CONSIDERATIONS For regulating the EXCHEQVER In the more timely answering better husbanding and more orderly and safe conduct of the Revenues of the Crown into his Majesties Coffers as hath been heretofore used by Sheriffes And for freeing the Subject from all unjust vexations concerning the same With the Causes and Remedies of the inconveniences which have been occasioned by the breach of the Lawes and ancient course of the Exchequer As also for the better enabling and easing of Sheriffes in the execution of their Offices and passing their Accompts Per C. Vernon de Scaccario Dom. Regis Printed by Tho. Harper and are to be sold by Matth. Walbanke Lau. Chapman Wil. Cooke and Ric. Best 1642. TO THE RIGHT HONOVRABLE SIR IOHN CVLPEPPER Knight Chancellor and Under-Treasurer of his Maties Exchequer one of his Maties most honorable Privie Councell and one of the Knights of the Shire for the County of Kent this Parliament May it please your Honour I Have here adventured by the truest Copies I could meet withall to doe my best in these times of wished reformation to represent and set foorth the portraiture of the Exchequer as it was in its first institution and best perfection so neere to the life as I could sitting so farre off To the end it might by a right understanding thereof be restored to its ancient forme and proper working In the description whereof as it was in its said first institution and perfection the great wisedome and providence of our Ancestors will appeare principally in these three points First that no one Officer was to bee trusted alone in the receiving charging discharging or issuing forth of the Kings Revenues In that the Annuall or Great Roll of the Exchequer being the Lord Treasurers Roll and of so great esteeme in all ages as that it hath been the Center and Repository wherein to all the Revenues of the Crowne as well in the Exchequer as from all other Courts were and still are to be reduced was not intrusted with the Lord Treasurer alone but the Chancellor of the Exchequer by his Substitute or Deputy is designed and appointed to write and keepe a double or counterpart thereof for controlment sake The second point wherein their great wisedome and care appeared was In that as no Rent or Debt was to be charged in the said Annuall or Great Roll upon any the Kings Subjects but by good and just matter of Record so the same being once charged was not to be discharged againe or to bee set and posted of de anno in annum or otherwise prolonged but by like matter of Record lest the same might thereby grow desperate or become a grievance to his Majesties subjects And the third and last point was In that for avoyding of all superfluous and un-necessary charge to the Crowne and subject by having over-many hands in the Kings Purse they did provide and fore-see that the Exchequer should not be charged with moe persons then was necessary And to that end that the Sheriffe of every Shire and County should bee the constant Minister for leavying and bringing in the Rents and Debts belonging to the Crowne Which Rules if they had been observed and continued in the Exchequer according to their said first institution many great losses and inconveniences which have beene occasioned both to the King and Subject by the breach and discontinuance thereof might have been prevented as in the insuing Treatise will appeare The causes which moved me at this time contrary to my my owne will and approbation as knowing my owne insufficiencie to publish this Treatise so unworthy of such and so great a subject as this is were principally these which follow namely First that such unperfect Copies upon this subject as had at any time come to severall hands under my name might bee rectified and put into some method of coherence conducing to the worke intended A second cause was to give satisfaction to some of my neere friends who by their importunities over-hastily before I could well deliberate thereof thrust mee forward to doe it as conceiving I might give some light and furtherance thereby to the great worke intended for the establishing and ordering of his Majesties Revenue and the cutting off and taking away the superfluity of expences and abuses of Officers concerning the same And in the last place I was the rather induced to give way thereunto in regard I speake nothing of my selfe but what I have authority for either by good matter of Record or from the Lawes and Statutes of this Kingdome That which now remaines on my part to be desired is That your Honour being at this present in the vacancie of a Lord Treasurer the chiefest Officer of the Exchequer and one in whom his Majesty upon contemplation of your owne worth hath reposed so great a trust and superintendencie over his Revenues will be pleased so farre to patronize these poore Indeavours of mine howsoever performed with great weaknesse and want of judgement as upon reading over the whole and weighing the severall Authorities Proofes and Reasons which are therein cited and set downe for warrant and confirmation thereof they may for the matter bee found worthy of your acceptation And as there is a fitnesse of Dedication from me in this kinde due to your Honour in respect of your high place and authority in the Exchequer so more particularly for your Noble favours already shewed to mee and mine whereby I am obliged and must ever acknowledge my selfe to be Your Honours most humble and devoted servant Christopher Vernon Although the Printer used great diligence in the review and examination of his proves before hee committed the same to passe the Presse yet because he was not wel acquainted with my hand nor with the Exchequer termes some mistakes happened one time when I was absent In regard whereof the understanding Reader for his better satisfaction of those mistakes and omissions is desired that bee will first cast his eye over the Errata in the end of this Booke Considerations FOR Regulating the Exchequer c. THE Court of Exchequer is one of those foure Courts at Westminster which Chancery Kings Bench. Common Pleas Exchequer in the common opinion had their beginning by the fundamentall lawes of this Realme time beyond the memory of man And for the due answering and managing of the Revenues of the Crown both certaine and casual The said Court hath been supported with great and ancient priviledges and high authority by and under the survey rule and government of a Lord Treasurer Chancellor Vnder-Treasurer Chamberlaines and Barons of the said Court. And that the said Court now is and hath been anciently distinguished and knowne by the Superior or Vpper and the Inferior or Lower Exchequer The Superior being also knowne by the Title of Scaccarium Computorum And the lower by the Title of the Receit where the Kings moneyes are paid to certaine Tellers and Tallies stricken for the same for discharge of such Farmers
