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
the Conquerors hands after he had given away asmuch as pleased him at his Entrie The second seemes to be those lands tenements Rents services and profitts which came to the Crowne afterwards by Attainders Forfeitures and seizures most of which where they be are not known to the Sheriffs of the Realme but yet many of them are gathered up in rents by their Bayliffs as knowne to them by tradition and succession and so are either payed or made up by them to so much as he is charged with yearly in the Pipe Farme Rents and services HE after this doth Charge him with the Fee farme Rents and services of the shire but are reserved there and drawne downe into the great Roll out of the yearly originall of the Chancerie streated as afore into the Treasurors Remembrancers office which Clerk of the Pipes Secondarie is bound from time to time and from Roll to Roll to peruse and finding in the same any yearly Revenue Reservation profit Remainder or Revertions reserved to the Crowne he draweth them downe into the great Roll and maketh Charge thereof in the Shire where they be so as ever after where they be payable they be yearly summoned out before by the Controller of the Pipe to the Sheriff of that Countie And all the said Remaines and Reversions are conveyed into the Roll of the Reversions that is another Book in the Pipe and made from time to time that when any of them do revert a gain into the Crowne are to be put into Schedula Pi. that is mentioned before the Treasurors Remembrancer make out the Writ of Reversion to enquire thereof and to seize the same Oblata or old Debts HE maketh oblata the next title of the Charge of the Sheriff with the old debts brought as it were together from precedent yeares and be written from other Rolls to the Sheriffs of that yeare and after that title he setteth to his Charge Nova oblata which be as it were new debts brought together and drawne downe from Customers accounts or Escheators accounts or recovered and set downe from some one of the Remembrancers sides or other Records or grounds of the Court and have their names belike of Oblata upon the same that are so brought together He after the forraine Opposer hath made up the scroule and summe of the greene wax of every Sheriff in the severall titles the same doth arise and it is delivered into the Pipe doth make up the next Charge of the Sheriff Viridi Cera which riseth out of the streats of the Fines issues and Amerciaments that came from the Kings Bench the Common pleas the Justice of the Peace the King or Treasurors Remembrancers side He straight after this doth Charge every Sheriff with his Casualties which are all manner of Debts of Casualties and Releifes Fines Amerciaments upon the Sheriffs debts recovered and such like as are drawne downe either from anie Record of anie of the Remembrancers of the Eschequer or from anie other ground matter or seizure of the Court and be so brought together And the Sheriff Answereth as he hath Cause to every summe viz. such a summe within liberties and sheweth whose they be Then the forraine Opposer setteth against that summe the name of the Owner of the liberties and if he have the same in Claime by Ancient President either knowne or certified to the sorraine Opposor out of the Pipe he giveth the Bayliffs of the liberties allowance thereof and maketh Clamen in the margent in the originall Record against the summe otherwise he maketh speciall tot against the same summe thus or or in which pricks and by which pricks of use he knoweth whose liberties the same pricks do meane Then the Sheriff going on and saying to another sum tot the forraine Opposor marketh it in the margent in the originall thus without pricks and so that is a Charge to the Sheriff onely And after the Sheriff saying to another Summa nihil the forraine opposor doth marke also against the Summa in the Margent in Rottulo 21 or 13 as the Streate is of the yeare of the King Whereof the opposall is and he goeth through that originall record his whole libertie of the rest of the Sheriffs greene wax streated unto him and marketh every summe in such wise as before He afterwards maketh the Sheriffs scronle in parchment of all the totalls with pricks casteth up the severall totall sums if they be in severali natures where any Δ ' with pricks is wthin any such totall sums as for example A. B. Vicecom pred oneratur minit exitus twenty pounds to pull off the ' Δ with pricks from the Sheriff he saith immediately after that totall Summa C. quibus C. D. ball libertat C. F. venit per G. H. Attorn suum et V. inde 51. et sic debit fifteen pounds and so every Bayliff from the said scroule is charged in the great Roll with the ' Δ with pricks where it concerns and the other without pricks is charged in the same Roll to the Sheriff himselfe only He saith that he leaveth the Nihils that be marked in the Margent of the Originall Record in Rotulo 12. or 13. as aforesayd for the Clarke of the Nihils to write out by his sayd markes in R when they be delivered againe into the Clerke of the Streats Office He alloweth to the Sheriffs the Justices of Peace wages of his Shire out of the Fines and Forfeitures before the Justices of the peace thereof if the Streat will bear them layed out before the Sheriffs for the Justices wages according to the Statute of the