breach and not keeping of these Recognizances inrolleth processe and maketh out the same against all such persons as were bound therein according to the course of his Office He as the Returnes of the sayd processe by course of the Court do offer occasion of some change of Writs in manner and forme by the Returns of Sheriffs as Non sunt inventi Nihil habent mortui sunt languidi sunt in Prisona and such like without number doth by and by on the back side of the Writ so returned and indorsed what is to be done or leaveth it to the Clarke of his Office to do it whose charge it is to write the process of the shire where it runneth that of course can tell what to do and all the sayd processes be still current every Terme untill they that are bound or their Executors Administrators Heires or Ter-Tenants come in and pay the mony or take order therefore or plead in discharge of them He hereupon informeth the Lord Treasurer and in his absence or by his order the Chancellor or Vice-Treasurer of the Court every Terme when he is commanded of all manner of debts and arrerages of any the sayd Accountants or upon any other person depending in his Office by reason of any the sayd Recognizances or of Bonds taken or delivered in his Office by any other occasion and due with them ro his Majesty Hee according to their Order stayeth or setteth forth processes for the sayd debts and arrerages and admitteth any person vexed with processe from time to time to plead in discharge thereof or of any part of the same unto which plea the Kings Attorny is made privy who referreth the same over to the Court if hee thinke not good to confesse it Hee hath all manner of Informations upon penall Statutes Intrusions Councealments and such like put in and sued in his Office only with all matters Recognizances and Bonds depending or proceeding upon the same He by calling on and remembring the Court and the Kings Attorney of the same and other Pleas depending in his Office doth drive them to be ended either by the Attorney generalls confession or Judgement of the Court upon Jury Demurrer Privy seale or composition Pro misis Parcandis being upon popular actions He only on his side maketh the Bill Roll of compositions Promisis Parcandis upon penall Lawes and Statutes and getteth the Lord cheif Barons the Kings Attorney and the other Barons hands to them and maketh up the Records of the same Hee taketh the stallment of all debts by Recognizances after the ancient course and sometimes now by Obligation because the parties bound upon their payments would have out their Bonds again which else be as Statutes of the Staple to the Prince by Act of Parliament which stallments should be forthwith sent downe into the Pipe that they might be so moved out there for time to time against the day that any payment shal grow due and so is the ancient course of the Court. Hee only taketh Bonds and Recognizances in the Court and all to the Kings use of all Sheriffs Customers Controllers Receivers Bayliffs and of all other persons whatsoever that are bound in the Exchequer and doth all things proceeding upon the same He inrolleth all the sayd Bonds and Recognizances in remembrance of the yeare that are taken there or brought in and delivered in Court for the Prince his better safety if the same should miscarry by fire imbezeling or otherwise Hee sometimes by Warrant of the Lord Treasurer and in his absence the Chancelcellor the Vice-treasurer the Kings Attorney and the Court maketh out Commissions in the Countrie to certaine Commissioners by Dedimus Potestatem to take Bonds to the Kings use when the partie is to be bound with Suretyes and cannot conveniently come up or bring his Sureties hither to be bound for him of the Retorne whereof he maketh Record and fileth the Commission and the Certificate and the lands besides He by like writt changeth bonds and Recognizances of the first parties that were bound and taketh others in other places that the Lord Treasurer the Chancellour and the Vice-treasuror alloweth of He maketh all processe Commissions Decrees orders Awards and Entries proceeding or growing of anie matter cause plea or originall depending or to be sued on his side that the whole Course of the matter may appear and remaine on Record in any place ever together He maketh a Record in his office of all the Certificates delivered unto him by the Clerke of the Star chamber under his hand of such fines as be felt upon any person by the Lords there and causeth the same fines to be sent downe from his Record into the Pipe to â—e sumoned out there to be written from thence by the Treasurors Remembrancer when they be put in his Book called Cedula Pipe He maketh up the Record of every Bishops death of his multure of his best horse Ring and cup of gold and silver seised to the Kings use or of fine made thereof by every of their executors or the administrators of their goods and Chattells He taketh the Proffers every Easter and Michaelmas Terme in the Receipt before the Barons of all the Sheriffs Bayliff