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A90208 The practice of the Exchequer court, with its severall offices and officers being a short narration of the power and duty of each single person in his severall place. Written at the request of the Lord Buckhurst, sometime Lord Treasurer of England. By Sr. T.F. Whereunto are added the rules and orders of proceedings by English bill. Osborne, Peter, 1521-1592.; Fanshawe, Thomas Fanshawe, Viscount, 1596-1665, attributed name. 1658 (1658) Wing O527; Thomason E1928_1; ESTC R8740 61,106 176

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perill that shall fall thereof Hee thereupon by his booke called the scroule of accounts made out of the Rolls of profers and out of any other part of the yearly remembrance called Dies datus vicecom et Escaet ad Computand post profra every Michelmas Terme doth call all Sheriffs Bayliffs and Escheators of the year last past to account some Cr. Sc. Michis some tres septiman Sc. Micahis some Mense Micahis some Cr. Simon et Jude some Cr. annimarum some Cr. Martini some Octabis Hillarii some Cr. Hillarii some Quinden Hillarii some Cr. Purific and some Quinden Pas as every of these severall dayes of prefixion of ancient have been set by the Court and as they thought they should be able to overcome and finish their Accounts He out of the Originall of the Chancery the Roll of proffers Dies dat Viceom Escaet the scroule of Accountants and other Records both preceding and following thereupon doth make a yearely Booke called the Roll of Writs that is a part also of the yearly Remembrance made in his Office in which he enrolleth all Briareturnabil de Term. Hillar Pascae sectae Trinitatis sectae Michaelis every year some from the Originall some from all the parts of the yearely Remembrance that is made with him some from the transcript of Offices yearely streated into his Office out of the Chancery some from Offices found before the Escheator Virtute officij and certified to him from the debts of the Pipe put in his booke called Nomine Escaet ceduta Pipae and some from the streat of Common Pleas called the Fynes He out of the Originall from all Receivers Bayliffs Reeves Collectors and Beadles Patents of any the Kings Lands or Tenements doth inroll and write Venire facias ad computand or distringas ad reddend compotum from all grants of Honors Castles Lordships Mannors Lands and Tenements granted by the Prince to any for life in fee simple fee taile generall or speciall he doth inroll and write Distringas ad faciend fidelitatem ad faciend homag fidelitatem or a Writ of Reversion when the taile is spent and otherwise as the case requireth from all Denizenships he maketh a Distring as ad faciend homag from all custodies of Lands and Tenements or Farmes hee doth inroll and write Distringas ad faciend fidelitatem or homag fidelitatem or ad respondend de velevijs from all pardons of Outlawries Attainders Felonies Murders Treasons Misprisions of Treasons He doth inroll and write Distringas ad respondend de omnieo quod ad Regem pertinet c. velcertiorari quae bona catalla A. B. habuit c. From all licences of alienations hee doth inroll and write Distringas ad faciend fidelitatem or ad audiend terminand He doth inroll and write Writs of Restitution of any Temporalties He doth inroll and write Distringas ad reddend comp de exitibus temporal c. and Cercioraries sometimes Quis recepit exitus et profit temporal c. He from the sayd Roll of proffers doth inroll and write against such as pay not their profers Infra mensem c. capias pro contemptu with a Fierifacias pro proffera Hee from the sayd scroule of Accounts grounded upon Dies datus aforesayd every Michaelmas Terme against Sheriffs that make default at their days of prefixion doth make a Record of five pounds for every day of payment after hee makes default while four dayes next be past which is set down in the Pipe to be charged upon them or is levied upon a Fierifacias except the Princes Letter come aforesayd for the discharge of such Amerciament and then he doth inroll and write out an attachment for his Body Goods Chattells Lands Tenements while he cometh into account and putteth in Bayle to end and finish the same and against all Bayliffs of Liberties that make like default hee enrolleth and writeth out like Attachment as hee did before against the Sheriffs Hee from Commissions that is a part of the yearly Remembrance layd in his Office and made by Warrant or commandement of the Court or upon some other dependency of Record Ad inquirend Ad faciend Ad Exequend Ad perinplend Ad recipiend or Ad certificand doth enroll processe and Writs out of the same against the Commissioners thereof Ad liberand Inquisitiones