Debtors Accountants c. which pay in the same The principall Officers of trust in the said superior Exchequer under the said head Officers are the Kings and Lord Treasurers Remembrancers the Clerke of the Pipe or Ingrosser of the Great Roll and the Controller of the Pipe with a competent number of Auditors for preparing and casting up all accounts The said Controller of the Pipe being to write a duplicate or double of the said great Roll to remain in his custody for the better safeguard and controlment of the revenues of the Crowne and twice every yeare to make forth proces from the said great Roll to all Sheriffes for levying the Rents Farmes and Debts in every Shire City and Towne Corporate which proces was anciently called by the name of the Summons of the Exchequer being of the force and nature of a fieri facias for levying of the Kings rents debts upon the goods chattels of the Farmers and Debtors therein specified Howbeit about the beginning of the Reigne of King Edward 3. when the casuall revenue called the Greenwax was so much encreased that the Controller of the Pipe could not well undergo the burthen of the whole worke Clerke of the Estreats There was a new Officer intituled the Clerke of the Estreats introduced to write the summons for the said Greenwax onely in assistance of the said Controller and one other Officer called the Forraigne Apposer Forraigne apposer For opposing of Sheriffes upon the said Summons of Greenwax who is forthwith after every such apposall to send the whole charge wherewith every Sheriffe chargeth himselfe of the said Greenwax in every title into the Pipe there to be added to the other charge of each Sheriffe upon his account in the great Roll together with so much of every title as is to be charged upon the Lords and Bailiffes of Liberties and that which is nichelled is to be written in proces a new from the Pipe saving that the nichelled issues are by the Clerke of the Nichells sent to the Treasurers Rememorancer who according to the Statute of 27. E. 1. makes forth writs of Scire facias out of his Office to all such Sheriffes who returned those parties at issues to shew cause why they should not satisfie the same Issues to the King by reason of the insufficiency of the said parties so by them returned at Issues since which time of the introducing of the said Clerke of the Estreats to write the summons of the Greenwax the summons written by the Controller of the Pipe and the Clerke of the Estreats have been distinguished by the names of the Summons of the Pipe and Summons of the Greenwax As concerning the said casuall Revenue called the Greenwax it consisteth of such Fines Issues Amerciaments Recognizances for appearances and other forfeitures as are yearely set lost and forfeited before the Justices of the Kings Bench Common Pleas Barons of the Exchequer Justices of Assize Goaledeli cry Justices of Peace Commissioners of Sewers Clerke of the Market and the like which by the Lawes of this Kingdome are to bee Estreat yearly and sent into the Exchequer from all the said Courts and places to the Lord Treasurers Remembrancers Office and from thence after an entry made of the numbers of every scedule c. to bee forthwith delivered together with those of the Exchequer as well in that Office as in the Offices of the Kings Remembrancer and the Clerke of the Pleas to the said Clerke of the Estreats for execution to be done thereupon in such manner as is formerly set downe And as for all Rents Farmes Custodies Extents and other Debts and Duties belonging to the Crowne as well the Remainders of the Farmes of the Counties the Farmes of Serjeancies and Asserts the Farmes of Cities Burroughes and Townes corporate and all other Farmes and Rents whatsoever whereof there is answere made yearly in the Exchequer and all debts determined and grosse Debts arising from the Offices of the Remembrancers whereof there is hope that somewhat shall be paid and all debts and Supers depending in any accounts within the survey of the said Court of Exchequer These are by the new Statute of the Exchequer Stat. de Rutland An. 10. E. 1. called the Statute of Rutland An. 10. E. 1. to be written in the Annuall or Great Roll of the Pipe and proces to bee first made from thence to the Sheriffes by the Summons of the Pipe for leavying thereof to the Kings use accordingly And the reasons why the Summons of the Pipe not extending to the body or lands of any debtor but onely to their Goods and Chattels and why the Summons of the Green Wax not extending either to body or lands or to the infringing or entring into any liberty is to be the first proces Mâ—gna Charta cap. 8. is this For that by the statute of Magna Charta it is provided that no Sheriffe or Bailiffe shall seize any lands for the Kings debts so long as the present Goods and Chattels of the debtor doe suffise and the debtor himselfe bee ready to satisfie the same And that the Pledges of the debtor shall not bee distrained as long as the principall