall of every of them doth agree with the total of their parchment bills and so doth make up fair the totall summ of every of their Counter books that be agreeable with their bills and they that have any error be rejected and examined while the same may be sound and made to agree with their half years Bills and thereupon are totalled up as the rest To which total he caseth every Tellers half years remain and maketh his whole charge and so allowing every of them their payments and deduc●… on s he maketh every of their cleere remaines upon their Counter bookes for that halfe year also
sums as hee will pay and charge himselfe with confessing so much due or received And to the other summs he will answer O. Ni. as confessing On●retur nist exoneretur and so the said Baron goeth on in this manner questioning and asking of every Sheriff what hee saith to every sum in his summons untill he hath gone through every one of them Hee informeth the Bench and the Kings learned Councill from time to time both in Court and out of Court what the course of Exchequer is and stayeth the rest of the Barons and the Kings learned Councill from ordering any thing they go about contrary to the sayd course for the preservation of the same and to save the Kings Prerogative and benefit which the course of the Court most commonly maintaineth and respecteth Hee taketh the declaration of the ingrossed accounts of the Receivors of the late augmentation of the Revenue of the counties of Yorke Receivers of Oxon and Berks Receivers of Buckingham and Bedford Hee likewise as the two other Barons examineth the Letters and casteth up the sums of such Sheriffs forraigne Accounts Collectors accounts of Subsidies and Fifteens as are brought unto him by any of the auditors of the Court and causeth his name and the auditors name that ingrosseth it to be set with additions of the auditors and Clericus as aforesayd He taketh the Bayles of all Sheriffs Bayliffs of Liberties and Escheators that keep not their dayes of prefixions but come into the Court by attachments which is nothing else but with sureties to be sworne to account and then assesseth the Fines of all such Bayliffes Pro libertate reprehendenda and of all such Escheators for their contempts which be very small and never above five shillings but rather under as twelve pence two shillings and three shillings foure pence And for the Sheriffs Fines in is ever five pounds a day for his four next dayes after his day of prefixion that he faileth to come and to be sworne to his account The two Chamberlaines HAve their place next in Court to the foure Barons and may sit and keepe their places dayly in Court if they like to attend and hearken to the causes of the Court without any intermedling therein But at the election of the Sheriffs yearely In Cr. Animarum they are ordinarily to be there and keepe still their place and may say their opinions for preferment or stay of men to be Sheriffs as the Barons and Justices do but other dealings in the Court of Exchequer at this day I know not that they have They have in old time had great authority in the Receit as I have heard say and have kept certaine keyes of the Treasury Coffers and were ever privy to the Pells of Receit and to the Pells of Exitus of the which each of them kept a controller as at this day they do of the pell of receits and no mony issued out of the Receit without their privity as is manifestly proved because at this day every privy seal for the payment of any mony out of the Receit is directed The saurarijs Camerarijs They have the charge of the Treasury with the Lord Treasurer and keepe the keyes thereof where all the ancient leagues betweene the Kings Progenitors and other Princes and States either do or should lye and where the booke of Dooms-day and the ancient Records and Pleas De Justiciarijs itinerant and De forest is and of diverse other matters do remaine into which Treasury neither they nor their Deputies can come with their keyes untill the auditors of the Receit come with the Lord Treasurers key to the same that remaineth in his keeping to my Lords use The Kings Attorney IS the speciall Officer of the Court that is made privy to all manner of pleas that be not ordinary and of course that rise upon the processe of the Court and to the Replications and Rejoynders growing upon the same on any of the Remembrancers sides He putteth into the Court of his owne name for the King all informations of concealments of Customes Subsides Seisures Receits and of Intrusions Wars Spoiles Incroachments and Anoyances done upon any of his Majesties Lands Tenements Woods Rents Rights and Hereditaments and upon any popular Actions penall Statutes Forfeitures or breach of Covenants The Kings Remembrancer THE Kings Remembrancer of the Exchequer who at certaine dayes prefixed in the Terme calleth to account in open