notice by the Order and to perform the same But if he be gone before he is to be served with a Subpoena ad faciendum meliorem responsionem if his answere be over ruled upon heareing or an attachment made against him or an insufficient answere is to answere The defendant that hath dayes aforesaid either upon demurer plea or insufficient answere if he cannot maintaine the same but that the Court doth order him to make a better answere he must pay such costs to the plaintiff as the Court shall think fit if he do maintaine his demurer he is to be dismissed with costs If the defendant put in plea where in he pleadeth matter of record to disable the person of the plaintiff as outlawry or the like which is no bar to the matter but a delay of proceeding untill the plaintiff be inabled to sue he must together with his plea produce the record which warranteth the same If the Defendant after he hath appeared and taken a copy of the Bill findeth that he can not make answer to the same without sight of his evidence which are in the country far off or if there be more then one defendant and one or more appear and the rest do not appear and the defendants that do appear cannot answer without conference with the rest that are in the country upon Affidavit made upon such or the like allegations he may have time to answer untill the beginning of the next Term either in person or by commission as the court shall think fit Or if Affidavit be made that the Defendant is aged impotent or sick and not able to travell he may have a commission to take his answer and sometimes when the Defendants dwell far off the court in favour doth grant a commission without any Affidavit to take their answer in the country in all which cases where a commission is granted for the defendant the plaintiff may name one or two commissioners to see the defendant sworn to his answer a promise must be in the commission that the Plaintiff or his commissioners shal have notice of the day and place of execution thereof certain dayes before If the Defendant have matter to plead to an English bill and be not able to come to put that in upon oath he may by speciall order of the Court have a commission to take his plea and the plaintiff may proceed upon plea as upon answer if he think good but if the Defendant have the favor to take his answer or plea he may not after put in a demurrer If the matter of the bill be releived against a suit at or in the Ecclesiasticall court and the Defendant stand in contempt either for not appearing or not answering or if he desire to have a commission to take his answer the court upon the motion of the plaintiff doth usuall stay the Defendants proceedings untill he have answered another order thereupon taken either by injunction or order of the court If the Defendant be served with processe to appear to a bill and be in prison and will not appear or if he do appear and be in prison and will not answer the court doth usually order that he shall be kept close prisoner untill he yeild obedience to the Court. Quoere in the cause whether the Defendant hath appeared and will not answer as in the Chancery Star Chamber the Court will decree the matter against him for confessed that were to be seen if here be any order therefore made to the contrary in any argument or debate in the matter and what reason there should be of a contrary course in this Court After the Defendant hath answered or before if there be good cause the Court doth grant injunctions either by quieting of possessionor stay of suits at the common Law and the Ecclesiasticall courts untill the hearing of the cause also there be presidents for staying of suits in the star chamber and Chaneery and other courts of equity If the Defendant put in a demurrer with an answer over to the matter of the bill the plaintiff may proceed upon that to bring the cause to hearing and the Defendant at the hearing may stand upon the demurrer untill the Court do over rule that but after the answer put in the Court will allow no exception to the Jurisdiction When the Defendant hath fully answered the plaintiff may if he will go to hearing upon bill and answer and may move the Court to have a day of hearing appointed and serve the defendant with processe to attend the hearing In which case he must admit the Defendants answer to be true in all things as well in that which is denyed as that which is confessed If the Plaintif do not find matter confessed by the Defendant in his answer whereupon he may proceed to hearing without proofs then he must reply to the same maintaining his bil and denying and traversing the materiall points of the answer wherein he may also add such further matter as shal be pertinent necessary for him to prefer for the strengthning of his bill and avoiding the Defendants answer and must serve the Defendant with process of Subpoena to rejoyn to the said replication except the Defendant be ordered to rejoyn gratis as sometimes that is ordered when the Defendant hath the favour to have a commission to take his answer When the cause cometh to