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Questions concerning the Lord Treasurers Office, with severall Answers to every Question, made by Mr. F. Or rather a Declaration of his Opinion touching the same; written at the Request of the Lord Buckhurst.
THE Lord Treasurer is sworne and admitted in open Court by the Lord Chancel∣lor or Lord Keeper for the time being.
Answer. Sir, I have seen the Records of the like Admittance, and yet the Lord Treasurer that was last, was sworne in the Chance∣ry.
Hee is appointed by Statute co be at the election of the Sheriff yearly, In Cr. Ani∣marum.
Answer. By the Statute of Anno 14 Ed. 3. cap. 6. The Chancellor, Treasurer, and cheife Baron, calling others to them, are to name Sheriffs in Cr. Animarum yearly, and by the Act 12 R 2. cap. 2. they must be sworne to do as is there limited.
Hee nominateth after the Sheriffs be cho∣sen, all the Escheators in England.
Answer. Escheators ought to be nominated by virtue of the sayd Statute of Anno 14 E. 3. cap. 8. but by what reason he doth it alone, I know not.
He giveth by Statute all the Offices of the Customers, Conmptrollers, and Searchers
through England during pleasure, by his Warrant under his hand, directed to the Lord Chancelor or Lord Keeper for the time being.
Answer. This he doth by virtue of a Statute made 31 H. 6. cap. 5.
Hee granteth by Statute and Custome, for the accustomed Rent, Custodiam of the ancient Crown Lands, and Escheated Lands, and Firman ulnagij, in all the shires in England, &c.
Answer. I cannot speake certainly of this, I know not how to informe my self so as I would, saving that I thinke the Alnage is let to Farme by the Statute of Anno 4 H. 4. cap. 13. and 4. E. 4. cap. 5.
He granteth, Firman terrarum seis. pro Domino Rege quamdiu in manu dicti Do∣mini Regis fore contigerint, to any that sue for it, by his Warrant made of late to the Clarke of the Pipe, and in old time directed to the Lord Chancellor or Lord Keeper for the time being.
Answer. Neither do I know this certainly, but I have beene told, that the Leases made un∣der the Exchequer seale be not good.
He sitteth in Court or in the Exchequer Chamber, and ordereth with the Chancellor, under Treasurer, and the Barons of the Court, the matters offered before them, to the Princes most benefit as they can by the law course, or equity, but the Judgement is only, Per considerationem Baronum.
Answer. Hee sitteth in the Court, and ordereth with others, as is declared in this Article, when it pleaseth him, and the oftner the better, for the profit and service of the King, and the dispatching of suits and sui∣tors.
Hee may call upon the Kings learned Councell and the Officers of the Court, to consider by the law and Presidents any matter sore pressed against his Majesty at the Barre, and desire the Court to stay pro∣ceedings in it while they may be better infor∣med.
Answer. There is no doubt but hee may and will do all this, when hee shall see others negli∣gent or any other good causes so to do.
Hee and the Barons may by Statute shall debts of three hundred pound and under to be payd at dayes.
Answer. This they may do by the Statute of 1 vel 2 E. 3. cap. 4.
The Treasurer, the Chancellor, the Vice-Treasurer, and Barons of the Court, may and do use to make Orders and Decrees, of Allowances of Pensions, Portions, Rents, Payments, Fees, and Considerations thought good by the Court, and upon intricate mat∣ters, and matters of equity in the Court be∣tweene the King and the party to bring them to a finall end as best for all parts and not well able to be determined by the ordina∣ry pleading, or otherwise of the Court.
Answer. They may and do use to make Orders and Decrees as is there declared, and for that purpose do sit both in the Court, and
often in the Exchequer Chamber, to heare English suits, which they do by virtue of the Statute, 33 H. 8. cap. 39. See the Sta∣tute booke at alrge. fol. 92. H. 4.
Hee in giving judgement with the assi∣stance of the Court, doth order, stay, exa∣mine, heare, debate, prolong, and end, all causes of the Exchequer, either by Judge∣ment, order; or decree, by privy seale from his Majesty, when otherwise it will not be done.
Answer. It is certaine that hee and the Court, or to say more plainly the Court (where∣of he is cheife) may do all lawfull things that are there to be done, either by virtue of Law, or of the Kings Warrant, which I take to be the meaning of this Article.
He alone punisheth, reformeth, directeth, and ordereth all the Officers of the same, that by Law are not to be brought into the Court of Exchequer.
Answer. All the punishments which I have found in any Record, have beene done as by the
Court, and all their Accounts and Con∣cealments, Informations; and sundry other things, have been taken, examined, and or∣dered, as by the Court: And yet his Lord∣ship hath great Authority over them by the Statute of 17 R. 2. cap. 5. where it is enacted, that those Offices should remaine in the Kings hands under the governance of the Lord Treasurer for the time being, with the assent of the Counsell where need shall be.
Hee directeth his Warrants to all the re∣membrancers (as the case lyeth on any of all their sides) for all manner of Commissions, Processes, and Injunctions needfull in the matters of the Court, and when the case re∣quireth speed, hee writeth first his Letters therein, and if hee thinke it good, hee sen∣deth Commissions, Processes, and Injuncti∣ons after them, and sometimes by the same, doth undoe and stay that the Barons have commanded, Judgement being not given.
Answer. He directeth Warrants for Commissions and processe, and so do others, but they be taken and used as Acts of the Court and
allowed and disallowed, as they stand with Justice. Hee sometimes maketh Warrants for injunctions to stay spoiles of houses, woods, and such like, &c. But for alte∣rations of possessions from one to another, Non auditis partibus, or out of Court very seldome or never. As for writing of Letters and after processe, I thinke they have been few of late yeares, and found almost fruit∣lesse. For, Super debile fundamentum ca∣dit opus. And of the undoing and staying of the Barons Commandements, hee hath given sometimes stay for a time upon bet∣ter information then they had, but undone nothing but upon conference with them, and with their Consents to my remem∣brance, I have only seene these things done, but not found them in any Record that I rember.
Hee sendeth his Serjeant at Armes for all such as do disobediently set, neglect, or devise to disappoint the Kings Processe, and sometimes hee sendeth him otherwise after his discretion for persons that are skipping aside, erneed so to be stayed, or to be sent for.
Answer.
I have not seen any Record that he hath sent a Serjeant at Armes for any man be∣fore the Lord Marquesse his time, and that was done when ordinary processe would not be obeyed, and that also very seldome. But in the Lord Burleighs time, the sending grew common against Sheriffs and Colle∣ctors, &c. as I remember I have seene in ancient Records, that Serjeants at Armes have been sometimes, and yet seldome au∣thorised by commission to doe sundry ser∣vices.
Hee alone giveth the Warrant to all men to have their Wine free of impost.
Answer Hee alone (for any thing I know) hath given all the Warrants for freeing the im∣post of French Wines, yet I finde in Anno 1571. the impost was rated by writing un∣der her Majesties hand, wherein it was or∣dered, that if any of reputation (being good house-keepers) were left out of the rates, then it should be lawfull for the Treasurer and Chancellor to give allow∣ance, but how this authority hath beene put in ure I know not.
He, the Chancellor, and Vice-Treasurer, make all Warrants for wood sales.
Answer. I have not seene or found any Record, or otherwise, that hee or any other of the Exchequer, hath had any authority to make sale of the Kings Woods, but by Writ or Commission under the great Seale, and that also very rarely, but by Article, a∣mongst the Articles for annexing of the Court of augmentations to the Exchequer viz. Article 27. there is a prohibition con∣cerning the Woods of the Lands in the sur∣vey of the augmentation Court of this Te∣nor, viz. No Wood sales to be made without a Commission from the Lord Treasurer, and to such other of the Court as hee shall call unto him, and in his ab∣sence, the under Treasurer calling unto him two of the same Court, and other Authority then this I have not seen, but to the Court of generall surveyors, which (as I take it) is since dissolved by the statute, 7 E. 6 cap. 2.
Hee, the Chancellor and Vice-Treasurer
make all Warrants for mony to the Receivor, of the shire, for reparations of houses, Sea-Bancks, and water works, where the same be. And commonly he directeth his Warrant for a Commission to go out to enquire of the sayd needfull reparations, and the charges of the same.
Answer. All the generall Authority that I have seen to give warrant for reparations, is by the Articles of annexing the sayd courts before mentioned, Article, 20.
He directeth Warrants sometimes to make Commissions to some to be Receivors, Sur∣veyors and such Officers of the Revennues, during pleasure under the Exchequer seale, after any be dead, or put out for any misde∣meanors whilst the Kings Majesty be moved for the Bill assigned, and to stay others from suing.
Answer. He sometimes alone, and sometimes with others, hath made such warrants as is alle∣ged, and not without good cause as is there mentioned.
He cheifly protecteth the Iurisdiction of the Court, the Officers, and all the matters of the same.
Answer. The Jurisdiction, Officers, and matters of the Court be protected by the law, and by the Authority of the Court, and this Lord being the cheif, doth cheifly worke in that matter, like as in all other wherein he dealeth.
He Commandeth and restraineth all the Officers and Ministers of the Courts, and all others in the Kings Majegisty Causes, and matters, belonging to the same.
Answer. He commandeth all to do their duties diligently, justly, and truly, and restrai∣neth all to do the contrary.
He alone and the Chancellor Vicetreasuror and Barrons of the Court, after his and their discretions, do punish all the misdemeanors of the other Officers, and Ministers, of the Court, and of all others that abuse the Court,
the Causes, the processe, and appendance of the same.
