he will in convenient time or if there have been any former examinations in the same cause either between the same parties or any other under whom they claim either in the same Court or any other the plaintif or the defendant may move the Court and desire to have them allowed to be used for evidence at the hearing in which case the Court doth give a day to the other side and upon hearing of both sides do allow or disallow them as is then thought fit and accordingly they may prepare themselves for proofs more or lesse When the defendant is served with process to rejoyn and doth not appear the plaintiff upon Affidavit made in the Term time of serving the process if there be no new matter in the replication may have a commission alone if the defendant will not joyn within a certain time and then the plaintiff may have a commission to such as he shall nominate to examine his witnesse If both parties joyn in commission then either side is to name indifferent commissioners and each party to choose two of the four named by the other and the commission is to be directed to those four agreed upon and the plaintiff is to have the carriage of the commission and is to give fourteene dayes warning or such other warning as is agreed upon of the day and place of execution thereof except there be day and place appointed in the commission which sometimes is done by agreement of the parties or by order of the Court. If the one side wil examin witnesses by commission and the other will not yet he that will not examine may joyn in commission to see an indifferent examination if he will and to that end shall have warning of a day and place If the Defendant make default and do not joyn in commission at the first yet if he come afterwards and can shew any reasonable cause why he did not joyn before the Court will allow him to examin his witnesses in reasonable time or if a commission be taken out by one or both sides and not executed but in part executed where there is no wilfull default in the parties but by some other accident the execution is prevented the Court upon motion and proof of the allegations will grant a new commission but if either party will wilfully neglect to examin for delay and to gain time or to hearken and learn what hath been examined and proved on the other side that he may the better prepare his witnesses and interrogatories for a crosse examination in such cases the Court will give no favour to the party that shall so willingly or purposely be negligent In such case where the one side hath examined all his witnesses and the other hath not but hath the favour to have a new Commission that party that examined may joyn in a new commission without charges to see the Examination As the parties may examin their witnesses before Commissioners so they may likewise examin before the Barons in Court such witnesses as they have in town at any time before publication and they may have process of Subpoena to bring their witnesses before the Barons to be examined and the like process or the Commissioners Warrant to bring their witnesses before the Commissioners the names of such witnesses as are examined in Court must be delivered by either side to the parties or their Attornyes in Court before their examination to the end that either side may exmin him if they will The partys that will examin witnesses must prepare their interrogatories ingrossed in parchment to be exhibited before the Commissioners the Baron before whom they will examin before any examination can be had which interrogatories must be drawn according to points in issue by the bill and answer and other pleadings and they must not examin upon any thing that is not in the pleadings if they do that is to be surpressed and there must be no alteration of any interrogatories nor addition of any after the first examination but if there be further examination that must be upon the same Interrogatories that were first exhibited and if any examination be taken otherwise it must be suppressed whether it be by commission or in Court except it be so appointed by some speciall order of the Court. If a witness be examined of one side and after be served with process to be examined on the other side and do refuse to be examined the Court will not allow his depositions to be used because he hath shewed himself to be partiall After the witnesses be examined there must be order for publication of their depositions either by consent of both sides or by motion of the one side and a day given to the other side to shew cause why they should not be published and the cause heard at which day if nothing be sayd to the contrary they are published and the cause is to be set down afterwards for the hearing at such time as the Lord Treasurer and the Barons shall appoint After the day of hearing is set down the Plaintiss must serve the Defendant with process of Subpana Ad audiendum judicium returnable at a day and place appointed for the hearing and in the mean time either party is to prepare his breviates of his pleading and proofs to instruct his counsell At which day the bill of causes is to be made ready and delivered to the Lord Treasurer Chancellor and Barons in Court wherein the causes are to be set down in order as they were appointed and so the Court doth call for them as they lye in the bill and if both sides be ready to proceed to hearing the Plaintiffs counsell opening the materiall parts of the bill and the Defendants counsell opening his answer and after debating thereof on both sides for the full opening to the matter in question the plaintiff is to make his proofs which are to be read by his Attorney in court and the defendant is to do the like whereupon the Court doth judge Secundum allegata probata as if there be good matter alledged and set forth in the bill and replication and sufficiently proved there by confession of the defendant in his answer or by witnesses Records or other evidence which cannot be disapproved by the Defendant the Court doth make a decree for the plaintiff but if there be good matter set forth and not proved or good matter proved but not set forth in the pleadings the Defendant and the cause is dismissed Sometimes the cause is dismissed upon opening for want of sufficient matter or for that it is meerly tryable at the Common Law and sometimes when there is both matter of Law and Equity the matter of Law is referred to a tryall at the Exchequer bar and the equity of the cause is retained untill the hearing and sometimes when the question is touching accounts and reckonings which are intricate the cause is referred to auditors or Merchants by Commission to examin