hearing upon bill and answer and the court seeth no sufficient matter confessed in the answer to proceed upon the Plaintiff may desire that he may reply and proceed to processe and the court allow him to do so especially where the Kings Attorney is plaintiff for the King If there be more defendants then one and they put in severall answers the plaintiff may reply to them all in one replication but if the cause of suit be joynt and some of them answer and others do delay their answers the plaintiff may not reply till all have answered for if he do he shall wave his proceedings against the rest and he cannot have a decree against some without the others Nevertheless if the causes of suit be severall the plaintif may reply and proceed to hearing with some and after return to proceed with the rest When the defendant cometh to rejoyn if here be no new matter in the replication he is to make his rejoynder of course to maintain his answer and it is not necessary that he should rejoin but for formality but if here be new matter in the replication he must rejoin specially to that and likewise if there arise new matter in the defendants rejoynder the Plaintiff must surjoyn and so as long as new matter doth pertinently arise in the pleading they must proceed with Rebutter and sur-rebutter untill every point materiall be put in perfect issue After they are at issue the plaintiff if he will may proceed to hearing upon Records and without examination of witnesses and the Defendant nevertheless may examine witnesses if
Question Hee directeth his Warrants to all the remembrancers as the case lyeth on any of all their sides for all manner of Commissions Processes and Injunctions needfull in the matters of the Court and when the case requireth speed hee writeth first his Letters therein and if hee thinke it good hee sendeth Commissions Processes and Injunctions after them and sometimes by the same doth undoe and stay that the Barons have commanded Judgement being not given Answer He directeth Warrants for Commissions and processe and so do others but they be taken and used as Acts of the Court and allowed and disallowed as they stand with Justice Hee sometimes maketh Warrants for injunctions to stay spoiles of houses woods and such like c. But for alterations of possessions from one to another Non auditis partibus or out of Court very seldome or never As for writing of Letters and after processe I thinke they have been few of late yeares and found almost fruitlesse For Super debile fundamentum cadit opus And of the undoing and staying of the Barons Commandements hee hath given sometimes stay for a time upon better information then they had but undone nothing but upon conference with them and with their Consents to my remembrance I have only seene these things done but not found them in any Record that I rember XIV Question Hee sendeth his Serjeant at Armes for all such as do disobediently set neglect or devise to disappoint the Kings Processe and sometimes hee sendeth him otherwise after his discretion for persons that are skipping aside erneed so to be stayed or to be sent for Answer I have not seen any Record that he hath sent a Serjeant at Armes for any man before the Lord Marquesse his time and that was done when ordinary processe would not be obeyed and that also very seldome But in the Lord Burleighs time the sending grew common against Sheriffs and Collectors c. as I remember I have seene in ancient Records that Serjeants at Armes have been sometimes and yet seldome authorised by commission to doe sundry services XV Question Hee alone giveth the Warrant to all men to have their Wine free of impost Answer Hee alone for any thing I know hath given all the Warrants for freeing the impost of French Wines yet I finde in Anno 1571. the impost was rated by writing under her Majesties hand wherein it was ordered that if any of reputation being good house-keepers were left out of the rates then it should be lawfull for the Treasurer and Chancellor to give allowance but how this authority hath beene put in ure I know not XVI Question He the Chancellor and Vice-Treasurer make all Warrants for wood sales Answer I have not seene or found any Record or otherwise that hee or any other of the Exchequer hath had any authority to make sale of the Kings Woods but by Writ or Commission under the great Seale and that also very rarely but by Article amongst the Articles for annexing of the Court of augmentations to the Exchequer viz. Article 27. there is a prohibition concerning the Woods of the Lands in the survey of the augmentation Court of this Tenor viz. No Wood sales to be made without a Commission from the Lord Treasurer and to such other of the Court as hee shall call unto him and in his absence the under Treasurer calling unto him two of the same Court and other Authority then this I have not seen but to the Court of generall surveyors which as I take it is since dissolved by the statute 7 E. 6 cap. 2. XVII Question Hee the Chancellor and Vice-Treasurer make all Warrants for mony to the Receivor of