with such persons as he shall call to him which are here too long to set downe particularly and therefore are referred to the said Articles Answer The certainty whereof may be knowne by the Articles themselves XXV Question Hee hath used before the uniting of the sayd Court of augmentation and the first fruits and tenths in all great matters of the Courts sometimes to confer with the Chancellor and under Treasurer alone and some times with them and the Barons and sometimes with them and the Kings learned Councill and some times with them all and the two Remembrancers and Clerke of the Pipe about the same what were best to be done But since the uniting of the sayd Court according to the Articles of uniting the same he hath used much to conferre and joyne with the Chancellor and Vice-Treasurer upon all forraine matters Causes and Actions of the Court that stand not in plea Suits or Judgement before the Court but come in question order and determination by the sayd union and shall call such Officers as shall please them to consider and determine upon the same Answer I have seen no written direction for this course but undoubtedly he may and will call any Officer unto him to conferr with for his Majesties service and determine of matters according to Justice XXVI Question Hee alone and he and the under Treasurer by his discretion as I take it do survey and order all the Receits and all the Officers and matters thereof and of the Treasury and do direct payments and stayes of payments by their discretion and do examine all receits coming in and going out of the receit but can suffer no penny to go out but by privy Seal or great Seale from the Prince or by decree or Writ from the Court that sometime cometh so about by the Judgement of the same He hath divers other authorities by old and new Statutes both alone and with others which are referred to be found out by learned Counsell that have abridged the same Answer I have not much experience in the Receipt but I do hold it for certainty that none of the Treasure may be payed out without good warrant from the King And I have seen by record and otherwise that some misdemeanors there committed have examined and ordered in Superiori S. Here I was required as I understood by the Messenger to set downe by what Warrant and authority the things before specified were done I have endeavoured to performe that according to my best understanding as before appeareth And where I was required also to set down what other authorityes be in this Lord so it is that I Authorities in the Lord Treasurer have observed by reading of the Records of all Kings times that he hath been taken for a very great Officer and chief of the Exchequer amongst which concerning his ancient generall Authority and Duty I finde these words written of him Adquem spectat de commodis domini Regis curare ut ejus disdendia viteut prospicere By which and by his oath his generall duty and authority may be conveniently and reasonably conceived and gathered And touching his other authorities that be not before mentioned I thinke there be some by Statutes and some by Commissions or privy seales concerning his Office in the Exchequer which I do not take upon me to set downe least I by forgetfullnesse should omit some of these I know and might omit diverse others having not beene made acquainted with them and to my best remembrance they be most of them joynt with others and am of opinion that if when any thing shal be offered unto him or required of him to be done It will please him first to require the sight and understanding of his Warrant in that behalfe his Lordship shall in short time finde and know his authorityes that hee will require in such cases whether it be by Act of Parliament or any other way and I for my part will be ready to declare my simple knowledge and experience in every case And what hath beene done by the two last Lord Treasurers I suppose that the next hath seene either already or heard himselfe or shall by some other hear of it And if his Lordship shall finde just cause to understand by what Warrants and Authority they did so he may easily understand of it by some of his Majesties Officers The Chancellor HE is an Officer thought by many to have beene placed in the Exchequer to have qualified all matters of extremity and rigour between the Prince the Subject and the party with Conscience and equitie But yet I never saw nor have heard of any Record ever made in the Exchequer in that case by order direction or qualification He hath in Court the proper place of the Bench above the Lord Treasurer He in the Lord Treasurers absence doth in Court in the Exchecquer Chamber all things to the Kings most benefit and furtherance He in the Lord Treasurers absence if the Barrons and learned Counsell of the suitor doe much presse any matter against the King or that he findeth there is some learning in the case doth pray that it may stay untill the Lord Treasurer be made privie and the Kings learned Councell may be conferred with and the presidents of the Court may be shewed upon the same He maketh warrants to any of the remembrancers to make all manner of commissions processe and iniunctions as the case requireth aswell as the Lord Treasuror doth He by the late Lord Treasuror and Sir Richard Sackvills order and agreement had referred unto him the oversight and rule of the Court of first fruits and Tenth of all compositions bonds mattes and canses of the same He in the Lord Treasurors absence for orders and Commandements in Court for the benefit of the Prince and case of the Subject and suitors hath ever done commonly that the Lord Treasuror useth to do He hath ever used in great causes of the Court to make the Lord Treasuror privie and to confer with his Lordship about the same He being Vice-treasuror also after the death of the Lord Treasuror and while a new Lord Treasuror be made doth all things which the Lord Treasuror both in the Exchequer and Receipt doth use to do Under-Treasurer IS an Office erected of late in the time of King H. 7. And whether it was of the Kings nomination first or of any Lord Treasuror it is not known But it is said that Sir Robert Mitton Knight that was then the Lord Treasurers Remembrancer was the first Vice-treasuror that was ever made and had no patent thereof but Sir Iohn Baker when Thomas Duke of Norfolke was made Lord Treasuror in H. 8. time being nominated Vice-treasuror after Sir Robert Mitton did procure a Patent thereof under the great Seale of England and was the first that had a Patent of the same office He in King H. 7. time as I have heard say the report of the remaine of the Treasure