ad certificand ad comput and or alia faciend as the matter offereth He upon the Communia that is the severall Records of all the pleas put in every Terme within his Office and another part of the sayd yearly Remembrance doth inroll processe and doth write the same against the partyes whom they concerne Adfaciend sidelitatem homag sidelitatem magn Serjantians et parvam Serjantians et ad respondend c. as the severall Statutes and judgements of the same doth require He even so doth inroll processe and writ out of the same from all other parts and titles of their Remembrance and from all other Records rising in his Office are brought into the same of such kind and mature as the matter in them by the course in the Court doth require He upon all these processes that do thus issue out of his Office doth admit every man to plead in discharge of any of them that hath cause and matter and by the course of the Court is bound thereunto but no first Patent of Lands or Tenements or he that sueth a license of alienation or a pardon of Alienation or Livery speciall or generall or an Ousterlemaine or after the course of the Chancery that is streated as afore in the yearely originall is compelled or suffered to plead upon any such first processe inrolled upon the same and written out by every of them are admitted to do their fealty or to pay their fine for a respit of homage at any Terme they come in after the same sent forth and so keeping still the payment of the same Fine every fifth Terme they have processe made out against the same Land their fine is made for but their fifth terme homage written to put them in Remembrance of the payment of their fine while either they be returned dead or Nihil habet in the same Land He upon all such Returns of Mortuus or Nihil habet from the Originall or of like service of Writs from pleas or any other Record in his Office doth strait write out the next Term after such Return a Dic. tenents of the same Land the Tenant is returned Mortuns est or Nihil habet c. for the answering of the which the party that is returned the now tenant of the said land must shew he hath therefore a licence of Alienation or a pardon of Alienation or a livery generall or speciall or an Ousterlemaine or after the course of the Chancery by which he entred and he must plead either the same or some generall pardon that will serve for his discharge or otherwise with the Nec non ad ostendend goeth current still every Terme while hee come in and plead as aforesayd He admitteth any such person that hath any such Land whereof the Tenant is
returned Mortuns est or Nihil habet before the Dic. Tenement goeth forth thereof with a Nec non ad ostendend upon the sayd return to come into his Office and inroll there his licence or pardon of Alienation of the same Land and to shew his conveyance thereof and likewise to enroll his Livery speciall generall the Ousterlemain or after the course of the Chancery and upon the same enrollment and shew he doth admit such person to do his fealty and to pay his Fine upon a Writ made from the sayd enrollment and shew of his evidences to agree therewith without any manner of pleading because all such Writs be like the first writts inrolled from the originall and written out as aforesaid against the first tennant onely of the land by good matter of Record He upon all pleas put into his Office where the Kings Attorney may make an Averrment contrary to the plea of the partie and where the partie pleadeth anie forraigne matter then is of record in that Court and allowed of or would discharge any Claim title or Interest of the King by the same plea save in the said ordinarie Writts for fealtie and Homage sealtie and such like doth by himselfe or some Clerk of his make the Kings Attorney ever privy to all such pleas their replications and rejoynders who doth respect them and consider them and at length either doth confesse them or referreth them or giveth his Warrant out under his hand to have them tryed in the Countrie at the Assizes of Nisi prius He according to the Ancient order of the Court upon all other ordinarie Pleas examined by him with one of the Clerks of his office concerning Writts of service and such like doth enter Judgment alone without making the kings Attorney or the Court privie thereto which ever in this wise were dispatched as agreeable to the President of the Court. He either upon the first writ from the originall or upon the writts written from the said Pleas or upon distresses from the Streat of the fines of the Commission pleas or from writts upon such like records in his office doth set over persons fines for respit of Homage payable every fifth Terme according to a rate given him by