which allowance and of the particular names of the Justices the sayd forraigne opposer doth deliver a Roll into the Pipe for the Clarke of the Pipes Warrant to allow the same wages to the Sheriff Clarke of the Streats IS the Officer that receiveth yearely out of the Treasurers Remembrancers Office all the Streats of the Kings Bench the Common pleas the Justices of Assize the Justices of the Peace the Kings Remembrancers side his hand from time to time made in the sayd Roll of the Streats there restifying the receiving of the same He writeh out yearly all the sayd Streats to every Sheriff of England as they in every shire at the two Liberates of the Exchequer that be every Hillary Terme and Trinity Term for to levy and to answer all the summs of the same Hee maketh Schedules in parchment under his hand agreeable with his Streats sent out as before with the summs of the same truly totalled when any Sheriff will make petition to be discharged of any sum in the same by good matter offered The Auditors of the Prests BE they that take the old great accounts of the Exchequer as Ireland Barwick the Mynt the Loan the Wars the Ships the Provisions the Hamper the Ordnance the Clerk of the Works and such like remembred before who now declared the same before the Lord Treasurer the Chancellor and under
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
sums as hee will pay and charge himselfe with confessing so much due or received And to the other summs he will answer O. Ni. as confessing Onâ—retur nist exoneretur and so the said Baron goeth on in this manner questioning and asking of every Sheriff what hee saith to every sum in his summons untill he hath gone through every one of them Hee informeth the Bench and the Kings learned Councill from time to time both in Court and out of Court what the course of Exchequer is and stayeth the rest of the Barons and the Kings learned Councill from ordering any thing they go about contrary to the sayd course for the preservation of the same and to save the Kings Prerogative and benefit which the course of the Court most commonly maintaineth and respecteth Hee taketh the declaration of the ingrossed accounts of the Receivors of the late augmentation of the Revenue of the counties of Yorke Receivers of Oxon and Berks Receivers of Buckingham and Bedford Hee likewise as the two other Barons examineth the Letters and casteth up the sums of such Sheriffs forraigne Accounts Collectors accounts of Subsidies and Fifteens as are brought unto him by any of the auditors of the Court and causeth his name and the auditors name that ingrosseth it to be set with additions of the auditors and Clericus as aforesayd He taketh the Bayles of all Sheriffs Bayliffs of Liberties and Escheators that keep not their dayes of prefixions but come into the Court by attachments which is nothing else but with sureties to be sworne to account and then assesseth the Fines of all such Bayliffes Pro libertate reprehendenda and of all such Escheators for their contempts which be very small and never above five shillings but rather under as twelve pence two shillings and three shillings foure pence And for the Sheriffs Fines in is ever five pounds a day for his four next dayes after his day of prefixion that he faileth to come and to be sworne to his account The two Chamberlaines HAve their place next in Court to the foure Barons and may sit and keepe their places dayly in Court if they like to attend and hearken to the causes of the Court without any intermedling therein But at the election of the Sheriffs yearely In Cr. Animarum they are ordinarily to be there and keepe still their place and may say their opinions for preferment or stay of men to be Sheriffs as the Barons and Justices do but other dealings in the Court of Exchequer at this day I know not that they have They have in old time had great authority in the Receit as I have heard say and have kept certaine keyes of the Treasury Coffers and were ever privy to the Pells of Receit and to the Pells of Exitus of the which each of them kept a controller as at this day they do of the pell of receits and no mony issued out of the Receit without their privity as is manifestly proved because at this day every privy seal for the payment of any mony out of the Receit is directed The saurarijs Camerarijs They have the charge of the Treasury with the Lord Treasurer and keepe the keyes thereof where all the ancient leagues betweene the Kings Progenitors and other Princes and States either do or should lye and where the booke of Dooms-day and the ancient Records and Pleas De Justiciarijs itinerant and De forest is and of diverse other matters do remaine into which Treasury neither they nor their Deputies can come with their keyes untill the auditors of the Receit come with the Lord Treasurers key to the same that remaineth in his keeping to my Lords use The Kings Attorney IS the speciall Officer of the Court that is made privy to all manner of pleas that be not ordinary and of course that rise upon the processe of the Court and to the Replications and Rejoynders growing upon the same on any of the Remembrancers sides He putteth into the Court of his owne name for the King all informations of concealments of Customes Subsides Seisures Receits and of Intrusions Wars Spoiles Incroachments and Anoyances done upon any of his