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
of so much thereby Moreover the said Lord Treasurers Remembrancer doth upon Certificate from the Iustices of Assize ratified and allowed under the hand of the Vnder-treasurer of the Exchequer for the time being rule petitions for allowance to Sheriffes upon their accompts for carriage or removing of prisoners reparations of Gaols and other extraordinary services done by Sheriffes in the time of their Sheriffwicke All which petitions are by the said Treasurers Remembrancer to bee entred upon Record in his Office and to be sent to the Clerk of the Pipe for the time being to bee entred and allowed upon each Sheriffes accompt respectively in the said Annuall or great Roll of the Pipe in deduction of so much of each Sheriffes charge so as one Record may bee discharged by another according to the ancient course of the Exchequer And here by the way is to bee noted that the said Clerke of the Pipe is not nor ought not to discharge or set off from any Sheriffe any Farme debt or other summe of money whatsoever charged upon him in his accompt in the said great Roll but such onely as shall appeare to bee paid into his Majestis Receipt of the Exchequer by Tallies to bee joyned and allowed in the said Roll Statut. anno 1 R. 2 cap. 5. or such as shall appeare to be discharged or set off by such matter of Record as is laid downe in the Sheriffes severall petitions as aforesaid nor to give any allowances to Sheriffes upon their said accompts but such as shall either bee warranted by Tallies de Regard to bee sevied in his Majesties said Receipt of Exchequer or by some judgement of Court entred or to bee entred in one of the Remembrancers Offices And if hee doe otherwise the Controller of the Pipe either before or at the Sheriffs casting out of Court is to informe the Court thereof so as the said undue discharges and misallowances may bee certified and made void And if the said Controller either through ignorance or connivence shall not discharge the trust reposed in him therein hee shall bee punished for his consent in like manner as hee that admitted of such false allowances c. and as he that tooke allowance thereof namely to pay so much to the King Stat. do Scaccorio Anno 51. H 3. as the allowance amounted unto To bee imprisoned a yeare and forty dayes and to bee punished at the Kings pleasure But hereunto may be objected that if the Clerk of the Pipe be to give no allowance to Sheriffs upō their accounts but of such moneyes onely for which Tallies are stricken in his Maties Receipt and of such summes as are to bee allowed set off or discharged by judgement of Court or such matter of Record as is aforesaid How comes it then to passe that allowance hath been given to Shiriffes upon their accompts in the said great Roll from time to time by acquittances of Noble men for their Creation moneyes payable by Sheriffes out of the profits of their Counties and the like and by acquittances of such Receivers to whom the King hath granted the receipt of the yearly profits arising of any certain or casuall Revenue within the Sheriffes charge To which is answered That the allowances given by the acquittances of Noble men and others for such summes of mony as are payable to them by Sheriffes out of the profits of their Counties being to their owne use are alwayes warranted by judgement of Court before any such allowance is to be given And as to the allowance of Acquittances for moneyes of the natures aforesaid paid or to bee paid by Sheriffes to Receivers as aforesaid to the Kings use such Acquittances are not in truth to bee allowed by the course of the Exchequer but by Tallies of assignment to be first stricken in the Receipt for the same in such sort as is used at this day for his Majesties Wardrobe and Houshold and for the post-fines Issues of Iurors and the like there being no such controlment for Acquittances Much easier to counterfeit Acquittances then Tallies as is for Tallies and it being much more easie to counterfeit Acquittances then Tallies albeit even Tallies have been counterfeited to the losse and prejudice of the Crowne which could not bee discovered before they were rejoyned with their foyles according to the ancient course of the Exchequer Besides the Subject which really payes his mony to a Receiver to the Kings use takes his Acquittance for it runnes a greater hazard to pay the same money againe in case such acquittance be lost and that the Receiver doe not satisfie the same upon his Accompt which hazard is avoided by striking a Tally for the same in his Majesties Receipt which is alwayes extant upon Record for the parties discharge in case the Tally it selfe bee lost And as it is to be noted that the Clerk of the Pipe is not to discharge or set off any part of the Sheriffes charge but by Tallies to be leavied in his Majesties Receipt of Exchequer judgement of Court or such matter of Record as is before mentioned so it may bee likewise observed that the Treasurers Remembrancer is not to rule any petition upon the Sheriffes Accompts for debt recognizance or other duty belonging to his Majesty wherewith the Sheriffes have charged themselves upon their accompts but by matter of Record or order in open Court and not upon any other warrant whatsoever which is not grounded upon such matter of Record or order in open Court Inter ordin term Hilar. an 32. Eliz. Reg. ez parte Rem Thesaur as aforesaid For if way should be given to the Sheriff to set off or discharge himselfe upon his accompt of the farmes debts or summes of money by him taken into his charge at his apposall upon ordinary suggestions that hee could not leavie the sume or by reason of the poverty of the debtor or in favour of the subject to ease him from the rigor and penalty which the Law hath inflicted upon him for some offence which is onely in the Kings power to mitigate or remit or upon any other ground then by matter of Record or order in open Court as aforesaid then it would follow that the greatest part of the Sheriffes totts and summes of money by him taken in charge at his apposals would be set off and discharged and so his apposals would bee of no force or vertue which by the ancient course of the Court bindes him to answer the same to the King unlesse some just cause be shewed to the contrary as afore is said seeing he might at his choyce have totted or nichelled the same at his said apposals and then also would follow that the King should be divested of the grace which properly belongs to himselfe for mitigating and remitting of such forfeitures and penalties to his subjects as the case shall require which the late Queen Elizabeth of famous memory for the most part kept in her owne
