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
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
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
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
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
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