the said great Rolle after the title of Nova oblata And the said Treasurers Remembrancer out of his Office makes forth Writs of Distringas to all Sheriffes against the Kings tenants for preserving of his Majesties tenures and services Writers of Distringas and the Issues thereupon returned by the said Sheriffes in every Shire certifieth to the Clarke of the Estreats twice in the yeare to bee by him sent forth to the Sheriffes in the Summons of the Greenwax And for the fines due to the King for respiting the homage of his tenants the said Treasurers Remembrancer chargeth himselfe with all those fines which are drawne into the Pipe and by him answered unto the receit as also for all the Castle ward rents in severall Counties payable to the Castle of Dover Stat. anno 32. H. 8. And the Kings Majesties Remembrancer in his Office recordeth all fines and other debts sent into his Office out of any other Court and recovereth all such Recognizances Amerciaments fi fac of Sheriffes moyties of forfeitures about custome causes or upon penall Lawes and the like and sendeth the Records thereof into the Pipe and also of such Bonds and Obligations as are forfeited and recovered for the King to be from thence drawn downe and charged for his Majesties service in the said great Rolle And also maketh forth the writs of Distringas against all Accomptants whose names are to be entred upon the States of Accomptants in his Office as well the Master of the horse the keeper of the Warderob Treasurer of the Chamber Treasurer at Warres Treasurer of the Navy collectors of Subsidies and Customes and all receivers of the Kings Revenues and other Accomptants whatsoever who are to make their accompts in the Exchequer and against such as have had any money imprested to them for the Kings speciall service and the like to see Issues returned against them untill they shall perfect their said accompts before the severall Auditors thereunto assigned and enter the same upon the Rolle of the States of Accomptant in his Office and before the Treasurers Remembrancer upon the Rolle of Viewes in his Office from whence the said accompts after they are declared before the Treasurers and Barons of the Exchequer and so entred as aforesaid are also to be sent into the Pipe there to remaine as the Kings and Subjects evidence upon record for ever as also to the end Proces may bee made from thence for such supers and debts as are therein depending And all such Issues as are lost by any of the said Accomptants for their not accompting in due time and by the Sheriffes returned upon the said Writs of Distringas sent from the said Office of the Kings Remembrancer are in like manner twice in the yeare to be estreated to the said Clarke of the Estreates to be by him sent forth in the Summons of the Greenewax accordingly In his Office also is kept the red Booke of the Exchequer being an excllent Treatise of the ancient Rolles and Lawes of the Exchequer conceived to be collected by Gervasius Tilburiensis tempore H. 2. which book is commonly sent by the Cursiter Baron into the Kings Bench and Common Pleas or in the Tearme time to remove any matter sued there against any Officer Minister or servitor of theirs or any Accomptant there that prayeth his priviledge in due time upon which red booke so shewed and the party testified by the Baron to be of that Court as aforesaid his priviledge is usually allowed And both the said Remembrancers doe make forth copies to the Auditors of all Seisures made by Sheriffes for any debts or by reason of any Alienations Outlawries or other duties to the King upon the writs sent out of their Offices to be by the said Auditors respectively charged in the said Sheriffes forraine accompts In which their said forraine accompts the said Auditors which take these accompts are to enter the particulars where with every Sheriffe chargeth himselfe for the goods and chattells of fellones outlawed and attainted persons waifes estraies and the like according to the ancient course of the Exchequer And for that there may be some just cause of discharge of the Sheriffe and debtor by an absolute exo or of the Sheriffe for his yeare by an exo de anno of some part of the Seisures and Issues charged in his said forraine accompt or of some other part of the debts or farmes charged upon him in the said great Roll of the Pipe or of some part of the Greenwax moncies charged upon him by the said forraine Apposer as aforesaid as for instance There may be some just cause for discharge of the Sheriffe and debtor by an absolute exo upon his accompt of some seisure debt or duty charged upon the said Sheriffe as aforesaid in regard there was a preconveiance of the land by the debtor bona fide before the debt grew due to the King or that the debt or duty for which the said seisure was made is fully satisfied and answered to the Crowne or for that the like debt or duty it selfe is absolutely to bee discharged by plea judgement gist or grant from the Crowne or by some other good matter of record And as there may be just cause for an absolute exo to the Sheriffe and debtor so there may be as just cause for an exo de anno to the Sheriffe upon his accompt of some of the seisures and debts charged upon him as aforesaid either in regard the lands in seisure are in the Kings hands by reason of the minority of the heire or owner of the said lands or for that the said lands were made in Iointure or in Lease for terme of yeares or life before the debt grew due or the like in all which severall cases the Lord Treasurers Remembrancer upon sight of such good matter of record or other such just cause allowed of by the Court as aforesaid is upon the desire and petition of the Sheriffe to bee discharged thereof upon his accompt to rule severall petitions to every Sheriffe upon his or their said accompts respectively for an absoute exo or an exo de anno for the same as the case shall require which is to be by him alledged and set downe to every petition accordingly howbeit the said Treasurers Remembrancer is not to rule any such petition for an absolute exon or exon de anno to any Sheriffe of or for any Seisure Farme Debt or other summe of money whatsoever but of such onely as shall fully appeare to him either by the Sheriffes forraine accompt it selfe or by some Constat or Certificate in parchment under the hands of the Clerke of the Pipe or Clerke of the Estreats respectively to be part of the Sheriffes charge so charged upon him in his accompt in the said great Roll for that if such petition should be allowed to the Sheriffe of any summe being no part of his charge the King should lose and bee defrauded