Pipe and sent in processe for leavying thereof in Terrorem of all other Sheriffes but suffered to sleep sometimes for many yeares or to bee taken off or compounded for some small matter to the King An eight cause is In that Commissions have not been awarded out of the Exchequer according to the foresaid Statutes of Westm 1. Anno 3. E. 1. Cap. 19. 6. H. 4. Cap. 3. for inquiry to be made into the Accompts and Receipts of Sheriffes and other Accomptants to the end the King may bee recompenced and the subject relieved in all such cases where it shall bee found that the said Sheriffes have defrauded the King or abused the Subject A ninth cause is In that the Auditors of the Revenue have not as hath beene formerly observed according to the ancient course of the Exchequer and the said Ordinance of Anno 1. Maeriae Articulo 9. delivered ingrossed in parchment the Accompts of the generall Receivors and Bayliffes of the said Revenues into the Pipe every yeare yearly by the 21. of March so as Proces might in due time be made from the said Accompts to the Sheriffes for all debts supers therein depending against the next liberate or sealing day of the Exche but have for some private respects heretofore and stil kept the said accompts in their owne hands some whereof are said not to be ingrossed for many years together by which means many great Arrerages of Rents Supers have heretofore sleyt in the same accompts for 10 20 30 years c. before they were written forth in Proces which hath not onely occasioned great losse to the Crowne but many grievances to the Kings Subjects by seising the lands which they purchased for valuable cōsideratiō of the said debtors for which if proces had been made in due time they might have bin paid by the debtor himself a great part of the said arrerages recovered which by reason of long forbearance becomes desperate as in the foregoing discourse hath been observ'd In like manner it may be here remembred that by the like omission of Stewards of the Kings Manors to send up the double of their Court Rolls to the Exchequer to be kept in the Treasury there as well for the King and Subjects evidence as that it may appeare what each Bayliffe is to bee charged withall every yeare for fines upon Copy-holders and other profits of Courts according to the said Ordinance of Anno primo Mariae many great losses to the crown inconveniences to the subject have been occasioned there being but few such Court Rolls or any entries thereof to be found which are now extant either in the times of the late Queen Elizabeth or the late King Iames. And that there hath beene the like neglect of sending up Rentalls of the Kings Manors which once every seven yeare are to be renewed by the Steward upon presentment of the Homage and to be returned up and sent into the said Treasury A tenth cause is In that the Estreats of the Fines Issues Amerciaments and other Forfeitures set lost and forfeited before the Iustices of the Kings Bench and Common Pleas Justices of Assize and Gaole Delivery and Justices of Peace c. commonly called Green-wax have not been certified into the Exchequer in such sort as by the Lawes and Statutes of this Realme they ought to be but have been obstructed diverted or suppressed contrary to the said Lawes to the encouragement of offendors and the great prejudice of the Crowne whereof divers instances in that kinde were lately made before the Lords Commissioners for the Treasury whereby it appeared that sundry recognizances and fines forfeited and imposed at the Assizes and Sessions in the Countrey in cases of great and Criminall offences and misdemeanors had been some yeares since removed by Cerciorari into the Crowne office and both these and many others of the like nature kept backe and stopped there and in other places which were never certified into the Exchequer as they ought to bee which every way turnes to his Majesties great prejudice and losse whether they be pardoned or suppressed For that if the King pardon or give them away the Farmers of the Green-wax will looke for a Defalcation out of their Rent of so much as they amount unto by reason of a covenant from his Majesty that hee will neither pardon nor give any of them away during their terme unlesse it be by a generall Pardon in Parliament In which case it had been much better for the King they had beene altogether suppressed and lost then to be pardoned or given away but by a generall pardon in Parliament In consideration whereof of the inconveniences formerly mētioned by letting the Green wax to farme and that the Fines in the Kings Bench are like to be increased by putting downe of the Star-chamber-Court some composition may be made with the Farmers as the case shall require and present order taken as well for resuming the said Farmes of the Green-waxe into his Majesties hands as for the reforming of such abuses as tend to the suppressing or diverting any of the said Greenwax as aforesaid But then in case of such resumption I cannot in my duty but make some Remembrance of the complaints of the great abuses and disorders which were committed in the managing of the said Revenue when it was in the Kings hands by the practice of some inferiour Clerks and Bailiffes c. As namely That where divers issues were estreated against Sheriffes out of severall Courts Quia non habuit corpus and against Noblemen and others for not appearing at the suits of divers persons either for payment of money owing by Bond or upon actions of accompt detin or the like In which cases the Plaintiffes could have no proceedings at Law for recovering of their rights or what was due unto them without an appearance and the estreating of the said Issues to be levied for the Kings use being the Coertion appointed by the Law to procure such Appearances the said Issues were neverthelesse by the undue practices aforesaid upon some ordinary suggestions procured to bee discharged or respited till a generall Pardon or compounded for some small matter which in no sort ought to have been done by the Lawes of the Kingdome before certificate had been made that appearance was given to the Plaintiffs action or the debt satisfied c. to the utter subversion of justice And the like abuses were committed in procuring discharges for Recognizances of such parties as had beene bound over with Sureties to the Assizes or Sessions for keeping a bastard childe or for performing some other publicke service in the Countrey or upon suspition of Felony c. and the like without procuring any certificate from the Justices or Countrey that the Parish was discharged the service performed or what the cause was for which every such Rccognizance became forfeited insomuch as the poorer sort that could use no meanes for their discharge were for