Answer. I have seene by Records that the Court hath done punishments after divers man∣ners upon the Officers and divers others, but I remember none on Record to be done by him alone.
He untill the late uniting of the Court of Augmentations, and the first fruits and Tenths, did use to sit, and deale very little in the Court of Exchecquer, but left all there belonging to him, to be ordered by the Chan∣cellor, Vice-treasuror, and Barons.
Answer. I thinke this to be true, but I have not seen any Record of it.
He alone, or he, the Chancellor and Vice-Treasurer, do allow at the Liberate every Hillary and Trinity Terme, such summes of mony out of the Exchequer, as to them seems good for any bodies considerations, about the service and charges of the court or Revenue of the same, as by the leiger privy
Seale in the receipt he and they are authori∣zed so to do.
Answer. He and the under treasuror, or one of them alone without the Chancellor, do give these allowances in such terme or time as they see cause, by vertue of the privie Seale in the Article mentioned and for this purpose, the Articles of the annexing of the Augmentation Court, Article, 20 may be considered.
He alone by the Articles of the late court of Augmentation, and the first fruite and Tenths annexed to the Exchequer may do something alone, and something he with the Chancellor, and under-treasuror, the Chamberlaines and Barrons of the Exchec∣quer or three of them and some things he with the Court, and some things he with such per∣sons as he shall call to him, which are here too long to set downe particularly, and therefore are referred to the said Articles.
Answer. The certainty whereof may be knowne by the Articles themselves.
Hee hath used before the uniting of the sayd Court of augmentation:, and the first fruits and tenths in all great matters of the Courts, sometimes to confer with the Chan∣cellor and under Treasurer alone, and some times with them and the Barons, and some∣times with them and the Kings learned Councill, and some times with them all, and the two Remembrancers and Clerke of the Pipe about the same, what were best to be done. But since the uniting of the sayd Court, according to the Articles of uniting the same, he hath used much to conferre and joyne with the Chancellor and Vice-Treasu∣rer, upon all forraine matters, Causes and Actions of the Court, that stand not in plea, Suits or Judgement before the Court, but come in question, order, and determination by the sayd union, and shall call such Officers as shall please them to consider and determine upon the same.
Answer. I have seen no written direction for this course, but undoubtedly he may and will call any Officer unto him to conferr with for his Majesties service, and determine of
matters according to Justice.
Hee alone, and he, and the under Treasu∣rer by his discretion (as I take it) do sur∣vey and order all the Receits, and all the Of∣ficers and matters thereof, and of the Trea∣sury, and do direct payments, and stayes of payments by their discretion, and do exa∣mine all receits coming in, and going out of the receit, but can suffer no penny to go out but by privy Seal or great Seale from the Prince, or by decree, or Writ from the Court, that sometime cometh so about by the Judgement of the same. He hath divers other authori∣ties by old and new Statutes both alone and with others, which are referred to be found out by learned Counsell that have abridged the same.
Answer. I have not much experience in the Re∣ceipt, but I do hold it for certainty, that none of the Treasure may be payed out, without good warrant from the King. And I have seen by record, and otherwise, that some misdemeanors there committed, have examined and ordered in Superiori S.
Here I was required (as I under∣stood
by the Messenger, to set downe by what Warrant and authority, the things before specified were done. I have endea∣voured to performe that according to my best understanding, as before appeareth. And where I was required also to set down, what other authorityes be in this Lord; so it is, that I * 1.1 have observed by reading of the Records of all Kings times, that he hath been taken for a very great Officer, and chief of the Exchequer, amongst which concerning his ancient ge∣nerall Authority and Duty, I finde these words written of him, Adquem spectat de commodis domini Regis curare, & ut ejus disdendia viteut prospicere, By which, and by his oath, his generall duty and authori∣ty, may be conveniently and reasonably conceived and gathered. And touching his other authorities that be not before mentio∣ned, I thinke there be some by Statutes and some by Commissions or privy seales, concerning his Office in the Exchequer, which I do not take upon me to set downe least I by forgetfullnesse, should omit some of these I know, and might omit diverse
others, having not beene made acquainted with them, and to my best remembrance, they be most of them joynt with others, and am of opinion, that if (when any thing shal be offered unto him, or required of him to be done) It will please him first to require the sight and understanding of his War∣rant, in that behalfe his Lordship shall in short time finde and know his authorityes that hee will require in such cases, whether it be by Act of Parliament, or any other way; and I for my part will be ready to declare my simple knowledge and experi∣ence in every case.
And what hath beene done by the two last Lord Treasurers, I suppose that the next hath seene either already, or heard himselfe, or shall by some other hear of it. And if his Lordship shall finde just cause to understand by what Warrants and Au∣thority they did so, he may easily under∣stand of it by some of his Majesties Offi∣cers.
HE is an Officer thought by many to have beene placed in the Exchequer, to have qualified all matters of extremity and rigour between the Prince, the Subject, and the party, with Conscience and equi∣tie, But yet I never saw nor have heard of any Record ever made in the Exchequer in that case, by order, direction, or qualifi∣cation.
He hath in Court the proper place of the Bench above the Lord Treasurer. He (in the Lord Treasurers absence) doth in Court in the Exchecquer Chamber all things to the Kings most benefit and furtherance.
He in the Lord Treasurers absence, if the Barrons and learned Counsell of the suitor doe much presse any matter against the King, or that he findeth there is some lear∣ning in the case, doth pray that it may stay untill the Lord Treasurer be made privie, and the Kings learned Councell may be conferred with, and the presidents of the Court may be shewed upon the same.
He maketh warrants to any of the rem∣embrancers to make all manner of com∣missions processe, and iniunctions, as the case requireth, aswell as the Lord Treasu∣ror doth.
He by the late Lord Treasuror, and Sir Richard Sackvills order and agreement, had referred unto him the oversight and rule of the Court of first fruits and Tenth of all compositions, bonds, mattes and canses of the same.
He in the Lord Treasurors absence for orders and Commandements in Court for the benefit of the Prince, and case of the Subject and suitors, hath ever done com∣monly that the Lord Treasuror useth to do.
He hath ever used in great causes of the Court, to make the Lord Treasuror privie, and to confer with his Lordship about the same.
He being Vice-treasuror also, after the death of the Lord Treasuror, and while a new Lord Treasuror be made, doth all things which the Lord Treasuror both in the Exchequer and Receipt doth use to do
IS an Office erected of late in the time of King H. 7. And whether it was of the Kings nomination first, or of any Lord Treasuror, it is not known. But it is said that Sir. Robert Mitton Knight, that was then the Lord Treasurers Remembrancer, was the first Vice-treasuror that was ever made, and had no patent thereof; but Sir. Iohn Baker when Thomas Duke of Nor∣folke was made Lord Treasuror in H. 8. time, being nominated Vice-treasuror after Sir. Robert Mitton did procure a Patent thereof under the great Seale of England and was the first that had a Patent of the same office.
He in King H. 7. time (as I have heard say, the report of the remaine of the Trea∣sure in the receipt being brought then to the King at the end of every Terme) did chest the same up, and did Content every Chest what summe and sorts of mony was in it, intitleing it B. or C. as in course it fell out, and carried it to the Kings Trea∣suror in the Tower, and entred the same in
the Kings Book which he kept in his deske, leaving ever in that receipt sufficient mony to pay ordinary Fees, and sums of money it was charged with betweene that and the next Terme. And hereupon I thinke the Vice-treasurer was made to see this done, both of trust and ease of the Lord Trea∣surer, as being too mean a thing for his Lordship to be troubled with, and yet fit to be done by some meaner person of trust, and great secrecie.
He being Chancellor of the Court in the late Lord Treasurers time and absence, and before the uniting of the said Courts of Augmentation, and the first fruits and Tenths, did order and command all things as the Lord Treasuror in the Court of the Exchequer, and in the receipt, saving that which was done Per Considerationem Ba∣ronum, upon Pleas, Informations, Iudg∣ments &c.
He before the uniting of the said Courts, and since the Lord Treasurors death, did make the two Praisors of all wares, and Marchandizes seized by any Informer, as taken up uncustomed, and informed against in the Court of Exchecquer, whereof they
make him a Bill of Praisement, and he giv∣eth order whether the owners shall have the goods againe as they are praysed; or whether part or all shall be otherwise sold, wherein the late Lord Treasurer would sometimes deale and intermeddle with his privity.
HEE is sworne by the Lord Chancellor or Lord Keeper for the time being, or the Lord Treasurer, and the other Barons, and is the cheife Judge of the Court, and in matters of Law. Information and plea, he answereth the Barr and all suitors.
He giveth all days for bringing of Pleas, Informations, Answers, Replications, Re∣joynders, and amending of the same, as occasion is offered at the Bar.
Hee maketh all the Orders of the Court that touch or concerne the matters at the Bar, or the Suite depending in Court, or is moved by learned Counsell, and yet with great orderly consent of the Lord Treasu∣rer, the Chancellor, the Vice-Chancellor,
Vice-Treasurer, the other Barons, and the Kings learned Councill, or such as are pre∣sent of them, as the case shall require.
Hee in the absence of the Kings learned Councill, answereth the Bar most diligent∣ly in the Kings Majesties behalfe, and when the Kings learned Councell be there, hee suffereth them to speake and answer to the Bar for his Majesty all that come, and joy∣neth with them my speech and conference, to satisfie the Bar, to alter or mend the matter or words of the plea, for the fur∣therance of his Majesties side, in all causes the Law will bear him.