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
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
of the said Auditor likewise subscribed into the office of the Pipe within the said Court of Exchequer before the twentieth day of March then next following as further processe thereupon may be made if cause shall so require 10. Item that the Lord Treasuror Chancellor Chamberlaines Under-treasuror and Barons or three of them whereof the Lord Treasuror to be one and in his absence the Under treasuror shall have full power and Authoritie by their discretions from time to time to give Allowances aswell to the Farmors and Accomptant for the yearly reparations and other Allowances as also to every person and persons that shal be hereafter appointed by them or by the more part of them for the doeing and executing of any processe or other thing concerning the premisses 11. Item all Records of the said Court of the Augmentations that doth concerne exemtion of any processe for Indentures Recognizances obligations and all records of Books of orders and decrees concerning the premisses shall remaine in the Charge of the Kings Remembrancer of the said Exchequer in such place or places as by the Lord Treasuror and the Court shal be from time to time appointed 12. Item that all Commissions for woodsales and Commissions for survey of any part or parcell of the premisses shall be made hereafter by the Treasurors Remembrancer of the Exchequer 13. Item all records and Books of the said Court of the Augmentations of the Inrollment of Leases and the Counterpaines of the said Leases and Warrants for making of the same and all accompts that shall remaine in the said Court concerning anie thing or matter within their old order and survey of the same shall be and remaine in the Charge of the Clerke of the Pipe of the said Exchequer in such place as the said Lord Treasuror and Court shall a ward so that processe may be made upon them Unde superius as long as the case shal require 14. Item that all sealed Evidences Rentalls Court rolls and other writings and miniments whatsoever touching the said Revenues be placed in the Treasurie howse that shal be appointed for that purpose by the Lord Treasurer and others the head Officers of that Court. 15. Item Accounts to be taken every yeare and the Ingrossments in forme as aforesaid to remaine in the Charge of the Clerk of the Pipe in such place as shall be appointed by the Lord Treasuror and other the head Officers of that Court amongst the Evidences and the records of the Revenue of the land severed from the Ancient records of the Exchequer 16. Item that all Stewards of Leets and Courts shall yearly double their Court Rolls in parchment and certifie one part thereof subscribed with the hand of the Receivors before the Audit into the Court of Exchequer wherein should be contained the Fines made among the Customary Tennements the Heriotts the Amerciaments the woodsales and other Casualties with a declaration of needfull reparations presented by the Homage making thereof a Streat to the Sheriffs of the Shire or to such other Accomptant as shal be appointed to the receit thereof as he may thereupon make his receit and payment upon the end of his account and that noe reparations be made at any time but by Warrant from the Court under three of the Officers hands whereof the Lord Treasuror or Under-treasuror to be one And the other part of the double of the said Court Rolls to remain in the Lordship where the said Courts be kept 17. Item no woodsales shall be made without a Commission from my Lord Treasuror and two such others of the Court as he shall call to have at that time and in his absence the Under treasuror calling to him two of the said Court 18. Item that noe Steward Bayliff or Woodward be admitted but onely by the Lord Treasuror Chancellor and Chamberlaines Vice-treasuror and Barons of the said Exchequer or three of them at the least whereof the Lord Treasuror or Under-treasuror to be one of the same Officers to passe under the Seale of the Exchequer by the Lord Treasurors Assignement under his hand and the same Bill or Bills to be made in the Office of the Pipe there to be entred of Record filed and kept for the yearly Allowance of the Fees wages and rewards of any person or persons as hereafter shall be appointed to any of the said Offices 19. Item the Accounts of Hamper the Butierage the Staple of Callis and the Revenues of the Courts there the Prises the Mints the great Guardrobe the Customes of the Ports of Chester Barwick and Callice to be yearly taken and ingrossed by the Audi tors of the said Exchequer according to the Ancient lawes of the said Court and as heretofore they have beene accustomed before the Erection of the Court of survey and Augmentation of the Revenue 20. Item where in times past there hath beene continually 6. Auditors serving in the said Court of Exchequer whereof at this day and of long time hath beene remaineing but 5 having ten pounds for every year for his fee it