debtor is sufficient And for that also if a stronger processe should bee first made to the Sheriffe of non omittas propter aliquem libertatem c. For leavying of the Greene Wax the Lords of liberties should thereby bee barred and put by their Franchises and claimes which would bee against common right But they are much deceived that take the Summons of the Pipe to be no more then as it were a Scire fasias or Summons to the Farmer or debtor to pay his rent or debt or that it is but tardum remedium or of slow execution to bring in the Kings Rents and Duties for though it is in truth but a Summons yet it is a Summons not to the debtor but to the Sheriffe and such a Summons as transcends all other commands in any of the Kings Writs for injoyning them to the performance of what is thereby required The Writ is as followeth Carolus Dei gratia c. Vic. B. salutem vide sicut teipsum omnia tua diligis quod sis coram Thesaur Baronum de Scaccario apud Westmonasterium in Crastino clausi Pasche prox futur Et habeas ibi tunc quicquid nobis debes de novis veteribus firmis omnia debita subscript hanc summon de Pipa Teste A. B. Thesaur Angliae apud Westmonasterium duodecimo die Februarii Anno c. As if the King should say Viz. at the Easter proffer by the first Summons and at the Michaelmas proffer by the second Mr. Sheriffe as you love your selfe your wife and children and all that you have see that you bee upon such a day at Westminster before our Treasurer and Barons and bring with you all our Farms and rents then due and all other the debts
power for gratifying her loving subjects withall by a generall pardon of grace at every Parliament Thus much may suffice to have spoken of the superiour or upper Court of Exchequer touching the ancient course of passing Accompts by Sheriffes and other Accomptants In the next place before I passe from the superiour Exchequer called Scaccarinm Computorum to the lower called the Receipt It will not be amisse to take a short view of the Officers there and in whose gifts their Offices are And first for the Lord Treasurer and Chancellor their places are as ancient as the Exchequer and in the Kings gift The Vnder-Treasurer or Vice-Treasurer was not knowne till the time of King Hen. 7. at which time the Lord Treasurers Remembrancer was made Vice-Treasurer and whether of the Kings nomination or the Treasurers is not knowne Sir Iohn Baker being nominated Vice-Treasurer in the time of Hen. 8. had a patent from the King of the said Office under the great Seal which is still in the Kings gift The chiefe Baron and three other learned Barons and the Puny or Cursitor Baron are all in the Kings gift The said Cursitor Baron being so called because he is chosen most usually out of some of the best experienced Clerkes of the two Remembrancers or Clerke of the Pipes Office and is to informe the Bench and the Kings learned Counsell from time to time both in Court and out of Court what the course of the Exchequer is for the preservation of the same and of the prerogative and benefit which his Majesty hath thereby which the course of the Court most commonly maintaineth and respecteth The two Chanoberlaines had in old time great Authority in the Exchequer and have kept the keyes of the treasury Coffers and were ever privy to the pells of Introitus exitus of the which each of them are to keep a controlement at this day and anciently no money was issued out of the receit without their privity their names being still continued in all privy Seales for payment of money out of the receit though it is now delivered without them Their place in Court is next to the Barons and they may sit keep their places daily in Court if they like to attend and hearken to the causes there without any intermedling therein But at the election of the Sheriffes Crastino animarum they use to be present and may say their opinion for preferment or stay of men to be Sheriffes as the Barons and Iustices do Their places were anciently of inheritance but now are in the Kings guift The Kings Majesties Attorney and Sollicitor generall have beene alwaies reckoned amongst the Officers of the Exchequer though they have audience and come within the barre in all other Courts their places being in the Kings guift The Kings Rememcrancers Office hath alwayes since the first erection been in the Kings guift The Treasurers Remembrancers Office implies by the title that it hath beene in the Lord Treasurers guift but for a long time it hath been and now is in the Kings guift The Office of the Clerke of the Pipe or ingrosser of the great Rol was anciently in the Lord Treasurers guift till about the time of Ed. 3. since which time it hath beene and now is in the Kings guift The Office of the Controller of the Pipe is at this day and alwayes hath beene in the gift of the Chancellor of the Exchequer the said Controller being anciently stiled Clericus Cancellar and the Clerke of the Pipe Clericus Thess and Cancellarius was and is still written upon the Controllers