Considerations for regulating the excheqver in the more timely answering, better husbanding and more orderly and safe conduct of the revenues of the crown into His Majesties coffers, as hath been heretofore used by sheriffes : and for freeing the subject from all unjust vexations concerning the same : with the causes and remedies of the inconveniences which have been occasioned by the breach of the lawes and ancient course of the exchequer : as also for the better enabling and easing of sheriffes in the execution of their offices and passing their accompts / per C. Vernon ...

Considerations FOR Regulating the Exchequer, &c.

THE Court of Ex∣chequer is one of those foure Courts at Westminster, which, * 1.1 in the common opi∣nion, had their begin∣ning by the fundamentall lawes of this Realme, time beyond the memory of man. And for the due answering and managing of the Revenues of the Crown both certaine and casual: The said Court hath been supported with great and ancient priviledges and high authority by and under the survey, rule and government of a Lord Treasurer; Chancellor, Vnder-Treasurer, Chamber∣laines,

and Barons of the said Court. And that the said Court now is, and hath been anciently distinguished and knowne by the Superior or Vpper, and the Inferior or Lower Exchequer. The Superior being also knowne by the Title of Scaccarium Computorum: And the lower by the Title of the Receit, where the Kings moneyes are paid to certaine Tellers, and Tallies stricken for the same, for discharge of such Farmers, Debtors, Accountants, &c. which pay in the same.

The principall Officers of trust in the said superior Exchequer (under the said head Officers) are the Kings and Lord Treasurers Remembrancers, the Clerke of the Pipe, or Ingrosser of the Great Roll, and the Controller of the Pipe, with a competent number of Au∣ditors for preparing and casting up all accounts. The said Controller of the Pipe being to write a duplicate, or double of the said great Roll, to remain in his custody, for the better safeguard and controlment of the revenues of the Crowne; and twice every yeare, to make forth proces from the said great Roll, to all Sheriffes for levying

the Rents, Farmes, and Debts in every Shire, City, and Towne Corporate; which proces was anciently called by the name of the Summons of the Exche∣quer, being of the force and nature of a fieri facias, for levying of the Kings rents & debts upon the goods & chat∣tels of the Farmers and Debtors there∣in specified. Howbeit about the begin∣ning of the Reigne of King Edward 3. when the casuall revenue, called the Greenwax, was so much encreased, that the Controller of the Pipe could not well undergo the burthen of the whole worke: * 1.2 There was a new Officer (in∣tituled the Clerke of the Estreats) intro∣duced to write the summons for the said Greenwax, onely in assistance of the said Controller: and one other Of∣ficer called the Forraigne Apposer. * 1.3 For opposing of Sheriffes upon the said Summons of Greenwax, who is, forth∣with after every such apposall, to send the whole charge wherewith every Sheriffe chargeth himselfe of the said Greenwax, in every title into the Pipe, there to be added to the other charge of each Sheriffe upon his account in the great Roll, together with so much of

every title as is to be charged upon the Lords and Bailiffes of Liberties; and that which is nichelled is to be written in proces a new from the Pipe, saving that the nichelled issues are by the Clerke of the Nichells sent to the Treasu∣rers Rememorancer, who according to the Statute of 27. E. 1. makes forth writs of Scire facias, out of his Office to all such Sheriffes who returned those parties at issues to shew cause why they should not satisfie the same Issues to the King, by reason of the in∣sufficiency of the said parties so by them returned at Issues: since which time of the introducing of the said Clerke of the Estreats to write the sum∣mons of the Greenwax, the summons written by the Controller of the Pipe, and the Clerke of the Estreats have been distinguished by the names of the Summons of the Pipe, and Summons of the Greenwax.

As concerning the said casuall Re∣venue called the Greenwax, it consi∣steth of such Fines, Issues, Amerciaments, Recognizances, for appearances and other forfeitures as are yearely set, lost, and forfeited before the Justices of the

Kings Bench, Common Pleas, Barons of the Exchequer, Justices of Assize, Goale∣deli cry, Justices of Peace, Commissioners of Sewers, Clerke of the Market, and the like; which (by the Lawes of this Kingdome) are to bee Estreat yearly, and sent into the Exchequer, from all the said Courts and places to the Lord Treasurers Remembrancers Office, and from thence (after an entry made of the numbers of every scedule, &c.) to bee forthwith delivered together with those of the Exchequer (as well in that Office as in the Offices of the Kings Remembrancer and the Clerke of the Pleas) to the said Clerke of the E∣streats for execution to be done there∣upon in such manner as is formerly set downe. And as for all Rents, Farmes, Custodies, Extents, and other Debts and Duties belonging to the Crowne, as well the Remainders of the Farmes of the Counties, the Farmes of Ser∣jeancies, and Asserts, the Farmes of Cities, Burroughes, and Townes cor∣porate, and all other Farmes and Rents, whatsoever whereof there is answere made yearly in the Exchequer, and all debts determined, and grosse Debts a∣rising

from the Offices of the Remem∣brancers, whereof there is hope that somewhat shall be paid, and all debts and Supers depending in any accounts within the survey of the said Court of Exchequer. These are by the new Sta∣tute of the Exchequer, * 1.4 called the Sta∣tute of Rutland, An. 10. E. 1. to be writ∣ten in the Annuall or Great Roll of the Pipe, and proces to bee first made from thence to the Sheriffes by the Summons of the Pipe for leavying thereof to the Kings use accordingly.

And the reasons why the Summons of the Pipe (not extending to the body or lands of any debtor, but onely to their Goods and Chattels) and why the Summons of the Green Wax (not ex∣tending either to body or lands, or to the infringing or entring into any li∣berty) is to be the first proces, * 1.5 is this: For that by the statute of Magna Char∣ta, it is provided that no Sheriffe or Bailiffe shall seize any lands for the Kings debts, so long as the present Goods and Chattels of the debtor doe suffise, and the debtor himselfe bee rea∣dy to satisfie the same. And that the Pledges of the debtor shall not bee di∣strained

as long as the principall debtor is sufficient. And for that also if a stronger processe should bee first made to the Sheriffe of non omittas propter aliquem libertatem, &c. For leavy∣ing of the Greene Wax, the Lords of liberties should thereby bee barred and put by their Franchises and claimes, which would bee against common right.

But they are much deceived that take the Summons of the Pipe to be no more then (as it were) a Scire fasias, or Summons to the Farmer or debtor to pay his rent or debt, or that it is but tardum remedium, or of slow execution to bring in the Kings Rents and Du∣ties: for though it is (in truth) but a Summons, yet it is a Summons (not to the debtor) but to the Sheriffe, and such a Summons as transcends all other commands in any of the Kings Writs, for injoyning them to the performance of what is thereby required.

The Writ is as followeth:

Carolus Dei gratia, &c.

Vic. B. salu∣tem,

vide sicut teipsum & omnia tua dili∣gis

quod sis coram Thesaur. & Baronum de Scaccario apud Westmonasterium in Crastino clausi Pasche prox. futur. Et habeas ibi tunc quicquid nobis debes de no∣vis & veteribus firmis & omnia debita subscript. & hanc summon. de Pipa.

Te∣ste A. B. Thesaur. Angliae apud West∣monasterium duodecimo die Februarii, Anno, &c.

As if the King should say, * 2.1 Mr. Sheriffe, as you love your selfe, your wife and children, and all that you have, see that you bee upon such a day at Westminster, before our Treasurer and Barons, and bring with you all our Farms and rents then due, and all other the debts under-written, and this Summons.

And if there were no more in it but this (it being of so great antiquity be∣yond the memory of man) as makes it of sufficient force by the Common lawes of this Kingdome to bee obeyed: yet this is not all; for this Writ is strongly backed by an Act of Parliament in Anno 51, H. 3. called the Statute of the Exchequer, whereby it is ordained, that all Sheriffs, Farmers, Bailiffs, of Franchi∣ses, and others shall come to the

proffers of the Exchequer the Munday after the utas of Easter, and the Munday after the Feast of S. Michael to pay the Farmes, Rents and Issues belonging to the King, and shall bring at the foresaid Termes, the Farms Rents & Issues due, wholly into the Exchequer: And if they make default, their bodies shall remain without departing from thence, untill they have paid or made agreement; and he that wil not come at the Termes aforesaid, shall bee amerced after the custome of the Exchequer, and the Shi∣riffes and Bailiffes at the same Termes shall bring and pay such moneyes as they have received of the Summons of the Exchequer, and other the Kings debts; and shall bee prepared to make full account of the things aforesaid, to the Treasurer and Barons of the Ex∣chequer. And this is in all points agree∣able to the Summons of the Pipe, directed to the Sheriffes twice in the yeare, for bringing the Farms, Rents & Debts be∣longing to the King, at the times in the said Statute mentioned; and hath been in use ever since the making of the said statute, and is so continued at this day (though not rightly put in execution.

The first Summons now sent forth eve∣ry yeare to the Sheriffes being under the Teste of 12. Feb. which is the last day of Hillary Tearme, returnable in Crast. claus. pasche prox. futur. (being the Easter proffer) stiled in the said Statute to be the Munday after the utas of Easter; and the other Sum∣mons bearing alway the Teste of the last day of every Trinity Tearme retur∣nable in Crast. Mich. (if it be not Sun∣day) which before is mentioned to be the Munday after the feast of Sain Michael.

After the Sheriffes have so made their appearances at their Easter and Michaelmas proffers (as aforesaid) and brought in and paid at his Majesties receit so much at each proffer, as was then come, or lawfully might have come to their hands, or in default thereof have beene amerced or com∣mitted to ward, every Sheriffe is to ap∣peare in person at his day of prefixion in the Exchequer before the Treasurer and Barons of the said Court, or (if he be hindred by sicknesse) before some Commissioners thereunto authorised by the Court, to make his finall account

of all the issues and profits of his office due to the King for his yeare, and then is to take his oath as followeth, viz.

That he shall yeeld to his Majesty a true and lawfull acount of the issues and profits of his said office of Sheriff∣wicke, and make true answer to the Summons of the Pype and Greenwax, and in the same account to charge himselfe with all such summes of mo∣ney as he, his Vnder-Sheriffe, Bayliffs or Ministers for him have levied, or law∣fully might have levied to his Majesties use by the Summons aforesaid: And of all Fellones goods, outlawed mens goods, attainted mens goods, wayfes, estraies, and other profits whatsoever which have come to the hands of his Vnder-Sheriffe, Bayliffes or Ministers by rea∣son of his said office: And that he shall not in the same account vouch a∣ny franchises or liberties, nor make a∣ny petition, nor aske any allowance or discharge, but such as shall bee good and true, and likewise to deliver a book written in parchment, declaring of whom and where he receiveth the vi∣condells, and other the Rents and Farmes written unto him in the Sum∣mons

of the Pipe, and well and truly to behave himselfe in yeelding the same account, as a true accountant ought to doe without any omission or concealment.

And every Sheriffe which shall not so appeare at his said day of prefixion before the Treasurer and Barons, and take his oath, or procure such commissi∣on for taking thereof at the same time as aforesaid, shall forfeit to the King 5. pounds for every day after his said day of prefixion, that he shall so faile to ap∣peare and take his said oath as afore∣said; and after the taking of the said oath every Sheriffe is to attend upon the Court, and to be apposed before the said Treasurer and Barons in open Court upon the said Summons of the Pipe, and shall according to his said oath charge himselfe with all such Farmes, Rents, and other debts writ∣ten unto him by the said Summons of the Pipe, as he hath or lawfully might have levyed. And to such Farmes, Rents and Debts as he chargeth him∣selfe withall, * 2.2 tot or onⁱ (scilicet oneratur nisi) is to be marked against their names and Summons, by the Clarke of the

Pipe, and controller respectively in the said great Rolle, and Counter Rolle, and to be entred, and cast up in his charge in the said great Rolle by the first Secondary of the Pipe, together with the whole charge of his forraigne Account and Greenwax, as is before observed, and the said Sheriffe to pay and answer to the King all and every part thereof which shall remaine due upon the foot of his account, and not by him formerly paid, and answered at his said proffers, except onely there shall be some good cause of discharge by matter of Record, or order to bee made in open Court for any of those wherewith hee so charged himselfe with onⁱ as aforesaid: And to such as he shall averre to be illeviable or to bee dead, or within any liberty so as hee could not levy the same by his said Summons Nichell diem clausit extrem. or such, or such a liberty, are to be in like manner marked against their names and summes; and those that are so returned with Nichil or diem clausit ex∣trem. to be forthwith to be put into Ce∣dula pipe, and sent to the Lord Treasu∣rers Remembrancers Office, so as

stronger Proces to the next Sheriffe may be made from thence against their bodies, lands and goods for levying thereof to his Majesties use, or Com∣missions to be made from thence to faithfull and circumspect men of every County for making inquiry into the same, * 2.3 according to former Statutes in that behalfe provided: And if upon returne of the said Commissions it shall appeare to the Court that any of the said parties by whom any such debts are owing, are nothing worth, and that their debts are desperate, they are (according to the foresaid new Statute of the Exchequer called the Statute of Rutland) in ease of Sheriffes to be removed out of the said Annual or great Rolle, * 2.4 into an exannual Rolle, and not to be written any more in Pro∣ces to the Sheriffes, but to be onely yearly read upon their accounts to see which of them may be revived, and such as are like to be so revived and made good to bee reinserted into the said Annuall Rolle for new Proces to be made thereupon as the case shall re∣quire; and if upon returne of the said Commissions it shall appeare that

the Sheriffe (or any for him) hath recei∣ved any of the said Farms or debts, and concealed the same upon his account, the said Sheriffe is according to the said Statute of Westmin. Anno 3. E. 1 cap. 19. * 2.5 to make answer thereof to the King, and to pay to the party grieved thrice so much as he received, and to make fine at the Kings pleasure.

And the like Commissions are to be awarded into every County after the determination of every account in the Exchequer by Sheriffes, Escheators, * 2.6 Aulvegours, Customers, Controllers, & o∣ther the Kings Officers, and acoun∣tants concealing and receiving to their owne use that which rightfully apper∣taineth to the King, for inquiry to be made thereof: And in case the said Accountants upon returne of the said Commissions be found guilty of any such frauds and deceits, they shall in∣curre treble the same to the King, and their bodies to prison, untill they have made fine & ransome to the King after the discretion of the Iudges.

