Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	king_n	time_n	year_n	19,963	5	5.0438	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

he likewise maketh stay and Supersedeas by Warrant and Award of the Barons as aforesaid He entreth Judgment according as the Lord cheife Baron and Barons of the Court Commandeth him of all Pleas dependingon his side both for the king and the partie though the Kings learned Councell would willinglie have the Judgment goe otherwise He entreth Judgement of his owne Authoritie by the Ancient Course of the Court of Pleas of Course and whereof there are dayly Presidents which were not able otherwise to be overcome if they should be read and followed openly in the Court He sendeth the red Book by one of his Clerkes with the fourth Baron most Commonly and in his absence with the next Baron into the Kings Bench and Common Pleas in the Terme time to remove any matter sued there against any Officer Minister Servitor or any of their men or any Accomptant there that prayeth his priviledge in time of any of the same Court upon which said red Booke shewed and the parties soe testified by the Baron to be of the Court as aforesaid his Priviledge is ordinarily allowed He receiveth into his Office all the Certificates of the Subsides Fifteens Tenths granted to the Prince by Parliament and certifieth unto the Exchequer whereupon he maketh his two Bookes called The States of Subsidies and the State of Fisteens in which is entred the Collectors names and for what places with the summe totall of every Certificate as they doe come in with their payments agreeable thereunto soe are they trossed and entred cleere that otherwise stand open while the money is payed and discharged He sendeth every Hillary and Trinitie T●r●e severall parchment Bookes to all the Customers Controllers Survaiors and Searchers of the Parts and Creekes through England to make the first and second halfe yeares Entries in the same of the Kinges Majesties Customes and Subsides and the Cocketts thereof according to certaine late orders in the late Queens time sent unto them thereof And likewise every Michelmas and Easter Terme he receiveth the same by the Oath again of the said Officers in open Court or before some one of the Barons out of the Court that they have made all true Entries in the same and as they ought to have done He receiveth from some one of the three Barons and of the Auditors of the Court Attending on them all Sheriff forraign accounts Collectors accounts of Subsidies and Fifteens and the Cofferers accounts which he taketh the Accomptants name with his addition of account and the summe totall and the debts of the same and so putteth every of them ever by himselfe or one of the Clerks of his Office to the Treasurors Remembrancers side to be entred there in like sort both which Remembrancers should likewise receive all the great accounts taken now before the Auditors of the Prests and the Receivours and Ministers accounts of the late Augmentation Revenue taken before the Auditors of the Shires to make like Entries thereof in both their Offices and to be conveyed in the viewes of every yeares Remembrance and that he to whome it did appertaine might make processe upon the same where any cause should so fall out and so noe Super or debt thereupon by that meanes should be behind and to be out of Processe every Terme while they were discharged He sendeth commission of Nisi prius by the kings Attorneys Warrant onely upon tryall of any matters within his office at the Assizes in the countrie Adtenorem Recordi under the Exchequer Seale with it But at the Nisi Prius in London at Guildhall he hath the very Record of his Office brought thither and it is without commission because my Lord cheife Baron sitteth thereon and the Kings Attorney and his Majesties learned Councell either be or appoint to be there for his Highnesse Hee hath other speciall Authorities preheminences and matters appointed to his Office by the Articles of the uniting of the said Court of Augmentations to the Exchequer which are referred thither for breifeness and for more certaintie at large of the same The Lord Treasurors Remembrancer IS the second Remembrancer of the Exchequer and belike of old time was so called for that it was then in the Lord Treasurors gift or that he had some speciall service appointed to him by the Lord Treasuror to remember him of or to be kept in Record He hath his Office cheifly established upon the execution of the originall save for the great accounts the Customers controllers and searchers that is yearly streated to him out of the Chancerie and is otherwise called Extractus Cancellarioe being the yearely streate Verbatim as they passed under the great Seale of England from time to time of all Sheriffs and Escheators Pattents of all Customers Controllers and Searchers Patents of all Receivers Reeves Beadles Bayliffs Collectors and Stewards Pattents of all grants of lands and Tenements for life in see simple see taile generall or speciall of all denizonships Creations of Arch bishops and Bishops erections of any Abbies Priories Colledges Chauntries Hospitalls Schooles and Corporations of all custodies of any Honers Castles Lordships Mannors Chaces Forrests Parkes speciall and generall after the Course of the Chancerie ouste●lemanes of all Licenses of Alinations