Majesties Lands Tenements Woods Rents Rights and Hereditaments and upon any popular Actions penall Statutes Forfeitures or breach of Covenants The Kings Remembrancer THE Kings Remembrancer of the Exchequer who at certaine dayes prefixed in the Terme calleth to account in open Court by his booke yearly made and commonly called Statutus magnorum computantium c. all the great accountants as the Cofferer the Master of the Wardrobe the Master of the Horses the Keeper of the Scudry the Master of the Revells the Clarke of the Hamper the Butler of England the Treasurer of the Mynt the Lieftenant of the Tower the Constable of the Tower the Lieftnant of the Ordnance the Receiver of the Ships the Victualler of the Ships the Master of the worke and such like and by the same booke should call the Vulgars to account that are now reduced to a fee farme certain by my Lord Treasurers Bill made therefore to them for one and twenty years or more and so they answer yearly their fee farm in the Pipe And by the same booke he calleth as before at dayes prefixed all searchers Ad respondendum Domino Regi medietatem omnium foris fact urarum in Officio suo contingent c. And all collectors of Customes and Subsidies Ad computandum which book of States hath all the sayd Officers christen names and surnames with the addition of their Offices that be full and given and being not given nor full nor account at this day it hath only the Office name in the same He inrolleth and after writeth out the same according to the course of the court against all the sayd accountants that come not in at their dayes prefixed and account for their sayd Office except such as be not now accountants before the sayd Barons He calleth to account in open court by his like booke called the States of the collectors of Subsidies and Fifteens all manner of high collectors thereof granted by Act of parliament in every shire city Burrough Towne corporate and place whatsoever through England as they are appointed and certified by the commissioners every where for the assessing and levying of them and according to their dayes of payment appointed them by the Statute He inrolleth and maketh out processe against such of the sayd Collectors for their Bodies Goods and Tenements that come not in to account and pay their mony according to the grants of the same He taketh Recognizances to the Princes use before the Barons in open Court or out of Court before some one of them of all such persons for most causes with sureties and seldome without sureties as by occasion of any of the premises or from time to time for any debt day of Appearance or other commandement of Court are forced to be bound any manner of way He upon the
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
put the plaintiff in possession If a decree be in any thing disobeyed either by the plaintiff or Defendant or any other by their procurement upon affidavit thereof made an attachment is granted against such as have disobeyed another process of contempt untill he be brought into Court to answer his contempt and when he doth appear if he deny the contempt alledged against him in the affid he must be examined upon Interrogatories to be exhibited by the prosecutor of the contempt before one of the Barons which must be upon the points mentioned in the affidavit and he must be enjoyned by the Court to attend and appear from day to day untill he be examined and not to depart without license of the Court or if the Court think fit he is to be bound by Recognizance to the same purpose After he is examined if he have confessed sufficient matter of contempt the prosecutor must move the court to appoint a day to hear his examinations at which day both sides are to attend and such of the examinations to be read as are materiall whereupon if that appear to the Court that he hath ommitted any contempt worthy to be punished the Court doth commit him to the Fleet and may impose a fine upon him or not as the case requireth where he is to remain during the pleasure of the Court and untill he yeild obedience and submit himselfe to the Court to perform the decree or enter into Recognizance to perform the same if the Court so think fit and he is to pay such costs to the prosecutor as the Court shall taxe If the Defendant upon his examination deny the contempt supposed against him he may move the Court to be discharged with costs whereupon the prosecutor may desire to examine witnesses to prove the contempt either in court or by commission In which case if the prosecutor take a commission the defendant may desire to joyn in commission to see a due examination of witnesses but not to examin any witnesses except the Court doth specially order it so after which examination the Court doth appoint a day of hearing at the motion of the prosecutor or of the Defendant to convict or discharge the defendant as the case shall then appeare And the like course is held for punishing or discharging of contempts supposed against the process of the court if the case so require A Bill may be amended by order of the Court after the Defendant hath answered that upon payment of costs In all cases that are ordinary the Court doth use to have the counsell of both sides thereupon to make such order as the case requireth In every long vacation all the bills answers Replications Rejoynders and other pleadings are