the same He taketh the Declarations of the ingrossed Accounts of the late Augmentatition Revenue in the Counties of Northumberland Richmond Durham Receivers of Nottingham and Derby Lincolne c. Receivors of Chester Lancaster Westmerland and Cumberland Receivers of Northton and Rutland Receivers of Leicester and Warwick Receivers of Salop Wigor Stafford and Hereford And made before him by the Auditors of the same Shires He with the Kings Attorney Promissis Parcandis doth set all the Fines of Composition upon any that is informed against in that Court by any popular Action or penall Statute which Fyne doth bring the defendant to an end thereof and is set downe from the Roll of the Kings Remembrancers side and charged in the Pipe where he hath his Quietus est upon his Fine payed by tallie and allowed there The second Baron IS he that is next in place and Ancientie to the Lord Cheife Baron and in his absence doth Answer the Barr in matters of orders and course as the case offereth and in matters of law difficultie or importance He referreth all suitors untill the Lord Cheife Barons comeing and that the Court be fuller He and his fellowes in the Lord Cheife Barons absence in meane Causes and matters of Course doe take order with all suitors and matters offered at the Barr as in dayes of Apparances Recognizances Receiving and mending of Pleas informations lycense to depart and some Iudgments the Causes being not great and the Lord cheife Barons mind being somewhat fore-known therein And in every thing he useth more Authoritie in the dispatch of matters in the Court which are called on at the barr when the Chancellour the Vice-treasurer the Kings Attorney or Sollicitor or some or most of them are present in Court wherein he and his fellowes have the more consent and agreement of the cheife Officers of the Court. He and his fellowes in my Lord cheife Barons absence may doe all in Court that my Lord cheife Baron may doe and is good in law Per Considerationem Baronum though there be but two of them yet in most matters and especially of any weight they take a respit and put over the same and wil be advised thereof until such a day He giveth yearely the morrow after Simon and Judes day the Oath to the Lord Mayor and Escheatour of London that he shall make a true Account of the Escheatorship and aske no petition or Allowance but that which is good and true He in the Lord cheife barons absence doth take all manner of Recognizance in Court and out of Court as the Lord cheif Baron doth and hath for his Fee of every one taken out of Court six shillings eight pence as aforesaid He taketh the Declaration of ingrossed Accounts of the Receivors of the late Augmentation Revenue in the Countie of Kent Surry and Sussex Receivers of London Middlesex Hertford and Essex Receivers of Norfold and Huntington Receivers of Suffolk and Cambridge Receivers and made before him by the Auditors of the same Shires He examineth the letters and casteth up the sums of such Sheriffs forraign Accounts Escheators Accounts Collectors Accounts of Customes Subsedies and Fifteens as are brought unto him by any of the Auditors of the Court in the head of which accounts the Barons name is set that examined them And his addition thereunto is Auditor And then the Auditors name that did take and ingrosse them is set under the Barons name and his addition thereunto is Clericus So as it seemeth the old course of Exchequer accounted the three under Barons the Auditors of the court and those we now call Auditors but as their Clerks And in this wise the old account of the Ward Robe the Victualls the Ships the Workes the Provisions the Wars and such like were heretofore taken and examined which be now taken by the Auditors of the Prests and are declared by them and they account before the Lord Treasurer Chancellor and Vice-Treasurer only except they please to call some of the Barons to them as they use so metimes when the most of them cannot attend the hearing of the same accounts The third Baron IS hee that is third in place and Anceintie to the two Barons and may do all things in Court in their two absences as the two Barons and their fellowes might do before but in both their absences the third is very circumspect to do or meddle with anything but that which is ordinary and referreth over all suitors as before He may take Recognizances in Court to the Kings use as the other did before and hath his fee also of six shillings eight pence for the same that are taken out of the Court as the other had before He giveth every Symon and Judes day the Oath to the Lord Mayor and Gaugers of London that he shall make a true account of the same and aske noe petition or allowance but what is good and true He taketh the declaration of the ingrossed accounts of the Receivers of the late Augmentation Revenue in the Counties of Somerset and Dorset Receivers of Cornwall and Devon Receivers He likewise as the second Baron did before examineth the letters and casteth up the sums of such Sheriffs forraigne accounts Escheatours accounts Collectors accounts of Customes Subsidies and Fifteens as are brought to him by anie of the Auditors of the Court as aforesaid The fourth Baron IS alwayes a Cursistor of the