A short treatise touching sheriffs accompts written by the Honourable Sir Matthew Hale ... ; to which is added, A tryal of witches, at the assizes held at Bury St. Edmonds, for the county of Suffolk, on the 10th of March 1664, before the said Sir Matthew Hale, Kt.

CHAP. X. The Fourth Period of the She∣riffs Firmes from the y••ar, 1650 unto this day, and how they were answered in that interval.

IN the times of the late troubles, viz. 6. Julii, 1650. there was an order made in the Court of Exchequer touching the Sheriffs Firmes and the Vicontiel Rents, which because it hath set a Rule in this Business, which to this day is observed, I shall here transcribe verbatim.

Whereas the Sheriffs of several Counties of England stand char∣ged in the great Roll of the Pipe, and have so stood charged anci∣ently with divers Summs of Mo∣ney

in gross, sub nomine Viceco∣mitis, under the several Titles of de rem’ Firm’ Com’ post terras da∣tas: de veteribus Cr̄i Comitatus. De Firma de proficuo Comitatus. De Cornagio. De Warda Castri. De Firma perprestur & escaet. De emersis Firmis. De minutis particulis. Serjantia de tr̄is As∣sart’ infra diversas Forestas, and the like. And the said Sheriffs yearly, and from year to year, have been and still are comman∣ded by the Summons of the Pipe, to levy the same as heretofore to the use of the Crown, so now to the use of the Common-wealth, without expressing where, of whom, for what cause, or out of what Lands or Tenements the same are particularly to be levi∣ed by the said Sheriffs, or out of what particulars the said Summs in gross do so arise; in regard whereof, and that it hath hereto∣fore appeared in the time of King H. 8. upon complaint of the She∣riffs,

that a great part of the par∣ticular Rents and annual Summs of Money, wherewith the said Sheriffs do stand charged upon their Accompts in gross, had been long before that time payable by Monasteries, Abbots, Priors, at∣tainted Persons, and the like, whose Estates were come to the Crown, and so ought to be dis∣charged by unity of possession; and yet that the said Sheriffs were still charged in gross with the same, to their great burthen and grievance; it was in the 34th year of the said late King H▪ 8. enacted by Parliament in the case of these Sheriffs, and of all Sheriffs for the time to come; that the said Sheriffs should be charged to answer upon their Ac∣compts yearly such Rents and Summs of Money of the natures aforesaid onely, as by the parti∣cular Rentals or Vicontiels, by them to be yearly delivered in upon oath, they should set forth

and make appear to be by them leviable; and that they should be discharged of all the residue which they upon their Oaths should affirm to be illeviable, by virtue of the said Act of Parlia∣ment, which hath been so con∣tinued accordingly, ever since. Howbeit the Sheriffs have from time to time complained, and still complain against the writing forth of more to be levied and answered by them upon their Ac∣compts, than such Rents and Summs of Money onely as ap∣pears upon the oaths of their predecessors, Sheriffs, to be le∣viable; and that the rest, ap∣pearing to be illeviable, ought to be removed out of their said annual Roll, and Commissions thereupon to be awarded out of the Exchequer, for reviving the same according to the true in∣tention of the said Statute of 34 H. 8. which the now Lord chief Baron, and the rest of the

Barons, taking into their serious consideration, and being willing and desirous, so far forth as may stand with the preservation of the due rights of the Common∣wealth, to give all fitting ease and satisfaction to Sheriffs there∣in, according to the meaning of the said Statute of 34 H. 8. and according to the Statute of Rut∣land, 10 Ed. 1. whereby it is provided that nothing shall be written out to the Sheriffs but such Firmes and Debts whereof there is some hope that some∣thing may be levied. And that all dead Firmes and desperate Debts are to be removed from the annual or great Roll into the exannual Roll, and not to be written forth in process to the Sheriff, but to be inquired of to see if any thing may be revi∣ved. Whereupon the said Lord chief Baron and the rest of the Barons, calling before them the Clerk of the Pipe, with the Se∣condaries,