still bee continued in the new way out of the old Channell and be brought in by Receivors and Bayliffs as they now are at so great a charge and hazard by keeping so many hands in the Kings purse I conceive the Sheriffs nor any other officer that hath not some aime at his owne private benefit more then his Maties service will desire the alteration thereof for any ends of his own or any ill will to those officers but freely to leave it to the wisdome of the King and his great Councell who have declared their purpose for establishing and ordering the Kings Revenue and for redressing the abuses of Officers and cutting off all superfluity of expences concerning the same But if the said superfluous officers shall be dispenced withall to continue then that it may be with the cautions formerly mentioned viz. That the Receivors may bee yearly sworne to their Accompts in the Exchequer according to the ancient usage and ordinance in An. 1 Mariae Regine That their accompts after they are declared and entred with both the Remembrancers be by the twentieth of March yearly delivered into the Pipe for further proces to be made thereupon for the supers and debts therein depending according to the said Ordinance Hil. Rec. ex parte Rem Thes an 1 Mariae Art 9. And no messengers to be hereafter imployed about the same for the reasons formerly alledged As also that no proces bee made by the Treasurers Remembrancer for any Debts or Arrerages supposed to be depending in any of the said Accompts by any Constats or Certificates from the Auditors but from the Accompts themselves so as they may bee under the same controlment as before c. And lastly that all the said Receivors Tallies be joyned and allowed upon Record as all other Tallies are or ought to be It now remaines that I should briefly set downe the principall causes which have hindred and retarded the due answering of the Kings Revenues and Debts occasioned the trouble and grievance of his Majesties Subjects made the bulk of the said Revenues debts now in arreare to be so great And first as I formerly observed one bause is for want of putting the said Statute of the Exchequer An. 51. H. 3. in due execution by injoyining the Sheriffes at their Easter and Michaelmas proffers to bring in and pay so much of the Rents and Debts sent forth unto them in the Summons of the Pipe as they then had or might have leavied for the better effecting whereof the Lord Treasurer and Barons were anciently present at the said Proffers and is now personated by the Puny or Cursitor Baron onely without any other of the great Officers or Barons to give countenance and assistance to that service And for that there hath not been a view made yearly to the Treasurer Barons by the Officers of the Exchequer of what was answered by Sheriffes Farmers and Accomptants and what was in Arreare and by whom according to the foresaid Statute of the Exchequer A second cause is in that Sheriffes have not according to the ancient course of the Exchequer been strictly holden to their Apposalls at their dayes of prefixion and for that many of them have beene suffered with so much impuniy to depart the Court in contempt of the said Court before they perfect their Accompts The Treasurer and Barons being by the said Statute of 51. H. 3. to be charged by oath not to attend to heare the Pleas of other men whilest they have to doe with the Kings owne debts A third cause is in that the goods lands of such Sheriffs which are in the case of contempt as aforesaid neglect the passing of their accompts in due time have not been according to the said ancient course seized into the Kings hands Nomine districtionis And for that they or their under Sheriffes have not been taken into the custody of the Marshall before they depart the Towne or committed to the Fleet as heretofore in some cases of neglect and contempt hath been used untill they passe their accompts and answer the moneyes due thereupon As also for that in such cases of contempt when a Serjeant at Armes is sent for the high Sheriffe hee continueth them his clients from Terme to Terme and doth not bring up their bodies to bee committed to Ward till they passe their accompts as hee ought to doe A fourth cause is In that the Sheriffe contrary to the foresaid Statute of Rutland have been compelled to take into their charge divers dead Farmes Seizures and desperate Debts being altogether illeviable or for which there is some just matter of discharge for which they are neverthelesse driven to procure discharges de anno in annum upon their accompts to their great dammage and trouble and their great hindrance to passe their accompts in due time As also for that to the like trouble and dammage of Sheriffes the Farmes and Rents granted in Joynture to the Queenes Majesty and other like Farmes granted for tearme of life or years absque computo have not bin removed out of the said annual Roll into a Roll of Reversions or Exannuall Roll till they fall againe to the Crowne by which meanes the subject also is dubly vexed both by the Queenes and the Kings Officers for one and the same thing A fifth cause is In that all Debts and Farmes in the Pipe which are not answered after one Summons have not according to the said ancient course been duly put into Scedula Pipe for stronger proces to bee thereupon made by the Treasurers Remembrancer for getting in the same but some of them continued to be stil written in the Summons of the Pipe to the great trouble of the Sheriffes and little or no fruit at all to the King A sixth cause is in that divers good Rents and Debts have for some private ends been suffered to bee posted off de anno in annum and discharged without any good matter of Record or other legall warrant by means wherof the said rents and debts either grow desperate or be made fit subjects for suiters to beg from the King And for that many Sheriffes have been cast out of Court and suffered to depart before they pay in their debets in the great Roll and Recusants Roll As also for that the Originalls of the Chancery have not been yearly sent into the Exchequer so timely as they ought nor the Roll of the Inrolments of Leases which passe under the Exchequer Seale made up and Ingrossed by the Clerke of the Pipe in due time as it ought to be for charging all new Rents and Fines in the said Annuall Roll reserved upon any new grant or demise from the Crowne A seventh cause is In that where the the Sheriffes doe not good execution upon the Writs sent forth by the Remembrancers upon Scedula Pipe and otherwise as they ought the amerciaments for their neglects and contempts therein have not been presently drawn downe into the