He, before hee proceed to Judgement in Causes against the King, either hee asketh or willeth the Officer on whose side the matter is, to aske the Kings Attorney what he can or wil say more for the King in such a matter, that the Court may be informed of it. And even so doth he for the party, if the Kings Majesty be to have Judgement for him.
He and his fellowes conferre together in all difficult matters and judgements of the Court, and when they have resolved the Law therein, they use to impart the same
to the Lord Treasurer, Mr. Chancellor, Mr, Vice-Treasurer, and to the Kings lear∣ned Counsell, and if they cannot satisfie the Barons, the Law to be otherwise, they proceed to Judgement. The Court being called upon therefore at the Barr, although the Lord Treasurer, Chancellor, Vice-Treasurer, and the Kings learned Coun∣cill, would faine have it goe otherwise, which they do with great circumspection, and feeling sometimes the opinion of the Judges therein, and ever after long and often deliberation had first thereupon.
Hee ever giveth Judgement in the Term time only, and speaketh in this wise to the Remembrancer, on whose side the matter is. If the Kings Attorney say nothing for the King between this and such a day, for such a matter, enter Judgement for I. S. or if the party say nothing for such a matter, enter Judgement for the King.
He in open Court awardeth Commissions Processes, Injunctions, and all manner of Writs, and commandeth stay and Super∣sedeas of the same, and such his Award is set down in the booke of orders on the Re∣membrancers side where they issue out.
and such his Award is set down in the book of Orders, on the Remembrancers side where they issue out.
He out of Court maketh Warrants and Fines, as the Lord Treasurer, Chancellor, and Vice-Treasurer doth to any the Re∣membrancers whom it concerns to make out any manner of Commission, Processe, Injunctions, Supersedeas, Writs of pri∣viledge, and such like.
Hee in open Court doth set Amercia∣ments and Fines upon all Sheriffs, Coro∣ners, Escheators; Commissioners, pursi∣vants, makers and ayders of Rescues, that do not execute, serve, return, deliver, or obey the Kings Commissions, Processes, Injunctions and Writs, as to every of them appertaineth.
He committeth to ward in open Court, and in the Exchequer Chamber, all that be indebted to the King, that misbehave them∣selves in the Court, that disobey the Kings Processe, that keep not their dayes or the order of the Court, or otherwise, be worthy to be committed as the case shall require.
He alone in the afternoones in the Term time, doth sit upon all Nisi prius in Lon∣don
in the Guildhall, that came out of the Remembrancers Office, or the Clarke of the Pleas Office, concerning any matter or tryall there by the Jury of London, which cannot be dispatched at Westminster for lack of time and leisure.
Hee appointeth the dayes and Termes when all Demurrers in Law shall be argued at the Bar, and likewise in the Court to shew their opinions upon the same.
Hee commandeth all the Officers under the Bench to make searches for the King, and the Court to give their attendance on the Barons in the afternoones at Westmin∣ster, to set Fines and Amerciaments on the Sheriffs, and to informe the Court of that is meet, or otherwise to confer with them. And sometimes hee commandeth the sayd Officers to attend at his Chamber upon him and his fellowes, for conference or information about some speciall matters appointed there to be heard or considered upon.
He and his fellowes take without Fee in open Court, all manner of Recognizances for the Kings debt, for appearances, for observing orders, for keeping the decrees
of the Court, and such like and for every Recognizance taken out of the Court, he hath six shillings eight pence.
He taketh the presentation of all Officers in the Court, that are under himselfe and of the Mayors and Sheriffs of London, and giveth such exhortation and oration as to himself shall seeme meete, and Command∣eth their Oathes to be read unto them by the Kings Remembrancer, and seeth them take the same.
He taketh the Declarations of the in∣grossed Accounts of the late Augmentati∣tion Revenue in the Counties of Northum∣berland, Richmond, Durham, Receivers of Nottingham and Derby, Lincolne. &c. Receivors of Chester, Lancaster, Westmer∣land and Cumberland.
Receivers of Northton and Rutland.
Receivers of Leicester and Warwick.
Receivers of Salop, Wigor, Stafford, and Hereford.
And made before him by the Auditors of the same Shires,
He with the Kings Attorney Promissis Parcandis, doth set all the Fines of Compo∣sition upon any that is informed against in
that Court by any popular Action, or pe∣nall Statute, which Fyne doth bring the de∣fendant to an end thereof, and is set downe from the Roll of the Kings Remem∣brancers side, and charged in the Pipe, where he hath his Quietus est, upon his Fine payed by tallie and allowed there.
IS he that is next in place, and Ancientie to the Lord Cheife Baron, and in his ab∣sence doth Answer the Barr in matters of orders, and course, as the case offereth, and in matters of law, difficultie, or im∣portance, He referreth all suitors untill the Lord Cheife Barons comeing, and that the Court be fuller. He, and his fellowes in the Lord Cheife Barons absence, in meane Causes and matters of Course, doe take order with all suitors, and matters offe∣red at the Barr, as in dayes of Appa∣rances, Recognizances, Receiving and men∣ding of Pleas, informations, lycense to de∣part, and some Iudgments the Causes being
not great, and the Lord cheife Barons mind being somewhat fore-known therein, And in every thing he useth more Autho∣ritie in the dispatch of matters in the Court, which are called on at the barr when the Chancellour, the Vice-treasurer, the Kings Attorney, or Sollicitor, or some or most of them are present in Court, wherein he and his fellowes have the more consent and agreement of the cheife Offi∣cers of the Court.
He and his fellowes in my Lord cheife Barons absence, may doe all in Court that my Lord cheife Baron may doe, and is good in law Per Considerationem Baronum, though there be but two of them, yet in most matters, and especially of any weight, they take a respit, and put over the same, and wil be advised thereof until such a day.
He giveth yearely the morrow after Simon and Judes day, the Oath to the Lord Mayor and Escheatour of London, that he shall make a true Account of the Eschea∣torship, and aske no petition or Allowance, but that which is good and true.
He in the Lord cheife barons absence doth take all manner of Recognizance in
Court, and out of Court, as the Lord cheif Baron doth, and hath for his Fee of every one taken out of Court six shillings eight pence as aforesaid.
He taketh the Declaration of ingrossed Accounts of the Receivors of the late Aug∣mentation Revenue in the Countie of Kent, Surry, and Sussex. Receivers of London Middlesex. Hertford and Essex. Receivers of Norfold and Huntington. Receivers of Suffolk and Cambridge. Receivers, and made before him by the Auditors of the same Shires.
He examineth the letters, and casteth up the sums of such Sheriffs forraign Ac∣counts, Escheators Accounts, Collectors Ac∣counts, of Customes, Subsedies, and Fifteens, as are brought unto him by any of the Au∣ditors of the Court, in the head of which accounts, the Barons name is set that exami∣ned them, And his addition thereunto is Auditor, And then the Auditors name that did take and ingrosse them, is set under the Barons name, and his addition thereunto is Clericus; So as it seemeth, the old course of Exchequer accounted the three under Ba∣rons
the Auditors of the court, and those we now call Auditors, but as their Clerks. And in this wise the old account of the Ward Robe, the Victualls, the Ships, the Workes, the Provisions, the Wars, and such like, were heretofore taken and examined, which be now taken by the Au∣ditors of the Prests, and are declared by them, and they account before the Lord Treasurer, Chancellor, and Vice-Treasu∣rer only, except they please to call some of the Barons to them, as they use so me∣times, when the most of them cannot at∣tend the hearing of the same accounts.
IS hee that is third in place and Anceintie to the two Barons, and may do all things in Court, in their two absences as the two Barons, and their fellowes might do before; but in both their ab∣sences, the third is very circumspect to do or meddle with anything, but that which is ordinary, and referreth over all suitors as before.
He may take Recognizances in Court to the Kings use, as the other did before, and hath his fee also of six shillings eight pence for the same, that are taken out of the Court, as the other had before.
He giveth every Symon and Judes day the Oath to the Lord Mayor, and Gaugers of London, that he shall make a true account of the same, and aske noe petition or allow∣ance but what is good and true.
He taketh the declaration of the ingros∣sed accounts of the Receivers of the late Augmentation Revenue in the Counties of Somerset and Dorset.
Receivers of Cornwall, and Devon Re∣ceivers.
He likewise as the second Baron did be∣fore, examineth the letters: and casteth up the sums of such Sheriffs forraigne ac∣counts, Escheatours accounts, Collectors ac∣counts, of Customes Subsidies and Fifteens, as are brought to him by anie of the Audi∣tors of the Court as aforesaid.
IS alwayes a Cursistor of the Court, and hath been chosen of some one of the Clerks in both the Remembrancers offices, but most usually he is, and hath been chosen of some one of the Clerks of both the Re∣membrancers office, or of the Clerke of the Pipes office.
He taketh Oath every Simon and Judes day of the two Attorneys, the new Lord Mayor then putteth in, ad recipiendum man∣datum Curiae, And likewise of the Deputie Escheator and Gauger of the late Lord Mayor, Elcheator and Gauger of London, that they shall make a true account of the said Offices, and aske noe petition or Allowance, but that which is good and true.
He if he present in Court at dayes of prefixion, taketh the Oath of all high Sheriffs there, under-sheriffs, or Attorneys, and of all Escheators, that they shall make a true account of the said Offices, and aske noe petition or allowance but that is good and true.
He taketh the Oath of all Collectours, Countrollors, Surveyors, and Searchers, of all the Custome houses in England, that they have made true Entries in their Bookes without concealment, or leaving oat any parcell of wares, or merchandi∣zes, to the Kings hinderance or prejudice.