going over sea transportations Introductions Retaines imparkings and Inclosures of all pardons Alienations intrusions trespasses utlegaries felonies murders misprisions treasons and forfeitures of all restitutions of blood goods and Chattells lands and Tenements of all leases for Terme of life or for yeares of all Fines grosse and small of all Writts of restitutions of Temporalities of any Abbey Priorie Archbishopprick wards and seized lands and Tenements of all Di●m Cl. Extremum Mandamus Melius inquirendum et qu. plura He out of the said Originall maketh his Booke called the Roll of Prossers which is a record and a part of the remembrance of every yeare of the comming of every Cro Michalis and Cro ' Claus pasch into the receipt of all Sheriffs Bayliffs Farmers Escheators and men of certaine Townes within the realm and of putting in a Warrant of their proffer made of the issues of their Offices at which if any of the Sheriffs made default by himselfe or their Attorneys or pay not into the receipt there by Tallie infra mens●m following they forfeit their recognizance and the Bayliff Farmers and Escheators that come not then to appeare either by themselves or their Attorneys are amerced at halfe their proffer And if they pay not their proffer infra mensem following then doe they loose their proffer and pay it unto the receipt without having any Allowance of the same upon their account He when the said proffers are done maketh Proclamation in the receit before they arise That all Sheriffs Bayliffs of liberties and Escheators do pay their proffers as they are accustomed infra mensem and keepe their dayes of prefixion for their Accounts in the Exchequer according as by the Court they are appointed upon paine and

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 Conquerors hands after he had given away asmuch as pleased him at his Entrie The second seemes to be those lands tenements Rents services and profitts which came to the Crowne afterwards by Attainders Forfeitures and seizures most of which where they be are not known to the Sheriffs of the Realme but yet many of them are gathered up in rents by their Bayliffs as knowne to them by tradition and succession and so are either payed or made up by them to so much as he is charged with yearly in the Pipe Farme Rents and services HE after this doth Charge him with the Fee farme Rents and services of the shire but are reserved there and drawne downe into the great Roll out of the yearly originall of the Chancerie streated as afore into the Treasurors Remembrancers office which Clerk of the Pipes Secondarie is bound from time to time and from Roll to Roll to peruse and finding in the same any yearly Revenue Reservation profit Remainder or Revertions reserved to the Crowne he draweth them downe into the great Roll and maketh Charge thereof in the Shire where they be so as ever after where they be payable they be yearly summoned out before by the Controller of the Pipe to the Sheriff of that Countie And all the said Remaines and Reversions are conveyed into the Roll of the Reversions that is another Book in the Pipe and made from time to time that when any of them do revert a gain into the Crowne are to be put into Schedula Pi. that is mentioned before the Treasurors Remembrancer make out the Writ of Reversion to enquire thereof and to seize the same Oblata or old Debts HE maketh oblata the next title of the Charge of the Sheriff with the old debts brought as it were together from precedent yeares and be written from other Rolls to the Sheriffs of that yeare and after that title he setteth to his Charge Nova oblata which be as it were new debts brought together and drawne downe from Customers accounts or Escheators accounts or recovered and set downe from some one of the Remembrancers sides or other Records or grounds of the Court and have their names belike of Oblata upon the same that are so brought together He after the forraine Opposer hath made up the scroule and summe of the greene wax of every Sheriff in the severall titles the same doth arise and it is delivered into the Pipe doth make up the next Charge of the Sheriff Viridi Cera which riseth out of the streats of the Fines issues and Amerciaments that came from the Kings Bench the Common pleas the Justice of the Peace the King or Treasurors Remembrancers side He straight after this doth Charge every Sheriff with his Casualties which are all manner of Debts of Casualties and Releifes Fines Amerciaments upon the Sheriffs debts recovered and such like as are drawne downe either from anie Record of anie of the Remembrancers of the Eschequer or from anie other ground matter or seizure of the Court and be so brought together And the Sheriff Answereth as he hath Cause to every summe viz. such a summe within liberties and sheweth whose they be Then the forraine Opposer setteth against that summe the name of the Owner of the liberties and if he have the same in Claime by Ancient President either knowne or certified to the sorraine Opposor out of the Pipe he giveth the Bayliffs of the liberties allowance thereof and maketh Clamen in the margent in the originall Record against the summe otherwise he maketh speciall tot against the same summe thus or or in which pricks and by which pricks of use he knoweth whose liberties the same pricks do meane Then