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

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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.
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 On●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
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 T●r●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 ouste●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 Di●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 mens●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
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
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
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