Court and hath been chosen of some one of the Clerks in both the Remembrancers offices but most usually he is and hath been chosen of some one of the Clerks of both the Remembrancers office or of the Clerke of the Pipes office He taketh Oath every Simon and Judes day of the two Attorneys the new Lord Mayor then putteth in ad recipiendum mandatum Curiae And likewise of the Deputie Escheator and Gauger of the late Lord Mayor Elcheator and Gauger of London that they shall make a true account of the said Offices and aske noe petition or Allowance but that which is good and true He if he present in Court at dayes of prefixion taketh the Oath of all high Sheriffs there under-sheriffs or Attorneys and of all Escheators that they shall make a true account of the said Offices and aske noe petition or allowance but that is good and true He taketh the Oath of all Collectours Countrollors Surveyors and Searchers of all the Custome houses in England that they have made true Entries in their Bookes without concealment or leaving oat any parcell of wares or merchandizes to the Kings hinderance or prejudice He taketh before the Court commonly begin to sit or when it hath little to do or my Lord cheife Baron is absent the opposals of the Shiriffs of their summons that come in and are sworne to account as before which is nothing else but opposing of every Sheriff what he will say to every summons which is written to him out of the Pipe who upon the sayd opposalls answereth unto such
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 LONDON Printed by T. R. for Tim. Twyford and W. Place and are to be sold at their Shops within the Inner Temple gate and at Grays Inne gate in Holborne 1658. To the Reader I Have neglected ordinary flatteries least I might seem to beg an applause not merit it Let it not seem a work of supererrogation to publish this Tract since t is hoped the Work it self is bonum utile else had not that great and wise Lord Buckhurst taken such care to command it to writing had he not known that bonum quo communius eo melius And therefore I hope my self very worthy of excuse from blame by any inasmuch as hereby present generations may learn past Polity and by the Rule thereof square their actions And if any thing herein fall short of expectation t is my request That you will rather look at it as an escape then a crime since the whole ayme is both thy pleasure and profit which if you attaine I have the accomplishment of my hope otherwise Si quid noristi rectiusistis Candidus imperti si non his uters mecum Farewell What every of the Officers of the EXCHEQUER usually do by virtue of his Office in England The Lord Treasurer Questions concerning the Lord Treasurers Office with severall Answers to every Question made by Mr. F. Or rather a Declaration of his Opinion touching the same written at the Request of the Lord Buckhurst I. Question THE Lord Treasurer is sworne and admitted in open Court by the Lord Chancellor or Lord Keeper for the time being Answer Sir I have seen the Records of the like Admittance and yet the Lord Treasurer that was last was sworne in the Chancery II. Question Hee is appointed by Statute co be at the election of the Sheriff yearly In Cr. Animarum Answer By the Statute of Anno 14 Ed. 3. cap. 6. The Chancellor Treasurer and cheife Baron calling others to them are to name Sheriffs in Cr. Animarum yearly and by the Act 12 R 2. cap. 2. they must be sworne to do as is there limited III. Question Hee nominateth after the Sheriffs be chosen all the Escheators in England Answer Escheators ought to be nominated by virtue of the sayd Statute of Anno 14 E. 3. cap. 8. but by what reason he doth it alone I know not IV. Question He giveth by Statute all the Offices of the Customers Conmptrollers and Searchers through England during pleasure by his Warrant under his hand directed to the Lord Chancelor or Lord Keeper for the time being Answer This he doth by virtue of a Statute made 31 H. 6. cap. 5. V. Question Hee granteth by Statute and Custome for the accustomed Rent Custodiam of the ancient Crown Lands and Escheated Lands and Firman ulnagij in all the shires in England c. Answer I cannot speake certainly of this I know not how to informe my self so as I would saving that I thinke the Alnage is let to Farme by the Statute of Anno 4 H. 4. cap. 13. and 4. E. 4. cap. 5. VI. Question He granteth Firman terrarum seis pro Domino Rege quamdiu in manu dicti Domini Regis fore contigerint to any that sue for it by his Warrant made of late to the Clarke of the Pipe and in old time directed to the Lord Chancellor or Lord Keeper for the time being Answer Neither do I know this certainly but I have beene told that the Leases made under the Exchequer seale be not good VII Question He sitteth in Court or in the Exchequer Chamber and ordereth with the Chancellor under Treasurer and the Barons of the Court the matters offered before them to the Princes most benefit as they can by the law course or equity but the Judgement is only Per considerationem Baronum Answer Hee sitteth in the Court and ordereth with others as is declared in this Article when it pleaseth him and the oftner the better for the profit and service of the King and the dispatching of suits and suitors VIII Question Hee may call upon the Kings learned Councell and the Officers of the Court to consider by the law and Presidents any matter sore pressed against his Majesty at the Barre and desire the Court to stay proceedings in it while they may be better informed Answer There is no doubt but hee may and will do all this when hee shall see others negligent or any other good causes so to do XI Question Hee and the Barons may by Statute shall debts of three hundred pound and under to be payd at dayes Answer This they may do by the Statute of 1 vel 2 E. 3. cap. 4. X Question The Treasurer the Chancellor the Vice-Treasurer and Barons of the Court may and do use to make Orders and