And as concerning the severall summes of money wherewith the Sheriffes shall so charge themselves

upon their accounts in the said Annual Rolle, they are not to depart the Court (without speciall licence of the Trea∣surer and Barons, untill they have fully paid and satisfied the same, * 2.7 or procu∣red a discharge or Exon. de Anno for the same, upon good matter of Record, or order in open Court: And upon the final determination of their said Accounts, the said Sheriffes whole charge and dis∣charge is to be read and cast up in open Court, before the Treasurer & Barons of the said Court, in the presence of the Treasurers Remembrancer, Clerk of the Pipe, Controller, & other Officers whom it shall or may concern; and two Audi∣tors at the least for casting up the said accounts: And what every of the said Sheriffes shall be found in debet upon his said account (all his Tallies, Allow∣ances, and just Petitions deducted) the said Sheriffe is forthwith to pay to the King before hee bee dismissed out of Court, or to be committed to ward un∣till he pay the same.

And if any Sheriffe after his said Ap∣posals, and charging himselfe with the paticular summes aforesaid, shall depart the Court (without speciall licence a∣foresaid)

before he hath fully perfected his said Accompt, and is so delivered out of Court, as aforesaid, his goods & lands are to be seized into the Kings hands nomine districtionis, and the King to take the issues and benefit thereof, without any part to goe in deduction of his debt, or a Serjeant at Armes to be sent for such delinquent Sheriff, who (if hee bee no priviledged person) is to be brought up and committed to Ward until he shall fully perfect his accompt, and pay or discharge what is justly due thereupon, as is aforesaid.

In like manner, * 2.8 all Lords and Bai∣liffes of Liberties, Maiors, &c. are to appeare at the said proffers at Easter and Michaelmas, and at the times by the Court prefixed to perfect and finish their Accounts for all such moneyes as they stand charged withall; and to pay what is due to the Crowne over and besides their just allowances, and what they can by their claimes, or for default thereof, their bodies to remaine with∣out departing, and their liberties to bee seized into the Kings hands.

And as concerning such summes of

money as by the Awards of the Court shall be put into Cedula Pipe for stron∣ger proces to bee made by the Treasu∣rers Remembrancer in regard of a di∣em claus. extrem. or the like, the said Treasurers Remembrancer is forthwith at the next Liberate or Sealing day, to make forth the strongest proces to the Sheriffes (as the case shall require) for leavying thereof; wherein by the long writ (called the Prerogative Writ) the Sheriff hath power to enquire (if the debtor bee dead) to whose hands his goods and Chattels are come, * 2.9 and to put the same in safe custody for the King (who is to be first satisfied;) and if he had any lands, what lands he had at the time he so first came indebted, or at any time after, and to whose hands the same are come, and to make seisure thereof. And if the debtor be living, to leavy the debt upon his or their goods or lands; or for default therof (Magnat. Dominis & dominabus exceptis) to attach his or their body, with such other strong Clauses for leavying thereof, as can bee devised. And the Tearme fol∣lowing, the Sheriffes are to be apposed upon all those Writs which were so

sent forth for debts in Cedula Pipe, be∣fore the Barons of the Exchequer in the Exchequer Chamber; and if the Barons can finde or learne that the Sheriffes have used any negligence or conni∣vence in executing their said Writs, they do usually amerce the said Sheriffs according to their defaults, and some∣times set a paine on their heads, un∣lesse they pay or shew good cause of discharge or do better service by a cer∣taine day: In all which causes the said amerciaments so set or incurred, are forthwith to be sent downe into the Pipe for proces to be made thereupon accordingly.

And the said Treasurers Remembran∣cer doth in like manner recover such amerciaments as are so imposed by the Court, and such reliefes as are belon∣ging to the King after the death of a∣ny person dying seised by whom such reliefes are due, and such sums of mo∣ney as any Sheriffe shall charge himself withall by way of fieri feci, and the like; as also all such extents and certi∣ficates of the goods, and two parts of the lands of Recusants as are found by Inquisitions, all which the said Trea∣surers

Remembrancer doth in like manner send downe into the Pipe to be put in charge in the said great Rolle, and prepares the originalls sent into his Office from the Chancery, and therein markes Ingrossat. against all such Rents as are reserved upon any grants in Fee Farme, or upon any other Farms or custodies for tearme of life, or years, or for so long time as the same shall continue in the Kings hands, for the said Clarke of the Pipe to draw downe from thence yearly to be put in charge in the said great Rolle, after the title of Nova oblata. And the said Trea∣surers Remembrancer out of his Office makes forth Writs of Distringas to all Sheriffes against the Kings tenants for preserving of his Majesties tenures and services, * 2.10 and the Issues thereupon returned by the said Sheriffes in every Shire, certifieth to the Clarke of the Estreats twice in the yeare to bee by him sent forth to the Sheriffes in the Summons of the Greenwax: And for the fines due to the King for respiting the homage of his tenants, the said Treasurers Remembrancer chargeth himselfe with all those fines which are

drawne into the Pipe, and by him an∣swered unto the receit, as also for all the Castle ward rents in severall Counties payable to the Castle of Dover, Stat. anno 32. H. 8. And the Kings Majesties Remembrancer in his Office recor∣deth all fines and other debts sent into his Office out of any other Court, and recovereth all such Recognizances, Amerciaments, fi. fac. of Sheriffes moyties of forfeitures about custome causes or upon penall Lawes, and the like, and sen∣deth the Records thereof into the Pipe, and also of such Bonds and Obli∣gations as are forfeited and recovered for the King, to be from thence drawn downe and charged for his Majesties service in the said great Rolle: And al∣so maketh forth the writs of Distringas against all Accomptants, whose names are to be entred upon the States of Accomptants in his Office, as well the Master of the horse, the keeper of the Warderob, Treasurer of the Chamber, Treasurer at Warres, Treasurer of the Navy, collectors of Subsidies and Cu∣stomes, and all receivers of the Kings Revenues, and other Accomptants whatsoever, who are to make their

accompts in the Exchequer, and against such as have had any money imprested to them for the Kings speciall service, and the like, & to see Issues returned against them untill they shall perfect their said accompts before the severall Auditors thereunto assigned, and enter the same upon the Rolle of the States of Ac∣comptant in his Office, and before the Treasurers Remembrancer upon the Rolle of Viewes in his Office, from whence the said accompts after they are declared before the Treasurers and Barons of the Exchequer, and so entred as aforesaid, are also to be sent into the Pipe, there to remaine as the Kings and Subjects evidence upon record for e∣ver; as also to the end Proces may bee made from thence for such supers and debts as are therein depending. And all such Issues as are lost by any of the said Accomptants for their not accomp∣ting in due time, and by the Sheriffes returned upon the said Writs of Di∣stringas sent from the said Office of the Kings Remembrancer, are in like man∣ner twice in the yeare to be estreated to the said Clarke of the Estreates, to be by him sent forth in the Summons

of the Greenewax accordingly. In his Office also is kept the red Booke of the Exchequer, being an excllent Treatise of the ancient Rolles and Lawes of the Exchequer, conceived to be col∣lected by Gervasius Tilburiensis, tempo∣re H. 2. which book is commonly sent by the Cursiter Baron into the Kings Bench and Common Pleas, or in the Tearme time to remove any matter su∣ed there against any Officer, Minister or servitor of theirs, or any Accomp∣tant there that prayeth his priviledge in due time, upon which red booke so shewed, and the party testified by the Baron to be of that Court as aforesaid, his priviledge is usually allowed. And both the said Remembrancers doe make forth copies to the Auditors of all Seisures made by Sheriffes for any debts, or by reason of any Alienations, Outlawries, or other duties to the King, upon the writs sent out of their Offi∣ces, to be by the said Auditors respe∣ctively charged in the said Sheriffes forraine accompts. In which their said forraine accompts the said Audi∣tors which take these accompts are to enter the particulars where with every

Sheriffe chargeth himselfe for the goods and chattells of fellones outlawed and attainted persons, waifes, estraies and the like according to the ancient course of the Exchequer.

And for that there may be some just cause of discharge of the Sheriffe and debtor by an absolute exo. or of the Sheriffe for his yeare by an exo. de anno of some part of the Seisures and Issues charged in his said forraine ac∣compt, or of some other part of the debts or farmes charged upon him in the said great Roll of the Pipe, or of some part of the Greenwax moncies charged upon him by the said forraine Apposer as aforesaid; as for instance: There may be some just cause for dis∣charge of the Sheriffe and debtor by an absolute exo. upon his accompt of some seisure, debt or duty charged upon the said Sheriffe as aforesaid, in regard there was a preconveiance of the land by the debtor bona fide before the debt grew due to the King, or that the debt or duty for which the said seisure was made is fully satisfied and answered to the Crowne; or for that the like debt or duty it selfe is absolutely to bee

discharged by plea & judgement, gist or grant from the Crowne or by some other good matter of record: And as there may be just cause for an absolute exo. to the Sheriffe and debtor, so there may be as just cause for an exo. de anno to the Sheriffe upon his ac∣compt of some of the seisures and debts charged upon him as aforesaid, either in regard the lands in seisure are in the Kings hands by reason of the minority of the heire or owner of the said lands, or for that the said lands were made in Iointure or in Lease for terme of yeares or life before the debt grew due, or the like, in all which severall cases the Lord Treasurers Remembrancer upon sight of such good matter of record, or other such just cause allowed of by the Court as aforesaid, is (upon the desire and petition of the Sheriffe to bee dis∣charged thereof upon his accompt) to rule severall petitions to every She∣riffe upon his or their said accompts respectively for an absoute exo. or an exo. de anno for the same as the case shall require, which is to be by him al∣ledged and set downe to every petiti∣on accordingly; howbeit the said

Treasurers Remembrancer is not to rule any such petition for an absolute exon. or exon. de anno to any Sheriffe of or for any Seisure, Farme, Debt, or other summe of money whatsoever, but of such onely as shall fully appeare to him, either by the Sheriffes forraine accompt it selfe, or by some Constat or Certificate in parchment under the hands of the Clerke of the Pipe, or Clerke of the Estreats respectively, to be part of the Sheriffes charge so charged upon him in his accompt in the said great Roll; for that if such petition should be allowed to the She∣riffe of any summe, being no part of his charge, the King should lose and bee defrauded of so much thereby.

Moreover the said Lord Treasurers Remembrancer doth upon Certificate from the Iustices of Assize (ratified and allowed under the hand of the Vnder∣treasurer of the Exchequer for the time being) rule petitions for allowance to Sheriffes upon their accompts for car∣riage or removing of prisoners, repa∣rations of Gaols and other extraordi∣nary services done by Sheriffes in the time of their Sheriffwicke: All which

petitions are by the said Treasurers Remembrancer to bee entred upon Record in his Office, and to be sent to the Clerk of the Pipe (for the time be∣ing) to bee entred and allowed upon each Sheriffes accompt respectively in the said Annuall or great Roll of the Pipe, in deduction of so much of each Sheriffes charge, so as one Record may bee discharged by another, according to the ancient course of the Exche∣quer.

And here (by the way) is to bee no∣ted, that the said Clerke of the Pipe is not, nor ought not, to discharge or set off from any Sheriffe, any Farme, debt, or other summe of money what∣soever charged upon him in his ac∣compt in the said great Roll, but such onely as shall appeare to bee paid into his Majestis Receipt of the Exchequer, by Tallies to bee joyned and allowed in the said Roll, * 2.11 or such as shall appeare to be discharged or set off by such mat∣ter of Record as is laid downe in the Sheriffes severall petitions, as afore∣said; nor to give any allowances to Sheriffes upon their said accompts, but such as shall either bee warranted by

Tallies, de Regard, to bee sevied in his Majesties said Receipt of Exchequer, or by some judgement of Court en∣tred or to bee entred in one of the Re∣membrancers Offices: And if hee doe otherwise, the Controller of the Pipe, ei∣ther before or at the Sheriffs casting out of Court, is to informe the Court there∣of, so as the said undue discharges and misallowances may bee certified and made void. And if the said Controller, either through ignorance or conni∣vence, shall not discharge the trust re∣posed in him therein, hee shall bee pu∣nished for his consent in like manner as hee that admitted of such false al∣lowances, &c. and as he that tooke al∣lowance thereof: namely, to pay so much to the King, * 2.12 as the allowance a∣mounted unto: To bee imprisoned a yeare and forty dayes, and to bee puni∣shed at the Kings pleasure.

But hereunto may be objected, that if the Clerk of the Pipe be to give no al∣lowance to Sheriffs upō their accounts, but of such moneyes onely for which Tallies are stricken in his Ma^ties Re∣ceipt, and of such summes as are to bee allowed, set off, or discharged by judge∣ment

of Court, or such matter of Re∣cord as is aforesaid: How comes it then to passe that allowance hath been given to Shiriffes upon their accompts in the said great Roll from time to time, by acquittances of Noble men for their Creation moneyes payable by Sheriffes out of the profits of their Counties, and the like; and by acquittances of such Receivers to whom the King hath granted the receipt of the yearly pro∣fits, arising of any certain or casuall Re∣venue within the Sheriffes charge. To which is answered, That the allowan∣ces given by the acquittances of Noble men and others, for such summes of mony as are payable to them by She∣riffes out of the profits of their Coun∣ties (being to their owne use) are al∣wayes warranted by judgement of Court, before any such allowance is to be given: And as to the allowance of Acquittances for moneyes of the na∣tures aforesaid, paid or to bee paid by Sheriffes to Receivers as aforesaid to the Kings use, such Acquittances are not (in truth) to bee allowed by the course of the Exchequer, but by Tallies of assignment to be first stricken in the

Receipt for the same, in such sort as is used at this day for his Majesties Ward∣robe and Houshold, and for the post∣fines, Issues of Iurors, and the like, there being no such controlment for Acquittances, * 2.13 as is for Tallies, and it being much more easie to counterfeit Acquittances then Tallies; albeit even Tallies have been counterfeited to the losse and prejudice of the Crowne, which could not bee discovered before they were rejoyned with their foyles, according to the ancient course of the Exchequer. Besides, the Subject which really payes his mony to a Receiver to the Kings use, & takes his Acquittance for it, runnes a greater hazard to pay the same money againe in case such ac∣quittance be lost, and that the Recei∣ver doe not satisfie the same upon his Accompt, which hazard is avoided by striking a Tally for the same in his Ma∣jesties Receipt, which is alwayes ex∣tant upon Record for the parties dis∣charge, in case the Tally it selfe bee lost.