the shire for reparations of houses Sea-Bancks and water works where the same be And commonly he directeth his Warrant for a Commission to go out to enquire of the sayd needfull reparations and the charges of the same Answer All the generall Authority that I have seen to give warrant for reparations is by the Articles of annexing the sayd courts before mentioned Article 20. XVIII Question He directeth Warrants sometimes to make Commissions to some to be Receivors Surveyors and such Officers of the Revennues during pleasure under the Exchequer seale after any be dead or put out for any misdemeanors whilst the Kings Majesty be moved for the Bill assigned and to stay others from suing Answer He sometimes alone and sometimes with others hath made such warrants as is alleged and not without good cause as is there mentioned XIX Question He cheifly protecteth the Iurisdiction of the Court the Officers and all the matters of the same Answer The Jurisdiction Officers and matters of the Court be protected by the law and by the Authority of the Court and this Lord being the cheif doth cheifly worke in that matter like as in all other wherein he dealeth XX. Question He Commandeth and restraineth all the Officers and Ministers of the Courts and all others in the Kings Majegisty Causes and matters belonging to the same Answer He commandeth all to do their duties diligently justly and truly and restraineth all to do the contrary XXI Question He alone and the Chancellor Vicetreasuror and Barrons of the Court after his and their discretions do punish all the misdemeanors of the other Officers and Ministers of the Court and of all others that abuse the Court the Causes the processe and appendance of the same Answer I have seene by Records that the Court hath done punishments after divers manners upon the Officers and divers others but I remember none on Record to be done by him alone XXII Question He untill the late uniting of the Court of Augmentations and the first fruits and Tenths did use to sit and deale very little in the Court of Exchecquer but left all there belonging to him to be ordered by the Chancellor Vice-treasuror and Barons Answer I thinke this to be true but I have not seen any Record of it XXIII Question He alone or he the Chancellor and Vice-Treasurer do allow at the Liberate every Hillary and Trinity Terme such summes of mony out of the Exchequer as to them seems good for any bodies considerations about the service and charges of the court or Revenue of the same as by the leiger privy Seale in the receipt he and they are authorized so to do Answer He and the under treasuror or one of them alone without the Chancellor do give these allowances in such terme or time as they see cause by vertue of the privie Seale in the Article mentioned and for this purpose the Articles of the annexing of the Augmentation Court Article 20 may be considered XXII Question He alone by the Articles of the late court of Augmentation and the first fruite and Tenths annexed to the Exchequer may do something alone and something he with the Chancellor and under-treasuror the Chamberlaines and Barrons of the Exchecquer or three of them and some things he with the Court and some things he
he will in convenient time or if there have been any former examinations in the same cause either between the same parties or any other under whom they claim either in the same Court or any other the plaintif or the defendant may move the Court and desire to have them allowed to be used for evidence at the hearing in which case the Court doth give a day to the other side and upon hearing of both sides do allow or disallow them as is then thought fit and accordingly they may prepare themselves for proofs more or lesse When the defendant is served with process to rejoyn and doth not appear the plaintiff upon Affidavit made in the Term time of serving the process if there be no new matter in the replication may have a commission alone if the defendant will not joyn within a certain time and then the plaintiff may have a commission to such as he shall nominate to examine his witnesse If both parties joyn in commission then either side is to name indifferent commissioners and each party to choose two of the four named by the other and the commission is to be directed to those four agreed upon and the plaintiff is to have the carriage of the commission and is to give fourteene dayes warning or such other warning as is agreed upon of the day and place of execution thereof except there be day and place appointed in the commission which sometimes is done by agreement of the parties or by order of the Court. If the one side wil examin witnesses by commission and the other will not yet he that will not examine may joyn in commission to see an indifferent examination if he will and to that end shall have warning of a day and place If the Defendant make default and do not joyn in commission at the first yet if he come afterwards and can shew any reasonable cause why he did not joyn before the Court will allow him to examin his witnesses