<!DOCTYPE ETS PUBLIC "-//UMDLPS//DTD EEBOPROOF 2.0//EN">
<ETS>
<TEMPHEAD>
<REVDESCR>
<CHANGE>
<DATE>2010-09-29</DATE>
<RESPSTMT>
<NAME>Kayla Ondracek</NAME>
<RESP>MURP</RESP>
</RESPSTMT>
<ITEM>Checklist:
x Add TEMPHEAD, change DATE, validate
x Add DIV TYPEs, validate
x Review structure, use BODY or rarely GROUP
x Check PB placement and completeness, ensure sequence of N=""
x Proof title page(s)
x Check HEAD TRAILER ARGUMENT EPIGRAPH OPENER CLOSER SIGNED SALUTE BYLINE
x Check ^, oe, abq, italic I / J, _Initals, space between &amp;c.
x Check # @ -- UNCLEAR LB FIGURE
x Check q; startq endq Q
x Search for GAPs
x Correct illegibles from proofsheet
x Check illegible page, para, line, span, word, dollar signs
Final validate

Corrected [ ] illegible groups out of [ ].
Converted [ ] illegible groups to GAP DESC="illegible".
DONE</ITEM>
</CHANGE>
</REVDESCR>
</TEMPHEAD>
<EEBO>
<IDG S="marc" R="UM" ID="A90208">
<STC T="W">O527</STC>
<STC T="T">E1928_1</STC>
<BIBNO T="umi">99873381</BIBNO>
<VID>125850</VID>
</IDG>
<TEXT LANG="eng">
<FRONT>
<DIV1 TYPE="title page">
<P><PB REF="1" MS="y">
THE PRACTICE OF THE EXCHEQUER COURT, With its &s;everall OFFICES and OFFICERS.</P>
<P>Being a &s;hort Narration of the Power and Duty of each &s;ingle Per&s;on in his &s;everall Place.</P>
<P>Written at the reque&s;t of the <HI>Lord Buckhur&s;t</HI> &s;ometime Lord Trea&s;urer of <HI>England.</HI></P>
<P>By S^r. <HI>T. F.</HI></P>
<P>Whereunto are added the Rules and Orders of Procee|dings by Engli&s;h Bill.</P>
<P><HI>LONDON,</HI> Printed by <HI>T. R.</HI> for <HI>Tim. Twyford</HI> and <HI>W. Place,</HI> and are to be &s;old at their Shops within the Inner Temple gate, and at Grays Inne gate in Holborne. 1658.</P>
</DIV1>
<DIV1 TYPE="to the reader">
<PB REF="2">
<PB REF="2">
<HEAD>To the Reader,</HEAD>
<P>I Have neglected ordinary flat|teries, lea&s;t I might &s;eem to beg an applau&s;e, not merit it. Let it not &s;eem a work of &s;upererroga|tion to publi&s;h this Tract &s;ince tis hoped the Work it &s;elf is <HI>bonum &amp; utile,</HI> el&s;e had not that great and wi&s;e Lord <HI>Buckhur&s;t</HI> taken &s;uch care to command it to writing, had he not known that <HI>bonum quo com|munius eo melius;</HI> And therefore I hope my &s;elf very worthy of ex|cu&s;e from blame by any, ina&s;much as hereby pre&s;ent generations may learn pa&s;t Polity, and by the Rule thereof &s;quare their actions. And
<PB REF="3">
if any thing herein fall &s;hort of expectation, tis my reque&s;t, That you will rather look at it as an e|&s;cape then a crime; &s;ince the whole ayme is both thy plea&s;ure and profit, which if you attaine, I have the accompli&s;hment of my hope; otherwi&s;e,
<Q><L>&mdash;Si quid nori&s;ti rectiusi&s;tis,</L>
<L>Candidus imperti, &s;i non his uters mecum.</L></Q></P>
<CLOSER><SALUTE>Farewell.</SALUTE></CLOSER>
</DIV1>
</FRONT>
<BODY>
<DIV1 TYPE="part">
<PB N="1" REF="3">
<HEAD>What every of the Offi|cers of the EXCHEQUER u&s;ually do by virtue of his Office in <HI>England.</HI></HEAD>
<DIV2 TYPE="section">
<HEAD>The Lord Trea&s;urer.</HEAD>
<ARGUMENT>
<P>Que&s;tions concerning the Lord Trea&s;urers Office, with &s;everall An&s;wers to every Que&s;tion, made by <HI>Mr. F.</HI> Or rather a Declaration of his Opinion touching the &s;ame; written at the Reque&s;t of the Lord <HI>Buckhur&s;t.</HI></P>
</ARGUMENT>
<DIV3 N="1" TYPE="question">
<HEAD>I. Que&s;tion.</HEAD>
<P><HI>_THE Lord Trea&s;urer is &s;worne and admitted in open Court by the Lord Chancel|lor or Lord Keeper for the time being.</HI></P>
<PB N="2" REF="4">
<P><LABEL>An&s;wer.</LABEL> Sir, I have &s;een the Records of the like Admittance, and yet the Lord Trea&s;urer that was la&s;t, was &s;worne in the Chance|ry.</P>
</DIV3>
<DIV3 N="2" TYPE="question">
<HEAD>II. Que&s;tion.</HEAD>
<P><HI>Hee is appointed by Statute co be at the election of the Sheriff yearly,</HI> In Cr. Ani|marum.</P>
<P><LABEL>An&s;wer.</LABEL> By the Statute of <HI>Anno</HI> 14 <HI>Ed.</HI> 3. <HI>cap.</HI> 6. The Chancellor, Trea&s;urer, and cheife Baron, calling others to them, are to name Sheriffs in <HI>Cr. Animarum</HI> yearly, and by the Act 12 <HI>R</HI> 2. <HI>cap.</HI> 2. they mu&s;t be &s;worne to do as is there limited.</P>
</DIV3>
<DIV3 N="3" TYPE="question">
<HEAD>III. Que&s;tion.</HEAD>
<P><HI>Hee nominateth after the Sheriffs be cho|&s;en, all the E&s;cheators in</HI> England.</P>
<P><LABEL>An&s;wer.</LABEL> E&s;cheators ought to be nominated by virtue of the &s;ayd Statute of <HI>Anno</HI> 14 <HI>E.</HI> 3. <HI>cap.</HI> 8. but by what rea&s;on he doth it alone, I know not.</P>
</DIV3>
<DIV3 N="4" TYPE="question">
<HEAD>IV. Que&s;tion.</HEAD>
<P><HI>He giveth by Statute all the Offices of the Cu&s;tomers, Conmptrollers, and Searchers
<PB N="3" REF="4">
through</HI> England <HI>during plea&s;ure, by his Warrant under his hand, directed to the Lord Chancelor or Lord Keeper for the time being.</HI></P>
<P><LABEL>An&s;wer.</LABEL> This he doth by virtue of a Statute made 31 <HI>H.</HI> 6. <HI>cap.</HI> 5.</P>
</DIV3>
<DIV3 N="5" TYPE="question">
<HEAD>V. Que&s;tion.</HEAD>
<P><HI>Hee granteth by Statute and Cu&s;tome, for the accu&s;tomed Rent,</HI> Cu&s;todiam <HI>of the ancient Crown Lands, and E&s;cheated Lands, and</HI> Firman ulnagij, <HI>in all the &s;hires in</HI> England, <HI>&amp;c.</HI></P>
<P><LABEL>An&s;wer.</LABEL> I cannot &s;peake certainly of this, I know not how to informe my &s;elf &s;o as I would, &s;aving that I thinke the Alnage is let to Farme by the Statute of <HI>Anno</HI> 4 <HI>H.</HI> 4. <HI>cap.</HI> 13. and 4. <HI>E.</HI> 4. <HI>cap.</HI> 5.</P>
</DIV3>
<DIV3 N="6" TYPE="question">
<HEAD>VI. Que&s;tion.</HEAD>
<P><HI>He granteth,</HI> Firman terrarum &s;ei&s;. pro Domino Rege quamdiu in manu dicti Do|mini Regis fore contigerint, <HI>to any that &s;ue 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.</HI></P>
<PB N="4" REF="5">
<P><LABEL>An&s;wer.</LABEL> Neither do I know this certainly, but I have beene told, that the Lea&s;es made un|der the Exchequer &s;eale be not good.</P>
</DIV3>
<DIV3 N="7" TYPE="question">
<HEAD>VII. Que&s;tion.</HEAD>
<P><HI>He &s;itteth in Court or in the Exchequer Chamber, and ordereth with the Chancellor, under Trea&s;urer, and the Barons of the Court, the matters offered before them, to the Princes mo&s;t benefit as they can by the law cour&s;e, or equity, but the Judgement is only,</HI> Per con&s;iderationem Baronum.</P>
<P><LABEL>An&s;wer.</LABEL> Hee &s;itteth in the Court, and ordereth with others, as is declared in this Article, when it plea&s;eth him, and the oftner the better, for the profit and &s;ervice of the King, and the di&s;patching of &s;uits and &s;ui|tors.</P>
</DIV3>
<DIV3 N="8" TYPE="question">
<HEAD>VIII. Que&s;tion.</HEAD>
<P><HI>Hee may call upon the Kings learned Councell and the Officers of the Court, to con&s;ider by the law and Pre&s;idents any matter &s;ore pre&s;&s;ed again&s;t his Maje&s;ty at the Barre, and de&s;ire the Court to stay pro|ceedings in it while they may be better infor|med.</HI></P>
<PB N="5" REF="5">
<P><LABEL>An&s;wer.</LABEL> There is no doubt but hee may and will do all this, when hee &s;hall &s;ee others negli|gent or any other good cau&s;es &s;o to do.</P>
</DIV3>
<DIV3 N="9" TYPE="question">
<HEAD>XI Que&s;tion.</HEAD>
<P><HI>Hee and the Barons may by Statute &s;hall debts of three hundred pound and under to be payd at dayes.</HI></P>
<P><LABEL>An&s;wer.</LABEL> This they may do by the Statute of 1 <HI>vel</HI> 2 <HI>E.</HI> 3. <HI>cap.</HI> 4.</P>
</DIV3>
<DIV3 N="10" TYPE="question">
<HEAD>X Que&s;tion:</HEAD>
<P><HI>The Trea&s;urer, the Chancellor, the Vice-Trea&s;urer, and Barons of the Court, may and do u&s;e to make Orders and Decrees, of Allowances of Pen&s;ions, Portions, Rents, Payments, Fees, and Con&s;iderations thought good by the Court, and upon intricate mat|ters, and matters of equity in the Court be|tweene the King and the party to bring them to a finall end as be&s;t for all parts and not well able to be determined by the ordina|ry pleading, or otherwi&s;e of the Court.</HI></P>
<P><LABEL>An&s;wer.</LABEL> They may and do u&s;e to make Orders and Decrees as is there declared, and for that purpo&s;e do &s;it both in the Court, and
<PB N="6" REF="6">
often in the Exchequer Chamber, to heare Engli&s;h &s;uits, which they do by virtue of the Statute, 33 <HI>H.</HI> 8. <HI>cap.</HI> 39. See the Sta|tute booke at alrge. <HI>fol.</HI> 92. <HI>H.</HI> 4.</P>
</DIV3>
<DIV3 N="11" TYPE="question">
<HEAD>XI Que&s;tion</HEAD>
<P><HI>Hee in giving judgement with the a&s;&s;i|stance of the Court, doth order, &s;tay, exa|mine, heare, debate, prolong, and end, all cau&s;es of the Exchequer, either by Judge|ment, order; or decree, by privy &s;eale from his Maje&s;ty, when otherwi&s;e it will not be done.</HI></P>
<P><LABEL>An&s;wer.</LABEL> It is certaine that hee and the Court, or to &s;ay more plainly the Court (where|of 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.</P>
</DIV3>
<DIV3 N="12" TYPE="question">
<HEAD>XII Que&s;tion.</HEAD>
<P><HI>He alone puni&s;heth, reformeth, directeth, and ordereth all the Officers of the &s;ame, that by Law are not to be brought into the Court of Exchequer.</HI></P>
<P><LABEL>An&s;wer.</LABEL> All the puni&s;hments which I have found in any Record, have beene done as by the
<PB N="7" REF="6">
Court, and all their Accounts and Con|cealments, Informations; and &s;undry other things, have been taken, examined, and or|dered, as by the Court: And yet his Lord|&s;hip hath great Authority over them by the Statute of 17 <HI>R.</HI> 2. <HI>cap.</HI> 5. where it is enacted, that tho&s;e Offices &s;hould remaine in the Kings hands under the governance of the Lord Trea&s;urer for the time being, with the a&s;&s;ent of the Coun&s;ell where need &s;hall be.</P>
</DIV3>
<DIV3 N="13" TYPE="question">
<HEAD>XIII Que&s;tion.</HEAD>
<P><HI>Hee directeth his Warrants to all the re|membrancers (as the ca&s;e lyeth on any of all their &s;ides) for all manner of Commi&s;&s;ions, Proce&s;&s;es, and Injunctions needfull in the matters of the Court, and when the ca&s;e re|quireth &s;peed, hee writeth fir&s;t his Letters therein, and if hee thinke it good, hee &s;en|deth Commi&s;&s;ions, Proce&s;&s;es, and Injuncti|ons after them, and &s;ometimes by the &s;ame, doth undoe and &s;tay that the Barons have commanded, Judgement being not given.</HI></P>
<P><LABEL>An&s;wer.</LABEL> He directeth Warrants for Commi&s;&s;ions and proce&s;&s;e, and &s;o do others, but they be taken and u&s;ed as Acts of the Court and
<PB N="8" REF="7">
allowed and di&s;allowed, as they &s;tand with Ju&s;tice. Hee &s;ometimes maketh Warrants for injunctions to &s;tay &s;poiles of hou&s;es, woods, and &s;uch like, &amp;c. But for alte|rations of po&s;&s;e&s;&s;ions from one to another, <HI>Non auditis partibus,</HI> or out of Court very &s;eldome or never. As for writing of Letters and after proce&s;&s;e, I thinke they have been few of late yeares, and found almo&s;t fruit|le&s;&s;e. For, <HI>Super debile fundamentum ca|dit opus.</HI> And of the undoing and &s;taying of the Barons Commandements, hee hath given &s;ometimes &s;tay for a time upon bet|ter information then they had, but undone nothing but upon conference with them, and with their Con&s;ents to my remem|brance, I have only &s;eene the&s;e things done, but not found them in any Record that I rember.</P>
</DIV3>
<DIV3 N="14" TYPE="question">
<HEAD>XIV. Que&s;tion.</HEAD>
<P><HI>Hee &s;endeth his Serjeant at Armes for all &s;uch as do di&s;obediently &s;et, neglect, or devi&s;e to di&s;appoint the Kings Proce&s;&s;e, and &s;ometimes hee &s;endeth him otherwi&s;e after his di&s;cretion for per&s;ons that are skipping a&s;ide, erneed &s;o to be &s;tayed, or to be &s;ent for.</HI></P>
<P><PB N="9" REF="7">
<LABEL>An&s;wer.</LABEL></P>
<P>I have not &s;een any Record that he hath &s;ent a Serjeant at Armes for any man be|fore the Lord Marque&s;&s;e his time, and that was done when ordinary proce&s;&s;e would not be obeyed, and that al&s;o very &s;eldome. But in the Lord <HI>Burleighs</HI> time, the &s;ending grew common again&s;t Sheriffs and Colle|ctors, <HI>&amp;c.</HI> as I remember I have &s;eene in ancient Records, that Serjeants at Armes have been &s;ometimes, and yet &s;eldome au|thori&s;ed by commi&s;&s;ion to doe &s;undry &s;er|vices.</P>
</DIV3>
<DIV3 N="15" TYPE="question">
<HEAD>XV Que&s;tion.</HEAD>
<P><HI>Hee alone giveth the Warrant to all men to have their Wine free of impost.</HI></P>
<P><LABEL>An&s;wer</LABEL> Hee alone (for any thing I know) hath given all the Warrants for freeing the im|po&s;t of French Wines, yet I finde in <HI>Anno</HI> 1571. the impo&s;t was rated by writing un|der her Maje&s;ties hand, wherein it was or|dered, that if any of reputation (being good hou&s;e-keepers) were left out of the rates, then it &s;hould be lawfull for the Trea&s;urer and Chancellor to give allow|ance, but how this authority hath beene put in ure I know not.</P>
</DIV3>
<DIV3 N="16" TYPE="question">
<PB N="10" REF="8">
<HEAD>XVI Que&s;tion.</HEAD>
<P><HI>He, the Chancellor, and Vice-Trea&s;urer, make all Warrants for wood &s;ales.</HI></P>
<P><LABEL>An&s;wer.</LABEL> I have not &s;eene or found any Record, or otherwi&s;e, that hee or any other of the Exchequer, hath had any authority to make &s;ale of the Kings Woods, but by Writ or Commi&s;&s;ion under the great Seale, and that al&s;o very rarely, but by Article, a|mong&s;t the Articles for annexing of the Court of augmentations to the Exchequer <HI>viz. Article</HI> 27. there is a prohibition con|cerning the Woods of the Lands in the &s;ur|vey of the augmentation Court of this Te|nor, <HI>viz.</HI> No Wood &s;ales to be made without a Commi&s;&s;ion from the Lord Trea&s;urer, and to &s;uch other of the Court as hee &s;hall call unto him, and in his ab|&s;ence, the under Trea&s;urer calling unto him two of the &s;ame Court, and other Authority then this I have not &s;een, but to the Court of generall &s;urveyors, which (as I take it) is &s;ince di&s;&s;olved by the &s;tatute, 7 <HI>E.</HI> 6 <HI>cap.</HI> 2.</P>
</DIV3>
<DIV3 N="17" TYPE="question">
<HEAD>XVII. Que&s;tion.</HEAD>
<P><HI>Hee, the Chancellor and Vice-Trea&s;urer
<PB N="11" REF="8">
make all Warrants for mony to the Receivor, of the &s;hire, for reparations of hou&s;es, Sea-Bancks, and water works, where the &s;ame be. And commonly he directeth his Warrant for a Commi&s;&s;ion to go out to enquire of the &s;ayd needfull reparations, and the charges of the &s;ame.</HI></P>
<P><LABEL>An&s;wer.</LABEL> All the generall Authority that I have &s;een to give warrant for reparations, is by the Articles of annexing the &s;ayd courts before mentioned, <HI>Article,</HI> 20.</P>
</DIV3>
<DIV3 N="18" TYPE="question">
<HEAD>XVIII Que&s;tion.</HEAD>
<P><HI>He directeth Warrants &s;ometimes to make Commi&s;&s;ions to &s;ome to be Receivors, Sur|veyors and &s;uch Officers of the Revennues, during plea&s;ure under the Exchequer &s;eale, after any be dead, or put out for any mi&s;de|meanors whil&s;t the Kings Maje&s;ty be moved for the Bill a&s;&s;igned, and to &s;tay others from &s;uing.</HI></P>
<P><LABEL>An&s;wer.</LABEL> He &s;ometimes alone, and &s;ometimes with others, hath made &s;uch warrants as is alle|ged, and not without good cau&s;e as is there mentioned.</P>
</DIV3>
<DIV3 N="19" TYPE="question">
<PB N="12" REF="9">
<HEAD>XIX. Que&s;tion.</HEAD>
<P><HI>He cheifly protecteth the Iuri&s;diction of the Court, the Officers, and all the matters of the &s;ame.</HI></P>
<P><LABEL>An&s;wer.</LABEL> The Juri&s;diction, 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.</P>
</DIV3>
<DIV3 N="20" TYPE="question">
<HEAD>XX. Que&s;tion.</HEAD>
<P><HI>He Commandeth and re&s;traineth all the Officers and Mini&s;ters of the Courts, and all others in the Kings Majegi&s;ty Cau&s;es, and matters, belonging to the &s;ame.</HI></P>
<P><LABEL>An&s;wer.</LABEL> He commandeth all to do their duties diligently, ju&s;tly, and truly, and re&s;trai|neth all to do the contrary.</P>
</DIV3>
<DIV3 N="21" TYPE="question">
<HEAD>XXI Que&s;tion.</HEAD>
<P><HI>He alone and the Chancellor Vicetrea&s;uror and Barrons of the Court, after his and their di&s;cretions, do puni&s;h all the mi&s;demeanors of the other Officers, and Mini&s;ters, of the Court, and of all others that abu&s;e the Court,
<PB N="13" REF="9">
the Cau&s;es, the proce&s;&s;e, and appendance of the &s;ame.</HI></P>
<P><LABEL>An&s;wer.</LABEL> I have &s;eene by Records that the Court hath done puni&s;hments after divers man|ners upon the Officers and divers others, but I remember none on Record to be done by him alone.</P>
</DIV3>
<DIV3 N="22" TYPE="question">
<HEAD>XXII. Que&s;tion.</HEAD>
<P><HI>He untill the late uniting of the Court of Augmentations, and the fir&s;t fruits and Tenths, did u&s;e to &s;it, and deale very little in the Court of Exchecquer, but left all there belonging to him, to be ordered by the Chan|cellor, Vice-trea&s;uror, and Barons.</HI></P>
<P><LABEL>An&s;wer.</LABEL> I thinke this to be true, but I have not &s;een any Record of it.</P>
</DIV3>
<DIV3 N="23" TYPE="question">
<HEAD>XXIII Que&s;tion.</HEAD>
<P><HI>He alone, or he, the Chancellor and Vice-Trea&s;urer, do allow at the</HI> Liberate <HI>every</HI> Hillary <HI>and</HI> Trinity <HI>Terme, &s;uch &s;ummes of mony out of the Exchequer, as to them &s;eems good for any bodies con&s;iderations, about the &s;ervice and charges of the court or Revenue of the &s;ame, as by the leiger privy
<PB N="14" REF="10">
Seale in the receipt he and they are authori|zed &s;o to do.</HI></P>
<P><LABEL>An&s;wer.</LABEL> He and the under trea&s;uror, or one of them alone without the Chancellor, do give the&s;e allowances in &s;uch terme or time as they &s;ee cau&s;e, by vertue of the privie Seale in the Article mentioned and for this purpo&s;e, the Articles of the annexing of the Augmentation Court, Article, 20 may be con&s;idered.</P>
</DIV3>
<DIV3 N="22" TYPE="question">
<HEAD>XXII. Que&s;tion.</HEAD>
<P><HI>He alone by the Articles of the late court of Augmentation, and the fir&s;t fruite and Tenths annexed to the Exchequer may do &s;omething alone, and &s;omething he with the Chancellor, and under-trea&s;uror, the Chamberlaines and Barrons of the Exchec|quer or three of them and &s;ome things he with the Court, and &s;ome things he with &s;uch per|&s;ons as he &s;hall call to him, which are here too long to &s;et downe particularly, and therefore are referred to the &s;aid Articles.</HI></P>
<P><LABEL>An&s;wer.</LABEL> The certainty whereof may be knowne by the Articles them&s;elves.</P>
</DIV3>
<DIV3 N="25" TYPE="question">
<PB N="15" REF="10">
<HEAD>XXV. Que&s;tion.</HEAD>
<P><HI>Hee hath u&s;ed before the uniting of the &s;ayd Court of augmentation:, and the fir&s;t fruits and tenths in all great matters of the Courts, &s;ometimes to confer with the Chan|cellor and under Trea&s;urer alone, and &s;ome times with them and the Barons, and &s;ome|times with them and the Kings learned Councill, and &s;ome times with them all, and the two Remembrancers and Clerke of the Pipe about the &s;ame, what were be&s;t to be done. But &s;ince the uniting of the &s;ayd Court, according to the Articles of uniting the &s;ame, he hath u&s;ed much to conferre and joyne with the Chancellor and Vice-Trea&s;u|rer, upon all forraine matters, Cau&s;es and Actions of the Court, that &s;tand not in plea, Suits or Judgement before the Court, but come in que&s;tion, order, and determination by the &s;ayd union, and &s;hall call &s;uch Officers as &s;hall plea&s;e them to con&s;ider and determine upon the &s;ame.</HI></P>
<P><LABEL>An&s;wer.</LABEL> I have &s;een no written direction for this cour&s;e, but undoubtedly he may and will call any Officer unto him to conferr with for his Maje&s;ties &s;ervice, and determine of
<PB N="16" REF="11">
matters according to Ju&s;tice.</P>
</DIV3>
<DIV3 N="26" TYPE="question">
<HEAD>XXVI Que&s;tion.</HEAD>
<P><HI>Hee alone, and he, and the under Trea&s;u|rer by his di&s;cretion (as I take it) do &s;ur|vey and order all the Receits, and all the Of|ficers and matters thereof, and of the Trea|&s;ury, and do direct payments, and &s;tayes of payments by their di&s;cretion, and do exa|mine all receits coming in, and going out of the receit, but can &s;uffer no penny to go out but by privy Seal or great Seale from the Prince, or by decree, or Writ from the Court, that &s;ometime cometh &s;o about by the Judgement of the &s;ame. He hath divers other authori|ties by old and new Statutes both alone and with others, which are referred to be found out by learned Coun&s;ell that have abridged the &s;ame.</HI></P>
<P><LABEL>An&s;wer.</LABEL> I have not much experience in the Re|ceipt, but I do hold it for certainty, that none of the Trea&s;ure may be payed out, without good warrant from the King. And I have &s;een by record, and otherwi&s;e, that &s;ome mi&s;demeanors there committed, have examined and ordered in <HI>Superiori S.</HI></P>
</DIV3>
<DIV3 TYPE="conclusion">
<P>Here I was required (as I under|&s;tood
<PB N="17" REF="11">
by the Me&s;&s;enger, to &s;et downe by what Warrant and authority, the things before &s;pecified were done. I have endea|voured to performe that according to my be&s;t under&s;tanding, as before appeareth. And where I was required al&s;o to &s;et down, what other authorityes be in this Lord; &s;o it is, that I <NOTE PLACE="marg">Authorities in the Lord Trea&s;urer.</NOTE> have ob&s;erved by reading of the Records of all Kings times, that he hath been taken for a very great Officer, and chief of the Exchequer, among&s;t which concerning his ancient ge|nerall Authority and Duty, I finde the&s;e words written of him, <HI>Adquem spectat de commodis domini Regis curare, &amp; ut ejus di&s;dendia viteut prospicere,</HI> By which, and by his oath, his generall duty and authori|ty, may be conveniently and rea&s;onably conceived and gathered. And touching his other authorities that be not before mentio|ned, I thinke there be &s;ome by Statutes and &s;ome by Commi&s;&s;ions or privy &s;eales, concerning his Office in the Exchequer, which I do not take upon me to &s;et downe lea&s;t I by forgetfullne&s;&s;e, &s;hould omit &s;ome of the&s;e I know, and might omit diver&s;e
<PB N="18" REF="12">
others, having not beene made acquainted with them, and to my be&s;t remembrance, they be mo&s;t of them joynt with others, and am of opinion, that if (when any thing &s;hal be offered unto him, or required of him to be done) It will plea&s;e him fir&s;t to require the &s;ight and under&s;tanding of his War|rant, in that behalfe his Lord&s;hip &s;hall in &s;hort time finde and know his authorityes that hee will require in &s;uch ca&s;es, whether it be by Act of Parliament, or any other way; and I for my part will be ready to declare my &s;imple knowledge and experi|ence in every ca&s;e.</P>
<P>And what hath beene done by the two la&s;t Lord Trea&s;urers, I &s;uppo&s;e that the next hath &s;eene either already, or heard him&s;elfe, or &s;hall by &s;ome other hear of it. And if his Lord&s;hip &s;hall finde ju&s;t cau&s;e to under&s;tand by what Warrants and Au|thority they did &s;o, he may ea&s;ily under|&s;tand of it by &s;ome of his Maje&s;ties Offi|cers.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="section">
<PB REF="12">
<HEAD>The Chancellor.</HEAD>
<P>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 Con&s;cience and equi|tie, But yet I never &s;aw nor have heard of any Record ever made in the Exchequer in that ca&s;e, by order, direction, or qualifi|cation.</P>
<P>He hath in Court the proper place of the Bench above the Lord Trea&s;urer. He (in the Lord Trea&s;urers ab&s;ence) doth in Court in the Exchecquer Chamber all things to the Kings mo&s;t benefit and furtherance.</P>
<P>He in the Lord Trea&s;urers ab&s;ence, if the Barrons and learned Coun&s;ell of the &s;uitor doe much pre&s;&s;e any matter again&s;t the King, or that he findeth there is &s;ome lear|ning in the ca&s;e, doth pray that it may &s;tay untill the Lord Trea&s;urer be made privie, and the Kings learned Councell may be conferred with, and the pre&s;idents of the Court may be &s;hewed upon the &s;ame.</P>
<P><PB REF="13">
He maketh warrants to any of the rem|embrancers to make all manner of com|mi&s;&s;ions proce&s;&s;e, and iniunctions, as the ca&s;e requireth, a&s;well as the Lord Trea&s;u|ror doth.</P>
<P>He by the late Lord Trea&s;uror, and Sir Richard <HI>Sackvills</HI> order and agreement, had referred unto him the over&s;ight and rule of the Court of fir&s;t fruits and Tenth of all compo&s;itions, bonds, mattes and can&s;es of the &s;ame.</P>
<P>He in the Lord Trea&s;urors ab&s;ence for orders and Commandements in Court for the benefit of the Prince, and ca&s;e of the Subject and &s;uitors, hath ever done com|monly that the Lord Trea&s;uror u&s;eth to do.</P>
<P>He hath ever u&s;ed in great cau&s;es of the Court, to make the Lord Trea&s;uror privie, and to confer with his Lord&s;hip about the &s;ame.</P>