And as it is to be noted, that the Clerk of the Pipe is not to discharge or set off any part of the Sheriffes charge, but

by Tallies to be leavied in his Majesties Receipt of Exchequer, judgement of Court, or such matter of Record, as is before mentioned; so it may bee like∣wise observed, that the Treasurers Re∣membrancer is not to rule any petition upon the Sheriffes Accompts for debt, recognizance, or other duty belonging to his Majesty, wherewith the She∣riffes have charged themselves upon their accompts, but by matter of Re∣cord, or order in open Court, and not upon any other warrant whatsoever, which is not grounded upon such mat∣ter of Record, or order in open Court, * 2.14 as aforesaid. For if way should be gi∣ven to the Sheriff, to set off or discharge himselfe upon his accompt of the farmes, debts, or summes of money by him taken into his charge at his appo∣sall, upon ordinary suggestions that hee could not leavie the sume, or by reason of the poverty of the debtor, or in fa∣vour of the subject to ease him from the rigor and penalty which the Law hath inflicted upon him for some offence, (which is onely in the Kings power to mitigate or remit) or upon any other ground then by matter of Record, or

order in open Court, as aforesaid, then it would follow, that the greatest part of the Sheriffes totts and summes of money by him taken in charge at his apposals, would be set off and dischar∣ged, and so his apposals would bee of no force or vertue, which by the anci∣ent course of the Court, bindes him to answer the same to the King, unlesse some just cause be shewed to the con∣trary, as afore is said: seeing he might (at his choyce) have totted or nichel∣led the same at his said apposals; and then also would follow, that the King should be divested of the grace which properly belongs to himselfe for miti∣gating and remitting of such forfeitures and penalties to his subjects as the case shall require, which the late Queen E∣lizabeth (of famous memory) for the most part kept in her owne power for gratifying her loving subjects withall, by a generall pardon of grace at every Parliament.

Thus much may suffice to have spo∣ken of the superiour or upper Court of Exchequer, touching the ancient course of passing Accompts by Sheriffes and other Accomptants.

In the next place, before I passe from the superiour Exchequer called Scacca∣rinm Computorum, to the lower called the Receipt: It will not be amisse to take a short view of the Officers there, and in whose gifts their Offices are.

And first for the Lord Treasurer and Chancellor, their places are as anci∣ent as the Exchequer, and in the Kings gift.

The Vnder-Treasurer or Vice-Treasu∣rer was not knowne till the time of King Hen. 7. at which time the Lord Treasurers Remembrancer was made Vice-Treasurer, and whether of the Kings nomination or the Treasurers, is not knowne. Sir Iohn Baker being nominated Vice-Treasurer in the time of Hen. 8. had a patent from the King of the said Office, under the great Seal, which is still in the Kings gift.

The chiefe Baron and three other learned Barons, and the Puny or Cur∣sitor Baron are all in the Kings gift.

The said Cursitor Baron being so called because he is chosen most usual∣ly out of some of the best experienced Clerkes of the two Remembrancers, or

Clerke of the Pipes Office, and is to informe the Bench and the Kings lear∣ned Counsell from time to time, both in Court and out of Court, what the course of the Exchequer is for the pre∣servation of the same, and of the prero∣gative and benefit which his Majesty hath thereby which the course of the Court most commonly maintaineth and respecteth.

The two Chanoberlaines had in old time great Authority in the Exchequer, and have kept the keyes of the treasu∣ry Coffers, and were ever privy to the pells of Introitus & exitus, of the which each of them are to keep a con∣trolement at this day, and anciently no money was issued out of the receit without their privity, their names be∣ing still continued in all privy Seales for payment of money out of the re∣ceit, though it is now delivered with∣out them. Their place in Court is next to the Barons, and they may sit & keep their places daily in Court if they like to attend and hearken to the causes there without any intermedling there∣in But at the election of the Sheriffes Crastino animarum they use to be pre∣sent,

and may say their opinion for preferment or stay of men to be She∣riffes, as the Barons and Iustices do. Their places were anciently of in∣heritance, but now are in the Kings guift.

The Kings Majesties Attorney and Sollicitor generall have beene alwaies reckoned amongst the Officers of the Exchequer, though they have audience and come within the barre in all other Courts, their places being in the Kings guift.

The Kings Rememcrancers Office hath alwayes since the first erection been in the Kings guift.

The Treasurers Remembrancers Office implies by the title that it hath beene in the Lord Treasurers guift, but for a long time it hath been and now is in the Kings guift.

The Office of the Clerke of the Pipe, or ingrosser of the great Rol, was anci∣ently in the Lord Treasurers guift till about the time of Ed. 3. since which time it hath beene and now is in the Kings guift.

The Office of the Controller of the Pipe is at this day and alwayes hath

beene in the gift of the Chancellor of the Exchequer, the said Controller be∣ing anciently stiled Clericus Cancellar. and the Clerke of the Pipe Clericus Thess. and Cancellarius was and is still written upon the Controllers Roll & Thes. anciently upon the great Roll, to distinguish between them: And for that reason, some have been of opini∣on that the Chancellor sits above the Lord Treasurer in the Exchequer Court, because of his superintendency and controlement over his Roll.

The office of the Remembrancer of the first fruits and tenthes in the Kings gift.

The Surveior generall of his Maje∣sties lands, &c. in the Kings gift.

The Clerke of the Pleas in the Chan∣cellors gift.

The forraine Apposer and Clerke of the Estreats in the Lord Treasurers gift.

The two Auditors of the imprests, in the Kings gift.

The seven Auditors of the Revenew, who have in charge before them the Revenew annexed to the Exchequer upon the dissolution of the Augmenta∣tion

Court, anno 1. Mariae Reg. and be∣fore whom the receivers generall make their accompts according to their seve∣rall assignments by their letters patents under the great Seale from the King. The other businesses which belongs to their places as they are Auditors, or Clerkes in the Exchequer for taking the accompts of Sheriffes, Escheators, Cu∣stomers, Controllers, Collectors of Sub∣sidies, the Cofferers Accompt, and the like, they have them by assignment from the Marshall of the Exchequer from time to time in open Court, and so entred in his booke, to the intent no accomptant should take an Auditor of his owne choice. Their places are in the Kings gift.

The Auditor and Receivor gene∣rall of the Dutchy of Cornewall are in the Kings gift in the vacancy of a Duke of Cornewall.

The Receivers generall of the Kings Revenews, &c. being about two and twenty in number, in the Kings gift.

The surveior of the Greenewax, in the Kings gift; this Office was erected in the time of King James, upon the ad∣vice

of the Lord Treasurer, Chancellor, Ʋnder-Treasurer, and Barons of the Exchequer, and the Kings learned Councell, as appeares by a Table set up in the Exchequer, setting forth what the said Officer is to doe in his place.

The two Deputy Chamberlaines, be∣ing Joyners of the Tallies, in the two Chamberlaines gift.

The Marshall of the Court, now in the Kings gift.

The two Parcell-markers being so called, because they were ordained in the time of R. 2. to make the parcels of all Escheators accompts, and were wont to receive out of the Treasurers Remembrancers Office, by a note un∣der their hands, all the Transcripts of Offices sent thither yearly out of the Chancery, which were found by any Escheators; and out of those they were to collect into a particular Roll, the parcels wherewith every Escheator was to be charged by the Auditor up∣on his accompt; but the Escheators were in the time of Queen Elizabeth, discharged from making accompts for any new Escheats, the same being put in charge in the Court of Wards, so

as there is little or no use of their Offi∣ces at this day, but for the old Escheats remaining in the Escheators accompts, whereof little or nothing is answered to the Crowne by them: howbeit they anciently made their accompts at large in the Exchequer, which are ex∣tant at this day in the Pipe, and are still called upon the Scroll of accomptants, and ought to strike a Tally for their proffers every yeare, which of late time hath been neglected.

The Clerk of the Nichils is in the Chancellors gift.

The Sealer of the Court is the Chan∣cellors gift.

The Chiefe Vsher of the Exchequer, is hee that by inheritance hath the keep∣ing of the Exchequer Court, the Exche∣quer Chamber, and the house, with all the appurtenances, where the Court useth to dine when they sit about the Kings businesse; hee maketh provision for all the necessaries both of the Ex∣chequer, and of the Receipt, and hath allowance thereof at every Liberate: and seeth to all places of the Court, that all Doores, Chests, Records and things be in safety from fire, water, or

other spoile, &c. and hath the over∣sight of the rest of the Vshers, and the six ordinary Messengers of the Court, that they make a true delivery, to the Sheriffes, and all others of the Kings Proces, &c.

The two Praisers of the Court con∣cerning uncustomed goods, in the Vn∣der Treasurers gift.

The foure ordinary Vshers of the Court, in the said chiefe Vshers gift.

The six ordinary Messengers which carry the proces of the Court to She∣riffes, &c. in the said chiefe Vshers gift.

Thus much for the names of the said Offices, in the said Superior Exchequer, and in whose gift they are. But as to the particular duties which are inci∣dent to every of the said offices, and to those of the Receipt, or what particu∣lar Records every of them hath in his custody, and of what nature and anti∣quity they are, it is not my purpose to treat of in this place: for that would be a very great worke of it selfe; but onely of so much as shall fall in my way, concerning the managing and or∣dering of the Kings Revenues: how∣beit

thus much I may say, that there are so many excellent Records in the Of∣fices of the two Remembrancers, Clerke of the Pipe, and in the severall Treasu∣ries both in the upper and lower Exche∣quer. As they may indeed bee called Treasuries where those Records are kept, they being the greatest Treasure of the Kingdome; insomuch as I have heard a great Lawyer say, That he ne∣ver understood what Law was, till hee ••ame up those staires. And to say the tuth, there must needs bee more then ••rdinary matters, and great variety of taem found in that Court, whither all the other Courts of the Kingdome, as rivers to the sea, in some kinde or o∣ther, have their resort.

The Offices in the inferior or lower Exchequer, commonly called the Re∣ceipt, are these which follow, viz.

The four Tellors of the Receipt (whose Offices are in the Kings gift) doe re∣ceive all the Kings moneyes which are paid into the Receipt by Sheniffes, Custo∣mers, Farmers, and other Accomptants and Debtors whatsoever, and doe write a Bill thereof in parchment, expressing therein the summe by them received,

and of whom, and for what; which Bill they deliver (not to the party that payeth the money,) but put it downe through a Trunke made for that pur∣pose, into the Chamberlaines Court for a Tally to be stricken for discharge of the party.

The Clerk of the Pell (whose Office is in the Lord Treasurers gift) keepeth the Pell in parchment, * 2.15 called Pellis Re∣cepte, wherein every Tellers Bill with his name on it, is to be entred; and un∣der every such Bill when it is entred, Recordatur to bee written in open Court, for a Controlment to charge the Teller with so much money as in the said Bill is set downe.

He alse anciently kept another Pell, called Pellis Exitus, wherein every dayes issuing of any the moneyes paid into the Receipt, was to be entred, and by whom, and by what Warrant, privy Seale or Bill it was paid.

The Auditor of the Receipt (whose Office is in the Lord Treasurers gift) taketh up every Tellers parchment Bill, * 2.16 after it is marked Recordatur by the Clerke of the Pell, and entred by the Controllers of the Pell, (who were an∣ciently

also to make entry thereof in a Counter Pell) and fileth it upon a File; and then his Clerk that is called Scrip∣tor Talliar. & Contratall. writeth double upon every Tally the whole let∣ter of the Tellers Bill, that when the Tally is cloven both the foile and the stocke thereof, may have like letter u∣pon them.

The said Auditor doth also en∣ter, all the said parchment Bills in a Booke which is to him as Pellis Recepte; and by those hee doth see what every Tellor receiveth weekly, and of whom, and maketh certificate thereof to the Lord Treasurer, &c. as hee is comman∣ded, how all the money of the Receipt particularly is paid and received: and to that end, maketh to every of the Tellors a Debentur, before any of them can pay any money out of the Receipt, be it upon Fees, privy Seales, or any Warrants whatsoever.

He likewise keepeth the Lord Trea∣surers Key of the Treasury, where the ancient Leagues of the Realme, the Perambulations of the Forrests, the Re∣cords of Iusticiar. Itiner. and divers other ancient Records of the Kings

Bench and Common Pleas doe lye both in the old Court of Wards, and in the old Parliament House in the Cloister at Westminster, where no search can be made without the said key come with both the Chamberlains keyes thereof, where also the blacke Booke of the Recept, de necessariis Scacca. observanciis, agreeing in that point with the red Booke in the Kings Remem∣brancers Office, is kept.

The two Vnder-Chamberlaines bee both the Chamberlaines Deputies for the Recept, * 2.17 and their places in the said Chamberlaines gift, the tallies so writ∣ten upon (as before) are delivered to them, and the one of them holding the Tally, and the other the Cleaver and Mallet cleaveth the Tally in the midst, and then one of them taking the stock and the other the foile, and the Clerke of the Pell, and his Controllers, their bookes, wherein the said tellers Billes are recorded, the Cleaver saith, exam. and readeth the stocke aloud, and his fellow, the Clerke of the Pell, and his two controllers seeing the stocke to agree with them all, the said stocke is delivered to the party that paid the

money for his discharge, and the foile cast into the Chamberlaines chest where they keep all their foiles toge∣ther with their knives and the book of Doomesday, &c. untill the joyners fetch away the said foiles which they keepe in their Office in the upper Ex∣chequer to bee rejoyned and examined with the stocke delivered to the party for his discharge, which is not to be al∣lowed of upon Record in the Pipe, by the first Secondary there, untill the same be so rejoyned and delivered in Court to the said Secondary by the said joyners with their marke testify∣ing that by their examination the same agreeth with the foile in their custody.

And in the said chest are also kept the keyes of the Treasury under three locks, whereof the Auditor of the Re∣cept hath one key belonging to the Lord Treasurer, the two under Cham∣berlaines another key, and the Vsher of the Receipt (whose place is in the Kings gift) another, who attendeth by himselfe or his Deputy, and is to doe all things there which other Vshers ought to doe and to keep the Receipt

as the Vsher by Inheritance doth the upper Exchequer.

The said under Chamberlaines make all searches in the Treasury for any Records, at the suit of the parties, and copies and exemplifications of the same, whereof the Fees are divided betweene them and the keeper of the Lord Treasurers key.