in reasonable time or if a commission be taken out by one or both sides and not executed but in part executed where there is no wilfull default in the parties but by some other accident the execution is prevented the Court upon motion and proof of the allegations will grant a new commission but if either party will wilfully neglect to examin for delay and to gain time or to hearken and learn what hath been examined and proved on the other side that he may the better prepare his witnesses and interrogatories for a crosse examination in such cases the Court will give no favour to the party that shall so willingly or purposely be negligent In such case where the one side hath examined all his witnesses and the other hath not but hath the favour to have a new Commission that party that examined may joyn in a new commission without charges to see the Examination As the parties may examin their witnesses before Commissioners so they may likewise examin before the Barons in Court such witnesses as they have in town at any time before publication and they may have process of Subpoena to bring their witnesses before the Barons to be examined and the like process or the Commissioners Warrant to bring their witnesses before the Commissioners the names of such witnesses as are examined in Court must be delivered by either side to the parties or their Attornyes in Court before their examination to the end that either side may exmin him if they will The partys that will examin witnesses must prepare their interrogatories ingrossed in parchment to be exhibited before the Commissioners the Baron before whom they will examin before any examination can be had which interrogatories must be drawn according to points in issue by the bill and answer and other pleadings and they must not examin upon any thing that is not in the pleadings if they do that is to be surpressed and there must be no alteration of any interrogatories nor addition of any after the first examination but if there be further examination that must be upon the same Interrogatories that were first exhibited and if any examination be taken otherwise it must be suppressed whether it be by commission or in Court except it be so appointed by some speciall order of the Court. If a witness be examined of one side and after be served with process to be examined on the other side and do refuse to be examined the Court will not allow his depositions to be used because he hath shewed himself to be partiall After the witnesses be examined there must be order for publication of their depositions either by consent of both sides or by motion of the one side and a day given to the other side to shew cause why they should not be published and the cause heard at which day if nothing be sayd to the contrary they are published and the cause is to be set down afterwards for the hearing at such time as the Lord Treasurer and the Barons shall appoint After the day of hearing is set down the Plaintiss must serve the Defendant with process of Subpana Ad audiendum judicium returnable at a day and place appointed for the hearing and in the mean time either party is to prepare his breviates of his pleading and proofs to instruct his counsell At which day the bill of causes is to be made ready and delivered to the Lord Treasurer Chancellor and Barons in Court wherein the causes are to be set down in order as they were appointed and so the Court doth call for them as they lye in the bill and if both sides be ready to proceed to hearing the Plaintiffs counsell opening the materiall parts of the bill and the Defendants counsell opening his answer and after debating thereof on both sides for the full opening to the matter in question the plaintiff is to make his proofs which are to be read by his Attorney in court and the defendant is to do the like whereupon the Court doth judge Secundum allegata probata as if there be good matter alledged and set forth in the bill and replication and sufficiently proved there by confession of the defendant in his answer or by witnesses Records or other evidence which cannot be disapproved by the Defendant the Court doth make a decree for the plaintiff but if there be good matter set forth and not proved or good matter proved but not set forth in the pleadings the Defendant and the cause is dismissed Sometimes the cause is dismissed upon opening for want of sufficient matter or for that it is meerly tryable at the Common Law and sometimes when there is both matter of Law and Equity the matter of Law is referred to a tryall at the Exchequer bar and the equity of the cause is retained untill the hearing and sometimes when the question is touching accounts and reckonings which are intricate the cause is referred to auditors or Merchants by Commission to examin
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
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
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
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 Onâ—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
