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
He is then ordered to pay into the Receipt according to the Statute upon the determination of his accounts or is respited by the said cheife Officers as they see cause for the same The Receivers BE onely of the late Augumentation Revenue united of late unto the Exchequer who receive by Statute of all tenements the Rents reserved upon any the said late lands and likewise the Rents of the Farmers and all such moneys as the Collectors Recyes Bayliffs Ministers of the said Revenue do gather up within their Schedule receits as either payable halfe yearly or found due upon account They pay all Pentions within every of their receits and are bound to pay all their money found due upon the determination of their accounts according to the Statutes in that hehalfe made or they forefeit their office and they and their Sureties are extended besides The Surveyours BE onely of the said Augmentation Revenues and now are commonly put into Commission for the king that go into these Shires where their Offices do lie and besides are ordinarily appointed if they have any skill to survey such Mannors lands and Tenements as the Court hath occasion and doth think meete from time to time for any cause to be surveyed The Attorneys and Clerks of the Kings Remembrancers Office ALL those that are conmmonly retained by the parties in all suits and matters of the Office to appeare and Answer the Court for them and to follow all things in Court belonging thereto but yet in such order that according to their Oath they do nothing uncomely or secretly in perjudice of the kings Majesties right and title but that which is orderly usuall and justifiable in open Court and besides every of them doth from time to time that which belongeth to his place and senioritie in the Office aforesaid The Attorneys and Clerks of the Pipe HAve assigned unto them and every of them speciall certaine Shires of the Realme by the order of their Office according to every of their Seniorities to the which every of them are toward and likewise to all the Accomptants of their owne Shires and to every matter in the same whereby one of them medleth not with anothers Shires but every one of them are retained for the Clyents discharge and to bring every of them his Quietus est but yet as he doth nothing uncomely or untruly to hinder the Kings right and then besides every of them doth in the Office what to his place Anciently appertaineth The Attorneys and Clarkes of the Clarks of the Pleas Office BE they that be retained betweene partie and partie in all suits commenced or depending there who are in all orderly wise to follow their Clyents Causes and to make their Pleas Answers Replications and Rejoynders upon the same for learned Councell to Consider and to do nothing therein but what is lawfull comely and usuall in the Court and every of them doth besides that as belongeth to their place in the same Office The joyners of the tallies BE the second Deputies of the Chamberlaines for that purpose and are sworne at their Admittance to serve truly who from time to time receive out of the receit the Foiles of all Tallies stricken there for any manner of person and file them straight upon a string which so filed are kept under both their keys in their Chests and when anie man bringeth any stock of those to be joyned that must be first done ere they can be allowed in the Pipe The said two Joyners seek straight out the file of the same where it is filed and taking it off do see if the stock and the file do agree in hand letter and joyning and be without suspition and then do they prick them both usually with such markes with their marking Iron as usually sheweth the stock to be joyned then with the same tallie and the day of the joyning thereof is entred in a Book with the letter and summe thereof and afterwards that tallie ie filed anew in the Terme that it is joyned and so kept And then one of the said two Joyners delivereth over the stock that is joyned into the Office of the Pipe and that partie never handleth it after and so it cometh to allowance The two parcell makers BE the Officers that gather out and make the parcells of all the Escheators accounts and be appointed to receive under their hands out of the Treasurors Remembrancers office sett downe in the Roll of Streats there all Transcripts of Offices sent yearly thither out of the Chancerie that be found by anie Escheator through the Realme Then they are to make the parcells of any Escheators accounts in any shire they do call for the precedent account of the Escheator that was the yeare before of that Shire out of which they gather first the parcells Veterum Escaetorum that were in the said last yeares account and continued still undischarged and set them downe in long Rolls of parchment of fullness of letter yearly value tenure and state as they be in the precedent account and came from the Office out of which they were drawne first then they gather the parcells of the new Escheators owne Offices he found in his time and set them downe in the same Roll in like fullnesse of letter yearly vaue tenure and State as they appeare in the same offices which roll is incituled thus Particular account A. B. Escaetor Com. Canc. Middlesex c. from such a day c. And then in the margent of the Roll where the parcells do begin there is Veterum Escaetorum and so be these parcells still Conveied downe and being ended then is sett in the margent of the Roll againe Nova Escaet against the first parcell beginning with going downe and ended there is sett in the margent of the same roll Ter. tenem catal attinct utlegat felon fugitivors whereof the parcells be conveied if there be any but commonly is set against that title eleven pound and they be Veter Escaet nova Escaet totalled up by