is now ordered that there shall be seven to have yearly twenty pounds for his and their fees and that every of the said Auditors be personally resident upon his Office 21. Item That every Teller of the Receit be likewise attendant upon his Office to execute the same in his own person and not by Deputy upon the losse of his Office and fee. 22. Item For that the order establishment and uniting of this Court be perfectly established with exercise proof and experience of the same the Kings Highness is pleased that the Lord Treasurer and the said Court of Exchequer should have full power and authority from time to time to amend reform and correct any clause or Article aforesaid and to add to or diminish any thing that shall be found necessary for the amendment of the same and to make such further orders from time to time as to the Court shal be thought expedient 23. Item That all Rents and services reserved be answered in the said Court of Excheequer and paid in the said Receipt and likewise all debts arrerages of accounts and other dutyes and summs of mony which have been answered in the said Exchequer be payd in the sayd receipt 24. Item To call into the Court of Exchequer all persons accountable in such manner and form as they ought to have been called in the said Court of augmentation 25. Item That all Records of late being in the sayd Court dissolved and belonging to the same Court shall be recorded of the same court of Exchequer and of the same force and strength as they were in the said late Court dissolved 26. Item A Leagure to be made of all specialties brought into the said Court. 27. Item That all Letters Patents Grants Leafes and other Assurances made by the sayd late Courts dissolved shal be of the same force and strength as they were in the sayd late Courts dissolved The Articles of
THE 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 LONDON Printed by T. R. for Tim. Twyford and W. Place and are to be sold at their Shops within the Inner Temple gate and at Grays Inne gate in Holborne 1658. To the Reader I Have neglected ordinary flatteries least I might seem to beg an applause not merit it Let it not seem a work of supererrogation to publish this Tract since t is hoped the Work it self is bonum utile else had not that great and wise Lord Buckhurst taken such care to command it to writing had he not known that bonum quo communius eo melius And therefore I hope my self very worthy of excuse from blame by any inasmuch as hereby present generations may learn past Polity and by the Rule thereof square their actions And if any thing herein fall short of expectation t is my request That you will rather look at it as an escape then a crime since the whole ayme is both thy pleasure and profit which if you attaine I have the accomplishment of my hope otherwise Si quid noristi rectiusistis Candidus imperti si non his uters mecum Farewell What every of the Officers of the EXCHEQUER usually do by virtue of his Office in England The Lord Treasurer Questions concerning the Lord Treasurers Office with severall Answers to every Question made by Mr. F. Or rather a Declaration of his Opinion touching the same written at the Request of the Lord Buckhurst I. Question THE Lord Treasurer is sworne and admitted in open Court by the Lord Chancellor or Lord Keeper for the time being Answer Sir I have seen the Records of the like Admittance and yet the Lord Treasurer that was last was sworne in the Chancery II. Question Hee is appointed by Statute co be at the election of the Sheriff yearly In Cr. Animarum Answer By the Statute of Anno 14 Ed. 3. cap. 6. The Chancellor Treasurer and cheife Baron calling others to them are to name Sheriffs in Cr. Animarum yearly and by the Act 12 R 2. cap. 2. they must be sworne to do as is there limited III. Question Hee nominateth after the Sheriffs be chosen all the Escheators in England Answer Escheators ought to be nominated by virtue of the sayd Statute of Anno 14 E. 3. cap. 8. but by what reason he doth it alone I know not IV. Question He giveth by Statute all the Offices of the Customers Conmptrollers and Searchers through England during pleasure by his Warrant under his hand directed to the Lord Chancelor or Lord Keeper for the time being Answer This he doth by virtue of a Statute made 31 H. 6. cap. 5. V. Question Hee granteth by Statute and Custome for the accustomed Rent Custodiam of the ancient Crown Lands and Escheated Lands and Firman ulnagij in all the shires in England c. Answer I cannot speake certainly of this I know not how to informe my self so as I would saving that I thinke the Alnage is let to Farme by the Statute of Anno 4 H. 4. cap. 13. and 4. E. 4. cap. 5. VI. Question He granteth Firman terrarum seis pro Domino Rege quamdiu in manu dicti Domini Regis fore contigerint to any that sue for it by his Warrant made of late to the Clarke of the Pipe and in old time directed to the Lord Chancellor or Lord Keeper for the time being Answer Neither do I know this certainly but I have beene told that the Leases made under the Exchequer seale be not good VII Question He sitteth in Court or in the Exchequer Chamber and ordereth with the Chancellor under Treasurer and the Barons of the Court the matters offered before them to the Princes most benefit as they can by the law course or equity but the Judgement is only Per considerationem Baronum Answer Hee sitteth in the Court and ordereth with others as is declared in this Article when it pleaseth him and the oftner the better for the profit and service of the King and the dispatching of suits and suitors VIII Question Hee may call upon the Kings learned Councell and the Officers of the Court to consider by the law and Presidents any matter sore pressed against his Majesty at the Barre and desire the Court to stay proceedings in it while they may