and the rest of the sworn Clerks of the said Office, and upon debate of the business, finding it to be a work of great difficulty, labour and care, to examine and set forth in every County, from the Originals and Records of such antiquity to be compared with later times, the particulars which are from hence∣forth to be written to the Sheriffs to levy in certain. And such as are for the reasons aforesaid to be re∣moved out of the said annual Roll have nevertheless in ease of all Sheriffs for time to come, with respect to the labour and care of the Officers and Clerks to be by them undergone therein. It is this day ordered that the Clerk of the Pipe, the Secondaries and other sworn Clerks of the said Office in their several assignments shall in pursuance of the said Statute of Rutland, and the said Statute of 34 H. 8. use their best endeavour, diligence and care,

with as much convenient speed as a work of so great labour and consequence may well be perfor∣med, fully to explain and set forth, and shall from henceforth fully explain and set forth, in the subsequent annual Roll of this Court, so many of the particu∣lar Rents as they find out and discover by any of the Remem∣brances, Books, Vicontiels of Sheriffs, or other Records of this Court, to have been, and which be appertaining to the making up of every of the said Firmes so charged in gross Summs as afore∣said, and shall therein distinguish which and how much of those particular Rents have been and are to be yearly answered.

And so much of the said Firmes as cannot be explained by setting forth the particulars, together with the particulars so set forth and explained, which have been in decay and unanswered by the space of forty years last past, and

which are become illeviable, shall be thereupon removed and con∣veyed out of the said annual Roll and Sheriffs Accompts into the exannual Roll of this Court. And that Commissions and Pro∣cess shall be from time to time a∣warded to regain and recover the same, according to the true in∣tention of the said Statutes.

This Order produced these Ef∣fects.

I. Great care was taken to col∣lect and set forth the obscure Rents, and upon what they were charged.

II. The particulars of those Rents and Vicontiels that made up the Sheriffs Firmes formerly, of Rema∣nent’ Firme post terras datas, and De Cremento Comitatus, as also those Rents that were charged upon the Sheriffs in gross Summs, as De diversis Firmis, De minutis particu∣lis Serjantiarum, and such other

charges in gross were wholly left out and omitted.

IV. Instead thereof such parti∣cular Rents and Vicontiels as made up formerly these Firmes and gross charges, or Money of them as could be discovered were particu∣larly written out in the Summons of the Pipe, and in the great Roll first under the title of several Hun∣dreds, wherein the Bills lay that were charged or had any Lands charged within them with these Vicontiels and the several Vills un∣der the Titles of these Hundreds, and the several Lands that were charged within those Vills, as far forth as could be discovered.

V. Those Vicontiels that were part of those Firmes or gross char∣ges, and likewise such particular Rents charged formerly in the an∣nual Roll in particular, which had not been answered in forty years before, were removed out of the

Summons of the Pipe and great Roll into the exannual Roll to be put in process as they could be dis∣covered. And thus the form of the charge which had continued ever since 10 E. 1. as to the Firmes and gross Summs, was too lately chan∣ged to the great ease of the Sheriffs, of the Court and of the People, who were often harassed by the Sheriffs to make themselves savers, by levying these obscure incertain and illeviable Summs. And all this without any detriment to the King who indeed before had an appear∣ance of great Firmes and Summs ex∣pressed in the Summons of the Pipe and great Roll, which yet were sworn off too little by the She∣riffs in pursuance of the Statute of 23 E. 6.

VI. But besides all this, the Fir∣ma de proficuo Comitatus was also wholly laid aside and put out of the charge of the Summons of the Pipe and the great Roll. It is true

there is no clear warrant for put∣ting the Firme out of charge by that order, for that order seems to extend onely to Rents and Viconti∣els, which indeed made up the o∣ther in Firmes and gross Summs charged upon the Sheriffs. But this Firme was answered for the profits of Courts and other casu∣al perquisites, and not in respect of any Vicontiel or annual Rent. But yet for all that, the true extent of that order might extend to put that Firme wholly out of charge, since it is apparent that the profits of the Sheriffs Courts whether Hundred-Courts, County-Courts or time, do scarce quit the charges of keep∣ing them at this day, nor for a long time past. Neither is the King de facto at any loss thereby, for though before this order this Firme was in∣deed in charge and carried the shew of some benefit to the King, yet it was wholly sworn off by the She∣riffs by virtue of the Statute of 2 and 3 E. 6.