He taketh before the Court commonly begin to sit, or when it hath little to do, or my Lord cheife Baron is absent, the op∣posals of the Shiriffs, of their summons that come in, and are sworne to account as before, which is nothing else but opposing of every Sheriff, what he will say to every summons, which is written to him out of the Pipe, who upon the sayd opposalls an∣swereth unto such sums as hee will pay and charge himselfe with, confessing so much due or received. And to the other summs he will answer, O. Ni. as confessing, On••∣retur nist exoneretur, and so the said Ba∣ron goeth on in this manner, questioning and asking of every Sheriff, what hee saith to every sum in his summons, untill he hath gone through every one of them.
Hee informeth the Bench and the Kings learned Councill from time to time, both
in Court and out of Court, what the course of Exchequer is, and stayeth the rest of the Barons, and the Kings learned Councill, from ordering any thing they go about contrary to the sayd course, for the preser∣vation of the same, and to save the Kings Prerogative and benefit, which the course of the Court most commonly maintaineth and respecteth.
Hee taketh the declaration of the ingros∣sed accounts of the Receivors of the late augmentation of the Revenue of the coun∣ties of Yorke,
Receivers of Oxon and Berks,
Receivers of Buckingham and Bed∣ford.
Hee likewise (as the two other Barons) examineth the Letters, and casteth up the sums of such Sheriffs forraigne Accounts. Collectors accounts, of Subsidies and Fif∣teens, as are brought unto him by any of the auditors of the Court, and causeth his name, and the auditors name that in∣grosseth it, to be set with additions of the auditors, and Clericus as aforesayd.
He taketh the Bayles of all Sheriffs, Bay∣liffs of Liberties, and Escheators that keep
not their dayes of prefixions, but come in∣to the Court by attachments, which is no∣thing else but with sureties to be sworne to account, and then assesseth the Fines of all such Bayliffes. Pro libertate reprehen∣denda, and of all such Escheators for their contempts which be very small, and never above five shillings, but rather under, as twelve pence, two shillings, and three shil∣lings foure pence. And for the Sheriffs Fines, in is ever five pounds a day for his four next dayes after his day of prefixion that he faileth to come and to be sworne to his account.
HAve their place next in Court to the foure Barons, and may sit and keepe their places dayly in Court if they like to attend and hearken to the causes of the Court, without any intermedling therein. But at the election of the Sheriffs yearely, (In Cr. Animarum) they are ordinarily to be there, and keepe still their place, and may say their opinions for preferment or
stay of men to be Sheriffs, as the Barons and Justices do, but other dealings in the Court of Exchequer at this day, I know not that they have.
They have in old time had great autho∣rity in the Receit (as I have heard say) and have kept certaine keyes of the Treasury Coffers, and were ever privy to the Pells of Receit, and to the Pells of Exitus, of the which each of them kept a controller, as at this day they do of the pell of receits, and no mony issued out of the Receit with∣out their privity, as is manifestly proved, because at this day every privy seal for the payment of any mony out of the Receit is directed The saurarijs & Camerarijs.
They have the charge of the Treasury with the Lord Treasurer, and keepe the keyes thereof, where all the ancient leagues betweene the Kings Progenitors, and o∣ther Princes and States, either do or should lye, and where the booke of Dooms∣day and the ancient Records and Pleas, De Justiciarijs itinerant. and De forest is, and of diverse other matters do remaine; into which Treasury, neither they nor their De∣puties can come with their keyes, untill the
auditors of the Receit come with the Lord Treasurers key to the same that remaineth in his keeping to my Lords use.
IS the speciall Officer of the Court that is made privy to all manner of pleas that be not ordinary and of course, that rise upon the processe of the Court, and to the Re∣plications and Rejoynders growing upon the same on any of the Remembrancers sides.
He putteth into the Court of his owne name for the King, all informations of concealments of Customes, Subsides, Sei∣sures, Receits, and of Intrusions, Wars, Spoiles, Incroachments, and Anoyances, done upon any of his Majesties Lands, Te∣nements, Woods, Rents, Rights, and He∣reditaments, and upon any popular Acti∣ons, penall Statutes, Forfeitures, or breach of Covenants.
THE Kings Remembrancer of the Ex∣chequer, who at certaine dayes pre∣fixed in the Terme, calleth to account in o∣pen Court by his booke yearly made, and commonly called Statutus magnorum com∣putantium, &c. all the great accountants, as the Cofferer, the Master of the Ward∣robe, the Master of the Horses, the Keeper of the Scudry, the Master of the Revells, the Clarke of the Hamper, the Butler of England, the Treasurer of the Mynt, the Lieftenant of the Tower, the Constable of the Tower, the Lieftnant of the Ord∣nance, the Receiver of the Ships, the Vi∣ctualler of the Ships, the Master of the worke, and such like; and by the same booke, should call the Vulgars to account, that are now reduced to a fee farme certain by my Lord Treasurers Bill made therefore to them for one and twenty years or more, and so they answer yearly their fee farm in the Pipe.
And by the same booke he calleth (as
before) at dayes prefixed, all searchers, Ad respondendum Domino Regi medieta∣tem omnium foris fact urarum in Officio suo contingent. &c. And all collectors of Cu∣stomes, and Subsidies, Ad computandum, which book of States hath all the sayd Offi∣cers christen names, and surnames, with the addition of their Offices that be full and given, and being not given nor full, nor account at this day, it hath only the Office name in the same.
He inrolleth, and after writeth out the same, according to the course of the court, against all the sayd accountants that come not in at their dayes prefixed, and account for their sayd Office, except such as be not now accountants before the sayd Ba∣rons.
He calleth to account in open court by his like booke called the States of the col∣lectors of Subsidies and Fifteens, all man∣ner of high collectors thereof granted by Act of parliament in every shire, city, Burrough, Towne corporate, and place whatsoever through England, as they are appointed and certified by the commissio∣ners every where for the assessing and le∣vying
of them, and according to their dayes of payment appointed them by the Statute.
He inrolleth and maketh out processe a∣gainst such of the sayd Collectors for their Bodies, Goods, and Tenements that come not in to account, and pay their mony ac∣cording to the grants of the same.
He taketh Recognizances to the Princes use before the Barons in open Court, or out of Court before some one of them, of all such persons, for most causes, with su∣reties and seldome without sureties, as by occasion of any of the premises, or from time to time for any debt day of Appea∣rance, or other commandement of Court, are forced to be bound any manner of way.
He upon the breach and not keeping of these Recognizances, inrolleth processe, and maketh out the same against all such persons as were bound therein, according to the course of his Office.
He as the Returnes of the sayd processe by course of the Court do offer occasion of some change of Writs in manner and forme by the Returns of Sheriffs, as Non
sunt inventi, Nihil habent, mortui sunt, languidi sunt in Prisona, and such like without number, doth by and by on the back side of the Writ so returned and in∣dorsed what is to be done, or leaveth it to the Clarke of his Office to do it, whose charge it is to write the process of the shire where it runneth, that of course can tell what to do, and all the sayd processes be still current every Terme untill they that are bound, or their Executors, Admini∣strators, Heires, or Ter-Tenants come in and pay the mony, or take order therefore, or plead in discharge of them.
He hereupon informeth the Lord Trea∣surer, and in his absence, or by his order the Chancellor or Vice-Treasurer of the Court, every Terme when he is comman∣ded, of all manner of debts and arrerages of any the sayd Accountants, or upon a∣ny other person depending in his Office, by reason of any the sayd Recognizances, or of Bonds taken, or delivered in his Of∣fice by any other occasion, and due with them ro his Majesty.
Hee according to their Order stayeth or setteth forth processes for the sayd debts
and arrerages, and admitteth any person vexed with processe from time to time to plead in discharge thereof, or of any part of the same, unto which plea the Kings Attorny is made privy, who referreth the same over to the Court, if hee thinke not good to confesse it.
Hee hath all manner of Informations up∣on penall Statutes, Intrusions, Counceal∣ments and such like, put in and sued in his Office only, with all matters, Recogni∣zances and Bonds depending or proceeding upon the same.
He by calling on, and remembring the Court and the Kings Attorney of the same and other Pleas depending in his Office, doth drive them to be ended, either by the Attorney generalls confession, or Judge∣ment of the Court, upon Jury, Demurrer, Privy seale, or composition, Pro misis Par∣candis, being upon popular actions.
He only on his side maketh the Bill Roll of compositions, Promisis Parcandis, up∣on penall Lawes; and Statutes, and get∣teth the Lord cheif Barons, the Kings At∣torney, and the other Barons hands to them, and maketh up the Records of the same.
Hee taketh the stallment of all debts by Recognizances after the ancient course, and sometimes now by Obligation, be∣cause the parties (bound upon their pay∣ments) would have out their Bonds again, which else be as Statutes of the Staple to the Prince by Act of Parliament, which stallments should be forthwith sent downe into the Pipe, that they might be so mo∣ved out there for time to time against the day that any payment shal grow due, and so is the ancient course of the Court.
Hee only taketh Bonds and Recognizan∣ces in the Court, and all to the Kings use, of all Sheriffs, Customers, Controllers, Re∣ceivers, Bayliffs and of all other persons whatsoever, that are bound in the Exche∣quer, and doth all things proceeding upon the same.
He inrolleth all the sayd Bonds and Re∣cognizances in remembrance of the yeare, that are taken there or brought in, and delivered in Court for the Prince his better safety, if the same should miscarry by fire imbezeling, or otherwise.