Court by his booke yearly made and commonly called Statutus magnorum computantium c. all the great accountants as the Cofferer the Master of the Wardrobe the Master of the Horses the Keeper of the Scudry the Master of the Revells the Clarke of the Hamper the Butler of England the Treasurer of the Mynt the Lieftenant of the Tower the Constable of the Tower the Lieftnant of the Ordnance the Receiver of the Ships the Victualler of the Ships the Master of the worke and such like and by the same booke should call the Vulgars to account that are now reduced to a fee farme certain by my Lord Treasurers Bill made therefore to them for one and twenty years or more and so they answer yearly their fee farm in the Pipe And by the same booke he calleth as before at dayes prefixed all searchers Ad respondendum Domino Regi medietatem omnium foris fact urarum in Officio suo contingent c. And all collectors of Customes and Subsidies Ad computandum which book of States hath all the sayd Officers christen names and surnames with the addition of their Offices that be full and given and being not given nor full nor account at this day it hath only the Office name in the same He inrolleth and after writeth out the same according to the course of the court against all the sayd accountants that come not in at their dayes prefixed and account for their sayd Office except such as be not now accountants before the sayd Barons He calleth to account in open court by his like booke called the States of the collectors of Subsidies and Fifteens all manner of high collectors thereof granted by Act of parliament in every shire city Burrough Towne corporate and place whatsoever through England as they are appointed and certified by the commissioners every where for the assessing and levying of them and according to their dayes of payment appointed them by the Statute He inrolleth and maketh out processe against such of the sayd Collectors for their Bodies Goods and Tenements that come not in to account and pay their mony according to the grants of the same He taketh Recognizances to the Princes use before the Barons in open Court or out of Court before some one of them of all such persons for most causes with sureties and seldome without sureties as by occasion of any of the premises or from time to time for any debt day of Appearance or other commandement of Court are forced to be bound any manner of way He upon the
Terme while hee come in and plead as aforesayd He admitteth any such person that hath any such Land whereof the Tenant is returned Mortuns est or Nihil habet before the Dic. Tenement goeth forth thereof with a Nec non ad ostendend upon the sayd return to come into his Office and inroll there his licence or pardon of Alienation of the same Land and to shew his conveyance thereof and likewise to enroll his Livery speciall generall the Ousterlemain or after the course of the Chancery and upon the same enrollment and shew he doth admit such person to do his fealty and to pay his Fine upon a Writ made from the sayd enrollment and shew of his evidences to agree therewith without any manner of pleading because all such Writs be like the first writts inrolled from the originall and written out as aforesaid against the first tennant onely of the land by good matter of Record He upon all pleas put into his Office where the Kings Attorney may make an Averrment contrary to the plea of the partie and where the partie pleadeth anie forraigne matter then is of record in that Court and allowed of or would discharge any Claim title or Interest of the King by the same plea save in the said ordinarie Writts for fealtie and Homage sealtie and such like doth by himselfe or some Clerk of his make the Kings Attorney ever privy to all such pleas their replications and rejoynders who doth respect them and consider them and at length either doth confesse them or referreth them or giveth his Warrant out under his hand to have them tryed in the Countrie at the Assizes of Nisi prius He according to the Ancient order of the Court upon all other ordinarie Pleas examined by him with one of the Clerks of his office concerning Writts of service and such like doth enter Judgment alone without making the kings Attorney or the Court privie thereto which ever in this wise were dispatched as agreeable to the President of the Court. He either upon the first writ from the originall or upon the writts written from the said Pleas or upon distresses from the Streat of the fines of the Commission pleas or from writts upon such like records in his office doth set over persons fines for respit of Homage payable every fifth Terme according to a rate given him by the Court at his first comeing into his office whereof a record was then made and is as followeth the Fines for respit of Homage every fift Terme of lands and Tenements s Three