The cutter of the Tallies is another Officer in the Receipt: * 2.18 of the Lord Treasurers guift, who provideth sea∣soned and proportionable hasells and cutteth them to fit lengths into foure∣square sides, to the end they may the better be cloven and written upon, and casteth them into the Court from time to time as any of them be called for, and receiveth his dividend Fee (with the Clerke of the Pell, the scriptor talliar. and Vnder Chamberlaines) of the par∣ty that sueth it out.

The foure ordinary Messengers of the Receipt, * 2.19 (whose places are now in the Kings gift) are Pursuyvants attending upon the Lord Treasurer for carrying his letters and precepts to all the Customers, Controllers and Shearchers throughout the land, who are to ride

and goe upon any other his Majesties Messages, where it is his Lordships pleasure to command them.

Thus much in briefe concerning the Inferior Court of the Exchequer, called the Receipt.

I have been the more large in setting downe the particular grounds and Rules of the Exchequer, according to the common Lawes and Statutes of this Realme, and the ancient course of the said Court for the charging, dischar∣ging, bringing in and answering of the Revenues of the Crowne, both cer∣taine and casuall: and that especially for these reasons following.

First, that the wisedome and provi∣dence of our Ancestors may appeare in providing for the indempnity of the King and his Subjects; wherein, prin∣cipally, care is to bee taken, that (as no∣thing is to bee charged) so nothing to bee discharged but by matter of Re∣cord.

Secondly, that no one Officer is trusted alone with the bringing in, charging, discharging, receiving, or issuing out of the Kings Revenues, in∣somuch as for the better and more or∣derly

controlment and security there∣of, all the said Revenues both certaine and casuall, are to bee reduced from their originall fountaines and heads, in∣to the Annuall or Great Roll of the Ex∣chequer, * 2.20 being the old Channell or Pipe for conveying the same into the Kings Receipt. And from the said Annuall or Great Roll (not onely for the reasons formerly alledged, but for controlment sake) proces is first to be written to the Sheriffes by the Controller of the Pipe, who yearly writes a duplicate of the said Annuall or great Roll, for the bet∣ter controlment thereof. And that this is, and ought to bee so, the constant course now observed and continued in the Offices of the two Remembrancers of the Exchequer, will make it unque∣stionable: for that neither from the originals of the Chancery, nor for any o∣ther debts or summes of money recove∣red for the King in either of their Offi∣ces, any proces is made to the She∣riffes by either of them, for leavying thereof, but the same are at this day, (as formerly hath been used) ••••st drawne downe from thence, and char∣ged in the said Annuall or great Roll,

according to the ancient course of the said Court, and the said statute of Rut∣land, Anno 10. Edw. 1. And the like course hath been alwayes used and ob∣served concerning the Accompts of Collectors, Customers, Receivers of Bi∣shops Temporalties, and all other Accomp∣tants whatsoever, within the survey of the Exchequer. For though they be de∣clared by the Auditors before the Trea∣surer, Chancellour and Barons, or all or some of them; and entred in the Offi∣ces of both the Remembrancers, yet they are not thereby fully determined, before they come to the Pipe, where they are to remaine upon Record for ever, as the Kings and Subjects evi∣dence; and where their Tallies being first examined, and joyned with their Foyles, are to bee allowed, and the Debts and Supers therein depending (if any such bee) entred in the said great Roll, so as proces may be written from thence for levying thereof, as before is observed.

And as there is no one Officer in the Superior Exchequer solely trusted, so it is most evident, that in the inferior Court there is to bee a concurrence of many

Officers in the trust: for the Tellors Bill is not delivered to the party which payes the money, nor trusted with any one Officer to charge the said Tellor therewith; but it is entred with the Clerke of the Pell, and with the Control∣lers of the Pell, and againe entred with the Auditor of the Receipt, who files the same: and the stocke of the Tally delivered to the party for his discharge; and yet this to be no discharge for him, till it be rejoyned with the other part, and allowed in the great Roll. All which caution (without doubt) hath been by the great wisedome and expe∣rience of our Ancestors, found necessa∣ry to be imposed and observed for pre∣venting of the frauds and abuses which otherwise would ensue to the Crown; many falsities having been anciently discovered in Tallies for want of joy∣ning, as Hill. Record. Anno 3. E. 4. Rot. 10. ex parte Rem. Thes. cum multos aliis, and both in the time of the late Queene Elizabeth, and King Iames of blessed memory: Many such falsities having been discovered in Tallies for want of joyning; so as I may conclude this point with Gervasius Tilburiensis, That

no Officer is solely trusted with the Kings Revenues, no not the Treasurer himselfe: And the reason which hee gives for it, is, that besides the control∣ment of the great Roll (being the Trea∣surers Roll) by the Chancellors Roll, there was a third Roll to bee ordained, Quia (saith he) triplex funis difficile sol∣vitur.

And thirdly and lastly, that it may appeare that the Sheriffes onely were the constant Officers and Ministers for leavying and bringing in the certaine Revenues and Debts of the Crowne. And that the ordinary proces of the Exchequer to Sheriffes for leavying and bringing in therof, was and is most suf∣ficient and efficatious (as to the King) and most secure and safe (as to the sub∣ject) in case they shall conceale any thing upon their accompts which they shall so receive, as hath been formerly observed. And that there will bee no need of Resort to bee made for the im∣ployment of Messengers, * 2.21 or to make use of any such Arbitrary or Illegall courses so burdensome to his Majesties sub∣jects, for bringing in any part thereof, if the same be written out to Sheriffes

in due time, and the Sheriffes strictly holden to the answering there of, with∣out posting and setting off de Anno in Annum, his Majesties good debts, and Farmes, but by just matter of Record, according to the ancient course of the Exchequer, and the Lawes and Statutes of this Realme.

And if the use of Messengers, or any other arbitrary course were allowable, it is probable that the nupriall Queens of this Realme, participating so much of the Regality of the Crowne, having a Court, a Chancellor and Seale of their owne, might make some use thereof for bringing in the Arrerages of Rents, their Aurum Reginae, and other debts and duties belonging to them in their owne particular estates; but it is so far otherwise, that by the common Lawes of this Land, they have the same pow∣er for bringing in their said debts and duties as the King hath, as appeares by a Writ directed to the Sheriffe of Norfolke and Suffolke, out of the Ex∣chequer 24. Maii, Anno 14. Edwardi primi. The tenor of which Writ fol∣loweth.

Edwardus Dei gratia Angliae Rex, Do∣minus Hiberniae, & Dux Aquitan.

Vic. Norff. & Suff. salutem,

Cum secun∣dum antiquam consuetudinem approbatam, & hactenus optentam, Idem modus in debitis Reginarum levandis & redden∣dis, qui & in nostris servari debeat, ac debita nostra juxta candem consuetudinem a aebitor. nostris sunt levanda & nobis reddenda antequam quibuscunque Cre∣ditor corundem de debitis suis satissiat, Cum{que} Willielmus de Huntingfield cha∣rissime matri nostre Alionore Reginae An∣glie in xxxij. l'. teneatur prout nobis constat per inspect. Rotulorum de Scaceario nostro, I dem{que} Wilielmus teneatur quam plur. in diversis pecuniarum summis prout tu re∣tornasti coram Baron. in crastino clausi Pasche prox. pretcrit. volentes ipsam ma∣trem nostram prerogativa predict. quoad debita sua levand. sicut aliae Reginae An∣gliae eadem in casu consil. sint gavise, tibi precipimus quod de bonis & catall. & de exit terrar. ipsius Willielmi in Balliva tua fieri facias predictas xxxij. l'. antequam debita quorundam creditorum suorum le∣ventur. Ita quod eas habeas ad idem Scac∣carium nostrum apud Westmonasterium à die sanctae Trinitate in xv. dies Waltero de

Castello custodi Auri ejusdem liberand. & hoc breve Teste, &c. Per Rotul. memor. de anno 54. H. 3.

And that this course by Writs dire∣cted out of the Exchequer to Sheriffes, and no other, was used as well in those ancient times as in all the times sithence, even unto, and in the time of Hen. 8. for bringing in the debts and duties belonging to the nuptiall Queenes of England, appeares by di∣vers like Writs and Records remaining in the Exchequer: And the reason why such a legall course and no other was allowed to the said Queens, for getting in their debts, I conceive was this, be∣cause the Subject might demurre or take Issue upon any such writ where there was just cause, which he could not doe in case a messenger or other demand out of the Queens Court had beene made for the same.

I have the rather vouched this pre∣cedent here concerning the manner of levying the Queens debts, in regard some of the Auditors of the Revenue having of late moved and pressed the Lords Commissioners of the Treasury at

the Councell board for signing of war∣rants to messengers for bringing in di∣vers supers and debts aswell within the Queenes joynture as parcell of the Kings Revenues, depending in the Ac∣compts of generall Receivors, which a noble Lord at that board (being tender of all unjust vexations to his Majesties Subjects) withstanding, as conceiving the ordinary proces of the Exchequer to be most proper and sufficient for bringing in his Majesties debts, a dire∣ction was made to the Barons of the Exchequer to call unto them the Offi∣cers of the said Court and to certifie whether the imployment of messen∣gers in those cases were legall, who certified their Lordships that their im∣ployment in that kinde was not accor∣ding to Law; and that by the ancient course of the Exchequer, and the Laws of this Kingdome, the Auditors ought to deliver the Accompts of the recei∣vors and ministers of the Revenew in charge before them into the Pipe every yeare by the twentieth of March, so as proces might bee made from thence to the Sheriffes for levying of the supers and debts depending in those

Accompts; but I shall have occasion to speake somewhat more of this in the ensuing discourse concerning the great and superfluous charge and losse the Crowne hath beene put unto in bringing in those Revenewes, which was alwayes carefully avoided by the like wisdome of our Ancestors, it being provided by the foresaid Statute of the Exchequer Anno 51. H. 3. that the Ex∣chequer be not charged with mo per∣sons then is necessary. For as our An∣cestors had one principall care in the constitution of the Exchequer to see that the Kings Farmes, Rents and o∣ther his sperate debts, and duties were duely answered and not prolon∣ged or posted off from yeare to yeare, whereby they might either grow des∣perate, * 3.1 or become grievances to the subject by being charged upon the debtors suerties or the purchasers of their lands as hath beene formerly obser∣ved; so had they a like speciall care to see that all unnecessary and superflu∣ous charge in bringing the said Reve∣newes into the Kings Coffers should be avoided, which rules if they had beene of late yeares observed in the

Exchequer many great and unspeake∣able losses to the Crowne, and many unsufferable grievances to the Subject might have been prevented.

It is true that for some private ends, and other respects upon the great glut of Revenew which came to the Crowne in the time of Hen. 8. many new Exchequers and Courts of Reve∣new were created and erected by Parli∣ament (besides the Court of the Dutchy of Lancaster erected in the time of Hen. 4.) As the Court of Angmentations, the Court of generall Surveiors, the Court of first Fruits and Tenths, the Court of Wards & Liveries. But it is well known what is become of most of those Courts, as namely the Court of Aug∣mentations, Generall Surveiors, and first Fruits and Tenths, all of them being dissolved by Act of Parliament in anno primo Mariae Regine, and turned into the old Channell, viz. annexed to the Exchequer, where (be the Kings Reve∣new two millions or more) it may be as well managed and brought in, as if it were but one; the reasons why the said Courts were then so dissolved being in those dayes notoriously knowne and

openly declared, as namely, for that the Revenewes in those Courts, were in a manner wholly wasted and devou∣red by the new and unnecessary Offi∣cers of those Courts; the Court of the Dutchy of Lancaster, and that of the Wards and Liveries, being also offered by the Parliament at the same time to be by the said Queen Mary in like man∣ner dissolved by her letters patents and annexed to the Exchequer where all the benefit arising by Wardships and Li∣veries was before the erection of the said Court, Anno 32. Hen. 8. answered to the Crowne.

And howsoever the said Court of Wards and Liveries (as being at that time a profitable Court to the Crown) might in the same time of Queen Mary escape from being reannexed to the Exchequer; neverthelesse it is not a little strange that the said Dutchy Court of Lancaster should both then and ever since be continued by it self, at so great a charge for so small a re∣venew, it having cost the Crowne since the said first yeare of Queen Ma∣ry neare upon two hundred thousand pounds, which might have been saved

if the same had been then annexed to the Exchequer, and there managed in such manner and sort as was then in∣tended by the Parliament.

But it may seeme more strange when it shall be made to appeare that the generall and particular Receivers, Bayliffes and Collectors of the Court of Augmentations, which by the true mea∣ning of the Parliament Anno 1. Mariae (when the said Court was annexed to the Exchequer) were intended to be dis∣charged and put to their pentions, and the said Revenew to be from that time brought in and answered by the She∣riffes of each County according to the ancient course, have beene ever since continued in the Exchequer to the un∣supportable burthen and charge to the Crown, and infinite grievance of the Subject, it having cost the Crowne since the dissolution of the said Court Anno 1. Mariae (for the private ends and respects of some few) not so little as six hundred thousand pounds, which might have been saved if the Revenews of that Court had been managed in the Exchequer according to the said anci∣ent course, and in such sort as was then

intended by the said Parliament.

But besides all this to make good the old maxime, Vno inconvenienti concesso mille sequuntur, it will appeare that in all this time there hath beene no man∣ner of controlement of the Accompts of the said generall and particular Recei∣vors, Bayliffes and Collectors of the said Revenews amounting to 100000 pounds per aunum and upwards, as namely, the Receivors have not beene sworne to their Accompts yearly, their tallies not joyned, their accompts not en∣tered with the two Remembrancers, nor delivered into the Pipe as by an ex∣presse Article Anno 1. * 3.2 Mariae upon the annexation of the said Court of Aug∣mentations to the Exchequer is ordai∣ned to be yearly performed by the twentieth of March, and so lately cer∣tified by the Barous of the Exchequer as is formerly alledged; the said Ac∣compts having been ever since left to the determination and keeping of the sait Auditors in their particular assign∣ments without any maner of controle∣ment, by meanes whereof there may be many great concealements in the said accompts which none of the

Kings Officers in the Exchequer can discover, but the Auditor himselfe.