be better informed Answer There is no doubt but hee may and will do all this when hee shall see others negligent or any other good causes so to do XI Question Hee and the Barons may by Statute shall debts of three hundred pound and under to be payd at dayes Answer This they may do by the Statute of 1 vel 2 E. 3. cap. 4. X Question The Treasurer the Chancellor the Vice-Treasurer and Barons of the Court may and do use to make Orders and Decrees of Allowances of Pensions Portions Rents Payments Fees and Considerations thought good by the Court and upon intricate matters and matters of equity in the Court betweene the King and the party to bring them to a finall end as best for all parts and not well able to be determined by the ordinary pleading or otherwise of the Court. Answer They may and do use to make Orders and Decrees as is there declared and for that purpose do sit both in the Court and often in the Exchequer Chamber to heare English suits which they do by virtue of the Statute 33 H. 8. cap. 39. See the Statute booke at alrge fol. 92. H. 4. XI Question Hee in giving judgement with the assistance of the Court doth order stay examine heare debate prolong and end all causes of the Exchequer either by Judgement order or decree by privy seale from his Majesty when otherwise it will not be done Answer It is certaine that hee and the Court or to say more plainly the Court whereof he is cheife may do all lawfull things that are there to be done either by virtue of Law or of the Kings Warrant which I take to be the meaning of this Article XII Question He alone punisheth reformeth directeth and ordereth all the Officers of the same that by Law are not to be brought into the Court of Exchequer Answer All the punishments which I have found in any Record have beene done as by the Court and all their Accounts and Concealments Informations and sundry other things have been taken examined and ordered as by the Court And yet his Lordship hath great Authority over them by the Statute of 17 R. 2. cap. 5. where it is enacted that those Offices should remaine in the Kings hands under the governance of the Lord Treasurer for the time being with the assent of the Counsell where need shall be XIII
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
with such persons as he shall call to him which are here too long to set downe particularly and therefore are referred to the said Articles Answer The certainty whereof may be knowne by the Articles themselves XXV Question Hee hath used before the uniting of the sayd Court of augmentation and the first fruits and tenths in all great matters of the Courts sometimes to confer with the Chancellor and under Treasurer alone and some times with them and the Barons and sometimes with them and the Kings learned Councill and some times with them all and the two Remembrancers and Clerke of the Pipe about the same what were best to be done But since the uniting of the sayd Court according to the Articles of uniting the same he hath used much to conferre and joyne with the Chancellor and Vice-Treasurer upon all forraine matters Causes and Actions of the Court that stand not in plea Suits or Judgement before the Court but come in question order and determination by the sayd union and shall call such Officers as shall please them to consider and determine upon the same Answer I have seen no written direction for this course but undoubtedly he may and will call any Officer unto him to conferr with for his Majesties service and determine of matters according to Justice XXVI Question Hee alone and he and the under Treasurer by his discretion as I take it do survey and order all the Receits and all the Officers and matters thereof and of the Treasury and do direct payments and stayes of payments by their discretion and do examine all receits coming in and going out of the receit but can suffer no penny to go out but by privy Seal or great Seale from the Prince or by decree or Writ from the Court that sometime cometh so about by the Judgement of the same He hath divers other authorities by old and new Statutes both alone and with others which are referred to be found out by learned Counsell that have abridged the same Answer I have not much experience in the Receipt but I do hold it for certainty that none of the Treasure may be payed out without good warrant from the King And I have seen by record and otherwise that some misdemeanors there committed have examined and ordered in Superiori S. Here I was required as I understood by the Messenger to set downe by what Warrant and authority the things before specified were done I have endeavoured to performe that according to my best understanding as before appeareth And where I was required also to set down what other authorityes be in this Lord so it is that I Authorities in the Lord Treasurer have observed by reading of the Records of all Kings times that he hath been taken for a very great Officer and chief of the Exchequer amongst which concerning his ancient generall Authority and Duty I finde these words written of him Adquem spectat de commodis domini Regis curare ut ejus disdendia viteut prospicere By which and by his oath his generall duty and authority may be conveniently and reasonably conceived and gathered And touching his other authorities that be not before mentioned I thinke there be some by Statutes and some by Commissions or privy seales concerning his Office in the Exchequer which I do not take upon me to set downe least I by forgetfullnesse should omit some of these I know and might omit diverse others having not beene made acquainted with them and to my best remembrance they be most of them joynt with others and am of opinion that if when any thing shal be offered unto him or required of him to be done It will please him first to require the sight