to be taken from the common files and all the pleadings in one cause are to be filed together with the Bill by him that is towards the Bill and to be entred in a booke kept for that purpose in the title of that County where the matter of suit ariseth and to be numbred and then filed according to the number on the file for the same County In cases of extraordinary contempts the Court doth sometimes send a Messenger or a Serjeant at Armes to apprehend and bring in the Offender THE TABLE Augmentation ARticles of the Court of augmentations 119 ad 129 When united to the Exchequer 120 Lord Treasurers power thereby 15 The Cheife Barons power thereby 28 Attorney The Kings Attorney his office place and power 39 63 88 ad 94 Accounts Scroul of accounts what and by whom kept 56 73 Forfeitures thereupon 59 Auditors of the Exchequer their office and duty 95 Attorneyes and Clarks in the Kings Remembrancers office 95 In the Pipe 96 In the office of pleas 97 Attachment in the Exchequer and when 139 Answer What time to answer in the Exchequer 140 B. LOrd cheif Baron of the Exchequer his office and power 23 24 26 27 How and where he giveth judgement 25 What he may do out of Court 26 Second Baron his office place and power 29 30 What accounts he may take 31 Third Baron his office place and power 32 What accounts he takes 33 Fourth Baron his office place and power 34 35 What accounts he takes 36 37 C. CHancellor of the Exchequer his office and place 19 20 Commissions awarded in open Court 25 Chamberlains two their office place and power 37 38 Communia what it is 60 Customer their aâ—counts where to be entred 73 Controller of the Pipe his office 85 Chamberlain Under Chamberlains two their Office and power 117 Crown Court of Revenues Sheriffs articles annexed to the Court of Exchequer at Westminster 119 Content of the said articles 119 120 and 129 Costs when and for what payable 139 D. DEcree who may make decrees in the Exchequer 567 Dies datus what 5658 De debitis plurimum what 71 De pluribus debitis what Ibid. E. EScheator Nomina Escaetor what 65 Their account where entred 72 English Bills in Exchequer and the proceedings thereupon 136 ad fin What may be sued for there and by and against whom 137 F. FInes upon informations by whom set and where t is chargeable 28 29 Who may be fined and when 61 Fifteens how to be accounted for and where 74 Fee-farm Rents upon whom chargeable 77 First fruits and Tenths the Remembrancer thereof 84 The Court thereof united to the Exchequer 129 The Articles of uniting 129 ad 136 H. HOmage respit of homage what 64 Fines for it and by whom payable 64 65 I. JUstices of Peace their wages how and by whom payable 81 82 M. MOney warrants for mony by whom made and to whom and for what 10 11 13 16 Marshall of the Exchequer his office and duty 104 105 Messengers of the receit their office 118 N NEC non ad ostendendum what and the progresse therein 62 Admittance thereupon by whom 62 Nomina Vic. What 65 Nihil Clerks of the Nihils his office 81 101 O O Blata what and upon whom chargeable 78 Opposer Forraine Opposer what and his office 80. 87 P PRoffers in the exchequer what to whom made and when forfeited 54. 55. 58. Rolls of proffers by whom kept 54. Pipe Schedula pipe what 66. Clerk of the pipe his office 66 67 Prests Auditor of the prests what and his office 83 84 Pleas Clerk of the pleas his office 86 87 Parcellmakers 2. their office and duty 99 Praysors of the Court who their office 106 Pelle Clerk thereof his office and duty 111 Pellis recepti pellis exitus What 111 Controller thereof his office 112 R. REmembrancer Kings Remembrancer his office duty and power 40 443 244 45 ad 53 Who are accountable before him 41 Treasurers Remembrancer his office place duty and power 53 ad 70 Records when to be made up cleer 69 Rotulus examinatus who 75 76 His office and duty 76 Receivers their office and duty 94 Receit Auditor thereof his office 113 ad 116 S. STreats by whom receivable 68 Clark of the Streats his office ibid. 69 82 Sheriff for what he is chargeable as to himself or predecessor upon account 71 72 79 81 Subsidies how to be accounted for and where 74 Solicitor Kings Sollicitor his office place and power 94 Surveyors their office and duty 95 Seal of the Court what 102 103 T TReasurer Lord Treasurer his office 217 How made 12 How far and to what his power extends in severall things 3 4 6 7 8 9 1 2 Tallyes joyners thereof their office and duty and cutters thereof 98 112 Tellers of the Exchequer four their offices and dutyes 107 108 109 110 U UNder Treasurer his office power 21 22 When first made and who 21 Usher chief Usher his office and duty 103 104 Ordinary Ushers their office and duties 105 W WOod Sales who may make them 10 Roll of Writs what and by whom kept 56 Wardrobe Magna guardrobe roll what 75 FINIS June 19th 1658. HAving perused this discourse of the Scripture's inviolable Authority Certainty and Truth I find it in its proportion as the Scripture it self is profitable for Doctrine for Reproof for Correction for Instruction in Righteousness and therefore Judge it very useful to confront the Blasphemy of bold Antiscripturists to confirm the weak in Faith and to raise the value of which cannot be overvalued the Holy Scripture in the hearts of all true Beleevers Joseph Caril Unto this attestation given by my Reverend Brother I willingly subscribe EDM. CALAMY