Decrees of Allowances of Pensions Portions Rents Payments Fees and Considerations thought good by the Court and upon intricate matters and matters of equity in the Court betweene the King and the party to bring them to a finall end as best for all parts and not well able to be determined by the ordinary pleading or otherwise of the Court. Answer They may and do use to make Orders and Decrees as is there declared and for that purpose do sit both in the Court and often in the Exchequer Chamber to heare English suits which they do by virtue of the Statute 33 H. 8. cap. 39. See the Statute booke at alrge fol. 92. H. 4. XI Question Hee in giving judgement with the assistance of the Court doth order stay examine heare debate prolong and end all causes of the Exchequer either by Judgement order or decree by privy seale from his Majesty when otherwise it will not be done Answer It is certaine that hee and the Court or to say more plainly the Court whereof he is cheife may do all lawfull things that are there to be done either by virtue of Law or of the Kings Warrant which I take to be the meaning of this Article XII Question He alone punisheth reformeth directeth and ordereth all the Officers of the same that by Law are not to be brought into the Court of Exchequer Answer All the punishments which I have found in any Record have beene done as by the Court and all their Accounts and Concealments Informations and sundry other things have been taken examined and ordered as by the Court And yet his Lordship hath great Authority over them by the Statute of 17 R. 2. cap. 5. where it is enacted that those Offices should remaine in the Kings hands under the governance of the Lord Treasurer for the time being with the assent of the Counsell where need shall be XIII
Highness for any debt or assured unto his Majesty for any debt to be payd at dayes or else to be forfeited which Indentures Deeds Fines Recoveries and other such Writings he delivereth now into the Kings Remembrancers Office that were wont to be kept in the Treasury to be put in charge before the Auditors of the Counties where the same Lands and Tenements do lye according to the assurance He suffereth sometimes the Informers upon popular Actions to put in their Information in their own name when it is better the party Defendant be so prosecuted or that he is of some fort an acquaintance and so more meet that way to be sued He commandeth all the Remembrancers that there be no proceedings in certain matters depending in their Office when he thinketh it best for the King and Copies and Books to be made thereof both for the judges the Barons and the Kings learned Counsell as the case shall fall out He suffereth sometimes the Demurrers for the King to be argued by other learned Counsell then the King retains by the party that followeth the Kings suit or his Tenant or for his commodity or for some other respect He suffereth so the partyes sometimes that folow the suite for the King to bring other Counsell to the Bar then the Kings to open plead and defend the Kings Title when he is in Court and guideth them for the King He maketh Warrants to all the Remembrancers to make all manner of Commissions Processe writs and Injunctions as the Lord Treasurer the Chancellor the Vice-Treasurer and the Lord Cheife Baron doth He when he understandeth or is complained unto that any stay lingring or Supersedeas is of any processe or execution for the King doth call straight upon the Officers where it lyeth and asketh why such a processe or matter stayeth and being informed of the cause and it is by the Lord Treasurers Master Chancellor Vice-Treasurer or the Courts order he saith stay them for a time and I will move in it but otherwise the matter proceedeth by his order with all expedition He very seldom or never of himself stayeth any process matter or cause of the King but being moved there of by the cheif Officers of the Court he will seem for a time content and leaveth the same to their order yet he is content to give all suitors dayes to appear to shew their Rights and bring in their Answers Rejoynders Writings Evidences and Patents He with the Lord cheife Baron and the Court Pro misis parcandis doth set Fines for Compositions upon any Information depending in the Court by any speciall Statute and thereupon the partie defendant is discharged and the record made up to shew how he hath Compounded And so is drawne and set downe from the Roll of the Kings Remembrancers side and is charged and discharged in the Pipe as is aforesaid He certifieth into the Clerke of the Streate office yearly in the Exchequer all the Kings moities recovered and fines for Impositions made in the Kings Bench upon all penall summes or penall Statutes and pay the same yearly into the Receipt by taile and being set downe into the Pipe by the Clerke of the Streate he hath his Quiet us est for the same The Kings Sollicitor SItteth next to the Kings Attorney in place sometimes Answereth the Barr or the Court on the Kings behalfe both in the absence of the Kings Attorney and when he is present but otherwise he medleth not any way with the Kings Attorneys office He ceusidereth with the Kings Attorney all the Kings Majesties hard and doubtfull cases depending in Court and sheweth his opinion of the same both in Court and out of Court in the Exchequer Chamber He waiteth on the Judges to know when they shall be able to Attend the Kings Causes that he and the Kings Attorney hath for matters depending in the Exchequer to informe them of and both giveth every of them the case and the Copies of all Books and Presideats concerning the same He argueth before the Kings Attorney all the Demurres that be in the Court for the King and sometimes alone without the Attorney with other learned Councell out of the Kings fee that are retianed with him on the Kings side by the partie that followeth the suite for the King The Auditors of the Exchequer BE