<P>He being Vice-trea&s;uror al&s;o, after the death of the Lord Trea&s;uror, and while a new Lord Trea&s;uror be made, doth all things which the Lord Trea&s;uror both in the Exchequer and Receipt doth u&s;e to do</P>
</DIV2>
<DIV2 TYPE="section">
<PB N="21" REF="13">
<HEAD>Under-Trea&s;urer.</HEAD>
<P>IS an Office erected of late in the time of King H. 7. And whether it was of the Kings nomination fir&s;t, or of any Lord Trea&s;uror, it is not known. But it is &s;aid that Sir. Robert Mitton Knight, that was then the Lord Trea&s;urers Remembrancer, was the fir&s;t Vice-trea&s;uror that was ever made, and had no patent thereof; but <HI>Sir.</HI> Iohn Baker when Thomas Duke of Nor|folke was made Lord Trea&s;uror in H. 8. time, being nominated Vice-trea&s;uror after Sir. Robert Mitton did procure a Patent thereof under the great Seale of England and was the fir&s;t that had a Patent of the &s;ame office.</P>
<P>He in King H. 7. time (as I have heard &s;ay, the report of the remaine of the Trea|&s;ure in the receipt being brought then to the King at the end of every Terme) did che&s;t the &s;ame up, and did Content every Che&s;t what &s;umme and &s;orts of mony was in it, intitleing it B. or C. as in cour&s;e it fell out, and carried it to the Kings Trea|&s;uror in the Tower, and entred the &s;ame in
<PB N="22" REF="14">
the Kings Book which he kept in his deske, leaving ever in that receipt &s;ufficient mony to pay ordinary Fees, and &s;ums of money it was charged with betweene that and the next Terme. And hereupon I thinke the Vice-trea&s;urer was made to &s;ee this done, both of tru&s;t and ea&s;e of the Lord Trea|&s;urer, as being too mean a thing for his Lord&s;hip to be troubled with, and yet fit to be done by &s;ome meaner per&s;on of tru&s;t, and great &s;ecrecie.</P>
<P>He being Chancellor of the Court in the late Lord Trea&s;urers time and ab&s;ence, and before the uniting of the &s;aid Courts of Augmentation, and the fir&s;t fruits and Tenths, did order and command all things as the Lord Trea&s;uror in the Court of the Exchequer, and in the receipt, &s;aving that which was done <HI>Per Con&s;iderationem Ba|ronum,</HI> upon Pleas, Informations, Iudg|ments &amp;c.</P>
<P>He before the uniting of the &s;aid Courts, and &s;ince the Lord Trea&s;urors death, did make the two Prai&s;ors of all wares, and Marchandizes &s;eized by any Informer, as taken up uncu&s;tomed, and informed again&s;t in the Court of Exchecquer, whereof they
<PB N="23" REF="14">
make him a Bill of Prai&s;ement, and he giv|eth order whether the owners &s;hall have the goods againe as they are pray&s;ed; or whether part or all &s;hall be otherwi&s;e &s;old, wherein the late Lord Trea&s;urer would &s;ometimes deale and intermeddle with his privity.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>The Lord Chiefe Baron.</HEAD>
<P>HEE is &s;worne by the Lord Chancellor or Lord Keeper for the time being, or the Lord Trea&s;urer, and the other Barons, and is the cheife Judge of the Court, and in matters of Law. Information and plea, he an&s;wereth the Barr and all &s;uitors.</P>
<P>He giveth all days for bringing of Pleas, Informations, An&s;wers, Replications, Re|joynders, and amending of the &s;ame, as occa&s;ion is offered at the Bar.</P>
<P>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 Coun&s;ell, and yet with great orderly con&s;ent of the Lord Trea&s;u|rer, the Chancellor, the Vice-Chancellor,
<PB N="24" REF="15">
Vice-Trea&s;urer, the other Barons, and the Kings learned Councill, or &s;uch as are pre|&s;ent of them, as the ca&s;e &s;hall require.</P>
<P>Hee in the ab&s;ence of the Kings learned Councill, an&s;wereth the Bar mo&s;t diligent|ly in the Kings Maje&s;ties behalfe, and when the Kings learned Councell be there, hee &s;uffereth them to &s;peake and an&s;wer to the Bar for his Maje&s;ty all that come, and joy|neth with them my &s;peech and conference, to &s;atisfie the Bar, to alter or mend the matter or words of the plea, for the fur|therance of his Maje&s;ties &s;ide, in all cau&s;es the Law will bear him.</P>
<P>He, before hee proceed to Judgement in Cau&s;es again&s;t the King, either hee asketh or willeth the Officer on who&s;e &s;ide the matter is, to aske the Kings Attorney what he can or wil &s;ay more for the King in &s;uch a matter, that the Court may be informed of it. And even &s;o doth he for the party, if the Kings Maje&s;ty be to have Judgement for him.</P>
<P>He and his fellowes conferre together in all difficult matters and judgements of the Court, and when they have re&s;olved the Law therein, they u&s;e to impart the &s;ame
<PB N="25" REF="15">
to the Lord Trea&s;urer, Mr. Chancellor, Mr, Vice-Trea&s;urer, and to the Kings lear|ned Coun&s;ell, and if they cannot &s;atisfie the Barons, the Law to be otherwi&s;e, they proceed to Judgement. The Court being called upon therefore at the Barr, although the Lord Trea&s;urer, Chancellor, Vice-Trea&s;urer, and the Kings learned Coun|cill, would faine have it goe otherwi&s;e, which they do with great circum&s;pection, and feeling &s;ometimes the opinion of the Judges therein, and ever after long and often deliberation had fir&s;t thereupon.</P>
<P>Hee ever giveth Judgement in the Term time only, and &s;peaketh in this wi&s;e to the Remembrancer, on who&s;e &s;ide the matter is. If the Kings Attorney &s;ay nothing for the King between this and &s;uch a day, for &s;uch a matter, enter Judgement for <HI>I. S.</HI> or if the party &s;ay nothing for &s;uch a matter, enter Judgement for the King.</P>
<P>He in open Court awardeth Commi&s;&s;ions Proce&s;&s;es, Injunctions, and all manner of Writs, and commandeth &s;tay and <HI>Super|&s;edeas</HI> of the &s;ame, and &s;uch his Award is &s;et down in the booke of orders on the Re|membrancers &s;ide where they i&s;&s;ue out.
<PB N="26" REF="16">
and &s;uch his Award is &s;et down in the book of Orders, on the Remembrancers &s;ide where they i&s;&s;ue out.</P>
<P>He out of Court maketh Warrants and Fines, as the Lord Trea&s;urer, Chancellor, and Vice-Trea&s;urer doth to any the Re|membrancers whom it concerns to make out any manner of Commi&s;&s;ion, Proce&s;&s;e, Injunctions, <HI>Super&s;edeas,</HI> Writs of pri|viledge, and &s;uch like.</P>
<P>Hee in open Court doth &s;et Amercia|ments and Fines upon all Sheriffs, Coro|ners, E&s;cheators; Commi&s;&s;ioners, pur&s;i|vants, makers and ayders of Re&s;cues, that do not execute, &s;erve, return, deliver, or obey the Kings Commi&s;&s;ions, Proce&s;&s;es, Injunctions and Writs, as to every of them appertaineth.</P>
<P>He committeth to ward in open Court, and in the Exchequer Chamber, all that be indebted to the King, that misbehave them|&s;elves in the Court, that di&s;obey the Kings Proce&s;&s;e, that keep not their dayes or the order of the Court, or otherwi&s;e, be worthy to be committed as the ca&s;e &s;hall require.</P>
<P>He alone in the afternoones in the Term time, doth &s;it upon all <HI>Ni&s;i prius</HI> in <HI>Lon|don</HI>
<PB N="27" REF="16">
in the <HI>Guildhall,</HI> that came out of the Remembrancers Office, or the Clarke of the Pleas Office, concerning any matter or tryall there by the Jury of <HI>London,</HI> which cannot be di&s;patched at <HI>We&s;tmin&s;ter</HI> for lack of time and lei&s;ure.</P>
<P>Hee appointeth the dayes and Termes when all Demurrers in Law &s;hall be argued at the Bar, and likewi&s;e in the Court to &s;hew their opinions upon the &s;ame.</P>
<P>Hee commandeth all the Officers under the Bench to make &s;earches for the King, and the Court to give their attendance on the Barons in the afternoones at <HI>We&s;tmin|&s;ter,</HI> to &s;et Fines and Amerciaments on the Sheriffs, and to informe the Court of that is meet, or otherwi&s;e to confer with them. And &s;ometimes hee commandeth the &s;ayd Officers to attend at his Chamber upon him and his fellowes, for conference or information about &s;ome &s;peciall matters appointed there to be heard or con&s;idered upon.</P>
<P>He and his fellowes take without Fee in open Court, all manner of Recognizances for the Kings debt, for appearances, for ob&s;erving orders, for keeping the decrees
<PB N="28" REF="17">
of the Court, and &s;uch like and for every Recognizance taken out of the Court, he hath &s;ix &s;hillings eight pence.</P>
<P>He taketh the pre&s;entation of all Officers in the Court, that are under him&s;elfe and of the Mayors and Sheriffs of <HI>London,</HI> and giveth &s;uch exhortation and oration as to him&s;elf &s;hall &s;eeme meete, and Command|eth their Oathes to be read unto them by the Kings Remembrancer, and &s;eeth them take the &s;ame.</P>
<P>He taketh the Declarations of the in|gro&s;&s;ed Accounts of the late Augmentati|tion Revenue in the Counties of <HI>Northum|berland, Richmond, Durham,</HI> Receivers of <HI>Nottingham</HI> and <HI>Derby, Lincolne. &amp;c.</HI> Receivors of <HI>Che&s;ter, Lanca&s;ter, We&s;tmer|land</HI> and <HI>Cumberland.</HI></P>
<P>Receivers of <HI>Northton</HI> and <HI>Rutland.</HI></P>
<P>Receivers of <HI>Leice&s;ter</HI> and <HI>Warwick.</HI></P>
<P>Receivers of <HI>Salop, Wigor, Stafford,</HI> and <HI>Hereford.</HI></P>
<P>And made before him by the Auditors of the &s;ame Shires,</P>
<P>He with the Kings Attorney <HI>Promi&s;&s;is Parcandis,</HI> doth &s;et all the Fines of Compo|&s;ition upon any that is informed again&s;t in
<PB N="29" REF="17">
that Court by any popular Action, or pe|nall Statute, which Fyne doth bring the de|fendant to an end thereof, and is &s;et downe from the Roll of the Kings Remem|brancers &s;ide, and charged in the Pipe, where he hath his <HI>Quietus e&s;t,</HI> upon his Fine payed by tallie and allowed there.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>The &s;econd Baron</HEAD>
<P>IS he that is next in place, and Ancientie to the Lord Cheife Baron, and in his ab|&s;ence doth An&s;wer the Barr in matters of orders, and cour&s;e, as the ca&s;e offereth, and in matters of law, difficultie, or im|portance, He referreth all &s;uitors untill the Lord Cheife Barons comeing, and that the Court be fuller. He, and his fellowes in the Lord Cheife Barons ab&s;ence, in meane Cau&s;es and matters of Cour&s;e, doe take order with all &s;uitors, and matters offe|red at the Barr, as in dayes of Appa|rances, Recognizances, Receiving and men|ding of Pleas, informations, lycen&s;e to de|part, and &s;ome Iudgments the Cau&s;es being
<PB N="30" REF="18">
not great, and the Lord cheife Barons mind being &s;omewhat fore-known therein, And in every thing he u&s;eth more Autho|ritie in the di&s;patch of matters in the Court, which are called on at the barr when the Chancellour, the Vice-trea&s;urer, the Kings Attorney, or Sollicitor, or &s;ome or mo&s;t of them are pre&s;ent in Court, wherein he and his fellowes have the more con&s;ent and agreement of the cheife Offi|cers of the Court.</P>
<P>He and his fellowes in my Lord cheife Barons ab&s;ence, may doe all in Court that my Lord cheife Baron may doe, and is good in law <HI>Per Con&s;iderationem Baronum,</HI> though there be but two of them, yet in mo&s;t matters, and e&s;pecially of any weight, they take a re&s;pit, and put over the &s;ame, and wil be advi&s;ed thereof until &s;uch a day.</P>
<P>He giveth yearely the morrow after <HI>Simon</HI> and <HI>Judes</HI> day, the Oath to the Lord Mayor and E&s;cheatour of <HI>London,</HI> that he &s;hall make a true Account of the E&s;chea|tor&s;hip, and aske no petition or Allowance, but that which is good and true.</P>
<P>He in the Lord cheife barons ab&s;ence doth take all manner of Recognizance in
<PB N="31" REF="18">
Court, and out of Court, as the Lord cheif Baron doth, and hath for his Fee of every one taken out of Court &s;ix &s;hillings eight pence as afore&s;aid.</P>
<P>He taketh the Declaration of ingro&s;&s;ed Accounts of the Receivors of the late Aug|mentation Revenue in the Countie of <HI>Kent, Surry,</HI> and <HI>Su&s;&s;ex.</HI> Receivers of <HI>London Middle&s;ex. Hertford</HI> and <HI>E&s;&s;ex.</HI> Receivers of <HI>Norfold</HI> and <HI>Huntington.</HI> Receivers of <HI>Suffolk</HI> and <HI>Cambridge.</HI> Receivers, and made before him by the Auditors of the &s;ame Shires.</P>
<P>He examineth the letters, and ca&s;teth up the &s;ums of &s;uch Sheriffs forraign Ac|counts, E&s;cheators Accounts, Collectors Ac|counts, of Cu&s;tomes, Sub&s;edies, and Fifteens, as are brought unto him by any of the Au|ditors of the Court, in the head of which accounts, the Barons name is &s;et that exami|ned them, And his addition thereunto is <HI>Auditor,</HI> And then the Auditors name that did take and ingro&s;&s;e them, is &s;et under the Barons name, and his addition thereunto is <HI>Clericus;</HI> So as it &s;eemeth, the old cour&s;e of Exchequer accounted the three under Ba|rons
<PB N="32" REF="19">
the Auditors of the court, and tho&s;e we now call Auditors, but as their Clerks. And in this wi&s;e the old account of the Ward Robe, the Victualls, the Ships, the Workes, the Provi&s;ions, the Wars, and &s;uch like, were heretofore taken and examined, which be now taken by the Au|ditors of the Pre&s;ts, and are declared by them, and they account before the Lord Trea&s;urer, Chancellor, and Vice-Trea&s;u|rer only, except they plea&s;e to call &s;ome of the Barons to them, as they u&s;e &s;o me|times, when the mo&s;t of them cannot at|tend the hearing of the &s;ame accounts.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>The third Baron.</HEAD>
<P>IS hee that is third in place and Anceintie to the two Barons, and may do all things in Court, in their two ab&s;ences as the two Barons, and their fellowes might do before; but in both their ab|&s;ences, the third is very circum&s;pect to do or meddle with anything, but that which is ordinary, and referreth over all &s;uitors as before.</P>
<P><PB N="33" REF="19">
He may take Recognizances in Court to the Kings u&s;e, as the other did before, and hath his fee al&s;o of &s;ix &s;hillings eight pence for the &s;ame, that are taken out of the Court, as the other had before.</P>
<P>He giveth every <HI>Symon</HI> and <HI>Judes</HI> day the Oath to the Lord Mayor, and Gaugers of <HI>London,</HI> that he &s;hall make a true account of the &s;ame, and aske noe petition or allow|ance but what is good and true.</P>
<P>He taketh the declaration of the ingro&s;|&s;ed accounts of the Receivers of the late Augmentation Revenue in the Counties of <HI>Somer&s;et</HI> and <HI>Dor&s;et.</HI></P>
<P>Receivers of Cornwall, and Devon Re|ceivers.</P>
<P>He likewi&s;e as the &s;econd Baron did be|fore, examineth the letters: and ca&s;teth up the &s;ums of &s;uch Sheriffs forraigne ac|counts, E&s;cheatours accounts, Collectors ac|counts, of Cu&s;tomes Sub&s;idies and Fifteens, as are brought to him by anie of the Audi|tors of the Court as afore&s;aid.</P>
</DIV2>
<DIV2 TYPE="section">
<PB N="34" REF="20">
<HEAD>The fourth Baron</HEAD>
<P>IS alwayes a Cur&s;i&s;tor of the Court, and hath been cho&s;en of &s;ome one of the Clerks in both the Remembrancers offices, but mo&s;t u&s;ually he is, and hath been cho&s;en of &s;ome one of the Clerks of both the Re|membrancers office, or of the Clerke of the Pipes office.</P>
<P>He taketh Oath every <HI>Simon</HI> and <HI>Judes</HI> day of the two Attorneys, the new Lord Mayor then putteth in, <HI>ad recipiendum man|datum Curiae,</HI> And likewi&s;e of the Deputie E&s;cheator and Gauger of the late Lord Mayor, Elcheator and Gauger of <HI>London,</HI> that they &s;hall make a true account of the &s;aid Offices, and aske noe petition or Allowance, but that which is good and true.</P>
<P>He if he pre&s;ent in Court at dayes of prefixion, taketh the Oath of all high Sheriffs there, under-&s;heriffs, or Attorneys, and of all E&s;cheators, that they &s;hall make a true account of the &s;aid Offices, and aske noe petition or allowance but that is good and true.</P>
<P><PB N="35" REF="20">
He taketh the Oath of all Collectours, Countrollors, Surveyors, and Searchers, of all the Cu&s;tome hou&s;es in <HI>England,</HI> that they have made true Entries in their Bookes without concealment, or leaving oat any parcell of wares, or merchandi|zes, to the Kings hinderance or prejudice.</P>
<P>He taketh before the Court commonly begin to &s;it, or when it hath little to do, or my Lord cheife Baron is ab&s;ent, the op|po&s;als of the Shiriffs, of their &s;ummons that come in, and are &s;worne to account as before, which is nothing el&s;e but oppo&s;ing of every Sheriff, what he will &s;ay to every &s;ummons, which is written to him out of the Pipe, who upon the &s;ayd oppo&s;alls an|&s;wereth unto &s;uch &s;ums as hee will pay and charge him&s;elfe with, confe&s;&s;ing &s;o much due or received. And to the other &s;umms he will an&s;wer, <HI>O. Ni.</HI> as confe&s;&s;ing, <HI>On<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">|retur ni&s;t exoneretur,</HI> and &s;o the &s;aid Ba|ron goeth on in this manner, que&s;tioning and asking of every Sheriff, what hee &s;aith to every &s;um in his &s;ummons, untill he hath gone through every one of them.</P>
<P>Hee informeth the Bench and the Kings learned Councill from time to time, both
<PB N="36" REF="21">
in Court and out of Court, what the cour&s;e of Exchequer is, and &s;tayeth the re&s;t of the Barons, and the Kings learned Councill, from ordering any thing they go about contrary to the &s;ayd cour&s;e, for the pre&s;er|vation of the &s;ame, and to &s;ave the Kings Prerogative and benefit, which the cour&s;e of the Court mo&s;t commonly maintaineth and re&s;pecteth.</P>
<P>Hee taketh the declaration of the ingro&s;|&s;ed accounts of the Receivors of the late augmentation of the Revenue of the coun|ties of <HI>Yorke,</HI></P>
<P>Receivers of <HI>Oxon</HI> and <HI>Berks,</HI></P>
<P>Receivers of <HI>Buckingham</HI> and <HI>Bed|ford.</HI></P>
<P>Hee likewi&s;e (as the two other Barons) examineth the Letters, and ca&s;teth up the &s;ums of &s;uch Sheriffs forraigne Accounts. Collectors accounts, of Sub&s;idies and Fif|teens, as are brought unto him by any of the auditors of the Court, and cau&s;eth his name, and the auditors name that in|gro&s;&s;eth it, to be &s;et with additions of the auditors, and <HI>Clericus</HI> as afore&s;ayd.</P>
<P>He taketh the Bayles of all Sheriffs, Bay|liffs of Liberties, and E&s;cheators that keep
<PB N="37" REF="21">
not their dayes of prefixions, but come in|to the Court by attachments, which is no|thing el&s;e but with &s;ureties to be &s;worne to account, and then a&s;&s;e&s;&s;eth the Fines of all &s;uch Bayliffes. <HI>Pro libertate reprehen|denda,</HI> and of all &s;uch E&s;cheators for their contempts which be very &s;mall, and never above five &s;hillings, but rather under, as twelve pence, two &s;hillings, and three &s;hil|lings 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 &s;worne to his account.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>The two Chamberlaines</HEAD>
<P>HAve their place next in Court to the foure Barons, and may &s;it and keepe their places dayly in Court if they like to attend and hearken to the cau&s;es of the Court, without any intermedling therein. But at the election of the Sheriffs yearely, <HI>(In Cr. Animarum)</HI> they are ordinarily to be there, and keepe &s;till their place, and may &s;ay their opinions for preferment or
<PB N="38" REF="22">
&s;tay of men to be Sheriffs, as the Barons and Ju&s;tices do, but other dealings in the Court of Exchequer at this day, I know not that they have.</P>
<P>They have in old time had great autho|rity in the Receit (as I have heard &s;ay) and have kept certaine keyes of the Trea&s;ury Coffers, and were ever privy to the Pells of Receit, and to the Pells of <HI>Exitus,</HI> of the which each of them kept a controller, as at this day they do of the pell of receits, and no mony i&s;&s;ued out of the Receit with|out their privity, as is manife&s;tly proved, becau&s;e at this day every privy &s;eal for the payment of any mony out of the Receit is directed <HI>The &s;aurarijs &amp; Camerarijs.</HI></P>
<P>They have the charge of the Trea&s;ury with the Lord Trea&s;urer, and keepe the keyes thereof, where all the ancient leagues betweene the Kings Progenitors, and o|ther Princes and States, either do or &s;hould lye, and where the booke of <HI>Doom&s;|day</HI> and the ancient Records and Pleas, <HI>De Ju&s;ticiarijs itinerant.</HI> and <HI>De fore&s;t is,</HI> and of diver&s;e other matters do remaine; into which Trea&s;ury, neither they nor their De|puties can come with their keyes, untill the
<PB N="39" REF="22">
auditors of the Receit come with the Lord Trea&s;urers key to the &s;ame that remaineth in his keeping to my Lords u&s;e.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>The Kings Attorney</HEAD>
<P>IS the &s;peciall Officer of the Court that is made privy to all manner of pleas that be not ordinary and of cour&s;e, that ri&s;e upon the proce&s;&s;e of the Court, and to the Re|plications and Rejoynders growing upon the &s;ame on any of the Remembrancers &s;ides.</P>
<P>He putteth into the Court of his owne name for the King, all informations of concealments of Cu&s;tomes, Sub&s;ides, Sei|&s;ures, Receits, and of Intru&s;ions, Wars, Spoiles, Incroachments, and Anoyances, done upon any of his Maje&s;ties Lands, Te|nements, Woods, Rents, Rights, and He|reditaments, and upon any popular Acti|ons, penall Statutes, Forfeitures, or breach of Covenants.</P>
</DIV2>
<DIV2 TYPE="section">
<PB N="40" REF="23">
<HEAD>The Kings Remembrancer.</HEAD>
<P>THE Kings Remembrancer of the Ex|chequer, who at certaine dayes pre|fixed in the Terme, calleth to account in o|pen Court by his booke yearly made, and commonly called <HI>Statutus magnorum com|putantium, &amp;c.</HI> all the great accountants, as the Cofferer, the Ma&s;ter of the Ward|robe, the Ma&s;ter of the Hor&s;es, the Keeper of the Scudry, the Ma&s;ter of the Revells, the Clarke of the Hamper, the Butler of <HI>England,</HI> the Trea&s;urer of the Mynt, the Lieftenant of the Tower, the Con&s;table of the Tower, the Lieftnant of the Ord|nance, the Receiver of the Ships, the Vi|ctualler of the Ships, the Ma&s;ter of the worke, and &s;uch like; and by the &s;ame booke, &s;hould call the Vulgars to account, that are now reduced to a fee farme certain by my Lord Trea&s;urers Bill made therefore to them for one and twenty years or more, and &s;o they an&s;wer yearly their fee farm in the Pipe.</P>
<P>And by the &s;ame booke he calleth (as
<PB N="41" REF="23">
before) at dayes prefixed, all &s;earchers, <HI>Ad re&s;pondendum Domino Regi medieta|tem omnium foris fact urarum in Officio &s;uo contingent.</HI> &amp;c. And all collectors of Cu|&s;tomes, and Sub&s;idies, <HI>Ad computandum,</HI> which book of States hath all the &s;ayd Offi|cers chri&s;ten names, and &s;urnames, 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 &s;ame.</P>
<P>He inrolleth, and after writeth out the &s;ame, according to the cour&s;e of the court, again&s;t all the &s;ayd accountants that come not in at their dayes prefixed, and account for their &s;ayd Office, except &s;uch as be not now accountants before the &s;ayd Ba|rons.</P>
<P>He calleth to account in open court by his like booke called the States of the col|lectors of Sub&s;idies and Fifteens, all man|ner of high collectors thereof granted by Act of parliament in every &s;hire, city, Burrough, Towne corporate, and place what&s;oever through <HI>England,</HI> as they are appointed and certified by the commi&s;&s;io|ners every where for the a&s;&s;e&s;&s;ing and le|vying
<PB N="42" REF="24">
of them, and according to their dayes of payment appointed them by the Statute.</P>
<P>He inrolleth and maketh out proce&s;&s;e a|gain&s;t &s;uch of the &s;ayd Collectors for their Bodies, Goods, and Tenements that come not in to account, and pay their mony ac|cording to the grants of the &s;ame.</P>
<P>He taketh Recognizances to the Princes u&s;e before the Barons in open Court, or out of Court before &s;ome one of them, of all &s;uch per&s;ons, for mo&s;t cau&s;es, with &s;u|reties and &s;eldome without &s;ureties, as by occa&s;ion of any of the premi&s;es, or from time to time for any debt day of Appea|rance, or other commandement of Court, are forced to be bound any manner of way.</P>
<P>He upon the breach and not keeping of the&s;e Recognizances, inrolleth proce&s;&s;e, and maketh out the &s;ame again&s;t all &s;uch per&s;ons as were bound therein, according to the cour&s;e of his Office.</P>
<P>He as the Returnes of the &s;ayd proce&s;&s;e by cour&s;e of the Court do offer occa&s;ion of &s;ome change of Writs in manner and forme by the Returns of Sheriffs, as <HI>Non
<PB N="43" REF="24">
&s;unt inventi, Nihil habent, mortui &s;unt, languidi &s;unt in Pri&s;ona,</HI> and &s;uch like without number, doth by and by on the back &s;ide of the Writ &s;o returned and in|dor&s;ed what is to be done, or leaveth it to the Clarke of his Office to do it, who&s;e charge it is to write the proce&s;s of the &s;hire where it runneth, that of cour&s;e can tell what to do, and all the &s;ayd proce&s;&s;es be &s;till current every Terme untill they that are bound, or their Executors, Admini|&s;trators, Heires, or Ter-Tenants come in and pay the mony, or take order therefore, or plead in di&s;charge of them.</P>