Hee sometimes by Warrant of the Lord Treasurer and in his absence the Chancel∣cellor,
the Vice-treasurer, the Kings Attor∣ney, and the Court, maketh out Commissi∣ons in the Countrie to certaine Commissio∣ners by Dedimus Potestatem to take Bonds to the Kings use when the partie is to be bound with Suretyes, and cannot conveni∣ently come up, or bring his Sureties hither to be bound for him, of the Retorne where∣of he maketh Record, and fileth the Com∣mission, and the Certificate and the lands besides,
He by like writt changeth bonds and Re∣cognizances of the first parties that were bound and taketh others in other places, that the Lord Treasurer the Chancellour and the Vice-treasuror alloweth of.
He maketh all processe, Commissions, De∣crees, orders, Awards, and Entries proceed∣ing, or growing of anie matter, cause, plea, or originall depending, or to be sued on his side, that the whole Course of the matter may appear and remaine on Record in any place ever together.
He maketh a Record in his office of all the Certificates delivered unto him by the Clerke of the Star chamber under his hand, of such fines as be felt upon any person by
the Lords there, and causeth the same fines to be sent downe from his Record into the Pipe to ••e sumoned out there, to be writ∣ten from thence by the Treasurors Remem∣brancer when they be put in his Book cal∣led Cedula Pipe.
He maketh up the Record of every Bis∣hops death, of his multure of his best horse, Ring, and cup of gold, and silver, seised to the Kings use, or of fine made thereof by e∣very of their executors or the administra∣tors of their goods and Chattells.
He taketh the Proffers every Easter, and Michaelmas Terme, in the Receipt before the Barons, of all the Sheriffs, Bayliff, and Eschearours and marketh the default of e∣very of them that doth not appear there by his Attorney, aswell as the Treasurors Re∣membrancer doth.
He readeth in open Court the Oathes and the Usher giveth the Book at the Election of Sheriffs yearely every C. Animarum, in French, and offereth the Book to be kis∣sed by them that chose them.
He readeth in open Court the Oathes and the Usher giveth them the Book to kis∣se, that all the grand Officers of the Court
of Exchequer doe take either before the Lord Chancellour for the time being, and the Barons, and likewise the Oathes that all the under Officers Ministers and servitors of the said Court, doe take before the Lord Treasuror, the Chancellour the Vice-trea∣suror, and the Barons of the Court, or some of them.
He onely maketh the great Prerogative Writ of the Court, for all Officers, Ministers and Servitors of the Exchequer, and Receipt, and for their men that be sued elswhere in anie Court of Record or place to remove such plaint before the Barons such a day to surcease the suite.
He hath delivered into his office to keep, all manner of Judgements, Fines Recoveries, deeds, Releases, writings, Charters, and Evi∣dences whatsoever, that are brought into the Court by the Lord Treasuror, the Kings Attorney, or any other person, either for the Assurance of lands and Tenements to the Crown, or for the better Recoverie and en∣joying lands, and tenement that ought to come or be in the Crowne.
He maketh by warrant of the Lord trea∣suror, the Chancellor, the Vice-treasurer,
the Kings attroney, and by the Award of the Barrons in open Court, all manner of processe, writts, Injunctions, and conditi∣ons whatsoever, that be to be made on his side, besides the ordinary processe and writte of every Terme, whereof he likewise maketh stay, and Supersedeas, by War∣rant and Award of the Barons as afore∣said.
He entreth Judgment, according as the Lord cheife Baron and Barons of the Court Commandeth him, of all Pleas dependingon his side both for the king and the par∣tie, though the Kings learned Councell would willinglie have the Judgment goe otherwise.
He entreth Judgement of his owne Autho∣ritie by the Ancient Course of the Court of Pleas of Course, and whereof there are day∣ly Presidents which were not able otherwise to be overcome if they should be read and followed openly in the Court.
He sendeth the red Book by one of his Clerkes with the fourth Baron most Com∣monly, and in his absence, with the next Baron into the Kings Bench, and Common Pleas in the Terme time, to remove any
matter sued there against any Officer, Mi∣nister, Servitor, or any of their men, or any Accomptant there, that prayeth his privi∣ledge in time of any of the same Court, up∣on which said red Booke shewed, and the parties soe testified by the Baron to be of the Court as aforesaid, his Priviledge is ordina∣rily allowed.
He receiveth into his Office all the Certi∣ficates of the Subsides, Fifteens, & Tenths, granted to the Prince by Parliament, and certifieth unto the Exchequer, whereupon he maketh his two Bookes called The States of Subsidies, and the State of Fisteens, in which is entred the Collectors names, and for what places, with the summe totall of every Certificate, as they doe come in with their payments agreeable thereunto, soe are they trossed and entred cleere, that other∣wise stand open while the money is payed, and discharged.
He sendeth every Hillary and Trinitie T••r••e, severall parchment Bookes, to all the Customers, Controllers, Survaiors and Searchers of the Parts and Creekes through England, to make the first and second halfe yeares Entries in the same of the Kinges
Majesties Customes and Subsides, and the Cocketts thereof, according to certaine late orders in the late Queens time sent unto them thereof. And likewise every Michel∣mas and Easter Terme he receiveth the same by the Oath again of the said Officers in open Court, or before some one of the Ba∣rons out of the Court, that they have made all true Entries in the same, and as they ought to have done.
He receiveth, from some one of the three Barons, and of the Auditors of the Court Attending on them, all Sheriff, forraign accounts, Collectors accounts of Subsidies and Fifteens, and the Cofferers accounts, which he taketh, & the Accomptants name with his addition of account, and the summe totall and the debts of the same, and so putteth every of them ever by himselfe, or one of the Clerks of his Office to the Treasurors Remembrancers side to be en∣tred there in like sort; both which Remem∣brancers should likewise receive all the great accounts taken now before the Audi∣tors of the Prests and the Receivours and Ministers accounts of the late Augmentati∣on Revenue, taken before the Auditors of
the Shires to make like Entries thereof in both their Offices, and to be conveyed in the viewes of every yeares Remembrance, and that he to whome it did appertaine, might make processe upon the same, where any cause should so fall out, and so noe Su∣per, or debt thereupon, by that meanes should be behind, and to be out of Processe every Terme while they were dis∣charged.
He sendeth commission of Nisi prius by the kings Attorneys Warrant onely, upon tryall of any matters within his office at the Assizes in the countrie Adtenorem Recordi under the Exchequer Seale with it, But at the Nisi Prius in London, at Guildhall, he hath the very Record of his Office brought thither, and it is without commission, because my Lord cheife Baron sitteth thereon, and the Kings Attorney and his Majesties learn∣ed Councell either be, or appoint to be there for his Highnesse.
Hee hath other speciall Authorities, preheminences, and matters, appointed to his Office by the Articles of the uniting of the said Court of Augmentations to the Exchequer, which are referred thither for
breifeness and for more certaintie at large of the same.
IS the second Remembrancer of the Ex∣chequer and belike of old time was so called, for that it was then in the Lord Treasurors gift, or that he had some spe∣ciall service appointed to him by the Lord Treasuror to remember him of, or to be kept in Record.
He hath his Office cheifly established up∣on the execution of the originall, save for the great accounts, the Customers, control∣lers and searchers, that is yearly streated to him out of the Chancerie, and is otherwise called Extractus Cancellarioe, being the yearely streate Verbatim, as they passed un∣der the great Seale of England, from time to time of all Sheriffs, and Escheators Pat∣tents, of all Customers, Controllers, and Searchers Patents, of all Receivers, Reeves, Beadles, Bayliffs, Collectors, and Stewards
Pattents of all grants of lands, and Tene∣ments for life, in see simple, see taile gene∣rall, or speciall, of all denizonships, Crea∣tions of Arch bishops, and Bishops, erecti∣ons of any Abbies, Priories, Colledges, Chauntries, Hospitalls, Schooles, and Cor∣porations, of all custodies of any Honers Castles, Lordships, Mannors Chaces, For∣rests. Parkes speciall, and generall, after the Course of the Chancerie, & ouste••lema∣nes, of all Licenses of Alinations going over sea, transportations, Introductions, Re∣taines, imparkings, and Inclosures, of all pardons, Alienations, intrusions, trespasses, utlegaries, felonies, murders, misprisions, treasons, and forfeitures, of all restitutions of blood, goods, and Chattells, lands and Tenements, of all leases for Terme of life, or for yeares, of all Fines grosse and small, of all Writts of restitutions of Temporali∣ties, of any Abbey, Priorie, Archbishopprick, wards and seized lands and Tenements, of all Di••m Cl. Extremum, Mandamus, Meli∣us inquirendum, et qu. plura.
He out of the said Originall, maketh his Booke called the Roll of Prossers, which is a record, and a part of the remembrance of
every yeare of the comming of every Cro, Michalis, and Cro' Claus. pasch. into the receipt of all Sheriffs, Bayliffs, Farmers, Escheators, and men of certaine Townes within the realm, and of putting in a War∣rant of their proffer made of the issues of their Offices, at which if any of the Sheriffs made default by himselfe or their Attor∣neys, or pay not into the receipt there by Tallie infra mens••m following, they forfeit their recognizance, and the Bayliff, Far∣mers, and Escheators that come not then to appeare either by themselves or their At∣torneys, are amerced at halfe their proffer, And if they pay not their proffer infra mensem following, then doe they loose their proffer and pay it unto the receipt without having any Allowance of the same upon their account.
He when the said proffers are done mak∣eth Proclamation in the receit before they arise That all Sheriffs, Bayliffs of liberties, and Escheators, do pay their proffers as they are accustomed infra mensem, and keepe their dayes of prefixion for their Accounts in the Exchequer according as by the Court
they are appointed upon paine and perill that shall fall thereof.