themselves by the parcell-makers which be the whole Charge of the Escheator And they delivered those parcells so summed up to the Auditor to whome such Escheator is assigned and by the Marshall and he Verbatim accordingly doth ingrosse up his account which passeth further on in the Court as before is declared The Clerk of the Nichills IS the Officer that repaireth to the Clerk of the Estreate every year and seeth what Nihills be marked in Rottulo in the whole Liberate of the greene wax sent out that year which Nihills be issues that the Sheriff that is apposed doth say be nothing worth and illeviable for the insufficiencie of the parties that should pay them whereupon the Clerk of the Nihills doth write them out in a roll of parchment and setteth them in the Court where they lie and under the titles of those Streats from whence they come and where they are marked as afore in Rottulo which
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
breach and not keeping of these Recognizances inrolleth processe and maketh out the same against all such persons as were bound therein according to the course of his Office He as the Returnes of the sayd processe by course of the Court do offer occasion of some change of Writs in manner and forme by the Returns of Sheriffs as Non sunt inventi Nihil habent mortui sunt languidi sunt in Prisona and such like without number doth by and by on the back side of the Writ so returned and indorsed what is to be done or leaveth it to the Clarke of his Office to do it whose charge it is to write the process of the shire where it runneth that of course can tell what to do and all the sayd processes be still current every Terme untill they that are bound or their Executors Administrators Heires or Ter-Tenants come in and pay the mony or take order therefore or plead in discharge of them He hereupon informeth the Lord Treasurer and in his absence or by his order the Chancellor or Vice-Treasurer of the Court every Terme when he is commanded of all manner of debts and arrerages of any the sayd Accountants or upon any other person depending in his Office by reason of any the sayd Recognizances or of Bonds taken or delivered in his Office by any other occasion and due with them ro his Majesty Hee according to their Order stayeth or setteth forth processes for the sayd debts and arrerages and admitteth any person vexed with processe from time to time to plead in discharge thereof or of any part of the same unto which plea the Kings Attorny is made privy who referreth the same over to the Court if hee thinke not good to confesse it Hee hath all manner of Informations upon penall Statutes Intrusions Councealments and such like put in and sued in his Office only with all matters Recognizances and Bonds depending or proceeding upon the same He by calling on and remembring the Court and the Kings Attorney of the same and other Pleas depending in his Office doth drive them to be ended either by the Attorney generalls confession or Judgement of the Court upon Jury Demurrer Privy seale or composition Pro misis Parcandis being upon popular actions He only on his side maketh the Bill Roll of compositions Promisis Parcandis upon penall Lawes and Statutes and getteth the Lord cheif Barons the Kings Attorney and the other Barons hands to them and maketh up the Records of the same Hee taketh the stallment of all debts by Recognizances after the ancient course and sometimes now by Obligation because the parties bound upon their payments would have out their Bonds again which else be as Statutes of the Staple to the Prince by Act of Parliament which stallments should be forthwith sent downe into the Pipe that they might be so moved out there for time to time against the day that any payment shal grow due and so is the ancient course of the Court. Hee only taketh Bonds and Recognizances in the Court and all to the Kings use of all Sheriffs Customers Controllers Receivers Bayliffs and of all other persons whatsoever that are bound in the Exchequer and doth all things proceeding upon the same He inrolleth all the sayd Bonds and Recognizances in remembrance of the yeare that are taken there or brought in and delivered in Court for the Prince his better safety if the same should miscarry by fire imbezeling or otherwise Hee sometimes by Warrant of the Lord Treasurer and in his absence the Chancelcellor the Vice-treasurer the Kings Attorney and the Court maketh out Commissions in the Countrie to certaine Commissioners by Dedimus Potestatem to take Bonds to the Kings use when the partie is to be bound with Suretyes and cannot conveniently come up or bring his Sureties hither to be bound for him of the Retorne whereof he maketh Record and fileth the Commission and the Certificate and the lands besides He by like writt changeth bonds and Recognizances of the first parties that were bound and taketh others in other places that the Lord Treasurer the Chancellour and the Vice-treasuror alloweth of He maketh all processe Commissions Decrees orders Awards and Entries proceeding or growing of anie matter cause plea or originall depending or to be sued on his side that the whole Course of the matter may appear and remaine on Record in any place ever together He maketh a Record in his office of all the Certificates delivered unto him by the Clerke of the Star chamber under his hand of such fines as be felt upon any person by the Lords there and causeth the same fines to be sent downe from his Record into the Pipe to â—e sumoned out there to be written from thence by the Treasurors Remembrancer when they be put in his Book called Cedula Pipe He maketh up the Record of every Bishops death of his multure of his best horse Ring and cup of gold and silver seised to the Kings use or of fine made thereof by every of their executors