and Eschearours and marketh the default of every of them that doth not appear there by his Attorney aswell as the Treasurors Remembrancer doth He readeth in open Court the Oathes and the Usher giveth the Book at the Election of Sheriffs yearely every C. Animarum in French and offereth the Book to be kissed by them that chose them He readeth in open Court the Oathes and the Usher giveth them the Book to kisse that all the grand Officers of the Court of Exchequer doe take either before the Lord Chancellour for the time being and the Barons and likewise the Oathes that all the under Officers Ministers and servitors of the said Court doe take before the Lord Treasuror the Chancellour the Vice-treasuror and the Barons of the Court or some of them He onely maketh the great Prerogative Writ of the Court for all Officers Ministers and Servitors of the Exchequer and Receipt and for their men that be sued elswhere in anie Court of Record or place to remove such plaint before the Barons such a day to surcease the suite He hath delivered into his office to keep all manner of Judgements Fines Recoveries deeds Releases writings Charters and Evidences whatsoever that are brought into the Court by the Lord Treasuror the Kings Attorney or any other person either for the Assurance of lands and Tenements to the Crown or for the better Recoverie and enjoying lands and tenement that ought to come or be in the Crowne He maketh by warrant of the Lord treasuror the Chancellor the Vice-treasurer the Kings attroney and by the Award of the Barrons in open Court all manner of processe writts Injunctions and conditions whatsoever that be to be made on his side besides the ordinary processe and writte of every Terme whereof
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 Tâ—râ—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 ousteâ—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 Diâ—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 mensâ—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
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 breifneâ—… 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
in the receipt being brought then to the King at the end of every Terme did chest the same up and did Content every Chest what summe and sorts of mony was in it intitleing it B. or C. as in course it fell out and carried it to the Kings Treasuror in the Tower and entred the same in the Kings Book which he kept in his deske leaving ever in that receipt sufficient mony to pay ordinary Fees and sums of money it was charged with betweene that and the next Terme And hereupon I thinke the Vice-treasurer was made to see this done both of trust and ease of the Lord Treasurer as being too mean a thing for his Lordship to be troubled with and yet fit to be done by some meaner person of trust and great secrecie He being Chancellor of the Court in the late Lord Treasurers time and absence and before the uniting of the said Courts of Augmentation and the first fruits and Tenths did order and command all things as the Lord Treasuror in the Court of the Exchequer and in the receipt saving that which was done Per Considerationem Baronum upon Pleas Informations Iudgments c. He before the uniting of the said Courts and since the Lord Treasurors death did make the two Praisors of all wares and Marchandizes seized by any Informer as taken up uncustomed and informed against in the Court of Exchecquer whereof they make him a Bill of Praisement and he giveth order whether the owners shall have the goods againe as they are praysed or whether part or all shall be otherwise sold wherein the late Lord Treasurer would sometimes deale and intermeddle with his privity The Lord Chiefe Baron HEE is sworne by the Lord Chancellor or Lord Keeper for the time being or the Lord Treasurer and the other Barons and is the cheife Judge of the Court and in matters of Law Information and plea he answereth the Barr and all suitors He giveth all days for bringing of Pleas Informations Answers Replications Rejoynders and amending of the same as occasion is offered at the Bar. Hee maketh all the Orders of the Court that touch or concerne the matters at the Bar or the Suite depending in Court or is moved by learned Counsell and yet with great orderly consent of the Lord Treasurer the Chancellor the Vice-Chancellor Vice-Treasurer the other Barons and the Kings learned Councill or such as are present of them as the case shall require Hee in the absence of the Kings learned Councill answereth the Bar most diligently in the Kings Majesties behalfe and when the Kings learned Councell be there hee suffereth them to speake and answer to the Bar for his Majesty all that come and joyneth with them my speech and conference to satisfie the Bar to alter or mend the matter or words of the plea for the furtherance of his Majesties side in all causes the Law will bear him He before hee proceed to Judgement in Causes against the King either hee asketh or willeth the Officer on whose side the matter is to