<P>He hereupon informeth the Lord Trea|&s;urer, and in his ab&s;ence, or by his order the Chancellor or Vice-Trea&s;urer of the Court, every Terme when he is comman|ded, of all manner of debts and arrerages of any the &s;ayd Accountants, or upon a|ny other per&s;on depending in his Office, by rea&s;on of any the &s;ayd Recognizances, or of Bonds taken, or delivered in his Of|fice by any other occa&s;ion, and due with them ro his Maje&s;ty.</P>
<P>Hee according to their Order &s;tayeth or &s;etteth forth proce&s;&s;es for the &s;ayd debts
<PB N="44" REF="25">
and arrerages, and admitteth any per&s;on vexed with proce&s;&s;e from time to time to plead in di&s;charge thereof, or of any part of the &s;ame, unto which plea the Kings Attorny is made privy, who referreth the &s;ame over to the Court, if hee thinke not good to confe&s;&s;e it.</P>
<P>Hee hath all manner of Informations up|on penall Statutes, Intru&s;ions, Counceal|ments and &s;uch like, put in and &s;ued in his Office only, with all matters, Recogni|zances and Bonds depending or proceeding upon the &s;ame.</P>
<P>He by calling on, and remembring the Court and the Kings Attorney of the &s;ame and other Pleas depending in his Office, doth drive them to be ended, either by the Attorney generalls confe&s;&s;ion, or Judge|ment of the Court, upon Jury, Demurrer, Privy &s;eale, or compo&s;ition, <HI>Pro mi&s;is Par|candis,</HI> being upon popular actions.</P>
<P>He only on his &s;ide maketh the Bill Roll of compo&s;itions, <HI>Promi&s;is Parcandis,</HI> up|on penall Lawes; and Statutes, and get|teth the Lord cheif Barons, the Kings At|torney, and the other Barons hands to them, and maketh up the Records of the &s;ame.</P>
<P><PB N="45" REF="25">
Hee taketh the &s;tallment of all debts by Recognizances after the ancient cour&s;e, and &s;ometimes now by Obligation, be|cau&s;e the parties (bound upon their pay|ments) would have out their Bonds again, which el&s;e be as Statutes of the Staple to the Prince by Act of Parliament, which &s;tallments &s;hould be forthwith &s;ent downe into the Pipe, that they might be &s;o mo|ved out there for time to time again&s;t the day that any payment &s;hal grow due, and &s;o is the ancient cour&s;e of the Court.</P>
<P>Hee only taketh Bonds and Recognizan|ces in the Court, and all to the Kings u&s;e, of all Sheriffs, Cu&s;tomers, Controllers, Re|ceivers, Bayliffs and of all other per&s;ons what&s;oever, that are bound in the Exche|quer, and doth all things proceeding upon the &s;ame.</P>
<P>He inrolleth all the &s;ayd Bonds and Re|cognizances in remembrance of the yeare, that are taken there or brought in, and delivered in Court for the Prince his better &s;afety, if the &s;ame &s;hould mi&s;carry by fire imbezeling, or otherwi&s;e.</P>
<P>Hee &s;ometimes by Warrant of the Lord Trea&s;urer and in his ab&s;ence the Chancel|cellor,
<PB N="46" REF="26">
the Vice-trea&s;urer, the Kings Attor|ney, and the Court, maketh out Commi&s;&s;i|ons in the Countrie to certaine Commi&s;&s;io|ners by <HI>Dedimus Pote&s;tatem</HI> to take Bonds to the Kings u&s;e when the partie is to be bound with Suretyes, and cannot conveni|ently come up, or bring his Sureties hither to be bound for him, of the Retorne where|of he maketh Record, and fileth the Com|mi&s;&s;ion, and the Certificate and the lands be&s;ides,</P>
<P>He by like writt changeth bonds and Re|cognizances of the fir&s;t parties that were bound and taketh others in other places, that the Lord Trea&s;urer the Chancellour and the Vice-trea&s;uror alloweth of.</P>
<P>He maketh all proce&s;&s;e, Commi&s;&s;ions, De|crees, orders, Awards, and Entries proceed|ing, or growing of anie matter, cau&s;e, plea, or originall depending, or to be &s;ued on his &s;ide, that the whole Cour&s;e of the matter may appear and remaine on Record in any place ever together.</P>
<P>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 &s;uch fines as be felt upon any per&s;on by
<PB N="47" REF="26">
the Lords there, and cau&s;eth the &s;ame fines to be &s;ent downe from his Record into the Pipe to <GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">e &s;umoned out there, to be writ|ten from thence by the Trea&s;urors Remem|brancer when they be put in his Book cal|led <HI>Cedula Pipe.</HI></P>
<P>He maketh up the Record of every Bi&s;|hops death, of his multure of his be&s;t hor&s;e, Ring, and cup of gold, and &s;ilver, &s;ei&s;ed to the Kings u&s;e, or of fine made thereof by e|very of their executors or the admini&s;tra|tors of their goods and Chattells.</P>
<P>He taketh the Proffers every <HI>Ea&s;ter,</HI> and <HI>Michaelmas</HI> Terme, in the Receipt before the Barons, of all the Sheriffs, Bayliff, and E&s;chearours and marketh the default of e|very of them that doth not appear there by his Attorney, a&s;well as the Trea&s;urors Re|membrancer doth.</P>
<P>He readeth in open Court the Oathes and the U&s;her giveth the Book at the Election of Sheriffs yearely every <HI>C. Animarum,</HI> in French, and offereth the Book to be ki&s;|&s;ed by them that cho&s;e them.</P>
<P>He readeth in open Court the Oathes and the U&s;her giveth them the Book to ki&s;|&s;e, that all the grand Officers of the Court
<PB N="48" REF="27">
of Exchequer doe take either before the Lord Chancellour for the time being, and the Barons, and likewi&s;e the Oathes that all the under Officers Mini&s;ters and &s;ervitors of the &s;aid Court, doe take before the Lord Trea&s;uror, the Chancellour the Vice-trea|&s;uror, and the Barons of the Court, or &s;ome of them.</P>
<P>He onely maketh the great Prerogative Writ of the Court, for all Officers, Mini&s;ters and Servitors of the Exchequer, and Receipt, and for their men that be &s;ued el&s;where in anie Court of Record or place to remove &s;uch plaint before the Barons &s;uch a day to &s;urcea&s;e the &s;uite.</P>
<P>He hath delivered into his office to keep, all manner of Judgements, Fines Recoveries, deeds, Relea&s;es, writings, Charters, and Evi|dences what&s;oever, that are brought into the Court by the Lord Trea&s;uror, the Kings Attorney, or any other per&s;on, either for the A&s;&s;urance of lands and Tenements to the Crown, or for the better Recoverie and en|joying lands, and tenement that ought to come or be in the Crowne.</P>
<P>He maketh by warrant of the Lord trea|&s;uror, the Chancellor, the Vice-trea&s;urer,
<PB N="49" REF="27">
the Kings attroney, and by the Award of the Barrons in open Court, all manner of proce&s;&s;e, writts, Injunctions, and conditi|ons what&s;oever, that be to be made on his &s;ide, be&s;ides the ordinary proce&s;&s;e and writte of every Terme, whereof he likewi&s;e maketh &s;tay, and <HI>Super&s;edeas,</HI> by War|rant and Award of the Barons as afore|&s;aid.</P>
<P>He entreth Judgment, according as the Lord cheife Baron and Barons of the Court Commandeth him, of all Pleas dependingon his &s;ide both for the king and the par|tie, though the Kings learned Councell would willinglie have the Judgment goe otherwi&s;e.</P>
<P>He entreth Judgement of his owne Autho|ritie by the Ancient Cour&s;e of the Court of Pleas of Cour&s;e, and whereof there are day|ly Pre&s;idents which were not able otherwi&s;e to be overcome if they &s;hould be read and followed openly in the Court.</P>
<P>He &s;endeth the red Book by one of his Clerkes with the fourth Baron mo&s;t Com|monly, and in his ab&s;ence, with the next Baron into the Kings Bench, and Common Pleas in the Terme time, to remove any
<PB N="50" REF="28">
matter &s;ued there again&s;t any Officer, Mi|ni&s;ter, Servitor, or any of their men, or any Accomptant there, that prayeth his privi|ledge in time of any of the &s;ame Court, up|on which &s;aid red Booke &s;hewed, and the parties &s;oe te&s;tified by the Baron to be of the Court as afore&s;aid, his Priviledge is ordina|rily allowed.</P>
<P>He receiveth into his Office all the Certi|ficates of the Sub&s;ides, Fifteens, &amp; Tenths, granted to the Prince by Parliament, and certifieth unto the Exchequer, whereupon he maketh his two Bookes called The States of Sub&s;idies, and the State of Fi&s;teens, in which is entred the Collectors names, and for what places, with the &s;umme totall of every Certificate, as they doe come in with their payments agreeable thereunto, &s;oe are they tro&s;&s;ed and entred cleere, that other|wi&s;e &s;tand open while the money is payed, and di&s;charged.</P>
<P>He &s;endeth every Hillary and Trinitie T<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">r<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">e, &s;everall parchment Bookes, to all the Cu&s;tomers, Controllers, Survaiors and Searchers of the Parts and Creekes through <HI>England,</HI> to make the fir&s;t and &s;econd halfe yeares Entries in the &s;ame of the Kinges
<PB N="51" REF="28">
Maje&s;ties Cu&s;tomes and Sub&s;ides, and the Cocketts thereof, according to certaine late orders in the late Queens time &s;ent unto them thereof. And likewi&s;e every <HI>Michel|mas</HI> and <HI>Ea&s;ter</HI> Terme he receiveth the &s;ame by the Oath again of the &s;aid Officers in open Court, or before &s;ome one of the Ba|rons out of the Court, that they have made all true Entries in the &s;ame, and as they ought to have done.</P>
<P>He receiveth, from &s;ome one of the three Barons, and of the Auditors of the Court Attending on them, all Sheriff, forraign accounts, Collectors accounts of Sub&s;idies and Fifteens, and the Cofferers accounts, which he taketh, &amp; the Accomptants name with his addition of account, and the &s;umme totall and the debts of the &s;ame, and &s;o putteth every of them ever by him&s;elfe, or one of the Clerks of his Office to the Trea&s;urors Remembrancers &s;ide to be en|tred there in like &s;ort; both which Remem|brancers &s;hould likewi&s;e receive all the great accounts taken now before the Audi|tors of the Pre&s;ts and the Receivours and Mini&s;ters accounts of the late Augmentati|on Revenue, taken before the Auditors of
<PB N="52" REF="29">
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 proce&s;&s;e upon the &s;ame, where any cau&s;e &s;hould &s;o fall out, and &s;o noe <HI>Su|per,</HI> or debt thereupon, by that meanes &s;hould be behind, and to be out of Proce&s;&s;e every Terme while they were di&s;|charged.</P>
<P>He &s;endeth commi&s;&s;ion of <HI>Ni&s;i prius</HI> by the kings Attorneys Warrant onely, upon tryall of any matters within his office at the A&s;&s;izes in the countrie <HI>Adtenorem Recordi</HI> under the Exchequer Seale with it, But at the <HI>Ni&s;i Prius</HI> in <HI>London,</HI> at Guildhall, he hath the very Record of his Office brought thither, and it is without commi&s;&s;ion, becau&s;e my Lord cheife Baron &s;itteth thereon, and the Kings Attorney and his Maje&s;ties learn|ed Councell either be, or appoint to be there for his Highne&s;&s;e.</P>
<P>Hee hath other &s;peciall Authorities, preheminences, and matters, appointed to his Office by the Articles of the uniting of the &s;aid Court of Augmentations to the Exchequer, which are referred thither for
<PB N="53" REF="29">
breifene&s;s and for more certaintie at large of the &s;ame.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>The Lord Trea&s;urors Remembrancer</HEAD>
<P>IS the &s;econd Remembrancer of the Ex|chequer and belike of old time was &s;o called, for that it was then in the Lord Trea&s;urors gift, or that he had &s;ome &s;pe|ciall &s;ervice appointed to him by the Lord Trea&s;uror to remember him of, or to be kept in Record.</P>
<P>He hath his Office cheifly e&s;tabli&s;hed up|on the execution of the originall, &s;ave for the great accounts, the Cu&s;tomers, control|lers and &s;earchers, that is yearly &s;treated to him out of the Chancerie, and is otherwi&s;e called <HI>Extractus Cancellarioe,</HI> being the yearely &s;treate <HI>Verbatim,</HI> as they pa&s;&s;ed un|der the great Seale of <HI>England,</HI> from time to time of all Sheriffs, and E&s;cheators Pat|tents, of all Cu&s;tomers, Controllers, and Searchers Patents, of all Receivers, Reeves, Beadles, Bayliffs, Collectors, and Stewards
<PB N="54" REF="30">
Pattents of all grants of lands, and Tene|ments for life, in &s;ee &s;imple, &s;ee taile gene|rall, or &s;peciall, of all denizon&s;hips, Crea|tions of Arch bi&s;hops, and Bi&s;hops, erecti|ons of any Abbies, Priories, Colledges, Chauntries, Ho&s;pitalls, Schooles, and Cor|porations, of all cu&s;todies of any Honers Ca&s;tles, Lord&s;hips, Mannors Chaces, For|re&s;ts. Parkes &s;peciall, and generall, after the Cour&s;e of the Chancerie, &amp; ou&s;te<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">lema|nes, of all Licen&s;es of Alinations going over &s;ea, tran&s;portations, Introductions, Re|taines, imparkings, and Inclo&s;ures, of all pardons, Alienations, intru&s;ions, tre&s;pa&s;&s;es, utlegaries, felonies, murders, mi&s;pri&s;ions, trea&s;ons, and forfeitures, of all re&s;titutions of blood, goods, and Chattells, lands and Tenements, of all lea&s;es for Terme of life, or for yeares, of all Fines gro&s;&s;e and &s;mall, of all Writts of re&s;titutions of Temporali|ties, of any Abbey, Priorie, Archbi&s;hopprick, wards and &s;eized lands and Tenements, of all <HI>Di<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">m Cl. Extremum, Mandamus, Meli|us inquirendum, et qu. plura.</HI></P>
<P>He out of the &s;aid Originall, maketh his Booke called the Roll of Pro&s;&s;ers, which is a record, and a part of the remembrance of
<PB N="55" REF="30">
every yeare of the comming of every Cro, <HI>Michalis,</HI> and Cro' <HI>Clau&s;. pa&s;ch.</HI> into the receipt of all Sheriffs, Bayliffs, Farmers, E&s;cheators, and men of certaine Townes within the realm, and of putting in a War|rant of their proffer made of the i&s;&s;ues of their Offices, at which if any of the Sheriffs made default by him&s;elfe or their Attor|neys, or pay not into the receipt there by Tallie <HI>infra men&s;<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">m</HI> following, they forfeit their recognizance, and the Bayliff, Far|mers, and E&s;cheators that come not then to appeare either by them&s;elves or their At|torneys, are amerced at halfe their proffer, And if they pay not their proffer <HI>infra men&s;em</HI> following, then doe they loo&s;e their proffer and pay it unto the receipt without having any Allowance of the &s;ame upon their account.</P>
<P><HI>He</HI> when the &s;aid proffers are done mak|eth Proclamation in the receit before they ari&s;e That all Sheriffs, Bayliffs of liberties, and E&s;cheators, do pay their proffers as they are accu&s;tomed <HI>infra men&s;em,</HI> and keepe their dayes of prefixion for their Accounts in the Exchequer according as by the Court
<PB N="56" REF="31">
they are appointed upon paine and perill that &s;hall fall thereof.</P>
<P>Hee thereupon by his booke called the &s;croule of accounts made out of the Rolls of profers, and out of any other part of the yearly remembrance, called <HI>Dies datus vi|cecom, et E&s;caet. ad Computand. po&s;t profra</HI> every <HI>Michelmas</HI> Terme, doth call all Sheriffs, Bayliffs, and E&s;cheators of the year la&s;t pa&s;t to account, &s;ome <HI>Cr. Sc. Michis,</HI> &s;ome <HI>tres &s;eptiman Sc. Micahis,</HI> &s;ome <HI>Men|&s;e Micahis;</HI> &s;ome <HI>Cr. Simon et Jude,</HI> &s;ome <HI>Cr. annimarum,</HI> &s;ome <HI>Cr. Martini,</HI> &s;ome <HI>Octabis Hillarii,</HI> &s;ome <HI>Cr. Hillarii</HI> &s;ome <HI>Quinden. Hillarii,</HI> &s;ome <HI>Cr. Purific.</HI> and &s;ome <HI>Quinden. Pa&s;.</HI> as every of the&s;e &s;eve|rall dayes of prefixion of ancient have been &s;et by the Court, and as they thought they &s;hould be able to overcome, and fini&s;h their Accounts.</P>
<P>He out of the Originall of the Chancery the Roll of proffers, <HI>Dies dat. Viceom. &amp; E&s;caet.</HI> the &s;croule of Accountants, and other Records, both preceding and following thereupon, doth make a yearely Booke called the Roll of Writs, that is a part al&s;o of the yearly Remembrance made
<PB N="57" REF="31">
in his Office, in which he enrolleth all <HI>Bria|returnabil. de Term. Hillar. Pa&s;cae &s;ectae Trinitatis, &amp; &s;ectae Michaelis,</HI> every year &s;ome from the Originall, &s;ome from all the parts of the yearely Remembrance that is made with him, &s;ome from the tran&s;cript of Offices, yearely &s;treated into his Office out of the Chancery, &s;ome from Offices found before the E&s;cheator, <HI>Virtute officij,</HI> and certified to him from the debts of the Pipe, put in his booke called <HI>Nomine E&s;ca|et. &amp; ceduta Pipae,</HI> and &s;ome from the &s;treat of Common Pleas, called the Fynes.</P>
<P>He out of the Originall from all Recei|vers, Bayliffs, Reeves, Collectors, and Beadles Patents of any the Kings Lands or Tenements, doth inroll and write, <HI>Venire facias ad computand.</HI> or <HI>di&s;tringas ad red|dend. compotum,</HI> from all grants of Honors, Ca&s;tles, Lord&s;hips, Mannors, Lands, and Tenements granted by the Prince to any for life, in fee &s;imple, fee taile generall or &s;peciall. he doth inroll and write <HI>Di&s;trin|gas ad faciend fidelitatem &amp; ad faciend. ho|mag. &amp; fidelitatem,</HI> or a Writ of Rever&s;i|on when the taile is &s;pent, and otherwi&s;e as the ca&s;e requireth, from all Denizen|&s;hips
<PB N="58" REF="32">
he maketh a <HI>Di&s;tring as ad faciend ho|mag.</HI> from all cu&s;todies of Lands and Te|nements, or Farmes, hee doth inroll and write, <HI>Di&s;tringas ad faciend, fidelitatem,</HI> or <HI>homag. &amp; fidelitatem,</HI> or <HI>ad re&s;pondend. de velevijs,</HI> from all pardons of Outlawries, Attainders, Felonies, Murders, Trea&s;ons, Mi&s;pri&s;ions of Trea&s;ons.</P>
<P>He doth inroll and write <HI>Di&s;tringas ad re&s;pondend. de omnieo quod ad Regem perti|net, &amp;c. velcertiorari quae bona &amp; catalla A. B. habuit, &amp;c.</HI> From all licences of a|lienations, hee doth inroll and write, <HI>Di|&s;tringas ad faciend. fidelitatem,</HI> or <HI>ad audi|end &amp; terminand.</HI></P>
<P>He doth inroll and write Writs of Re|&s;titution of any Temporalties.</P>
<P>He doth inroll and write, <HI>Di&s;tringas ad reddend. comp. de exitibus temporal. &amp;c.</HI> and <HI>Cercioraries,</HI> &s;ometimes, <HI>Quis rece|pit exitus et profit. temporal.</HI> &amp;c.</P>
<P>He from the &s;ayd Roll of proffers, doth inroll and write again&s;t &s;uch as pay not their profers, <HI>Infra men&s;em.</HI> &amp;c. <HI>capias pro contemptu,</HI> with a <HI>Fierifacias pro proffe|ra.</HI></P>
<P><HI>Hee</HI> from the &s;ayd &s;croule of Accounts
<PB N="59" REF="32">
grounded upon <HI>Dies datus</HI> afore&s;ayd, eve|ry <HI>Michaelmas</HI> Terme again&s;t Sheriffs that make default at their days of prefixion, doth make a Record of five pounds for e|very day of payment, after hee makes de|fault while four dayes next be pa&s;t, which is &s;et down in the Pipe to be charged upon them, or is levied upon a <HI>Fierifacias</HI> ex|cept the Princes Letter come afore&s;ayd for the di&s;charge of &s;uch Amerciament, and then he doth inroll and write out an attach|ment for his Body, Goods, Chattells, Lands Tenements, while he cometh into account, and putteth in Bayle to end and fini&s;h the &s;ame, and again&s;t all Bayliffs of Liberties that make like default, hee enrolleth and writeth out like Attachment as hee did be|fore again&s;t the Sheriffs.</P>
<P><HI>Hee</HI> from Commi&s;&s;ions that is a part of the yearly Remembrance layd in his Office, and made by Warrant or commandement of the Court, or upon &s;ome other depen|dency of Record, <HI>Ad inquirend. Ad faci|end. Ad Exequend. Ad perinplend. Ad re|cipiend.</HI> or <HI>Ad certificand.</HI> doth enroll pro|ce&s;&s;e and Writs out of the &s;ame again&s;t the Commi&s;&s;ioners thereof, <HI>Ad liberand. In|qui&s;itiones,
<PB N="60" REF="33">
ad certificand. ad comput and</HI> or <HI>alia faciend.</HI> as the matter offereth.</P>
<P>He upon the <HI>Communia,</HI> that is the &s;eve|rall Records of all the pleas put in every Terme within his Office, and another part of the &s;ayd yearly Remembrance, doth in|roll proce&s;&s;e, and doth write the &s;ame a|gain&s;t the partyes whom they concerne, <HI>Adfaciend. &s;idelitatem homag. &amp; &s;idelitatem magn. Serjantians, et parvam Serjantians, et ad re&s;pondend.</HI> &amp;c. as the &s;everall Sta|tutes and judgements of the &s;ame doth re|quire.</P>
<P>He even &s;o doth inroll proce&s;&s;e and writ out of the &s;ame from all other parts and ti|tles of their Remembrance, and from all other Records ri&s;ing in his Office, are brought into the &s;ame of &s;uch kind, and ma|ture, as the matter in them by the cour&s;e in the Court doth require.</P>
<P>He upon all the&s;e proce&s;&s;es that do thus i&s;&s;ue out of his Office, doth admit every man to plead in di&s;charge of any of them that hath cau&s;e, and matter, and by the cour&s;e of the Court is bound thereunto, but no fir&s;t Patent of Lands or Tenements, or he that &s;ueth a licen&s;e of alienation, or
<PB N="61" REF="33">
a pardon of Alienation, or Livery &s;peci|all or generall, or an <HI>Ou&s;terlemaine,</HI> or after the cour&s;e of the Chancery, that is &s;treated as afore in the yearely originall is compelled or &s;uffered to plead upon any &s;uch fir&s;t proce&s;&s;e inrolled upon the &s;ame, and written out by every of them are ad|mitted to do their fealty, or to pay their fine for a re&s;pit of homage, at any Terme they come in after the &s;ame &s;ent forth, and &s;o keeping &s;till the payment of the &s;ame Fine every fifth Terme, they have pro|ce&s;&s;e made out again&s;t the &s;ame Land their fine is made for, but their fifth terme homage written to put them in Remem|brance of the payment of their fine, while either they be returned dead, or <HI>Nihil ha|bet</HI> in the &s;ame Land.</P>
<P>He upon all &s;uch Returns of <HI>Mortuus,</HI> or <HI>Nihil habet</HI> from the Originall, or of like &s;ervice of Writs from pleas, or any other Record in his Office, doth &s;trait write out the next Term after &s;uch Return, a <HI>Dic. te|nents</HI> of the &s;ame Land, the Tenant is re|turned <HI>Mortuns e&s;t,</HI> or <HI>Nihil habet,</HI> &amp;c. for the an&s;wering of the which the party that is returned the now tenant of the &s;aid
<PB N="62" REF="34">
land, mu&s;t &s;hew he hath therefore a licence of Alienation, or a pardon of Alienation, or a livery generall, or &s;peciall, or an <HI>Ou|&s;terlemaine,</HI> or after the cour&s;e of the Chancery by which he entred, and he mu&s;t plead either the &s;ame or &s;ome generall par|don that will &s;erve for his di&s;charge, or o|therwi&s;e, with the <HI>Nec non ad o&s;tendend.</HI> goeth current &s;till every Terme, while hee come in and plead as afore&s;ayd.</P>
<P>He admitteth any &s;uch per&s;on that hath any &s;uch Land whereof the Tenant is retur|ned <HI>Mortuns e&s;t,</HI> or <HI>Nihil habet</HI> before the <HI>Dic. Tenement.</HI> goeth forth thereof, with a <HI>Nec non ad o&s;tendend.</HI> upon the &s;ayd re|turn to come into his Office, and inroll there his licence or pardon of Alienation of the &s;ame Land, and to &s;hew his convey|ance thereof, and likewi&s;e to enroll his Li|very &s;peciall &amp; generall, the <HI>Ou&s;terlemain,</HI> or after the cour&s;e of the Chancery, and up|on the &s;ame enrollment, and &s;hew he doth admit &s;uch per&s;on to do his fealty, and to pay his Fine upon a Writ made from the &s;ayd enrollment, and &s;hew of his eviden|ces to agree therewith, without any man|ner of pleading, becau&s;e all &s;uch Writs be
<PB N="63" REF="34">
like the fir&s;t writts inrolled from the origi|nall, and written out as afore&s;aid again&s;t the fir&s;t tennant onely of the land by good matter of Record.</P>
<P><HI>He</HI> upon all pleas put into his Office where the Kings Attorney may make an Averrment contrary to the plea of the par|tie, and where the partie pleadeth anie for|raigne matter then is of record in that Court, and allowed of, or would di&s;charge any Claim, title, or Intere&s;t of the King by the &s;ame plea, &s;ave in the &s;aid ordinarie Writts for fealtie and <HI>Homage</HI> &s;ealtie, and &s;uch like, doth by him&s;elfe or &s;ome Clerk of his, make the Kings Attorney ever privy to all &s;uch pleas, their replicati|ons, and rejoynders, who doth re&s;pect them and con&s;ider them, and at length either doth confe&s;&s;e them, or referreth them, or giveth his Warrant out under his hand to have them tryed in the Countrie at the A&s;&s;izes of <HI>Ni&s;i prius.</HI></P>
<P><HI>He</HI> according to the Ancient order of the Court, upon all other ordinarie Pleas exa|mined by him with one of the Clerks of his office concerning Writts of &s;ervice, and &s;uch like, doth enter Judgment alone with|out
<PB N="64" REF="35">
making the kings Attorney or the Court privie thereto, which ever in this wi&s;e were di&s;patched as agreeable to the Pre&s;i|dent of the Court.</P>