Pipe and sent in processe for leavying thereof in Terrorem of all other Sheriffes but suffered to sleep sometimes for many yeares or to bee taken off or compounded for some small matter to the King An eight cause is In that Commissions have not been awarded out of the Exchequer according to the foresaid Statutes of Westm 1. Anno 3. E. 1. Cap. 19. 6. H. 4. Cap. 3. for inquiry to be made into the Accompts and Receipts of Sheriffes and other Accomptants to the end the King may bee recompenced and the subject relieved in all such cases where it shall bee found that the said Sheriffes have defrauded the King or abused the Subject A ninth cause is In that the Auditors of the Revenue have not as hath beene formerly observed according to the ancient course of the Exchequer and the said Ordinance of Anno 1. Maeriae Articulo 9. delivered ingrossed in parchment the Accompts of the generall Receivors and Bayliffes of the said Revenues into the Pipe every yeare yearly by the 21. of March so as Proces might in due time be made from the said Accompts to the Sheriffes for all debts supers therein depending against the next liberate or sealing day of the Exche but have for some private respects heretofore and stil kept the said accompts in their owne hands some whereof are said not to be ingrossed for many years together by which means many great Arrerages of Rents Supers have heretofore sleyt in the same accompts for 10 20 30 years c. before they were written forth in Proces which hath not onely occasioned great losse to the Crowne but many grievances to the Kings Subjects by seising the lands which they purchased for valuable cōsideratiō of the said debtors for which if proces had been made in due time they might have bin paid by the debtor himself a great part of the said arrerages recovered which by reason of long forbearance becomes desperate as in the foregoing discourse hath been observ'd In like manner it may be here remembred that by the like omission of Stewards of the Kings Manors to send up the double of their Court Rolls to the Exchequer to be kept in the Treasury there as well for the King and Subjects evidence as that it may appeare what each Bayliffe is to bee charged withall every yeare for fines upon Copy-holders and other profits of Courts according to the said Ordinance of Anno primo Mariae many great losses to the crown inconveniences to the subject have been occasioned there being but few such Court Rolls or any entries thereof to be found which are now extant either in the times of the late Queen Elizabeth or the late King Iames. And that there hath beene the like neglect of sending up Rentalls of the Kings Manors which once every seven yeare are to be renewed by the Steward upon presentment of the Homage and to be returned up and sent into the said Treasury A tenth cause is In that the Estreats of the Fines Issues Amerciaments and other Forfeitures set lost and forfeited before the Iustices of the Kings Bench and Common Pleas Justices of Assize and Gaole Delivery and Justices of Peace c. commonly called Green-wax have not been certified into the Exchequer in such sort as by the Lawes and Statutes of this Realme they ought to be but have been obstructed diverted or suppressed contrary to the said Lawes to the encouragement of offendors and the great prejudice of the Crowne whereof divers instances in that kinde were lately made before the Lords Commissioners for the Treasury whereby it appeared that sundry recognizances and fines forfeited and imposed at the Assizes and Sessions in the Countrey in cases of great and Criminall offences and misdemeanors had been some yeares since removed by Cerciorari into the Crowne office and both these and many others of the like nature kept backe and stopped there and in other places which were never certified into the Exchequer as they ought to bee which every way turnes to his Majesties great prejudice and losse whether they be pardoned or suppressed For that if the King pardon or give them away the Farmers of the Green-wax will looke for a Defalcation out of their Rent of so much as they amount unto by reason of a covenant from his Majesty that hee will neither pardon nor give any of them away during their terme unlesse it be by a generall Pardon in Parliament In which case it had been much better for the King they had beene altogether suppressed and lost then to be pardoned or given away but by a generall pardon in Parliament In consideration whereof of the inconveniences formerly mētioned by letting the Green wax to farme and that the Fines in the Kings Bench are like to be increased by putting downe of the Star-chamber-Court some composition may be made with the Farmers as the case shall require and present order taken as well for resuming the said Farmes of the Green-waxe into his Majesties hands as for the reforming of such abuses as tend to the suppressing or diverting any of the said Greenwax as aforesaid But then in case of such resumption I cannot in my duty but make some Remembrance of the complaints of the great abuses and disorders which were committed in the managing of the said Revenue when it was in the Kings hands by the practice of some inferiour Clerks and Bailiffes c. As namely That where divers issues were estreated against Sheriffes out of severall Courts Quia non habuit corpus and against Noblemen and others for not appearing at the suits of divers persons either for payment of money owing by Bond or upon actions of accompt detin or the like In which cases the Plaintiffes could have no proceedings at Law for recovering of their rights or what was due unto them without an appearance and the estreating of the said Issues to be levied for the Kings use being the Coertion appointed by the Law to procure such Appearances the said Issues were neverthelesse by the undue practices aforesaid upon some ordinary suggestions procured to bee discharged or respited till a generall Pardon or compounded for some small matter which in no sort ought to have been done by the Lawes of the Kingdome before certificate had been made that appearance was given to the Plaintiffs action or the debt satisfied c. to the utter subversion of justice And the like abuses were committed in procuring discharges for Recognizances of such parties as had beene bound over with Sureties to the Assizes or Sessions for keeping a bastard childe or for performing some other publicke service in the Countrey or upon suspition of Felony c. and the like without procuring any certificate from the Justices or Countrey that the Parish was discharged the service performed or what the cause was for which every such Rccognizance became forfeited insomuch as the poorer sort that could use no meanes for their discharge were for