aske the Kings Attorney what he can or wil say more for the King in such a matter that the Court may be informed of it And even so doth he for the party if the Kings Majesty be to have Judgement for him He and his fellowes conferre together in all difficult matters and judgements of the Court and when they have resolved the Law therein they use to impart the same to the Lord Treasurer Mr. Chancellor Mr Vice-Treasurer and to the Kings learned Counsell and if they cannot satisfie the Barons the Law to be otherwise they proceed to Judgement The Court being called upon therefore at the Barr although the Lord Treasurer Chancellor Vice-Treasurer and the Kings learned Councill would faine have it goe otherwise which they do with great circumspection and feeling sometimes the opinion of the Judges therein and ever after long and often deliberation had first thereupon Hee ever giveth Judgement in the Term time only and speaketh in this wise to the Remembrancer on whose side the matter is If the Kings Attorney say nothing for the King between this and such a day for such a matter enter Judgement for I. S. or if the party say nothing for such a matter enter Judgement for the King He in open Court awardeth Commissions Processes Injunctions and all manner of Writs and commandeth stay and Supersedeas of the same and such his Award is set down in the booke of orders on the Remembrancers side where they issue out and such his Award is set down in the book of Orders on the Remembrancers side where they issue out He out of Court maketh Warrants and Fines as the Lord Treasurer Chancellor and Vice-Treasurer doth to any the Remembrancers whom it concerns to make out any manner of Commission Processe Injunctions Supersedeas Writs of priviledge and such like Hee in open Court doth set Amerciaments and Fines upon all Sheriffs Coroners Escheators Commissioners pursivants makers and ayders of Rescues that do not execute serve return deliver or obey the Kings Commissions Processes Injunctions and Writs as to every of them appertaineth He committeth to ward in open Court and in the Exchequer Chamber all that be indebted to the King that misbehave themselves in the Court that disobey the Kings Processe that keep not their dayes or the order of the Court or otherwise be worthy to be committed as the case shall require He alone in the afternoones in the Term time doth sit upon all Nisi prius in London in the Guildhall that came out of the Remembrancers Office or the Clarke of the Pleas Office concerning any matter or tryall there by the Jury of London which cannot be dispatched at Westminster for lack of time and leisure Hee appointeth the dayes and Termes when all Demurrers in Law shall be argued at the Bar and likewise in the Court to shew their opinions upon the same Hee commandeth all the Officers under the Bench to make searches for the King and the Court to give their attendance on the Barons in the afternoones at Westminster to set Fines and Amerciaments on the Sheriffs and to informe the Court of that is meet or otherwise to confer with them And sometimes hee commandeth the sayd Officers to attend at his Chamber upon him and his fellowes for conference or information about some speciall matters appointed there to be heard or considered upon He and his fellowes take without Fee in open Court all manner of Recognizances for the Kings debt for appearances for observing orders for keeping the decrees of the Court and such like and for every Recognizance taken out of the Court he hath six shillings eight pence He taketh the presentation of all Officers in the Court that are under himselfe and of the Mayors and Sheriffs of London and giveth such exhortation and oration as to himself shall seeme meete and Commandeth their Oathes to be read unto them by the Kings Remembrancer and seeth them take
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 LONDON Printed by T. R. for Tim. Twyford and W. Place and are to be sold at their Shops within the Inner Temple gate and at Grays Inne gate in Holborne 1658. To the Reader I Have neglected ordinary flatteries least I might seem to beg an applause not merit it Let it not seem a work of supererrogation to publish this Tract since t is hoped the Work it self is bonum utile else had not that great and wise Lord Buckhurst taken such care to command it to writing had he not known that bonum quo communius eo melius And therefore I hope my self very worthy of excuse from blame by any inasmuch as hereby present generations may learn past Polity and by the Rule thereof square their actions And if any thing herein fall short of expectation t is my request That you will rather look at it as an escape then a crime since the whole ayme is both thy pleasure and profit which if you attaine I have the accomplishment of my hope otherwise Si quid noristi rectiusistis Candidus imperti si non his uters mecum Farewell What every of the Officers of the EXCHEQUER usually do by virtue of his Office in England The Lord Treasurer Questions concerning