<P><HI>He</HI> either upon the fir&s;t writ from the originall. or upon the writts written from the &s;aid Pleas, or upon di&s;tre&s;&s;es from the Streat of the fines of the Commi&s;&s;ion pleas, or from writts upon &s;uch like records in his office, doth &s;et over per&s;ons fines for re&s;pit of <HI>Homage</HI> payable every fifth Terme according to a rate given him by the Court at his fir&s;t comeing into his office where|of a record was then made, and is as fol|loweth.</P>
<LIST>
<ITEM><LIST>
<HEAD>the Fines for re&s;pit of Ho|mage, every fift Terme of lands and Tenements.</HEAD>
<ITEM><HI>s</HI></ITEM>
<ITEM>Three pounds <HI>per Annum</HI> downwards 0 4</ITEM>
<ITEM>Five pounds <HI>per Annum,</HI> downwards 0 8</ITEM>
<ITEM>Sixe pounds thirteene &s;hillings four pence <HI>per an|num</HI> downwards 1 0</ITEM>
<ITEM>Ten pounds <HI>per annum</HI> downwards 1 8</ITEM>
<ITEM>Eighteene pounds <HI>per an|num</HI>
<PB N="65" REF="35">
downwards 2 0</ITEM>
<ITEM>Twenty pounds <HI>per annum</HI> downwards 3 4</ITEM>
<ITEM>Thirty pounds <HI>per annum</HI> downwards 5 0</ITEM>
<ITEM>Forty pounds <HI>per annum,</HI> downwards 6 8</ITEM>
<ITEM>Sixty pounds <HI>per annum</HI> downwards 10 0</ITEM>
</LIST></ITEM>
</LIST>
<P>And noe &s;uch fines are &s;et higher but upon Noblemen which according to the greatne&s;s, or meane&s;&s;e of their lands, are &s;et &s;ome at thirteen &s;hillings fourpence &s;ome at twentie &s;hillings &s;ome twentie&s;ix &s;hil|lings eight pence &s;ome at thirtie &s;hillings and &s;ome at forte &s;hillings, to be payed every fifth Terme, and none above, nor &s;o high but for Dukes.</P>
<P>He hath &s;et downe in his Book called <HI>nomina Vic.</HI> by the Clerk of the Pipe every yeare, the debts of all Sheriffs, Bay|liffs of liberties, and men of certain Towns that are found, and ca&s;t upon their accounts entred in the Pipe, and in another of his Bookes called <HI>Nomina Ecaetor,</HI> he hath every yeare the like debts of E&s;cheators &s;et
<PB N="66" REF="36">
downe by the &s;ame Clerk of the Pipe; for all the which, he maketh Attachment and other ordinarie proce&s;&s;e of the Court for the levying of the &s;ame, as the ca&s;e doth re|quire.</P>
<P>He hath in a third Book in his Office called <HI>Schedula Pipe,</HI> All debts &s;et downe by the Clark of the Pipe, of &s;uch per&s;ons as up|on the oppo&s;alls of the Sherift of their &s;ummons, be &s;aid by them to be dead, to the end he &s;hould make a <HI>Diem clau&s;it Ex|tremum,</HI> after the death of &s;uch debtors to the Sherift, which is the award of the Court, and of purpo&s;e to enquire what day and yeare they died, and what goods and Chat|tells, and of what value they had at the day of their death, and to who&s;e hands the &s;ame came, and now be, and to &s;eize the &s;ame in who&s;e hands &s;oever they be, and to leavy the &s;ame debt, and have them before the Barons &s;uch a day.</P>
<P>And if their goods and Chattells be not &s;ufficient to pay the &s;aid debt then to en|quire what lands and Tenements, and to what yearely value they had at the day of their deaths, or when they became debtors, or ever &s;ince, and to who&s;e hands and po&s;|&s;e&s;&s;ion
<PB N="67" REF="36">
the &s;ame came after their decea&s;e and in who&s;e hands they now be, and the &s;ame to &s;eize in who&s;e hands &s;oever they be and keepe &s;afe, and to An&s;were the i&s;&s;ues and profits thereof untill the &s;aid debt be fully &s;atisfied and payed, or that he other|wi&s;e is Commanded, and to di&s;traine all the Executors of the Te&s;tament of the &s;aid debtors, as Admini&s;trators of the goods and Chattells that were his, and al&s;o the heires, and Ter Tenants of the &s;ame debtors, if they have not Executors to An&s;were the &s;ame debt, and all to the intent the &s;ame might this way be payed that could not by the &s;ummons of the Pipe be &s;o levied. And likewi&s;e he hath put in his &s;aid Booke of <HI>Schedula Pipe,</HI> by the Clerk of the Pipe, other great and &s;peciall debts that the Court will have &s;pedeier and &s;harper proce&s;&s; made for them by the &s;aid &s;ummons, to the intent the Debtors &s;hould be either quick|ly Attached and brought into the Court, or the money payed and An&s;wered to the Sheriffs, or into the Reccit, as &s;hould be&s;t fall out for the ea&s;e and di&s;patch of the debtors.</P>
<P>He taketh into his Office, all Streats of
<PB N="68" REF="37">
Fines, i&s;&s;ues, and Amerciaments, &s;ent into the Court from the Kings Bench, the com|mon pleas, the Ju&s;tices of A&s;&s;ize, and all Ju&s;tices of the Peace, through <HI>England,</HI> which are by him delivered over by the Rolls of &s;treats into his Office to the Clark of the Streats to write out, who &s;ets his hand thereto for the Receipt of the &s;ame.</P>
<P>He taketh on his &s;ide al&s;o (as the Kings Remembrancer doth afore) all Sheriffs for raigne accounts, Bayliffs accounts, E&s;|cheators accounts, Cu&s;tomers accounts, Collectors accounts, of Sub&s;idies and fif|teens, and the Cofferers accounts (as before is declared) in the point among&s;t the matters of the Kings Remembrancers &s;ide.</P>
<P>He ruleth the ordinary petitions that a|ny of the &s;ayd Accountants do make or pray upon their &s;ayd accounts to be allow|ed them without the privity of the Court, being matter of Record and Pre&s;ident in Court for the di&s;charge of the &s;ame, and o|ther their new and fir&s;t petitions, are al|lowed from time to time by the Judgement of the Court, and &s;o he ruleth them under his hand accordingly, and there entred ei|ther
<PB N="69" REF="37">
in the <HI>Venos</HI> or the po&s;t&s;cript of the yeares, wherein they &s;hould lye, that be part of the Remembrance for that year.</P>
<P>Hee by the Lord Trea&s;urers Warrant, the Chancellors Warrant, the Vice-Trea|&s;urers Warrant, the Lord chiefe Barons Warrant, the Kings Attorneyes Warrant, out of the Court, and in the Court by the Order of the Barons, doth make all manner of proce&s;&s;e, Writs, Commi&s;&s;ions, and In|junctions for matters on his &s;ide, and ma|keth &s;tayes, and <HI>Super&s;ede as</HI> of them, as he is by them willed and commanded.</P>
<P>He writeth once a year the i&s;&s;ues of his Office returned by the Sheriff every Term, and la&s;t upon all manner of di&s;tre&s;&s;es in the &s;ame, which being bound up and exami|ned by the Clerks of his Office, are deli|vered over by the Roll of E&s;treates to the Clerke of &s;treats to write out, who &s;etteth his hand to the &s;ayd Roll for recei|ving of the &s;ame.</P>
<P>Hee layeth every Lent yearly a Remem|brance of the 5 year before, &amp; dothregi&s;ter &amp; make up cleere all the Records of the &s;ame, or di&s;continueth them that cannot be made perfect, and inrolleth proce&s;&s;e a|new
<PB N="70" REF="38">
of tho&s;e matters, and &s;o receiveth the &s;ame by new writing them out againe. In which time al&s;o of Lent, he entreth al&s;o eve|ry Writ in that Roll of Writs of that yeares Remembrance that is Law, and all the Ho|mage Writs of the &s;ame, and likewi&s;e all the fylances of his Office of every Terme &s;ince that Remembrance, then he doth lay to &s;ee if they all be &s;till currant in cour&s;e and every Term as they ought to be, and &s;uch as are found wanting by falling off, or otherwi&s;e, are then new enrolled in the Roll of Writs, of that year, and &s;o are re|ceived and &s;et current anew, that the lea&s;t Writ of his Office, whereby the King is to have any right or profit is not &s;uffered to be lo&s;t, nor yet left to be uncurrent.</P>
<P>He hath other &s;peciall Anthorityes, A&s;|&s;ignments, and matters appointed to his Office by the Articles of the uniting of the late Court of augmentations to the Exche|quer, which are referred thither for breif|ne&s;&s;e, and for more certainty at large of the &s;ame.</P>
</DIV2>
<DIV2 TYPE="section">
<PB N="71" REF="38">
<HEAD>Sheriffs Accounts.</HEAD>
<P>HE, if the Sheriffs do account by im|provement, and have no tally of Re|ward after the Secondary hath ca&s;t up eve|ry Sheriffs fir&s;t &s;umm, doth examine it; and &s;eeth that the &s;ame be made only of Sheriffs vicommells, upon which hee giveth him allowance, fir&s;t of his profers payed by tally, and then of all &s;uch allow|ances, as are given him by Act of Parlia|ment. Then after his &s;aid Secondary hath made up the Sheriffs &s;econd &s;umm upon his <HI>De debitis plurimum,</HI> which be his <HI>Tots</HI> and upon his <HI>De pluribus debit is</HI> charge which be his greene Wax, and his whole as before, or &s;o many of them as he is charged with, hee cau&s;eth the Sheriffs forraigne accounts to be ca&s;t up, and char|geth fir&s;t to the &s;ame &s;econd &s;umm, the old &s;eizures thereof, which be Lands and Tene|ments &s;eized before by his predece&s;&s;ors, upon the proce&s;&s;e of the Court, and then chargeth the Sheriffs own &s;eizures to the &s;ame, which be of lands &amp; Tenements &s;eiz|ed
<PB N="72" REF="39">
in his own time by Proce&s;s of the Court, &amp; &s;o addeth to the&s;e &s;uch Fellons goods as he hath &s;eized him&s;elfe, After which things done, he giveth him allowance of all his payments, deductions, annuall Charges, and &s;oe bringeth the <HI>Quietus e&s;t:</HI> And if the Sheriff do not account by Improvement but hath a Tally of reward, then the &s;aid Secundary doth make up but one &s;umme to &s;uch Sheriff of his whole Charge afore|&s;aid.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>E&s;cheators Account</HEAD>
<P>HE conveyeth yearly into the great Roll breifly, the E&s;cheators accounts of e|very Sheire into the pipe of the &s;ame Shire where he is E&s;cheator, he entreth the &s;ame and maketh his allowance both of his prof|fers and of all his petitions he maketh in the Trea&s;urors Remembrancers office, in di&s;charge of his debt, and &s;oe is the E&s;|cheator brought downe al&s;o to <HI>Quietus e&s;t.</HI></P>
</DIV2>
<DIV2 TYPE="section">
<PB N="73" REF="39">
<HEAD>Roll of Accounts</HEAD>
<P>HE doth every Lent make up a great Roll of all the &s;aid accounts, as the Kings and Trea&s;urors Remembrancers doe lay every lent a Remembrance in either of their Offices, and &s;uch debts and Remains as be not, or cannot be made quit and cleare in the &s;aid great Roll made up every Lent, are Conveyed into the Pipe of the great Roll that &s;hould be made up for the year following.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>Customers Accounts</HEAD>
<P>HE hath for all the Cu&s;tomers accounts yearly a Book called the Cu&s;tomers Roll into which every Cu&s;tomers Charge and Allowance is Conveyed yearely and the debts and the remaines in them are from thence conveyed over from time to time in the great Roll, and are &s;ummo|ned out, or Written for the proce&s;&s;e from <HI>Schedula Pipa,</HI> where they are en|tred
<PB N="74" REF="40">
al&s;o to be the ground of the Trea&s;u|rors Remembrancer to make the proce&s;&s;e by.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>Rolls of Sub&s;idies and Fifteenes</HEAD>
<P>HE hath even &s;o &s;peciall Rolls for all &s;uch Sub&s;idies and Fifteenes granted to the Prince by act of Parliament, called the Sub&s;idie Roll of the Clergie, and the Sub|&s;idie Roll of the Laity, and the Roll of Fifteens of &s;uch a king, or of two or three Kings together as it falleth out, or may be continued, Into which he entreth the &s;eve|rall accounts of the &s;everall Collectors, and of &s;uch debts as remaine unpayed upon anie of them, are conveied likewi&s;e into the great Roll, mo&s;t meete for the &s;ame to be Charged in, and &s;o are &s;ummoned out al&s;o, or written for by proce&s;&s;e from <HI>Schedula Pipe,</HI> by the Trea&s;urors Remembrancer as afore&s;aid.</P>
</DIV2>
<DIV2 TYPE="section">
<PB N="75" REF="40">
<HEAD>Rolls of the Wardrobe and Coffers</HEAD>
<P>HE hath likewi&s;e a &s;peciall Roll for the Wardrobe and Coffers accounts to|gether called <HI>Magna Guardrobe Roll,</HI> and the cofferers Roll, into which their accounts are ingro&s;&s;ed, and the debts in the &s;ame are Conveied over as afore into the great Roll, &s;ave that the Cofferers yearly Remaine &s;tandeth &s;till into his next years accounts do pa&s;&s;e to be examined and Charged, and &s;o is &s;till on from yeare to yeare.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>Rotulus examinatus</HEAD>
<P>HE is an Officer that maketh a yearly ac|count in his Office of all the Ancient Revenues in the Exchequer that was there before the uniting of the late Court of aug|mentations and the fir&s;t fruit and Tenthes to the &s;ame.</P>
<P><PB N="76" REF="41">
He putteth in Charge yearly into his Book called the great Roll, all Sheriffs ac|counts E&s;cheators accounts, Bayliffs ac|counts, and men of certaine Townes ac|counts that are called to account by the Trea&s;urors Remembrancer.</P>
<P>He maketh therein the Charge of the &s;aid accounts for the Counties, Cities, and Townes of the Realme, as they be and lie in the order of letters by the Alphabet, end &s;o the fir&s;t Pipe thereof beginneth with the Charge of the Sheriffs of <HI>Bedford,</HI> and <HI>Buckingham,</HI> and Townes as it falleth out by order of the let|ter.</P>
<P>He maketh the fir&s;t Charge of every Sheriffe to be his vicommells, which be un|der the &s;econd titles <HI>Po&s;t tras dat. et Pro|fic: comitat:</HI> as they call them. The fir&s;t whereof &s;eemeth to be lands and Tenements in the Conquerors hands after he had given away a&s;much as plea&s;ed him at his Entrie. The &s;econd &s;eemes to be tho&s;e lands, tene|ments, Rents, &s;ervices, and profitts which came to the Crowne afterwards by Attain|ders, Forfeitures, and &s;eizures, mo&s;t of which where they be are not known to the Sheriffs
<PB N="77" REF="41">
of the Realme, but yet many of them are gathered up in rents by their Bayliffs, as knowne to them by tradition and &s;ucce&s;&s;ion and &s;o are either payed or made up by them to &s;o much as he is charged with yearly in the Pipe.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>Farme Rents and &s;ervices.</HEAD>
<P>HE after this, doth Charge him with the Fee farme Rents and &s;ervices of the &s;hire, but are re&s;erved there, and drawne downe into the great Roll out of the yearly originall of the Chancerie &s;treated as afore into the Trea&s;urors <HI>Remembrancers</HI> office, which Clerk of the Pipes Secondarie is bound from time to time, and from <HI>Roll</HI> to <HI>Roll</HI> to peru&s;e, and finding in the &s;ame any yearly <HI>Revenue, Re&s;ervation,</HI> profit, <HI>Remainder</HI> or <HI>Revertions</HI> re&s;erved to the Crowne, he draweth them downe into the great <HI>Roll,</HI> and maketh Charge thereof in the Shire where they be, &s;o as ever after where they be payable, they be yearly &s;um|moned
<PB N="78" REF="42">
out before by the Controller of the Pipe to the Sheriff of that Countie. And all the &s;aid <HI>Remaines</HI> and <HI>Rever&s;ions,</HI> are conveyed into the <HI>Roll</HI> of the <HI>Rever&s;ions,</HI> that is another Book in the Pipe, and made from time to time, that when any of them do revert a gain into the Crowne, are to be put into <HI>Schedula Pi.</HI> that is mentioned, before the Trea&s;urors <HI>Remembrancer</HI> make out the Writ of <HI>Rever&s;ion</HI> to enquire thereof; and to &s;eize the &s;ame.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>Oblata or old Debts</HEAD>
<P>HE maketh <HI>oblata</HI> the next title of the Charge of the Sheriff, with the old debts brought as it were together from precedent yeares, and be written from other <HI>Rolls</HI> to the Sheriffs of that yeare, and after that title, he &s;etteth to his Charge <HI>Nova oblata,</HI> which be as it were new debts brought together, and drawne downe from Cu&s;tomers accounts, or E&s;cheators accounts, or recovered and &s;et downe from &s;ome one of the <HI>Remem|brancers</HI>
<PB N="79" REF="42">
&s;ides, or other <HI>Records</HI> or grounds of the Court, and have their names belike of <HI>Oblata</HI> upon the &s;ame that are &s;o brought together.</P>
<P>He after the forraine Oppo&s;er hath made up the &s;croule, and &s;umme of the greene wax of every Sheriff in the &s;everall titles the &s;ame doth ari&s;e, and it is delivered into the Pipe, doth make up the next Charge of the Sheriff <HI>Viridi Cera,</HI> which ri&s;eth out of the &s;treats of the Fines, i&s;&s;ues, and Amer|ciaments that came from the Kings Bench, the Common pleas, the Ju&s;tice of the Peace, the King, or Trea&s;urors Remembrancers &s;ide.</P>
<P>He &s;traight after this, doth Charge every Sheriff with his Ca&s;ualties, which are all manner of Debts of Ca&s;ualties, and Releifes, Fines, Amerciaments upon the Sheriffs, debts recovered and &s;uch like as are drawne downe either from anie Record of anie of the Remembrancers of the E&s;chequer, or from anie other ground, matter or &s;eizure of the Court, and be &s;o brought toge|ther.</P>
<P>And the Sheriff An&s;wereth as he hath Cau&s;e to every &s;umme, <HI>viz.</HI> &s;uch a &s;umme
<PB N="80" REF="43">
within liberties, and &s;heweth who&s;e they be Then the forraine Oppo&s;er &s;etteth again&s;t that &s;umme, the name of the Owner of the liberties, and if he have the &s;ame in Claime by Ancient Pre&s;ident either knowne or cer|tified to the &s;orraine Oppo&s;or out of the Pipe, he giveth the Bayliffs of the liberties allowance thereof, and maketh <HI>Clamen</HI> in the margent in the originall Record again&s;t the &s;umme, otherwi&s;e he maketh &s;peciall <HI>tot.</HI> again&s;t the &s;ame &s;umme thus: or or: in which pricks, and by which pricks of u&s;e, he knoweth who&s;e liberties the &s;ame pricks do meane, Then the Sheriff going on, and &s;aying to another &s;um <HI>tot.</HI> the forraine Oppo&s;or marketh it in the margent in the originall thus without pricks, and &s;o that is a Charge to the Sheriff onely And after the Sheriff &s;aying to another <HI>Summa nihil,</HI> the forraine oppo&s;or doth marke al&s;o again&s;t the <HI>Summa</HI> in the Margent in <HI>Rottulo.</HI> 21, or 13 as the Streate is of the yeare of the King Whereof the oppo&s;all is. and he goeth through that originall record, his whole libertie of the re&s;t of the Sheriffs greene wax &s;treated unto him, and marketh every &s;umme in &s;uch wi&s;e as before.</P>
<P><PB N="81" REF="43">
He afterwards maketh the Sheriffs &s;cronle in parchment of all the totalls, with pricks, &amp; ca&s;teth up the &s;everall totall &s;ums if they be in &s;everali natures, &amp; where any &Dgr;' with pricks is wthin any &s;uch totall &s;ums, as for example, <HI>A. B. Vicecom. pred. oneratur minit. exitus</HI> twenty pounds to pull off the '&Dgr;, with pricks from the Sheriff, he &s;aith immediately after, that totall <HI>Summa C. qui|bus C. D. ball. libertat. C. F. venit per G. H. Attorn. &s;uum et V. inde 51. et &s;ic debit,</HI> fifteen pounds, and &s;o every Bayliff from the &s;aid &s;croule is charged in the great Roll, with the '&Dgr;, with pricks where it concerns, and the other without pricks is charged in the &s;ame Roll to the Sheriff him&s;elfe on|ly.</P>
<P>He &s;aith that he leaveth the <HI>Nihils</HI> that be marked in the Margent of the Originall Record in <HI>Rotulo</HI> 12. or 13. as afore&s;ayd, for the Clarke of the <HI>Nihils</HI> to write out by his &s;ayd markes in <HI>R</HI> when they be delivered againe into the Clerke of the Streats Office.</P>
<P>He alloweth to the Sheriffs the Ju&s;tices of Peace wages of his Shire out of the Fines and Forfeitures before the Ju&s;tices of the
<PB N="82" REF="44">
peace thereof if the Streat will bear them, layed out before the Sheriffs for the Ju&s;ti|ces wages, according to the Statute, of the which allowance, and of the particular names of the Ju&s;tices, the &s;ayd forraigne oppo&s;er doth deliver a Roll into the Pipe for the Clarke of the Pipes Warrant to al|low the &s;ame wages to the Sheriff.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>Clarke of the Streats.</HEAD>
<P>IS the Officer that receiveth yearely out of the Trea&s;urers Remembrancers Office, all the Streats of the Kings Bench, the Common pleas, the Ju&s;tices of A&s;&s;ize, the Ju&s;tices of the Peace, the Kings Remem|brancers &s;ide, his hand from time to time made in the &s;ayd Roll of the Streats, there re&s;tifying the receiving of the &s;ame.</P>
<P>He writeh out yearly all the &s;ayd Streats to every Sheriff of <HI>England,</HI> as they in e|very &s;hire at the two <HI>Liberates</HI> of the Ex|chequer, that be every <HI>Hillary</HI> Terme and <HI>Trinity</HI> Term, for to levy and to an&s;wer all the &s;umms of the &s;ame.</P>
<P>Hee maketh Schedules in parchment un|der
<PB N="83" REF="44">
his hand agreeable with his Streats, &s;ent out as before with the &s;umms of the &s;ame truly totalled, when any Sheriff will make petition to be di&s;charged of any &s;um in the &s;ame by good matter offered.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>The Auditors of the Pre&s;ts</HEAD>
<P>BE they that take the old great accounts of the Exchequer, as <HI>Ireland, Barwick,</HI> the Mynt, the Loan, the Wars, the Ships, the Provi&s;ions, the Hamper, the Ordnance the Clerk of the Works, and &s;uch like re|membred before, who now declared the &s;ame before the Lord Trea&s;urer, the Chan|cellor and under Trea&s;urer only, and be ne|ver entred in the Court of Exchequer, nor examined nor written upon there as they had wont to be.</P>
<P>That upon many years &s;o moving out, and writing proce&s;&s;e forth, &s;ound meerly de&s;perate and illeviable upon the parties, that owe them, either alive or being dead, upon their heirs, Executors, Admini&s;trators, their Goods, Chattells, Lands, Tenements or Ter Tenants, which de&s;perate debts of
<PB N="84" REF="45">
theirs that be alive, be by and by conveyed back again into the great Roll, and &s;ummo|ned out of the Chancery, afterwards to be &s;ufficient to an&s;wer either the whole, or &s;ome part of the debt.</P>
<P>They have other &s;peciall Authorityes, A&s;&s;igments, and matters appointed to this Office, by the Articles of the uniting of the late Court of Augmentations to the Ex|chequer, which are referred thither for breifne&s;&s;e, and for more certainty at large of the &s;ame.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>Remembrancer of the fir&s;t Fruits and Tenths.</HEAD>
<P>HAth his Office wholy e&s;tabli&s;hed by Articles of the unyting of the late Court of the fi&s;t Fruits and Tenths, unto the Exchequer, and by a late decree of our Court, concerning the altering thereof from the fir&s;t erection, which for breifne<GAP DESC="illegible" RESP="UOM" EXTENT="1+ letters"> here are referred over to the &s;ame.</P>
</DIV2>
<DIV2 TYPE="section">
<PB N="85" REF="45">
<HEAD>The Comptroller of the Pipe.</HEAD>
<P>IS an Office that was fir&s;t devi&s;ed to keep a Controll of the Pipe, that &s;hould write and keep every year a like great Roll in e|very matter of charge and di&s;charge, as the Clark of the pipe doth, and &s;hould lay every Lent &s;uch a one, as well as he, but (as I learn) no &s;uch Roll hath been made up by him for many years, and yet (as I hear) he writeth yearly now all the pipes of the great Roll, the Clerk of the Pipe doth keep, but he doth not yearly make them up into a great Roll.</P>
<P>He only writeth out twice a year the two &s;ummons of every &s;hire of the Realm <HI>viz.</HI> his fir&s;t &s;umuons every <HI>Hillary</HI> term, where in he writeth only the Sheriffs <HI>Vicondeles,</HI> his fee farmes, and &s;ometimes his <HI>Oblata,</HI> and likewi&s;e the &s;econd &s;ummons every <HI>Trinity</HI> Terme, wherein hee writeth his <HI>Nova oblata,</HI> and ca&s;ualties, and &s;o up|on the oppo&s;alls of every Sheriff, he may if
<PB N="86" REF="46">
he li&s;t &s;ee how every of them do <HI>O. Ni.</HI> or <HI>rot.</HI> every Terme of the &s;ame.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>The Clerk of the Pleas.</HEAD>
<P>IS the Officer in who&s;e Office, all the Offi|ces in the Court of the Exchequer, their Clerks and &s;ervants, all the Kings Maje&s;ties Tenants and Farmers of any of his Lands, and Tenements, and all manner of accoun|tants of the Court of the Exchequer, du|ring the time of their bar, &s;o &s;hould be &s;ued in, or may implead another, or any &s;tran|ger in any Action upon the ca&s;e, or of tre&s;|pa&s;s, debt, <HI>De Ejectione firmoe,</HI> of <HI>Detinue,</HI> or &s;uch like, as are &s;ued in the Kings Bench,</P>
<P>He hath every &s;uit pro&s;ecuted in his Of|fice between party and party, that is re|moved out of any Court at <HI>We&s;tmin&s;ter</HI> by the red book, or out of any Court of Re|cord el&s;ewhere in <HI>England,</HI> by any Writ of proviledge for any of the &s;aid per&s;ons that are priviledged as before to &s;ue and to be &s;ued only there in the &s;aid actions and no where el&s;e, if they will in time claim and &s;ue their priviledge.</P>
<P><PB N="87" REF="46">
