A collection of the statutes made in the reigns of King Charles the I. and King Charles the II.: with the abridgment of such as stand repealed or expired. Continued after the method of Mr. Pulton. With notes of references, one to the other, as they now stand altered, enlarged or explained. To which also are added, the titles of all the statutes and private acts of Parliament passed by their said Majesties, untill this present year, MDCLXVII. With a table directing to the principal matters of the said statutes. By Tho: Manby of Lincolns-Inn, Esq.

CAP. XXI.

For preventing the unnecessary Charge of Sheriffs, and for ease in passing their Accompts.

WHereas the Office of Sheriff as well by reason of the great and unnecessary Charges in the time of Assises, and other publick méetings, as by the tedious attendance and charge of Sheriffs in passing of their Accompts in the Exchequer, hath of late years béen very burthen∣some to the Gentry of this Your Realm, who in the late times of Tyranny and Oppression have béen great Sufferers, and thereby much Impoverished in their Estates and Fortunes, for remedy wherein Your Majesties most Loyal Subjects, the Knights, Citizens and Burgesses assem∣bled in Parliament, do most humbly beseech Your most Excellent Majesty, that it may be Declared and Enacted, And be it Declared and Enacted by the Kings most Excellent Majesty, by and with the Advice and Consent of the Lords Spirituall and Temporall, and the Commons in this present Parliament assembled, and by the Authority of the same, That no Person or Persons being duly sworn into the Office of Sheriff, for any Coun∣ty or Shire within this Your Majesties Realm, shall from and after the First day of

February next ensuing, in the time of the Assises held for the said County or Shire during his or their Sherifalty, kéep, or maintain, or cause to be kept or maintained one or more Table or Tables, for Receipt or entertainment of any person or persons resorting to the said Assises, other then those that shall be of his own Family or Retinue; nor shall make, or send in any Present to any Iudge, or Iudges of Assise for his, or their provision, nor give any gratuity to his or their Officers or Servants, or any of them; And also that no Sheriff shall after the said first day of February have more then Forty Men-servants with Liveries, at∣tending upon him in the time of the said Assises, nor under the number of Twenty Men-ser∣vants in any County whatsoever within the Kingdom of England, nor under the number of Twelve Men-servants in any County within the Dominion of Wales, upon pain that every She∣riff offending in any of the premisses contrary to the true meaning hereof, shall forfeit for every de∣fault the sum of two hundred pounds.

Provided that nothing before in this Act contained shall in any wise extend unto, or any ways concern the Sheriffs of the City of London and Middlesex, and the Sheriff of Westmerland, or either of them, or any of the Sheriffs of or belonging to any City and County, or Town and County within this Realm; but that the same Sheriff or Sheriffs shall, or may do as heretofore hath béen used or accustomed within the said County of Middlesex, and Cities of London and Westminster, and such other Cities and Counties, or Towns and Counties aforesaid; Any thing herein before contained to the contrary in any wise notwithstanding.

And to the end that Sheriffs may for the time future be eased of the great charge and trouble which they heretofore have béen put to in passing their Accounts in the Exchequer, occasion∣ed partly in regard that divers sums of money have stood charged upon them in gross, without expressing from what persons, for what cause, or out of what Lands or Tenements the same are to be particularly levied, or out of what particulars the said sums in gross do arise (whereby it cometh to pass that the said Sheriffs do still stand charged in gross with divers sums of money, which were heretofore payable by Abbots, Priors, persons attainted, and such other persons, whose Estates have since come to the Crown, or are otherwise discharged or illeviable) and partly by the Accompt of Seizures or Foreign Accompt, and by the exaction of undue Fées of Sheriffs up∣on their apposal concerning the same.

For the preventing whereof, and for the future ease of Sheriffs in passing their Accompts; Be it Enacted and Declared, That from henceforth every Seizure for or concerning any Lands, Tenements, and Hereditaments now remaining charged in the Foreign accompt of any Sheriff or Sheriffs within the Kingdom of England for the year ended at Michaelmas, One thousand six hundred and sixty, shall be from the said Foreign accompt charged particularly in the great Roll of the Exchequer; And that the several Remembrancers of the said Court, or their respective Deputies do in their respective Officers forthwith, and so from time to time for the future write, and make true and perfect Copies of all and every such other Seizure, and In∣quisition as already are, or hereafter shall be certified into their respective Offices, without certify∣ing the Copy of the Writ, or Commission at large upon which such Seizure or Inquisition is, or shall be so taken or returned, mentioning only in brief the Date of the said Writ or Commission, and shall deliver the said Copies well and truly examined and attested under his or their Hands, to the Engrosser of the said great Roll; And that all such of the said Seizures and Inquisitions as now are returned into any of their respective Offices shall be delivered before the first day of February next coming: And that all such other seizures as shall hereafter be returned, or certi∣fied into their respective Offices shall be delivered so examined and attested as aforesaid to the said Engrosser before the first day of the next Term, after the said Remembrancers shall have received the same, so as the same may be charged in the great Roll; To the end that the Processe of the Court may from thence issue for levying the Issues and Profits thereof to the use of the Crown, unto which said Remembrancers or their Deputies shall be from time to time paid for every Sheet which they, or their respective Clerks shall so write and deliver, the sum of eight pence, the same to be paid unto them by the aforesaid respective Sheriffs, who shall be allowed the same by the Barons upon their respective Accompts out of the Issues and Profits arising out of the Premisses so seized; and no Sheriff or Sheriffs for this persent year, One thousand six hundred sixty and one, nor any Sheriff or Sheriffs to be hereafter made or appointed within this Kingdom of England shall be charged in accompt to answer any illeviable Seizure, Farm, Rent, or Debt, or other Seizure, Farm, Rent, Debt, matter, or thing whatsoever which was not writ in Processe to him or them to be levied; wherein the persons of whom, or the Lands or Tenements out of which, together with the cause for which the same shall be so levied, shall be plainly and particu∣larly expressed, but shall be thereof wholly discharged without Petition, Plea, or other trouble, or charge whatsoever.