or the administrators of their goods and Chattells He taketh the Proffers every Easter and Michaelmas Terme in the Receipt before the Barons of all the Sheriffs Bayliff and Eschearours and marketh the default of every of them that doth not appear there by his Attorney aswell as the Treasurors Remembrancer doth He readeth in open Court the Oathes and the Usher giveth the Book at the Election of Sheriffs yearely every C. Animarum in French and offereth the Book to be kissed by them that chose them He readeth in open Court the Oathes and the Usher giveth them the Book to kisse that all the grand Officers of the Court of Exchequer doe take either before the Lord Chancellour for the time being and the Barons and likewise the Oathes that all the under Officers Ministers and servitors of the said Court doe take before the Lord Treasuror the Chancellour the Vice-treasuror and the Barons of the Court or some of them He onely maketh the great Prerogative Writ of the Court for all Officers Ministers and Servitors of the Exchequer and Receipt and for their men that be sued elswhere in anie Court of Record or place to remove such plaint before the Barons such a day to surcease the suite He hath delivered into his office to keep all manner of Judgements Fines Recoveries deeds Releases writings Charters and Evidences whatsoever that are brought into the Court by the Lord Treasuror the Kings Attorney or any other person either for the Assurance of lands and Tenements to the Crown or for the better Recoverie and enjoying lands and tenement that ought to come or be in the Crowne He maketh by warrant of the Lord treasuror the Chancellor the Vice-treasurer the Kings attroney and by the Award of the Barrons in open Court all manner of processe writts Injunctions and conditions whatsoever that be to be made on his side besides the ordinary processe and writte of every Terme whereof
he likewise maketh stay and Supersedeas by Warrant and Award of the Barons as aforesaid He entreth Judgment according as the Lord cheife Baron and Barons of the Court Commandeth him of all Pleas dependingon his side both for the king and the partie though the Kings learned Councell would willinglie have the Judgment goe otherwise He entreth Judgement of his owne Authoritie by the Ancient Course of the Court of Pleas of Course and whereof there are dayly Presidents which were not able otherwise to be overcome if they should be read and followed openly in the Court He sendeth the red Book by one of his Clerkes with the fourth Baron most Commonly and in his absence with the next Baron into the Kings Bench and Common Pleas in the Terme time to remove any matter sued there against any Officer Minister Servitor or any of their men or any Accomptant there that prayeth his priviledge in time of any of the same Court upon which said red Booke shewed and the parties soe testified by the Baron to be of the Court as aforesaid his Priviledge is ordinarily allowed He receiveth into his Office all the Certificates of the Subsides Fifteens Tenths granted to the Prince by Parliament and certifieth unto the Exchequer whereupon he maketh his two Bookes called The States of Subsidies and the State of Fisteens in which is entred the Collectors names and for what places with the summe totall of every Certificate as they doe come in with their payments agreeable thereunto soe are they trossed and entred cleere that otherwise stand open while the money is payed and discharged He sendeth every Hillary and Trinitie Tâ—râ—e severall parchment Bookes to all the Customers Controllers Survaiors and Searchers of the Parts and Creekes through England to make the first and second halfe yeares Entries in the same of the Kinges Majesties Customes and Subsides and the Cocketts thereof according to certaine late orders in the late Queens time sent unto them thereof And likewise every Michelmas and Easter Terme he receiveth the same by the Oath again of the said Officers in open Court or before some one of the Barons out of the Court that they have made all true Entries in the same and as they ought to have done He receiveth from some one of the three Barons and of the Auditors of the Court Attending on them all Sheriff forraign accounts Collectors accounts of Subsidies and Fifteens and the Cofferers accounts which he taketh the Accomptants name with his addition of account and the summe totall and the debts of the same and so putteth every of them ever by himselfe or one of the Clerks of his Office to the Treasurors Remembrancers side to be entred there in like sort both which Remembrancers should likewise receive all the great accounts taken now before the Auditors of the Prests and the Receivours and Ministers accounts of the late Augmentation Revenue taken before the Auditors of the Shires to make like Entries thereof in both their Offices and to be conveyed in the viewes of every yeares Remembrance and that he to whome it did appertaine might make processe upon the same where any cause should so fall out and so noe Super or debt thereupon by that meanes should be behind and to be out of Processe every Terme while they were discharged He sendeth commission of Nisi prius by the kings Attorneys Warrant onely upon tryall of any matters within his office at the Assizes in the countrie Adtenorem Recordi under the Exchequer Seale with it But at the Nisi Prius in London at Guildhall he hath the very Record of his Office brought thither and it is without commission because my Lord cheife Baron sitteth thereon and the Kings Attorney and his Majesties learned Councell either be or appoint to be there for his Highnesse Hee hath other speciall Authorities preheminences and matters appointed to his Office by the Articles of the uniting of the said Court of Augmentations to the Exchequer which