Roll Thes anciently upon the great Roll to distinguish between them And for that reason some have been of opinion that the Chancellor sits above the Lord Treasurer in the Exchequer Court because of his superintendency and controlement over his Roll. The office of the Remembrancer of the first fruits and tenthes in the Kings gift The Surveior generall of his Majesties lands c. in the Kings gift The Clerke of the Pleas in the Chancellors gift The forraine Apposer and Clerke of the Estreats in the Lord Treasurers gift The two Auditors of the imprests in the Kings gift The seven Auditors of the Revenew who have in charge before them the Revenew annexed to the Exchequer upon the dissolution of the Augmentation Court anno 1. Mariae Reg. and before whom the receivers generall make their accompts according to their severall assignments by their letters patents under the great Seale from the King The other businesses which belongs to their places as they are Auditors or Clerkes in the Exchequer for taking the accompts of Sheriffes Escheators Customers Controllers Collectors of Subsidies the Cofferers Accompt and the like they have them by assignment from the Marshall of the Exchequer from time to time in open Court and so entred in his booke to the intent no accomptant should take an Auditor of his owne choice Their places are in the Kings gift The Auditor and Receivor generall of the Dutchy of Cornewall are in the Kings gift in the vacancy of a Duke of Cornewall The Receivers generall of the Kings Revenews c. being about two and twenty in number in the Kings gift The surveior of the Greenewax in the Kings gift this Office was erected in the time of King James upon the advice of the Lord Treasurer Chancellor Vnder-Treasurer and Barons of the Exchequer and the Kings learned Councell as appeares by a Table set up in the Exchequer setting forth what the said Officer is to doe in his place The two Deputy Chamberlaines being Joyners of the Tallies in the two Chamberlaines gift The Marshall of the Court now in the Kings gift The two Parcell-markers being so called because they were ordained in the time of R. 2. to make the parcels of all Escheators accompts and were wont to receive out of the Treasurers Remembrancers Office by a note under their hands all the Transcripts of Offices sent thither yearly out of the Chancery which were found by any Escheators and out of those they were to collect into a particular Roll the parcels wherewith every Escheator was to be charged by the Auditor upon his accompt but the Escheators were in the time of Queen Elizabeth discharged from making accompts for any new Escheats the same being put in charge in the Court of Wards so as there is little or no use of their Offices at this day but for the old Escheats remaining in the Escheators accompts whereof little or nothing is answered to the Crowne by them howbeit they anciently made their accompts at large in the Exchequer which are extant at this day in the Pipe and are still called upon the Scroll of accomptants and ought to strike a Tally for their proffers every yeare which of late time hath been neglected The Clerk of the Nichils is in the Chancellors gift The Sealer of the Court is the Chancellors gift The Chiefe Vsher of the Exchequer is hee that by inheritance hath
should have satisfied and paid in case the said Accompts had beene delivered in due time And for that it is found by experience that the Vnder-Sheriffe that takes upon him the execution of the whole Office both in attending at the Assizes Sessions and upon other Courts of Iustice returning of Iuries and other service of the Country betweene party and party cannot in any such due time as he ought looke into and attend the levying of the Kings Rents and other the Debts and Duties sent forth in proces to Sheriffes by severall Writs of Distringas Fieri facias Capias and Extent out of the two Remembrancers Offices and by the Summons of the Pipe and Greenwax some such like Act may bee passed in Parliament for the better expediting of the Kings service that it may be lawfull to and for such person or persons of ability and sufficiency as shall be hereafter appointed by the Sheriffe of every County for whom he will answer to be his Deputy or Clerke for the leavying of the Kings Rents and other his Debts and Duties as shall be so sent out by the said Summons and for executing all such Writs out of both the Offices of the said Remembrancers as aforesaid and for no other businesse may continue in the said Office yeare after yeare so long as hee shall be approved of and allowed by the said Sheriffes as aforesaid without incurring any of the penalties and forfeitures provided by the Lawes against such Vnder-Sheriff or Sheriffes Clerk as shall remaine in his Office above one yeare Stat. anno 23. H. 6. And that notwithstanding any former Act Statute or Ordinance to the contrary heretofore made Neverthelesse that such Vnder-Sheriff Deputy-Sheriffe or Sheriffs Clerk shall not thereby