the Lord Treasurers Office with severall Answers to every Question made by Mr. F. Or rather a Declaration of his Opinion touching the same written at the Request of the Lord Buckhurst I. Question THE Lord Treasurer is sworne and admitted in open Court by the Lord Chancellor or Lord Keeper for the time being Answer Sir I have seen the Records of the like Admittance and yet the Lord Treasurer that was last was sworne in the Chancery II. Question Hee is appointed by Statute co be at the election of the Sheriff yearly In Cr. Animarum Answer By the Statute of Anno 14 Ed. 3. cap. 6. The Chancellor Treasurer and cheife Baron calling others to them are to name Sheriffs in Cr. Animarum yearly and by the Act 12 R 2. cap. 2. they must be sworne to do as is there limited III. Question Hee nominateth after the Sheriffs be chosen all the Escheators in England Answer Escheators ought to be nominated by virtue of the sayd Statute of Anno 14 E. 3. cap. 8. but by what reason he doth it alone I know not IV. Question He giveth by Statute all the Offices of the Customers Conmptrollers and Searchers through England during pleasure by his Warrant under his hand directed to the Lord Chancelor or Lord Keeper for the time being Answer This he doth by virtue of a Statute made 31 H. 6. cap. 5. V. Question Hee granteth by Statute and Custome for the accustomed Rent Custodiam of the ancient Crown Lands and Escheated Lands and Firman ulnagij in all the shires in England c. Answer I cannot speake certainly of this I know not how to informe my self so as I would saving that I thinke the Alnage is let to Farme by the Statute of Anno 4 H. 4. cap. 13. and 4. E. 4. cap. 5. VI. Question He granteth Firman terrarum seis pro Domino Rege quamdiu in manu dicti Domini Regis fore contigerint to any that sue for it by his Warrant made of late to the Clarke of the Pipe and in old time directed to the Lord Chancellor or Lord Keeper for the time being Answer Neither do I know this certainly but I have beene told that the Leases made under the Exchequer seale be not good VII Question He sitteth in Court or in the Exchequer Chamber and ordereth with the Chancellor under Treasurer and the Barons of the Court the matters offered before them to the Princes most benefit as they can by the law course or equity but the Judgement is only Per considerationem Baronum Answer Hee sitteth in the Court and ordereth with others as is declared in this Article when it pleaseth him and the oftner the better for the profit and service of the King and the dispatching of suits and suitors VIII Question Hee may call upon the Kings learned Councell and the Officers of the Court to consider by the law and Presidents any matter sore pressed against his Majesty at the Barre and desire the Court to stay proceedings in it while they may be better informed Answer There is no doubt but hee may and will do all this when hee shall see others negligent or any other good causes so to do XI Question Hee and the Barons may by Statute shall debts of three hundred pound and under to be payd at dayes Answer This they may do by the Statute of 1 vel 2 E. 3. cap. 4. X Question The Treasurer the Chancellor the Vice-Treasurer and Barons of the Court may and do use to make Orders and Decrees of Allowances of Pensions Portions Rents Payments Fees and Considerations thought good by the Court and upon intricate matters and matters of equity in the Court betweene the King and the party to bring them to a finall end as best for all parts and not well able to be determined by the ordinary pleading or otherwise of the Court. Answer They may and do use to make Orders and Decrees as is there declared and for that purpose do sit both in the Court and often in the Exchequer Chamber to heare English suits which they do by virtue of the Statute 33 H. 8. cap. 39. See the Statute booke at alrge fol. 92. H. 4. XI Question Hee in giving judgement with the assistance of the Court doth order stay examine heare debate prolong and end all causes of the Exchequer either by Judgement order or decree by privy seale from his Majesty when otherwise it will not be done Answer It is certaine that hee and the Court or to say more plainly the Court whereof he is cheife may do all lawfull things that are there to be done either by virtue of Law or of the Kings Warrant which I take to be the meaning of this Article XII Question He alone punisheth reformeth directeth and ordereth all the Officers of the same that by Law are not to be brought into the Court of Exchequer Answer All the punishments which I have found in any Record have beene done as by the Court and all their Accounts and Concealments Informations and sundry other things have been taken examined and ordered as by the Court And yet his Lordship hath great Authority over them by the Statute of 17 R. 2. cap. 5. where it is enacted that those Offices should remaine in the Kings hands under the governance of the Lord Treasurer for the time being with the assent of the Counsell where need shall be XIII