Hee thereupon by his booke called the scroule of accounts made out of the Rolls of profers, and out of any other part of the yearly remembrance, called Dies datus vi∣cecom, et Escaet. ad Computand. post profra every Michelmas Terme, doth call all Sheriffs, Bayliffs, and Escheators of the year last past to account, some Cr. Sc. Michis, some tres septiman Sc. Micahis, some Men∣se Micahis; some Cr. Simon et Jude, some Cr. annimarum, some Cr. Martini, some Octabis Hillarii, some Cr. Hillarii some Quinden. Hillarii, some Cr. Purific. and some Quinden. Pas. as every of these seve∣rall dayes of prefixion of ancient have been set by the Court, and as they thought they should be able to overcome, and finish their Accounts.
He out of the Originall of the Chancery the Roll of proffers, Dies dat. Viceom. & Escaet. the scroule of Accountants, and other Records, both preceding and following thereupon, doth make a yearely Booke called the Roll of Writs, that is a part also of the yearly Remembrance made
in his Office, in which he enrolleth all Bria∣returnabil. de Term. Hillar. Pascae sectae Trinitatis, & sectae Michaelis, every year some from the Originall, some from all the parts of the yearely Remembrance that is made with him, some from the transcript of Offices, yearely streated into his Office out of the Chancery, some from Offices found before the Escheator, Virtute officij, and certified to him from the debts of the Pipe, put in his booke called Nomine Esca∣et. & ceduta Pipae, and some from the streat of Common Pleas, called the Fynes.
He out of the Originall from all Recei∣vers, Bayliffs, Reeves, Collectors, and Beadles Patents of any the Kings Lands or Tenements, doth inroll and write, Venire facias ad computand. or distringas ad red∣dend. compotum, from all grants of Honors, Castles, Lordships, Mannors, Lands, and Tenements granted by the Prince to any for life, in fee simple, fee taile generall or speciall. he doth inroll and write Distrin∣gas ad faciend fidelitatem & ad faciend. ho∣mag. & fidelitatem, or a Writ of Reversi∣on when the taile is spent, and otherwise as the case requireth, from all Denizen∣ships
he maketh a Distring as ad faciend ho∣mag. from all custodies of Lands and Te∣nements, or Farmes, hee doth inroll and write, Distringas ad faciend, fidelitatem, or homag. & fidelitatem, or ad respondend. de velevijs, from all pardons of Outlawries, Attainders, Felonies, Murders, Treasons, Misprisions of Treasons.
He doth inroll and write Distringas ad respondend. de omnieo quod ad Regem perti∣net, &c. velcertiorari quae bona & catalla A. B. habuit, &c. From all licences of a∣lienations, hee doth inroll and write, Di∣stringas ad faciend. fidelitatem, or ad audi∣end & terminand.
He doth inroll and write Writs of Re∣stitution of any Temporalties.
He doth inroll and write, Distringas ad reddend. comp. de exitibus temporal. &c. and Cercioraries, sometimes, Quis rece∣pit exitus et profit. temporal. &c.
He from the sayd Roll of proffers, doth inroll and write against such as pay not their profers, Infra mensem. &c. capias pro contemptu, with a Fierifacias pro proffe∣ra.
Hee from the sayd scroule of Accounts
grounded upon Dies datus aforesayd, eve∣ry Michaelmas Terme against Sheriffs that make default at their days of prefixion, doth make a Record of five pounds for e∣very day of payment, after hee makes de∣fault while four dayes next be past, which is set down in the Pipe to be charged upon them, or is levied upon a Fierifacias ex∣cept the Princes Letter come aforesayd for the discharge of such Amerciament, and then he doth inroll and write out an attach∣ment for his Body, Goods, Chattells, Lands Tenements, while he cometh into account, and putteth in Bayle to end and finish the same, and against all Bayliffs of Liberties that make like default, hee enrolleth and writeth out like Attachment as hee did be∣fore against the Sheriffs.
Hee from Commissions that is a part of the yearly Remembrance layd in his Office, and made by Warrant or commandement of the Court, or upon some other depen∣dency of Record, Ad inquirend. Ad faci∣end. Ad Exequend. Ad perinplend. Ad re∣cipiend. or Ad certificand. doth enroll pro∣cesse and Writs out of the same against the Commissioners thereof, Ad liberand. In∣quisitiones,
ad certificand. ad comput and or alia faciend. as the matter offereth.
He upon the Communia, that is the seve∣rall Records of all the pleas put in every Terme within his Office, and another part of the sayd yearly Remembrance, doth in∣roll processe, and doth write the same a∣gainst the partyes whom they concerne, Adfaciend. sidelitatem homag. & sidelitatem magn. Serjantians, et parvam Serjantians, et ad respondend. &c. as the severall Sta∣tutes and judgements of the same doth re∣quire.
He even so doth inroll processe and writ out of the same from all other parts and ti∣tles of their Remembrance, and from all other Records rising in his Office, are brought into the same of such kind, and ma∣ture, as the matter in them by the course in the Court doth require.
He upon all these processes that do thus issue out of his Office, doth admit every man to plead in discharge of any of them that hath cause, and matter, and by the course of the Court is bound thereunto, but no first Patent of Lands or Tenements, or he that sueth a license of alienation, or
a pardon of Alienation, or Livery speci∣all or generall, or an Ousterlemaine, or after the course of the Chancery, that is streated as afore in the yearely originall is compelled or suffered to plead upon any such first processe inrolled upon the same, and written out by every of them are ad∣mitted to do their fealty, or to pay their fine for a respit of homage, at any Terme they come in after the same sent forth, and so keeping still the payment of the same Fine every fifth Terme, they have pro∣cesse made out against the same Land their fine is made for, but their fifth terme homage written to put them in Remem∣brance of the payment of their fine, while either they be returned dead, or Nihil ha∣bet in the same Land.
He upon all such Returns of Mortuus, or Nihil habet from the Originall, or of like service of Writs from pleas, or any other Record in his Office, doth strait write out the next Term after such Return, a Dic. te∣nents of the same Land, the Tenant is re∣turned Mortuns est, or Nihil habet, &c. for the answering of the which the party that is returned the now tenant of the said
land, must shew he hath therefore a licence of Alienation, or a pardon of Alienation, or a livery generall, or speciall, or an Ou∣sterlemaine, or after the course of the Chancery by which he entred, and he must plead either the same or some generall par∣don that will serve for his discharge, or o∣therwise, with the Nec non ad ostendend. goeth current still every Terme, while hee come in and plead as aforesayd.
He admitteth any such person that hath any such Land whereof the Tenant is retur∣ned Mortuns est, or Nihil habet before the Dic. Tenement. goeth forth thereof, with a Nec non ad ostendend. upon the sayd re∣turn to come into his Office, and inroll there his licence or pardon of Alienation of the same Land, and to shew his convey∣ance thereof, and likewise to enroll his Li∣very speciall & generall, the Ousterlemain, or after the course of the Chancery, and up∣on the same enrollment, and shew he doth admit such person to do his fealty, and to pay his Fine upon a Writ made from the sayd enrollment, and shew of his eviden∣ces to agree therewith, without any man∣ner of pleading, because all such Writs be
like the first writts inrolled from the origi∣nall, and written out as aforesaid against the first tennant onely of the land by good matter of Record.
He upon all pleas put into his Office where the Kings Attorney may make an Averrment contrary to the plea of the par∣tie, and where the partie pleadeth anie for∣raigne matter then is of record in that Court, and allowed of, or would discharge any Claim, title, or Interest of the King by the same plea, save in the said ordinarie Writts for fealtie and Homage sealtie, and such like, doth by himselfe or some Clerk of his, make the Kings Attorney ever privy to all such pleas, their replicati∣ons, and rejoynders, who doth respect them and consider them, and at length either doth confesse them, or referreth them, or giveth his Warrant out under his hand to have them tryed in the Countrie at the Assizes of Nisi prius.
He according to the Ancient order of the Court, upon all other ordinarie Pleas exa∣mined by him with one of the Clerks of his office concerning Writts of service, and such like, doth enter Judgment alone with∣out
making the kings Attorney or the Court privie thereto, which ever in this wise were dispatched as agreeable to the Presi∣dent of the Court.
He either upon the first writ from the originall. or upon the writts written from the said Pleas, or upon distresses from the Streat of the fines of the Commission pleas, or from writts upon such like records in his office, doth set over persons fines for respit of Homage payable every fifth Terme according to a rate given him by the Court at his first comeing into his office where∣of a record was then made, and is as fol∣loweth.
And noe such fines are set higher but upon Noblemen which according to the greatness, or meanesse of their lands, are set some at thirteen shillings fourpence some at twentie shillings some twentiesix shil∣lings eight pence some at thirtie shillings and some at forte shillings, to be payed every fifth Terme, and none above, nor so high but for Dukes.
He hath set downe in his Book called nomina Vic. by the Clerk of the Pipe every yeare, the debts of all Sheriffs, Bay∣liffs of liberties, and men of certain Towns that are found, and cast upon their accounts entred in the Pipe, and in another of his Bookes called Nomina Ecaetor, he hath every yeare the like debts of Escheators set
downe by the same Clerk of the Pipe; for all the which, he maketh Attachment and other ordinarie processe of the Court for the levying of the same, as the case doth re∣quire.
He hath in a third Book in his Office called Schedula Pipe, All debts set downe by the Clark of the Pipe, of such persons as up∣on the opposalls of the Sherift of their summons, be said by them to be dead, to the end he should make a Diem clausit Ex∣tremum, after the death of such debtors to the Sherift, which is the award of the Court, and of purpose to enquire what day and yeare they died, and what goods and Chat∣tells, and of what value they had at the day of their death, and to whose hands the same came, and now be, and to seize the same in whose hands soever they be, and to leavy the same debt, and have them before the Barons such a day.
