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
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
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
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
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