they That before the late united Courts to the Exchequer did take and make all the accounts of the Ancient Revenue there and now they take also the accounts of the receivers of the late Augmentation Revenue as was allotted to every of them at the first coming thereof into one Court and of the Ministers of the same They never take accounts of any Sheriff Escheator customer Collector of Subsidies or Fifteens or the cofferers accounts but by Assignement in open Court by the Marshall and so entred in his Book to the intent no accomptant shall seeke an Auditor of his Choice They waite on some of the three younger Barons with every such account when it is ingrossed who examineth the particulars and the totalls of the same and seeth if then the same account be straight and true and then it is set upon the head of such Account examined to know by whom it passed thus or as it falleth out indeed AB Auditor CD Clericus AND so it is deliveered by the Baron or Anditor first into the Kings Remembrancers Office and so from time to time to the Lord Treasurors Remembrancers Office and so from him to the Clerke of the Pipes Office to be entred as aforesaid in the Roll as it should be after his nature as aforesaid They cast out all Sheriffs in open Court viz. two or three of them lay the summes and charge of their accounts as they be read to them in open Court by the Clerke of the Pipe and then they allow out of the same their Annuall Deductions and such petitions as they make and be read them in summes in open Court and so try them either Aeque or surplusage and if both or all the Auditors casting doe agree then be the Sheriffs delivered out of the Court by Proclamation of some one of the Ushers They ride every Michaelmas Terme to their Audite kept at the Kings Court in every shire as they are allotted especially unto them where they take the Ministers accounts of the late Augumentation Revenue at places certaine appointed before by their precept and sent out to the Bayliffs Reeves Collectors c. and there by order from my Lord Treasuror Master Chancellour and the Vice-treasuror they have Authoritie to give certaine Allowances of reparations not exceeding the summe of where the kings is no bound thereunto and to do the ordinary things of their Audit They make a breife declaration of every of their Receivers accounts every Lent before my Lord Treasuror master Chancellour and Vice-treasuror and shew their last yeares Arrerages and what every of them have payed in liverie money as in debt upon the same
and try the same and to mediate and end and determin if they can or else to certfie the Court of their doing whereupon the Court may further proceed or if the question be concerning the possession of any lands demanded by the plaintiff which ly intermingled and dispersed with and amongst the Defendants lands and by reason of a long and joynt occupation cannot well be known or distinguished the one from the other in such case when that it appeareth to the Court that the plaintiff hath and ought to have Land so intermingled the Court doth award a commission to the Gentry of that County where the Land lyeth to enquire the certainty thereof and to set out the metes and bounds of the same and to certifie the Court thereof and in such like cases References and Commissions are awarded If at the day of hearing the plaintiff be ready and the Defendant maketh default affidavit is to be made of the serving the Defendant with process ad audiendum judicium and the Court will proceed to hearing and after the plaintiffs bill be opened the Defendants answer is to be read and the plaintiffs proofs whereupon the Court will decree or dismisse the cause or otherwise order that as shall seem fit but in such case the Court doth not use to make a decree absolute but to give a day to the Defendant to shew what he can against that at which day if he do come and endeavour to shew cause to stay the Decree and thereupon the Court doth proceed and further hearing the plaintiff may require costs for his double attendance by reason of the Defendants default If the Defendant be ready at the day of hearing and the plaintiff make default the Court doth dismisse the Defendant with costs except some good cause be shewed to stay that and if that be put over till another day the plaintiff is to pay costs to the Defendant such as the Court shall think fit When the Defendant is once served with process Ad audiendum judicium although the cause cannot be heard at that time or in that Term he must attend without any more process untill the cause be heard so long as the cause be continued in the bill of causes but if the plaintiff be negligent and will not endure to procure a hearing but desire to continue that in the bill to keep an injunction on foot or to stay the Defendants course at the common Law or in any other Court the Defendant may move for a dismission of the cause and the injunction may be dissolved and that he may have costs Also if the plaintiff after answer put into his bill will delay the prosecution thereof the Defendant may move to be dismissed with costs whereupon the Court will find a day to shew cause When a cause is ready for hearing if the plaintiff delay the prosecution or be negligent to procure a hearing the Defendant may if he will procure the cause to be set for hearing and serve the plaintiff with process ad audiendum judicium At which day if the plaintiff will appear he may proceed to hearing but if he will not the Defendant may be dismissed with costs and left at Liberty if there were any injunction or order to restrain him If a Defendant dye after answer put in and before the cause be determined the plaintiff may put in a bill of Revivor against the heir or Executor or Administrator of the Defendant as the case shall require and the Defendant in such bill of Revivor shall answer without oath because his answer is to no other end but to submit himself to the former