And it is hereby further Enacted and Declared, That all Seizures heretofore made before the first Year of the Reign of the late King James of ever blessed memory, now remaining in the Accompts of the Sheriffs, and all Seizures and Debts which are pardoned shall be, and are hereby fully discharged; And that the same and every of them shall hereafter be left out of Sheriffs accompts without further Order, Plea, Petition, or other Charge to any Sheriff or Sheriffs whatsoever; And that no Processe shall from henceforth be written forth to any Sheriff for the levying of the same, or any of them, nor for any other Rent or Farm, which

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cannot be explained by setting forth the particulars thereof, or which have been unanswered by the space of forty years last past; And that all other dead Farms and Seizures, and all desperate, illeviable, and unintelligible Debts shall be removed out of the Annual Roll, and Sheriffs Charge, into the Exannual Roll, there to remain, untill by Commission they shall be revived and made answerable.

And to the end, that all new Debts arising and coming into the Exchequer for the future may be sent forth in Processe within convenient time; Be it also Enacted and Declared, That the aforesaid several Remembrancers do forthwith inrol and certify to the said Ingrosser of the great Roll, all such Debts as any Sheriff or Sheriffs of this Realm are, or hereafter shall be charged withall, either by vertue of their respective Retorns made to the Barons of the said Ex∣chequer upon his Majesties Writs of Fieri facias, Levari facias, Capias, or other Processe; and also of all Fines and Amerciaments which are or shall be set and imposed by the Court of Exche∣quer upon any Sheriff or Sheriffs for his or their contempts or neglects (that is to say) That all and every such Debts, Fines, and Amerciaments as now are returned, set, or imposed in any of the said Offices, shall be delivered as aforesaid, before the First day of February next ensuing: And all such Debts, Fines and Amerciaments as shall hereafter be returned, set, or imposed in any of the respective Offices shall be also delivered by the First day of the next Term, after such Retorns made, or such Fines or Amerciaments so set, or imposed, that so they may be all charged in the Sheriffs Accompts respectively, and comprehended within his or their Quietus est, upon pain that every Officer or Officers in the said Exchequer, who shall in any thing offend contrary to this pre∣sent Act, shall forfeit the sum of Forty pounds for every such offence, whereof one moyety shall be to the King, his Heirs and Successors; and the other moyety to the party or parties who shall be thereby agrieved, to be recovered by Action of Debt, Bill, Plaint, or Information, in any of his Majesties Courts at Westminster, wherein no Essoin, Protection, Priviledge or Wager of Law shall be allowed or admitted.

And it is hereby further Provided and Ordained, That no person shall be assigned to be Sheriff of any County within this Realm, except such as have Lands within the same County sufficient to answer the King and his people.

And whereas by an Act made in the One and twentieth year of the Reign of our late Soveraign Lord King James over England; It was provided, That whensoever any Sheriff upon passing his Accompts, should have his Quietus est, that he should be thereby absolutely discharged of all sums of Money by him Levied and Received, and pretended not to be accompted for with∣in the said Accompt, whereupon he had his Quietus est, unless such Sheriff should be called in question for such sums of Money so pretended to be Levied, and not Accompted for within four years after the time of such Accompt, and Quietus est; which Act notwithstanding, divers She∣riffs and their Heirs, upon such pretences, have béen molested and troubled many years after their Accompts and Quietus est, and have had Process sent out against them, contrary to the true intent and meaning of the said Act; It is hereby further Provided and Enacted, That when any She∣riff or Sheriffs within the Kingdom of England, or Dominion of Wales, upon passing their Ac∣compts, shall have their Quietus est, that then such Sheriff and Sheriffs, their Heirs, Executors and Administrators, Lands, Tenements, Goods and Chattels shall be thereby absolutely discharged of all manner of sum or sums of Money whatsoever by them Levyed and Received, notwithstan∣ding any such pretence that the same were not accompted for, or other pretence whatsoever, unless such Sheriff or Sheriffs shall be called in question, and that Iudgment shall be given against him or them for the same, within four years next after such Accompt, or Quietus est; and that every Officer or Minister by whom, or by whose default any Writ or Process contrary to this Act shall be sent out, shall incur the like Forfeitures and Penalties to be recovered and inflicted by such per∣sons, and in such manner, as by the aforesaid Act is provided.