He in his Office bringeth all matters to an end, and either upon <HI>Nihil dicit</HI> or by Demurrers argued, or by verdict tryed in Court or by <HI>Ni&s;i prius</HI> at the <HI>Gaild Hall</HI> in <HI>London,</HI> or at the A&s;&s;izes in the County be|fore the Ju&s;tices of A&s;&s;ize, and &s;o by the Judgment given upon every of the &s;ame, whereupon the party with whom Judge|ment is given for his Execution, hath a|gain&s;t the party condemned a <HI>Capias,</HI> an <HI>Alias,</HI> or <HI>Plures,</HI> and <HI>Fieri facias.</HI></P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>The Forraigne Appo&s;er</HEAD>
<P><HI>IS</HI> an Officer to whom all &s;heriffs after they are appo&s;ed of their &s;ummes out of the Pipe, do repair to be appo&s;ed by him of their green wax, who appointeth them a day certein for the &s;ame, and &s;o the &s;heriff payes for the Clark of the &s;treats again&s;t that day to bring to <HI>Westmin&s;ter,</HI> the Ori|ginall Bookes and Records of their greene Wax.</P>
<P>He at the day of the &s;ayd appo&s;all ap|pointed, taketh the &s;heriffs &s;treats, and cau|&s;eth his Clark to look upon it, and he him|&s;elf
<PB N="88" REF="47">
readeth the Origin all Record, and ap|po&s;eth the Sheriff, what he &s;aith to every &s;umm therein, and the Clark &s;eeth the &s;he|riffs &s;treats, if the Originall do agree with the Wax.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>The Kings Attorney Gene|rall.</HEAD>
<P>HE is made privy to all the An&s;wers put in upon the &s;ayd nformations, and ei|ther demurreth thereupon, or replyeth as he will, to bring the matter to an i&s;&s;ue, and at his plea&s;ure to the King, all advantages of pleading, given to his highne&s;s by the Defendant, and &s;ometimes pre&s;&s;eth the Court to hold and keep &s;till the &s;ame, and otherwi&s;e he yeildeth and &s;uffereth the par|ty to amend his plea, an&s;wer, and Rejoyn|der, and &s;o proceedeth to the joyning of an i&s;&s;ue.</P>
<P>He is made privy to all Replications drawn from the Kings &s;ide, and altereth and amendeth the &s;ame after his own liking and &s;o is he likewi&s;e to the partyes Rejoyn|der
<PB N="89" REF="47">
again&s;t the King, and either confe&s;&s;eth the plea, or the party Defendant, upon the &s;ame, either &s;uffereth it to come to a try|all by Jury at the Bar, or by <HI>Ni&s;i prius</HI> in <HI>London,</HI> or in the County where the mat|ter lyeth, and &s;o come all matters of plea to judgment, and an end, either upon the Kings Attorneyes confe&s;&s;ion, or by tryall of Verdict, or by Demurrer, or by Judge|ment of the Court alone, or upon a <HI>Nihil dicit</HI> by the Kings Attorney.</P>
<P>He in &s;ome ca&s;es will not confe&s;s the plea for the party ri&s;ing upon the proce&s;&s;e of the Court, though it were rea&s;onable he &s;hould without the Kings Maje&s;ties War|rant, as when the party &s;hould have his Right by way of Petition to the Prince, or that there is &s;ome Colour for him though not evident Right to &s;tand again&s;t the par|ty for the Prince, and &s;o refers him to the Court.</P>
<P>He maintaineth his Informations, Re|plications, the Kings Right and proce&s;s of the Court, again&s;t all Coun&s;ellors, &s;ollici|tors and Witne&s;&s;es at the Bar, both in the Court, and in the Exchequer Chamber for the party, and upon the opening and a|vowing
<PB N="90" REF="48">
of the Law, he either offereth the Defendant an i&s;&s;ue, or to demur in Law with him upon the point, and &s;o prayeth the Court he may do, and that the party may be inforced according to the Law to joyn i&s;&s;ue, or demur in Law with the De|fendant as he thinketh will &s;erve be&s;t for the Kings Title.</P>
<P>He oftentimes, when the i&s;&s;ue upon the Plea comes to tryall by the Jury, and that they are &s;u&s;pected, or &s;eem laboured doth &s;ometimes by exception qua&s;h the whole Jury, or &s;o many of them as the matter cannot proceed to tryall, and &s;ometimes fearing the partiality of the whole pannell and &s;uborned Witne&s;&s;es, he bringeth the matter to a Demurrer in Law upon the opening of the Evidence, and &s;o &s;aveth the Kings ca&s;e politickly.</P>
<P>He devi&s;eth all the A&s;&s;urances the Kings Maje&s;ty hath of any Lands and Tenements either &s;old to his Highne&s;s for any debt, or a&s;&s;ured unto his Maje&s;ty for any debt to be payd at dayes, or el&s;e to be forfeited, which Indentures, Deeds, Fines, Recoveries, and other &s;uch Writings, he delivereth now into the Kings Remembrancers Office that
<PB N="91" REF="48">
were wont to be kept in the Trea&s;ury to be put in charge before the Auditors of the Counties, where the &s;ame Lands and Tenements do lye according to the a&s;&s;u|rance.</P>
<P>He &s;uffereth &s;ometimes the Informers upon popular Actions, to put in their In|formation in their own name, when it is better the party Defendant be &s;o pro&s;ecu|ted, or that he is of &s;ome fort an acquain|tance, and &s;o more meet that way to be &s;ued.</P>
<P>He commandeth all the <HI>Remembrancers</HI> that there be no proceedings in certain matters depending in their Office, when he thinketh it be&s;t for the King, and Copies and Books to be made thereof, both for the judges, the Barons, and the Kings learned Coun&s;ell, as the ca&s;e &s;hall fall out.</P>
<P>He &s;uffereth &s;ometimes the Demurrers for the King to be argued, by other lear|ned Coun&s;ell, then the King retains by the party that followeth the Kings &s;uit or his Tenant, or for his commodity, or for &s;ome other re&s;pect,</P>
<P>He &s;uffereth &s;o the partyes &s;ometimes that folow the &s;uite for the King, to bring
<PB N="92" REF="49">
other Coun&s;ell to the Bar then the Kings, to open, plead, and defend the Kings Ti|tle when he is in Court, and guideth them for the King.</P>
<P>He maketh Warrants to all the Remem|brancers to make all manner of Commi&s;&s;i|ons, Proce&s;&s;e, writs and Injunctions, as the Lord Trea&s;urer, the Chancellor, the Vice-Trea&s;urer, and the Lord Cheife Baron doth.</P>
<P>He, when he under&s;tandeth, or is com|plained unto, that any &s;tay, lingring, or <HI>Super&s;edeas</HI> is of any proce&s;&s;e or execution for the King, doth call &s;traight upon the Officers where it lyeth, and asketh why &s;uch a proce&s;&s;e or matter &s;tayeth, and be|ing informed of the cau&s;e, and it is by the Lord Trea&s;urers, Ma&s;ter Chancellor, Vice-Trea&s;urer, or the Courts order, he &s;aith, &s;tay them for a time, and I will move in it, but otherwi&s;e the matter proceedeth by his order with all expedition.</P>
<P>He very &s;eldom, or never of him&s;elf &s;tay|eth any proce&s;s matter or cau&s;e of the King but being moved there of by the cheif Offi|cers of the Court, he will &s;eem for a time content, and leaveth the &s;ame to their or|der,
<PB N="93" REF="49">
yet he is content to give all &s;uitors dayes to appear to &s;hew their <HI>Rights,</HI> and bring in their An&s;wers, Rejoynders, Wri|tings, Evidences, and Patents.</P>
<P>He with the Lord cheife Baron and the Court <HI>Pro mi&s;is parcandis,</HI> doth &s;et Fines for Compo&s;itions upon any Information depending in the Court by any &s;peciall Statute, and thereupon the partie defen|dant is di&s;charged, and the record made up to &s;hew how he hath Compounded, And &s;o is drawne and &s;et downe from the Roll of the Kings Remembrancers &s;ide and is charged and di&s;charged in the Pipe as is a|fore&s;aid.</P>
<P>He certifieth into the Clerke of the Streate office yearly in the Exchequer, all the Kings moities recovered, and fines for Impo&s;itions made in the Kings Bench upon all penall &s;ummes or penall Statutes, and pay the &s;ame yearly into the Receipt by taile, and being &s;et downe into the Pipe by the Clerke of the Streate, he hath his <HI>Quiet us e&s;t,</HI> for the &s;ame</P>
</DIV2>
<DIV2 TYPE="section">
<PB N="94" REF="50">
<HEAD>The Kings Sollicitor</HEAD>
<P>SItteth next to the Kings Attorney in place, &amp; &s;ometimes An&s;wereth the Barr, or the Court on the Kings behalfe, both in the ab&s;ence of the Kings Attorney, and when he is pre&s;ent, but otherwi&s;e he med|leth not any way with the Kings Attorneys office.</P>
<P>He ceu&s;idereth with the Kings Attor|ney all the Kings Maje&s;ties hard and doubtfull ca&s;es depending in Court, and &s;heweth his opinion of the &s;ame both in Court and out of Court in the Exchequer Chamber.</P>
<P>He waiteth on the Judges to know when they &s;hall be able to Attend the Kings Cau&s;es that he and the Kings Attorney hath for matters depending in the Exche|quer to informe them of, and both giveth every of them the ca&s;e, and the Copies of all Books and Pre&s;ideats concerning the &s;ame.</P>
<P>He argueth before the Kings Attorney all the Demurres that be in the Court for
<PB N="95" REF="50">
the King, and &s;ometimes alone without the Attorney with other learned Coun|cell out of the Kings fee, that are retian|ed with him on the Kings &s;ide by the partie that followeth the &s;uite for the King.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>The Auditors of the Exchequer</HEAD>
<P>BE they, That before the late united Courts to the Exchequer, did take and make all the accounts of the Ancient Re|venue there, and now they take al&s;o the accounts of the receivers of the late Aug|mentation Revenue, as was allotted to every of them at the fir&s;t coming thereof into one Court, and of the Mini&s;ters of the &s;ame.</P>
<P>They never take accounts of any Sheriff, E&s;cheator, cu&s;tomer, Collector of Sub&s;idies, or Fifteens, or the cofferers accounts, but by A&s;&s;ignement in open Court by the Mar|&s;hall, and &s;o entred in his Book, to the in|tent no accomptant &s;hall &s;eeke an Auditor of his Choice.</P>
<P><PB N="96" REF="51">
They waite on &s;ome of the three youn|ger Barons with every &s;uch account when it is ingro&s;&s;ed who examineth the particu|lars, and the totalls of the &s;ame, and &s;eeth if then the &s;ame account be &s;traight and true, and then it is &s;et upon the head of &s;uch Account examined, to know by whom it pa&s;&s;ed thus, or as it falleth out in|deed.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>AB: Auditor CD: Clericus</HEAD>
<P>AND &s;o it is deliveered by the Baron or Anditor fir&s;t into the Kings Remem|brancers Office, and &s;o from time to time to the Lord Trea&s;urors Remembrancers Office and &s;o from him to the Clerke of the Pipes Office to be entred as afore&s;aid in the Roll as it &s;hould be after his nature as afore|&s;aid.</P>
<P>They ca&s;t out all Sheriffs in open Court, <HI>viz.</HI> two or three of them lay the &s;ummes and charge of their accounts as they be read to them in open Court by the Clerke
<PB N="93" REF="51">
of the Pipe, and then they allow out of the &s;ame, their Annuall Deductions, and &s;uch petitions as they make and be, read them in &s;ummes in open Court, and &s;o try them either <HI>Aeque,</HI> or &s;urplu&s;age, and if both or all the Auditors ca&s;ting doe agree, then be the Sheriffs delive|red out of the Court by Proclamation of &s;ome one of the U&s;hers.</P>
<P>They ride every <HI>Michaelmas</HI> Terme to their <HI>Audite,</HI> kept at the Kings Court in every &s;hire as they are allotted e&s;pecially unto them, where they take the Mini&s;ters accounts of the late Augumentation Reve|nue, at places certaine appointed before by their precept, and &s;ent out to the Bayliffs, Reeves, Collectors <HI>&amp;c.</HI> and there by order from my Lord Trea&s;uror, Ma&s;ter Chancel|lour, and the Vice-trea&s;uror, they have Authoritie to give certaine Allowances of reparations not exceeding the &s;umme of where the kings is no bound thereunto and to do the ordinary things of their <HI>Audit.</HI></P>
<P>They make a breife declaration of every of their Receivers accounts every Lent be|fore my Lord Trea&s;uror, ma&s;ter Chancel|lour,
<PB N="94" REF="52">
and Vice-trea&s;uror, and &s;hew their la&s;t yeares Arrerages, and what every of them have payed in liverie money as in debt upon the &s;ame. He is then ordered to pay into the Receipt according to the Sta|tute upon the determination of his ac|counts, or is re&s;pited by the &s;aid cheife, Officers, as they &s;ee cau&s;e for the &s;ame.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>The Receivers</HEAD>
<P>BE onely of the late Augumentation Re|venue united of late unto the Exche|quer who receive by Statute of all tene|ments the Rents re&s;erved upon any the &s;aid late lands and likewi&s;e the Rents of the Farmers and all &s;uch moneys as the Collec|tors, Recyes, Bayliffs, Mini&s;ters of the &s;aid Revenue, do gather up within their <HI>Sche|dule</HI> receits as either payable halfe yearly or found due upon account.</P>
<P>They pay all Pentions within every of their receits, and are bound to pay all their money found due upon the determination of their accounts according to the Statutes in that hehalfe made, or they forefeit their
<PB N="95" REF="52">
office, and they and their <HI>Sureties</HI> are ex|tended be&s;ides.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>The Surveyours</HEAD>
<P>BE onely of the &s;aid Augmentation <HI>Re|venues</HI> and now are commonly put in|to Commi&s;&s;ion for the king that go into the&s;e Shires where their Offices do lie, and be&s;ides, are ordinarily appointed (if they have any skill) to &s;urvey &s;uch Mannors lands, and Tenements, as the Court hath occa&s;ion, and doth think meete from time to time for any cau&s;e to be &s;urvey|ed.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>The Attorneys and Clerks of the Kings Remembran|cers Office.</HEAD>
<P>ALL tho&s;e that are conmmonly retain|ed by the parties in all &s;uits and mat|ters of the Office to appeare and An&s;wer
<PB N="96" REF="53">
the Court for them and to follow all things in Court belonging thereto, but yet in &s;uch order, that according to their Oath they do nothing uncomely, or &s;ecretly, in perjudice of the kings Maje&s;ties right, and title, but that which is orderly, u&s;uall, and ju&s;tifiable in open Court, and be&s;ides every of them doth from time to time that which belongeth to his place and &s;enioritie in the Office afore&s;aid.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>The Attorneys and Clerks of the Pipe</HEAD>
<P>HAve a&s;&s;igned unto them and every of them &s;peciall, certaine Shires of the Realme by the order of their Office, accor|ding to every of their Seniorities, to the which every of them are toward, and like|wi&s;e to all the Accomptants of their owne Shires, and to every matter in the &s;ame, whereby one of them medleth not with a|nothers Shires but every one of them are retained for the Clyents di&s;charge and to bring every of them his <HI>Quietus e&s;t,</HI> but
<PB N="97" REF="53">
yet as he doth nothing uncomely or un|truly to hinder the Kings right, and then be&s;ides, every of them doth in the Office what to his place Anciently apper|taineth.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>The Attorneys and Clarkes of the Clarks of the Pleas Office</HEAD>
<P>BE they that be retained betweene partie and partie in all &s;uits commenced or de|pending there, who are in all orderly wi&s;e to follow their Clyents Cau&s;es, and to make their Pleas, An&s;wers, Replications, and Re|joynders upon the &s;ame for learned Coun|cell to Con&s;ider, and to do nothing therein but what is lawfull, comely and u&s;uall in the Court, and every of them doth be&s;ides that as belongeth to their place in the &s;ame Office.</P>
</DIV2>
<DIV2 TYPE="section">
<PB N="98" REF="54">
<HEAD>The joyners of the tallies</HEAD>
<P>BE the &s;econd Deputies of the Chamber|laines for that purpo&s;e, and are &s;worne at their Admittance to &s;erve truly, who from time to time receive out of the receit the Foiles of all Tallies &s;tricken there for any manner of per&s;on, and file them &s;traight upon a &s;tring, which &s;o filed, are kept under both their keys in their Che&s;ts, and when anie man bringeth any &s;tock of tho&s;e to be joyned that mu&s;t be fir&s;t done, ere they can be allowed in the Pipe.</P>
<P>The &s;aid two Joyners &s;eek &s;traight out the file of the &s;ame where it is filed, and taking it off, do &s;ee if the &s;tock and the file do agree in hand, letter, and joyning, and be without &s;u&s;pition, and then do they prick them both u&s;ually with &s;uch markes with their marking Iron, as u&s;ually &s;heweth the &s;tock to be joyned then with the &s;ame tal|lie, and the day of the joyning thereof is entred in a Book with the letter and &s;umme thereof, and afterwards that tallie ie filed a|new in the Terme, that it is joyned and &s;o
<PB N="99" REF="54">
kept, And then one of the &s;aid two Joyners delivereth over the &s;tock that is joyned in|to the Office of the Pipe, and that partie never handleth it after, and &s;o it cometh to allowance.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>The two parcell makers</HEAD>
<P>BE the Officers that gather out, and make the parcells of all the E&s;cheators ac|counts and be appointed to receive under their hands out of the Trea&s;urors Remem|brancers office &s;ett downe in the Roll of Streats there, all Tran&s;cripts of Offices &s;ent yearly thither out of the Chancerie that be found by anie E&s;cheator through the Realme,</P>
<P>Then they are to make the parcells of any E&s;cheators accounts in any &s;hire, they do call for the precedent account of the E&s;cheator that was the yeare before of that Shire, out of which they gather fir&s;t the parcells <HI>Veterum E&s;caetorum,</HI> that were in the &s;aid la&s;t yeares account, and continued &s;till undi&s;charged, and &s;et them downe in long Rolls of parchment of fullne&s;s of letter,
<PB N="100" REF="55">
yearly value, tenure, and &s;tate, as they be in the precedent account, and came from the Office out of which they were drawne fir&s;t, then they gather the parcells of the new E&s;cheators owne Offices he found in his time, and &s;et them downe in the &s;ame Roll in like fullne&s;&s;e of letter, yearly va|ue, tenure, and State, as they appeare in the &s;ame offices, which roll is incituled thus, Particular account <HI>A. B. E&s;caetor Com. Canc. &amp; Middle&s;ex &amp;c.</HI> from &s;uch a day <HI>&amp;c.</HI> And then in the margent of the Roll where the parcells do begin, there is <HI>Veterum E&s;caetorum,</HI> and &s;o be the&s;e par|cells &s;till Conveied downe, and being ended, then is &s;ett in the margent of the Roll a|gaine <HI>Nova E&s;caet.</HI> again&s;t the fir&s;t parcell, beginning with, going downe, and ended, there is &s;ett in the margent of the &s;ame roll, <HI>Ter. &amp; tenem. &amp; catal. attinct. utlegat. fe|lon. &amp; fugitivors.</HI> whereof the parcells be conveied if there be any, but commonly is &s;et again&s;t that title eleven pound and they be <HI>Veter. E&s;caet. &amp; nova E&s;caet:</HI> totalled up by them&s;elves by the parcell-makers, which be the whole Charge of the E&s;|cheator, And they delivered tho&s;e par|cells
<PB N="101" REF="55">
&s;o &s;ummed up to the Auditor to whome &s;uch E&s;cheator is a&s;&s;igned, and by the Mar&s;hall; and he <HI>Verbatim,</HI> accordingly doth ingro&s;&s;e up his account, which pa&s;&s;eth further on in the Court, as before is decla|red.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>The Clerk of the Nichills</HEAD>
<P>IS the Officer that repaireth to the Clerk of the E&s;treate every year, and &s;eeth what Nihills be marked in <HI>Rottulo,</HI> in the whole <HI>Liberate,</HI> of the greene wax &s;ent out that year, which Nihills be i&s;&s;ues, that the Sheriff that is appo&s;ed doth &s;ay be nothing worth, and illeviable for the in&s;ufficiencie of the parties that &s;hould pay them, where|upon the Clerk of the Nihills doth write them out in a roll of parchment, and &s;etteth them in the Court where they lie and under the titles of tho&s;e Streats from whence they come, and where they are marked as afore in <HI>Rottulo,</HI> which Roll he delivereth into the Trea&s;urors Remembrancers office, and
<PB N="102" REF="56">
upon the &s;ame there be &s;o many <HI>Fieri fac:</HI> inrolled again&s;t &s;uch Sheriffs as have their i&s;&s;ues marked in <HI>Rottulo,</HI> and Nihills which they returned, to know why they &s;hould not An&s;wer the kings Maje&s;ties the &s;ame Nihills which they did returne for good i&s;&s;ues, and leviable upon the parties on who&s;e head they were &s;et, which Sheriffs &s;o &s;ummoned, mu&s;t either come in and ju&s;tifie them leviable, and prove them, and then he that Nihill'd them, or el&s;e the Sheriff that cannot &s;o ju&s;tifie them, mu&s;t pay the &s;ame him&s;elfe, whereby it appear|eth, the Court and lawe provideth, that the Kings Maje&s;tie &s;hall loo&s;e nothing that he hath right to.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>The Seale of the Court</HEAD>
<P>IS the Officer that keepeth the Seale of the Court all terme time under every Chanceller, and is bound to Attend and &s;eale all proce&s;&s;e, Commi&s;&s;ions, Injunctions, Exemplifications, and writts what&s;oever,
<PB N="103" REF="56">
that be brought to him in Court, 'or out of Court, from any of the Officers that have Authoritie to make the &s;ame (except he have contrary Commandement, or his ma&s;ters, or &s;ome of the cheife Officers of the Court do make &s;tay &s;ometimes of &s;ome of them for &s;ome &s;peciall matter thought meete and expedient) who in many ca&s;es hath Fees for &s;undrie of them whem they be &s;ealed for the partie, and not for the King, but upon allowance at the libe|rate.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>The Cheife U&s;her</HEAD>
<P>IS he that by inheritance hath the keeping of the Court, the Exchequer Chamber, and the how&s;e with all the Appertenance where the Court dines, when they &s;it about the Kings bu&s;ine&s;&s;e, who maketh provi&s;ion for all the nece&s;&s;aries both of the Exche|quer and of the receit, and hath allowance at every liberate thereof againe, and &s;eeth to all places of the Court, that all doores, che&s;ts, Records, and things be in &s;afty from fire, water, or &s;poile, and giveth knowledge
<PB N="104" REF="57">
of them accordingly, and as it needs, and hath the over&s;ight of the re&s;idue of the U&s;h|ers, and the &s;ix ordinary Me&s;&s;engers of the Court, that they deliver truly from time to time to the Sheriffs and all others the Kings proce&s;&s;e; and bring the Sheriffs Bil|ls &s;ub&s;cribed from time to time for the re|ceit of the &s;ame, which he doth exammine by his Book that he keepeth of the libe|rate of all the Kings proce&s;&s;e every terme, wherein is &s;et and totalled up the num|ber of writts and proce&s;&s;e that goeth out every terme, and to what Sheriff they be &s;ent, and out of what Office in the Court.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>The Mar&s;hall of the Court</HEAD>
<P>IS an Officer to whome the Court Com|mits &s;ometime the Cu&s;todie of &s;uch a one as they will not for the time &s;end to the Fleete and yet is thought meete in that wi&s;e for &s;ome Cau&s;e to be Com|mitted.</P>
<P>He a&s;&s;igneth in open Court, all Sheriffs, E&s;cheators, Cu&s;tomers, Collectors of Sub|&s;idies
<PB N="105" REF="57">
and Fifteens, and &s;uch like Accoun|tants when they have taken their oath to the Auditor, before whom every of them &s;hall account, whereof he keepeth an or|dinary book, and devi&s;eth &s;o by the Court that the Accountants &s;hould never choo&s;e his own Auditor, to practi&s;e or help him|&s;elf by it.</P>
<P>He receiveth all Offices that E&s;cheators do find <HI>(Virtute Officij)</HI> and delivereth them in Court whereof he &s;hould keep a Book, and &s;o deliver the Originall into the Trea&s;urers Remembrancers Office to be delivered by the Roll of Streats, there to the parcell makers to charge the &s;ame in &s;uch E&s;cheators parcells when he cometh in to account.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>The Foure Ordinary U&s;hers</HEAD>
<P>BE &s;uch as with their &s;tick, attend upon the cheif Officers and Barons of the Court, at their coming to, or their going from <HI>We&s;tmin&s;ter,</HI> and call all Juries, and all per&s;ons appointed them in open Court, and fetch them; they are appointed out of
<PB N="106" REF="58">
Court, and u&s;e to make in open Court, all noi&s;es, &s;ilence, and proclamations, calling of witne&s;&s;es, returns, and of all cacountants, both at and after their dayes of prefixion, and times appointed them by Law, and the cour&s;e of the Court, and to do all other things that are commanded.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>The Pray&s;ors of the Court</HEAD>
<P>BE cercain Officers of late made fir&s;t by Sir <HI>John Bacon,</HI> when he was Under-Trea&s;urer, without &s;ee of the Prince, and they prai&s;e all Wares and Merchandize, that information is put again&s;t in the Ex|chequer, as &s;eiled here in the Port of <HI>Lon|don,</HI> or in any other Ports of the Realme, as Cu&s;tome and Sub&s;idie thereof not payd, which Prai&s;ors of old time were cho&s;en here of Merchants of the City, as it fel out, and as they were taken up by the She|riff to prize the &s;aid Wares, whereof they had skill, and now by the u&s;e of time, the &s;ayd &s;tanding Pray&s;ors, that are appointed by the Vice Trea&s;urer to be certain, have a certain &s;mall fee a peice, of and upon every apprai&s;ement.</P>
