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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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as he had done before and so declareth all the said Counter bookes halfe yearly before my Lord Treasuror when it is his pleasure He keepeth the black book of the Receit and the Lord Treasurors key of the Treasury both where the ancient leagues of the Realme and all the Perambulations of the Forrests and the Records of Justice Itinerant and divers other Records do lie Both in the old Court of wards and in the old Parliament house in the Cloister at Westminister where no search can be made without that key come with both the Chamberlaines keyes thereof He doth now of late se every Tellers money locked and sealed up in the new Treasurie made for that purpose when it is my Lord Treasurers pleasure or order so to have it to be and keepeth or delivereth the key as he Commandeth The two under Chamberlains BE both the Chamberlaines deputies for the Receit and when the Tallies are written upon as before is declared unto them one of them doth Cleeve the same even in the middest between the double letter of the Tallie mentioned before and then the Cleever taking the stick and the other foile and the Clerk of the Pell and his controller the Book where the said Tellers bills were recorded the Cleever saith Examinatur and readeth the stock aloud and so his fellow The Clerk of the Pell and his two Comptrollers seeing the stock to agree with them all the same is by and by delivered to the partie and the foyle straight cast into the Chamberlaines Chest where they keep all their foiles together with their knives and the Book of Doomesday while the Joyners fetch them away from time to time as they be occupied In which Chest also be kept the keyes of the Treasurie under three locks whereof the auditor of the Receit hath one key and the two Chamberlaines another key and the Usher of the Receit that is in the Kings guift another key who doth now attend by his deputie and is to do all things there besides that that other Ushers use to do and keepeth the Receit as the Usher by Inheritance doth the Exchequer They make all searches in the Treasurie for any Record at the suite of the parties and Exemplifications of the same whereof the Fees are divided betweene them and the keeper of my Lord Treasurors key as of long time hath beene accustomed The Fower ordinary Messengers of the Receit BE the Pursevants only Attendant upon my Lord Treasuror to carry his Lordships letters and percepts to all the Customers Controllers and Searchers through England and to ride and goe where it is his Lordships pleasure to Command The Articles of the late Court of Augmentations and Revenues of the Crowne annexed to the Court of Exchequer at Westminster The Lord Treasuror 1 FIrst all Honers lands tenements possessions amd all other hereditaments which are within the survey rule and order of the Augmentations of the Crowne and the Arrerage of the same shall be received leavied and gathered form hence forth by the Sheriffs of every Shire and Countie within the Realme of England where the said Honers Castles Mannors lands Tenements other heredizaments do lye or by any other person or persons that shall be appointed by the Lord Treasurer and the Court thereafter which Receit the said Sheriff of every countie or other accountant so appointed shall content and pay the Revenue thereof at the Receit of the Exchequer in manner and forme as hereafter shall be declared 2 Item the Revenues in wales shall be yearly received by the Chamberlaine there or by any other person or persons that shall be appointed by the said Lord Treasuror and the Court as is aforesaid the same to pay at the receit aforesaid and to be bound by Recognizances for the payments thereof according to the direction of the Court. 3 Item the said Sheriffs or other accomptants to have a tallie of reward yearly according to the Rule of their severall charges if it shal be thought fit by the Lord Treasuror Chancellor Chamberlaines and Barons or by three of them whereof the Lord Treasuror to be one 4 Item that every Sheriff of England or other accomptant shall be charged with the Revenues aforesaid in his account from Michalmas to Michelmas according to the Ancient lawes and Customes of the said Exchequer 5 Item all such summes of money as shal be due at the Feasts of the birth of our Lord The annunciation of our Lady or at the Feast of Easter for the said Revenues with the Arrearage depending upon all former accounts shall be charged in to the said Sheriff or other Accomptants in their views and shall make the said view before the Feast of the Ascention of our Lord yearly and to pay all such summes of money as shal be found due upon the same before the Feast of Penticost then next ensueing and where they be payable at Penticost those rents to be payed before the Nativitie of Saint John the Baptist then next following 6. Item if any former accomptant or debtor hath paid any summes of money at the receit aforesaid before the making of the view aforesaid that then the said Sheriff or other accomptant shall be discharged by the payment thereof being of Record without any further suite or Charge in the said view of account 7. Item that all such summes as shal be due for the said Revenue at the Feast of Michaelmas and Saint Martin with the Arrerages due upon all former accounts shal be paid at the receit of the Exchequer by the Sheriffs or other receivers or accomptants that is to say as much as shal be due at Michaelnsas before the Feast of the Nativitie of our Lord God And asmuch as shal be due at Saint Martin to be paid into the receit before the twentieth day of February then next insueing or otherwise make declaration unto the said Court of Exchequer of the payment thereof by vertue of sufficient Warrant 8. Item that every Sheriff and other Accomptant shall appeare to his account in his owne proper person or by his sufficient Deputie Authorised in writing under his hand and seale in Hillary Terme and there to take an Oath according to an Ancient usage of the said Exchequer and the same Warrant in writing to be delivered into the Treasurors Remembrancers office and there shall be filed and entred of record without taking any Fee or reward for the same 9. Item the said Sheriff or other accomptant or Accomptants or his or their lawfull Deputie or Attorney after his or their Appearances to make their accounts for the said Revenues before the twentie fourth of February then next after and the Auditor taking the said accounts shall deliver the same accounts ingrossed in parchment Authorised and allowed by the hands subseribed of the Lord Treasuror Chancellor Vice-treasuror and Barons of the said Exchequer or by three of them at the least whereof the Lord Treasuror or Vice-treasuror to be one And with the hand
THE 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