are referred thither for breifeness and for more certaintie at large of the same The Lord Treasurors Remembrancer IS the second Remembrancer of the Exchequer and belike of old time was so called for that it was then in the Lord Treasurors gift or that he had some speciall service appointed to him by the Lord Treasuror to remember him of or to be kept in Record He hath his Office cheifly established upon the execution of the originall save for the great accounts the Customers controllers and searchers that is yearly streated to him out of the Chancerie and is otherwise called Extractus Cancellarioe being the yearely streate Verbatim as they passed under the great Seale of England from time to time of all Sheriffs and Escheators Pattents of all Customers Controllers and Searchers Patents of all Receivers Reeves Beadles Bayliffs Collectors and Stewards Pattents of all grants of lands and Tenements for life in see simple see taile generall or speciall of all denizonships Creations of Arch bishops and Bishops erections of any Abbies Priories Colledges Chauntries Hospitalls Schooles and Corporations of all custodies of any Honers Castles Lordships Mannors Chaces Forrests Parkes speciall and generall after the Course of the Chancerie ousteâ—lemanes of all Licenses of Alinations going over sea transportations Introductions Retaines imparkings and Inclosures of all pardons Alienations intrusions trespasses utlegaries felonies murders misprisions treasons and forfeitures of all restitutions of blood goods and Chattells lands and Tenements of all leases for Terme of life or for yeares of all Fines grosse and small of all Writts of restitutions of Temporalities of any Abbey Priorie Archbishopprick wards and seized lands and Tenements of all Diâ—m Cl. Extremum Mandamus Melius inquirendum et qu. plura He out of the said Originall maketh his Booke called the Roll of Prossers which is a record and a part of the remembrance of every yeare of the comming of every Cro Michalis and Cro ' Claus pasch into the receipt of all Sheriffs Bayliffs Farmers Escheators and men of certaine Townes within the realm and of putting in a Warrant of their proffer made of the issues of their Offices at which if any of the Sheriffs made default by himselfe or their Attorneys or pay not into the receipt there by Tallie infra mensâ—m following they forfeit their recognizance and the Bayliff Farmers and Escheators that come not then to appeare either by themselves or their Attorneys are amerced at halfe their proffer And if they pay not their proffer infra mensem following then doe they loose their proffer and pay it unto the receipt without having any Allowance of the same upon their account He when the said proffers are done maketh Proclamation in the receit before they arise That all Sheriffs Bayliffs of liberties and Escheators do pay their proffers as they are accustomed infra mensem and keepe their dayes of prefixion for their Accounts in the Exchequer according as by the Court they are appointed upon paine and
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
Highness for any debt or assured unto his Majesty for any debt to be payd at dayes or else to be forfeited which Indentures Deeds Fines Recoveries and other such Writings he delivereth now into the Kings Remembrancers Office that were wont to be kept in the Treasury to be put in charge before the Auditors of the Counties where the same Lands and Tenements do lye according to the assurance He suffereth sometimes the Informers upon popular Actions to put in their Information in their own name when it is better the party Defendant be so prosecuted or that he is of some fort an acquaintance and so more meet that way to be sued He commandeth all the Remembrancers that there be no proceedings in certain matters depending in their Office when he thinketh it best for the King and Copies and Books to be made thereof both for the judges the Barons and the Kings learned Counsell as the case shall fall out He suffereth sometimes the Demurrers for the King to be argued by other learned Counsell then the King retains by the party that followeth the Kings suit or his Tenant or for his commodity or for some other respect He suffereth so the partyes sometimes that folow the suite for the King to bring other Counsell to the Bar then the Kings to open plead and defend the Kings Title when he is in Court and guideth them for the King He maketh Warrants to all the Remembrancers to make all manner of Commissions Processe writs and Injunctions as the Lord Treasurer the Chancellor the Vice-Treasurer and the Lord Cheife Baron doth He when he understandeth or is complained unto that any stay lingring or Supersedeas is of any processe or execution for the King doth call straight upon the Officers where it lyeth and asketh why such a processe or matter stayeth and being informed of the cause and it is by the Lord Treasurers Master Chancellor Vice-Treasurer or the Courts order he saith stay them for a time and I will move in it but otherwise the matter proceedeth by his order with all expedition He very seldom or never of himself stayeth any process matter or cause of the King but being moved there of by the cheif Officers of the Court he will seem for a time content and leaveth the same to their order yet he is content to give all suitors dayes to appear to shew their Rights and bring in their Answers Rejoynders Writings Evidences and Patents He with the Lord cheife Baron and the Court Pro misis parcandis doth set Fines for Compositions upon any Information depending in the Court by any speciall Statute and thereupon the partie defendant is discharged and the record made up to shew how he hath Compounded And so is drawne and set downe from the Roll of the Kings Remembrancers side and is charged and discharged