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. VI. Concerning the manner how the Annual Revenue of the County was usually answered in the ancient times untill 10 E. 1.

HAving shewed what the An∣nual Profits of the County consisted of, I shall now descend to the manner how it was ancient∣ly answered. The Sheriff, as hath been shewn was the King's Bayly for the collecting of the King's Re∣venue: And touching the manner of his collecting and answering them, and therein principally con∣cerning those two great parts of the Annual Revenue, viz. the Corpus Co∣mitatus, or when it was in Firme, the Firma corporis Comitatus: And the Proficuum Comitatus, and when it was in Firme, the Firma de profi∣c••o Comitatus; both which shall be

hereafter more fully explained.

These Profits were anciently, and are to this day, answered at two Terms in the year, viz. Michael∣mas and Easter.

But to enable the more effectual levying of them, there always issu∣ed to the Sheriff before Easter and Michaelmas, out of the Exchequer a Writ called the Summons of the Pipe, which had annexed to it the charge or Summs for which the She∣riff was answerable, viz. those which were charged upon himself sub no∣mine Vicecomitis, and those which are charged upon others. The Form of the Writ is recorded in the black Book of the Exchequer, Lib. 2. cap. Qualiter fient Summonitiones; which continue to this day, viz. Rex Vic’ Ebor’ Salutem. Vide ficut teipsum & omnia tua diligas quod sis ad Scac∣carium nostrum Westm’ in Cro’ Sancti Michaelis, vel in Cro’ Clausi Paschae, & habeas ibi quicquid debes de vete∣re firma vel nova: Et nominatim haec debita subscripta. And then the whole charge is inserted which

commonly began with these annual Re∣venues, viz.

• De Corpore Comitatus (or if it were in Firme)
• De Firma de Corpore Com. 100 bl.
• De Numero Comitatus 10.
• De Proficuo Comitatus (or if in Firme)
• De Firma de proficuo Com. 50

And then the Summ in gross char∣ged upon the Sheriff for divers small Rents, and then afterwards all those Firmes that were charged upon par∣ticular persons seriatim and in or∣der.

And according to the order where in they were written out to the She∣riff, accordingly in effect were the Accompts passed, and the Entries made thereof in the great Roll of the Pipe, onely the particulars in the Writ was their charge of the Sheriff, unto which he was to give his answer upon his Accompt, and then there are entred his discharges.

And this Firme continues there to this day, with such alterations as are hereafter mentioned: and there∣fore the Ordinance or Statute in Li∣bro Rubro Scaccarii, fol. 242. made in 54 H. 3. is nothing else but the stable and fixed method for writing the great Roll, observed both be∣fore and since that day.

Primò, Scribatur Corpus Comita∣tus, deinde Eleemosyne constitute, & Liberationes & Bria’ prisci Vicecom’ ficut semper fuit consuetum. Dein∣de oneretur Vic’ de Firmis pro profi∣cuo Comitatus vel de proficuis: De∣inde scribantur omnes Firme tam majores quam minores, &c.

And although the certain Debet of the Sheriff could not be known before the finishing of his Accompt, because it could not be known what he levied, and what not; and what he had paid, and what not; (which Accompt was not untill the end of his year) yet it seems there was anciently an estimate what this con∣stant charge of the annual Revenue amounted unto, and what the con∣stant

allowances amounted unto, ac∣cording to a medi••m, or possibly according to those Firmes and gross Summs which were charged imme∣diately upon the Sheriff Sub nomine Vicecomitis; and these Summs were paid into the Exchequer at the re∣turn of the Writ of Summons of the Pipe, and they were, and are to this day called Profre Vicecom', or the Sheriffs Profsers. And by the Statute of 51 H. 3. called Statutum de Scaccario, those profsers are ap∣pointed to be paid on the morrow of St. Michael, and the morrow post Clausum▪ Paschae; and the payment of these profsers are continued to this day: But although they are paid, yet if upon the conclusion of the Sheriffs Accompt, and after the allowances and discharges had by him, it appears that he be in surplu∣sage, or that he is charged with more than indeed he could receive, he hath sometimes, and for the most part, all his profsers paid or allow∣ed to him again: and so indeed it is but a mock▪payment, a payment

kept on foot to maintain the old method of his Accompt, but is in effect but so much Money lent, for he hath it (and justly enough) al∣lowed to him back again: the rea∣son and justice whereof shall be shewn hereafter. And now to re∣turn again from whence we di∣gressed, I shall now search out the meaning of these Firmes, Corpus Comitatus bl. and Numerus Comita∣tus, and Firma de Corpore Comita∣tus, and Proficua Comitatus, and Fir∣ma de proficuo Comitatus, I mean as they relate to the Sheriffs Accompt for what the things were is suffici∣ently discovered before.