the Sheriff going on and saying to another sum tot the forraine Opposor marketh it in the margent in the originall thus without pricks and so that is a Charge to the Sheriff onely And after the Sheriff saying to another Summa nihil the forraine opposor doth marke also against the Summa in the Margent in Rottulo 21 or 13 as the Streate is of the yeare of the King Whereof the opposall is and he goeth through that originall record his whole libertie of the rest of the Sheriffs greene wax streated unto him and marketh every summe in such wise as before He afterwards maketh the Sheriffs scronle in parchment of all the totalls with pricks casteth up the severall totall sums if they be in severali natures where any Δ ' with pricks is wthin any such totall sums as for example A. B. Vicecom pred oneratur minit exitus twenty pounds to pull off the ' Δ with pricks from the Sheriff he saith immediately after that totall Summa C. quibus C. D. ball libertat C. F. venit per G. H. Attorn suum et V. inde 51. et sic debit fifteen pounds and so every Bayliff from the said scroule is charged in the great Roll with the ' Δ with pricks where it concerns and the other without pricks is charged in the same Roll to the Sheriff himselfe only He saith that he leaveth the Nihils that be marked in the Margent of the Originall Record in Rotulo 12. or 13. as aforesayd for the Clarke of the Nihils to write out by his sayd markes in R when they be delivered againe into the Clerke of the Streats Office He alloweth to the Sheriffs the Justices of Peace wages of his Shire out of the Fines and Forfeitures before the Justices of the peace thereof if the Streat will bear them layed out before the Sheriffs for the Justices wages according to the Statute of the which allowance and of the particular names of the Justices the sayd forraigne opposer doth deliver a Roll into the Pipe for the Clarke of the Pipes Warrant to allow the same wages to the Sheriff Clarke of the Streats IS the Officer that receiveth yearely out of the Treasurers Remembrancers Office all the Streats of the Kings Bench the Common pleas the Justices of Assize the Justices of the Peace the Kings Remembrancers side his hand from time to time made in the sayd Roll of the Streats there restifying the receiving of the same He writeh out yearly all the sayd Streats to every Sheriff of England as they in every shire at the two Liberates of the Exchequer that be every Hillary Terme and Trinity Term for to levy and to answer all the summs of the same Hee maketh Schedules in parchment under his hand agreeable with his Streats sent out as before with the summs of the same truly totalled when any Sheriff will make petition to be discharged of any sum in the same by good matter offered The Auditors of the Prests BE they that take the old great accounts of the Exchequer as Ireland Barwick the Mynt the Loan the Wars the Ships the Provisions the Hamper the Ordnance the Clerk of the Works and such like remembred before who now declared the same before the Lord Treasurer the Chancellor and under

Terme while hee come in and plead as aforesayd He admitteth any such person that hath any such Land whereof the Tenant is returned Mortuns est or Nihil habet before the Dic. Tenement goeth forth thereof with a Nec non ad ostendend upon the sayd return to come into his Office and inroll there his licence or pardon of Alienation of the same Land and to shew his conveyance thereof and likewise to enroll his Livery speciall generall the Ousterlemain or after the course of the Chancery and upon the same enrollment and shew he doth admit such person to do his fealty and to pay his Fine upon a Writ made from the sayd enrollment and shew of his evidences to agree therewith without any manner of pleading because all such Writs be like the first writts inrolled from the originall and written out as aforesaid against the first tennant onely of the land by good matter of Record He upon all pleas put into his Office where the Kings Attorney may make an Averrment contrary to the plea of the partie and where the partie pleadeth anie forraigne matter then is of record in that Court and allowed of or would discharge any Claim title or Interest of the King by the same plea save in the said ordinarie Writts for fealtie and Homage sealtie and such like doth by himselfe or some Clerk of his make the Kings Attorney ever privy to all such pleas their replications and rejoynders who doth respect them and consider them and at length either doth confesse them or referreth them or giveth his Warrant out under his hand to have them tryed in the Countrie at the Assizes of Nisi prius He according to the Ancient order of the Court upon all other ordinarie Pleas examined by him with one of the Clerks of his office concerning Writts of service and such like doth enter Judgment alone without making the kings Attorney or the Court privie thereto which ever in this wise were dispatched as agreeable to the President of the Court. He either upon the first writ from the originall or upon the writts written from the said Pleas or upon distresses from the Streat of the fines of the Commission pleas or from writts upon such like records in his office doth set over persons fines for respit of Homage payable every fifth Terme according to a rate given him by the Court at his first comeing