Selected quad for the lemma: judgement_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
judgement_n bring_v debt_n writ_n 1,959 5 9.3147 5 true
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A25535 An Answer to a paper, called, The case of the auditors and receivers of His Majesty's revenue with a brief description of the antient course of the Exchequer for bringing in the crown-revenues : as also, some reasons wherefore the augmentation-revenue of the crown may be charged in the great roll of the Exchequer, and brought in by sheriffs : humbly offered to consideration. 1662 (1662) Wing A3327; ESTC R225 15,390 28

There is 1 snippet containing the selected quad. | View lemmatised text

the same had bin established by Act of Parliament and to the no little dissatisfaction to most people in England who have had any urgent occasions to resort for matter of Record Evidence or Satisfaction to the said accompts which now lye confused and dispersed which hath been and may prove not onely hazardous to the Crown but to the Subjects in evidencing their just Title Contrary to the true intent and meaning of the common Laws and Statutes of this Realm and the Tenor of the aforesaid Letters Patents of Queen Mary Queen Elizabeth King James and the late King Charls granted to the successive ingrossers of the great annual Rolls of the Exchequer An Answer to the Objected Mischiefs which will ensue as to His Majesty's Advantage and the Subjects Interest in case the Bill now under Consideration should take Effect Object 1 THat the Revenue will be thereby taken from the View and Control of the Lord Treasurer Chancellor and Barons of the Exchequer and put into the manegery of the Pipe without any Control Answ If it shall be thought fit that the Revenue now in the managery of the Auditors and Receivers which consists chiefly of Fee-farm Rents Tenths perpetual Pentions and other dry Rents which are no ways improveable as well of divers antient Demeasn and Escheat Lands of the Crown and Forrest-Lands Bishops Lands and other Lands gotten by Exchange and Lands that came by Attainder or Purchase that were long time together accompted for in the great Roll as also of Monastery and Chantry Lands shall be charged in the great Roll then not only those Rents but also all other Rents now charged in the said great Roll being once particularly and distinctly charged in the Roll within every Hundred and Division out of which they are issuing and that the same be declared before the Lord Treasurer Chancellor Under-Treasurer and Barons and be computed and cast up in one entire sum within every division and the Sum Total of the whole certain Revenues in every County be ingrossed in the Roll which may be exactly performed within the Compasse of one year then the true state of the said Revenue both in point of charge and discharge will come more certainly entirely and readily to the view and Comptroll of the aforesaid Supreme Officers of the Court in one accompt within every County then it hath at any time heretofore in hundreds of accompts done and be under the antient Comptroll of all the aforesaid chief ministerial Officers of the said Court intrusted for and under them and will be brought in according to law and the accompts thereof will be ingrossed heard and determined in a judicial way and no part thereof discharged but by judgement of Court or by the Kings Letters Patents or Writs under the Great or Privy Seal Object 2 That the Summons of the Pipe is a weak processe and that Debts are not Scheduled in a year or two for stronger processe to be thereupon made and that the Usage and Course of the Exchequer ever have been and are repugnant to the Statute 51 H. 3. Answ The Summons of the Pipe is no weak processe as is unadvisedly Asserted for it transcends all other commands in any of the Kings Writs for enjoyning the Sheriffs to the performance of what is therein required and there hath ever been five times more money yearly levied and answered upon this processe then upon all other the processe of the Court and it ought to be the first processe for levying the Kings Debts unless the Supreme Officers of the Court do for some extraordinary cause order that process of extent should issue and Debts not answered upon the Summons are forthwith put into the Schedula Pipe and sent to the Remembrancer for stronger processe And the constant usage practice and course of the Exchequer hath always been and yet is agreeable to the Statute of 51 H. 3. varying in this point only that of late years when the Crown Revenues within the Sheriffs Collection was much impaired the Cursitour Baron who was introduced but in the time of E. 2. in ease to the other Barons hath performed that Service at the Sheriffs Proffers Apposals and dismission out of Court which before was Enacted to be performed before the Treasurer Chancellor and Barons and is no ways repugnant thereunto as the Auditors have missuggested Object 3 That the Allowance to Sheriffs for levying the Revenue will exceed the present charge Answ If the Wisdome of Parliament shall think fit that His Majesty give some reasonable Allowance for levying this Revenue the charge of the accompt being to be paid by Sheriffs this will come far short of the great charge the Crown is at by Auditors Receivers Collectors Stewards Bailiffs Wood-wards Messengers c. which as the Learned Author Sir Robert Cotton in his Book called Cottoni Posthuma pag. 181. amongst other things well observes amounted to above 12000. l. per Annum Object 4 The hazzard by Failer by Sheriffs cannot be lesse then by Receivers Answ It is notoriously known how many Receivers in the time of Queen Elizabeth King James and the late King Charles have failed for very great Sums of mony which were either never paid or else not paid at such a rate per annum as the Interest amounted unto but it cannot be proved that ever any one Sheriff failed in that kind Object 5 That the Crown is like to be at losse by arbitrary allowances subject to no Comptroll Answ The Crown is neither like to be nor indeed can be at any losse by arbitrary allowances in the Sheriffs accompts subject to no Comptroll as is very absurdly suggested First because no allowance or discharge is there made but by Warrant of the Lord Treasurer or Chancellor or by virtue of the Kings Writs or judgement of Court as aforesaid Secondly by reason the said Accompt must be under the antient due and legall Comptrollment before set forth and mentioned An Answer to the Mischefs objected as to the Subject Object 1 THe Sheriff will be at excessive Charge and Trouble in giving Security Anse The Sheriffs trouble to give security for every 100 l. will easily be provided for by the wisdome of Parliament For the Sheriff being chosen every year per Magnates Proveres regni are persons of quality and solvent Estate within their own Counties and usually elsewhere And a Recognizance if there were no other security makes all the Sheriffs Estate lyable Beside if provision be made that every Tenant and Farmor that payes 50. l. rent and upwards may pay his Rent half-yearly into the Receipt much of the Security will be taken off Object 2 The taking off the Sheriffs charge will be expensive Answ The Expence of taking his charge yearly from the Pipe for this whole Revenue will be very inconsiderably more then the usual Fees formerly paid for the Revenue now in charge there Object 3 So will the yearly Rentall prescribed by the Act. Answ If the Sheriff make