proceedings and upon his answer the former proceedings are revived and shall stand in the same case as they did against the first Defendant that dyed and the plaintiff and Defendant may proceed further to bring the cause to hearing in that same manner as that should have been proceeded in if the first Defendant had lived and in like when the plaintiff dyeth pendent like After a decree is made and past against the Defendant if he hath other matter which was not in issue in the cause decreed which he supposeth will be sufficient to overthrow the decree he may exhibit a bill of Review upon that new matter to reverse the decree but he must perform the decree and yeild obedience to that and if the bill of Review do not contain good and sufficient matter the Defendant may plead the former matter decreed in bar of the proceedings upon the new bill and that is not sufficient for the plaintif in the bill of Review to produce new proofs though never so good that were not produced before but the matter must not be such matter as was not in the issue before and he may likewise exhibit his bill of Review of error in the former proceedings Sometimes the principall question between the partyes is such as admitting the truth of both sides yet it is doubtfull in Law to whom the Right belongeth so as the Court cannot make a decree untill the matter in Law be determined whereupon a case in Law is to be drawn and agreed upon of both sides and if there be any matter of fact necessary to be proved for the making of the case witnesses may be examined upon Interrogatories for that purpose and when the case is agreed upon severall Copies must be delivered to the Lord Treasurer Chancellor and Barons and is to be argued on both sides when and as often as the Court shall think fit and so be determined by decree or otherwise Sometimes when publication is over hastily gotten by the plaintiff before the Defendant hath fully examined his witnesses the Court upon affidavit by the Defendant that neither he nor any for him hath seen the depositions of the witnesses doth admit him to examine such witnesses as he hath to examine Upon hearing of a cause the Court doth allow Bills and answers and other pleadings and orders and decrees of the Chancery and other Courts to be read for evidence without any order of allowance but no depositions of witnesses taken in any other Court nor in another cause in the same Court without speciall order And somtimes but very rarely after publication of both sides the Court doth allow them to examine witnesses ad informandum conscientiam in which case the depositions that be taken are not to be published but onely seen by the Court. After a Decree is entred that may be enrolled and exemplified at the instance of either party or of any else that desire that If the possession of any Land be decreed against the Defendant the plaintiff may have an Injunction directed to him and all that claim under him commanding him and them to remove from the possession and to yeild the same to the plaintiff and his Assignes and if the Defendants disobey that the Court upon affidavit made thereof doth usually grant an injunction directed to the Sheriff to remove him and to
put the plaintiff in possession If a decree be in any thing disobeyed either by the plaintiff or Defendant or any other by their procurement upon affidavit thereof made an attachment is granted against such as have disobeyed another process of contempt untill he be brought into Court to answer his contempt and when he doth appear if he deny the contempt alledged against him in the affid he must be examined upon Interrogatories to be exhibited by the prosecutor of the contempt before one of the Barons which must be upon the points mentioned in the affidavit and he must be enjoyned by the Court to attend and appear from day to day untill he be examined and not to depart without license of the Court or if the Court think fit he is to be bound by Recognizance to the same purpose After he is examined if he have confessed sufficient matter of contempt the prosecutor must move the court to appoint a day to hear his examinations at which day both sides are to attend and such of the examinations to be read as are materiall whereupon if that appear to the Court that he hath ommitted any contempt worthy to be punished the Court doth commit him to the Fleet and may impose a fine upon him or not as the case requireth where he is to remain during the pleasure of the Court and untill he yeild obedience and submit himselfe to the Court to perform the decree or enter into Recognizance to perform the same if the Court so think fit and he is to pay such costs to the prosecutor as the Court shall taxe If the Defendant upon his examination deny the contempt supposed against him he may move the Court to be discharged with costs whereupon the prosecutor may desire to examine witnesses to prove the contempt either in court or by commission In which case if the prosecutor take a commission the defendant may desire to joyn in commission to see a due examination of witnesses but not to examin any witnesses except the Court doth specially order it so after which examination the Court doth appoint a day of hearing at the motion of the prosecutor or of the Defendant to convict or discharge the defendant as the case shall then appeare And the like course is held for punishing or discharging of contempts supposed against the process of the court if the case so require A Bill may be amended by order of the Court after the Defendant hath answered that upon payment of costs In all cases that are ordinary the Court doth use to have the counsell of both sides thereupon to make such order as the case requireth In every long vacation all the bills answers Replications Rejoynders and other pleadings are to be taken from the common files and all the pleadings in one cause are to be filed together with the Bill by him