the most part left to bee written for who if they had but a Cow or any poore Utensills were driven from time to time to make their peace with the Sheriffes Bailiffe in the Countrey with some of their poore estate which the said Bailiffes tooke as it were nomine districtionis to their own use without answering any part thereof to the King to the greater impoverishing and sometimes undoing of the said poorer sort of the Kings subjects In consideration whereof and for the better preventing of the like abuses for time to come it was in the time of the late King James thought fit by the Treasurer Chancellor Vnder-Treasurer and Barons of the Exchequer All mens care no mans care that there should bee for ever an Officer in the Exchequer called the Surveyor of the Green-wax formerly mentioned who should take speciall care to see the said Revenue better managed and from time to time to attend the Court and acquaint the Barons therewith as the case should require And this was upon the matter agreeable with an ancient Statute made in Anno 27. E. 1. Stat. anno 27. E. 1. By which it was provided that at one time certaine every yeare one Baron and one Clerke of the Exchequer should goe through every Shire of England to examine and view the Acquittances of Sheriffes and their Bailiffes touching Green-wax and to inroll them and also to heare and determine complaints made against Sheriffes and their Clerks and Bailiffs that had been done concerning the premises and the offenders to bee grie vously punished It being conceived that the discontinuance of that good ordinance had occasioned the many abuses and grievances aforesaid In the last place the remedy for preventing the like abuses and misdemeanors in generall both towards the King and his Subjects for time to come is That speciall care bee taken to see that the ancient course of the Exchequer and the Lawes of the Kingdome formerly mentioned for the better and more timely and husbandly answering and the more due and legall charging and discharging of the Kings Revenues bee strictly observed and kept and to see that due punishment be inflicted upon the violators there of accordingly As also to see that all those fore-going causes which hinder the Kings service therein and the quiet of his Maties subjects be removed And especially that the Sheriffe in his yeare according to his Proces sent unto him out of the Exchequer in the Lent Vacation and Summer Vacation without any respect of persons doe his uttermost to levie all such debts and summes of money as shall be so written to him as a foresaid And yet where I say without respect of persons I desire to bee rightly understood that the persons of all the English Nobility and their Dowagers Barons and Baronnesses are exempted from all arrests for the Kings debts as by the Prerogative Writ before mentioned may appeare And so are the persons of all and every the Knights and Burgesses of the Commons House of Parliament so long as the Parliament continues Neverthelesse in my best understanding and observation I doe not finde but the Rents and Debts due to the King have in time of Parliament been levied by Sheriffes upon the issues and profits of their lands and goods Moreover forasmuch as the Kings Majesty his Heires and Successors may be much hindred by the negligence and connivence of the Officers of the Exchequer by reason of a late Statute made in the one twentieth year of the reigne of the late King James whereby it is provided that all and every Sheriffe and Sheriffes within the Realme of England and Dominion of Wales their Heires Executors and Administrators and their Lands Goods and Chattels shall bee absolutely discharged of all and all manner summe and summes of money which hee or they shall leavie or receive unlesse such Sheriffe or Sheriffes shall bee called in question for such summe or summes of money pretended to bee leavied and received by them or any of them and not accompted for within foure yeares next after they have finished or shall finish their accompts and had their Quietus est That for preventing thereof some Act may bee passed in Parliament that where any Sheriffe or Sheriffes which since the making of the said Act or at any time hereafter have or shall procure and obtaine any such Quietus est by meanes whereof they or any of them are or hereafter shall bee by force of the said Act discharged or acquitted against the King his Heires or Successors of or for any summe or summes of money by them leavied and not answered upon their said accompts or of or for any untrue or double allowance upon their said accompts that in all such cases the Officer or Officers who have or shall make any such Quietus est and have not nor shall not within the time by the said Statute limited by some proces or other proceedings in the Exchequer called or call the same in question against the said Sheriffes their Heires Executors or their Lands Goods or Chattels for preventing the losse and prejudice which otherwise may happen to the Crowne thereby and every Officer by whose default any such summe or summes of money by force of the said Statute shall bee lost to the King his Heires or Successors being thereof lawfully convicted shall pay and forfeit to the use of his Majesty his Heires and Successors all such summe and summes of money as the said King his Heires or Successors shall or may lose thereby to be recovered against the said officers their Heires Executors Administrators their Lands Goods and Chattels in such manner and sort as the same might have been recovered by the Lawes and Statutes of this Realme against the said Sheriffes if the said Act had not beene made And that in all such cases where by the Lawes of this Kingdome and the course of the Exchequer any Officer or Officers of the said Court are to deliver any Accompt or Accompts into any Office or Offices of the said Court by and at some certaine time so as proces may bee made upon such Supers and Debts as are or shall bee depending in the same accompts upon any person or persons So as for default of their delivering in of any the said accompts in due time any the said Supers or Debts shall be afterwards required and recovered against the purchasers of the Lands of any such Debtor or Debtors by whom the said Supers or Debts were so due or against their Sureties which might have been recovered against the said Debtors themselves if the same accompts had been delivered in due time that such Officer or Officers so making default in delivering of the said accompts in due time shall and may for their neglect therein being thereof lawfully convicted be subject to discharge the purchasers of the said Debtors lands and their suerties against the King his Heires and Successors and to satisfie and pay what the said principall Debtors