be exempted from taking any such oaths nor from any other penalties which by the Lawes and Statutes of this Realme are to be taken or undergone by them Stat anno 27. Eliz. 12. And in regard all the Sheriffes of this Kingdome doe finde themselves much grieved and damnified by reason of the foresaid Statute made in the seven and twentieth year of the reigne of K. Ed. 1. by force whereof they are to answer for al such issues by them returned against any person or persons their mainpernors or pledges which shall be Nichelled or prove to be illeviable especially in the case of Writs of Distring sent out of the Excheq for the homages other services of the Kings Tenants that some consideration may be taken of the said ancient Statute in case of the said Sheriffs so farre forth as may stand with Justice and the preservation of his Majesties said Rights and Services And that in further ease of Sheriffs there may be a review of the decree lately procured by the parcell makers for Sheriffs and Lords of Liberties to accompt before them for Felons Goods and other Escheats c. the same being found very grievous and burthensome to the said Sheriftes and other his Majesties Subjects without any profit to the King And in regard diverse ancient Farmes and Rents now in charge in the Pipe and before his Majesties Auditors for the revenue and in the Court of the Dutchy of Lancaster which by reason of sundry alienations of the lands and hereditaments out of which the same are issuing and for divers other causes are now at this day very hard and difficult to be levied by reason whereof many of them are like to bee utterly lost unlesse they may by some good and lawfull wayes and meanes be revived and more of them like to be lost hereafter That for remedy herein a perfect survey may bee made of all his Majesties Honors Manors Lands Tenements Rents and Heredaitments in every Shire Hundred and what particular Rents and services either by way of Fee Farme or otherwise in perpetuity or for terme of life or years are answered for the same And that inquisition be made for and concerning all the dispersed Rents which are within the collection of the Bayliffes or Collectors thereof and of all other Rents within the collection of Sheriffes or Receivors generall and of what lands or other hereditaments the same are particularly issuing and where the said lands and hereditaments doe lye and in whose possession they now are and when and how to be paid And that all good and lawfull wayes and meanes may be used as well by the view of ancient Records Inquisitions where any such are to be found as otherwise for reviving of all decayed Rents belonging to the Crowne And after the making of such surveies that some fit course may be devised for the better securing of all the said petty and dispersed Rents in the charge of the said Bailiffes and Collectors of the same from further decay and for easing the King from the great charge and hazard he now undergoes in the collecting thereof Jtem that the state of the Kings Castles and Houses may be surveyed all decaied Castles and Houses not useful for further service if it shall be so thought fit converted to the best profit and the Fees for the keeping thereof discharged And whether the like survey may not be made of all the Forrests Parkes Chaces and Warrens not as yet dissaforested or disparked except such as his Majesty shall reserve for his royall disport and the waste number of them to be converted to the best profit by the yeare and to be letten as other lands are and with like condition saving to every man a recompence for such interest as he hath And that the Farmes of the Vlnages and Gaugers be surveied that it may be knowne what Rent is fit to be set upon them when the terme expireth Many other parcells there are of the ancient Revenues being flowers of the Crowne as the Goods and Chattels of Felones Fugitives and Outlawed persons the petty Fines and Amerciaments anciently set and affeered in the higher Courts upon the Plantiffes and Defendants pro falso clamore quia non est prosecut c. and the like whereof little or no profit hath of late beene made to the Crowne according to the fundamentall Lawes of the Kingdome by reason whereof divers persons finding they may doe it with such impunity have beene incouraged to violate the Lawes and to set on foot and maintaine sundry unjust and vexatious suits c. For remedy whereof this may also be taken into consideration and some life given to those Lawes in a moderate way so farre forth as may stand with his Majesties ancient Rights the Justice of the Kingdome and the discouragement of such offendors for time to come And whereas there remains at this day a great bulke of Arrerages and Debts as well in the Exchequer as in the Court of Wards and Liveries and in the Court of the Dutchy of Lancaster a great part whereof is conceived to be good as having beene suffered to sleep through the connivence or negligence of some of the Kings Officers other part