pounds per Annum downwards 0 4 Five pounds per Annum downwards 0 8 Sixe pounds thirteene shillings four pence per annum downwards 1 0 Ten pounds per annum downwards 1 8 Eighteene pounds per annum downwards 2 0 Twenty pounds per annum downwards 3 4 Thirty pounds per annum downwards 5 0 Forty pounds per annum downwards 6 8 Sixty pounds per annum downwards 10 0 And noe such fines are set higher but upon Noblemen which according to the greatness or meanesse of their lands are set some at thirteen shillings fourpence some at twentie shillings some twentiesix shillings eight pence some at thirtie shillings and some at forte shillings to be payed every fifth Terme and none above nor so high but for Dukes He hath set downe in his Book called nomina Vic. by the Clerk of the Pipe every yeare the debts of all Sheriffs Bayliffs of liberties and men of certain Towns that are found and cast upon their accounts entred in the Pipe and in another of his Bookes called Nomina Ecaetor he hath every yeare the like debts of Escheators set downe by the same Clerk of the Pipe for all the which he maketh Attachment and other ordinarie processe of the Court for the levying of the same as the case doth require He hath in a third Book in his Office called Schedula Pipe All debts set downe by the Clark of the Pipe of such persons as upon the opposalls of the Sherift of their summons be said by them to be dead to the end he should make a Diem clausit Extremum after the death of such debtors to the Sherift which is the award of the Court and of purpose to enquire what day and yeare they died and what goods and Chattells and of what value they had at the day of their death and to whose hands the same came and now be and to seize the same in whose hands soever they be and to leavy the same debt and have them before the Barons such a day And if their goods and Chattells be not sufficient to pay the said debt then to enquire what lands and Tenements and to what yearely value they had at the day of their deaths or when they became debtors or ever since and to whose hands and possession the same came after their decease and in whose hands they now be and the same to seize in whose hands soever they be and keepe safe and to Answere the issues and profits thereof untill the said debt be fully satisfied and payed or that he otherwise is Commanded and to distraine all the Executors of the Testament of the said debtors as Administrators of the goods and Chattells that were his and also the heires and Ter Tenants of the same debtors if they have not Executors to Answere the same debt and all to the intent the same might this way be payed that could not by the summons of the Pipe be so levied And likewise he hath put in his said Booke of Schedula Pipe by the Clerk of the Pipe other great and speciall debts that the Court will have spedeier and sharper process made for them by the said summons to the intent the Debtors should be either quickly Attached and brought into the Court or the money payed and Answered to the Sheriffs or into the Reccit as should best fall out for the ease and dispatch of the debtors He taketh into his Office all Streats of Fines issues and Amerciaments sent into the Court from the Kings Bench the common pleas the Justices of Assize and all Justices of the Peace through England which are by him delivered over by the Rolls of streats into his Office to the Clark of the Streats to write out who sets his hand thereto for the Receipt of the same He taketh on his side also as the Kings Remembrancer doth afore all Sheriffs for raigne accounts Bayliffs accounts Escheators accounts Customers accounts Collectors accounts of Subsidies and fifteens and the Cofferers accounts as before is declared in the point amongst the matters of the Kings Remembrancers side He ruleth the ordinary petitions that any of the sayd Accountants do make or pray upon their sayd accounts to be allowed them without the privity of the Court being matter of Record and President in Court for the discharge of the same and other their new and first petitions are allowed from time to time by the Judgement of the Court