Therefore as to the Corpus Comi∣tatus, I have already shewn in the pre∣cedent Chapter, what it consisted of, viz. the Vicontiel Rents of the County; and they consisted of two sorts of payment, viz. those that were answered in blanch Money, and those▪ that were answered in Money numbred. And this ordi∣narily made two titles of the Cor∣pus

Comitatus in most Counties, vi••. where there were Firmes of these dif••ering natures, and they are then thus noted, viz.

• De Corpore Comitatus. 100l. bl.
• De Numero Comitatus 50

And they were written out thus generally, without expressing the several Vicontiel Rents, but onely the gross Summs what they amoun∣ted to blanc, and what they amoun∣ted to numero, or de numero Comi∣tatus. And the Sheriff upon his Accompt was used to bring in a Vi∣contiel Roll, containing these par∣ticular Vicontiel Rents, what they were and what he had levied.

By this it appears that in the first consti••••tion of this Vi••ontiel Ac∣compt the Sheriff accompted for these Rents as Bayly or Custos, and an∣swered what he levied though they were written out, and stood upon the great Roll all in a lump, and when the Sheriff accompted thus, he accompted as Custos or Bayly.

But in process of time (but that time very ancient) the Sheriff for the time being took the Corpus Co∣mitatus or Vicontiel Rents to Firme, which Firme for the most part a∣mounted to very nea•• the entire quantity of the Vicontiel Rents. And this Firme in many Counties was very ancient, for we find them mentioned in the Pipe rolls of the time of King J••hn and ••. 1.

And by this means the Sheriff was to answer at his peril his Firme, for it became his own debt, and he was to gather up the Vicontiel Rents to his own use to make him∣self a Saver.

She Sheriffs Commission hereup∣on was with the reservation of the Firme, and although we have not memorials of ••ll those reservations, yet of some we have.

Int••r Communia of 19 E. 1. Bedf. Bucks, Rex 16. Jan. Anno 19. Com∣misit Will. Turvil Com’ Bedf. & Bucks cum pertinent’ c••stodient quamdiu Regi placuerit redde••do in∣de per annum quantum Johannes Pa∣lam

••uper Vicecomes eorund••m red∣dere consuevit.

And by little and little this grew into a usage, the succeeding Sheriff answering the Firme of the County, and of the Profits of the County as his predecessor had done▪ whereby the Firma Comitatus and the Firma de proficuis Comitatus became as setled Firmes charged upon the She∣riff though there w••••e no express re∣servation of it upon his patent or Commission of Sheriff.

And because these Firmes were in their first reservation proportion∣ed to the value and nature of those Rents, which now the Sheriff had, as before the King had them, in spe∣cie; hence the Sheriffs Firme of the County or Body of the County as it was proportionable to the same, answered for the Vicontiel Rents; so it was proportioned to their na∣ture, viz. because some of the Vi∣contiel Rents were in blanc Money, the Sheriffs Firme corresponding to that was answered in blanc Money: and some of those rents being an∣swered

numero, the Sheriffs Firme corresponding thereto was answer∣ed numero.

And by this Accompt the charge both upon the Summons of the Pipe and upon the great Roll was altered viz. whereas the former Style of the charge was De corpore Comitatus blanc & numero, now it was chan∣ged, viz.

• De Firma de corpore Com’ 100l. bl.
• De numero Comitatus 40

Ad thus the manner of the charge stood for the times of H. 3. and E. 1. and for some time before, a•• least in some Counties: and so it conti∣nues to this day with such alterati∣ons as shall be shewn.

And as the Corpus Comitatus thus by usage grew a Firme, or Rent charged upon the Sheriff, so also did the Crementum Comitatus, in those Counties where such Cremen∣ta was answered, viz.

• De Firma Comitatus 100l.
• De numero Comitatus 40
• De Cremento Comitatus 10

All being governed by the word Firma▪ For, as I have said, a long letting of these Vicontiels to Firme, had brought them to be a setled charge, charged upon, and answe∣red by the Sherif••; and he gather∣ed up the Vicontiels to his own use, to make himself a Saver, and to make good his Firme. And thus much concerning the answering and altering of the charges of the Vicontiels, or the Corpus Comitatus both before and after it was in Firme.