</DIV2>
<DIV2 TYPE="section">
<PB N="107" REF="58">
<HEAD>The four Tellers of the Re|ceipt</HEAD>
<P>ARe Officers of the Receit, that receive to the Kings Maje&s;ties u&s;e, all monyes payd in there, and do make new dated parchment bills, under their hands with &s;uch Counties names, letters, words, and &s;umm in the &s;ame Bills, as &s;erves briefly to make it to appear for what cau&s;e, and by whom, every &s;uch &s;um of mony to them is payd, and many yeares &s;ince they were in the Receit, <HI>Ponderatores,</HI> and <HI>Fu&s;ores,</HI> at which time it &s;eemeth the mony was &s;o wel kept, that the tale fell out even with the waights, and <HI>Fu&s;ores</HI> were then melters of the mony, to make a&s;&s;ay of it into the Bal|lance, that it might be weighed.</P>
<P>The&s;e now deliver their parchment Bills to the party that payeth the mony, but ca&s;t the &s;ame down out of the Office by a hole made for that purpo&s;e, upon the Boord of the Receipt, whither the party repaireth, and prayeth a Tally to be &s;tricken for him
<PB N="108" REF="59">
according to his Bill ca&s;t down, which Bills heretofore were oftentimes carried away by the parties that thought the &s;ame only a &s;ufficient di&s;charge for their mony, and were yet afterwards much vexed for the &s;ame with proce&s;s.</P>
<P>They may receive all mens mony that are to pay any into the Receit, &s;ave the generall Receivers, and the Bi&s;hops Colle|ctors mony, who are a&s;&s;igned to each of them &s;pecially by name, that their pay|ments and arrerages may even appear at the eye, becau&s;e they u&s;e much to be be|hind hand, and are for the Non-payments to be charged by the Statute. They can|not now pay any mony for fees, or upon any privy &s;eal or Warrant, without a De|benter fir&s;t &s;ent from the Auditor of the Receipt, whereby is known &s;till mo&s;t cer|tainly what mony is payd, and what re|mains in every of their hands from time to time.</P>
<P>They keep every of them a rough booke of every days receipts, as they fall out in e|very kind of payment made unto them, and they title their &s;ayd bookes into half years receits, as thus, <HI>Michaelmas</HI> receit to <HI>Ea|&s;ter,</HI>
<PB N="109" REF="59">
and <HI>Pa&s;ch.</HI> Receipt, for all monies Payd from <HI>Ea&s;ter</HI> to <HI>Michaelmas,</HI> and their weekly Certificates by the &s;ame to the Lord Trea&s;urer and others, as they are commanded, what every of them hath re|ceived.</P>
<P>They make every half year out of this their rough book, a fair paper book of eve|ry of their &s;aid halfe years receits, and from their rough books they do &s;ort out in the &s;ame, all Receits of Revenues together, which be of payments only of ancient Re|venue of the Exchequer, and of the late Augmentation Court, and not of any mo|ny granted the Crown by Parliament.</P>
<P>Then next to the Revenue, they &s;ort in the &s;ame fair book all Receits of mony granted to the Crown by Act of Parlia|ment, or of Sub&s;ides of the late Sub&s;idies of the Clergy, the fifteens, the yearly Tenths of the Clergy <HI>&amp;c.</HI> and title every of them after their Nature, and as they fall out by the fir&s;t and &s;econd payment, and in this fair book, every of them doth &s;um up very perfectly all the &s;aid &s;everall kinds of Receits, and doth totall up thereupon their whole years receit with the remain|der
<PB N="110" REF="60">
in their hands of their la&s;t halfe years accounts before.</P>
<P>By which fair book every of them do make their count books, they deliver half yearly to the Auditor of the receit to take their accounts which Counter books be of whole skins of parchment written on both &s;ides, and on the top of the fir&s;t skin there|of, is &s;et as it were <HI>Comp. A. B. Term. Michaelis octave Regis Jacobi finium ad no|num incipiente tempore C. Domini The&s;au|ri Angliae.</HI> Then is there a great down right line, and drawn in the mid&s;t of every the &s;ayd skins on the left hand of every &s;uch line, which receits and payments be never totalled up by the Tellers, but are left to their auditors to do, who ca&s;teth up the totall of their Receits, with their &s;ayd la&s;t half years Remainder, &s;o maketh their full charge, and then doth he totall up their payments in the other &s;ide, and in the end doth make clear remain of that half years accounts.</P>
</DIV2>
<DIV2 TYPE="section">
<PB N="111" REF="60">
<HEAD>The Clerk of the Pelle.</HEAD>
<P>IS called by the ancient Records (as I learn) <HI>Clericus Dm. The&s;auri,</HI> who keepeth the Pell in parchment called <HI>Pellis Recepti,</HI> wherein he entreth every Tellers &s;aid parchment Bill with his name on it, and writeth under every &s;uch parchment Bill that is entred <HI>Recordatur,</HI> which fir&s;t Entry (as I learn) now is made in a paper book, and hath been begun but of late days to keep the Pelle fair, and from ra|zing as they &s;ay, when men are forced a little to mend the Letter of their Tallyes, but even before the fir&s;t Entry of every Tellers Bill was made in the Pell it &s;elf in Parchment, and done in open Court, and &s;o it is now afterwards ingro&s;&s;ed up by the &s;ayd book at lei&s;ure.</P>
<P>He al&s;o in old time kept the parcell of i&s;&s;ues in parchment, which were called, <HI>Pellis Exitus,</HI> wherein was entred every dayes i&s;&s;uing of any of the &s;ayd monyes, and by whom, what Warrant, Privy &s;eal, or Bill it was payed, which of late was re|ceived
<PB N="112" REF="61">
to be kept by him in the old Trea&s;u|rers time, and thought then very neec&s;&s;a|ry, but now &s;ince (as I learn) it is layd down again, as thought not &s;o nece&s;&s;ary, the Receipt being ordered as it is at this day.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>The Cutter of the Tallyes.</HEAD>
<P>IS the Officer that provideth a &s;ea&s;oned and proportionable ha&s;ell for the Tallies, and cutteth the &s;ame to fit length for the purpo&s;e, and doth &s;omewhat thwite every &s;tick thereof into four &s;quare &s;ides, that they may be better cloven and written up|on, and he ca&s;teth them into the Court from time to time, when any of them be called for, and receiveth his fee of the par|ty that &s;ueth it out.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>The Comptrollers of the Pell</HEAD>
<P>BE the two Chamberlains Clarks that &s;hould either of them keep a Control|ment of the Pell, and make forth in onp
<PB N="113" REF="61">
Court, like entries of every Tellers bill into like Pells of Parchment, as the Clark of the Pell doth, and that <HI>Verbatim,</HI> which now here be &s;ometimes kept, and &s;ome|times not, the &s;ees thereof are &s;o &s;mall, and the Pell by proce&s;&s;e of time is grown &s;o great, that no man would willingly Write the Controllment for the &s;ee.</P>
<P>They were wont al&s;o in ancient time, either of them to keep a like controllment of the &s;ayd Pell of I&s;&s;ues, and to make both theirs <HI>Verbatim,</HI> agreeing with the Pell of i&s;&s;ues as afore, kept by the Clark of the Pell, which the&s;e many years was not kept by them.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>The Auditor of the Re|ceipt.</HEAD>
<P>IS the Officer that taketh up &s;traight eve|ry Tellers Bill after it is marked <HI>Recor|datur,</HI> by the Clark of the Pell, and entred by the controllers of the Pell likewi&s;e, and &s;yleth it &s;traight upon a fyle, then h<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">s Clark called <HI>Scriptor Talliar. &amp; contratal|liaram,</HI>
<PB N="114" REF="62">
for whom his Ma&s;ter hath a &s;ee, writeth double upon every Tally the whole Letter of the Tellers, that where it is clo|ven, both the Tally and the &s;tock thereof may have like Letter upon it, being dry, doth deliver the &s;ame &s;econd to the under Chamberlaines to cleave.</P>
<P>He the &s;aid Auditor doth enter all the &s;aid parchment bills again in a fair book that is to him as <HI>Pellis Recepti,</HI> and by tho&s;e &s;ame he doth &s;ee what monyes every Teller receiveth weekly, and of whom, and what every half year in his <HI>Michael|mas</HI> Receipt and his <HI>Pa&s;ch.</HI> Receipt, where|by he certifieth weekly to the Lord Trea&s;u|rer, and others as he is commanded, how all the mony of the Receipt particularly is payd, and received. By which certificate it is &s;een and examined, whether every of the Tellers Certificates weekly be true and ju&s;tifiable.</P>
<P>He maketh now to every of the Tellers a Debentur, before any of them can pay a|ny mony out of the receit, be it upon Fines, Privy Seal, or Warrants that they pay, which is to be made, and is very con&s;ide|ratly done, that upon any re&s;traint of
<PB N="115" REF="62">
payment given by the Lord Trea&s;ure or his order, his Lord&s;hip may be &s;ure to have his Maje&s;ties mony kept &s;till undefrayed, while the &s;ame be &s;et again a<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter"> Liberty.</P>
<P>He receiveth every of the Tellers Coun|ter books in parchment, every half year, and taketh every of their accounts by the &s;ame, and cau&s;eth the Tellers to reform his Titles, and divi&s;ions in them if they be not orderly and plain enough for their na|ture, and then doth he ca&s;t up every of their &s;aid parchment bills of the half year, their Counter book before, and &s;eeth the total of them; after, he ca&s;teth up the to|tal of every of their Counter books to &s;ee if the totall of every of them doth agree with the total of their parchment bills, and &s;o doth make up fair the totall &s;umm of every of their Counter books, that be agreeable with their bills, and they that have any er|ror be rejected, and examined while the &s;ame may be &s;ound and made to agree with their half years Bills, and thereupon are totalled up as the re&s;t. To which total, he ca&s;eth every Tellers half years remain, and maketh his whole charge, and &s;o allowing every of them their payments and deduc<GAP DESC="illegible" RESP="UOM" EXTENT="1+ letters">
<PB N="116" REF="63">
ons, he maketh every of their cleere re|maines upon their Counter bookes for that halfe year al&s;o, as he had done before, and &s;o declareth all the &s;aid Counter bookes halfe yearly before my Lord Trea&s;uror, when it is his plea&s;ure.</P>
<P>He keepeth the black book of the Receit, and the Lord Trea&s;urors key of the Trea|&s;ury both where the ancient leagues of the Realme, and all the Perambulations of the Forre&s;ts, and the Records of Ju&s;tice Itinerant, and divers other Records do lie, Both in the old Court of wards, and in the old Parliament hou&s;e in the Cloi&s;ter at <HI>We&s;t|mini&s;ter,</HI> where no &s;earch can be made with|out that key come, with both the Chamber|laines keyes thereof.</P>
<P>He doth (now of late) &s;e every Tellers money locked, and &s;ealed up in the new Trea&s;urie, made for that purpo&s;e, when it is my Lord Trea&s;urers plea&s;ure, or or|der &s;o to have it to be; and keepeth or delivereth the key as he Commandeth.</P>
</DIV2>
<DIV2 TYPE="section">
<PB N="117" REF="63">
<HEAD>The two under Chamberlains</HEAD>
<P>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 &s;ame even in the midde&s;t between the double let|ter of the Tallie mentioned before, and then the Cleever taking the &s;tick, and the other foile, and the Clerk of the Pell and his con|troller the Book where the &s;aid Tellers bills were recorded, the Cleever &s;aith <HI>Examina|tur,</HI> and readeth the &s;tock aloud, and &s;o his fellow The Clerk of the Pell and his two Comptrollers &s;eeing the &s;tock to agree with them all, the &s;ame is by and by deliver|ed to the partie, and the foyle &s;traight ca&s;t into the Chamberlaines Che&s;t, where they keep all their foiles, together with their knives, and the Book of Doome&s;day, while the Joyners fetch them away from time to time as they be occupied.</P>
<P>In which Che&s;t al&s;o, be kept the keyes of the Trea&s;urie under three locks, whereof
<PB N="118" REF="64">
the auditor of the Receit hath one key, and the two Chamberlaines another key, and the U&s;her 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 be|&s;ides that, that other U&s;hers u&s;e to do, and keepeth the Receit as the U&s;her by Inheri|tance doth the Exchequer.</P>
<P>They make all &s;earches in the Trea&s;urie for any Record at the &s;uite of the parties, and Exemplifications of the &s;ame, where|of the Fees are divided betweene them, and the keeper of my Lord Trea&s;urors key as of long time hath beene accu&s;to|med.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>The Fower ordinary Me&s;sen|gers of the Receit</HEAD>
<P>BE the Pur&s;evants only Attendant upon my Lord Trea&s;uror to carry his Lord|&s;hips letters and percepts to all the Cu&s;to|mers, Controllers, and Searchers through <HI>England,</HI> and to ride and goe where it is his Lord&s;hips plea&s;ure to Command.</P>
</DIV2>
</DIV1>
<DIV1 TYPE="part">
<PB N="119" REF="64">
<HEAD>The Articles of the late Court of Augmentations and Revenues of the Crowne annexed to the Court of Exchequer at <HI>Westmin&s;ter</HI></HEAD>
<DIV2 TYPE="section">
<HEAD>The Lord Trea&s;uror.</HEAD>
<P N="1">1 FIr&s;t all Honers, lands, tenements, po&s;&s;e&s;&s;ions, amd all other heredi|taments which are within the &s;ur|vey, rule, and order of the Augmentations of the Crowne, and the Arrerage, of the &s;ame, &s;hall be received, leavied, and gather|ed form hence forth by the Sheriffs of every Shire and Countie within the Realme of <HI>England,</HI> where the &s;aid Honers, Ca&s;tles, Mannors, lands, Tenements &amp; other here|dizaments do lye, or by any other per&s;on or per&s;ons that &s;hall be appointed by the Lord Trea&s;urer and the Court thereafter, which
<PB N="120" REF="65">
Receit the &s;aid Sheriff of every countie, or other accountant &s;o appointed, &s;hall con|tent and pay the Revenue thereof at the Receit of the Exchequer in manner and forme as hereafter &s;hall be declared.</P>
<P N="2">2 <HI>Item,</HI> the Revenues in wales, &s;hall be yearly received by the Chamberlaine there, or by any other per&s;on or per&s;ons that &s;hall be appointed by the &s;aid Lord Trea&s;u|ror and the Court as is afore&s;aid, the &s;ame to pay at the receit afore&s;aid, and to be bound by Recognizances for the payments thereof according to the direction of the Court.</P>
<P N="3">3 <HI>Item,</HI> the &s;aid Sheriffs or other accom|ptants to have a tallie of reward yearly ac|cording to the Rule of their &s;everall charges if it &s;hal be thought fit by the Lord Trea&s;u|ror, Chancellor, Chamberlaines, and Barons or by three of them whereof the Lord Trea|&s;uror to be one.</P>
<P N="4">4 <HI>Item,</HI> that every Sheriff of <HI>England,</HI> or other accomptant &s;hall be charged with the Revenues afore&s;aid in his account from <HI>Michalmas,</HI> to <HI>Michelmas,</HI> according to the Ancient lawes and Cu&s;tomes of the &s;aid Ex|chequer.</P>
<P N="5"><PB N="121" REF="65">
5 <HI>Item,</HI> all &s;uch &s;ummes of money as &s;halbe due at the Fea&s;ts of the birth of our Lord, The annunciation of our Lady, or at the Fea&s;t of <HI>Ea&s;ter,</HI> for the &s;aid Revenues, with the Arrearage depending upon all for|mer accounts, &s;hall be charged in to the &s;aid Sheriff, or other Accomptants in their views, and &s;hall make the &s;aid view before the Fea&s;t of the A&s;cention of our Lord year|ly, and to pay all &s;uch &s;ummes of money as &s;halbe found due upon the &s;ame before the Fea&s;t of Pentico&s;t then next en&s;ueing, and where they be payable at <HI>Pentico&s;t,</HI> tho&s;e rents to be payed before the <HI>Nativitie</HI> of Saint John the Bapti&s;t then next follow|ing.</P>
<P N="6">6. <HI>Item,</HI> if any former accomptant or debtor hath paid any &s;ummes of money at the receit afore&s;aid, before the making of the view afore&s;aid, that then the &s;aid Sheriff or other accomptant &s;hall be di&s;charged by the payment thereof being of Record with|out any further &s;uite or Charge in the &s;aid view of account.</P>
<P N="7">7. <HI>Item,</HI> that all &s;uch &s;ummes as &s;halbe due for the &s;aid Revenue at the Fea&s;t of <HI>Michaelmas</HI> and <HI>Saint Martin,</HI> with the
<PB N="122" REF="66">
Arrerages due upon all former accounts, &s;halbe paid at the receit of the Exchequer by the Sheriffs or other receivers, or accom|ptants (that is to &s;ay) as much as &s;halbe due at <HI>Michaelnsas,</HI> before the Fea&s;t of the Nativitie of our Lord God, And a&s;much as &s;halbe due at <HI>Saint Martin,</HI> to be paid into the receit before the twentieth day of <HI>Fe|bruary,</HI> then next in&s;ueing, or otherwi&s;e make declaration unto the &s;aid Court of Exchequer of the payment thereof by ver|tue of &s;ufficient Warrant.</P>
<P N="8">8. <HI>Item,</HI> that every Sheriff, and other Accomptant &s;hall appeare to his account in his owne proper per&s;on, or by his &s;ufficient Deputie Authori&s;ed in writing under his hand and &s;eale in Hillary Terme, and there to take an Oath according to an Ancient u&s;age of the &s;aid Exchequer, and the &s;ame Warrant in writing to be delivered into the Trea&s;urors Remembrancers office and there &s;hall be filed, and entred of record, without taking any Fee, or reward for the &s;ame.</P>
<P N="9">9. <HI>Item,</HI> the &s;aid Sheriff or other accomp|tant, or Accomptants, or his, or their law|full Deputie or Attorney after his or their
<PB N="123" REF="66">
Appearances, to make their accounts for the &s;aid Revenues before the twentie fourth of <HI>February</HI> then next after, and the Audi|tor taking the &s;aid accounts &s;hall deliver the &s;ame accounts ingro&s;&s;ed in parchment Au|thori&s;ed and allowed by the hands &s;ub&s;eri|bed of the Lord Trea&s;uror, Chancellor, Vice-trea&s;uror, and Barons of the &s;aid Ex|chequer, or by three of them at the lea&s;t, whereof the Lord Trea&s;uror or Vice-trea|&s;uror to be one, And with the hand of the &s;aid Auditor likewi&s;e &s;ub&s;cribed into the office of the Pipe within the &s;aid Court of Exchequer before the twentieth day of <HI>March,</HI> then next following, as further pro|ce&s;&s;e thereupon may be made if cau&s;e &s;hall &s;o require.</P>
<P N="10">10. <HI>Item,</HI> that the Lord Trea&s;uror, Chancellor, Chamberlaines, Under-trea&s;u|ror, and Barons, or three of them whereof the Lord Trea&s;uror to be one, and in his ab|&s;ence, the Under trea&s;uror &s;hall have full power and Authoritie by their di&s;cretions from time to time, to give Allowances a&s;|well to the Farmors and Accomptant for the yearly reparations and other Allowan|ces, as al&s;o to every per&s;on and per&s;ons
<PB N="124" REF="67">
that &s;halbe hereafter appointed by them or by the more part of them, for the doeing and executing of any proce&s;&s;e or other thing concerning the premi&s;|&s;es.</P>
<P N="11">11. <HI>Item,</HI> all Records of the &s;aid Court of the Augmentations that doth concerne exemtion of any proce&s;&s;e for Indentures, Recognizances, obligations, and all records of Books of orders and decrees concerning the premi&s;&s;es. &s;hall remaine in the Charge of the Kings Remembrancer of the &s;aid Ex|chequer in &s;uch place or places, as by the Lord Trea&s;uror and the Court &s;halbe from time to time appointed</P>
<P N="12">12. <HI>Item,</HI> that all Commi&s;&s;ions for wood&s;ales, and Commi&s;&s;ions for &s;urvey of any part or parcell of the premi&s;|&s;es, &s;hall be made hereafter by the Trea&s;urors Remembrancer of the Exche|quer.</P>
<P N="13">13. <HI>Item,</HI> all records and Books of the &s;aid Court of the Augmentations of the Inrollment of Lea&s;es, and the Counter|paines of the &s;aid Lea&s;es and Warrants for making of the &s;ame, and all accompts that &s;hall remaine in the &s;aid Court concerning
<PB N="125" REF="67">
anie thing or matter within their old order and &s;urvey of the &s;ame &s;hall be and re|maine in the Charge of the Clerke of the Pipe of the &s;aid Exchequer in &s;uch place as the &s;aid Lord Trea&s;uror and Court &s;hall a ward, &s;o that proce&s;&s;e may be made upon them <HI>Unde &s;uperius,</HI> as long as the ca&s;e &s;hal require.</P>
<P N="14">14. <HI>Item,</HI> that all &s;ealed Evidences, Ren|talls, Court rolls, and other writings, and miniments what&s;oever, touching the &s;aid Revenues, be placed in the Trea&s;urie how&s;e that &s;halbe appointed for that purpo&s;e by the Lord Trea&s;urer and others the head Of|ficers of that Court.</P>
<P N="15">15. <HI>Item,</HI> Accounts to be taken every yeare and the Ingro&s;&s;ments in forme as a|fore&s;aid to remaine in the Charge of the Clerk of the Pipe in &s;uch place as &s;hall be appointed by the Lord Trea&s;uror and other the head Officers of that Court among&s;t the Evidences and the records of the Reve|nue of the land, &s;evered from the Ancient records of the Exchequer.</P>
<P N="16">16. <HI>Item,</HI> that all Stewards of Leets and Courts, &s;hall yearly double their Court Rolls in parchment, and certifie one part
<PB N="126" REF="68">
thereof &s;ub&s;cribed with the hand of the Receivors before the Audit into the Court of Exchequer wherein &s;hould be contained the Fines made among the Cu&s;tomary Ten|nements, the Heriotts, the Amerciaments, the wood&s;ales, and other Ca&s;ualties with a declaration of needfull reparations pre&s;en|ted by the Homage making thereof a Streat to the Sheriffs of the Shire, or to &s;uch other Accomptant, as &s;halbe 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 Trea&s;uror or Under-trea&s;uror to be one, And the other part of the double of the &s;aid Court Rolls to remain in the Lord|&s;hip, where the &s;aid Courts be kept.</P>
<P N="17">17. <HI>Item,</HI> no wood&s;ales &s;hall be made without a Commi&s;&s;ion from my Lord Trea|&s;uror, and two &s;uch others of the Court as he &s;hall call to have at that time and in his ab&s;ence the Under trea&s;uror calling to him two of the &s;aid Court.</P>
<P N="18">18. <HI>Item,</HI> that noe Steward, Bayliff, or Woodward be admitted, but onely by the
<PB N="127" REF="68">
Lord Trea&s;uror, Chancellor, and Chamber|laines, Vice-trea&s;uror, and Barons of the &s;aid Exchequer, or three of them at the lea&s;t, whereof the Lord Trea&s;uror or Under-trea&s;u|ror to be one of the &s;ame Officers to pa&s;&s;e un|der the Seale of the Exchequer by the Lord Trea&s;urors A&s;&s;ignement under his hand, and the &s;ame 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 per&s;on or per&s;ons, as hereafter &s;hall be appointed to any of the &s;aid Offices.</P>
<P N="19">19. <HI>Item,</HI> the Accounts of Hamper, the Butierage, the Staple of Callis, and the Reve|nues of the Courts there, the Pri&s;es, the Mints, the great Guardrobe, the Cu&s;tomes of the Ports of <HI>Che&s;ter, Barwick,</HI> and <HI>Callice,</HI> to be yearly taken and ingro&s;&s;ed by the Audi, tors of the &s;aid Exchequer according to the Ancient lawes of the &s;aid Court, and as here|tofore they have beene accu&s;tomed before the Erection of the Court of &s;urvey and Augmen|tation of the Revenue.</P>
<P N="20">20. <HI>Item,</HI> where in times pa&s;t there hath beene continually 6. Auditors &s;erving in the &s;aid Court of Exchequer, whereof at this day and of long time hath beene remaineing but 5
<PB N="128" REF="69">
having ten pounds for every year for his fee, it is now ordered, that there &s;hall be &s;even to have yearly twenty pounds for his and their fees, and that every of the &s;aid Auditors be per&s;onally re&s;ident upon his Office.</P>
<P N="21">21. <HI>Item,</HI> That every Teller of the Receit be likewi&s;e attendant upon his Office, to exe|cute the &s;ame in his own per&s;on, and not by Deputy upon the lo&s;&s;e of his Office, and fee.</P>
<P N="22">22. <HI>Item,</HI> For that the order, e&s;tabli&s;hment and uniting of this Court be perfectly e&s;tabli|&s;hed with exerci&s;e, proof, and experience of the &s;ame, the Kings Highne&s;s is plea&s;ed, that the Lord Trea&s;urer, and the &s;aid Court of Ex|chequer, &s;hould have full power and authority from time to time to amend, reform, and cor|rect, any clau&s;e or Article afore&s;aid, and to add to, or dimini&s;h any thing that &s;hall be found nece&s;&s;ary for the amendment of the &s;ame, and to make &s;uch further orders from time to time, as to the Court &s;halbe thought expedient.</P>
<P N="23">23. <HI>Item,</HI> That all Rents and &s;ervices re&s;er|ved be an&s;wered in the &s;aid Court of Exche|equer, and paid in the &s;aid Receipt, and like|wi&s;e all debts, arrerages of accounts, and o|ther dutyes and &s;umms of mony which have been an&s;wered in the &s;aid Exchequer, be payd in the &s;ayd receipt.</P>
<P N="24"><PB N="129" REF="69">
24. <HI>Item;</HI> To call into the Court of Exche|quer, all per&s;ons accountable in &s;uch manner and form, as they ought to have been called in the &s;aid Court of augmentation.</P>