he likewise maketh stay and Supersedeas by Warrant and Award of the Barons as aforesaid He entreth Judgment according as the Lord cheife Baron and Barons of the Court Commandeth him of all Pleas dependingon his side both for the king and the partie though the Kings learned Councell would willinglie have the Judgment goe otherwise He entreth Judgement of his owne Authoritie by the Ancient Course of the Court of Pleas of Course and whereof there are dayly Presidents which were not able otherwise to be overcome if they should be read and followed openly in the Court He sendeth the red Book by one of his Clerkes with the fourth Baron most Commonly and in his absence with the next Baron into the Kings Bench and Common Pleas in the Terme time to remove any matter sued there against any Officer Minister Servitor or any of their men or any Accomptant there that prayeth his priviledge in time of any of the same Court upon which said red Booke shewed and the parties soe testified by the Baron to be of the Court as aforesaid his Priviledge is ordinarily allowed He receiveth into his Office all the Certificates of the Subsides Fifteens Tenths granted to the Prince by Parliament and certifieth unto the Exchequer whereupon he maketh his two Bookes called The States of Subsidies and the State of Fisteens in which is entred the Collectors names and for what places with the summe totall of every Certificate as they doe come in with their payments agreeable thereunto soe are they trossed and entred cleere that otherwise stand open while the money is payed and discharged He sendeth every Hillary and Trinitie T●r●e severall parchment Bookes to all the Customers Controllers Survaiors and Searchers of the Parts and Creekes through England to make the first and second halfe yeares Entries in the same of the Kinges Majesties Customes and Subsides and the Cocketts thereof according to certaine late orders in the late Queens time sent unto them thereof And likewise every Michelmas and Easter Terme he receiveth the same by the Oath again of the said Officers in open Court or before some one of the Barons out of the Court that they have made all true Entries in the same and as they ought to have done He receiveth from some one of the three Barons and of the Auditors of the Court Attending on them all Sheriff forraign accounts Collectors accounts of Subsidies and Fifteens and the Cofferers accounts which he taketh the Accomptants name with his addition of account and the summe totall and the debts of the same and so putteth every of them ever by himselfe or one of the Clerks of his Office to the Treasurors Remembrancers side to be entred there in like sort both which Remembrancers should likewise receive all the great accounts taken now before the Auditors of the Prests and the Receivours and Ministers accounts of the late Augmentation Revenue taken before the Auditors of the Shires to make like Entries thereof in both their Offices and to be conveyed in the viewes of every yeares Remembrance and that he to whome it did appertaine might make processe upon the same where any cause should so fall out and so noe Super or debt thereupon by that meanes should be behind and to be out of Processe every Terme while they were discharged He sendeth commission of Nisi prius by the kings Attorneys Warrant onely upon tryall of any matters within his office at the Assizes in the countrie Adtenorem Recordi under the Exchequer Seale with it But at the Nisi Prius in London at Guildhall he hath the very Record of his Office brought thither and it is without commission because my Lord cheife Baron sitteth thereon and the Kings Attorney and his Majesties learned Councell either be or appoint to be there for his Highnesse Hee hath other speciall Authorities preheminences and matters appointed to his Office by the Articles of the uniting of the said Court of Augmentations to the Exchequer which are referred thither for breifeness and for more certaintie at large of the same The Lord Treasurors Remembrancer IS the second Remembrancer of the Exchequer and belike of old time was so called for that it was then in the Lord Treasurors gift or that he had some speciall service appointed to him by the Lord Treasuror to remember him of or to be kept in Record He hath his Office cheifly established upon the execution of the originall save for the great accounts the Customers controllers and searchers that is yearly streated to him out of the Chancerie and is otherwise called Extractus Cancellarioe being the yearely streate Verbatim as they passed under the great Seale of England from time to time of all Sheriffs and Escheators Pattents of all Customers Controllers and Searchers Patents of all Receivers Reeves Beadles Bayliffs Collectors and Stewards Pattents of all grants of lands and Tenements for life in see simple see taile generall or speciall of all denizonships Creations of Arch bishops and Bishops erections of any Abbies Priories Colledges Chauntries Hospitalls Schooles and Corporations of all custodies of any Honers Castles Lordships Mannors Chaces Forrests Parkes speciall and generall after the Course of the Chancerie ouste●lemanes of all Licenses of Alinations going over sea transportations Introductions Retaines imparkings and Inclosures of all pardons Alienations intrusions trespasses utlegaries felonies murders misprisions treasons and forfeitures of all restitutions of blood goods and Chattells lands and Tenements of all leases for Terme of life or for yeares of all Fines grosse and small of all Writts of restitutions of