Onely it seems reasonable that though the Firma de proficuis be put out of charge so that the She∣riff should not be compelled to an∣swer a Firme to that which yields little or no benefit, yet that the She∣riff should be charged to accompt for the Proficua Comitatus as Bayly or Custos though not as Firmor.

And that therefore there should stand in charge upon him to ac∣compt de Proficuis, which is all that I can find considerable to be sup∣plied in that order, orvin the pre∣sent methodizing of the great Roll in relation hereunto. And although this order was made in the late time of trouble, yet it hath obtained and stood in force unto this day.

The late Act of this Parliament intituled An Act for the preventing of the unnecessary delays of She∣riffs, &c. hath this Clause sutable to the said order, viz.

And to the end that Sheriffs may for the time future be eased

of the great charge and trouble which they heretofore have been put to in passing their Accompts in the Exchequer, occasioned part∣ly in regard that divers Summs of Money have stood charged upon them in gross without ex∣pressing from what persons, or for what cause, or out of what Lands and Tenements, the same are particularly to be le∣vied, or out of what particu∣lars the said Summs in gross do arise, whereby it cometh to pass that the Sheriffs do still stand charged in gross with divers Summs of Money which were heretofore payable by Abbots▪ Priors, Persons attainted, and such other Persons, whose E∣states are since come to the Crown, or are otherwise dis∣charged or illeviable. And part∣ly by the Accompt of Seisures, or foreign Accompts, and by exaction of undue Fees of She∣riffs upon their opposals. But it

is enacted, &c. that no Sheriffs shall be charged in accompt to answer any illeviable Seisure, Firme, Rent or Debt, or either Seisure, Firme, Rent, Debt or other matter or thing whatsoe∣ver, which was not writ in pro∣cess to him or them to be levied wherein, the persons of whom, or the Lands and Tenements out of which, together with the cause for which the same shall be so levi∣ed shall be plainly and particu∣larly expressed, but shall be there∣of wholly discharged without Pe∣tition, Plea or other trouble or charge whatsoever.

This Act had in effect discharg∣ed the old charges in gross, had not this business been before setled by the order of 1650. But by that order the same thing is done and much more, and put into a very good order.

And thus I have done with this ••ntricate Argument touching the

Sheriffs Firmes. And the occasion of my strict enquiry into it was, a difference between the Auditors and the Clerk of the Pipe: upon the whole debate whereof, I found onely these matters.

1. That, in truth, the great oc∣casion of complaint was, that the Clerks of the Pipe used different methods of accompting from the Auditors of the Revenue, the not observance whereof occasioned a mistaken representation by the Au∣ditors that there was a deceit in their Accompts, whereas it appear∣ed to be no such thing: for when both accompted their several ways, the issue was that the Accompts a∣greed in the conclusion.

2. That the Firme de proficuo Co∣mitatus was put out of charge with∣out Warrant, and it was thought by the Auditors, a great and conside∣rable loss to the Crown, supposing that the Fees for execution of Pro∣cess

and Writs were to make up that Firme: but this is sufficiently unriddled before.

3. That there was an allowance to the Sheriff of Bucks of a conside∣rable yearly Summ, ut Apparatori Comitatus: This indeed ought not to be allowed at this day, the rea∣son thereof ceasing as hath been shewed; and therefore from hence∣forth that charge is to be disallow∣ed, but the Clerk of the Pipe not greatly blamable herein, because there was an order of the Court in the Queens time for making that allowance: But the reason where∣upon that order was made was a mistake and an errour in the Court not in the Clerk that followed the order.

4. That there is no accompt gi∣ven for the Firmes of Baylywicks as was anciently; which indeed, was parcel of the Proficuum Comi∣tatus, as hath been shewed. But

the truth is, there is no great rea∣son for any such complaint▪ the Firmes of Baylywicks being taken away by Act of Parliament, and levy disused in most places.