and understanding of his Warrant in that behalfe his Lordship shall in short time finde and know his authorityes that hee will require in such cases whether it be by Act of Parliament or any other way and I for my part will be ready to declare my simple knowledge and experience in every case And what hath beene done by the two last Lord Treasurers I suppose that the next hath seene either already or heard himselfe or shall by some other hear of it And if his Lordship shall finde just cause to understand by what Warrants and Authority they did so he may easily understand of it by some of his Majesties Officers The Chancellor HE is an Officer thought by many to have beene placed in the Exchequer to have qualified all matters of extremity and rigour between the Prince the Subject and the party with Conscience and equitie But yet I never saw nor have heard of any Record ever made in the Exchequer in that case by order direction or qualification He hath in Court the proper place of the Bench above the Lord Treasurer He in the Lord Treasurers absence doth in Court in the Exchecquer Chamber all things to the Kings most benefit and furtherance He in the Lord Treasurers absence if the Barrons and learned Counsell of the suitor doe much presse any matter against the King or that he findeth there is some learning in the case doth pray that it may stay untill the Lord Treasurer be made privie and the Kings learned Councell may be conferred with and the presidents of the Court may be shewed upon the same He maketh warrants to any of the remembrancers to make all manner of commissions processe and iniunctions as the case requireth aswell as the Lord Treasuror doth He by the late Lord Treasuror and Sir Richard Sackvills order and agreement had referred unto him the oversight and rule of the Court of first fruits and Tenth of all compositions bonds mattes and canses of the same He in the Lord Treasurors absence for orders and Commandements in Court for the benefit of the Prince and case of the Subject and suitors hath ever done commonly that the Lord Treasuror useth to do He hath ever used in great causes of the Court to make the Lord Treasuror privie and to confer with his Lordship about the same He being Vice-treasuror also after the death of the Lord Treasuror and while a new Lord Treasuror be made doth all things which the Lord Treasuror both in the Exchequer and Receipt doth use to do Under-Treasurer IS an Office erected of late in the time of King H. 7. And whether it was of the Kings nomination first or of any Lord Treasuror it is not known But it is said that Sir Robert Mitton Knight that was then the Lord Treasurers Remembrancer was the first Vice-treasuror that was ever made and had no patent thereof but Sir Iohn Baker when Thomas Duke of Norfolke was made Lord Treasuror in H. 8. time being nominated Vice-treasuror after Sir Robert Mitton did procure a Patent thereof under the great Seale of England and was the first that had a Patent of the same office He in King H. 7. time as I have heard say the report of the remaine of the Treasure
in the receipt being brought then to the King at the end of every Terme did chest the same up and did Content every Chest what summe and sorts of mony was in it intitleing it B. or C. as in course it fell out and carried it to the Kings Treasuror in the Tower and entred the same in the Kings Book which he kept in his deske leaving ever in that receipt sufficient mony to pay ordinary Fees and sums of money it was charged with betweene that and the next Terme And hereupon I thinke the Vice-treasurer was made to see this done both of trust and ease of the Lord Treasurer as being too mean a thing for his Lordship to be troubled with and yet fit to be done by some meaner person of trust and great secrecie He being Chancellor of the Court in the late Lord Treasurers time and absence and before the uniting of the said Courts of Augmentation and the first fruits and Tenths did order and command all things as the Lord Treasuror in the Court of the Exchequer and in the receipt saving that which was done Per Considerationem Baronum upon Pleas Informations Iudgments c. He before the uniting of the said Courts and since the Lord Treasurors death did make the two Praisors of all wares and Marchandizes seized by any Informer as taken up uncustomed and informed against in the Court of Exchecquer whereof they make him a Bill of Praisement and he giveth order whether the owners shall have the goods againe as they are praysed or whether part or all shall be otherwise sold wherein the late Lord Treasurer would sometimes deale and intermeddle with his privity The Lord Chiefe Baron HEE is sworne by the Lord Chancellor or Lord Keeper for the time being or the Lord Treasurer and the other Barons and is the cheife Judge of the Court and in matters of Law Information and plea he answereth the Barr and all suitors He giveth all days for bringing of Pleas Informations Answers Replications Rejoynders and amending of the same as occasion is offered at the Bar. Hee maketh all the Orders of the Court that touch or concerne the matters at the Bar or the Suite depending in Court or is moved by learned Counsell and yet with great orderly consent of the Lord Treasurer the Chancellor the Vice-Chancellor Vice-Treasurer the other Barons and the Kings learned Councill or such as are present of them as the case shall require Hee in the absence of the Kings learned Councill answereth the Bar most diligently in the Kings Majesties behalfe and when the Kings learned Councell be there hee suffereth them to speake and answer to the Bar for his Majesty all that come and joyneth with them my speech and conference to satisfie the Bar to alter or mend the matter or words of the plea for the furtherance of his Majesties side in all causes the Law will