And for the grievances which have been by the same meanes occasioned to his Majesties Subjects by reason of the multitude of Supers and Arrerages of Rents, which from time to time ever since have depended in those Accompts upon the Farmers, Bayliffes and Colle∣ctors of the said Revenewes. And upon the Receivors themselves, some for 5000 l'. some 10000 l'. some more, some lesse, both in the time of the late Queen Elizabeth, and the late King Iames: The infinite numbers of estal∣ments and seisures of the lands of Re∣ceivors and their sureties, and of the lands which came from the said Debtors by purchase or discent, and orders of Court concerning the same in the time of the said K. Iames before the Stat. of 21 Iac. for discharging of old debts in his now Ma•••••••• time, together with the loud outeries against messen∣gers lately imployed at the prosecuti∣on of some patentees for old debts, for bringing in the like arrerages of Rents behind, which depended in some of those accounts, some for 10, some 20,

some thirty yeare before they were sent in proces, will sufficiently testifie.

And as if the continuation of the foresaid Receivers, and other needlesse and unprofitable Officers and Accom∣ptants, had not beene burdensome e∣nough to the Crowne, there have been of late introduced & added two new Re∣ceivers, and two new Auditors for the Revenue of Recusants, with sundry dire∣ctions procured for transferring the charge of the said Revenues from the great Roll of the Exchequer to the said new Auditors, and for superseding of all proces to Sheriffes, other then for such debts owing by Recusants, as their Mes∣sengers cannot levie; as also for the payment of so much thereof, as the said Sheriffes should leavie to the hands of the said new Receivers respectively, which was formerly used to be paid in∣to the Kings Receipt. How farre this bold attempt, together with the Non-obstantes in the Leases of Recusants lands, might have trenched as well to the subversion of the good lawes made against Recusants, as to the diversion and consumption of the said Revenue, (if this Parliament had not been so sea∣sonably

called by his Majesty) may wel be imagined.

And if the removing and altering of the ancient bounds betweene neigh∣bour and neighbour bee forbidden by the Law of God as a great offence and a cursed thing, by reason of the great trouble and unquietnesse which is cau∣sed thereby, how much more do they offend which remove and alter the an∣cient bounds which our forefathers have set betweene the King and his people, either in the constitution of the Exchequer, or in the execution of the Lawes and Statutes of this King∣dome appointed and limited for the government and ordering of the Kings Revenews there? In which case it were to bee wished that some severe Law might be made for the punishment of those which under any specious pre∣tence whatsoever goe about to pro∣cure any warrant for the altering or removing any the bounds formerly li∣mited or ordained for the answering and bringing in of the said Revenews, unlesse it be by Act of Parliament, see∣ing so great mischiefes and inconveni∣ences both to the King and Subject ensue thereby.

And if it be true that Sheriffes have been (time beyond memory of man) the Receivors of all the certaine rents and debts whatsoever belonging to the Crown within the limits of their Baily∣wicks) other then such as are to be imme∣diately paid into his Majesties Receipt of Excheq. or into his Chamber, Wardrob, to the cofferer of his houshold, or the like, how absurd a thing is it for the Sheriffe, having received such rents ••r debts from the Kings Tenants or debtors to pay the same over to one of the Kings Recei∣vors, for him to pay into the Kings Re∣ceipt, and not to pay the same immedi∣ately into the Kings Receipt with the other moneies due upon his Accompt, or why the Farmer or Collector being to pay his rent or charge into the Kings Receipt should not rather pay the same to the Sheriffe then to a Receivor who must be paid for portage besides other allowances from the King. Ac∣cording to which supposition I con∣ceive it would seeme a strange peece of husbandry to the Crowne, if the Collectors or Farmers of the great Cu∣stomes and Collectors of the Subsidies in every County (who are to pay their

moneyes into the Receipt) should bee appointed to pay the same to some of the Receivors, and the same Receivors to pay it into the Kings Receipt; such kind of husbandry as this, is the employ∣ment of other Receivors besides the She∣riffes for receiving the certaine Rents and Debts of the Crowne at this day.

And for proofe that the Sheriffes have alwaies beene the Receivors of the certaine Rents and Debts belon∣ging to the Crowne, and other Recei∣vors in the Exchequer avoided as un∣profitable and needlesse, I shall not need to insist upon any other proofe for this, then what I have herein for∣merly set downe, to make it unquestio∣nable, but that one Writ of 16. Hen. 6. directed from the King to the Treasurer and Barons of the then Exchequer, which in effect was seconded by an Act of Councell in the time of Queen Mary.

The tenor of the said Writ anno 16. Hen. 6.

Henricus Dei gratia Rex, &c.

Thess. & Baron. de Scaccar. salutem.

Cum mon∣stratum

sit nobis qualiter dilectus noster Robertus Whittingham Chivaler hab. of∣ficium Receptoris generalis omnium terr. &c. que fuerunt Iohannis nuper Ducis Bedford. Avunc. nostri carissimi de∣funct. & quod officium predict. non est ad commodum nostrum, quia vadia & feoda quae ea de causa de nobis percepta sunt pos∣sunt bene fore omissa. Et quod Vicecomites nostri possunt bene levare Revenciones in manibus nostris existen. prout fuit ante hoc tempus. Ideo vobis mandamus quod di∣ctum Robertum exoneretis ab officio pre∣dicto &c.

By which it appeares that this one extraordinary Receivor in the time of King Hen. 6. was deemed a burthen and unnecessary charge to the Crown, and therefore according to the con∣stant course of the Exchequer, thought fit to be discharged of his Receipts, and the same to be transferred to the She∣riffes, prout fuit ante hoc tempus, which was so done accordingly.

The like we shall finde in the third and fourth yeare of King Philip and Queene Mary, in a report made to their Majesties by the then Lords of the

Councell, upon some question (after the annexation of the Court of aug∣mentations to the Exchequer) whether the Sheriffes or Receivors were the fit∣test Ministers for receiving the Rents and Revenues of the Crowne; and whether the Dutchy Court of Lanca∣ster ought not to be annexed to the Ex∣chequer, and all Manors to bee demised in grosse with their casualties at a cer∣taine Rent, for cutting off all superflui∣ty of expenses.

The Report is as followeth.

SVmus in priori opinione, quod Viceco∣mes sit maxime idoneus qui recipiat annuos redditus vestrarum Majestatum infra limites suorum officiorum, & de illis respondeat vestris Majestatibus.

Et ad id quod dicitur Vicecomites male jam respondere de iis quae corum fidei com∣mittuntur putemus id eo fieri, vel quiae officiarii Scaccarii non urgeant neque in∣stent prout corum officii est, vel quia ab ini∣tio male eliguntur: Et utri{que} huic mal•• facillime succurritur si Vicecomites bene e∣ligantur.

Et quod Vicecomites s••nt ad hanc rem

maxime idonei, movemur iis rationibus quae sequuntur.

Vetera exempla hujus regni cum optime & cum maximo honore regeretur osten∣dunt quod omnes annui redditus coram solvebantur per Vicecomites.

Nec putamus quod Vicecomites (prestr∣tim si bene eligantur) erunt tam tardi in pecuniis solvendis computísve reddendis, quam Receptores & sunt & semper hacte∣nus fuerunt.

Vicecomites (quorū officium annuum est) & annuatim computa reddunt, non possunt celare pecunias vestrarum Majestatum quemadmodum Receptores solent.

Receptores enim (quorum officium per∣petuum est) debita prioris anni solvunt ex redditibus sequentis, quae fraus vitabitur si Vicecomites perficiantur huic Cure: ac etiam annue expense quae nunc fiunt pro multis officiariis cessabunt.

Vicecomites eliguntur de honestioribus, Equitibus, sive Generosis singulorum Co∣mitatum: Receptores sunt plerun{que} homines nullius estimationis.

Vicecomites Eliguntur annuatim per ve∣stras Majestates ex consensu Magnatum & Judicum Regni: Receptores autem as∣s••••••untur per privatos favores amicorum.

Sumus etiam in priori opinione quod terrae & possessiones Ducatus Lancastriae, possunt bene reduci ad Scaccarium: Et quod fieri potest salvis etiam omnibus Co∣lonis sive tenentibus dict. Ducatus, suis libertatibus, privilegiis & consuetudini∣bus, quibus omnibus frui & gaudere pos∣sunt, Coloni & Tenentes praedicti, non mi∣nus integre in Scaccario, quam nunc fru∣untur in Curia Ducatus, & ad hanc o∣pinionem movemur iis rationibus.

Annue expense quae fiunt pro multis Of∣ficiariis Ducatus cessabunt.

Terrae & possessiones Ducatus Lancae∣striae, cum sint in multis & seperatis Comi∣tatibus possunt carum possessionum annui redditus per Com. illorum Vicecomites uno labore colligi simul cum aliis redditi∣bus.

Cum Ducatus Lancastriae jam descen∣derit ad Reginam unacum Corona, non vi∣demus quare non debeant ejusdem Duca∣tus terrae & possession. gubernari in Scac∣cario quemaedmodum possessiones Principat. Walliae, Ducatus Cornub. Eboraci, & eo∣rum consilium.

Nobis etiaem non videtur praejudiciale sed vaelde utile vestris Majestatibus quod Ma∣neria & cum illis omnia casualia locentur

ad firmam, reservatis Boscis, Wardis, maritagiis, Miner. & Advocationibus Ecclesiarum.

Idem quo{que} putamus de sylvis ceduis quos subboscos diximus, quos utile puta∣mus ad firmam dimittere & movemur ad hanc opinionem iis rationibus.

Si locentur Maneria atque omnium a∣liorum generum terrae & possessiones cum casualibus & subboscis annui. redditus vestrarum Majestatum erunt certi qui nunc incerti sunt.

Annui sumptus reparationem Senes∣callorum corum qui Nemora custodiunt, & multorum aliorum officiar. cessabunt.

Multi annui redditus, & multa servi∣cia, quae nunc partim, dolo malo, partim, negligentia Senescallorum Balliorum & a∣liorum officiar. non exiguntur & ita paulatim pereunt: semper solventur cum firmarii & propter privatum lucrum su∣um, & propter obligationem qua tenebun∣tur diligentius illa curabunt.

Miseri Coloni, sive pauperiores tenen∣tes quibus variis artibus extorquentur pe∣cuniae tam per officiarios quam per eor um famulos, honestius tractabuntur si dicta Maneria cum casualibus & sylve cedue dentur ad Firmam honestis viris.

Lucra etiam illa quae ex casualibus & subboscis proveniunt, & nunc malis arti∣bus extorquentur per Officiarios, venient directe ad usum vestrarum Majestatum, atque id sine ullo praejudicio pauperiorum Colonorum qui plus favoris semper inve∣nient in vicino firmario honesto quam in extraneis emptoribus, Baliis, vel silvarum custodibus.

Et preterea potest aliis modis satis pro∣videri contra firmariorum avaritiam, con∣tra Officiariorum vero infinitas fraudes a∣liter provideri non potest, idque long a expe∣rientia nimis cognitum est.

As by the said Report remaining in his Majesties Library at White-Hall, (amongst other things) may appeare.

Wherein it is most evident of what use and estimation Sheriffes (being but for a year) have alwayes been, for bringing in the Revenues of the Crowne; espe∣cially if they bee well chosen, and held to the performance of their duties by the Officers of Exchequer: with this further observation, How remisse the Receivors were in those dayes, and had ever been in paying what they recei∣ved, and making their accompts in due

time. Besides, it is well knowne how many Receivors both in the time of the late Queene Elizabeth, and the late King James, as is before observed, have broken for very great summes of money, which were never paid at such a rate per annum, as the interest a∣mounted unto: But it cannot be proved that ever any one Sheriffe broke in that kinde.

Moreover, by the said Report may be observed the faithfull advice given to the Queene, by the said Lords of her Councell, to demise all her Manors in Grosse with the Casualties and Woods, and so to make her Rents certaine, and cut off the great charge of Stewards, Bailiffes, and other Officers: for that otherwise, Contra Officiarum infinitas fraudes provideri non potest idque longa experientia nimis cognitū est, as before is observed. On the other side, it may bee observed, whether the advice of those Officers who then advised the Queen to keep the Royalties and Casualties of her Manors in her own hands by ap∣pointing Stewards and Bailiffes of her own to manage the same, and onely to demise the Demeanes of every Manor at

the old Rent payably halfe yearly, was the best Counsell; we that have had the experience of those and our owne times, can best judge, as those Lords in their experience then found it, viz. that it had been much better for the Queen to have demised the Mannors in grosse with the casualties (as was by them pre∣scribed) at a certaine Rent; For that upon severall mediums cast up by the Auditors of the profits of Courts and Casualties, and of the Fees of Bayliffes, and the Fees and Diets of Stewards for keeping of Courts, it hath appeared that the Fees and Dyets, of the said Stewards and Bayliffes have in all times sithence exceeded the casualties three thousand pounds per annum at least, be∣sides the Fees of the Receivors, Collectors and Auditors (causa exercitii) and the riding charges.

And for that it also appeareth that the best and most valuable and choisest parts of every Mannor have been demised at the old Rent for three lives and for xxj. xxxj. and xl. years in reversion, booke after booke, inso∣much as the Crowne hath beene by that meanes in a manner forestalled

from making any benefit thereof, as if the same had beene granted in Fee Farme. So as I shall be bold for the reasons aforesaid to conclude that the ancient course of demising the Man∣nors and Lands intirely with the ca∣sualties by the Lord Treasurer for the time being by way of Custody with the ordinary proviso of si quis plus dare volu∣orit de incremēto sine fraude vel malo inge∣nio, * 4.1 reserving the best Rent with the o∣ther exceptions before mentioned, was and is the most prudent and safest course for the Crowne; for that then upon all occasions, either for provision for the royall Issue, or other urgent occasions, the King might have his lands at his owne disposall when he pleased.

But now at the close and upshot of all, * 4.2 the case being cleared that the Sheriffe is the onely Officer appointed by the Lawes of this Kingdome for bringing in and answering the Reve∣nues of the Crowne, I cannot stoppe mine eares against the loud cries which Sheriffes make of the great and excessive charge and trouble which they are unjustly put unto in passing

their Accompts in the Exchequer.

1. By reason they have beene infor∣ced by the Officers of the Exchequer to take into their charge all the seisures upon their forraine Accompts (leavi∣able or not leaviable) and other dead Farmes and desperate debts which they cannot leavy.

2. To pay divers new exacted and extorted Fees and Rewards upon the passing of their Accompts.

3. To collect and leavy at their own charge the Greenwax moneyes and o∣ther his Majesties casual Revenues and Debts, granted in Farme, and given to divers Farmers and other Patentees who take the benefit thereof.

4. To accompt before the parcell maker of the Exchequer for such fellons goods and other like Escheates where∣with they have beene and are charged by the Auditors upon their forraine Ac∣compts, when there were or are any such.