Question Hee directeth his Warrants to all the remembrancers as the case lyeth on any of all their sides for all manner of Commissions Processes and Injunctions needfull in the matters of the Court and when the case requireth speed hee writeth first his Letters therein and if hee thinke it good hee sendeth Commissions Processes and Injunctions after them and sometimes by the same doth undoe and stay that the Barons have commanded Judgement being not given Answer He directeth Warrants for Commissions and processe and so do others but they be taken and used as Acts of the Court and allowed and disallowed as they stand with Justice Hee sometimes maketh Warrants for injunctions to stay spoiles of houses woods and such like c. But for alterations of possessions from one to another Non auditis partibus or out of Court very seldome or never As for writing of Letters and after processe I thinke they have been few of late yeares and found almost fruitlesse For Super debile fundamentum cadit opus And of the undoing and staying of the Barons Commandements hee hath given sometimes stay for a time upon better information then they had but undone nothing but upon conference with them and with their Consents to my remembrance I have only seene these things done but not found them in any Record that I rember XIV Question Hee sendeth his Serjeant at Armes for all such as do disobediently set neglect or devise to disappoint the Kings Processe and sometimes hee sendeth him otherwise after his discretion for persons that are skipping aside erneed so to be stayed or to be sent for Answer I have not seen any Record that he hath sent a Serjeant at Armes for any man before the Lord Marquesse his time and that was done when ordinary processe would not be obeyed and that also very seldome But in the Lord Burleighs time the sending grew common against Sheriffs and Collectors c. as I remember I have seene in ancient Records that Serjeants at Armes have been sometimes and yet seldome authorised by commission to doe sundry services XV Question Hee alone giveth the Warrant to all men to have their Wine free of impost Answer Hee alone for any thing I know hath given all the Warrants for freeing the impost of French Wines yet I finde in Anno 1571. the impost was rated by writing under her Majesties hand wherein it was ordered that if any of reputation being good house-keepers were left out of the rates then it should be lawfull for the Treasurer and Chancellor to give allowance but how this authority hath beene put in ure I know not XVI Question He the Chancellor and Vice-Treasurer make all Warrants for wood sales Answer I have not seene or found any Record or otherwise that hee or any other of the Exchequer hath had any authority to make sale of the Kings Woods but by Writ or Commission under the great Seale and that also very rarely but by Article amongst the Articles for annexing of the Court of augmentations to the Exchequer viz. Article 27. there is a prohibition concerning the Woods of the Lands in the survey of the augmentation Court of this Tenor viz. No Wood sales to be made without a Commission from the Lord Treasurer and to such other of the Court as hee shall call unto him and in his absence the under Treasurer calling unto him two of the same Court and other Authority then this I have not seen but to the Court of generall surveyors which as I take it is since dissolved by the statute 7 E. 6 cap. 2. XVII Question Hee the Chancellor and Vice-Treasurer make all Warrants for mony to the Receivor of the shire for reparations of houses Sea-Bancks and water works where the same be And commonly he directeth his Warrant for a Commission to go out to enquire of the sayd needfull reparations and the charges of the same Answer All the generall Authority that I have seen to give warrant for reparations is by the Articles of annexing the sayd courts before mentioned Article 20. XVIII Question He directeth Warrants sometimes to make Commissions to some to be Receivors Surveyors and such Officers of the Revennues during pleasure under the Exchequer seale after any be dead or put out for any misdemeanors whilst the Kings Majesty be moved for the Bill assigned and to stay others from suing Answer He sometimes alone and sometimes with others hath made such warrants as is alleged and not without good cause as is there mentioned XIX Question He cheifly protecteth the Iurisdiction of the Court the Officers and all the matters of the same Answer The Jurisdiction Officers and matters of the Court be protected by the law and by the Authority of the Court and this Lord being the cheif doth cheifly worke in that matter like as in all other wherein he dealeth XX. Question He Commandeth and restraineth all the Officers and Ministers of the Courts and all others in the Kings Majegisty Causes and matters belonging to the same Answer He commandeth all to do their duties diligently justly and truly and restraineth all to do the contrary XXI Question He alone and the Chancellor Vicetreasuror