that is towards the Bill and to be entred in a booke kept for that purpose in the title of that County where the matter of suit ariseth and to be numbred and then filed according to the number on the file for the same County In cases of extraordinary contempts the Court doth sometimes send a Messenger or a Serjeant at Armes to apprehend and bring in the Offender THE TABLE Augmentation ARticles of the Court of augmentations 119 ad 129 When united to the Exchequer 120 Lord Treasurers power thereby 15 The Cheife Barons power thereby 28 Attorney The Kings Attorney his office place and power 39 63 88 ad 94 Accounts Scroul of accounts what and by whom kept 56 73 Forfeitures thereupon 59 Auditors of the Exchequer their office and duty 95 Attorneyes and Clarks in the Kings Remembrancers office 95 In the Pipe 96 In the office of pleas 97 Attachment in the Exchequer and when 139 Answer What time to answer in the Exchequer 140 B. LOrd cheif Baron of the Exchequer his office and power 23 24 26 27 How and where he giveth judgement 25 What he may do out of Court 26 Second Baron his office place and power 29 30 What accounts he may take 31 Third Baron his office place and power 32 What accounts he takes 33 Fourth Baron his office place and power 34 35 What accounts he takes 36 37 C. CHancellor of the Exchequer his office and place 19 20 Commissions awarded in open Court 25 Chamberlains two their office place and power 37 38 Communia what it is 60 Customer their aâ—counts where to be entred 73 Controller of the Pipe his office 85 Chamberlain Under Chamberlains two their Office and power 117 Crown Court of Revenues Sheriffs articles annexed to the Court of Exchequer at Westminster 119 Content of the said articles 119 120 and 129 Costs when and for what payable 139 D. DEcree who may make decrees in the Exchequer 567 Dies datus what 5658 De debitis plurimum what 71 De pluribus debitis what Ibid. E. EScheator Nomina Escaetor what 65 Their account where entred 72 English Bills in Exchequer and the proceedings thereupon 136 ad fin What may be sued for there and by and against whom 137 F. FInes upon informations by whom set and where t is chargeable 28 29 Who may be fined and when 61 Fifteens how to be accounted for and where 74 Fee-farm Rents upon whom chargeable 77 First fruits and Tenths the Remembrancer thereof 84 The Court thereof united to the Exchequer 129 The Articles of uniting 129 ad 136 H. HOmage respit of homage what 64 Fines for it and by whom payable 64 65 I. JUstices of Peace their wages how and by whom payable 81 82 M. MOney warrants for mony by whom made and to whom and for what 10 11 13 16 Marshall of the Exchequer his office and duty 104 105 Messengers of the receit their office 118 N NEC non ad ostendendum what and the progresse therein 62 Admittance thereupon by whom 62 Nomina Vic. What 65 Nihil Clerks of the Nihils his office 81 101 O O Blata what and upon whom chargeable 78 Opposer Forraine Opposer what and his office 80. 87 P PRoffers in the exchequer what to whom made and when forfeited 54. 55. 58. Rolls of proffers by whom kept 54. Pipe Schedula pipe what 66. Clerk of the pipe his office 66 67 Prests Auditor of the prests what and his office 83 84 Pleas Clerk of the pleas his office 86 87 Parcellmakers 2. their office and duty 99 Praysors of the Court who their office 106 Pelle Clerk thereof his office and duty 111 Pellis recepti pellis exitus What 111 Controller thereof his office 112 R. REmembrancer Kings Remembrancer his office duty and power 40 443 244 45 ad 53 Who are accountable before him 41 Treasurers Remembrancer his office place duty and power 53 ad 70 Records when to be made up cleer 69 Rotulus examinatus who 75 76 His office and duty 76 Receivers their office and duty 94 Receit Auditor thereof his office 113 ad 116 S. STreats by whom receivable 68 Clark of the Streats his office ibid. 69 82 Sheriff for what he is chargeable as to himself or predecessor upon account 71 72 79 81 Subsidies how to be accounted for and where 74 Solicitor Kings Sollicitor his office place and power 94 Surveyors their office and duty 95 Seal of the Court what 102 103 T TReasurer Lord Treasurer his office 217 How made 12 How far and to what his power extends in severall things 3 4 6 7 8 9 1 2 Tallyes joyners thereof their office and duty and cutters thereof 98 112 Tellers of the Exchequer four their offices and dutyes 107 108 109 110 U UNder Treasurer his office power 21 22 When first made and who 21 Usher chief Usher his office and duty 103 104 Ordinary Ushers their office and duties 105 W WOod Sales who may make them 10 Roll of Writs what and by whom kept 56 Wardrobe Magna guardrobe roll what 75 FINIS June 19th 1658. HAving perused this discourse of the Scripture's inviolable Authority Certainty and Truth I find it in its proportion as the Scripture it self is profitable for Doctrine for Reproof for Correction for Instruction in Righteousness and therefore Judge it very useful to confront the Blasphemy of bold Antiscripturists to confirm the weak in Faith and to raise the value of which cannot be overvalued the Holy Scripture in the hearts of all true Beleevers Joseph Caril Unto this attestation given by my Reverend Brother I willingly subscribe EDM. CALAMY