in the Pipe as is aforesaid He certifieth into the Clerke of the Streate office yearly in the Exchequer all the Kings moities recovered and fines for Impositions made in the Kings Bench upon all penall summes or penall Statutes and pay the same yearly into the Receipt by taile and being set downe into the Pipe by the Clerke of the Streate he hath his Quiet us est for the same The Kings Sollicitor SItteth next to the Kings Attorney in place sometimes Answereth the Barr or the Court on the Kings behalfe both in the absence of the Kings Attorney and when he is present but otherwise he medleth not any way with the Kings Attorneys office He ceusidereth with the Kings Attorney all the Kings Majesties hard and doubtfull cases depending in Court and sheweth his opinion of the same both in Court and out of Court in the Exchequer Chamber He waiteth on the Judges to know when they shall be able to Attend the Kings Causes that he and the Kings Attorney hath for matters depending in the Exchequer to informe them of and both giveth every of them the case and the Copies of all Books and Presideats concerning the same He argueth before the Kings Attorney all the Demurres that be in the Court for the King and sometimes alone without the Attorney with other learned Councell out of the Kings fee that are retianed with him on the Kings side by the partie that followeth the suite for the King The Auditors of the Exchequer BE they That before the late united Courts to the Exchequer did take and make all the accounts of the Ancient Revenue there and now they take also the accounts of the receivers of the late Augmentation Revenue as was allotted to every of them at the first coming thereof into one Court and of the Ministers of the same They never take accounts of any Sheriff Escheator customer Collector of Subsidies or Fifteens or the cofferers accounts but by Assignement in open Court by the Marshall and so entred in his Book to the intent no accomptant shall seeke an Auditor of his Choice They waite on some of the three younger Barons with every such account when it is ingrossed who examineth the particulars and the totalls of the same and seeth if then the same account be straight and true and then it is set upon the head of such Account examined to know by whom it passed thus or as it falleth out indeed AB Auditor CD Clericus AND so it is deliveered by the Baron or Anditor first into the Kings Remembrancers Office and so from time to time to the Lord Treasurors Remembrancers Office and so from him to the Clerke of the Pipes Office to be entred as aforesaid in the Roll as it should be after his nature as aforesaid They cast out all Sheriffs in open Court viz. two or three of them lay the summes and charge of their accounts as they be read to them in open Court by the Clerke of the Pipe and then they allow out of the same their Annuall Deductions and such petitions as they make and be read them in summes in open Court and so try them either Aeque or surplusage and if both or all the Auditors casting doe agree then be the Sheriffs delivered out of the Court by Proclamation of some one of the Ushers They ride every Michaelmas Terme to their Audite kept at the Kings Court in every shire as they are allotted especially unto them where they take the Ministers accounts of the late Augumentation Revenue at places certaine appointed before by their precept and sent out to the Bayliffs Reeves Collectors c. and there by order from my Lord Treasuror Master Chancellour and the Vice-treasuror they have Authoritie to give certaine Allowances of reparations not exceeding the summe of where the kings is no bound thereunto and to do the ordinary things of their Audit They make a breife declaration of every of their Receivers accounts every Lent before my Lord Treasuror master Chancellour and Vice-treasuror and shew their last yeares Arrerages and what every of them have payed in liverie money as in debt upon the same
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
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
and so he ruleth them under his hand accordingly and there entred either in the Venos or the postscript of the yeares wherein they should lye that be part of the Remembrance for that year Hee by the Lord Treasurers Warrant the Chancellors Warrant the Vice-Treasurers Warrant the Lord chiefe Barons Warrant the Kings Attorneyes Warrant out of the Court and in the Court by the Order of the Barons doth make all manner of processe Writs Commissions and Injunctions for matters on his side and maketh stayes and Supersede as of them as he is by them willed and commanded He writeth once a year the issues of his Office returned by the Sheriff every Term and last upon all manner of distresses in the same which being bound up and examined by the Clerks of his Office are delivered over by the Roll of Estreates to the Clerke of streats to write out who setteth his hand to the sayd Roll for receiving of the same Hee layeth every Lent yearly a Remembrance of the 5 year before dothregister make up cleere all the Records of the same or discontinueth them that cannot be made perfect and inrolleth processe anew of those matters and so receiveth the same by new writing them out againe In which time also of Lent he entreth also every Writ in that Roll of Writs of that yeares Remembrance that is Law and all the Homage Writs of the same and likewise all the fylances of his Office of every Terme since that Remembrance then he doth lay to see if they all be still currant in course and every Term as they ought to be and such as are found wanting by falling off or otherwise are then new enrolled in the Roll of Writs of that year and so are received and set current anew that the least Writ of his Office whereby the King is to have any right or profit is