5. And for that also divers Hundreds, Wapontakes and Gaols, parcell of their Balywicks, which by severall Acts of Parliament have been annexed to their Counties, have beene contrary to the

said Statutes granted away to sundry persons, and severed from their said Counties, so as they cannot have the Bayliffes at their command, and yet are still charged upon their Accompts with their said Bailywicks under the title de proficuis Com. By reason where∣of all men of quality have beene of late much discouraged to take the said Office upon them.

Which said complaints of theirs (be∣ing so just and true) may not be passed over in silence, but some fit remedies applied for their better incouragement according to the Lawes of this King∣dome: the said Office of Sheriffe being an Office of high trust and authori∣ty, both for the service of the King and Common-wealth; * 4.3 and the Sheriff being anciently stiled Firmarius & custos Cō.

And first, as to the injury offered to Sheriffes, in charging them with all the seisures in their forraine Accompts, and with other dead Farmes and desperate debts which at their apposalls they averre to be illeviable; all Sheriffes ought to be relieved herein by the foresaid Statute of Rutland An. 10. E. 1. which provides that nothing shall bee

written out to Sheriffes but such debts whereof there is some hope that something may bee leavied, and that all dead Farms and desperate debts, are to be removed from the Annual into the exannuall Roll, and not to be written out in proces to Sheriffes, but only read to them at their Apposalls to see if any thing may bee revived: And that a Commission bee awarded out of the Treasurers Remembrancers Office to faithfull and circumspect men in every County (as is before prescribed) to inquire of the severall seisures char∣ged upon Sheriffes in their forraine Accompts which they cannot leavy, to see if the same can be revived and made good; and if upon returne of the said Commission any of the said seisures shall prove defective and illeviable, that then the said seisures to be removed and discharged out of the said forraine Accompt, and put into an exannuall Roll as aforesaid, and the Sheriffe to be charged no more there with untill the same shall be revived: And for the time to come Sheriffes to bee charged with no more then is written forth in proces to them, nor with any Debt,

Farme or summe of money which at their Apposals they shall averre to be illevi∣able: they being many wayes punish∣able by the Lawes formerly alledged if they shall violate their oathes there∣in.

2. 3. And as to the wrong which She∣riffes have undergone by paying new exacted and extorted Fees, It is the de∣sire of every honest man that those beasts of prey which have so unconsci∣onably taken those new exacted Fees (who are in truth a great scandall to the whole Court and State) may be re∣formed or quite hunted out of the Ex∣chequer; they will easily be found out, some of their abuses to wards the King, and extortions towards the Subject appearing upon Record; and other of them having surreptitiously procured a kinde of new Authority to exact what Fees they please of Sheriffes and Lords of Liberties under colour of an Accompt to be made to the King for a supposed nothing.

And that there may be a table in the Exchequer wherein the ancient due Fees of all the Offices of the said Court may be regulated and moderated ac∣cording

to the quality and quantity of all manner of businesses, with some re∣lation to what was taken in the time of the late Queen Eliz. & some penal∣ty to be inflicted by a Bill to be passed in Parliament upon such as shall take or exact more then shall be therein set downe and allowed for time to come.

4. And as to the trouble and charge which Sheriffes undergoe for leavying of the Kings debts granted to paten∣tees, and for collecting the Fines, Is∣sues, Amerciaments, and other the Kings casuall Revenues granted in Farme, whereof the Farmers take the benefit, paying a certaine Rent to the Crowne: That either some course may be taken that the said Farmers and Pa∣tentees may make some fit allowance to the Sheriffes for their trouble and charge therein, or that his Majesty may take the benefit of the Revenues of that nature in kinde, as they shall arise and grow due as was formerly used be∣fore the granting of the same in Farme. It being observeable that both Iudges and Iurors have been discouraged to punish offenders when their Fines and Forfeitures come not to the King but

to private purses; and so Iustice is ma∣ny times left undone to the incourage∣ment of offenders, or the mercy of the King (where mercy is to be shewed) put into a wrong hand.

5. And as to the injury and losse which Sheriffes have had by reason of fundry grantes made of the hundreds, Wapentakes and Gaols parcell of their Bayliwicks. This will also require a present reformation, and as it will bee very just to right the Sheriffes herein, so it will be of no great difficulty, if the Law may take place: for that there are severall Acts of Parliament in the time of King Ed. 3. that no Hundreds, * 4.4 Wapen∣takes or Gaols which were then parcell of their Bailiwicks should be at any time severed frō the same, but that all grants of that nature should be void. And there is no doubt but the Sheriffes might by force of the said Statutes have righted themselves herein before this time, but that they have so small a continuance in their Office.

But before I leave this point, I de∣sire to be rightly understood, for that it is not intended by this resumption of Hundreds or Wapentakes that any Hun∣dreds

or Wapentakes should bee resu∣med, which at the time of the making of those Statutes, were the inheritance of any Bishop, Abbot, Lord, or other persons whatsoever, and so continues at this day in the heirs or purchasers thereof, by discent or meane convey∣ance: nor that any such Hundreds or Wa∣pentakes, as were then the inheritance of any person or persons as aforesaid, and are since come to the Crowne, by the Statutes of Dissolution, and suppres∣sion of Monasteries, or the Attainder of any of ••hos•• persons, their heires or as∣signes, or by any gift, grant or exchange from them or any of them; for that in all these cases, if any grant be sithence made from the Crown to any person or persons, of any such Hundreds or Wapen∣takes, it may bee lawfull for the Gran∣tees, and those under whom they claim, to enjoy the same at this day against the Sheriffes, notwithstanding the said Acts of Parliament.

And now for concluding of this point concerning the righting of She∣riffes, in all the former or any other particulars wherein they are wronged, hindered or vexed in passing their Ac∣compts,

compts, or in the execution of their Offices, I conceive it would be the best way that some Bill were drawne in Parliament for remedy thereof. And that in the same Bill the two ancient and excellent Statutes of the Exche∣quer formerly remembred, viz. that of 51. H. 3. and that of 10. E. 1. concerning the manner of passing Accompts, and charging and discharging of the Kings Rents and Debts, in the Annuall or great Roll of the Exchequer, and the like, may bee renewed and explained. And that according to the said Statute of 10. E. 1. all Rents & Debts whereof there is hope that something shall be answered for avoiding of all confusi∣on and double charging thereof, bee onely charged in the said great Roll, whether the said Rents bee paiable ad Ret. Scaccar. tantum, seu ad Ret. Scaccar. seu ad man. Vic. seu ad man. Ballivo∣rum vel Receptorum. And that the She∣••••ffes may bee enjoyned thereby to 〈◊〉〈◊〉 ready and full payment yearly at 〈◊〉〈◊〉 ••••ceipt of Exchequer, or otherwise 〈…〉〈…〉 shall be appointed by warrant of the Lord Treasurer, Chancellor, and Barons of the Exchequer, or any three of

them (whereof the Lord Treasurer to be one) of all their Receipts of all such summes of money arising of the said Rents & Farms, being due at or before the Feast of Easter, yearly, at the Feast of Pentecost then next following at the furthest; and where they bee due at Pentecost, those Rents to be paid before the Nativity of S. Iohn Baptist at the furthest. And where they be due at or before the Feast of Saint Michael the Archangell, those to bee paid at the Feast of the Nativity of our Lord God then next following. And such Rents as shall be due at the Feast of S. Martin, in the Winter, yearly, those to bee paid at or before the first of February at the furthest: And for default of such pay∣ments (being thereof lawfully convi∣cted before the Treasurer and Barons of the Exchequer) to forfeit to the Kings Majesty, * 4.5 his heires and successors (as in like cases hath been ordained) two pence in the pound, in the name of a paine for every day that the said money shall bee unpaid after the said severall Feasts, or dayes of payment, &c. And that such Farmers, Lessees, and Tenants as shall not either pay to the said Sheriffes, their

Deputy or Deputies (lawfully requi∣ring the same) all such Rents & Farms as shall be due and payable by them to the Kings Majesty, his heires, &c. at or be∣fore any of the said Feasts, as is afore∣said, yearly, or bring and pay the same wholly into the Exchequer, by the fore∣said severall dayes and times after every of the said Feasts so formerly limited and appointed, at the furthest; and (be∣ing thereof lawfully convicted before the Treasurer and Barons) shall in like manner forfeit to the Kings Majesty, his heires, &c. for the non-payment thereof, * 4.6 (as in like cases hath been also ordained) two pence in the pound in the name of a payne for every day after the said severall dayes of payment, until they shall pay and satisfie what was then due together with the said paines, &c.

And that the Clerke of the Pipe, and Controller of the Pipe for the time being, together with such Auditor or Auditors for every Shire, City and Towne Corpo∣rate, and such other officers as the Lord Treasurer, Chancellor, Vnder-Treasurer, and Barons, or any three of them, (whereof the Lord Treasurer to bee

one) shall thinke fit to appoint, * 4.7 shall once every yeare about the Feast of S. Margaret (being in Trinity Terme) make a true and perfect declaration to their Lordships in writing under their hands, of all and every particular charge, times of payment and discharge in each Sheriffes Accompt, as afore∣said: and of all and every other thing concerning the promises; and which of the said Sheriffes, Farmers, or Lessees, are behinde with their payments: so as present order may bee taken for bring∣ing in the same, together with the fore∣said paines which shall bee so due by them, and the said Lora Treasurer, &c. to assigne what summes of money due to any person or persons for Annuities, Pentiōs, or Corodies, going out of any the premises, charged upon the Accompts of Sheriffes, shall bee paid by the said Sheriffes, and which of them shall bee paid out of the Receipt of the Exche∣quer, as to their Lordships shall bee thought meet.

And if some such Bill as this may be passed, for securing the Kings Rents to bee yearly paid upon such paines as a∣foresaid: And that the Sheriffes (pas∣sing

their accompts in due time) may be eased and righted in the former par∣ticulars, and have three pence in the pound out of all such rents as they shall bring in, and twelve pence in the pound for debts, as they have formerly had, his Majestie will be duly answe∣red his Revenewes with much more security, & at a far lesse charge then he now is: And the high Sheriffes Office, which for its great charge and trouble, hath been of late yeares so much avoi∣ded, will regaine its ancient credit, and encourage men of good ability and quality to take upon them the under Sheriffes place.

But here I am admonished to make answer to some objections against the credit of the said great Roll, * 4.8 which in all times (as hath been formerly obser∣ved) hath been of so great esteeme for the safe conduct of the Revenues of the Crowne, into the Receipt of the Ex∣chequer: which exceptions are, That divers good Farmes and Debts there in charge, and (amongst many others) a great Fee Farme rent of 180l'. per an∣num. odde money for the Manor of Crowly, & al. Com. Leic. due for the

second yeare of his now Majesties reigne, together with divers other Rents and Debts, as well in the said great Roll, as in the Recusants Roll being taken in charge, by severall Sheriffes (amounting to a great value) have been by the Cerke of the Pipe, dischar∣ged, posted of de anno in annum, and prolonged without any just ground or other legall warrant at all, and that many other abuses against his Ma^ties Subjects had bin committed in the said office, which in truth cannot be denied: For that they are extant upon Record in a Bill exhibited to his Majesty, a∣gainst the said Clerke of the Pipe by the Kings late Attorney Generall. And though they were committed in se∣cret, yet have they (by the help of that Roll so as is aforesaid by the wisdome of our Ancestors ordained for a cotrol∣ment) beene discovered and brought to light, and such use hath been already in part made of that discovery for his Majesties service, and more like to bee as may be very advantagious both for the King and Common-wealth, for pre∣venting the like abuses for time to come

But what speake we of abuses?

Quae Regia in terris? what Country, what government, what Guild never so wisely founded or strongly suppor∣ted with wholsesome Lawes is free from some staines and corruptions? Quid non mortalia pectora? What will not covetousnesse and ambition attempt where there is no Law to punish? And where the Lawes are not put in execution, it is all one as if there were no Law; as is exemplified by the Frogs insulting upon Aesops log. So as abuses being the faults of the per∣sons (and not of the foundation) will grow like ill weeds in every Common∣wealth and Government, unlesse they be looked unto and weeded out by put∣ting the Lawes in execution against them: but veritas odium parit, men will bee wary how they pull an old house upon their owne heads, or provoke a nest of waspes lest they be stung them∣selves. And for that cause many men wanting that courage which is pre∣scribed for Magistrates and Officers in the Common-wealth by God himselfe, will rather thinke it better for them to sleepe in a whole skinne (as they call it) and make shipwrack of their consci∣ences

then to discharge the duty of their oathes: Howbeit for my owne part I was resolved in such a case ra∣ther to runne all the hazards of envy (which I expected and whereof I have had sufficient experience, and still expect more) then to bee wanting in the discharge of such a duty to the King and Kingdome which in consci∣ence I am bound unto, and thereby al∣so make my selfe equally liable to the same punishment with the offendor, which by the foresaid Statute of the Exchequer is to be inflicted upon the Supervisors for their consent. * 4.9

Now if after all this, (notwithstan∣ding the former reasons and the con∣stant practise of former times) it shall at this day be thought any waies tolle∣rable or fit on the behalfe of the King and Common-wealth, that the Reve∣nues of the Kings lands now in charge before his Majesties Auditors amoun∣ting in the whole to one hundred thou∣sand pounds per annum, or thereabouts, and consisting at this present (for the most part of Fee Farmes and certaine Rents) should still bee continued in the new way out of the old Channell, and

be brought in by Receivors and Bayliffs as they now are at so great a charge and hazard by keeping so many hands in the Kings purse, I conceive the She∣riffs nor any other officer (that hath not some aime at his owne private benefit more then his Ma^ties service) will de∣sire, the alteration thereof for any ends of his own or any ill will to those offi∣cers, but freely to leave it to the wis∣dome of the King and his great Coun∣cell: who have declared their purpose for establishing and ordering the Kings Revenue, and for redressing the abuses of Officers, and cutting off all superfluity of expences concerning the same.

But if the said superfluous officers shall be dispenced withall to continue, then that it may be with the cautions for∣merly mentioned, viz.

That the Receivors may bee yearly sworne to their Accompts in the Ex∣chequer according to the ancient usage and ordinance in An. 1 Mariae Regine.

That their accompts (after they are declared and entred with both the Re∣membrancers) be by the twentieth of March yearly delivered into the Pipe for further proces to be made thereupon

for the supers and debts therein depen∣ding according to the said Ordinance. * 4.10

And no messengers to be hereafter imployed about the same for the rea∣sons formerly alledged.