into his office whereof a record was then made and is as followeth the Fines for respit of Homage every fift Terme of lands and Tenements s Three pounds per Annum downwards 0 4 Five pounds per Annum downwards 0 8 Sixe pounds thirteene shillings four pence per annum downwards 1 0 Ten pounds per annum downwards 1 8 Eighteene pounds per annum downwards 2 0 Twenty pounds per annum downwards 3 4 Thirty pounds per annum downwards 5 0 Forty pounds per annum downwards 6 8 Sixty pounds per annum downwards 10 0 And noe such fines are set higher but upon Noblemen which according to the greatness or meanesse of their lands are set some at thirteen shillings fourpence some at twentie shillings some twentiesix shillings eight pence some at thirtie shillings and some at forte shillings to be payed every fifth Terme and none above nor so high but for Dukes He hath set downe in his Book called nomina Vic. by the Clerk of the Pipe every yeare the debts of all Sheriffs Bayliffs of liberties and men of certain Towns that are found and cast upon their accounts entred in the Pipe and in another of his Bookes called Nomina Ecaetor he hath every yeare the like debts of Escheators set downe by the same Clerk of the Pipe for all the which he maketh Attachment and other ordinarie processe of the Court for the levying of the same as the case doth require He hath in a third Book in his Office called Schedula Pipe All debts set downe by the Clark of the Pipe of such persons as upon the opposalls of the Sherift of their summons be said by them to be dead to the end he should make a Diem clausit Extremum after the death of such debtors to the Sherift which is the award of the Court and of purpose to enquire what day and yeare they died and what goods and Chattells and of what value they had at the day of their death and to whose hands the same came and now be and to seize the same in whose hands soever they be and to leavy the same debt and have them before the Barons such a day And if their goods and Chattells be not sufficient to pay the said debt then to enquire what lands and Tenements and to what yearely value they had at the day of their deaths or when they became debtors or ever since and to whose hands and possession the same came after their decease and in whose hands they now be and the same to seize in whose hands soever they be and keepe safe and to Answere the issues and profits thereof untill the said debt be fully satisfied and payed or that he otherwise is Commanded and to distraine all the Executors of the Testament of the said debtors as Administrators of the goods and Chattells that were his and also the heires and Ter Tenants of the same debtors if they have not Executors to Answere the same debt and all to the intent the same might this way be payed that could not by the summons of the Pipe be so levied And likewise he hath put in his said Booke of Schedula Pipe by the Clerk of the Pipe other great and speciall debts that the Court will have spedeier and sharper process made for them by the said summons to the intent the Debtors should be either quickly Attached and brought into the Court or the money payed and Answered to the Sheriffs or into the Reccit as should best fall out for the ease and dispatch of the debtors He taketh into his Office all Streats of Fines issues and Amerciaments sent into the Court from the Kings Bench the common pleas the Justices of Assize and all Justices of the Peace through England which are by him delivered over by the Rolls of streats into his Office to the Clark of the Streats to write out who sets his hand thereto for the Receipt of the same He taketh on his side also as the Kings Remembrancer doth afore all Sheriffs for raigne accounts Bayliffs accounts Escheators accounts Customers accounts Collectors accounts of Subsidies and fifteens and the Cofferers accounts as before is declared in the point amongst the matters of the Kings Remembrancers side He ruleth the ordinary petitions that any of the sayd Accountants do make or pray upon their sayd accounts to be allowed them without the privity of the Court being matter of Record and President in Court for the discharge of the same and other their new and first petitions are allowed from time to time by the Judgement of the Court

Treasurer only and be never entred in the Court of Exchequer nor examined nor written upon there as they had wont to be That upon many years so moving out and writing processe forth sound meerly desperate and illeviable upon the parties that owe them either alive or being dead upon their heirs Executors Administrators their Goods Chattells Lands Tenements or Ter Tenants which desperate debts of theirs that be alive be by and by conveyed back again into the great Roll and summoned out of the Chancery afterwards to be sufficient to answer either the whole or some part of the debt They have other speciall Authorityes Assigments and matters appointed to this 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 Remembrancer of the first Fruits and Tenths HAth his Office wholy established by Articles of the unyting of the late Court of the fist Fruits and Tenths unto the Exchequer and by a late decree of our Court concerning the altering thereof from the first erection which for breifne●… here are referred over to the same The Comptroller of the Pipe IS an