not suffered to be lost nor yet left to be uncurrent He hath other speciall Anthorityes Assignments and matters appointed to his 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 Sheriffs Accounts HE if the Sheriffs do account by improvement and have no tally of Reward after the Secondary hath cast up every Sheriffs first summ doth examine it and seeth that the same be made only of Sheriffs vicommells upon which hee giveth him allowance first of his profers payed by tally and then of all such allowances as are given him by Act of Parliament Then after his said Secondary hath made up the Sheriffs second summ upon his De debitis plurimum which be his Tots and upon his De pluribus debit is charge which be his greene Wax and his whole as before or so many of them as he is charged with hee causeth the Sheriffs forraigne accounts to be cast up and chargeth first to the same second summ the old seizures thereof which be Lands and Tenements seized before by his predecessors upon the processe of the Court and then chargeth the Sheriffs own seizures to the same which be of lands Tenements seized in his own time by Process of the Court so addeth to these such Fellons goods as he hath seized himselfe After which things done he giveth him allowance of all his payments deductions annuall Charges and soe bringeth the Quietus est And if the Sheriff do not account by Improvement but hath a Tally of reward then the said Secundary doth make up but one summe to such Sheriff of his whole Charge aforesaid Escheators Account HE conveyeth yearly into the great Roll breifly the Escheators accounts of every Sheire into the pipe of the same Shire where he is Escheator he entreth the same and maketh his allowance both of his proffers and of all his petitions he maketh in the Treasurors Remembrancers office in discharge of his debt and soe is the Escheator brought downe also to Quietus est Roll of Accounts HE doth every Lent make up a great Roll of all the said accounts as the Kings and Treasurors Remembrancers doe lay every lent a Remembrance in either of their Offices and such debts and Remains as be not or cannot be made quit and cleare in the said great Roll made up every Lent are Conveyed into the Pipe of the great Roll that should be made up for the year following Customers Accounts HE hath for all the Customers accounts yearly a Book called the Customers Roll into which every Customers Charge and Allowance is Conveyed yearely and the debts and the remaines in them are from thence conveyed over from time to time in the great Roll and are summoned out or Written for the processe from Schedula Pipa where they are entred also to be the ground of the Treasurors Remembrancer to make the processe by Rolls of Subsidies and Fifteenes HE hath even so speciall Rolls for all such Subsidies and Fifteenes granted to the Prince by act of Parliament called the Subsidie Roll of the Clergie and the Subsidie Roll of the Laity and the Roll of Fifteens of such a king or of two or three Kings together as it falleth out or may be continued Into which he entreth the severall accounts of the severall Collectors and of such debts as remaine unpayed upon anie of them are conveied likewise into the great Roll most meete for the same to be Charged in and so are summoned out also or written for by processe from Schedula Pipe by the Treasurors Remembrancer as aforesaid Rolls of the Wardrobe and Coffers HE hath likewise a speciall Roll for the Wardrobe and Coffers accounts together called Magna Guardrobe Roll and the cofferers Roll into which their accounts are ingrossed and the debts in the same are Conveied over as afore into the great Roll save that the Cofferers yearly Remaine standeth still into his next years accounts do passe to be examined and Charged and so is still on from yeare to yeare Rotulus examinatus HE is an Officer that maketh a yearly account in his Office of all the Ancient Revenues in the Exchequer that was there before the uniting of the late Court of augmentations and the first fruit and Tenthes to the same He putteth in Charge yearly into his Book called the great Roll all Sheriffs accounts Escheators accounts Bayliffs accounts and men of certaine Townes accounts that are called to account by the Treasurors Remembrancer He maketh therein the Charge of the said accounts for the Counties Cities and Townes of the Realme as they be and lie in the order of letters by the Alphabet end so the first Pipe thereof beginneth with the Charge of the Sheriffs of Bedford and Buckingham and Townes as it falleth out by order of the letter He maketh the first Charge of every Sheriffe to be his vicommells which be under the second titles Post tras dat et Profic comitat as they call them The first whereof seemeth to be lands and Tenements in
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
as he had done before and so declareth all the said Counter bookes halfe yearly before my Lord Treasuror when it is his pleasure He keepeth the black book of the Receit and the Lord Treasurors key of the Treasury both where the ancient leagues of the Realme and all the Perambulations of the Forrests and the Records of Justice Itinerant and divers other Records do lie Both in the old Court of wards and in the old Parliament house in the Cloister at Westminister where no search can be made without that key come with both the Chamberlaines keyes thereof He doth now of late se every Tellers money locked and sealed up in the new Treasurie made for that purpose when it is my Lord Treasurers pleasure or order so to have it to be and keepeth or delivereth the key as he Commandeth The two under Chamberlains BE both the Chamberlaines deputies for the Receit and when the Tallies are written upon as before is declared unto them one of them doth Cleeve the same even in the