As also that no proces bee made by the Treasurers Remembrancer for any Debts or Arrerages supposed to be de∣pending in any of the said Accompts by any Constats or Certificates from the Auditors, but from the Accompts themselves, so as they may bee under the same controlment as before, &c.

And lastly, that all the said Receivors Tallies be joyned and allowed upon Record as all other Tallies are or ought to be.

It now remaines that I should brief∣ly set downe the principall causes which have hindred and retarded the due answering of the Kings Revenues and Debts: occasioned the trouble and grievance of his Majesties Subjects, & made the bulk of the said Revenues & debts now in arreare to be so great.

And first, as I formerly observed, one bause is, for want of putting the said Statute of the Exchequer, An. 51. H. 3. in due execution by injoyining the

Sheriffes at their Easter and Michaelmas proffers to bring in and pay so much of the Rents and Debts sent forth unto them in the Summons of the Pipe, as they then had or might have leavied: for the better effecting whereof, the Lord Treasurer and Barons were anci∣ently present at the said Proffers, and is now personated by the Puny or Cursi∣tor Baron onely without any other of the great Officers or Barons to give countenance and assistance to that ser∣vice: And for that there hath not been a view made yearly to the Treasurer & Barons by the Officers of the Exche∣quer, of what was answered by She∣riffes, Farmers and Accomptants, and what was in Arreare and by whom, according to the foresaid Statute of the Exchequer.

A second cause is, in that Sheriffes have not (according to the ancient course of the Exchequer) been strictly holden to their Apposalls at their dayes of prefixion; and for that many of them have beene suffered with so much impuniy to depart the Court in contempt of the said Court before they perfect their Accompts. The Treasurer

and Barons, being by the said Statute of 51. H. 3. to be charged by oath not to attend to heare the Pleas of other men whilest they have to doe with the Kings owne debts.

A third cause is, in that the goods & lands of such Sheriffs which are in the case of contempt, as aforesaid, & neg∣lect the passing of their accompts in due time, have not been according to the said ancient course, seized into the Kings hands, Nomine districtionis, And for that they or their under Sheriffes have not been taken into the custody of the Marshall, before they depart the Towne, or committed to the Fleet, (as heretofore in some cases of neglect and contempt, hath been used) untill they passe their accompts, and answer the moneyes due thereupon: As also for that in such cases of contempt, when a Serjeant at Armes is sent for the high Sheriffe, hee continueth them his cli∣ents from Terme to Terme, and doth not bring up their bodies to bee com∣mitted to Ward, till they passe their accompts, as hee ought to doe.

A fourth cause is, In that the She∣riffe (contrary to the foresaid Statute of

Rutland) have been compelled to take into their charge divers dead Farmes, Seizures and desperate Debts (being al∣together illeviable, or for which there is some just matter of discharge) for which they are neverthelesse driven to procure discharges de anno in annum, upon their accompts, to their great dammage and trouble, and their great hindrance to passe their accompts in due time. As also for that to the like trouble and dammage of Sheriffes, the Farmes and Rents granted in Joynture to the Queenes Majesty; and other like Farmes granted for tearme of life, or years, abs{que} computo, have not bin remo∣ved out of the said annual Roll into a Roll of Reversions, or Exannuall Roll, till they fall againe to the Crowne; by which meanes the subject also is dubly vexed, both by the Queenes and the Kings Officers, for one and the same thing.

A fifth cause is, In that all Debts and Farmes in the Pipe, which are not an∣swered after one Summons, have not (according to the said ancient course) been duly put into Scedula Pipe, for stronger proces to bee thereupon made by the Treasurers Remembrancer for get∣ting

in the same: but some of them continued to be stil written in the Sum∣mons of the Pipe, to the great trouble of the Sheriffes, and little or no fruit at all to the King.

A sixth cause is, in that divers good Rents and Debts have for some private ends been suffered to bee posted off, de anno in annum, and discharged without any good matter of Record, or other le∣gall warrant, by means wherof the said rents and debts, either grow desperate, or be made fit subjects for suiters to beg from the King. And for that many Sheriffes have been cast out of Court, and suffered to depart before they pay in their debets in the great Roll and Re∣cusants Roll; As also for that the Origi∣nalls of the Chancery, have not been yearly sent into the Exchequer, so timely as they ought, nor the Roll of the Inrolments of Leases which passe under the Exchequer Seale, made up and Ingrossed by the Clerke of the Pipe, in due time as it ought to be, for charging all new Rents and Fines in the said An∣nuall Roll, reserved upon any new grant or demise from the Crowne.

A seventh cause is, In that where the

the Sheriffes doe not good execution upon the Writs sent forth by the Re∣membrancers upon Scedula Pipe, and o∣therwise (as they ought) the amercia∣ments for their neglects and contempts therein, have not been presently drawn downe into the Pipe, and sent in pro∣cesse for leavying thereof in Terrorem of all other Sheriffes, but suffered to sleep sometimes for many yeares, or to bee taken off or compounded for some small matter to the King.

An eight cause is, In that Commissi∣ons have not been awarded out of the Exchequer, according to the foresaid Statutes of Westm. 1. Anno 3. E. 1. Cap. 19. & 6. H. 4. Cap. 3. for inquiry to be made into the Accompts and Receipts of Sheriffes and other Accomptants, to the end the King may bee recompenced, and the subject relieved, in all such ca∣ses where it shall bee found, that the said Sheriffes have defrauded the King, or abused the Subject.

A ninth cause is: In that the Audi∣tors of the Revenue have not (as hath beene formerly observed) according to the ancient course of the Exchequer, and the said Ordinance of Anno 1. Mae∣riae

Articulo 9.) delivered ingrossed in parchment the Accompts of the gene∣rall Receivors and Bayliffes of the said Revenues into the Pipe every yeare yearly by the 21. of March, so as Proces might in due time be made from the said Accompts to the Sheriffes for all debts & supers therein depending against the next liberate or sealing day of the Exche. but have for some private respects here∣tofore, and stil kept the said accompts in their owne hands (some whereof are said not to be ingrossed for many years together) by which means many great Arrerages of Rents & Supers have here∣tofore sleyt in the same accompts for 10, 20, 30, years, &c. before they were written forth in Proces, which hath not onely occasioned great losse to the Crowne, but many grievances to the Kings Subjects by seising the lands which they purchased for valuable cōsi∣deratiō of the said debtors, for which if proces had been made in due time, they might have bin paid by the debtor him∣self, & a great part of the said arrerages recovered, which by reason of long for∣bearance becomes desperate, as in the foregoing discourse hath been observ'd.

In like manner it may be here re∣membred, that by the like omission of Stewards of the Kings Manors to send up the double of their Court Rolls to the Exchequer to be kept in the Treasury there, as well for the King and Sub∣jects evidence as that it may appeare what each Bayliffe is to bee charged withall every yeare for fines upon Co∣py-holders, and other profits of Courts, according to the said Ordinance of Anno primo Mariae; many great losses to the crown, & inconveniences to the subject, have been occasioned, there being but few such Court Rolls or any entries thereof to be found which are now extant, either in the times of the late Queen Elizabeth, or the late King Iames. And that there hath beene the like neglect of sending up Rentalls of the Kings Manors, which once every seven yeare are to be renewed by the Steward upon presentment of the Ho∣mage and to be returned up and sent in∣to the said Treasury.

A tenth cause is: In that the Estreats of the Fines, Issues, Amercia∣ments, and other Forfeitures, set, lost and forfeited before the Iustices of the

Kings Bench, and Common Pleas, Justices of Assize and Gaole Delivery, and Justi∣ces of Peace, &c. commonly called Green-wax, have not been certified into the Exchequer in such sort as by the Lawes and Statutes of this Realme they ought to be; but have been obstru∣cted, diverted or suppressed, contrary to the said Lawes, to the encouragement of offendors, and the great prejudice of the Crowne, whereof divers instan∣ces in that kinde were lately made be∣fore the Lords Commissioners for the Treasury, whereby it appeared, that sundry recognizances and fines forfei∣ted and imposed at the Assizes and Ses∣sions in the Countrey, in cases of great and Criminall offences and misdemea∣nors, had been some yeares since remo∣ved by Cerciorari into the Crowne office, and both these and many others of the like nature kept backe and stopped there and in other places, which were never certified into the Exchequer as they ought to bee, which every way turnes to his Majesties great prejudice, and losse: whether they be pardoned or suppressed: For that if the King pardon or give them away, the Farmers of the

Green-wax will looke for a Defalcation out of their Rent, of so much as they amount unto, by reason of a covenant from his Majesty, that hee will nei∣ther pardon nor give any of them a∣way during their terme, unlesse it be by a generall Pardon in Parliament. In which case it had been much better for the King, they had beene altogether suppressed and lost, then to be pardo∣ned or given away, but by a generall pardon in Parliament. In considera∣tion whereof, & of the inconveniences formerly mētioned, by letting the Green wax to farme, and that the Fines in the Kings Bench are like to be increased by putting downe of the Star-chamber-Court, some composition may be made with the Farmers (as the case shall re∣quire) and present order taken as well for resuming the said Farmes of the Green-waxe into his Majesties hands; as for the reforming of such abuses as tend to the suppressing or diverting any of the said Greenwax as aforesaid.

But then in case of such resumption I cannot (in my duty) but make some Re∣membrance of the complaints of the great abuses and disorders which were

committed in the managing of the said Revenue when it was in the Kings hands, by the practice of some inferiour Clerks and Bailiffes, &c. As namely,

That where divers issues were e∣streated against Sheriffes out of seve∣rall Courts, Quia non habuit corpus, and against Noblemen and others, for not appearing at the suits of divers per∣sons, either for payment of money ow∣ing by Bond, or upon actions of ac∣compt detin. or the like. (In which cases the Plaintiffes could have no procee∣dings at Law for recovering of their rights, or what was due unto them, without an appearance: and the e∣streating of the said Issues to be levied for the Kings use, being the Coertion appointed by the Law to procure such Appearances,) the said Issues were ne∣verthelesse by the undue practices a∣foresaid, upon some ordinary suggesti∣ons, procured to bee discharged or re∣spited till a generall Pardon, or compounded for some small matter; which in no sort ought to have been done by the Lawes of the Kingdome, before certificate had been made, that appearance was given to the Plaintiffs

action, or the debt satisfied, &c. to the utter subversion of justice.

And the like abuses were committed in procuring discharges for Recogni∣zances of such parties as had beene bound over with Sureties to the Assi∣zes or Sessions for keeping a bastard childe, or for performing some other publicke service in the Countrey, or upon suspition of Felony, &c. and the like, without procuring any certificate from the Justices, or Countrey, that the Parish was discharged, the service per∣formed, or what the cause was for which every such Rccognizance be∣came forfeited; insomuch as the poo∣rer sort, that could use no meanes for their discharge, were (for the most part) left to bee written for; who if they had but a Cow, or any poore U∣tensills, were driven from time to time, to make their peace with the Sheriffes Bailiffe in the Countrey, with some of their poore estate which the said Bailiffes tooke (as it were) nomine districtionis, to their own use, without answering any part thereof to the King, to the greater impoverishing, and sometimes undoing of the said poorer

sort of the Kings subjects.

In consideration whereof, and for the better preventing of the like abuses for time to come, it was in the time of the late King James, thought fit by the Treasurer, Chancellor, Vnder-Treasurer, and Barons of the Exchequer, * 4.11 that there should bee for ever an Officer in the Exchequer called, the Surveyor of the Green-wax, formerly mentioned, who should take speciall care to see the said Revenue better managed, and from time to time to attend the Court, and acquaint the Barons therewith, as the case should require.

And this was upon the matter agree∣able with an ancient Statute made in Anno 27. E. 1. * 4.12 By which it was pro∣vided, that at one time certaine every yeare, one Baron and one Clerke of the Exchequer, should goe through every Shire of England, to examine and view the Acquittances of Sheriffes and their Bailiffes, touching Green-wax, and to inroll them: and also to heare and de∣termine complaints made against She∣riffes, and their Clerks and Bailiffs, that had been done concerning the premi∣ses, and the offenders to bee grie vously

punished. It being conceived, that the discontinuance of that good ordinance had occasioned the many abuses and grievances aforesaid.

In the last place, the remedy for preventing the like abuses and mis∣demeanors in generall, (both to∣wards the King and his Subjects) for time to come, is, That speciall care bee taken to see that the ancient course of the Exchequer, and the Lawes of the Kingdome formerly mentioned for the better and more timely and husbandly answering, and the more due and legall charging and discharging of the Kings Revenues, bee strictly observed and kept, and to see, that due punishment be inflicted upon the violators there of accordingly. As also to see, that all those fore-going causes which hinder the Kings service therein, and the quiet of his Ma^ties subjects be removed: And especially that the Sheriffe in his yeare, according to his Proces sent unto him out of the Exchequer in the Lent Vaca∣tion and Summer Vacation (without any respect of persons) doe his uttermost to levie all such debts and summes of money as shall be so written to him as

a foresaid. And yet where I say, with∣out respect of persons, I desire to bee rightly understood, that the persons of all the English Nobility and their Dowa∣gers, Barons and Baronnesses are ex∣empted from all arrests for the Kings debts, as by the Prerogative Writ be∣fore mentioned, may appeare: And so are the persons of all and every the Knights and Burgesses of the Com∣mons House of Parliament, so long as the Parliament continues. Neverthe∣lesse (in my best understanding and ob∣servation) I doe not finde but the Rents and Debts due to the King, have in time of Parliament been levied by Sheriffes, upon the issues and profits of their lands and goods.

Moreover, forasmuch as the Kings Majesty, his Heires and Successors, may be much hindred by the negligence and connivence of the Officers of the Ex∣chequer, by reason of a late Statute, made in the one & twentieth year of the reigne of the late King James, whereby it is provided, that all and every She∣riffe and Sheriffes within the Realme of England, and Dominion of Wales, their Heires, Executors and Admini∣strators,

and their Lands, Goods and Chattels, shall bee absolutely dischar∣ged of all and all manner summe and summes of money which hee or they shall leavie or receive, unlesse such Sheriffe or Sheriffes shall bee called in question for such summe or summes of money pretended to bee leavied and received by them, or any of them, and not accompted for within foure yeares next after they have finished, or shall finish their accompts, and had their Quietus est.