2. As concerning the Proficuum Comitatus, the proceeding was much the same as that concerning the Cor∣pus Comitatus.

In the ancienter times, when the Proficua Comitatus was at all answe∣red by the Sheriff, it was answered by him, as Custos or Bayly upon

Accompt: Though in some ancient Pipe-rolls, for some Counties we find no distinct mention of it; as in the Pip••-roll of 19. R. 1. Glouc. Herber∣tus reddit compotum de 372l. 14s. 6d. bl. de Firma Comitatus. The like, ibid. 13 Johannis. But very frequent∣ly afterwards the Sheriffs, when they had the Corpus Comitatus, or the Certain Annual Revenues under a Firme, yet answered the Proficua Comitatus as Custos or Bayly: for instance, Pipe-roll 9 R. 1. Bedf. & Bucks, Simon de Bello campo reddit compotum de 369l. 19s. 11d. bl. Et de 79l. 8s. 1d. numero, de Firma Comita’, without mentioning the Proficua Comitatus.

But in the Pipe-roll 25 H. 3. Bedf. & Bucks, Paulinus Pejor, ut Fir∣marius reddit compotum de 369l. 19s. 11d. bl. & de 108l. numero de Fir∣ma Comitatuum.

Idem Vicecomes reddit compotum de 100 marc’ pro proficuo Comitat.

And Anno 44 H. 3. Alexander Hampden, ut Firmarius reddit com∣potum de 369l. 19s. 11d. bl. & de

108l. numero, de Firma Comitatuum.

Idem A. reddit compotum de 220 marc’ pro proficuo Comitat’ ••icut con∣ti••etur in originali.

And in 51 H. 3. Galfridus Rus ut Firmarius de anno 50 reddit com∣potum de 369l. 19s. 11d. bl. & de 108l numero de Firma Comitat’.

Idem Galfridus reddit compotum de 180 marc’ pro proficuo Comitatus de anno 50. ••icut continetur in quo∣dam Rotulo attachiato originali ejus∣dem anni.

And in the year following, Ed∣vardus filius Regis primogenitus, Bar∣tho••▪ de Ire••e Subvicecomes ejus red∣dit pro ••o per breve Regis, compo∣tum de 369l. 19s. 11d. bl▪ & 108l. numero de Firma Comitatus hoc anno.

Idem E▪ Vic’ non reddit de aliquo proficuo Comitat’ quia Rex ei commi∣••it dictos Comitatus respond’ inde per annum de antiqua Firma corporis, ••i∣cut co••tinetur in originali anni pre∣cede••t••s.

And so in the great Roll of 50 H. 3. Glouc. Reginaldus de Ale de 372l. 14s. 6d. de Firma Com’.

Idem Vicecomes reddit compotum de 80 marc’ pro proficuo Com’ & exit’ ville & nundinorum & Hundredi de Wencham sicut continetur in quodam Rotulo, &c. and so it continued in the time of E. 1.

By which it is evident, 1. That sometime there was nothing at all answered pro proficuis, but it was cast into the Firme of the County. 2. That although the body of the County, consisting of a certain year∣ly Revenue was in Firme, yet often-times the Proficua Comitatus were not in Firme, but the Sheriff ac∣compted for them ut Custos, some∣time higher, sometime lower, as the profits arose.

But in process of tim•• the Profi∣cua Comitatus, at least in some Coun∣ties, fell under a Firme, though in some Counties sooner, in some la∣ter; and having once begun to be in Firme, the succeeding Sheriff took it as his predecessour left it; and so it became in time a setled Firme, though not expressly reserved upon the Patent of every Sheriff.

And yet in such cases it was become a setled Firme, by usage and custome; yet when the Sheriff found that his Firme was too great for these profits (which were ca∣sual, sometimes more, sometimes less) he was in those elder times ad∣mitted to accompt ut Custos, with∣out being bound to answer his en∣tire Firme, unless he saw fit. But that was rarely in use after the time of H. 4. and accordingly it seems to be intimated in that ordinance of 54 H. 3. above mentioned, for wri∣ting the great Roll of the Pipe, viz. de Firmis pro Proficuis, vel de Profi∣cuis. And this shall suffice for the unriddling of the Sheriffs Accompts till the 10 and 11 Ed. 1.