Provided alwayes, That this Act or any thing therein contained, shall not extend to the Coun∣ties of Chester, Lancaster, Durham, or the Counties in Wales, being County-Palatines, as to their manner of accompting; but that the Sheriffs therein shall accompt as formerly before the re∣spective Auditors only, and not elsewhere.

Provided, That this Act or any thing therein contained, shall not extend to enjoyn His Ma∣jesties Remembrancer, or the Lord Treasurers Remembrancer, to transcribe and deliver to the Ingrosser of the great Roll, any Inquisitions or Seisures, but such as have béen formerly charged in the Foreign Accompts of the Sheriffs; but for all Inquisitions upon Attainders, or other Forfeitures to the Crown, the same shall be put in charge as heretofore they have béen, according to the constant usage and Decrée of the Court of Exchequer: Nor shall this Act, or any thing therein contained, extend to exclude His Majesties said Remembrancer, of, or from the writing forth Process for, or upon any His Majesties Debts, Duties, Outlawries, or other charge whatsoever, or Process of Levari facias, at the prosecution of any person or persons, to levy the Issues or Profits of any Lands or Tenements seised, or to be seised into the Kings hands, or Process of Venditioni exponas for Goods seised, or to be seised upon any Debt to His Majesty, His Heirs or Successors, or upon any Outlawry, or to alter or change the Pleadings, or other Procéedings heretofore used and accustomed in the said Office upon any Pleadings, touching the said Debts, Duties and Seisures, or any of them whatsoever; And that no Debt, Duty, Fine, Amerciament or Seisure whatsoever, which shall be charged in the said great Roll of the

Pipe upon any person whatsoever, by, or from any Record, Process or Procéeding had, made, filed, or recorded in the Office of His Majesties Remembrancer of his Exchequer, nor any Process or Procéeding thereupon to be had or made, by vertue of this Act, shall be respited, stayed, miti∣gated, extenuated, compounded, or otherwise discharged, but by Order, Warrant or Iudg∣ment made, filed or entred in the said Office of His Majesties Remembrancer, where the original of such Debt, Duty or Charge, as aforesaid, is, and remaineth; And that in case any Process of Summons of the Pipe have béen, or shall be awarded for, or upon any such Debt, Duty, Fine, Amerciament, or Seisure whatsoever, and the same Debt, Duty, Fine, Amercia∣ment, or Seisure shall not, upon such Summons of the Pipe, be levied or answered unto His Majesty, That then the Clerk of the Pipe, or Engrosser of the Great Roll, shall the next Term after the return of such Summons, certifie the same in a Schedule into the Office of His Majesties Remembrancer aforesaid, to the end, that further Process may be from thence written forth, for the Levying and Answering thereof; And that this Act, or any thing therein contained, shall not extend unto, nor be construed to be prejudicial to His Majesties Remembrancer in His Exchequer, in any just, ancient and lawful Fées by him claimed, or belonging, or incident to His Office, and usually had and received by him or his Predecessors; Any thing in this Act contained to the con∣trary in any wise notwithstanding.

This Act to continue to the end of the first Session of the next Parliament, and no lon∣ger.

Notes

• Sheriffs at the Assises may keep no tables for others then of their own Family and Retinue.

  Nor make no present or gift to any Iudge of Assise.

  The number of Servants with Liveries in England. Wales.

  Penalty of 200 l.
• Proviso for Sheriffs of London, Middle∣sex, Westmer∣land, and Ci∣ties & Coun∣ties.
• How Sheriffs shall be eased in passing their accompts in the Exche∣quer.
• Seizures of Lands remai∣ning charged Michaelmas, 1660.
• Seizures here∣after taken or returned.
• Fees to the Remembran∣cers.
• Sheriffs shall not answer il∣leviable sei∣zures, Farm, Rents, &c.
• Seizures be∣fore 1 Jac. and divers others to be left out of the Sheriffs accompt.
• Process for Debts to be sent forth in convenient time.
• The penalty upon officers for doing any thing against this Act.
• 9 E. 2. St. Lin∣coln. 4 E. 3. cap. 9. 5 E. 3. cap. 4.
• 21 Jac. cap. 5.
• A Quietus est to be a sufficient discharge for a Sheriff, if not questioned within four years after grant thereof.
• Chester, Lan∣caster, Dur∣ham, Wales.
• Proviso touch∣ing the Kings Remembran∣cer.

  Lord Treasu∣rers, Remem∣brancer.
• The conttnu∣ance.