the Court at his first comeing into his office whereof a record was then made and is as followeth the Fines for respit of Homage every fift Terme of lands and Tenements s Three pounds per Annum downwards 0 4 Five pounds per Annum downwards 0 8 Sixe pounds thirteene shillings four pence per annum downwards 1 0 Ten pounds per annum downwards 1 8 Eighteene pounds per annum downwards 2 0 Twenty pounds per annum downwards 3 4 Thirty pounds per annum downwards 5 0 Forty pounds per annum downwards 6 8 Sixty pounds per annum downwards 10 0 And noe such fines are set higher but upon Noblemen which according to the greatness or meanesse of their lands are set some at thirteen shillings fourpence some at twentie shillings some twentiesix shillings eight pence some at thirtie shillings and some at forte shillings to be payed every fifth Terme and none above nor so high but for Dukes He hath set downe in his Book called nomina Vic. by the Clerk of the Pipe every yeare the debts of all Sheriffs Bayliffs of liberties and men of certain Towns that are found and cast upon their accounts entred in the Pipe and in another of his Bookes called Nomina Ecaetor he hath every yeare the like debts of Escheators set downe by the same Clerk of the Pipe for all the which he maketh Attachment and other ordinarie processe of the Court for the levying of the same as the case doth require He hath in a third Book in his Office called Schedula Pipe All debts set downe by the Clark of the Pipe of such persons as upon the opposalls of the Sherift of their summons be said by them to be dead to the end he should make a Diem clausit Extremum after the death of such debtors to the Sherift which is the award of the Court and of purpose to enquire what day and yeare they died and what goods and Chattells and of what value they had at the day of their death and to whose hands the same came and now be and to seize the same in whose hands soever they be and to leavy the same debt and have them before the Barons such a day And if their goods and Chattells be not sufficient to pay the said debt then to enquire what lands and Tenements and to what yearely value they had at the day of their deaths or when they became debtors or ever since and to whose hands and possession the same came after their decease and in whose hands they now be and the same to seize in whose hands soever they be and keepe safe and to Answere the issues and profits thereof untill the said debt be fully satisfied and payed or that he otherwise is Commanded and to distraine all the Executors of the Testament of the said debtors as Administrators of the goods and Chattells that were his and also the heires and Ter Tenants of the same debtors if they have not Executors to Answere the same debt and all to the intent the same might this way be payed that could not by the summons of the Pipe be so levied And likewise he hath put in his said Booke of Schedula Pipe by the Clerk of the Pipe other great and speciall debts that the Court will have spedeier and sharper process made for them by the said summons to the intent the Debtors should be either quickly Attached and brought into the Court or the money payed and Answered to the Sheriffs or into the Reccit as should best fall out for the ease and dispatch of the debtors He taketh into his Office all Streats of Fines issues and Amerciaments sent into the Court from the Kings Bench the common pleas the Justices of Assize and all Justices of the Peace through England which are by him delivered over by the Rolls of streats into his Office to the Clark of the Streats to write out who sets his hand thereto for the Receipt of the same He taketh on his side also as the Kings Remembrancer doth afore all Sheriffs for raigne accounts Bayliffs accounts Escheators accounts Customers accounts Collectors accounts of Subsidies and fifteens and the Cofferers accounts as before is declared in the point amongst the matters of the Kings Remembrancers side He ruleth the ordinary petitions that any of the sayd Accountants do make or pray upon their sayd accounts to be allowed them without the privity of the Court being matter of Record and President in Court for the discharge of the same and other their new and first petitions are allowed from time to time by the Judgement of the Court