bear him He before hee proceed to Judgement in Causes against the King either hee asketh or willeth the Officer on whose side the matter is to aske the Kings Attorney what he can or wil say more for the King in such a matter that the Court may be informed of it And even so doth he for the party if the Kings Majesty be to have Judgement for him He and his fellowes conferre together in all difficult matters and judgements of the Court and when they have resolved the Law therein they use to impart the same to the Lord Treasurer Mr. Chancellor Mr Vice-Treasurer and to the Kings learned Counsell and if they cannot satisfie the Barons the Law to be otherwise they proceed to Judgement The Court being called upon therefore at the Barr although the Lord Treasurer Chancellor Vice-Treasurer and the Kings learned Councill would faine have it goe otherwise which they do with great circumspection and feeling sometimes the opinion of the Judges therein and ever after long and often deliberation had first thereupon Hee ever giveth Judgement in the Term time only and speaketh in this wise to the Remembrancer on whose side the matter is If the Kings Attorney say nothing for the King between this and such a day for such a matter enter Judgement for I. S. or if the party say nothing for such a matter enter Judgement for the King He in open Court awardeth Commissions Processes Injunctions and all manner of Writs and commandeth stay and Supersedeas of the same and such his Award is set down in the booke of orders on the Remembrancers side where they issue out and such his Award is set down in the book of Orders on the Remembrancers side where they issue out He out of Court maketh Warrants and Fines as the Lord Treasurer Chancellor and Vice-Treasurer doth to any the Remembrancers whom it concerns to make out any manner of Commission Processe Injunctions Supersedeas Writs of priviledge and such like Hee in open Court doth set Amerciaments and Fines upon all Sheriffs Coroners Escheators Commissioners pursivants makers and ayders of Rescues that do not execute serve return deliver or obey the Kings Commissions Processes Injunctions and Writs as to every of them appertaineth He committeth to ward in open Court and in the Exchequer Chamber all that be indebted to the King that misbehave themselves in the Court that disobey the Kings Processe that keep not their dayes or the order of the Court or otherwise be worthy to be committed as the case shall require He alone in the afternoones in the Term time doth sit upon all Nisi prius in London in the Guildhall that came out of the Remembrancers Office or the Clarke of the Pleas Office concerning any matter or tryall there by the Jury of London which cannot be dispatched at Westminster for lack of time and leisure Hee appointeth the dayes and Termes when all Demurrers in Law shall be argued at the Bar and likewise in the Court to shew their opinions upon the same Hee commandeth all the Officers under the Bench to make searches for the King and the Court to give their attendance on the Barons in the afternoones at Westminster to set Fines and Amerciaments on the Sheriffs and to informe the Court of that is meet or otherwise to confer with them And sometimes hee commandeth the sayd Officers to attend at his Chamber upon him and his fellowes for conference or information about some speciall matters appointed there to be heard or considered upon He and his fellowes take without Fee in open Court all manner of Recognizances for the Kings debt for appearances for observing orders for keeping the decrees of the Court and such like and for every Recognizance taken out of the Court he hath six shillings eight pence He taketh the presentation of all Officers in the Court that are under himselfe and of the Mayors and Sheriffs of London and giveth such exhortation and oration as to himself shall seeme meete and Commandeth their Oathes to be read unto them by the Kings Remembrancer and seeth them take
the same He taketh the Declarations of the ingrossed Accounts of the late Augmentatition Revenue in the Counties of Northumberland Richmond Durham Receivers of Nottingham and Derby Lincolne c. Receivors of Chester Lancaster Westmerland and Cumberland Receivers of Northton and Rutland Receivers of Leicester and Warwick Receivers of Salop Wigor Stafford and Hereford And made before him by the Auditors of the same Shires He with the Kings Attorney Promissis Parcandis doth set all the Fines of Composition upon any that is informed against in that Court by any popular Action or penall Statute which Fyne doth bring the defendant to an end thereof and is set downe from the Roll of the Kings Remembrancers side and charged in the Pipe where he hath his Quietus est upon his Fine payed by tallie and allowed there The second Baron IS he that is next in place and Ancientie to the Lord Cheife Baron and in his absence doth Answer the Barr in matters of orders and course as the case offereth and in matters of law difficultie or importance He referreth all suitors untill the Lord Cheife Barons comeing and that the Court be fuller He and his fellowes in the Lord Cheife Barons absence in meane Causes and matters of Course doe take order with all suitors and matters offered at the Barr as in dayes of Apparances Recognizances Receiving and mending of Pleas informations lycense to depart and some Iudgments the Causes being not great and the Lord cheife Barons mind being somewhat fore-known therein And in every thing he useth more Authoritie in the dispatch of matters in the Court which are called on at the barr when the Chancellour the Vice-treasurer the Kings Attorney or Sollicitor or some or most of them are present in Court wherein he and his fellowes have the more consent and agreement of the cheife Officers of the Court. He and his fellowes