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
the Conquerors hands after he had given away asmuch as pleased him at his Entrie The second seemes to be those lands tenements Rents services and profitts which came to the Crowne afterwards by Attainders Forfeitures and seizures most of which where they be are not known to the Sheriffs of the Realme but yet many of them are gathered up in rents by their Bayliffs as knowne to them by tradition and succession and so are either payed or made up by them to so much as he is charged with yearly in the Pipe Farme Rents and services HE after this doth Charge him with the Fee farme Rents and services of the shire but are reserved there and drawne downe into the great Roll out of the yearly originall of the Chancerie streated as afore into the Treasurors Remembrancers office which Clerk of the Pipes Secondarie is bound from time to time and from Roll to Roll to peruse and finding in the same any yearly Revenue Reservation profit Remainder or Revertions reserved to the Crowne he draweth them downe into the great Roll and maketh Charge thereof in the Shire where they be so as ever after where they be payable they be yearly summoned out before by the Controller of the Pipe to the Sheriff of that Countie And all the said Remaines and Reversions are conveyed into the Roll of the Reversions that is another Book in the Pipe and made from time to time that when any of them do revert a gain into the Crowne are to be put into Schedula Pi. that is mentioned before the Treasurors Remembrancer make out the Writ of Reversion to enquire thereof and to seize the same Oblata or old Debts HE maketh oblata the next title of the Charge of the Sheriff with the old debts brought as it were together from precedent yeares and be written from other Rolls to the Sheriffs of that yeare and after that title he setteth to his Charge Nova oblata which be as it were new debts brought together and drawne downe from Customers accounts or Escheators accounts or recovered and set downe from some one of the Remembrancers sides or other Records or grounds of the Court and have their names belike of Oblata upon the same that are so brought together He after the forraine Opposer hath made up the scroule and summe of the greene wax of every Sheriff in the severall titles the same doth arise and it is delivered into the Pipe doth make up the next Charge of the Sheriff Viridi Cera which riseth out of the streats of the Fines issues and Amerciaments that came from the Kings Bench the Common pleas the Justice of the Peace the King or Treasurors Remembrancers side He straight after this doth Charge every Sheriff with his Casualties which are all manner of Debts of Casualties and Releifes Fines Amerciaments upon the Sheriffs debts recovered and such like as are drawne downe either from anie Record of anie of the Remembrancers of the Eschequer or from anie other ground matter or seizure of the Court and be so brought together And the Sheriff Answereth as he hath Cause to every summe viz. such a summe within liberties and sheweth whose they be Then the forraine Opposer setteth against that summe the name of the Owner of the liberties and if he have the same in Claime by Ancient President either knowne or certified to the sorraine Opposor out of the Pipe he giveth the Bayliffs of the liberties allowance thereof and maketh Clamen in the margent in the originall Record against the summe otherwise he maketh speciall tot against the same summe thus or or in which pricks and by which pricks of use he knoweth whose liberties the same pricks do meane Then the Sheriff going on and saying to another sum tot the forraine Opposor marketh it in the margent in the originall thus without pricks and so that is a Charge to the Sheriff onely And after the Sheriff saying to another Summa nihil the forraine opposor doth marke also against the Summa in the Margent in Rottulo 21 or 13 as the Streate is of the yeare of the King Whereof the opposall is and he goeth through that originall record his whole libertie of the rest of the Sheriffs greene wax streated unto him and marketh every summe in such wise as before He afterwards maketh the Sheriffs scronle in parchment of all the totalls with pricks casteth up the severall totall sums if they be in severali natures where any Δ ' with pricks is wthin any such totall sums as for example A. B. Vicecom pred oneratur minit exitus twenty pounds to pull off the ' Δ with pricks from the Sheriff he saith immediately after that totall Summa C. quibus C. D. ball libertat C. F. venit per G. H. Attorn suum et V. inde 51. et sic debit fifteen pounds and so every Bayliff from the said scroule is charged in the great Roll with the ' Δ with pricks where it concerns and the other without pricks is charged in the same Roll to the Sheriff himselfe only He saith that he leaveth the Nihils that be marked in the Margent of the Originall Record in Rotulo 12. or 13. as aforesayd for the Clarke of the Nihils to write out by his sayd markes in R when they be delivered againe