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city_n county_n say_a sheriff_n 8,049 5 11.8418 5 false
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A90208 The practice of the Exchequer court, with its severall offices and officers being a short narration of the power and duty of each single person in his severall place. Written at the request of the Lord Buckhurst, sometime Lord Treasurer of England. By Sr. T.F. Whereunto are added the rules and orders of proceedings by English bill. Osborne, Peter, 1521-1592.; Fanshawe, Thomas Fanshawe, Viscount, 1596-1665, attributed name. 1658 (1658) Wing O527; Thomason E1928_1; ESTC R8740 61,106 176

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and so he ruleth them under his hand accordingly and there entred either in the Venos or the postscript of the yeares wherein they should lye that be part of the Remembrance for that year Hee by the Lord Treasurers Warrant the Chancellors Warrant the Vice-Treasurers Warrant the Lord chiefe Barons Warrant the Kings Attorneyes Warrant out of the Court and in the Court by the Order of the Barons doth make all manner of processe Writs Commissions and Injunctions for matters on his side and maketh stayes and Supersede as of them as he is by them willed and commanded He writeth once a year the issues of his Office returned by the Sheriff every Term and last upon all manner of distresses in the same which being bound up and examined by the Clerks of his Office are delivered over by the Roll of Estreates to the Clerke of streats to write out who setteth his hand to the sayd Roll for receiving of the same Hee layeth every Lent yearly a Remembrance of the 5 year before dothregister make up cleere all the Records of the same or discontinueth them that cannot be made perfect and inrolleth processe anew of those matters and so receiveth the same by new writing them out againe In which time also of Lent he entreth also every Writ in that Roll of Writs of that yeares Remembrance that is Law and all the Homage Writs of the same and likewise all the fylances of his Office of every Terme since that Remembrance then he doth lay to see if they all be still currant in course and every Term as they ought to be and such as are found wanting by falling off or otherwise are then new enrolled in the Roll of Writs of that year and so are received and set current anew that the least Writ of his Office whereby the King is to have any right or profit is not suffered to be lost nor yet left to be uncurrent He hath other speciall Anthorityes Assignments and matters appointed to his Office by the Articles of the uniting of the late Court of augmentations to the Exchequer which are referred thither for breifnesse and for more certainty at large of the same Sheriffs Accounts HE if the Sheriffs do account by improvement and have no tally of Reward after the Secondary hath cast up every Sheriffs first summ doth examine it and seeth that the same be made only of Sheriffs vicommells upon which hee giveth him allowance first of his profers payed by tally and then of all such allowances as are given him by Act of Parliament Then after his said Secondary hath made up the Sheriffs second summ upon his De debitis plurimum which be his Tots and upon his De pluribus debit is charge which be his greene Wax and his whole as before or so many of them as he is charged with hee causeth the Sheriffs forraigne accounts to be cast up and chargeth first to the same second summ the old seizures thereof which be Lands and Tenements seized before by his predecessors upon the processe of the Court and then chargeth the Sheriffs own seizures to the same which be of lands Tenements seized in his own time by Process of the Court so addeth to these such Fellons goods as he hath seized himselfe After which things done he giveth him allowance of all his payments deductions annuall Charges and soe bringeth the Quietus est And if the Sheriff do not account by Improvement but hath a Tally of reward then the said Secundary doth make up but one summe to such Sheriff of his whole Charge aforesaid Escheators Account HE conveyeth yearly into the great Roll breifly the Escheators accounts of every Sheire into the pipe of the same Shire where he is Escheator he entreth the same and maketh his allowance both of his proffers and of all his petitions he maketh in the Treasurors Remembrancers office in discharge of his debt and soe is the Escheator brought downe also to Quietus est Roll of Accounts HE doth every Lent make up a great Roll of all the said accounts as the Kings and Treasurors Remembrancers doe lay every lent a Remembrance in either of their Offices and such debts and Remains as be not or cannot be made quit and cleare in the said great Roll made up every Lent are Conveyed into the Pipe of the great Roll that should be made up for the year following Customers Accounts HE hath for all the Customers accounts yearly a Book called the Customers Roll into which every Customers Charge and Allowance is Conveyed yearely and the debts and the remaines in them are from thence conveyed over from time to time in the great Roll and are summoned out or Written for the processe from Schedula Pipa where they are entred also to be the ground of the Treasurors Remembrancer to make the processe by Rolls of Subsidies and Fifteenes HE hath even so speciall Rolls for all such Subsidies and Fifteenes granted to the Prince by act of Parliament called the Subsidie Roll of the Clergie and the Subsidie Roll of the Laity and the Roll of Fifteens of such a king or of two or three Kings together as it falleth out or may be continued Into which he entreth the severall accounts of the severall Collectors and of such debts as remaine unpayed upon anie of them are conveied likewise into the great Roll most meete for the same to be Charged in and so are summoned out also or written for by processe from Schedula Pipe by the Treasurors Remembrancer as aforesaid Rolls of the Wardrobe and Coffers HE hath likewise a speciall Roll for the Wardrobe and Coffers accounts together called Magna Guardrobe Roll and the cofferers Roll into which their accounts are ingrossed and the debts in the same are Conveied over as afore into the great Roll save that the Cofferers yearly Remaine standeth still into his next years accounts do passe to be examined and Charged and so is still on from yeare to yeare Rotulus examinatus HE is an Officer that maketh a yearly account in his Office of all the Ancient Revenues in the Exchequer that was there before the uniting of the late Court of augmentations and the first fruit and Tenthes to the same He putteth in Charge yearly into his Book called the great Roll all Sheriffs accounts Escheators accounts Bayliffs accounts and men of certaine Townes accounts that are called to account by the Treasurors Remembrancer He maketh therein the Charge of the said accounts for the Counties Cities and Townes of the Realme as they be and lie in the order of letters by the Alphabet end so the first Pipe thereof beginneth with the Charge of the Sheriffs of Bedford and Buckingham and Townes as it falleth out by order of the letter He maketh the first Charge of every Sheriffe to be his vicommells which be under the second titles Post tras dat et Profic comitat as they call them The first whereof seemeth to be lands and Tenements in
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