and Barrons of the Court after his and their discretions do punish all the misdemeanors of the other Officers and Ministers of the Court and of all others that abuse the Court the Causes the processe and appendance of the same Answer I have seene by Records that the Court hath done punishments after divers manners upon the Officers and divers others but I remember none on Record to be done by him alone XXII Question He untill the late uniting of the Court of Augmentations and the first fruits and Tenths did use to sit and deale very little in the Court of Exchecquer but left all there belonging to him to be ordered by the Chancellor Vice-treasuror and Barons Answer I thinke this to be true but I have not seen any Record of it XXIII Question He alone or he the Chancellor and Vice-Treasurer do allow at the Liberate every Hillary and Trinity Terme such summes of mony out of the Exchequer as to them seems good for any bodies considerations about the service and charges of the court or Revenue of the same as by the leiger privy Seale in the receipt he and they are authorized so to do Answer He and the under treasuror or one of them alone without the Chancellor do give these allowances in such terme or time as they see cause by vertue of the privie Seale in the Article mentioned and for this purpose the Articles of the annexing of the Augmentation Court Article 20 may be considered XXII Question He alone by the Articles of the late court of Augmentation and the first fruite and Tenths annexed to the Exchequer may do something alone and something he with the Chancellor and under-treasuror the Chamberlaines and Barrons of the Exchecquer or three of them and some things he with the Court and some things he
with such persons as he shall call to him which are here too long to set downe particularly and therefore are referred to the said Articles Answer The certainty whereof may be knowne by the Articles themselves XXV Question Hee hath used before the uniting of the sayd Court of augmentation and the first fruits and tenths in all great matters of the Courts sometimes to confer with the Chancellor and under Treasurer alone and some times with them and the Barons and sometimes with them and the Kings learned Councill and some times with them all and the two Remembrancers and Clerke of the Pipe about the same what were best to be done But since the uniting of the sayd Court according to the Articles of uniting the same he hath used much to conferre and joyne with the Chancellor and Vice-Treasurer upon all forraine matters Causes and Actions of the Court that stand not in plea Suits or Judgement before the Court but come in question order and determination by the sayd union and shall call such Officers as shall please them to consider and determine upon the same Answer I have seen no written direction for this course but undoubtedly he may and will call any Officer unto him to conferr with for his Majesties service and determine of matters according to Justice XXVI Question Hee alone and he and the under Treasurer by his discretion as I take it do survey and order all the Receits and all the Officers and matters thereof and of the Treasury and do direct payments and stayes of payments by their discretion and do examine all receits coming in and going out of the receit but can suffer no penny to go out but by privy Seal or great Seale from the Prince or by decree or Writ from the Court that sometime cometh so about by the Judgement of the same He hath divers other authorities by old and new Statutes both alone and with others which are referred to be found out by learned Counsell that have abridged the same Answer I have not much experience in the Receipt but I do hold it for certainty that none of the Treasure may be payed out without good warrant from the King And I have seen by record and otherwise that some misdemeanors there committed have examined and ordered in Superiori S. Here I was required as I understood by the Messenger to set downe by what Warrant and authority the things before specified were done I have endeavoured to performe that according to my best understanding as before appeareth And where I was required also to set down what other authorityes be in this Lord so it is that I Authorities in the Lord Treasurer have observed by reading of the Records of all Kings times that he hath been taken for a very great Officer and chief of the Exchequer amongst which concerning his ancient generall Authority and Duty I finde these words written of him Adquem spectat de commodis domini Regis curare ut ejus disdendia viteut prospicere By which and by his oath his generall duty and authority may be conveniently and reasonably conceived and gathered And touching his other authorities that be not before mentioned I thinke there be some by Statutes and some by Commissions or privy seales concerning his Office in the Exchequer which I do not take upon me to set downe least I by forgetfullnesse should omit some of these I know and might omit diverse