Temporalities of any Abbey Priorie Archbishopprick wards and seized lands and Tenements of all Di●m Cl. Extremum Mandamus Melius inquirendum et qu. plura He out of the said Originall maketh his Booke called the Roll of Prossers which is a record and a part of the remembrance of every yeare of the comming of every Cro Michalis and Cro ' Claus pasch into the receipt of all Sheriffs Bayliffs Farmers Escheators and men of certaine Townes within the realm and of putting in a Warrant of their proffer made of the issues of their Offices at which if any of the Sheriffs made default by himselfe or their Attorneys or pay not into the receipt there by Tallie infra mens●m following they forfeit their recognizance and the Bayliff Farmers and Escheators that come not then to appeare either by themselves or their Attorneys are amerced at halfe their proffer And if they pay not their proffer infra mensem following then doe they loose their proffer and pay it unto the receipt without having any Allowance of the same upon their account He when the said proffers are done maketh Proclamation in the receit before they arise That all Sheriffs Bayliffs of liberties and Escheators do pay their proffers as they are accustomed infra mensem and keepe their dayes of prefixion for their Accounts in the Exchequer according as by the Court they are appointed upon paine and
perill that shall fall thereof Hee thereupon by his booke called the scroule of accounts made out of the Rolls of profers and out of any other part of the yearly remembrance called Dies datus vicecom et Escaet ad Computand post profra every Michelmas Terme doth call all Sheriffs Bayliffs and Escheators of the year last past to account some Cr. Sc. Michis some tres septiman Sc. Micahis some Mense Micahis some Cr. Simon et Jude some Cr. annimarum some Cr. Martini some Octabis Hillarii some Cr. Hillarii some Quinden Hillarii some Cr. Purific and some Quinden Pas as every of these severall dayes of prefixion of ancient have been set by the Court and as they thought they should be able to overcome and finish their Accounts He out of the Originall of the Chancery the Roll of proffers Dies dat Viceom Escaet the scroule of Accountants and other Records both preceding and following thereupon doth make a yearely Booke called the Roll of Writs that is a part also of the yearly Remembrance made in his Office in which he enrolleth all Briareturnabil de Term. Hillar Pascae sectae Trinitatis sectae Michaelis every year some from the Originall some from all the parts of the yearely Remembrance that is made with him some from the transcript of Offices yearely streated into his Office out of the Chancery some from Offices found before the Escheator Virtute officij and certified to him from the debts of the Pipe put in his booke called Nomine Escaet ceduta Pipae and some from the streat of Common Pleas called the Fynes He out of the Originall from all Receivers Bayliffs Reeves Collectors and Beadles Patents of any the Kings Lands or Tenements doth inroll and write Venire facias ad computand or distringas ad reddend compotum from all grants of Honors Castles Lordships Mannors Lands and Tenements granted by the Prince to any for life in fee simple fee taile generall or speciall he doth inroll and write Distringas ad faciend fidelitatem ad faciend homag fidelitatem or a Writ of Reversion when the taile is spent and otherwise as the case requireth from all Denizenships he maketh a Distring as ad faciend homag from all custodies of Lands and Tenements or Farmes hee doth inroll and write Distringas ad faciend fidelitatem or homag fidelitatem or ad respondend de velevijs from all pardons of Outlawries Attainders Felonies Murders Treasons Misprisions of Treasons He doth inroll and write Distringas ad respondend de omnieo quod ad Regem pertinet c. velcertiorari quae bona catalla A. B. habuit c. From all licences of alienations hee doth inroll and write Distringas ad faciend fidelitatem or ad audiend terminand He doth inroll and write Writs of Restitution of any Temporalties He doth inroll and write Distringas ad reddend comp de exitibus temporal c. and Cercioraries sometimes Quis recepit exitus et profit temporal c. He from the sayd Roll of proffers doth inroll and write against such as pay not their profers Infra mensem c. capias pro contemptu with a Fierifacias pro proffera Hee from the sayd scroule of Accounts grounded upon Dies datus aforesayd every Michaelmas Terme against Sheriffs that make default at their days of prefixion doth make a Record of five pounds for every day of payment after hee makes default while four dayes next be past which is set down in the Pipe to be charged upon them or is levied upon a Fierifacias except the Princes Letter come aforesayd for the discharge of such Amerciament and then he doth inroll and write out an attachment for