Debtors Accountants c. which pay in the same The principall Officers of trust in the said superior Exchequer under the said head Officers are the Kings and Lord Treasurers Remembrancers the Clerke of the Pipe or Ingrosser of the Great Roll and the Controller of the Pipe with a competent number of Auditors for preparing and casting up all accounts The said Controller of the Pipe being to write a duplicate or double of the said great Roll to remain in his custody for the better safeguard and controlment of the revenues of the Crowne and twice every yeare to make forth proces from the said great Roll to all Sheriffes for levying the Rents Farmes and Debts in every Shire City and Towne Corporate which proces was anciently called by the name of the Summons of the Exchequer being of the force and nature of a fieri facias for levying of the Kings rents debts upon the goods chattels of the Farmers and Debtors therein specified Howbeit about the beginning of the Reigne of King Edward 3. when the casuall revenue called the Greenwax was so much encreased that the Controller of the Pipe could not well undergo the burthen of the whole worke Clerke of the Estreats There was a new Officer intituled the Clerke of the Estreats introduced to write the summons for the said Greenwax onely in assistance of the said Controller and one other Officer called the Forraigne Apposer Forraigne apposer For opposing of Sheriffes upon the said Summons of Greenwax who is forthwith after every such apposall to send the whole charge wherewith every Sheriffe chargeth himselfe of the said Greenwax in every title into the Pipe there to be added to the other charge of each Sheriffe upon his account in the great Roll together with so much of every title as is to be charged upon the Lords and Bailiffes of Liberties and that which is nichelled is to be written in proces a new from the Pipe saving that the nichelled issues are by the Clerke of the Nichells sent to the Treasurers Rememorancer who according to the Statute of 27. E. 1. makes forth writs of Scire facias out of his Office to all such Sheriffes who returned those parties at issues to shew cause why they should not satisfie the same Issues to the King by reason of the insufficiency of the said parties so by them returned at Issues since which time of the introducing of the said Clerke of the Estreats to write the summons of the Greenwax the summons written by the Controller of the Pipe and the Clerke of the Estreats have been distinguished by the names of the Summons of the Pipe and Summons of the Greenwax As concerning the said casuall Revenue called the Greenwax it consisteth of such Fines Issues Amerciaments Recognizances for appearances and other forfeitures as are yearely set lost and forfeited before the Justices of the Kings Bench Common Pleas Barons of the Exchequer Justices of Assize Goaledeli cry Justices of Peace Commissioners of Sewers Clerke of the Market and the like which by the Lawes of this Kingdome are to bee Estreat yearly and sent into the Exchequer from all the said Courts and places to the Lord Treasurers Remembrancers Office and from thence after an entry made of the numbers of every scedule c. to bee forthwith delivered together with those of the Exchequer as well in that Office as in the Offices of the Kings Remembrancer and the Clerke of the Pleas to the said Clerke of the Estreats for execution to be done thereupon in such manner as is formerly set downe And as for all Rents Farmes Custodies Extents and other Debts and Duties belonging to the Crowne as well the Remainders of the Farmes of the Counties the Farmes of Serjeancies and Asserts the Farmes of Cities Burroughes and Townes corporate and all other Farmes and Rents whatsoever whereof there is answere made yearly in the Exchequer and all debts determined and grosse Debts arising from the Offices of the Remembrancers whereof there is hope that somewhat shall be paid and all debts and Supers depending in any accounts within the survey of the said Court of Exchequer These are by the new Statute of the Exchequer Stat. de Rutland An. 10. E. 1. called the Statute of Rutland An. 10. E. 1. to be written in the Annuall or Great Roll of the Pipe and proces to bee first made from thence to the Sheriffes by the Summons of the Pipe for leavying thereof to the Kings use accordingly And the reasons why the Summons of the Pipe not extending to the body or lands of any debtor but onely to their Goods and Chattels and why the Summons of the Green Wax not extending either to body or lands or to the infringing or entring into any liberty is to be the first proces Mâ—gna Charta cap. 8. is this For that by the statute of Magna Charta it is provided that no Sheriffe or Bailiffe shall seize any lands for the Kings debts so long as the present Goods and Chattels of the debtor doe suffise and the debtor himselfe bee ready to satisfie the same And that the Pledges of the debtor shall not bee distrained as long as the principall debtor is sufficient And for that also if a stronger processe should bee first made to the Sheriffe of non omittas propter aliquem libertatem c. For leavying of the Greene Wax the Lords of liberties should thereby bee barred and put by their Franchises and claimes which would bee against common right But they are much deceived that take the Summons of the Pipe to be no more then as it were a Scire fasias or Summons to the Farmer or debtor to pay his rent or debt or that it is but tardum remedium or of slow execution to bring in the Kings Rents and Duties for though it is in truth but a Summons yet it is a Summons not to the debtor but to the Sheriffe and such a Summons as transcends all other commands in any of the Kings Writs for injoyning them to the performance of what is thereby required The Writ is as followeth Carolus Dei gratia c. Vic. B. salutem vide sicut teipsum omnia tua diligis quod sis coram Thesaur Baronum de Scaccario apud Westmonasterium in Crastino clausi Pasche prox futur Et habeas ibi tunc quicquid nobis debes de novis veteribus firmis omnia debita subscript hanc summon de Pipa Teste A. B. Thesaur Angliae apud Westmonasterium duodecimo die Februarii Anno c. As if the King should say Viz. at the Easter proffer by the first Summons and at the Michaelmas proffer by the second Mr. Sheriffe as you love your selfe your wife and children and all that you have see that you bee upon such a day at Westminster before our Treasurer and Barons and bring with you all our Farms and rents then due and all other the debts