And if their goods and Chattells be not sufficient to pay the said debt then to en∣quire what lands and Tenements, and to what yearely value they had at the day of their deaths, or when they became debtors, or ever since, and to whose hands and pos∣session
the same came after their decease and in whose hands they now be, and the same to seize in whose hands soever they be and keepe safe, and to Answere the issues and profits thereof untill the said debt be fully satisfied and payed, or that he other∣wise is Commanded, and to distraine all the Executors of the Testament of the said debtors, as Administrators of the goods and Chattells that were his, and also the heires, and Ter Tenants of the same debtors, if they have not Executors to Answere the same debt, and all to the intent the same might this way be payed that could not by the summons of the Pipe be so levied. And likewise he hath put in his said Booke of Schedula Pipe, by the Clerk of the Pipe, other great and speciall debts that the Court will have spedeier and sharper process made for them by the said summons, to the intent the Debtors should be either quick∣ly Attached and brought into the Court, or the money payed and Answered to the Sheriffs, or into the Reccit, as should best fall out for the ease and dispatch of the debtors.
He taketh into his Office, all Streats of
Fines, issues, and Amerciaments, sent into the Court from the Kings Bench, the com∣mon pleas, the Justices of Assize, and all Justices of the Peace, through England, which are by him delivered over by the Rolls of streats into his Office to the Clark of the Streats to write out, who sets his hand thereto for the Receipt of the same.
He taketh on his side also (as the Kings Remembrancer doth afore) all Sheriffs for raigne accounts, Bayliffs accounts, Es∣cheators accounts, Customers accounts, Collectors accounts, of Subsidies and fif∣teens, and the Cofferers accounts (as before is declared) in the point amongst the matters of the Kings Remembrancers side.
He ruleth the ordinary petitions that a∣ny of the sayd Accountants do make or pray upon their sayd accounts to be allow∣ed them without the privity of the Court, being matter of Record and President in Court for the discharge of the same, and o∣ther their new and first petitions, are al∣lowed from time to time by the Judgement of the Court, and so he ruleth them under his hand accordingly, and there entred ei∣ther
in the Venos or the postscript of the yeares, wherein they should lye, that be part of the Remembrance for that year.
Hee by the Lord Treasurers Warrant, the Chancellors Warrant, the Vice-Trea∣surers Warrant, the Lord chiefe Barons Warrant, the Kings Attorneyes Warrant, out of the Court, and in the Court by the Order of the Barons, doth make all manner of processe, Writs, Commissions, and In∣junctions for matters on his side, and ma∣keth stayes, and Supersede as of them, as he is by them willed and commanded.
He writeth once a year the issues of his Office returned by the Sheriff every Term, and last upon all manner of distresses in the same, which being bound up and exami∣ned by the Clerks of his Office, are deli∣vered over by the Roll of Estreates to the Clerke of streats to write out, who setteth his hand to the sayd Roll for recei∣ving of the same.
Hee layeth every Lent yearly a Remem∣brance of the 5 year before, & dothregister & make up cleere all the Records of the same, or discontinueth them that cannot be made perfect, and inrolleth processe a∣new
of those matters, and so receiveth the same by new writing them out againe. In which time also of Lent, he entreth also eve∣ry Writ in that Roll of Writs of that yeares Remembrance that is Law, and all the Ho∣mage Writs of the same, and likewise all the fylances of his Office of every Terme since that Remembrance, then he doth lay to see if they all be still currant in course and every Term as they ought to be, and such as are found wanting by falling off, or otherwise, are then new enrolled in the Roll of Writs, of that year, and so are re∣ceived and set current anew, that the least Writ of his Office, whereby the King is to have any right or profit is not suffered to be lost, nor yet left to be uncurrent.
He hath other speciall Anthorityes, As∣signments, and matters appointed to his Office by the Articles of the uniting of the late Court of augmentations to the Exche∣quer, which are referred thither for breif∣nesse, and for more certainty at large of the same.
HE, if the Sheriffs do account by im∣provement, and have no tally of Re∣ward after the Secondary hath cast up eve∣ry Sheriffs first summ, doth examine it; and seeth that the same be made only of Sheriffs vicommells, upon which hee giveth him allowance, first of his profers payed by tally, and then of all such allow∣ances, as are given him by Act of Parlia∣ment. Then after his said Secondary hath made up the Sheriffs second summ upon his De debitis plurimum, which be his Tots and upon his De pluribus debit is charge which be his greene Wax, and his whole as before, or so many of them as he is charged with, hee causeth the Sheriffs forraigne accounts to be cast up, and char∣geth first to the same second summ, the old seizures thereof, which be Lands and Tene∣ments seized before by his predecessors, upon the processe of the Court, and then chargeth the Sheriffs own seizures to the same, which be of lands & Tenements seiz∣ed
in his own time by Process of the Court, & so addeth to these such Fellons goods as he hath seized himselfe, After which things done, he giveth him allowance of all his payments, deductions, annuall Charges, and soe bringeth the Quietus est: And if the Sheriff do not account by Improvement but hath a Tally of reward, then the said Secundary doth make up but one summe to such Sheriff of his whole Charge afore∣said.
HE conveyeth yearly into the great Roll breifly, the Escheators accounts of e∣very Sheire into the pipe of the same Shire where he is Escheator, he entreth the same and maketh his allowance both of his prof∣fers and of all his petitions he maketh in the Treasurors Remembrancers office, in discharge of his debt, and soe is the Es∣cheator brought downe also to Quietus est.
HE doth every Lent make up a great Roll of all the said accounts, as the Kings and Treasurors Remembrancers doe lay every lent a Remembrance in either of their Offices, and such debts and Remains as be not, or cannot be made quit and cleare in the said great Roll made up every Lent, are Conveyed into the Pipe of the great Roll that should be made up for the year following.
HE hath for all the Customers accounts yearly a Book called the Customers Roll into which every Customers Charge and Allowance is Conveyed yearely and the debts and the remaines in them are from thence conveyed over from time to time in the great Roll, and are summo∣ned out, or Written for the processe from Schedula Pipa, where they are en∣tred
also to be the ground of the Treasu∣rors Remembrancer to make the processe by.
HE hath even so speciall Rolls for all such Subsidies and Fifteenes granted to the Prince by act of Parliament, called the Subsidie Roll of the Clergie, and the Sub∣sidie Roll of the Laity, and the Roll of Fifteens of such a king, or of two or three Kings together as it falleth out, or may be continued, Into which he entreth the seve∣rall accounts of the severall Collectors, and of such debts as remaine unpayed upon anie of them, are conveied likewise into the great Roll, most meete for the same to be Charged in, and so are summoned out also, or written for by processe from Schedula Pipe, by the Treasurors Remembrancer as aforesaid.
HE hath likewise a speciall Roll for the Wardrobe and Coffers accounts to∣gether called Magna Guardrobe Roll, and the cofferers Roll, into which their accounts are ingrossed, and the debts in the same are Conveied over as afore into the great Roll, save that the Cofferers yearly Remaine standeth still into his next years accounts do passe to be examined and Charged, and so is still on from yeare to yeare.
HE is an Officer that maketh a yearly ac∣count in his Office of all the Ancient Revenues in the Exchequer that was there before the uniting of the late Court of aug∣mentations and the first fruit and Tenthes to the same.
He putteth in Charge yearly into his Book called the great Roll, all Sheriffs ac∣counts Escheators accounts, Bayliffs ac∣counts, and men of certaine Townes ac∣counts that are called to account by the Treasurors Remembrancer.
He maketh therein the Charge of the said accounts for the Counties, Cities, and Townes of the Realme, as they be and lie in the order of letters by the Alphabet, end so the first Pipe thereof beginneth with the Charge of the Sheriffs of Bedford, and Buckingham, and Townes as it falleth out by order of the let∣ter.
He maketh the first Charge of every Sheriffe to be his vicommells, which be un∣der the second titles Post tras dat. et Pro∣fic: comitat: as they call them. The first whereof seemeth to be lands and Tenements in the Conquerors hands after he had given away asmuch as pleased him at his Entrie. The second seemes to be those lands, tene∣ments, Rents, services, and profitts which came to the Crowne afterwards by Attain∣ders, Forfeitures, and seizures, most of which where they be are not known to the Sheriffs
of the Realme, but yet many of them are gathered up in rents by their Bayliffs, as knowne to them by tradition and succession and so are either payed or made up by them to so much as he is charged with yearly in the Pipe.
HE after this, doth Charge him with the Fee farme Rents and services of the shire, but are reserved there, and drawne downe into the great Roll out of the yearly originall of the Chancerie streated as afore into the Treasurors Remembrancers office, which Clerk of the Pipes Secondarie is bound from time to time, and from Roll to Roll to peruse, and finding in the same any yearly Revenue, Reservation, profit, Remainder or Revertions reserved to the Crowne, he draweth them downe into the great Roll, and maketh Charge thereof in the Shire where they be, so as ever after where they be payable, they be yearly sum∣moned
out before by the Controller of the Pipe to the Sheriff of that Countie. And all the said Remaines and Reversions, are conveyed into the Roll of the Reversions, that is another Book in the Pipe, and made from time to time, that when any of them do revert a gain into the Crowne, are to be put into Schedula Pi. that is mentioned, before the Treasurors Remembrancer make out the Writ of Reversion to enquire thereof; and to seize the same.