others having not beene made acquainted with them and to my best remembrance they be most of them joynt with others and am of opinion that if when any thing shal be offered unto him or required of him to be done It will please him first to require the sight and understanding of his Warrant in that behalfe his Lordship shall in short time finde and know his authorityes that hee will require in such cases whether it be by Act of Parliament or any other way and I for my part will be ready to declare my simple knowledge and experience in every case And what hath beene done by the two last Lord Treasurers I suppose that the next hath seene either already or heard himselfe or shall by some other hear of it And if his Lordship shall finde just cause to understand by what Warrants and Authority they did so he may easily understand of it by some of his Majesties Officers The Chancellor HE is an Officer thought by many to have beene placed in the Exchequer to have qualified all matters of extremity and rigour between the Prince the Subject and the party with Conscience and equitie But yet I never saw nor have heard of any Record ever made in the Exchequer in that case by order direction or qualification He hath in Court the proper place of the Bench above the Lord Treasurer He in the Lord Treasurers absence doth in Court in the Exchecquer Chamber all things to the Kings most benefit and furtherance He in the Lord Treasurers absence if the Barrons and learned Counsell of the suitor doe much presse any matter against the King or that he findeth there is some learning in the case doth pray that it may stay untill the Lord Treasurer be made privie and the Kings learned Councell may be conferred with and the presidents of the Court may be shewed upon the same He maketh warrants to any of the remembrancers to make all manner of commissions processe and iniunctions as the case requireth aswell as the Lord Treasuror doth He by the late Lord Treasuror and Sir Richard Sackvills order and agreement had referred unto him the oversight and rule of the Court of first fruits and Tenth of all compositions bonds mattes and canses of the same He in the Lord Treasurors absence for orders and Commandements in Court for the benefit of the Prince and case of the Subject and suitors hath ever done commonly that the Lord Treasuror useth to do He hath ever used in great causes of the Court to make the Lord Treasuror privie and to confer with his Lordship about the same He being Vice-treasuror also after the death of the Lord Treasuror and while a new Lord Treasuror be made doth all things which the Lord Treasuror both in the Exchequer and Receipt doth use to do Under-Treasurer IS an Office erected of late in the time of King H. 7. And whether it was of the Kings nomination first or of any Lord Treasuror it is not known But it is said that Sir Robert Mitton Knight that was then the Lord Treasurers Remembrancer was the first Vice-treasuror that was ever made and had no patent thereof but Sir Iohn Baker when Thomas Duke of Norfolke was made Lord Treasuror in H. 8. time being nominated Vice-treasuror after Sir Robert Mitton did procure a Patent thereof under the great Seale of England and was the first that had a Patent of the same office He in King H. 7. time as I have heard say the report of the remaine of the Treasure
the same He taketh the Declarations of the ingrossed Accounts of the late Augmentatition Revenue in the Counties of Northumberland Richmond Durham Receivers of Nottingham and Derby Lincolne c. Receivors of Chester Lancaster Westmerland and Cumberland Receivers of Northton and Rutland Receivers of Leicester and Warwick Receivers of Salop Wigor Stafford and Hereford And made before him by the Auditors of the same Shires He with the Kings Attorney Promissis Parcandis doth set all the Fines of Composition upon any that is informed against in that Court by any popular Action or penall Statute which Fyne doth bring the defendant to an end thereof and is set downe from the Roll of the Kings Remembrancers side and charged in the Pipe where he hath his Quietus est upon his Fine payed by tallie and allowed there The second Baron IS he that is next in place and Ancientie to the Lord Cheife Baron and in his absence doth Answer the Barr in matters of orders and course as the case offereth and in matters of law difficultie or importance He referreth all suitors untill the Lord Cheife Barons comeing and that the Court be fuller He and his fellowes in the Lord Cheife Barons absence in meane Causes and matters of Course doe take order with all suitors and matters offered at the Barr as in dayes of Apparances Recognizances Receiving and mending of Pleas informations lycense to depart and some Iudgments the Causes being not great and the Lord cheife Barons mind being somewhat fore-known therein And in every thing he useth more Authoritie in the dispatch of matters in the Court which are called on at the barr when the Chancellour the Vice-treasurer the Kings Attorney or