5. That when a Sheriff is in Surplusage they make it good un∣to him out of any other debt by the Sheriff himself, or any other Sheriff of the same or any other County, without any Warrant from my Lord Treasurer or the Court. And besides that, the other Sheriff is discharged upon the Roll of his Debt, and it doth not appear upon what reason. And indeed, this is a thing fit to be reformed, and that such allowances be not made without Warrant from the Lord Treasurer, or Order of Court, and that an En∣try or Memorandum thereof be made upon the Roll of the Debts so discharged. But yet, the truth is, this manner of allowance hath been a long time used, and it is no novelty or late attempt, neither is there any great

damage to the King by it, for it is but the payment of one real Debt with another. But howsoever, this is fit to be reformed by order of the Court that the Sheriffs deliver not in the Roll of the Vicontiel as is required by the Statute. And it is true, he ought to doe it or should be sworn thereunto. But the ne∣cessity is not now so great, because the particular Rents are now char∣ged upon the great Roll by virtue of the order of 1650, which doth in a great measure supply that defect, and yet the delivery in of the Vicon∣tiel Roll may be fit to be revived.

The most of the rest of the complaints were touching particu∣lars mischarged, or not charged, but the Errours were rather in the Complainers than in the Pipe, and for want of a clear understanding of those intricate and obscure pro∣ceedings of the Pipe. And upon a full search of the particulars, I find the Clerks of the Pipe gave very clear satisfaction therein.

Upon the whole matter of these Accompts, I do observe these Two or Three Observables.

I. That the inconvenience of re∣taining the old formalities of pro∣ceedings, the same terms and words, and very same mood of all things in Accompts, when the nature of things and times requires a change, and accommodation of new forms or expressions as a piece of hurtfull superstition; therefore, although the change of forms of this nature is not to be done rashly and preci∣pitantly, yet when the exigence of things requires it, there must be an accommodation to the present use, understanding and exigence of af∣fairs.

And hence it is that the Ac∣compts of the Auditors of the Re∣venue are more easily intelligible as being framed to the use and exi∣gence of the times; but the Ac∣compts of the Pipe more mysterious

and perplexed, to persons unac∣quainted with them, for till 10 E. 1. they kept in all things the precise form of writing their great Roll, as had been used in King Stephen's time. And the same form they kept untill 1650, abating the alte∣rations made in 10 E. 1. not with∣out great inconvenience to the King's people and Sheriffs.

II. That these small Rents and Vicontiels would be with much more advantage to the King, and be sold off to the several Persons and Townships chargable therewith, than be kept in method of collecti∣on, as now they are, unless some more ready collecting of them by the Receivers could be thought up∣on, provided the Money arising by sale be laid out presently in more certain Revenue: For, 1. They are in respect of their smallness, and dispersedness, and uncertainty of charge and manner of collecting very subject to be lost, as they

have been commonly from time to time. 2. The charge of collecting and accompting for them by the Sheriff is very great, and the trouble and charge to the people very much more. 3. The cost and trouble to the King in respect of Officers wri∣ting and other matters relating there∣unto, might be well retrenched there∣by. And yet when all is done, it brings a great trouble, and makes a great noise as if it were a Revenue of great moment, and yet by that time the Sheriffs have done swearing of particulars as illeviable, or that they know not where to charge it, it be∣comes a very pitifull inconsiderable business, and scarce answering the charge of the collecting, accompting and answering it. For it must be observed that although by the order of 1650, the charge is more cer∣tain than formerly, yet the Sheriff hath still by the Law the benefit of the Statute of 2 and 3 E. 6. even as to those ascertained Rents, and if he cannot find them he is, and ought

to be discharged upon his oath there∣of. And accordingly is daily dis∣charged of many of those Rents though rendred much more certain by that order, and the pains and method of the Charge and Accompt, used in pursuance hereof. Whereby in process of time, many, even of these Rents particularly charged by virtue of that order, will be succes∣sively lost.

Sed de his curent Superiores.

FINIS.