into the Clerke of the Streats Office He alloweth to the Sheriffs the Justices of Peace wages of his Shire out of the Fines and Forfeitures before the Justices of the peace thereof if the Streat will bear them layed out before the Sheriffs for the Justices wages according to the Statute of the which allowance and of the particular names of the Justices the sayd forraigne opposer doth deliver a Roll into the Pipe for the Clarke of the Pipes Warrant to allow the same wages to the Sheriff Clarke of the Streats IS the Officer that receiveth yearely out of the Treasurers Remembrancers Office all the Streats of the Kings Bench the Common pleas the Justices of Assize the Justices of the Peace the Kings Remembrancers side his hand from time to time made in the sayd Roll of the Streats there restifying the receiving of the same He writeh out yearly all the sayd Streats to every Sheriff of England as they in every shire at the two Liberates of the Exchequer that be every Hillary Terme and Trinity Term for to levy and to answer all the summs of the same Hee maketh Schedules in parchment under his hand agreeable with his Streats sent out as before with the summs of the same truly totalled when any Sheriff will make petition to be discharged of any sum in the same by good matter offered The Auditors of the Prests BE they that take the old great accounts of the Exchequer as Ireland Barwick the Mynt the Loan the Wars the Ships the Provisions the Hamper the Ordnance the Clerk of the Works and such like remembred before who now declared the same before the Lord Treasurer the Chancellor and under
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
He is then ordered to pay into the Receipt according to the Statute upon the determination of his accounts or is respited by the said cheife Officers as they see cause for the same The Receivers BE onely of the late Augumentation Revenue united of late unto the Exchequer who receive by Statute of all tenements the Rents reserved upon any the said late lands and likewise the Rents of the Farmers and all such moneys as the Collectors Recyes Bayliffs Ministers of the said Revenue do gather up within their Schedule receits as either payable halfe yearly or found due upon account They pay all Pentions within every of their receits and are bound to pay all their money found due upon the determination of their accounts according to the Statutes in that hehalfe made or they forefeit their office and they and their Sureties are extended besides The Surveyours BE onely of the said Augmentation Revenues and now are commonly put into Commission for the king that go into these Shires where their Offices do lie and besides are ordinarily appointed if they have any skill to survey such Mannors lands and Tenements as the Court hath occasion and doth think meete from time to time for any cause to be surveyed The Attorneys and Clerks of the Kings Remembrancers Office ALL those that are conmmonly retained by the parties in all suits and matters of the Office to appeare and Answer the Court for them and to follow all things in Court belonging thereto but yet in such order that according to their Oath they do nothing uncomely or secretly in perjudice of the kings Majesties right and title but that which is orderly usuall and justifiable in open Court and besides every of them doth from time to time that which belongeth to his place and senioritie in the Office aforesaid The Attorneys and Clerks of the Pipe HAve assigned unto them and every of them speciall certaine Shires of the Realme by the order of their Office according to every of their Seniorities to the which every of them are toward and likewise to all the Accomptants of their owne Shires and to every matter in the same whereby one of them medleth not with anothers Shires but every one of them are retained for the Clyents discharge and to bring every of them his Quietus est but yet as he doth nothing uncomely or untruly to hinder the Kings right and then besides every of them doth in the Office what to his place Anciently appertaineth The Attorneys and Clarkes of the Clarks of the Pleas Office BE they that be retained betweene partie and partie in all suits commenced or depending there who are in all orderly wise to follow their Clyents Causes and to make their Pleas Answers Replications and Rejoynders upon the same for learned Councell to Consider and to do nothing therein but what is lawfull comely and usuall in the Court and every of them doth besides that as belongeth to their place in the same Office The joyners of the tallies BE the second Deputies of the Chamberlaines for that purpose and are sworne at their Admittance to serve truly who from time to time receive out of the receit the Foiles of all Tallies stricken there for any manner of person and file them straight upon a string which so filed are kept under both their keys in their Chests and when anie man bringeth any stock of those to be joyned that must be first done ere they can be allowed in the Pipe The said two Joyners seek straight out the file