under-written and this Summons And if there were no more in it but this it being of so great antiquity beyond the memory of man as makes it of sufficient force by the Common lawes of this Kingdome to bee obeyed yet this is not all for this Writ is strongly backed by an Act of Parliament in Anno 51 H. 3. called the Statute of the Exchequer whereby it is ordained that all Sheriffs Farmers Bailiffs of Franchises and others shall come to the proffers of the Exchequer the Munday after the utas of Easter and the Munday after the Feast of S. Michael to pay the Farmes Rents and Issues belonging to the King and shall bring at the foresaid Termes the Farms Rents Issues due wholly into the Exchequer And if they make default their bodies shall remain without departing from thence untill they have paid or made agreement and he that wil not come at the Termes aforesaid shall bee amerced after the custome of the Exchequer and the Shiriffes and Bailiffes at the same Termes shall bring and pay such moneyes as they have received of the Summons of the Exchequer and other the Kings debts and shall bee prepared to make full account of the things aforesaid to the Treasurer and Barons of the Exchequer And this is in all points agreeable to the Summons of the Pipe directed to the Sheriffes twice in the yeare for bringing the Farms Rents Debts belonging to the King at the times in the said Statute mentioned and hath been in use ever since the making of the said statute and is so continued at this day though not rightly put in execution The first Summons now sent forth every yeare to the Sheriffes being under the Teste of 12. Feb. which is the last day of Hillary Tearme returnable in Crast claus pasche prox futur being the Easter proffer stiled in the said Statute to be the Munday after the utas of Easter and the other Summons bearing alway the Teste of the last day of every Trinity Tearme returnable in Crast Mich. if it be not Sunday which before is mentioned to be the Munday after the feast of Sain Michael After the Sheriffes have so made their appearances at their Easter and Michaelmas proffers as aforesaid and brought in and paid at his Majesties receit so much at each proffer as was then come or lawfully might have come to their hands or in default thereof have beene amerced or committed to ward every Sheriffe is to appeare in person at his day of prefixion in the Exchequer before the Treasurer and Barons of the said Court or if he be hindred by sicknesse before some Commissioners thereunto authorised by the Court to make his finall account of all the issues and profits of his office due to the King for his yeare and then is to take his oath as followeth viz. That he shall yeeld to his Majesty a true and lawfull acount of the issues and profits of his said office of Sheriff-wicke and make true answer to the Summons of the Pype and Greenwax and in the same account to charge himselfe with all such summes of money as he his Vnder-Sheriffe Bayliffs or Ministers for him have levied or lawfully might have levied to his Majesties use by the Summons aforesaid And of all Fellones goods outlawed mens goods attainted mens goods wayfes estraies and other profits whatsoever which have come to the hands of his Vnder-Sheriffe Bayliffes or Ministers by reason of his said office And that he shall not in the same account vouch any franchises or liberties nor make any petition nor aske any allowance or discharge but such as shall bee good and true and likewise to deliver a book written in parchment declaring of whom and where he receiveth the vicondells and other the Rents and Farmes written unto him in the Summons of the Pipe and well and truly to behave himselfe in yeelding the same account as a true accountant ought to doe without any omission or concealment And every Sheriffe which shall not so appeare at his said day of prefixion before the Treasurer and Barons and take his oath or procure such commission for taking thereof at the same time as aforesaid shall forfeit to the King 5. pounds for every day after his said day of prefixion that he shall so faile to appeare and take his said oath as aforesaid and after the taking of the said oath every Sheriffe is to attend upon the Court and to be apposed before the said Treasurer and Barons in open Court upon the said Summons of the Pipe and shall according to his said oath charge himselfe with all such Farmes Rents and other debts written unto him by the said Summons of the Pipe as he hath or lawfully might have levyed And to such Farmes Rents and Debts as he chargeth himselfe withall The forraine aposer and clarke of the estrates are in like manner to marke the one the summons and the other the record upon their apposall on the greeenwax tot or on i scilicet oneratur nisi is to be marked against their names and Summons by the Clarke of the Pipe and controller respectively in the said great Rolle and Counter Rolle and to be entred and cast up in his charge in the said great Rolle by the first Secondary of the Pipe together with the whole charge of his forraigne Account and Greenwax as is before observed and the said Sheriffe to pay and answer to the King all and every part thereof which shall remaine due upon the foot of his account and not by him formerly paid and answered at his said proffers except onely there shall be some good cause of discharge by matter of Record or order to bee made in open Court for any of those wherewith hee so charged himselfe with on i as aforesaid And to such as he shall averre to be illeviable or to bee dead or within any liberty so as hee could not levy the same by his said Summons Nichell diem clausit extrem or such or such a liberty are to be in like manner marked against their names and summes and those that are so returned with Nichil or diem clausit extrem to be forthwith to be put into Cedula pipe and sent to the Lord Treasurers Remembrancers Office so as stronger Proces to the next Sheriffe may be made from thence against their bodies lands and goods for levying thereof to his Majesties use or Commissions to be made from thence to faithfull and circumspect men of every County for making inquiry into the same Westm 1. An. 3. E 1. cap. 19. Stat. An. 6. H. 4. c. 3. according to former Statutes in that behalfe provided And if upon returne of the said Commissions it shall appeare to the Court that any of the said parties by whom any such debts are owing are nothing worth and that their debts are desperate they are according to the foresaid new Statute of the Exchequer called the Statute of Rutland in ease of Sheriffes