Item all Certificats returned upon any Commission issueing out of the said Court of Exchequer concerning anie first fruits Tenths or Subsidies aforesaid the valuation of any Benâ—fice or promotion spirituall omitted in the first Taxation or otherwise for any matter accustomed to be determined in the said Court of the Exchequer in the charge of the said Office and there to be ordered 19. Item all such Certificats as the Archbishops and other Collectors of the Tenths and Subsides of the Clergie made against the Incumbents resusing to pay their Tenths and Subsides being exhibited before the Court of Exchequer and by them allowed shall remaine in the Charge of the said office of the Remembrancer of the first fruits and Tenths in the place to be appointed for the same to the end that processe may be made against such Incumbents as be in them contained 20. Item that the same Officer shall yearly make a Leger of all Compositions of first fruits taken and to be taken wherein shall be contained the name and shire of the Benefice so compounded for the samm and name of the Incumbent Of English Bills and the proceedinges thereupon in the Exchequer AN English bil is a petition in English exhibited by the plaintiff to the Lord Treasurer Chanceller and Barons of the exchequer in case where the plaintiff supposeth he hath right to recover the possession of lands or goods deteined from him or debts due to him or to have remedy for some other wrong done to him by the defendant that he hath noe evidence nor specialty to shew forth nor can make any such proofe as is required by the strict course of the Common Law to recover or have remedy for the same but supposeth that it lyeth in the defendants owne knowledge and that he will confesse the same in his answere And in case where the plaintiffs sued at Common Law for the possession of any lands or for any goods chattells Debts or other things against which he can make noe sufficient defence by strict course of the Common Law but in equity and good conscience ought to be releived and get either wholly discharged or the extremity mitigated and moderated and supposeth that the defendant will confesse in his answere the truth of the matter by him alledged Every plaintiff that shall exhibite any such bill ought to be priviledged either in person as an Officer or Clerk of the Court or servant to some of them or an accomptant or Debtor to the king or otherwise or else in the cause as if that concerne the king in the inheritance possession or intrest of any lands tithes offices goods chattels or Debts wherein the plaintiff likewise pretendeth to have Interest in right of the King or if the plaintiff besued by English bill or action or extent or other proces in the same Court for the same matter The Kings Attorney also may exhibite English Bills in the Exchequer for any matter concerning the King in inheritance or profits and in like manner any person that findeth himselfe greived in any cause prosecuted against him for and on the behalfe of the King or any patent by grant of the King may exhibite his English bill against the Kings Attorney and such others as are interested in the cause to be releived in equity In which case the plaintiff must Attend the Kings Attorney with a Coppy of his bill and procureth him to answere the same and the Kings Attorney may call any that are interested in the Cause or any officer or others to instruct him herein touching the makeing his answer so as the King be not prejudiced thereby and his answere is to be put in without oath The parties in every such bill between party and party must serve the defendant with proces of Snbpena or if the defendant be a Baron of Parliament spirituall or Temporall with aletter under the hands of the Lord Treasurer Chancellor Barons or some of them whereby he must berequired to appeare at a day certain contained in the writ or letter proces of Subpena may be sued forth either before or after the Bill exhibited And if the Defendant do not appere at the day of returne of the writ then upon Affidav made of the servinge thereof an Atachment is made of course against him for his contempts and after an al. pl. atachment an attachment with exclamation and after that either a writ of attachment of rebellion directed to the sheriff or a Commission of rebellion directed to such Commissioners as the plaintiff wil name for which Commission there must be warrant of the court but when aletter is made to be sent to any Baron or Bishopps for apparance before the Bill be in and if he will not appear upon that then proces of Sub-pena must be served and upon default then proces of Contempt as aforesaid And the like course of proces is to be persued against the defendant at the suite of the Kings Attorney When the defendant doth appear if the Bill be not put in he may move to be dismissed with costs whereupon the Court doth usually give three or four dayes to the plaintiff to put in his English bill or the Defendant to be dismissed with costs upon a bill of costs to be Tendred by him to one of the Barons to be taxed And if the defendant do appear upon proces of contempt he must pay costs such as the Court shall think fit according to the number of the proces that hath been prosecuted against him but the ordinary Costs in ten shillings upon each Attachment After the defendant hath appeared he hath eight dayes of course to make his answer to the bill and if he do that not with in that time a Rule is given of course in the Book of appearance for an Attachment within fower dayes the defendants Attorney being called thereunto If the defendant do Demur upon the Bill for that neither the plaintiff nor the cause is priviledged for want of sufficient matter of the bill or put in a plea in Bar of the proceeding upon the Bill The plaintiff if he will maintaine his Bil must move the Court for a day to heare the Counsell of both sides and the Bill and Demurrer if need be if the Counsell do not agree in opening the matter If the defendant do plead any matter to bar the proceedings upon the bill other Then matter of Record of the same Court he must be sworne to his plea as he likewise must be sworne to his answere if he answere in the cheif of what quality soever the defendant be Except it be the Kings Attorney who answereth a bill against the King or a Corporatition who are sued by the name of theire Corporation Also if the defendant doe make an insufficient answere the plaintiff must put in his exceptions in writing and move the Court to give the defendant a day to amend or maintaine his answere in which case if the defendant be in Towne he is to take