middest between the double letter of the Tallie mentioned before and then the Cleever taking the stick and the other foile and the Clerk of the Pell and his controller the Book where the said Tellers bills were recorded the Cleever saith Examinatur and readeth the stock aloud and so his fellow The Clerk of the Pell and his two Comptrollers seeing the stock to agree with them all the same is by and by delivered to the partie and the foyle straight cast into the Chamberlaines Chest where they keep all their foiles together with their knives and the Book of Doomesday while the Joyners fetch them away from time to time as they be occupied In which Chest also be kept the keyes of the Treasurie under three locks whereof the auditor of the Receit hath one key and the two Chamberlaines another key and the Usher of the Receit that is in the Kings guift another key who doth now attend by his deputie and is to do all things there besides that that other Ushers use to do and keepeth the Receit as the Usher by Inheritance doth the Exchequer They make all searches in the Treasurie for any Record at the suite of the parties and Exemplifications of the same whereof the Fees are divided betweene them and the keeper of my Lord Treasurors key as of long time hath beene accustomed The Fower ordinary Messengers of the Receit BE the Pursevants only Attendant upon my Lord Treasuror to carry his Lordships letters and percepts to all the Customers Controllers and Searchers through England and to ride and goe where it is his Lordships pleasure to Command The Articles of the late Court of Augmentations and Revenues of the Crowne annexed to the Court of Exchequer at Westminster The Lord Treasuror 1 FIrst all Honers lands tenements possessions amd all other hereditaments which are within the survey rule and order of the Augmentations of the Crowne and the Arrerage of the same shall be received leavied and gathered form hence forth by the Sheriffs of every Shire and Countie within the Realme of England where the said Honers Castles Mannors lands Tenements other heredizaments do lye or by any other person or persons that shall be appointed by the Lord Treasurer and the Court thereafter which Receit the said Sheriff of every countie or other accountant so appointed shall content and pay the Revenue thereof at the Receit of the Exchequer in manner and forme as hereafter shall be declared 2 Item the Revenues in wales shall be yearly received by the Chamberlaine there or by any other person or persons that shall be appointed by the said Lord Treasuror and the Court as is aforesaid the same to pay at the receit aforesaid and to be bound by Recognizances for the payments thereof according to the direction of the Court. 3 Item the said Sheriffs or other accomptants to have a tallie of reward yearly according to the Rule of their severall charges if it shal be thought fit by the Lord Treasuror Chancellor Chamberlaines and Barons or by three of them whereof the Lord Treasuror to be one 4 Item that every Sheriff of England or other accomptant shall be charged with the Revenues aforesaid in his account from Michalmas to Michelmas according to the Ancient lawes and Customes of the said Exchequer 5 Item all such summes of money as shal be due at the Feasts of the birth of our Lord The annunciation of our Lady or at the Feast of Easter for the said Revenues with the Arrearage depending upon all former accounts shall be charged in to the said Sheriff or other Accomptants in their views and shall make the said view before the Feast of the Ascention of our Lord yearly and to pay all such summes of money as shal be found due upon the same before the Feast of Penticost then next ensueing and where they be payable at Penticost those rents to be payed before the Nativitie of Saint John the Baptist then next following 6. Item if any former accomptant or debtor hath paid any summes of money at the receit aforesaid before the making of the view aforesaid that then the said Sheriff or other accomptant shall be discharged by the payment thereof being of Record without any further suite or Charge in the said view of account 7. Item that all such summes as shal be due for the said Revenue at the Feast of Michaelmas and Saint Martin with the Arrerages due upon all former accounts shal be paid at the receit of the Exchequer by the Sheriffs or other receivers or accomptants that is to say as much as shal be due at Michaelnsas before the Feast of the Nativitie of our Lord God And asmuch as shal be due at Saint Martin to be paid into the receit before the twentieth day of February then next insueing or otherwise make declaration unto the said Court of Exchequer of the payment thereof by vertue of sufficient Warrant 8. Item that every Sheriff and other Accomptant shall appeare to his account in his owne proper person or by his sufficient Deputie Authorised in writing under his hand and seale in Hillary Terme and there to take an Oath according to an Ancient usage of the said Exchequer and the same Warrant in writing to be delivered into the Treasurors Remembrancers office and there shall be filed and entred of record without taking any Fee or reward for the same 9. Item the said Sheriff or other accomptant or Accomptants or his or their lawfull Deputie or Attorney after his or their Appearances to make their accounts for the said Revenues before the twentie fourth of February then next after and the Auditor taking the said accounts shall deliver the same accounts ingrossed in parchment Authorised and allowed by the hands subseribed of the Lord Treasuror Chancellor Vice-treasuror and Barons of the said Exchequer or by three of them at the least whereof the Lord Treasuror or Vice-treasuror to be one And with the hand
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.