Treasurer only and be never entred in the Court of Exchequer nor examined nor written upon there as they had wont to be That upon many years so moving out and writing processe forth sound meerly desperate and illeviable upon the parties that owe them either alive or being dead upon their heirs Executors Administrators their Goods Chattells Lands Tenements or Ter Tenants which desperate debts of theirs that be alive be by and by conveyed back again into the great Roll and summoned out of the Chancery afterwards to be sufficient to answer either the whole or some part of the debt They have other speciall Authorityes Assigments and matters appointed to this Office by the Articles of the uniting of the late Court of Augmentations to the Exchequer which are referred thither for breifnesse and for more certainty at large of the same Remembrancer of the first Fruits and Tenths HAth his Office wholy established by Articles of the unyting of the late Court of the fist Fruits and Tenths unto the Exchequer and by a late decree of our Court concerning the altering thereof from the first erection which for breifne●… 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
of the said Auditor likewise subscribed into the office of the Pipe within the said Court of Exchequer before the twentieth day of March then next following as further processe thereupon may be made if cause shall so require 10. Item that the Lord Treasuror Chancellor Chamberlaines Under-treasuror and Barons or three of them whereof the Lord Treasuror to be one and in his absence the Under treasuror shall have full power and Authoritie by their discretions from time to time to give Allowances aswell to the Farmors and Accomptant for the yearly reparations and other Allowances as also to every person and persons that shal be hereafter appointed by them or by the more part of them for the doeing and executing of any processe or other thing concerning the premisses 11. Item all Records of the said Court of the Augmentations that doth concerne exemtion of any processe for Indentures Recognizances obligations and all records of Books of orders and decrees concerning the premisses shall remaine in the Charge of the Kings Remembrancer of the said Exchequer in such place or places as by the Lord Treasuror and the Court shal be from time to time appointed 12. Item that all Commissions for woodsales and Commissions for survey of any part or parcell of the premisses shall be made hereafter by the Treasurors Remembrancer of the Exchequer 13. Item all records and Books of the said Court of the Augmentations of the Inrollment of Leases and the Counterpaines of the said Leases and Warrants for making of the same and all accompts that shall remaine in the said Court concerning anie thing or matter within their old order and survey of the same shall be and remaine in the Charge of the Clerke of the Pipe of the said Exchequer in such place as the said Lord Treasuror and Court shall a ward so that processe may be made upon them Unde superius as long as the case shal require 14. Item that all sealed Evidences Rentalls Court rolls and other writings and miniments whatsoever touching the said Revenues be placed in the Treasurie howse that shal be appointed for that purpose by the Lord Treasurer and others the head Officers of that Court. 15. Item Accounts to be taken every yeare and the Ingrossments in forme as aforesaid to remaine in the Charge of the Clerk of the Pipe in such place as shall be appointed by the Lord Treasuror and other the head Officers of that Court amongst the Evidences and the records of the Revenue of the land severed from the Ancient records of the Exchequer 16. Item that all Stewards of Leets and Courts shall yearly double their Court Rolls in parchment and certifie one part thereof subscribed with the hand of the Receivors before the Audit into the Court of Exchequer wherein should be contained the Fines made among the Customary Tennements the Heriotts the Amerciaments the woodsales and other Casualties with a declaration of needfull reparations presented by the Homage making thereof a Streat to the Sheriffs of the Shire or to such other Accomptant as shal be appointed to the receit thereof as he may thereupon make his receit and payment upon the end of his account and that noe reparations be made at any time but by Warrant from the Court under three of the Officers hands whereof the Lord Treasuror or Under-treasuror to be one And the other part of the double of the said Court Rolls to remain in the Lordship where the said Courts be kept 17. Item no woodsales shall be made without a Commission from my Lord Treasuror and two such others of the Court as he shall call to have at that time and in his absence the Under treasuror calling to him two of the said Court 18. Item that noe Steward Bayliff or Woodward be admitted but onely by the Lord Treasuror Chancellor and Chamberlaines Vice-treasuror and Barons of the said Exchequer or three of them at the least whereof the Lord Treasuror or Under-treasuror to be one of the same Officers to passe under the Seale of the Exchequer