his Body Goods Chattells Lands Tenements while he cometh into account and putteth in Bayle to end and finish the same and against all Bayliffs of Liberties that make like default hee enrolleth and writeth out like Attachment as hee did before against the Sheriffs Hee from Commissions that is a part of the yearly Remembrance layd in his Office and made by Warrant or commandement of the Court or upon some other dependency of Record Ad inquirend Ad faciend Ad Exequend Ad perinplend Ad recipiend or Ad certificand doth enroll processe and Writs out of the same against the Commissioners thereof Ad liberand Inquisitiones ad certificand ad comput and or alia faciend as the matter offereth He upon the Communia that is the severall Records of all the pleas put in every Terme within his Office and another part of the sayd yearly Remembrance doth inroll processe and doth write the same against the partyes whom they concerne Adfaciend sidelitatem homag sidelitatem magn Serjantians et parvam Serjantians et ad respondend c. as the severall Statutes and judgements of the same doth require He even so doth inroll processe and writ out of the same from all other parts and titles of their Remembrance and from all other Records rising in his Office are brought into the same of such kind and mature as the matter in them by the course in the Court doth require He upon all these processes that do thus issue out of his Office doth admit every man to plead in discharge of any of them that hath cause and matter and by the course of the Court is bound thereunto but no first Patent of Lands or Tenements or he that sueth a license of alienation or a pardon of Alienation or Livery speciall or generall or an Ousterlemaine or after the course of the Chancery that is streated as afore in the yearely originall is compelled or suffered to plead upon any such first processe inrolled upon the same and written out by every of them are admitted to do their fealty or to pay their fine for a respit of homage at any Terme they come in after the same sent forth and so keeping still the payment of the same Fine every fifth Terme they have processe made out against the same Land their fine is made for but their fifth terme homage written to put them in Remembrance of the payment of their fine while either they be returned dead or Nihil habet in the same Land He upon all such Returns of Mortuus or Nihil habet from the Originall or of like service of Writs from pleas or any other Record in his Office doth strait write out the next Term after such Return a Dic. tenents of the same Land the Tenant is returned Mortuns est or Nihil habet c. for the answering of the which the party that is returned the now tenant of the said land must shew he hath therefore a licence of Alienation or a pardon of Alienation or a livery generall or speciall or an Ousterlemaine or after the course of the Chancery by which he entred and he must plead either the same or some generall pardon that will serve for his discharge or otherwise with the Nec non ad ostendend goeth current still every
Roll he delivereth into the Treasurors Remembrancers office and upon the same there be so many Fieri fac inrolled against such Sheriffs as have their issues marked in Rottulo and Nihills which they returned to know why they should not Answer the kings Majesties the same Nihills which they did returne for good issues and leviable upon the parties on whose head they were set which Sheriffs so summoned must either come in and justifie them leviable and prove them and then he that Nihill'd them or else the Sheriff that cannot so justifie them must pay the same himselfe whereby it appeareth the Court and lawe provideth that the Kings Majestie shall loose nothing that he hath right to The Seale of the Court IS the Officer that keepeth the Seale of the Court all terme time under every Chanceller and is bound to Attend and seale all processe Commissions Injunctions Exemplifications and writts whatsoever that be brought to him in Court ' or out of Court from any of the Officers that have Authoritie to make the same except he have contrary Commandement or his masters or some of the cheife Officers of the Court do make stay sometimes of some of them for some speciall matter thought meete and expedient who in many cases hath Fees for sundrie of them whem they be sealed for the partie and not for the King but upon allowance at the liberate The Cheife Usher IS he that by inheritance hath the keeping of the Court the Exchequer Chamber and the howse with all the Appertenance where the Court dines when they sit about the Kings businesse who maketh provision for all the necessaries both of the Exchequer and of the receit and hath allowance at every liberate thereof againe and seeth to all places of the Court that all doores chests Records and things be in safty from fire