Sollicitor or some or most of them are present in Court wherein he and his fellowes have the more consent and agreement of the cheife Officers of the Court. He and his fellowes in my Lord cheife Barons absence may doe all in Court that my Lord cheife Baron may doe and is good in law Per Considerationem Baronum though there be but two of them yet in most matters and especially of any weight they take a respit and put over the same and wil be advised thereof until such a day He giveth yearely the morrow after Simon and Judes day the Oath to the Lord Mayor and Escheatour of London that he shall make a true Account of the Escheatorship and aske no petition or Allowance but that which is good and true He in the Lord cheife barons absence doth take all manner of Recognizance in Court and out of Court as the Lord cheif Baron doth and hath for his Fee of every one taken out of Court six shillings eight pence as aforesaid He taketh the Declaration of ingrossed Accounts of the Receivors of the late Augmentation Revenue in the Countie of Kent Surry and Sussex Receivers of London Middlesex Hertford and Essex Receivers of Norfold and Huntington Receivers of Suffolk and Cambridge Receivers and made before him by the Auditors of the same Shires He examineth the letters and casteth up the sums of such Sheriffs forraign Accounts Escheators Accounts Collectors Accounts of Customes Subsedies and Fifteens as are brought unto him by any of the Auditors of the Court in the head of which accounts the Barons name is set that examined them And his addition thereunto is Auditor And then the Auditors name that did take and ingrosse them is set under the Barons name and his addition thereunto is Clericus So as it seemeth the old course of Exchequer accounted the three under Barons the Auditors of the court and those we now call Auditors but as their Clerks And in this wise the old account of the Ward Robe the Victualls the Ships the Workes the Provisions the Wars and such like were heretofore taken and examined which be now taken by the Auditors of the Prests and are declared by them and they account before the Lord Treasurer Chancellor and Vice-Treasurer only except they please to call some of the Barons to them as they use so metimes when the most of them cannot attend the hearing of the same accounts The third Baron IS hee that is third in place and Anceintie to the two Barons and may do all things in Court in their two absences as the two Barons and their fellowes might do before but in both their absences the third is very circumspect to do or meddle with anything but that which is ordinary and referreth over all suitors as before He may take Recognizances in Court to the Kings use as the other did before and hath his fee also of six shillings eight pence for the same that are taken out of the Court as the other had before He giveth every Symon and Judes day the Oath to the Lord Mayor and Gaugers of London that he shall make a true account of the same and aske noe petition or allowance but what is good and true He taketh the declaration of the ingrossed accounts of the Receivers of the late Augmentation Revenue in the Counties of Somerset and Dorset Receivers of Cornwall and Devon Receivers He likewise as the second Baron did before examineth the letters and casteth up the sums of such Sheriffs forraigne accounts Escheatours accounts Collectors accounts of Customes Subsidies and Fifteens as are brought to him by anie of the Auditors of the Court as aforesaid The fourth Baron IS alwayes a Cursistor of the Court and hath been chosen of some one of the Clerks in both the Remembrancers offices but most usually he is and hath been chosen of some one of the Clerks of both the Remembrancers office or of the Clerke of the Pipes office He taketh Oath every Simon and Judes day of the two Attorneys the new Lord Mayor then putteth in ad recipiendum mandatum Curiae And likewise of the Deputie Escheator and Gauger of the late Lord Mayor Elcheator and Gauger of London that they shall make a true account of the said Offices and aske noe petition or Allowance but that which is good and true He if he present in Court at dayes of prefixion taketh the Oath of all high Sheriffs there under-sheriffs or Attorneys and of all Escheators that they shall make a true account of the said Offices and aske noe petition or allowance but that is good and true He taketh the Oath of all Collectours Countrollors Surveyors and Searchers of all the Custome houses in England that they have made true Entries in their Bookes without concealment or leaving oat any parcell of wares or merchandizes to the Kings hinderance or prejudice He taketh before the Court commonly begin to sit or when it hath little to do or my Lord cheife Baron is absent the opposals of the Shiriffs of their summons that come in and are sworne to account as before which is nothing else but opposing of every Sheriff what he will say to every summons which is written to him out of the Pipe who upon the sayd opposalls answereth unto such