Item all Certificats returned upon any Commission issueing out of the said Court of Exchequer concerning anie first fruits Tenths or Subsidies aforesaid the valuation of any Benâ—fice or promotion spirituall omitted in the first Taxation or otherwise for any matter accustomed to be determined in the said Court of the Exchequer in the charge of the said Office and there to be ordered 19. Item all such Certificats as the Archbishops and other Collectors of the Tenths and Subsides of the Clergie made against the Incumbents resusing to pay their Tenths and Subsides being exhibited before the Court of Exchequer and by them allowed shall remaine in the Charge of the said office of the Remembrancer of the first fruits and Tenths in the place to be appointed for the same to the end that processe may be made against such Incumbents as be in them contained 20. Item that the same Officer shall yearly make a Leger of all Compositions of first fruits taken and to be taken wherein shall be contained the name and shire of the Benefice so compounded for the samm and name of the Incumbent Of English Bills and the proceedinges thereupon in the Exchequer AN English bil is a petition in English exhibited by the plaintiff to the Lord Treasurer Chanceller and Barons of the exchequer in case where the plaintiff supposeth he hath right to recover the possession of lands or goods deteined from him or debts due to him or to have remedy for some other wrong done to him by the defendant that he hath noe evidence nor specialty to shew forth nor can make any such proofe as is required by the strict course of the Common Law to recover or have remedy for the same but supposeth that it lyeth in the defendants owne knowledge and that he will confesse the same in his answere And in case where the plaintiffs sued at Common Law for the possession of any lands or for any goods chattells Debts or other things against which he can make noe sufficient defence by strict course of the Common Law but in equity and good conscience ought to be releived and get either wholly discharged or the extremity mitigated and moderated and supposeth that the defendant will confesse in his answere the truth of the matter by him alledged Every plaintiff that shall exhibite any such bill ought to be priviledged either in person as an Officer or Clerk of the Court or servant to some of them or an accomptant or Debtor to the king or otherwise or else in the cause as if that concerne the king in the inheritance possession or intrest of any lands tithes offices goods chattels or Debts wherein the plaintiff likewise pretendeth to have Interest in right of the King or if the plaintiff besued by English bill or action or extent or other proces in the same Court for the same matter The Kings Attorney also may exhibite English Bills in the Exchequer for any matter concerning the King in inheritance or profits and in like manner any person that findeth himselfe greived in any cause prosecuted against him for and on the behalfe of the King or any patent by grant of the King may exhibite his English bill against the Kings Attorney and such others as are interested in the cause to be releived in equity In which case the plaintiff must Attend the Kings Attorney with a Coppy of his bill and procureth him to answere the same and the Kings Attorney may call any that are interested in the Cause or any officer or others to instruct him herein touching the makeing his answer so as the King be not prejudiced thereby and his answere is to be put in without oath The parties in every such bill between party and party must serve the defendant with proces of Snbpena or if the defendant be a Baron of Parliament spirituall or Temporall with aletter under the hands of the Lord Treasurer Chancellor Barons or some of them whereby he must berequired to appeare at a day certain contained in the writ or letter proces of Subpena may be sued forth either before or after the Bill exhibited And if the Defendant do not appere at the day of returne of the writ then upon Affidav made of the servinge thereof an Atachment is made of course against him for his contempts and after an al. pl. atachment an attachment with exclamation and after that either a writ of attachment of rebellion directed to the sheriff or a Commission of rebellion directed to such Commissioners as the plaintiff wil name for which Commission there must be warrant of the court but when aletter is made to be sent to any Baron or Bishopps for apparance before the Bill be in and if he will not appear upon that then proces of Sub-pena must be served and upon default then proces of Contempt as aforesaid And the like course of proces is to be persued against the defendant at the suite of the Kings Attorney When the defendant doth appear if the Bill be not put in he may move to be dismissed with costs whereupon the Court doth usually give three or four dayes to the plaintiff to put in his English bill or the Defendant to be dismissed with costs upon a bill of costs to be Tendred by him to one of the Barons to be taxed And if the defendant do appear upon proces of contempt he must pay costs such as the Court shall think fit according to the number of the proces that hath been prosecuted against him but the ordinary Costs in ten shillings upon each Attachment After the defendant hath appeared he hath eight dayes of course to make his answer to the bill and if he do that not with in that time a Rule is given of course in the Book of appearance for an Attachment within fower dayes the defendants Attorney being called thereunto If the defendant do Demur upon the Bill for that neither the plaintiff nor the cause is priviledged for want of sufficient matter of the bill or put in a plea in Bar of the proceeding upon the Bill The plaintiff if he will maintaine his Bil must move the Court for a day to heare the Counsell of both sides and the Bill and Demurrer if need be if the Counsell do not agree in opening the matter If the defendant do plead any matter to bar the proceedings upon the bill other Then matter of Record of the same Court he must be sworne to his plea as he likewise must be sworne to his answere if he answere in the cheif of what quality soever the defendant be Except it be the Kings Attorney who answereth a bill against the King or a Corporatition who are sued by the name of theire Corporation Also if the defendant doe make an insufficient answere the plaintiff must put in his exceptions in writing and move the Court to give the defendant a day to amend or maintaine his answere in which case if the defendant be in Towne he is to take