water or spoile and giveth knowledge of them accordingly and as it needs and hath the oversight of the residue of the Ushers and the six ordinary Messengers of the Court that they deliver truly from time to time to the Sheriffs and all others the Kings processe and bring the Sheriffs Bills subscribed from time to time for the receit of the same which he doth exammine by his Book that he keepeth of the liberate of all the Kings processe every terme wherein is set and totalled up the number of writts and processe that goeth out every terme and to what Sheriff they be sent and out of what Office in the Court. The Marshall of the Court IS an Officer to whome the Court Commits sometime the Custodie of such a one as they will not for the time send to the Fleete and yet is thought meete in that wise for some Cause to be Committed He assigneth in open Court all Sheriffs Escheators Customers Collectors of Subsidies and Fifteens and such like Accountants when they have taken their oath to the Auditor before whom every of them shall account whereof he keepeth an ordinary book and deviseth so by the Court that the Accountants should never choose his own Auditor to practise or help himself by it He receiveth all Offices that Escheators do find Virtute Officij and delivereth them in Court whereof he should keep a Book and so deliver the Originall into the Treasurers Remembrancers Office to be delivered by the Roll of Streats there to the parcell makers to charge the same in such Escheators parcells when he cometh in to account The Foure Ordinary Ushers BE such as with their stick attend upon the cheif Officers and Barons of the Court at their coming to or their going from Westminster and call all Juries and all persons appointed them in open Court and fetch them they are appointed out of Court and use to make in open Court all noises silence and proclamations calling of witnesses returns and of all cacountants both at and after their dayes of prefixion and times appointed them by Law and the course of the Court and to do all other things that are commanded The Praysors of the Court BE cercain Officers of late made first by Sir John Bacon when he was Under-Treasurer without see of the Prince and they praise all Wares and Merchandize that information is put against in the Exchequer as seiled here in the Port of London or in any other Ports of the Realme as Custome and Subsidie thereof not payd which Praisors of old time were chosen here of Merchants of the City as it fel out and as they were taken up by the Sheriff to prize the said Wares whereof they had skill and now by the use of time the sayd standing Praysors that are appointed by the Vice Treasurer to be certain have a certain small fee a peice of and upon every appraisement The four Tellers of the Receipt ARe Officers of the Receit that receive to the Kings Majesties use all monyes payd in there and do make new dated parchment bills under their hands with such Counties names letters words and summ in the same Bills as serves briefly to make it to appear for what cause and by whom every such sum of mony to them is payd and many yeares since they were in the Receit Ponderatores and Fusores at which time it seemeth the mony was so wel kept that the tale fell out even with the waights and Fusores were then melters of the mony to make assay of it into the Ballance that it might be weighed These now deliver their parchment Bills to the party that payeth the mony but cast the same down out of the Office by a hole made for that purpose upon the Boord of the Receipt whither the party repaireth and prayeth a Tally to be stricken for him according to his Bill cast down which Bills heretofore were oftentimes carried away by the parties that thought the same only a sufficient discharge for their mony and were yet afterwards much vexed for the same with process They may receive all mens mony that are to pay any into the Receit save the generall Receivers and the Bishops Collectors mony who are assigned to each of them specially by name that their payments and arrerages may even appear at the eye because they use much to be behind hand and are for the Non-payments to be charged by the Statute They cannot now pay any mony for fees or upon any privy seal or Warrant without a Debenter first sent from the Auditor of the Receipt whereby is known still most certainly what mony is payd and what remains in every of their hands from time to time They keep every of them a rough booke of every days receipts as they fall out in every kind of payment made unto them and they title their sayd bookes into half years receits as thus Michaelmas receit to Easter and Pasch Receipt for all monies Payd from Easter to Michaelmas and their weekly Certificates by the same to the Lord Treasurer and others as they are commanded what every of them hath received They make