<P N="25">25. <HI>Item,</HI> That all Records of late being in the &s;ayd Court di&s;&s;olved, and belonging to the &s;ame Court &s;hall be recorded of the &s;ame court of Exchequer, and of the &s;ame force and &s;trength, as they were in the &s;aid late Court di&s;&s;olved.</P>
<P N="26">26. <HI>Item,</HI> A Leagure to be made of all &s;pe|cialties brought into the &s;aid Court.</P>
<P N="27">27. <HI>Item,</HI> That all Letters Patents, Grants, Leafes, and other A&s;&s;urances, made by the &s;ayd late Courts di&s;&s;olved, &s;halbe of the &s;ame force and &s;trength, as they were in the &s;ayd late Courts di&s;&s;olved.</P>
</DIV2>
</DIV1>
<DIV1 TYPE="part">
<HEAD>The Articles of the uniting of the late Court of uniting of fir&s;t Fruits and Tenths, to the Court of Exchequer at <HI>We&s;tmin&s;ter.</HI></HEAD>
<P N="1">1 FIr&s;t, Her Highne&s;s doth ordain, that all the Records of the &s;aid Court, of the fir&s;t Fruits and Tenths, &s;hall be hereafter pla|ced
<PB N="130" REF="70">
in the &s;aid Exchequer, and &s;hall be of the &s;ame force and &s;trength, as they were in the &s;aid Courts of the &s;aid fir&s;t fruits and Tenths.</P>
<P><HI>Item,</HI> her highne&s;s is plea&s;ed and ordaineth that there &s;hall be in the &s;aid Exchequer, a certain Office, called the Office of the Re|membrancer of the fir&s;t Fruits and Tenths which Office, for divers and &s;undry great con|&s;iderations for and at the fir&s;t erection only, &s;halbe exerci&s;ed by two per&s;ons by her high|ne&s;s to be nominated, which &s;hall joyntly ex|erci&s;e the &s;ame office during their lives, and after the death of the Survivor of them, the &s;aid office to be exerci&s;ed by one of them.</P>
<P><HI>Item,</HI> That all Records belonging to the &s;ame court of the fir&s;t Fruits and Tenths, &s;hall be in the charge and keeping of the &s;aid Officer.</P>
<P><HI>Item,</HI> That the &s;aid Officer &s;hall make and deliver the true values of all &s;pirituall promo|tions, dignities, and benefits within the Realm of <HI>England</HI> and <HI>Wales,</HI> and other the Queens Dominions to &s;uch per&s;ons as &s;hall &s;ue for them, taking for the &s;ame like fees as were wont to be paid before the di&s;&s;olution of the fir&s;t fruits and Tenths.</P>
<P><HI>Item,</HI> The &s;ame Officer &s;hall take compo&s;i|ions of the fir&s;t Fruits of every Arch Bi&s;hop
<PB N="131" REF="70">
prick, Arch-Desconry, Deanry, Prebendary, Par&s;onage, Vicaridge, and of every other dig|nity, office, benefice, promotion &s;pirituall a|fore&s;aid.</P>
<P N="6">6. <HI>Item,</HI> The &s;ame officer to make all wri|tings obligatory, Indentures, and all other writings concerning the &s;ame fir&s;t fruits and tenths, and &s;hall &s;ee the &s;ame &s;ealed and deli|vered, by the parties to the Queens highne&s;s u&s;e, and al&s;o &s;hall make Acquittances and o|ther di&s;charges to &s;uch as &s;hal pay their mony in hand without making bonds for the &s;ame, taking fees accu&s;tomed of the parties for the &s;ame.</P>
<DIV2 TYPE="section">
<HEAD>Lord Trea&s;urer.</HEAD>
<P N="7">7. <HI>Item,</HI> The &s;aid Lord Trea&s;uror to call &s;uch per&s;ons as &s;hall plea&s;e him to his a&s;&s;i|&s;tance at the declaration of the fore&s;aid ac|counts, or any officer or auditor of the &s;ame Court, that to them &s;hal be thought meet for the pa&s;&s;ing of the &s;ame accounts.</P>
<P N="8">8. <HI>Item,</HI> The accountant or accountants that &s;hall not come to determin his or their accounts in form afore&s;aid, his or their goods and lands &s;hall be &s;ei&s;ed to the Queens u&s;e, <HI>no|mine di&s;trictionis,</HI> and &s;hall loo&s;e the benefit thereof, and that &s;hall have the allowance of the &s;ame in di&s;charge of his debt according to the ancient cu&s;tom of the Exchequer.</P>
<P N="9"><PB N="132" REF="71">
9. <HI>Item,</HI> all <HI>Sci. fac.</HI> attachments, and writs of di&s;tre&s;&s;es for debts, or accounts concerning the premi&s;&s;es, &s;halbe made by the Trea&s;urers Remembrancer from time to time, as to the di&s;cretion of the Court in that be half &s;hall be thought meet and convenient, according to the ancient cu&s;tom and cour&s;e of the Court.</P>
<P N="10">10. <HI>Item,</HI> All Letters Patents of any Man|nors, land, tenements, or other hereditaments or concerning any annuities, pardons, or o|ther &s;uch like, &s;halbe inrolled in &s;uch office of the &s;aid Exchequer, as by the di&s;cretion of the Lord Trea&s;urer and the &s;aid Court &s;halbe ap|pointed, the parties to pay fines according to the ordinance and &s;tatute in that behalf pro|vided.</P>
<P N="11">11. <HI>Item,</HI> All recognizances of payments of any farm, or any debt, of or for any part of the premi&s;&s;es, to be inrolled in the Remembran|cers office, and to be taken in the open Court, when the Term is open, &amp; if the Term be not open, then by the chief Baron, and in his ab|lence, by any of the Barons, and by force of a <HI>Dedim. Pote&s;tat.</HI> if nece&s;&s;ity &s;hall require, ta|king for every &s;uch recognizince, taken out of the court, 6 <HI>s.</HI> 8 <HI>d.</HI> only what&s;oever number of per&s;ons be bound in the &s;ame, and for the entry of the &s;ame recognizance, the &s;aid Re|membrancer
<PB N="133" REF="71">
&s;hall have, and take for his fee of and for every Recognizance of 41. and up|wards, 3 s. 4 d and no other or more Fees to be taken for a Recognizance, what&s;oever number of per&s;ons be bound in the &s;ame.</P>
<P N="12">12 <HI>Item,</HI> that the &s;aid Sheriffs or other ac|comptants &s;hall yearly pay all &s;uch &s;ummes of money, as &s;hal be due to anie per&s;on or per|&s;ons for any Annuities, Fees, pen&s;ions i&s;&s;ueing or going out of any of the premi&s;&s;es according to their grants allowed and inrolled, unle&s;&s;e they &s;hall have &s;peciall Commandement by the Court to the contrarie.</P>
<P N="13">13. <HI>Item,</HI> that the Farmors, and Le&s;&s;es &s;hall be bound to the Queen, and by Recog|nizance to performe their Covenants in their Lea&s;es in &s;uch forme, as by the Court &s;hall be ordered.</P>
<P N="14">14. <HI>Item,</HI> all Warrants for lea&s;es to pa&s;&s;e by the Lord Trea&s;uror, and if the yearly rent of the land to be letten, &s;hall be above the &s;umme of forty &s;hillings by the yeare, then the &s;ame lea&s;e to pa&s;&s;e under the great Seale of <HI>England,</HI> and if the rent be above the value of 71. 13 &s;. 4 d. then every &s;uch le&s;&s;ee to pay the Fees of the Signet and privy Seale, as here|to fore in like Ca&s;es hath beene accu&s;tomed; And if the land to be letten, doe pa&s;&s;e not the
<PB N="134" REF="72">
yearly rent of 40 s. then the Lea&s;e to pa&s;&s;e the &s;eale of the &s;ame Court of Exchequer paying 6 s. 8 d. to the Queens u&s;e, 3 s. 4 d. to the Chancellor of the &s;aid Court, and 4 d. to one appointed to Attend the &s;eale for his Atten|dance, and wax. And the &s;aid Lea&s;es under the value of 40 s. to be alwayes made by the Clark of the Pipe, and filed together for every yeare by them&s;elves, and there to be inrolled within the &s;aid Office, as the &s;aid Clark of the Pipe may report the Indentures for the more &s;urety of the parties, taking for the inroll|ment as &s;hall be ordered by the Court.</P>
<P N="15">15. <HI>Item,</HI> the &s;aid Lord Trea&s;uror &s;hall not have any Authoritie to make any lea&s;e in Re|ver&s;ion of any part or parcell of the premi&s;|&s;es, or of any woods, or anie Mannors in gro&s;&s;e for the terme of certaine yeares without the Queens highne&s;&s;e &s;peciall Warrant to him to be directed in that behalfe, and then Warrant to be made by the Lord Trea&s;uror of <HI>England</HI> in forme afore&s;aid.</P>
<P N="16">16. <HI>Item,</HI> the Lord Trea&s;uror taking to him the Advice of the Chancellor, under-trea&s;u|ror, and cheife Baron or two of them, &s;hall have Authoritie to a&s;&s;e&s;&s;e Fines for any Lea|&s;es of any part or parcell of the premi&s;&s;es to
<PB N="135" REF="72">
be made by the &s;aid Lord Trea&s;uror in forme afore&s;aid.</P>
<P N="17">17. <HI>Item,</HI> the &s;ame Officer to write, and make all manner of proce&s;&s;e, Commi&s;&s;ions, Entries, Books, Judgments, and decrees of the Court, with all other writings and mini|ments what&s;oever, a&s;well for the arrerages of &s;uch fir&s;t fruits as for all Tenths, and Sub&s;idies of the Clergie due to her highne&s;&s;e heires, and Succe&s;&s;ors by &s;uch &s;peciall per&s;ons their Sure|ties, Farmers, and occupiers, taking therefore &s;uch Fees of the parties, as were u&s;ed before the di&s;&s;olution of the &s;ame Court of fir&s;t fruits and Tenthes.</P>
<P N="18">18. <HI>Item,</HI> all Certificats returned upon any Commi&s;&s;ion i&s;&s;ueing out of the &s;aid Court of Exchequer concerning anie fir&s;t fruits, Ten|ths, or Sub&s;idies afore&s;aid the valuation of any Ben<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">fice, or promotion &s;pirituall omitted in the fir&s;t Taxation or otherwi&s;e, for any mat|ter accu&s;tomed to be determined in the &s;aid Court of the Exchequer in the charge of the &s;aid Office, and there to be ordered.</P>
<P N="19">19. <HI>Item,</HI> all &s;uch Certificats as the Arch|bi&s;hops and other Collectors of the Tenths, and Sub&s;ides of the Clergie, made again&s;t the Incumbents re&s;u&s;ing to pay their Tenths and Sub&s;ides being exhibited before the
<PB N="136" REF="73">
Court of Exchequer, and by them allowed, &s;hall remaine in the Charge of the &s;aid office of the Remembrancer of the fir&s;t fruits, and Tenths, in the place to be appointed for the &s;ame, to the end that proce&s;&s;e may be made again&s;t &s;uch Incumbents as be in them con|tained.</P>
<P N="20">20. <HI>Item,</HI> that the &s;ame Officer &s;hall year|ly make a Leger of all Compo&s;itions of fir&s;t fruits taken, and to be taken, wherein &s;hall be contained the name and &s;hire of the Benefice &s;o compounded for, the &s;amm, and name of the Incumbent.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>Of Engli&s;h Bills and the proceedinges there|upon in the Exchequer.</HEAD>
<P>AN Engli&s;h bil is a petition in Engli&s;h ex|hibited by the plaintiff to the Lord Trea|&s;urer Chanceller and Barons of the exchequer in ca&s;e where the plaintiff &s;uppo&s;eth he hath right to recover the po&s;&s;e&s;&s;ion of lands or goods deteined from him or debts due to him or to have remedy for &s;ome other wrong done to him by the defendant that he hath noe evi|dence nor &s;pecialty to &s;hew forth nor can make any &s;uch proofe as is required by the &s;trict cour&s;e of the Common Law to recover
<PB N="137" REF="73">
or have remedy for the &s;ame, but &s;uppo&s;eth that it lyeth in the defendants owne know|ledge and that he will confe&s;&s;e the &s;ame in his an&s;were. And in ca&s;e where the plaintiffs &s;ued at Common Law for the po&s;&s;e&s;&s;ion of any lands or for any goods, chattells, Debts or o|ther things again&s;t which he can make noe &s;uf|ficient defence by &s;trict cour&s;e of the Common Law but in equity and good con&s;cience ought to be releived and get either wholly di&s;char|ged or the extremity mitigated and modera|ted and &s;uppo&s;eth that the defendant will confe&s;&s;e in his an&s;were the truth of the matter by him alledged.</P>
<P>Every plaintiff that &s;hall exhibite any &s;uch bill ought to be priviledged either in per&s;on as an Officer or Clerk of the Court or &s;ervant to &s;ome of them or an accomptant or Debtor to the king or otherwi&s;e or el&s;e in the cau&s;e as if that concerne the king in the inheritance, po&s;|&s;e&s;&s;ion or intre&s;t of any lands, tithes, offices, goods, chattels or Debts wherein the plaintiff likewi&s;e pretendeth to have Intere&s;t in right of the King. or if the plaintiff be&s;ued by Eng|li&s;h bill or action or extent or other proces in the &s;ame Court for the &s;ame matter.</P>
<P>The Kings Attorney al&s;o may exhibite En|gli&s;h Bills in the Exchequer for any matter
<PB N="138" REF="74">
concerning the King in inheritance or profits and in like manner any per&s;on that findeth him&s;elfe greived in any cau&s;e pro&s;ecuted a|gain&s;t him for and on the behalfe of the King or any patent by grant of the King may exhi|bite his Engli&s;h bill again&s;t the Kings Attor|ney and &s;uch others as are intere&s;ted in the cau&s;e to be releived in equity. In which ca&s;e the plaintiff mu&s;t Attend the Kings Attorney with a Coppy of his bill and procureth him to an&s;were the &s;ame and the Kings Attorney may call any that are intere&s;ted in the Cau&s;e or any officer or others to in&s;truct him herein touching the makeing his an&s;wer &s;o as the King be not prejudiced thereby and his an|&s;were is to be put in without oath.</P>
<P>The parties in every &s;uch bill between party and party mu&s;t &s;erve the defendant with pro|ces of <HI>Snbpena</HI> or if the defendant be a Baron of Parliament &s;pirituall or Temporall with a|letter under the hands of the Lord Trea&s;urer Chancellor Barons or &s;ome of them whereby he mu&s;t berequired to appeare at a day certain contained in the writ or letter proces of <HI>Sub|pena</HI> may be &s;ued forth either before or after the Bill exhibited And if the Defendant do not appere at the day of returne of the writ then upon <HI>Affidav.</HI> made of the &s;ervinge thereof an
<PB N="139" REF="74">
Atachment is made of cour&s;e again&s;t him for his contempts and after an <HI>al. pl.</HI> atachment an attachment with exclamation and after that either a writ of attachment of rebellion directed to the &s;heriff or a Commi&s;&s;ion of re|bellion directed to &s;uch Commi&s;&s;ioners as the plaintiff wil name for which Commi&s;&s;ion there mu&s;t be warrant of the court but when aletter is made to be &s;ent to any Baron or Bi&s;hopps for apparance before the Bill be in and if he will not appear upon that then proces of <HI>Sub-pena</HI> mu&s;t be &s;erved and upon default then proces of Contempt as afore&s;aid And the like cour&s;e of proces is to be per&s;ued again&s;t the defendant at the &s;uite of the Kings Attorney.</P>
<P>When the defendant doth appear if the Bill be not put in he may move to be di&s;mi&s;&s;ed with co&s;ts, whereupon the Court doth u&s;ually give three or four dayes to the plaintiff to put in his Engli&s;h bill or the Defendant to be di&s;mi&s;|&s;ed with co&s;ts upon a bill of co&s;ts to be Ten|dred by him to one of the Barons to be taxed.</P>
<P>And if the defendant do appear upon pro|ces of contempt he mu&s;t pay co&s;ts &s;uch as the Court &s;hall think fit according to the number of the proces that hath been pro&s;ecuted again&s;t him but the ordinary Co&s;ts in ten &s;hillings upon each Attachment.</P>
<P><PB N="140" REF="75">
After the defendant hath appeared he hath eight dayes of cour&s;e to make his an&s;wer to the bill and if he do that not with in that time a Rule is given of cour&s;e in the Book of ap|pearance for an Attachment within fower dayes, the defendants Attorney being called thereunto.</P>
<P>If the defendant do Demur upon the Bill for that neither the plaintiff nor the cau&s;e is privi|ledged for want of &s;ufficient matter of the bill or put in a plea in Bar of the proceeding upon the Bill, The plaintiff if he will maintaine his Bil mu&s;t move the Court for a day to heare the Coun&s;ell of both &s;ides and the Bill and Demurrer (if need be) if the Coun&s;ell do not agree in opening the matter.</P>
<P>If the defendant do plead any matter to bar the proceedings upon the bill (other Then matter of Record of the &s;ame Court) he mu&s;t be &s;worne to his plea as he likewi&s;e mu&s;t be &s;worne to his an&s;were if he an&s;were in the cheif of what quality &s;oever the defendant be Except it be the Kings Attorney who an|&s;wereth a bill again&s;t the King or a Corporati|tion who are &s;ued by the name of theire Cor|poration.</P>
<P>Al&s;o if the defendant doe make an in&s;uffi|cient an&s;were the plaintiff mu&s;t put in his ex|ceptions
<PB N="141" REF="75">
in writing and move the Court to give the defendant a day to amend or main|taine his an&s;were in which ca&s;e if the defen|dant be in Towne he is to take notice by the Order and to perform the &s;ame. But if he be gone before he is to be &s;erved with a <HI>Subpoena ad faciendum meliorem re&s;pon&s;ionem</HI> if his an|&s;were be over ruled upon heareing or an at|tachment made again&s;t him or an in&s;ufficient an&s;were is to an&s;were.</P>
<P>The defendant that hath dayes afore&s;aid either upon demurer, plea, or in&s;ufficient an|&s;were if he cannot maintaine the &s;ame but that the Court doth order him to make a bet|ter an&s;were, he mu&s;t pay &s;uch co&s;ts to the plaintiff as the Court &s;hall think fit, if he do maintaine his demurer he is to be di&s;mi&s;&s;ed with co&s;ts.</P>
<P>If the defendant put in plea where in he plea|deth matter of record to di&s;able the per&s;on of the plaintiff as outlawry or the like which is no bar to the matter but a delay of proceed|ing untill the plaintiff be inabled, to &s;ue he mu&s;t together with his plea produce the record which warranteth the &s;ame.</P>
<P>If the Defendant after he hath appeared and taken a copy of the Bill, findeth that he can not make an&s;wer to the &s;ame without &s;ight of
<PB N="42" REF="76">
his evidence, which are in the country far off or if there be more then one defendant, and, one or more appear, and the re&s;t do not ap|pear, and the defendants that do appear can|not an&s;wer without conference with the re&s;t that are in the country upon <HI>Affidavit</HI> made upon &s;uch or the like allegations, he may have time to an&s;wer, untill the beginning of the next Term, either in per&s;on, or by commi&s;&s;i|on, as the court &s;hall think fit.</P>
<P>Or if <HI>Affidavit</HI> be made, that the Defen|dant is aged, impotent or &s;ick, and not able to travell, he may have a commi&s;&s;ion to take his an&s;wer, and &s;ometimes when the Defendants dwell far off, the court, in favour doth grant a commi&s;&s;ion without any <HI>Affidavit,</HI> to take their an&s;wer in the country, in all which ca&s;es where a commi&s;&s;ion is granted for the defen|dant, the plaintiff may name one or two com|mi&s;&s;ioners, to &s;ee the defendant &s;worn to his an&s;wer, &amp; a promi&s;e mu&s;t be in the commi&s;&s;i|on, that the Plaintiff or his commi&s;&s;ioners &s;hal have notice of the day and place of execution thereof certain dayes before.</P>
<P>If the Defendant have matter to plead to an Engli&s;h bill, and be not able to come to put that in upon oath, he may by &s;peciall order of the Court, have a commi&s;&s;ion to take his plea
<PB N="143" REF="76">
and the plaintiff may proceed upon plea, as upon an&s;wer, if he think good, but if the De|fendant have the favor to take his an&s;wer or plea, he may not after put in a demurrer.</P>
<P>If the matter of the bill be releived again&s;t a &s;uit, at or in the Eccle&s;ia&s;ticall court, and the Defendant &s;tand in contempt, either for not appearing or not an&s;wering, or if he de|&s;ire to have a commi&s;&s;ion to take his an&s;wer, the court upon the motion of the plaintiff, doth u&s;uall &s;tay the Defendants proceedings untill he have an&s;wered another order there|upon taken either by injunction or order of the court.</P>
<P>If the Defendant be &s;erved with proce&s;&s;e to appear to a bill and be in pri&s;on, and will not appear, or if he do appear and be in pri&s;on, and will not an&s;wer, the court doth u&s;ually order, that he &s;hall be kept clo&s;e pri&s;oner un|till he yeild obedience to the Court.</P>
<P><HI>Quoere</HI> in the cau&s;e whether the Defendant hath appeared and will not an&s;wer (as in the Chancery &amp; Star Chamber) the Court will de|cree the matter again&s;t him for confe&s;&s;ed, that were to be &s;een if here be any order therefore made to the contrary in any argu|ment or debate in the matter, and what rea|&s;on
<PB N="144" REF="77">
there &s;hould be of a contrary cour&s;e in this Court.</P>
<P>After the Defendant hath an&s;wered (or be|fore if there be good cau&s;e) the Court doth grant injunctions, either by quieting of po&s;|&s;e&s;&s;ionor, &s;tay of &s;uits at the common Law, and the Eccle&s;ia&s;ticall courts untill the hearing of the cau&s;e, al&s;o there be pre&s;idents for &s;tay|ing of &s;uits in the &s;tar chamber and Chaneery and other courts of equity.</P>
<P>If the Defendant put in a demurrer with an an&s;wer over to the matter of the bill, the plaintiff may proceed upon that to bring the cau&s;e to hearing, and the Defendant at the hearing, may &s;tand upon the demurrer, untill the Court do over rule that, but after the an|&s;wer put in, the Court will allow no excepti|on to the Juri&s;diction.</P>
<P>When the Defendant hath fully an&s;wered, the plaintiff may if he will go to hearing upon bill, and an&s;wer, and may move the Court to have a day of hearing appointed, and &s;erve the defendant with proce&s;&s;e to attend the hearing. In which ca&s;e he mu&s;t admit the De|fendants an&s;wer to be true in all things, as well in that which is denyed, as that which is confe&s;&s;ed.</P>
<P>If the Plaintif do not find matter confe&s;&s;ed by the Defendant in his an&s;wer whereupon he
<PB N="145" REF="77">
may proceed to hearing, without proofs, then he mu&s;t reply to the &s;ame, maintaining his bil and denying and traver&s;ing the materiall points of the an&s;wer, wherein he may al&s;o add &s;uch further matter as &s;hal be pertinent &amp; ne|ce&s;&s;ary for him to prefer for the &s;trengthning of his bill, and avoiding the Defendants an|&s;wer, and mu&s;t &s;erve the Defendant with proce&s;s of <HI>Subpoena</HI> to rejoyn to the &s;aid repli|cation, except the Defendant be ordered to rejoyn gratis, as &s;ometimes that is ordered when the Defendant hath the favour to have a commi&s;&s;ion to take his an&s;wer.</P>
<P>When the cau&s;e cometh to hearing upon bill and an&s;wer, and the court &s;eeth no &s;uffi|cient matter confe&s;&s;ed in the an&s;wer to pro|ceed upon, the Plaintiff may de&s;ire, that he may reply and proceed to proce&s;&s;e, and the court allow him to do &s;o, e&s;pecially where the Kings Attorney is plaintiff for the King.</P>
<P>If there be more defendants then one, and they put in &s;everall an&s;wers, the plaintiff may reply to them all in one replication, but if the cau&s;e of &s;uit be joynt, and &s;ome of them an|&s;wer, and others do delay their an&s;wers, the plaintiff may not reply till all have an&s;wered, for if he do, he &s;hall wave his proceedings a|gain&s;t the re&s;t, and he cannot have a decree
<PB N="146" REF="78">
again&s;t &s;ome without the others. Neverthe|le&s;s if the cau&s;es of &s;uit be &s;everall the plaintif may reply and proceed to hearing with &s;ome, and after return to proceed with the re&s;t.</P>
<P>When the defendant cometh to rejoyn, if here be no new matter in the replication, he is to make his rejoynder of cour&s;e to maintain his an&s;wer, and it is not nece&s;&s;ary that he &s;hould rejoin but for formality, but if here be new matter in the replication, he mu&s;t rejoin &s;pecially to that, and likewi&s;e if there ari&s;e new matter in the defendants rejoynder, the Plaintiff mu&s;t &s;urjoyn, and &s;o as long as new matter doth pertinently ari&s;e in the pleading, they mu&s;t proceed with Rebutter, and &s;ur-re|butter, untill every point materiall be put in perfect i&s;&s;ue.</P>
<P>After they are at i&s;&s;ue, the plaintiff if he will may proceed to hearing, upon Records, and without examination of witne&s;&s;es, and the Defendant neverthele&s;s, may examine witne&s;&s;es if he will in convenient time, or if there have been any former examinations in the &s;ame cau&s;e, either between the &s;ame par|ties, or any other under whom they claim, ei|ther in the &s;ame Court or any other, the plaintif or the defendant may move the Court and de&s;ire to have them allowed, to be u&s;ed
<PB N="147" REF="78">
for evidence at the hearing, in which ca&s;e, the Court doth give a day to the other &s;ide, and upon hearing of both &s;ides, do allow or di&s;al|low them, as is then thought fit and accor|dingly they may prepare them&s;elves for proofs more or le&s;&s;e.</P>
<P>When the defendant is &s;erved with proce&s;s to rejoyn, and doth not appear, the plaintiff upon <HI>Affidavit</HI> made in the Term time of &s;er|ving the proce&s;s (if there be no new matter in the replication) may have a commi&s;&s;ion alone if the defendant will not joyn within a certain time, and then the plaintiff may have a com|mi&s;&s;ion to &s;uch as he &s;hall nominate to exa|mine his witne&s;&s;e.</P>
<P>If both parties joyn in commi&s;&s;ion, then ei|ther &s;ide is to name indifferent commi&s;&s;ioners and each party to choo&s;e two of the four na|med by the other, and the commi&s;&s;ion is to be directed to tho&s;e four agreed upon, and the plaintiff is to have the carriage of the commi&s;&s;ion, and is to give fourteene dayes warning (or &s;uch other warning as is agreed upon) of the day and place of execution thereof, except there be day and place appoin|ted in the commi&s;&s;ion, which &s;ometimes is done by agreement of the parties or by order of the Court.