That for preventing thereof, some Act may bee passed in Parliament, that where any Sheriffe or Sheriffes which since the making of the said Act, or at any time hereafter, have or shall procure and obtaine any such Quietus est, by meanes whereof they or any of them are, or hereafter shall bee (by force of the said Act) discharged or acquitted against the King, his Heires or Successors, of, or for any summe or summes of money by them leavied and not answered upon their said accompts, or of, or for any untrue or double allowance upon their said

accompts, that in all such cases the Officer or Officers who have or shall make any such Quietus est, and have not, nor shall not, within the time by the said Statute limited, by some pro∣ces, or other proceedings in the Ex∣chequer, called, or call the same in que∣stion against the said Sheriffes, their Heires, Executors, or their Lands, Goods or Chattels, for preventing the losse and prejudice which other∣wise may happen to the Crowne thereby, and every Officer by whose default any such summe or summes of money, by force of the said Statute, shall bee lost to the King, his Heires or Successors (being thereof lawfully convicted) shall pay and forfeit to the use of his Majesty, his Heires and Suc∣cessors, all such summe and summes of money as the said King, his Heires or Successors, shall, or may lose thereby, to be recovered against the said officers their Heires, Executors, Administra∣tors, their Lands, Goods and Chat∣tels, in such manner and sort as the same might have been recovered by the Lawes and Statutes of this

Realme, against the said Sheriffes, if the said Act had not beene made. And that in all such cases, where by the Lawes of this Kingdome, and the course of the Exchequer, any Officer or Officers of the said Court, are to deliver any Accompt or Accompts, into any Office or Offices of the said Court, by and at some certaine time; so as proces may bee made upon such Su∣pers and Debts, as are or shall bee de∣pending in the same accompts, upon any person or persons: So as for default of their delivering in of any the said accompts in due time, any the said Su∣pers or Debts, shall be afterwards requi∣red and recovered against the pur∣chasers of the Lands of any such Debtor or Debtors, by whom the said Supers or Debts were so due, or against their Sureties, which might have been recovered against the said Debtors themselves, if the same accompts had been delivered in due time: that such Officer or Officers so making default, in delivering of the said accompts in due time, shall and may for their neg∣lect therein (being thereof lawfully

convicted) be subject to discharge the purchasers of the said Debtors lands, and their suerties against the King, his Heires and Successors, and to satisfie and pay what the said principall Debtors should have satisfied and paid, in case the said Accompts had beene delivered in due time.

And for that it is found by experi∣ence that the Vnder-Sheriffe that takes upon him the execution of the whole Office, both in attending at the Assizes & Sessions, and upon other Courts of Iu∣stice, returning of Iuries and other ser∣vice of the Country betweene party and party, cannot (in any such due time as he ought) looke into and attend the levying of the Kings Rents and other the Debts and Duties sent forth in pro∣ces to Sheriffes by severall Writs of Distringas, Fieri facias, Capias and Ex∣tent out of the two Remembrancers Offi∣ces, and by the Summons of the Pipe and Greenwax: some such like Act may bee passed in Parliament for the better expe∣diting of the Kings service, that it may be lawfull to and for such person or persons of ability and sufficiency as

shall be hereafter appointed by the Sheriffe of every County (for whom he will answer) to be his Deputy or Clerke for the leavying of the Kings Rents, and other his Debts and Duties as shall be so sent out by the said Sum∣mons, and for executing all such Writs out of both the Offices of the said Re∣membrancers as aforesaid, (and for no o∣ther businesse) may continue in the said Office yeare after yeare, so long as hee shall be approved of, and allowed by the said Sheriffes as aforesaid, without incurring any of the penalties and for∣feitures provided by the Lawes against such Vnder-Sheriff or Sheriffes Clerk as shall remaine in his Office above one yeare: * 4.13 And that notwithstanding any former Act, Statute or Ordinance to the contrary heretofore made: Ne∣verthelesse that such Vnder-Sheriff, De∣puty-Sheriffe, or Sheriffs Clerk shall not thereby be exempted from taking any such oaths, nor from any other penalties which by the Lawes and Statutes of this Realme are to be taken or under∣gone by them. * 4.14

And in regard all the Sheriffes of

this Kingdome doe finde themselves much grieved and damnified by rea∣son of the foresaid Statute made in the seven and twentieth year of the reigne of K. Ed. 1. by force whereof they are to answer for al such issues by them retur∣ned against any person or persons their mainpernors or pledges which shall be Nichelled or prove to be illeviable, especially in the case of Writs of Distring. sent out of the Excheq. for the homages & other services of the Kings Tenants: that some consideration may be taken of the said ancient Statute in case of the said Sheriffs so farre forth as may stand with Justice, and the preser∣vation of his Majesties said. Rights and Services. And that in further ease of Sheriffs, there may be a review of the decree lately procured by the parcell makers for Sheriffs and Lords of Liber∣ties to accompt before them for Felons Goods and other Escheats, &c. the same being found very grievous and burthensome to the said Sheriftes, and other his Majesties Subjects, without any profit to the King.

And in regard diverse ancient

Farmes and Rents now in charge in the Pipe, and before his Majesties Auditors for the revenue, and in the Court of the Dutchy of Lancaster, which by reason of sundry alienations of the lands and hereditaments out of which the same are issuing, and for divers o∣ther causes, are now at this day very hard and difficult to be levied, by rea∣son whereof many of them are like to bee utterly lost, unlesse they may (by some good and lawfull wayes and meanes) be revived, and more of them like to be lost hereafter: That for re∣medy herein, a perfect survey may bee made of all his Majesties Honors, Ma∣nors, Lands, Tenements, Rents and He∣redaitments in every Shire & Hundred, and what particular Rents and servi∣ces either by way of Fee, Farme, or o∣therwise in perpetuity, or for terme of life or years are answered for the same: And that inquisition be made for and concerning all the dispersed Rents which are within the collection of the Bayliffes or Collectors thereof, and of all other Rents within the collection of Sheriffes, or Receivors generall; and

of what lands or other hereditaments the same are particularly issuing, and where the said lands and heredita∣ments doe lye, and in whose possession they now are, and when and how to be paid. And that all good and law∣full wayes and meanes may be used, as well by the view of ancient Records & Inquisitions (where any such are to be found) as otherwise, for reviving of all decayed Rents belonging to the Crowne: And after the making of such surveies, that some fit course may be de∣vised for the better securing of all the said petty and dispersed Rents (in the charge of the said Bailiffes and Colle∣ctors of the same) from further decay: and for easing the King from the great charge and hazard he now undergoes in the collecting thereof.

Jtem, that the state of the Kings Castles and Houses may be surveyed, & all de∣caied Castles and Houses not useful for further service (if it shall be so thought fit) converted to the best profit, and the Fees for the keeping thereof dischar∣ged. And whether the like survey may not be made of all the Forrests, Parkes, Chaces and Warrens, not as yet dissafo∣rested

or disparked, (except such as his Majesty shall reserve for his royall dis∣port) and the waste number of them to be converted to the best profit by the yeare, and to be letten as other lands are, and with like condition, sa∣ving to every man a recompence for such interest as he hath.

And that the Farmes of the Vlnages and Gaugers be surveied, that it may be knowne what Rent is fit to be set up∣on them when the terme expireth.

Many other parcells there are of the ancient Revenues (being flowers of the Crowne) as the Goods and Chattels, of Felones, Fugitives, and Outlawed persons; the petty Fines and Amercia∣ments anciently set and affeered in the higher Courts upon the Plantiffes and Defendants, pro falso clamore, quia non est prosecut. &c. and the like, whereof little or no profit hath of late beene made to the Crowne, according to the funda∣mentall Lawes of the Kingdome; by reason whereof divers persons (finding they may doe it with such impunity) have beene incouraged to violate the Lawes, and to set on foot and main∣taine sundry unjust and vexatious suits,

&c. For remedy whereof, this may also be taken into consideration, and some life given to those Lawes in a moderate way, so farre forth as may stand with his Majesties ancient Rights, the Justice of the Kingdome, and the discouragement of such offen∣dors for time to come.

And whereas there remains at this day a great bulke of Arrerages and Debts as well in the Exchequer as in the Court of Wards and Liveries, and in the Court of the Dutchy of Lanca∣ster, a great part whereof is concei∣ved to be good, (as having beene suf∣fered to sleep through the connivence or negligence of some of the Kings Of∣ficers) other part thereof is supposed to be dischargeable by Tallies, Acquit∣tances, and some other good matter, but for want of the said Tallies, &c. the Officers cannot discharge the same up∣on Record: and for the residue (being the greatest part of the said bulke) it is conceived they are illeviable, and in a manner desperate. Therefore that se∣verall Commissions may bee awarded to faithfull and circumspect men in e∣very County for making inquiry into

the same, according to the ancient course formerly prescribed, and those that shall be found good to be speedily brought in and satisfied, and such as have Tallies or other legall discharges for any part thereof to bring them in for acquitting the same upon Record in such manner as by the foresaid Statutes is provided; and for such part thereof as by the Acquittance or Acquittances of any Sheriffe, Bailiffe, Receivor, or other Collector, or by other good proofe shall be found to have beene received to the Kings use by any of them and concea∣led upon their Accompts, the delin∣quents to be proceeded against, accor∣ding to the foresaid Statute of Westmo∣nast. the first anno 3. E. 1. cap. 19. & an∣no 6. H. 4. cap. 3. for terrifying of o∣thers from doing the like. And for the residue that shall be found desperate, the same to be put into some Exannuall Roll according to the foresaid Statute of Rutland, and to runne no more in de∣mand, unlesse it shall appeare that some estate hath accrewed to any of the said Debtors. And if the security given by Sheriffes at this day by their recogni∣zances in the Kings Remembrancers

Office, with suerties, bee not suffici∣ent; they may be ordered to give better security, as their receipts shall grow greater.

To conclude, I have in these short advertisements (though with much weaknesse) faithfully delivered the summe and substance of what I have gathered and observed from the practice and experience of former times, to bee at this present taken into consideration, for the increase and better ordering and answering of the Kings Revenues, and the ease of his Majesties Subjects, which may bee of some use for steering a course in the answering and managing of all the Revenues of the Crowne of what nature soever: As also for the cutting off all superfluity of expences, un∣necessary Pentions, Annuities, &c. and for preventing the like abuses of Offi∣cers, for time to come; It having been alwayes held for a Maxime, that be the Kings Revenues never so great (as great they had need to bee by reason of his great occasions) yet unlesse care bee taken that his expences bee suited and ballan∣ced

to those Revenues, & that his Trea∣sure bee not purloyned, nor put into broken Cisternes, whereby it may leake out, or run waste; his Majesty must still be in want.

That this will bee displeasing to some, that make their gaines out of the losse and wrongs of the King and his people, I cannot be ignorant; howso∣ever I presume this poore adver∣tisement may (in some measure) be ac∣ceptable to all that wish well to their King and Countrey, which is the onely motive of my taking this taske upon me.

FINIS.

Notes

• * 1.1

  Chance∣ry, Kings Bench. Common Pleas, Exche∣quer.
• * 1.2

  Clerke of the E∣streats.
• * 1.3

  Forraigne apposer.
• * 1.4

  Stat. de Rutland, An. 10. E. 1.
• * 1.5

  M••gna Charta, cap. 8.
• * 2.1

  Viz. at the Easter proffer by the first Summons, and at the Michael∣mas prof∣fer by the second.
• * 2.2

  The for∣raine a∣poser and clarke of the e∣strates are in like manner to marke the one the sum∣mons, and the other the re∣cord upon their appo∣sall on the greeen∣wax.
• * 2.3

  Westm. 1. An. 3. E 1. cap. 19. Stat. An. 6. H. 4. c. 3.
• * 2.4

  Stat. de Rutland anno 10. E 1.
• * 2.5

  Stat de Westm. An. 3. E. 1 cap. 19.
• * 2.6

  Stat. anno 6. H. 4. c. 3.
• * 2.7

  In libro ordin. ex parte Re∣merator. Thesaur. Term. H. l. Anno 32. Eliz.
• * 2.8

  Lords of Liberties, Maiors, Bailiffes, &c.
• * 2.9

  The long Writ cal∣led the Preroga∣tive Writ, out of the Treasurers Remem∣brancers Office, un¦der the Teste of the chiefe Baron.
• * 2.10

  Writers of Distrin∣gas.
• * 2.11

  Statut. an∣no 1 R. 2 cap. 5.
• * 2.12

  Stat. do Scaccorio Anno 51. H 3.
• * 2.13

  Much ea∣sier to counter∣feit Ac∣quittances, then Tal∣lies.
• * 2.14

  Inter or∣din. term. Hilar. an. 32. Eliz. Reg. ez parte Rem. Thesaur.
• * 2.15

  Clerke of the Pell.
• * 2.16

  Auditor of the Re∣ceipt.
• * 2.17

  Two Vn∣der-cham∣berlaines.
• * 2.18

  The cutter of the Tallies.
• * 2.19

  The foure ordinary messen∣gers of the Re∣ceipt.
• * 2.20

  Stat. de Rutland. Anno 10. E. 1.
• * 2.21

  The im∣ployment of messen∣gers alto∣gether il∣legall.
• * 3.1

  The pro∣longing of the Kings good debts makes them desperate or grie∣vances to the Sub∣ject.
• * 3.2

  Inter Hil Re∣cord. an. 1 M••riae ex parte Rem. Thess. Articulo 9.
• * 4.1

  The gran∣ting of the Kings lands in Custody by the Lord Treasurer with the proviso of Si quis da re voluerit &c.
• * 4.2

  The com∣plaints of Sheriffes of their excessive charge & trouble in passing their Ac∣compts.
• * 4.3

  The she∣riffe anci∣ently sti∣led Firma∣rius & cu stos Cem.
• * 4.4

  Stat. an∣nis 2. & 14. E. 3.
• * 4.5

  Sta. anno 7. E. 6.
• * 4.6

  Anno 33. H. 8. cap. 39.
• * 4.7

  Star. anno 51. H. 3.
• * 4.8

  Excepti∣ons to a∣buses in the Pipe.
• * 4.9

  Stat. ann 51. H. 3.
• * 4.10

  Hil. Rec. ex parte Rem. Thes. an. 1 Mariae Art. 9.
• * 4.11

  All mens care, no mans care.
• * 4.12

  Stat. anno 27. E. 1.
• * 4.13

  Stat. anno 23. H. 6.
• * 4.14

  Stat anno 27. Eliz. 12.