of the same where it is filed and taking it off do see if the stock and the file do agree in hand letter and joyning and be without suspition and then do they prick them both usually with such markes with their marking Iron as usually sheweth the stock to be joyned then with the same tallie and the day of the joyning thereof is entred in a Book with the letter and summe thereof and afterwards that tallie ie filed anew in the Terme that it is joyned and so kept And then one of the said two Joyners delivereth over the stock that is joyned into the Office of the Pipe and that partie never handleth it after and so it cometh to allowance The two parcell makers BE the Officers that gather out and make the parcells of all the Escheators accounts and be appointed to receive under their hands out of the Treasurors Remembrancers office sett downe in the Roll of Streats there all Transcripts of Offices sent yearly thither out of the Chancerie that be found by anie Escheator through the Realme Then they are to make the parcells of any Escheators accounts in any shire they do call for the precedent account of the Escheator that was the yeare before of that Shire out of which they gather first the parcells Veterum Escaetorum that were in the said last yeares account and continued still undischarged and set them downe in long Rolls of parchment of fullness of letter yearly value tenure and state as they be in the precedent account and came from the Office out of which they were drawne first then they gather the parcells of the new Escheators owne Offices he found in his time and set them downe in the same Roll in like fullnesse of letter yearly vaue tenure and State as they appeare in the same offices which roll is incituled thus Particular account A. B. Escaetor Com. Canc. Middlesex c. from such a day c. And then in the margent of the Roll where the parcells do begin there is Veterum Escaetorum and so be these parcells still Conveied downe and being ended then is sett in the margent of the Roll againe Nova Escaet against the first parcell beginning with going downe and ended there is sett in the margent of the same roll Ter. tenem catal attinct utlegat felon fugitivors whereof the parcells be conveied if there be any but commonly is set against that title eleven pound and they be Veter Escaet nova Escaet totalled up by themselves by the parcell-makers which be the whole Charge of the Escheator And they delivered those parcells so summed up to the Auditor to whome such Escheator is assigned and by the Marshall and he Verbatim accordingly doth ingrosse up his account which passeth further on in the Court as before is declared The Clerk of the Nichills IS the Officer that repaireth to the Clerk of the Estreate every year and seeth what Nihills be marked in Rottulo in the whole Liberate of the greene wax sent out that year which Nihills be issues that the Sheriff that is apposed doth say be nothing worth and illeviable for the insufficiencie of the parties that should pay them whereupon the Clerk of the Nihills doth write them out in a roll of parchment and setteth them in the Court where they lie and under the titles of those Streats from whence they come and where they are marked as afore in Rottulo which
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
of the said Auditor likewise subscribed into the office of the Pipe within the said Court of Exchequer before the twentieth day of March then next following as further processe thereupon may be made if cause shall so require 10. Item that the Lord Treasuror Chancellor Chamberlaines Under-treasuror and Barons or three of them whereof the Lord Treasuror to be one and in his absence the Under treasuror shall have full power and Authoritie by their discretions from time to time to give Allowances aswell to the Farmors and Accomptant for the yearly reparations and other Allowances as also to every person and persons that shal be hereafter appointed by them or by the more part of them for the doeing and executing of any processe or other thing concerning the premisses 11. Item all Records of the said Court of the Augmentations that doth concerne exemtion of any processe for Indentures Recognizances obligations and all records of Books of orders and decrees concerning the premisses shall remaine in the Charge of the Kings Remembrancer of the said Exchequer in such place or places as by the Lord Treasuror and the Court shal be from time to time appointed 12. Item that all Commissions for woodsales and Commissions for survey of any part or parcell of the premisses shall be made hereafter by the Treasurors Remembrancer of the Exchequer 13. Item all records and Books of the said Court of the Augmentations of the Inrollment of Leases and the Counterpaines of the said Leases and Warrants for making of the same and all accompts that shall remaine in the said Court concerning anie thing or matter within their old order and survey of the same shall be and remaine in the Charge of the Clerke of the Pipe of the said Exchequer in such place as the said Lord Treasuror and Court shall a ward so that processe may be made upon them Unde superius as long as the case shal require 14. Item that all sealed Evidences Rentalls Court rolls and other writings and miniments whatsoever touching the said Revenues be placed in the Treasurie howse that shal be appointed for that purpose by the Lord Treasurer and others the head Officers of that Court. 