in my Lord cheife Barons absence may doe all in Court that my Lord cheife Baron may doe and is good in law Per Considerationem Baronum though there be but two of them yet in most matters and especially of any weight they take a respit and put over the same and wil be advised thereof until such a day He giveth yearely the morrow after Simon and Judes day the Oath to the Lord Mayor and Escheatour of London that he shall make a true Account of the Escheatorship and aske no petition or Allowance but that which is good and true He in the Lord cheife barons absence doth take all manner of Recognizance in Court and out of Court as the Lord cheif Baron doth and hath for his Fee of every one taken out of Court six shillings eight pence as aforesaid He taketh the Declaration of ingrossed Accounts of the Receivors of the late Augmentation Revenue in the Countie of Kent Surry and Sussex Receivers of London Middlesex Hertford and Essex Receivers of Norfold and Huntington Receivers of Suffolk and Cambridge Receivers and made before him by the Auditors of the same Shires He examineth the letters and casteth up the sums of such Sheriffs forraign Accounts Escheators Accounts Collectors Accounts of Customes Subsedies and Fifteens as are brought unto him by any of the Auditors of the Court in the head of which accounts the Barons name is set that examined them And his addition thereunto is Auditor And then the Auditors name that did take and ingrosse them is set under the Barons name and his addition thereunto is Clericus So as it seemeth the old course of Exchequer accounted the three under Barons the Auditors of the court and those we now call Auditors but as their Clerks And in this wise the old account of the Ward Robe the Victualls the Ships the Workes the Provisions the Wars and such like were heretofore taken and examined which be now taken by the Auditors of the Prests and are declared by them and they account before the Lord Treasurer Chancellor and Vice-Treasurer only except they please to call some of the Barons to them as they use so metimes when the most of them cannot attend the hearing of the same accounts The third Baron IS hee that is third in place and Anceintie to the two Barons and may do all things in Court in their two absences as the two Barons and their fellowes might do before but in both their absences the third is very circumspect to do or meddle with anything but that which is ordinary and referreth over all suitors as before He may take Recognizances in Court to the Kings use as the other did before and hath his fee also of six shillings eight pence for the same that are taken out of the Court as the other had before He giveth every Symon and Judes day the Oath to the Lord Mayor and Gaugers of London that he shall make a true account of the same and aske noe petition or allowance but what is good and true He taketh the declaration of the ingrossed accounts of the Receivers of the late Augmentation Revenue in the Counties of Somerset and Dorset Receivers of Cornwall and Devon Receivers He likewise as the second Baron did before examineth the letters and casteth up the sums of such Sheriffs forraigne accounts Escheatours accounts Collectors accounts of Customes Subsidies and Fifteens as are brought to him by anie of the Auditors of the Court as aforesaid The fourth Baron IS alwayes a Cursistor of the Court and hath been chosen of some one of the Clerks in both the Remembrancers offices but most usually he is and hath been chosen of some one of the Clerks of both the Remembrancers office or of the Clerke of the Pipes office He taketh Oath every Simon and Judes day of the two Attorneys the new Lord Mayor then putteth in ad recipiendum mandatum Curiae And likewise of the Deputie Escheator and Gauger of the late Lord Mayor Elcheator and Gauger of London that they shall make a true account of the said Offices and aske noe petition or Allowance but that which is good and true He if he present in Court at dayes of prefixion taketh the Oath of all high Sheriffs there under-sheriffs or Attorneys and of all Escheators that they shall make a true account of the said Offices and aske noe petition or allowance but that is good and true He taketh the Oath of all Collectours Countrollors Surveyors and Searchers of all the Custome houses in England that they have made true Entries in their Bookes without concealment or leaving oat any parcell of wares or merchandizes to the Kings hinderance or prejudice He taketh before the Court commonly begin to sit or when it hath little to do or my Lord cheife Baron is absent the opposals of the Shiriffs of their summons that come in and are sworne to account as before which is nothing else but opposing of every Sheriff what he will say to every summons which is written to him out of the Pipe who upon the sayd opposalls answereth unto such
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
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