<PB N="148" REF="79">
If the one &s;ide wil examin witne&s;&s;es by com|mi&s;&s;ion, and the other will not, yet he that will not examine may joyn in commi&s;&s;ion to &s;ee an indifferent examination if he will, and to that end &s;hall have warning of a day and place.</P>
<P>If the Defendant make default, and do not joyn in commi&s;&s;ion at the fir&s;t, yet if he come afterwards, and can &s;hew any rea&s;onable cau&s;e, why he did not joyn before, the Court will allow him to examin his witne&s;&s;es in rea|&s;onable time, or if a commi&s;&s;ion be taken out by one or both &s;ides, and not executed, but in part executed, where there is no wilfull default in the parties, but by &s;ome other acci|dent the execution is prevented, the Court upon motion and proof of the allegations will grant a new commi&s;&s;ion, 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 &s;ide, that he may the better prepare his wit|ne&s;&s;es, and interrogatories for a cro&s;&s;e exa|mination, in &s;uch ca&s;es the Court will give no favour to the party that &s;hall &s;o willingly or purpo&s;ely be negligent.</P>
<P>In &s;uch ca&s;e where the one &s;ide hath exami|ned all his witne&s;&s;es, and the other hath not,
<PB N="149" REF="79">
but hath the favour to have a new Commi&s;&s;i|on, that party that examined, may joyn in a new commi&s;&s;ion without charges, to &s;ee the Examination.</P>
<P>As the parties may examin their witne&s;&s;es before Commi&s;&s;ioners, &s;o they may likewi&s;e examin before the Barons in Court, &s;uch wit|ne&s;&s;es as they have in town at any time before publication. and they may have proce&s;s of <HI>Subpoena</HI> to bring their witne&s;&s;es before the Barons to be examined, and the like proce&s;s or the Commi&s;&s;ioners Warrant to bring their witne&s;&s;es before the Commi&s;&s;ioners the names of &s;uch witne&s;&s;es as are examined in Court, mu&s;t be delivered by either &s;ide, to the parties or their Attornyes in Court before their exa|mination, to the end that either &s;ide may ex|min him if they will.</P>
<P>The partys that will examin witne&s;&s;es, mu&s;t prepare their interrogatories ingro&s;&s;ed in parchment to be exhibited before the Com|mi&s;&s;ioners, the Baron before whom they will examin before any examination can be had, which interrogatories mu&s;t be drawn accord|ing to points in i&s;&s;ue, by the bill and an&s;wer, and other pleadings, and they mu&s;t not examin upon any thing that is not in the pleadings, if they do, that is to be &s;urpre&s;&s;ed, and there
<PB N="150" REF="80">
mu&s;t be no alteration of any interrogatories, nor addition of any, after the fir&s;t examinati|on, but if there be further examination that mu&s;t be upon the &s;ame Interrogatories that were fir&s;t exhibited, and if any examination be taken otherwi&s;e, it mu&s;t be &s;uppre&s;&s;ed whether it be by commi&s;&s;ion or in Court, ex|cept it be &s;o appointed by &s;ome &s;peciall order of the Court.</P>
<P>If a witne&s;s be examined of one &s;ide, and after be &s;erved with proce&s;s to be examined on the other &s;ide, and do refu&s;e to be exami|ned, the Court will not allow his depo&s;iti|ons to be u&s;ed, becau&s;e he hath &s;hewed him|&s;elf to be partiall.</P>
<P>After the witne&s;&s;es be examined, there mu&s;t be order for publication of their depo&s;i|tions, either by con&s;ent of both &s;ides, or by motion of the one &s;ide, and a day given to the other &s;ide to &s;hew cau&s;e why they &s;hould not be publi&s;hed, and the cau&s;e heard, at which day if nothing be &s;ayd to the contrary, they are publi&s;hed, and the cau&s;e is to be &s;et down afterwards for the hearing, at &s;uch time as the Lord Trea&s;urer and the Barons &s;hall ap|point.</P>
<P>After the day of hearing is &s;et down, the Plainti&s;&s; mu&s;t &s;erve the Defendant with pro|ce&s;s
<PB N="151" REF="80">
of <HI>Subpana, Ad audiendum judicium,</HI> returnable at a day and place appointed for the hearing, and in the mean time either party is to prepare his breviates, of his plea|ding and proofs to in&s;truct his coun&s;ell.</P>
<P>At which day the bill of cau&s;es is to be made ready and delivered to the Lord Trea&s;urer, Chancellor, and Barons in Court, wherein the cau&s;es are to be &s;et down in order as they were appointed, and &s;o the Court doth call for them, as they lye in the bill, and if both &s;ides be ready to proceed to hearing, the Plaintiffs coun&s;ell opening the materiall parts of the bill, and the Defendants coun&s;ell ope|ning his an&s;wer, and after debating thereof on both &s;ides, for the full opening to the mat|ter in que&s;tion 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, <HI>Secundum allegata &amp; probata,</HI> as if there be good mat|ter alledged, and &s;et forth in the bill and re|plication, and &s;ufficiently proved there by confe&s;&s;ion of the defendant in his an&s;wer, or by witne&s;&s;es, Records, or other evidence which cannot be di&s;approved by the Defen|dant, the Court doth make a decree for the plaintiff, but if there be good matter &s;et forth,
<PB N="152" REF="81">
and not proved, or good matter proved, but not &s;et forth in the pleadings, the Defendant and the cau&s;e is di&s;mi&s;&s;ed.</P>
<P>Sometimes the cau&s;e is di&s;mi&s;&s;ed upon ope|ning, for want of &s;ufficient matter, or for that it is meerly tryable at the Common Law, and &s;ometimes 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 cau&s;e is retained untill the hearing, and &s;ometimes when the que&s;tion is touching ac|counts and reckonings which are intricate, the cau&s;e is referred to auditors or Merchants by Commi&s;&s;ion to examin and try the &s;ame, and to mediate and end and determin if they can, or el&s;e to certfie the Court of their doing, whereupon the Court may further proceed) or if the que&s;tion be concerning the po&s;&s;e&s;&s;i|on of any lands demanded by the plaintiff which ly intermingled and di&s;per&s;ed with and among&s;t the Defendants lands, and by rea&s;on of a long and joynt occupation cannot well be known or di&s;tingui&s;hed, the one from the other, in &s;uch ca&s;e when that it appeareth to the Court that the plaintiff hath and ought to have Land &s;o intermingled, the Court doth award a commi&s;&s;ion to the Gentry of that County where the Land lyeth, to en|quire
<PB N="153" REF="81">
the certainty thereof, and to &s;et out, &amp; the metes and bounds of the &s;ame, and to cer|tifie the Court thereof, and in &s;uch like ca&s;es References and Commi&s;&s;ions are awarded.</P>
<P>If at the day of hearing the plaintiff be rea|dy, and the Defendant maketh default <HI>affida|vit</HI> is to be made of the &s;erving, the Defen|dant with proce&s;s, <HI>ad audiendum judicium,</HI> and the Court will proceed to hearing, and af|ter the plaintiffs bill be opened, the Defen|dants an&s;wer is to be read, and the plaintiffs proofs, whereupon the Court will decree or di&s;mi&s;&s;e the cau&s;e, or otherwi&s;e order that as &s;hall &s;eem fit but in &s;uch ca&s;e the Court doth not u&s;e to make a decree ab&s;olute, but to give a day to the Defendant to &s;hew what he can again&s;t that, at which day if he do come and endeavour to &s;hew cau&s;e to &s;tay the De|cree, and thereupon the Court doth proceed, and further hearing the plaintiff may require co&s;ts for his double attendance, by rea&s;on of the Defendants default.</P>
<P>If the Defendant be ready at the day of hearing, and the plaintiff make default, the Court doth di&s;mi&s;&s;e the Defendant with co&s;ts, except &s;ome good cau&s;e be &s;hewed to &s;tay that, and if that be put over till another day, the plaintiff is to pay co&s;ts to the Defendant, &s;uch as the Court &s;hall think fit.</P>
<P><PB N="154" REF="82">
When the Defendant is once &s;erved with proce&s;s, <HI>Ad audiendum judicium,</HI> although the cau&s;e cannot be heard at that time, or in that Term, he mu&s;t attend without any more proce&s;s, untill the cau&s;e be heard, &s;o long as the cau&s;e be continued in the bill of cau&s;es; but if the plaintiff be negligent, and will not endure to procure a hearing, but de&s;ire to continue that in the bill, to keep an injuncti|on on foot, or to &s;tay the Defendants cour&s;e at the common Law, or in any other Court, the Defendant may move for a di&s;mi&s;&s;ion of the cau&s;e, and the injunction may be di&s;&s;ol|ved, and that he may have co&s;ts.</P>
<P>Al&s;o if the plaintiff after an&s;wer put into his bill will delay the pro&s;ecution thereof, the Defendant may move to be di&s;mi&s;&s;ed with co&s;ts, whereupon the Court will find a day to &s;hew cau&s;e.</P>
<P>When a cau&s;e is ready for hearing, if the plaintiff delay the pro&s;ecution, or be negli|gent to procure a hearing, the Defendant may if he will, procure the cau&s;e to be &s;et for hearing, and &s;erve the plaintiff with pro|ce&s;s, <HI>ad audiendum judicium,</HI> At which day, if the plaintiff will appear, he may proceed to hearing, but if he will not, the Defendant may be di&s;mi&s;&s;ed with co&s;ts, and left at Liber|ty,
<PB N="155" REF="82">
if there were any injunction or order to re&s;train him.</P>
<P>If a Defendant dye after an&s;wer put in, and before the cau&s;e be determined, the plaintiff may put in a bill of Revivor again&s;t the heir, or Executor, or Admini&s;trator of the Defen|dant, as the ca&s;e &s;hall require, and the De|fendant in &s;uch bill of Revivor, &s;hall an&s;wer without oath, becau&s;e his an&s;wer is to no o|ther end but to &s;ubmit him&s;elf to the former proceedings and upon his an&s;wer the former proceedings are revived, and &s;hall &s;tand in the &s;ame ca&s;e as they did again&s;t the fir&s;t De|fendant that dyed, and the plaintiff and De|fendant may proceed further to bring the cau&s;e to hearing, in that &s;ame manner as that &s;hould have been proceeded in, if the fir&s;t De|fendant had lived, and in like, when the plain|tiff dyeth pendent like.</P>
<P>After a decree is made and pa&s;t again&s;t the Defendant, if he hath other matter which was not in i&s;&s;ue in the cau&s;e decreed, which he &s;uppo&s;eth will be &s;ufficient to overthrow the decree, he may exhibit a bill of Review upon that new matter, to rever&s;e the decree, but he mu&s;t perform the decree, and yeild obedi|ence to that, and if the bill of Review do not contain good and &s;ufficient matter, the De|fendant
<PB N="156" REF="83">
may plead the former matter, decreed in bar, of the proceedings upon the new bill, and that is not &s;ufficient for the plaintif in the bill of Review to produce new proofs though never &s;o good, that were not produced before, but the matter mu&s;t not be &s;uch matter as was not in the i&s;&s;ue before, and he may likewi&s;e ex|hibit his bill of Review of error in the former proceedings.</P>
<P>Sometimes the principall que&s;tion between the partyes is &s;uch, as admitting the truth of both &s;ides, yet it is doubtfull in Law to whom the Right belongeth, &s;o as the Court cannot make a decree untill the matter in Law be determined, whereupon a ca&s;e in Law is to be drawn and agreed upon of both &s;ides, and if there be any matter of fact nece&s;&s;ary to be proved for the making of the ca&s;e, witne&s;&s;es may be examined upon Interrogatories for that purpo&s;e, and when the ca&s;e is agreed up|on, &s;everall Copies mu&s;t be delivered to the Lord Trea&s;urer, Chancellor, and Barons, and is to be argued on both &s;ides, when, and as often as the Court &s;hall think fit, and &s;o be determined by decree or otherwi&s;e.</P>
<P>Sometimes when publication is over ha&s;tily gotten by the plaintiff before the Defendant hath fully examined his witne&s;&s;es, the Court
<PB N="157" REF="83">
upon <HI>affidavit</HI> by the Defendant, that neither he nor any for him hath &s;een the depo&s;itions of the witne&s;&s;es, doth admit him to examine &s;uch witne&s;&s;es, as he hath to examine.</P>
<P>Upon hearing of a cau&s;e, the Court doth allow Bills and an&s;wers, and other pleadings and orders and decrees of the Chancery, and other Courts, to be read for evidence, without any order of allowance, but no depo&s;itions of witne&s;&s;es taken in any other Court, nor in another cau&s;e in the &s;ame Court, without &s;peciall order.</P>
<P>And &s;omtimes (but very rarely) after publica|tion of both &s;ides, the Court doth allow them to examine witne&s;&s;es <HI>(ad informandum con&s;ci|entiam)</HI> in which ca&s;e the depo&s;itions that be taken, are not to be publi&s;hed but onely &s;een by the Court.</P>
<P>After a Decree is entred, that may be en|rolled and exemplified at the in&s;tance of either party, or of any el&s;e that de&s;ire that</P>
<P>If the po&s;&s;e&s;&s;ion of any Land be decreed a|gain&s;t the Defendant, the plaintiff may have an Injunction directed to him, and all that claim under him, commanding him and them to remove from the po&s;&s;e&s;&s;ion, and to yeild the &s;ame to the plaintiff and his A&s;&s;ignes, and if the Defendants di&s;obey that, the Court up|on <HI>affidavit</HI> made thereof doth u&s;ually grant
<PB N="158" REF="84">
an injunction directed to the Sheriff to re|move him, and to put the plaintiff in po&s;&s;e&s;|&s;ion.</P>
<P>If a decree be in any thing di&s;obeyed, either by the plaintiff or Defendant, or any other by their procurement, upon <HI>affidavit</HI> thereof made, an attachment is granted again&s;t &s;uch as have di&s;obeyed, another proce&s;s of contempt untill he be brought into Court to an&s;wer his contempt, and when he doth appear, if he deny the contempt alledged again&s;t him in the <HI>affid.</HI> he mu&s;t be examined upon Interrogatories, to be exhibited by the pro&s;ecutor of the con|tempt, before one of the Barons, which mu&s;t be upon the points mentioned in the <HI>affida|vit,</HI> and he mu&s;t be enjoyned by the Court, to attend and appear from day to day untill he be examined, and not to depart without li|cen&s;e of the Court, or if the Court think fit he is to be bound by Recognizance to the &s;ame purpo&s;e. After he is examined, if he have confe&s;&s;ed &s;ufficient matter of contempt, the pro&s;ecutor mu&s;t move the court to appoint a day to hear his examinations, at which day, both &s;ides are to attend, and &s;uch of the exa|minations to be read as are materiall, where|upon if that appear to the Court, that he hath ommitted any contempt worthy to be puni|&s;hed,
<PB N="159" REF="84">
the Court doth commit him to the Fleet and may impo&s;e a fine upon him, or not, as the ca&s;e requireth, where he is to remain du|ring the plea&s;ure of the Court, and untill he yeild obedience, and &s;ubmit him&s;elfe to the Court to perform the decree, or enter into Recognizance to perform the &s;ame, if the Court &s;o think fit, and he is to pay &s;uch co&s;ts to the pro&s;ecutor, as the Court &s;hall taxe.</P>
<P>If the Defendant upon his examination de|ny the contempt &s;uppo&s;ed again&s;t him, he may move the Court to be di&s;charged with co&s;ts, whereupon the pro&s;ecutor may de&s;ire to examine witne&s;&s;es to prove the contempt, ei|ther in court, or by commi&s;&s;ion. In which ca&s;e if the pro&s;ecutor take a commi&s;&s;ion, the de|fendant may de&s;ire to joyn in commi&s;&s;ion, to &s;ee a due examination of witne&s;&s;es, but not to examin any witne&s;&s;es except the Court doth &s;pecially order it &s;o, after which examination the Court doth appoint a day of hearing, at the motion of the pro&s;ecutor, or of the De|fendant, to convict or di&s;charge the defendant as the ca&s;e &s;hall then appeare</P>
<P>And the like cour&s;e is held for puni&s;hing or di&s;charging of contempts, &s;uppo&s;ed again&s;t the proce&s;s of the court, if the ca&s;e &s;o require.</P>
<P>A Bill may be amended by order of the
<PB N="160" REF="85">
Court, after the Defendant hath an&s;wered that upon payment of co&s;ts.</P>
<P>In all ca&s;es that are ordinary, the Court doth u&s;e to have the coun&s;ell of both &s;ides, &amp; thereupon to make &s;uch order as the ca&s;e re|quireth.</P>
<P>In every long vacation all the bills, an|&s;wers, Replications, Rejoynders, and other pleadings are to be taken from the common files, and all the pleadings in one cau&s;e are to be filed together with the Bill, by him that is towards the Bill, and to be entred in a booke kept for that purpo&s;e, in the title of that County, where the matter of &s;uit ari&s;eth, and to be numbred, and then filed, according to the number on the file for the &s;ame Coun|ty.</P>
<P>In ca&s;es of extraordinary contempts, the Court doth &s;ometimes &s;end a Me&s;&s;enger or a Serjeant at Armes to apprehend and bring in the Offender.</P>
</DIV2>
</DIV1>
</BODY>
<BACK>
<DIV1 TYPE="index">
<P><LIST>
<PB REF="85">
<HEAD>THE TABLE, Augmentation,</HEAD>
<ITEM>ARticles of the Court of augmentations, 119 ad 129</ITEM>
<ITEM>When united to the Exchequer, 120</ITEM>
<ITEM>Lord Trea&s;urers power thereby, 15</ITEM>
<ITEM>The Cheife Barons power thereby, 28</ITEM>
<ITEM><HI>Attorney,</HI> The Kings Attorney, his office place and power 39 63 88 ad 94</ITEM>
<ITEM><HI>Accounts,</HI> Scroul of accounts, what and by whom kept 56 73</ITEM>
<ITEM>Forfeitures thereupon 59</ITEM>
<ITEM>Auditors of the Exchequer, their office and duty 95</ITEM>
<ITEM>Attorneyes and Clarks in the Kings Remem|brancers office, 95</ITEM>
<ITEM>In the Pipe 96</ITEM>
<ITEM>In the office of pleas 97</ITEM>
<PB REF="86">
<ITEM>Attachment in the Exchequer, and when 139</ITEM>
<ITEM><HI>An&s;wer,</HI> What time to an&s;wer in the Exche|quer 140</ITEM>
</LIST>
<LIST>
<HEAD>B.</HEAD>
<ITEM>LOrd cheif Baron of the Exchequer, his office and power 23 24 26 27</ITEM>
<ITEM>How and where he giveth judgement 25</ITEM>
<ITEM>What he may do out of Court 26</ITEM>
<ITEM>Second Baron, his office place and power 29 30</ITEM>
<ITEM>What accounts he may take, 31</ITEM>
<ITEM>Third Baron, his office, place and power 32</ITEM>
<ITEM>What accounts he takes, 33</ITEM>
<ITEM>Fourth Baron, his office, place, and power, 34 35</ITEM>
<ITEM>What accounts he takes 36 37</ITEM>
</LIST>
<LIST>
<HEAD>C.</HEAD>
<ITEM>CHancellor of the Exchequer, his office and place 19 20</ITEM>
<ITEM>Commi&s;&s;ions awarded in open Court 25</ITEM>
<ITEM>Chamberlains, two, their office place and power, 37 38</ITEM>
<ITEM><HI>Communia,</HI> what it is 60</ITEM>
<ITEM>Cu&s;tomer, their a<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">counts where to be entred 73</ITEM>
<ITEM>Controller of the Pipe his office 85</ITEM>
<ITEM>Chamberlain, Under Chamberlains two, their
<PB REF="86">
Office and power 117</ITEM>
<ITEM>Crown, Court of Revenues, Sheriffs articles annexed to the Court of Exchequer at <HI>We&s;t|min&s;ter,</HI> 119</ITEM>
<ITEM>Content of the &s;aid articles 119 120 and 129</ITEM>
<ITEM>Co&s;ts, when, and for what payable 139</ITEM>
</LIST>
<LIST>
<HEAD>D.</HEAD>
<ITEM>DEcree, who may make decrees in the Ex|chequer 567</ITEM>
<ITEM><HI>Dies datus,</HI> what 5658</ITEM>
<ITEM><HI>De debitis plurimum,</HI> what 71</ITEM>
<ITEM><HI>De pluribus debitis,</HI> what Ibid.</ITEM>
</LIST>
<LIST>
<HEAD>E.</HEAD>
<ITEM>EScheator, <HI>Nomina E&s;caetor.</HI> what 65</ITEM>
<ITEM>Their account, where entred 72</ITEM>
<ITEM>Engli&s;h Bills in Exchequer, and the procee|dings thereupon 136 ad fin.</ITEM>
<ITEM>What may be &s;ued for there, and by, and a|gain&s;t whom 137</ITEM>
</LIST>
<LIST>
<HEAD>F.</HEAD>
<ITEM>FInes upon informations, by whom &s;et, and where tis chargeable. 28 29</ITEM>
<PB REF="87">
<ITEM>Who may be fined and when, 61</ITEM>
<ITEM>Fifteens, how to be accounted for, and where, 74</ITEM>
<ITEM>Fee-farm Rents, upon whom chargeable 77</ITEM>
<ITEM>First fruits and Tenths, the Remembrancer thereof 84</ITEM>
<ITEM>The Court thereof united to the Exchequer, 129</ITEM>
<ITEM>The Articles of uniting 129 ad 136</ITEM>
</LIST>
<LIST>
<HEAD>H.</HEAD>
<ITEM>HOmage, re&s;pit of homage, what 64</ITEM>
<ITEM>Fines for it, and by whom payable, 64 65</ITEM>
</LIST>
<LIST>
<HEAD>I.</HEAD>
<ITEM>JU&s;tices of Peace, their wages, how, and by whom payable 81 82</ITEM>
</LIST>
<LIST>
<HEAD>M.</HEAD>
<ITEM>MOney, warrants for mony, by whom made and to whom, and for what, 10 11 13 16</ITEM>
<ITEM>Mar&s;hall of the Exchequer, his office and duty, 104 105</ITEM>
<ITEM>Me&s;&s;engers of the receit, their office 118</ITEM>
</LIST>
<LIST>
<PB REF="87">
<HEAD>N</HEAD>
<ITEM><HI>NEC non ad o&s;tendendum,</HI> what, and the progre&s;&s;e therein 62</ITEM>
<ITEM>Admittance thereupon, by whom 62</ITEM>
<ITEM><HI>Nomina Vic.</HI> What 65</ITEM>
<ITEM><HI>Nihil,</HI> Clerks of the <HI>Nihils,</HI> his office 81: 101</ITEM>
</LIST>
<LIST>
<HEAD>O</HEAD>
<ITEM><HI>O Blata,</HI> what and upon whom chargeable 78</ITEM>
<ITEM>Oppo&s;er, Forraine Oppo&s;er, what, and his office 80. 87</ITEM>
</LIST>
<LIST>
<HEAD>P</HEAD>
<ITEM>PRoffers in the exchequer, what, to whom made, and when forfeited 54. 55. 58.</ITEM>
<ITEM>Rolls of proffers, by whom kept 54.</ITEM>
<ITEM>Pipe, <HI>Schedula pipe,</HI> what 66.</ITEM>
<ITEM>Clerk of the pipe, his office 66 67</ITEM>
<ITEM>Pre&s;ts, <HI>Auditor</HI> of the pre&s;ts, what, and his office 83 84</ITEM>
<ITEM>Pleas, Clerk of the pleas, his office 86 87</ITEM>
<ITEM>Parcellmakers 2. their office and duty 99</ITEM>
<ITEM>Pray&s;ors of the Court, who, their office 106</ITEM>
<ITEM>Pelle, Clerk thereof, his office and duty 111</ITEM>
<PB REF="88">
<ITEM><HI>Pellis recepti, &amp; pellis exitus,</HI> What 111</ITEM>
<ITEM>Controller thereof, his office 112</ITEM>
</LIST>
<LIST>
<HEAD>R.</HEAD>
<ITEM>REmembrancer, Kings Remembrancer, his office duty and power, 40 443 244 45 ad 53</ITEM>
<ITEM>Who are accountable before him 41</ITEM>
<ITEM>Trea&s;urers Remembrancer, his office, place, du|ty and power, 53 ad 70</ITEM>
<ITEM>Records, when to be made up cleer 69</ITEM>
<ITEM><HI>Rotulus examinatus,</HI> who 75 76</ITEM>
<ITEM>His office and duty 76</ITEM>
<ITEM>Receivers, their office and duty 94</ITEM>
<ITEM>Receit, Auditor thereof his office 113 ad 116</ITEM>
</LIST>
<LIST>
<HEAD>S.</HEAD>
<ITEM>STreats, by whom receivable 68</ITEM>
<ITEM>Clark of the Streats, his office <HI>ibid.</HI> 69 82</ITEM>
<ITEM>Sheriff, for what he is chargeable, as to him&s;elf or predece&s;&s;or upon account, 71 72 79 81</ITEM>
<ITEM>Sub&s;idies how to be accounted for, and where 74</ITEM>
<ITEM>Solicitor, Kings Sollicitor, his office, place and power; 94</ITEM>
<ITEM>Surveyors their office and duty 95</ITEM>
<PB REF="88">
<ITEM>Seal of the Court, what 102 103</ITEM>
</LIST>
<LIST>
<HEAD>T</HEAD>
<ITEM>TRea&s;urer, Lord Trea&s;urer his office 217</ITEM>
<ITEM>How made 12</ITEM>
<ITEM>How far, and to what his power extends in &s;e|verall things 3 4 6 7 8 9 1 2</ITEM>
<ITEM>Tallyes, joyners thereof, their office and duty, and cutters thereof 98 112</ITEM>
<ITEM>Tellers of the Exchequer four, their offices and dutyes 107 108 109 110</ITEM>
</LIST>
<LIST>
<HEAD>U</HEAD>
<ITEM>UNder Trea&s;urer, his office &amp; power 21 22</ITEM>
<ITEM>When fir&s;t made, and who 21</ITEM>
<ITEM>U&s;her, chief U&s;her his office and duty 103 104</ITEM>
<ITEM>Ordinary U&s;hers, their office and duties 105</ITEM>
</LIST>
<LIST>
<HEAD>W</HEAD>
<ITEM>WOod Sales, who may make them 10</ITEM>
<ITEM>Roll of Writs, what and by whom kept, 56</ITEM>
<ITEM>Wardrobe, <HI>Magna guardrobe roll,</HI> what 75</ITEM>
</LIST></P>
<TRAILER>FINIS.</TRAILER>
</DIV1>
<DIV1 TYPE="license">
<PB REF="89">
<HEAD><HI>June</HI> 19^t^h. 1658.</HEAD>
<P>HAving peru&s;ed this di&s;cour&s;e of the Scrip|ture's inviolable Authority, Certainty and Truth, I find it (in its proportion) as the Scrip|ture it &s;elf is, <HI>profitable for Doctrine, for Reproof, for Correction, for In&s;truction in Righteou&s;ne&s;s;</HI> and therefore Judge it very u&s;eful, to confront the Bla&s;phemy of bold Anti&s;cripturi&s;ts, to con|firm the weak in Faith, and to rai&s;e the value of (which cannot be overvalued) the Holy Scripture in the hearts of all true Beleevers.</P>
<CLOSER><SIGNED>Jo&s;eph Caril.</SIGNED></CLOSER>
<CLOSER><SIGNED>Unto this atte&s;tation, given by my Reverend Brother, I willingly &s;ub|&s;cribe.
EDM. CALAMY.</SIGNED></CLOSER>
</DIV1>
</BACK>
</TEXT>
</EEBO>
</ETS>