15. Item Accounts to be taken every yeare and the Ingrossments in forme as aforesaid to remaine in the Charge of the Clerk of the Pipe in such place as shall be appointed by the Lord Treasuror and other the head Officers of that Court amongst the Evidences and the records of the Revenue of the land severed from the Ancient records of the Exchequer 16. Item that all Stewards of Leets and Courts shall yearly double their Court Rolls in parchment and certifie one part thereof subscribed with the hand of the Receivors before the Audit into the Court of Exchequer wherein should be contained the Fines made among the Customary Tennements the Heriotts the Amerciaments the woodsales and other Casualties with a declaration of needfull reparations presented by the Homage making thereof a Streat to the Sheriffs of the Shire or to such other Accomptant as shal be appointed to the receit thereof as he may thereupon make his receit and payment upon the end of his account and that noe reparations be made at any time but by Warrant from the Court under three of the Officers hands whereof the Lord Treasuror or Under-treasuror to be one And the other part of the double of the said Court Rolls to remain in the Lordship where the said Courts be kept 17. Item no woodsales shall be made without a Commission from my Lord Treasuror and two such others of the Court as he shall call to have at that time and in his absence the Under treasuror calling to him two of the said Court 18. Item that noe Steward Bayliff or Woodward be admitted but onely by the Lord Treasuror Chancellor and Chamberlaines Vice-treasuror and Barons of the said Exchequer or three of them at the least whereof the Lord Treasuror or Under-treasuror to be one of the same Officers to passe under the Seale of the Exchequer by the Lord Treasurors Assignement under his hand and the same Bill or Bills to be made in the Office of the Pipe there to be entred of Record filed and kept for the yearly Allowance of the Fees wages and rewards of any person or persons as hereafter shall be appointed to any of the said Offices 19. Item the Accounts of Hamper the Butierage the Staple of Callis and the Revenues of the Courts there the Prises the Mints the great Guardrobe the Customes of the Ports of Chester Barwick and Callice to be yearly taken and ingrossed by the Audi tors of the said Exchequer according to the Ancient lawes of the said Court and as heretofore they have beene accustomed before the Erection of the Court of survey and Augmentation of the Revenue 20. Item where in times past there hath beene continually 6. Auditors serving in the said Court of Exchequer whereof at this day and of long time hath beene remaineing but 5 having ten pounds for every year for his fee it is now ordered that there shall be seven to have yearly twenty pounds for his and their fees and that every of the said Auditors be personally resident upon his Office 21. Item That every Teller of the Receit be likewise attendant upon his Office to execute the same in his own person and not by Deputy upon the losse of his Office and fee. 22. Item For that the order establishment and uniting of this Court be perfectly established with exercise proof and experience of the same the Kings Highness is pleased that the Lord Treasurer and the said Court of Exchequer should have full power and authority from time to time to amend reform and correct any clause or Article aforesaid and to add to or diminish any thing that shall be found necessary for the amendment of the same and to make such further orders from time to time as to the Court shal be thought expedient 23. Item That all Rents and services reserved be answered in the said Court of Excheequer and paid in the said Receipt and likewise all debts arrerages of accounts and other dutyes and summs of mony which have been answered in the said Exchequer be payd in the sayd receipt 24. Item To call into the Court of Exchequer all persons accountable in such manner and form as they ought to have been called in the said Court of augmentation 25. Item That all Records of late being in the sayd Court dissolved and belonging to the same Court shall be recorded of the same court of Exchequer and of the same force and strength as they were in the said late Court dissolved 26. Item A Leagure to be made of all specialties brought into the said Court. 27. Item That all Letters Patents Grants Leafes and other Assurances made by the sayd late Courts dissolved shal be of the same force and strength as they were in the sayd late Courts dissolved The Articles of
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
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