of so much thereby Moreover the said Lord Treasurers Remembrancer doth upon Certificate from the Iustices of Assize ratified and allowed under the hand of the Vnder-treasurer of the Exchequer for the time being rule petitions for allowance to Sheriffes upon their accompts for carriage or removing of prisoners reparations of Gaols and other extraordinary services done by Sheriffes in the time of their Sheriffwicke All which petitions are by the said Treasurers Remembrancer to bee entred upon Record in his Office and to be sent to the Clerk of the Pipe for the time being to bee entred and allowed upon each Sheriffes accompt respectively in the said Annuall or great Roll of the Pipe in deduction of so much of each Sheriffes charge so as one Record may bee discharged by another according to the ancient course of the Exchequer And here by the way is to bee noted that the said Clerke of the Pipe is not nor ought not to discharge or set off from any Sheriffe any Farme debt or other summe of money whatsoever charged upon him in his accompt in the said great Roll but such onely as shall appeare to bee paid into his Majestis Receipt of the Exchequer by Tallies to bee joyned and allowed in the said Roll Statut. anno 1 R. 2 cap. 5. or such as shall appeare to be discharged or set off by such matter of Record as is laid downe in the Sheriffes severall petitions as aforesaid nor to give any allowances to Sheriffes upon their said accompts but such as shall either bee warranted by Tallies de Regard to bee sevied in his Majesties said Receipt of Exchequer or by some judgement of Court entred or to bee entred in one of the Remembrancers Offices And if hee doe otherwise the Controller of the Pipe either before or at the Sheriffs casting out of Court is to informe the Court thereof so as the said undue discharges and misallowances may bee certified and made void And if the said Controller either through ignorance or connivence shall not discharge the trust reposed in him therein hee shall bee punished for his consent in like manner as hee that admitted of such false allowances c. and as he that tooke allowance thereof namely to pay so much to the King Stat. do Scaccorio Anno 51. H 3. as the allowance amounted unto To bee imprisoned a yeare and forty dayes and to bee punished at the Kings pleasure But hereunto may be objected that if the Clerk of the Pipe be to give no allowance to Sheriffs upō their accounts but of such moneyes onely for which Tallies are stricken in his Maties Receipt and of such summes as are to bee allowed set off or discharged by judgement of Court or such matter of Record as is aforesaid How comes it then to passe that allowance hath been given to Shiriffes upon their accompts in the said great Roll from time to time by acquittances of Noble men for their Creation moneyes payable by Sheriffes out of the profits of their Counties and the like and by acquittances of such Receivers to whom the King hath granted the receipt of the yearly profits arising of any certain or casuall Revenue within the Sheriffes charge To which is answered That the allowances given by the acquittances of Noble men and others for such summes of mony as are payable to them by Sheriffes out of the profits of their Counties being to their owne use are alwayes warranted by judgement of Court before any such allowance is to be given And as to the allowance of Acquittances for moneyes of the natures aforesaid paid or to bee paid by Sheriffes to Receivers as aforesaid to the Kings use such Acquittances are not in truth to bee allowed by the course of the Exchequer but by Tallies of assignment to be first stricken in the Receipt for the same in such sort as is used at this day for his Majesties Wardrobe and Houshold and for the post-fines Issues of Iurors and the like there being no such controlment for Acquittances Much easier to counterfeit Acquittances then Tallies as is for Tallies and it being much more easie to counterfeit Acquittances then Tallies albeit even Tallies have been counterfeited to the losse and prejudice of the Crowne which could not bee discovered before they were rejoyned with their foyles according to the ancient course of the Exchequer Besides the Subject which really payes his mony to a Receiver to the Kings use takes his Acquittance for it runnes a greater hazard to pay the same money againe in case such acquittance be lost and that the Receiver doe not satisfie the same upon his Accompt which hazard is avoided by striking a Tally for the same in his Majesties Receipt which is alwayes extant upon Record for the parties discharge in case the Tally it selfe bee lost And as it is to be noted that the Clerk of the Pipe is not to discharge or set off any part of the Sheriffes charge but by Tallies to be leavied in his Majesties Receipt of Exchequer judgement of Court or such matter of Record as is before mentioned so it may bee likewise observed that the Treasurers Remembrancer is not to rule any petition upon the Sheriffes Accompts for debt recognizance or other duty belonging to his Majesty wherewith the Sheriffes have charged themselves upon their accompts but by matter of Record or order in open Court and not upon any other warrant whatsoever which is not grounded upon such matter of Record or order in open Court Inter ordin term Hilar. an 32. Eliz. Reg. ez parte Rem Thesaur as aforesaid For if way should be given to the Sheriff to set off or discharge himselfe upon his accompt of the farmes debts or summes of money by him taken into his charge at his apposall upon ordinary suggestions that hee could not leavie the sume or by reason of the poverty of the debtor or in favour of the subject to ease him from the rigor and penalty which the Law hath inflicted upon him for some offence which is onely in the Kings power to mitigate or remit or upon any other ground then by matter of Record or order in open Court as aforesaid then it would follow that the greatest part of the Sheriffes totts and summes of money by him taken in charge at his apposals would be set off and discharged and so his apposals would bee of no force or vertue which by the ancient course of the Court bindes him to answer the same to the King unlesse some just cause be shewed to the contrary as afore is said seeing he might at his choyce have totted or nichelled the same at his said apposals and then also would follow that the King should be divested of the grace which properly belongs to himselfe for mitigating and remitting of such forfeitures and penalties to his subjects as the case shall require which the late Queen Elizabeth of famous memory for the most part kept in her owne