by the Lord Treasurors Assignement under his hand and the same Bill or Bills to be made in the Office of the Pipe there to be entred of Record filed and kept for the yearly Allowance of the Fees wages and rewards of any person or persons as hereafter shall be appointed to any of the said Offices 19. Item the Accounts of Hamper the Butierage the Staple of Callis and the Revenues of the Courts there the Prises the Mints the great Guardrobe the Customes of the Ports of Chester Barwick and Callice to be yearly taken and ingrossed by the Audi tors of the said Exchequer according to the Ancient lawes of the said Court and as heretofore they have beene accustomed before the Erection of the Court of survey and Augmentation of the Revenue 20. Item where in times past there hath beene continually 6. Auditors serving in the said Court of Exchequer whereof at this day and of long time hath beene remaineing but 5 having ten pounds for every year for his fee it is now ordered that there shall be seven to have yearly twenty pounds for his and their fees and that every of the said Auditors be personally resident upon his Office 21. Item That every Teller of the Receit be likewise attendant upon his Office to execute the same in his own person and not by Deputy upon the losse of his Office and fee. 22. Item For that the order establishment and uniting of this Court be perfectly established with exercise proof and experience of the same the Kings Highness is pleased that the Lord Treasurer and the said Court of Exchequer should have full power and authority from time to time to amend reform and correct any clause or Article aforesaid and to add to or diminish any thing that shall be found necessary for the amendment of the same and to make such further orders from time to time as to the Court shal be thought expedient 23. Item That all Rents and services reserved be answered in the said Court of Excheequer and paid in the said Receipt and likewise all debts arrerages of accounts and other dutyes and summs of mony which have been answered in the said Exchequer be payd in the sayd receipt 24. Item To call into the Court of Exchequer all persons accountable in such manner and form as they ought to have been called in the said Court of augmentation 25. Item That all Records of late being in the sayd Court dissolved and belonging to the same Court shall be recorded of the same court of Exchequer and of the same force and strength as they were in the said late Court dissolved 26. Item A Leagure to be made of all specialties brought into the said Court. 27. Item That all Letters Patents Grants Leafes and other Assurances made by the sayd late Courts dissolved shal be of the same force and strength as they were in the sayd late Courts dissolved The Articles of
the uniting of the late Court of uniting of first Fruits and Tenths to the Court of Exchequer at Westminster 1 FIrst Her Highness doth ordain that all the Records of the said Court of the first Fruits and Tenths shall be hereafter placed in the said Exchequer and shall be of the same force and strength as they were in the said Courts of the said first fruits and Tenths Item her highness is pleased and ordaineth that there shall be in the said Exchequer a certain Office called the Office of the Remembrancer of the first Fruits and Tenths which Office for divers and sundry great considerations for and at the first erection only shal be exercised by two persons by her highness to be nominated which shall joyntly exercise the same office during their lives and after the death of the Survivor of them the said office to be exercised by one of them Item That all Records belonging to the same court of the first Fruits and Tenths shall be in the charge and keeping of the said Officer Item That the said Officer shall make and deliver the true values of all spirituall promotions dignities and benefits within the Realm of England and Wales and other the Queens Dominions to such persons as shall sue for them taking for the same like fees as were wont to be paid before the dissolution of the first fruits and Tenths Item The same Officer shall take composiions of the first Fruits of every Arch Bishop prick Arch-Desconry Deanry Prebendary Parsonage Vicaridge and of every other dignity office benefice promotion spirituall aforesaid 6. Item The same officer to make all writings obligatory Indentures and all other writings concerning the same first fruits and tenths and shall see the same sealed and delivered by the parties to the Queens highness use and also shall make Acquittances and other discharges to such as shal pay their mony in hand without making bonds for the same taking fees accustomed of the parties