Office that was first devised to keep a Controll of the Pipe that should write and keep every year a like great Roll in every matter of charge and discharge as the Clark of the pipe doth and should lay every Lent such a one as well as he but as I learn no such Roll hath been made up by him for many years and yet as I hear he writeth yearly now all the pipes of the great Roll the Clerk of the Pipe doth keep but he doth not yearly make them up into a great Roll. He only writeth out twice a year the two summons of every shire of the Realm viz. his first sumuons every Hillary term where in he writeth only the Sheriffs Vicondeles his fee farmes and sometimes his Oblata and likewise the second summons every Trinity Terme wherein hee writeth his Nova oblata and casualties and so upon the opposalls of every Sheriff he may if he list see how every of them do O. Ni. or rot every Terme of the same The Clerk of the Pleas. IS the Officer in whose Office all the Offices in the Court of the Exchequer their Clerks and servants all the Kings Majesties Tenants and Farmers of any of his Lands and Tenements and all manner of accountants of the Court of the Exchequer during the time of their bar so should be sued in or may implead another or any stranger in any Action upon the case or of trespass debt De Ejectione firmoe of Detinue or such like as are sued in the Kings Bench He hath every suit prosecuted in his Office between party and party that is removed out of any Court at Westminster by the red book or out of any Court of Record elsewhere in England by any Writ of proviledge for any of the said persons that are priviledged as before to sue and to be sued only there in the said actions and no where else if they will in time claim and sue their priviledge He in his Office bringeth all matters to an end and either upon Nihil dicit or by Demurrers argued or by verdict tryed in Court or by Nisi prius at the Gaild Hall in London or at the Assizes in the County before the Justices of Assize and so by the Judgment given upon every of the same whereupon the party with whom Judgement is given for his Execution hath against the party condemned a Capias an Alias or Plures and Fieri facias The Forraigne Apposer IS an Officer to whom all sheriffs after they are apposed of their summes out of the Pipe do repair to be apposed by him of their green wax who appointeth them a day certein for the same and so the sheriff payes for the Clark of the streats against that day to bring to Westminster the Originall Bookes and Records of their greene Wax He at the day of the sayd apposall appointed taketh the sheriffs streats and causeth his Clark to look upon it and he himself readeth the Origin all Record and apposeth the Sheriff what he saith to every summ therein and the Clark seeth the sheriffs streats if the Originall do agree with the Wax The Kings Attorney Generall HE is made privy to all the Answers put in upon the sayd nformations and either demurreth thereupon or replyeth as he will to bring the matter to an issue and at his pleasure to the King all advantages of pleading given to his highness by the Defendant and sometimes presseth the Court to hold and keep still the same and otherwise he yeildeth and suffereth the party to amend his plea answer and Rejoynder and so proceedeth to the joyning of an issue He is made privy to all Replications drawn from the Kings side and altereth and amendeth the same after his own liking and so is he likewise to the partyes Rejoynder against the King and either confesseth the plea or the party Defendant upon the same either suffereth it to come to a tryall by Jury at the Bar or by Nisi prius in London or in the County where the matter lyeth and so come all matters of plea to judgment and an end either upon the Kings Attorneyes confession or by tryall of Verdict or by Demurrer or by Judgement of the Court alone or upon a Nihil dicit by the Kings Attorney He in some cases will not confess the plea for the party rising upon the processe of the Court though it were reasonable he should without the Kings Majesties Warrant as when the party should have his Right by way of Petition to the Prince or that there is some Colour for him though not evident Right to stand against the party for the Prince and so refers him to the Court. He maintaineth his Informations Replications the Kings Right and process of the Court against all Counsellors sollicitors and Witnesses at the Bar both in the Court and in the Exchequer Chamber for the party and upon the opening and avowing of the Law he either offereth the Defendant an issue or to demur in Law with him upon the point and so prayeth the Court he may do and that the party may be inforced according to the Law to joyn issue or demur in Law with the Defendant as he thinketh will serve best for the Kings Title He oftentimes when the issue upon the Plea comes to tryall by the Jury and that they are suspected or seem laboured doth sometimes by exception quash the whole Jury or so many of them as the matter cannot proceed to tryall and sometimes fearing the partiality of the whole pannell and suborned Witnesses he bringeth the matter to a Demurrer in Law upon the opening of the Evidence and so saveth the Kings case politickly He deviseth all the Assurances the Kings Majesty hath of any Lands and Tenements either sold to his