Roll he delivereth into the Treasurors Remembrancers office and upon the same there be so many Fieri fac inrolled against such Sheriffs as have their issues marked in Rottulo and Nihills which they returned to know why they should not Answer the kings Majesties the same Nihills which they did returne for good issues and leviable upon the parties on whose head they were set which Sheriffs so summoned must either come in and justifie them leviable and prove them and then he that Nihill'd them or else the Sheriff that cannot so justifie them must pay the same himselfe whereby it appeareth the Court and lawe provideth that the Kings Majestie shall loose nothing that he hath right to The Seale of the Court IS the Officer that keepeth the Seale of the Court all terme time under every Chanceller and is bound to Attend and seale all processe Commissions Injunctions Exemplifications and writts whatsoever that be brought to him in Court ' or out of Court from any of the Officers that have Authoritie to make the same except he have contrary Commandement or his masters or some of the cheife Officers of the Court do make stay sometimes of some of them for some speciall matter thought meete and expedient who in many cases hath Fees for sundrie of them whem they be sealed for the partie and not for the King but upon allowance at the liberate The Cheife Usher IS he that by inheritance hath the keeping of the Court the Exchequer Chamber and the howse with all the Appertenance where the Court dines when they sit about the Kings businesse who maketh provision for all the necessaries both of the Exchequer and of the receit and hath allowance at every liberate thereof againe and seeth to all places of the Court that all doores chests Records and things be in safty from fire water or spoile and giveth knowledge of them accordingly and as it needs and hath the oversight of the residue of the Ushers and the six ordinary Messengers of the Court that they deliver truly from time to time to the Sheriffs and all others the Kings processe and bring the Sheriffs Bills subscribed from time to time for the receit of the same which he doth exammine by his Book that he keepeth of the liberate of all the Kings processe every terme wherein is set and totalled up the number of writts and processe that goeth out every terme and to what Sheriff they be sent and out of what Office in the Court. The Marshall of the Court IS an Officer to whome the Court Commits sometime the Custodie of such a one as they will not for the time send to the Fleete and yet is thought meete in that wise for some Cause to be Committed He assigneth in open Court all Sheriffs Escheators Customers Collectors of Subsidies and Fifteens and such like Accountants when they have taken their oath to the Auditor before whom every of them shall account whereof he keepeth an ordinary book and deviseth so by the Court that the Accountants should never choose his own Auditor to practise or help himself by it He receiveth all Offices that Escheators do find Virtute Officij and delivereth them in Court whereof he should keep a Book and so deliver the Originall into the Treasurers Remembrancers Office to be delivered by the Roll of Streats there to the parcell makers to charge the same in such Escheators parcells when he cometh in to account The Foure Ordinary Ushers BE such as with their stick attend upon the cheif Officers and Barons of the Court at their coming to or their going from Westminster and call all Juries and all persons appointed them in open Court and fetch them they are appointed out of Court and use to make in open Court all noises silence and proclamations calling of witnesses returns and of all cacountants both at and after their dayes of prefixion and times appointed them by Law and the course of the Court and to do all other things that are commanded The Praysors of the Court BE cercain Officers of late made first by Sir John Bacon when he was Under-Treasurer without see of the Prince and they praise all Wares and Merchandize that information is put against in the Exchequer as seiled here in the Port of London or in any other Ports of the Realme as Custome and Subsidie thereof not payd which Praisors of old time were chosen here of Merchants of the City as it fel out and as they were taken up by the Sheriff to prize the said Wares whereof they had skill and now by the use of time the sayd standing Praysors that are appointed by the Vice Treasurer to be certain have a certain small fee a peice of and upon every appraisement The four Tellers of the Receipt ARe Officers of the Receit that receive to the Kings Majesties use all monyes payd in there and do make new dated parchment bills under their hands with such Counties names letters words and summ in the same Bills as serves briefly to make it to appear for what cause and by whom every such sum of mony to them is payd and many yeares since they were in the Receit Ponderatores and Fusores at which time it seemeth the mony was so wel kept that the tale fell out even with the waights and Fusores were then melters of the mony to make assay of it into the Ballance that it might be weighed These now deliver their parchment Bills to the party that payeth the mony but cast the same down out of the Office by a hole made for that purpose upon the Boord of the Receipt whither the party repaireth and prayeth a Tally to be stricken for him according to his Bill cast down which Bills heretofore were oftentimes carried away by the parties that thought the same only a sufficient discharge for their mony and were yet afterwards much vexed for the same with process They may receive all mens mony that are to pay any into the Receit save the generall Receivers and the Bishops Collectors mony who are assigned to each of them specially by name that their payments and arrerages may even appear at the eye because they use much to be behind hand and are for the Non-payments to be charged by the Statute They cannot now pay any mony for fees or upon any privy seal or Warrant without a Debenter first sent from the Auditor of the Receipt whereby is known still most certainly what mony is payd and what remains in every of their hands from time to time They keep every of them a rough booke of every days receipts as they fall out in every kind of payment made unto them and they title their sayd bookes into half years receits as thus Michaelmas receit to Easter and Pasch Receipt for all monies Payd from Easter to Michaelmas and their weekly Certificates by the same to the Lord Treasurer and others as they are commanded what every of them hath received They make
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