for the same Lord Treasurer 7. Item The said Lord Treasuror to call such persons as shall please him to his assistance at the declaration of the foresaid accounts or any officer or auditor of the same Court that to them shal be thought meet for the passing of the same accounts 8. Item The accountant or accountants that shall not come to determin his or their accounts in form aforesaid his or their goods and lands shall be seised to the Queens use nomine districtionis and shall loose the benefit thereof and that shall have the allowance of the same in discharge of his debt according to the ancient custom of the Exchequer 9. Item all Sci. fac attachments and writs of distresses for debts or accounts concerning the premisses shal be made by the Treasurers Remembrancer from time to time as to the discretion of the Court in that be half shall be thought meet and convenient according to the ancient custom and course of the Court. 10. Item All Letters Patents of any Mannors land tenements or other hereditaments or concerning any annuities pardons or other such like shal be inrolled in such office of the said Exchequer as by the discretion of the Lord Treasurer and the said Court shal be appointed the parties to pay fines according to the ordinance and statute in that behalf provided 11. Item All recognizances of payments of any farm or any debt of or for any part of the premisses to be inrolled in the Remembrancers office and to be taken in the open Court when the Term is open if the Term be not open then by the chief Baron and in his ablence by any of the Barons and by force of a Dedim Potestat if necessity shall require taking for every such recognizince taken out of the court 6 s. 8 d. only whatsoever number of persons be bound in the same and for the entry of the same recognizance the said Remembrancer shall have and take for his fee of and for every Recognizance of 41. and upwards 3 s. 4 d and no other or more Fees to be taken for a Recognizance whatsoever number of persons be bound in the same 12 Item that the said Sheriffs or other accomptants shall yearly pay all such summes of money as shal be due to anie person or persons for any Annuities Fees pensions issueing or going out of any of the premisses according to their grants allowed and inrolled unlesse they shall have speciall Commandement by the Court to the contrarie 13. Item that the Farmors and Lesses shall be bound to the Queen and by Recognizance to performe their Covenants in their Leases in such forme as by the Court shall be ordered 14. Item all Warrants for leases to passe by the Lord Treasuror and if the yearly rent of the land to be letten shall be above the summe of forty shillings by the yeare then the same lease to passe under the great Seale of England and if the rent be above the value of 71. 13 s 4 d. then every such lessee to pay the Fees of the Signet and privy Seale as hereto fore in like Cases hath beene accustomed And if the land to be letten doe passe not the yearly rent of 40 s. then the Lease to passe the seale of the same Court of Exchequer paying 6 s. 8 d. to the Queens use 3 s. 4 d. to the Chancellor of the said Court and 4 d. to one appointed to Attend the seale for his Attendance and wax And the said Leases under the value of 40 s. to be alwayes made by the Clark of the Pipe and filed together for every yeare by themselves and there to be inrolled within the said Office as the said Clark of the Pipe may report the Indentures for the more surety of the parties taking for the inrollment as shall be ordered by the Court. 15. Item the said Lord Treasuror shall not have any Authoritie to make any lease in Reversion of any part or parcell of the premisses or of any woods or anie Mannors in grosse for the terme of certaine yeares without the Queens highnesse speciall Warrant to him to be directed in that behalfe and then Warrant to be made by the Lord Treasuror of England in forme aforesaid 16. Item the Lord Treasuror taking to him the Advice of the Chancellor under-treasuror and cheife Baron or two of them shall have Authoritie to assesse Fines for any Leases of any part or parcell of the premisses to be made by the said Lord Treasuror in forme aforesaid 17. Item the same Officer to write and make all manner of processe Commissions Entries Books Judgments and decrees of the Court with all other writings and miniments whatsoever aswell for the arrerages of such first fruits as for all Tenths and Subsidies of the Clergie due to her highnesse heires and Successors by such speciall persons their Sureties Farmers and occupiers taking therefore such Fees of the parties as were used before the dissolution of the same Court of first fruits and Tenthes 18.