De republica Anglorum The maner of gouernement or policie of the realme of England, compiled by the honorable man Thomas Smyth, Doctor of the ciuil lawes, knight, and principall secretarie vnto the two most worthie princes, King Edwarde the sixt, and Queene Elizabeth. Seene and allowed.

Of the sherife of the shire, and of the court of exchequer. CHAP. 14.

THe Romans had to execute the commaundementes of the magistrates Lictores, viatores, accensos. The ci∣uill lawe sith that time hath other names, termes, and officers. The execution of the commaundementes of the magistrates in England is ordinarily doone by the sherifes. The sherife (which is as much to say as the Réeue or Bayly of the shire) is properly word for word Questor prouinciae: it is he which gathereth vppe and ac∣compteth for the profittes of the shire, that come to the exchequer. The exchequer (which is fiscus principis, or aerarium publicum, and I cannot tell in what language it is called Scaccarium, some thinks that it was first cal∣led statarium, because that there was the stable place to account for the reuenues of the crowne, aswell that which came of the patrimony which we cal the demeas∣nes: as that which commeth of other incident acquisi∣tions be they rentes, customes, tenthes, quinziesmes, taxes, subsidies, wheresoeuer the Prince or his court be according to the time and occasion) was a place sta∣ble, continual and appointed for to recken and account. The hearers of the account (who in latin may be called tribuni aerarij) haue auditors vnder them which the La∣tines doe call Rationales: but they are the chiefe for the accounts of the Prince, and may be called Iuridiciratio∣nales, in English we cal them Barons of the exchequer,

whereof is one who is called the chiefe Baron, as Tri∣bunus or Iuridicus rationalis primus or princeps. The chiefe of all is called high treasurer of Englande, as you would say in latin Supremus aerarij anglici quaestor, or Tribunus aerarius maximus. In this court be heard Qua∣druplatores (which we call promoters) which be those that in popular and penall action be delatores, hauing thereby part of the profit by the lawe assigned. In this court if anie question be, it is determined after the or∣der of the common lawe of Englande by the xij men as I haue saide: and all customers which were in latin called publicarij in gréeke 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, do account in this office. The Sherife of the shire is called in our common latin vicecomes, as one would say vicarius comitis or procomes, doing that seruice to attende vpon the execution of the commaundementes of the Tribunalles or Iudges which the Earle or countie should doe, which Earle or Countey for the most part was attending vppon the Prince in the warres or otherwise about the Prince as the worde beareth, Comes principis: whereby it may appeare that the chiefe office of the Countie or Earle was to sée the kinges Justice to haue course and to bee well executed in the shire or Countie, and the Princes reuenues well answered and brought in aerarium prin∣cipis, which is called of vs the treasurie.

If any fines or amerciaments, which in latin be cal∣led mulctae, beleuied in any of the saide courtes vpon a∣ny man or any arrerages of accountes by the latins called reliqua, of such thinges as is of customes, taxes, subsidies or any other such occasions, the same y^e sherife of the shire doth gather and is respondent therefore in the exchequer. As for other ordinarie rentes of patri∣moniall landes and most commonly for the taxes, cu∣stomes, and subsidies, there be particular receiuers and collectors which doe answere it into the exchequer. The sherife hath vnder him an vnder sherife at his

charge and appointment learned somewhat in the law, especially if he be not learned himselfe, & diuers bailifes which he called errantes, whom he maketh at his plea∣sure, who can knowe ech lande and person in the shire, and their abilitie to goe vppon enquestes, either to di∣streine or to summon him to appeare whom the sherife shal appoint, and for this cause to the sherifes as to the minister most proper of the lawe the writtes be di∣rected.

When any thing commeth to an issue of the déede or fact, there is a writ or writing directed to the she∣rife of the shire where the lande is, whereupon the con∣trouersie is, or where the man dwelleth of whom the money is demaunded, which writ is called venire faci∣as. Then after the same effect an alias, pluries or distrin∣gas according to the nature of the action to the returne of the sherife. And if for any disobedience of not com∣ming and appearing there be a fine (which the latins doe call Mulcta) set vpon any iurors head, the sherife is charged with it, and taketh the distresses which in latin be called Pignora, and answereth therefore to the exchequer. The sherife also is readie by himselfe or by his vndersherife to serue aswell the Iustices of peace in their quarter sessions as y^e Iustices called Itinerantes in their great assises, when they come into the shire, which is twise in the yeare, to dispatch and voide acti∣ons criminall and ciuil depending at the common law, and which be come nowe to the issue. He hath also the charge of all the prisoners cōmitted to y^e prison which we call the gaole, and when any is condemned to die, it is his charge to sée the sentence executed. To be short, he is as it were the generall minister and highest for execùtion of such commaundementes according to the lawe as the Iudges do ordaine, and this is ynough for the sherife.