HE maketh oblata the next title of the Charge of the Sheriff, with the old debts brought as it were together from precedent yeares, and be written from other Rolls to the Sheriffs of that yeare, and after that title, he setteth to his Charge Nova oblata, which be as it were new debts brought together, and drawne downe from Customers accounts, or Escheators accounts, or recovered and set downe from some one of the Remem∣brancers
sides, or other Records or grounds of the Court, and have their names belike of Oblata upon the same that are so brought together.
He after the forraine Opposer hath made up the scroule, and summe of the greene wax of every Sheriff in the severall titles the same doth arise, and it is delivered into the Pipe, doth make up the next Charge of the Sheriff Viridi Cera, which riseth out of the streats of the Fines, issues, and Amer∣ciaments that came from the Kings Bench, the Common pleas, the Justice of the Peace, the King, or Treasurors Remembrancers side.
He straight after this, doth Charge every Sheriff with his Casualties, which are all manner of Debts of Casualties, and Releifes, Fines, Amerciaments upon the Sheriffs, debts recovered and such like as are drawne downe either from anie Record of anie of the Remembrancers of the Eschequer, or from anie other ground, matter or seizure of the Court, and be so brought toge∣ther.
And the Sheriff Answereth as he hath Cause to every summe, viz. such a summe
within liberties, and sheweth whose they be Then the forraine Opposer setteth against that summe, the name of the Owner of the liberties, and if he have the same in Claime by Ancient President either knowne or cer∣tified to the sorraine Opposor out of the Pipe, he giveth the Bayliffs of the liberties allowance thereof, and maketh Clamen in the margent in the originall Record against the summe, otherwise he maketh speciall tot. against the same summe thus: or or: in which pricks, and by which pricks of use, he knoweth whose liberties the same pricks do meane, Then the Sheriff going on, and saying to another sum tot. the forraine Opposor marketh it in the margent in the originall thus without pricks, and so that is a Charge to the Sheriff onely And after the Sheriff saying to another Summa nihil, the forraine opposor doth marke also against the Summa in the Margent in Rottulo. 21, or 13 as the Streate is of the yeare of the King Whereof the opposall is. and he goeth through that originall record, his whole libertie of the rest of the Sheriffs greene wax streated unto him, and marketh every summe in such wise as before.
He afterwards maketh the Sheriffs scronle in parchment of all the totalls, with pricks, & casteth up the severall totall sums if they be in severali natures, & where any Δ' with pricks is wthin any such totall sums, as for example, A. B. Vicecom. pred. oneratur minit. exitus twenty pounds to pull off the 'Δ, with pricks from the Sheriff, he saith immediately after, that totall Summa C. qui∣bus C. D. ball. libertat. C. F. venit per G. H. Attorn. suum et V. inde 51. et sic debit, fifteen pounds, and so every Bayliff from the said scroule is charged in the great Roll, with the 'Δ, with pricks where it concerns, and the other without pricks is charged in the same Roll to the Sheriff himselfe on∣ly.
He saith that he leaveth the Nihils that be marked in the Margent of the Originall Record in Rotulo 12. or 13. as aforesayd, for the Clarke of the Nihils to write out by his sayd markes in R when they be delivered againe into the Clerke of the Streats Office.
He alloweth to the Sheriffs the Justices of Peace wages of his Shire out of the Fines and Forfeitures before the Justices of the
peace thereof if the Streat will bear them, layed out before the Sheriffs for the Justi∣ces wages, according to the Statute, of the which allowance, and of the particular names of the Justices, the sayd forraigne opposer doth deliver a Roll into the Pipe for the Clarke of the Pipes Warrant to al∣low the same wages to the Sheriff.
IS the Officer that receiveth yearely out of the Treasurers Remembrancers Office, all the Streats of the Kings Bench, the Common pleas, the Justices of Assize, the Justices of the Peace, the Kings Remem∣brancers side, his hand from time to time made in the sayd Roll of the Streats, there restifying the receiving of the same.
He writeh out yearly all the sayd Streats to every Sheriff of England, as they in e∣very shire at the two Liberates of the Ex∣chequer, that be every Hillary Terme and Trinity Term, for to levy and to answer all the summs of the same.
Hee maketh Schedules in parchment un∣der
his hand agreeable with his Streats, sent out as before with the summs of the same truly totalled, when any Sheriff will make petition to be discharged of any sum in the same by good matter offered.
BE they that take the old great accounts of the Exchequer, as Ireland, Barwick, the Mynt, the Loan, the Wars, the Ships, the Provisions, the Hamper, the Ordnance the Clerk of the Works, and such like re∣membred before, who now declared the same before the Lord Treasurer, the Chan∣cellor and under Treasurer only, and be ne∣ver entred in the Court of Exchequer, nor examined nor written upon there as they had wont to be.
That upon many years so moving out, and writing processe forth, sound meerly desperate and illeviable upon the parties, that owe them, either alive or being dead, upon their heirs, Executors, Administrators, their Goods, Chattells, Lands, Tenements or Ter Tenants, which desperate debts of
theirs that be alive, be by and by conveyed back again into the great Roll, and summo∣ned out of the Chancery, afterwards to be sufficient to answer either the whole, or some part of the debt.
They have other speciall Authorityes, Assigments, and matters appointed to this Office, by the Articles of the uniting of the late Court of Augmentations to the Ex∣chequer, which are referred thither for breifnesse, and for more certainty at large of the same.
HAth his Office wholy established by Articles of the unyting of the late Court of the fist Fruits and Tenths, unto the Exchequer, and by a late decree of our Court, concerning the altering thereof from the first erection, which for breifne•…•… here are referred over to the same.
IS an Office that was first devised to keep a Controll of the Pipe, that should write and keep every year a like great Roll in e∣very matter of charge and discharge, as the Clark of the pipe doth, and should lay every Lent such a one, as well as he, but (as I learn) no such Roll hath been made up by him for many years, and yet (as I hear) he writeth yearly now all the pipes of the great Roll, the Clerk of the Pipe doth keep, but he doth not yearly make them up into a great Roll.
He only writeth out twice a year the two summons of every shire of the Realm viz. his first sumuons every Hillary term, where in he writeth only the Sheriffs Vicondeles, his fee farmes, and sometimes his Oblata, and likewise the second summons every Trinity Terme, wherein hee writeth his Nova oblata, and casualties, and so up∣on the opposalls of every Sheriff, he may if
he list see how every of them do O. Ni. or rot. every Terme of the same.
IS the Officer in whose Office, all the Offi∣ces in the Court of the Exchequer, their Clerks and servants, all the Kings Majesties Tenants and Farmers of any of his Lands, and Tenements, and all manner of accoun∣tants of the Court of the Exchequer, du∣ring the time of their bar, so should be sued in, or may implead another, or any stran∣ger in any Action upon the case, or of tres∣pass, debt, De Ejectione firmoe, of Detinue, or such like, as are sued in the Kings Bench,
He hath every suit prosecuted in his Of∣fice between party and party, that is re∣moved out of any Court at Westminster by the red book, or out of any Court of Re∣cord elsewhere in England, by any Writ of proviledge for any of the said persons that are priviledged as before to sue and to be sued only there in the said actions and no where else, if they will in time claim and sue their priviledge.
He in his Office bringeth all matters to an end, and either upon Nihil dicit or by Demurrers argued, or by verdict tryed in Court or by Nisi prius at the Gaild Hall in London, or at the Assizes in the County be∣fore the Justices of Assize, and so by the Judgment given upon every of the same, whereupon the party with whom Judge∣ment is given for his Execution, hath a∣gainst the party condemned a Capias, an Alias, or Plures, and Fieri facias.
IS an Officer to whom all sheriffs after they are apposed of their summes out of the Pipe, do repair to be apposed by him of their green wax, who appointeth them a day certein for the same, and so the sheriff payes for the Clark of the streats against that day to bring to Westminster, the Ori∣ginall Bookes and Records of their greene Wax.
He at the day of the sayd apposall ap∣pointed, taketh the sheriffs streats, and cau∣seth his Clark to look upon it, and he him∣self
readeth the Origin all Record, and ap∣poseth the Sheriff, what he saith to every summ therein, and the Clark seeth the she∣riffs streats, if the Originall do agree with the Wax.
HE is made privy to all the Answers put in upon the sayd nformations, and ei∣ther demurreth thereupon, or replyeth as he will, to bring the matter to an issue, and at his pleasure to the King, all advantages of pleading, given to his highness by the Defendant, and sometimes presseth the Court to hold and keep still the same, and otherwise he yeildeth and suffereth the par∣ty to amend his plea, answer, and Rejoyn∣der, and so proceedeth to the joyning of an issue.
He is made privy to all Replications drawn from the Kings side, and altereth and amendeth the same after his own liking and so is he likewise to the partyes Rejoyn∣der
against the King, and either confesseth the plea, or the party Defendant, upon the same, either suffereth it to come to a try∣all by Jury at the Bar, or by Nisi prius in London, or in the County where the mat∣ter lyeth, and so come all matters of plea to judgment, and an end, either upon the Kings Attorneyes confession, or by tryall of Verdict, or by Demurrer, or by Judge∣ment of the Court alone, or upon a Nihil dicit by the Kings Attorney.
He in some cases will not confess the plea for the party rising upon the processe of the Court, though it were reasonable he should without the Kings Majesties War∣rant, as when the party should have his Right by way of Petition to the Prince, or that there is some Colour for him though not evident Right to stand against the par∣ty for the Prince, and so refers him to the Court.
He maintaineth his Informations, Re∣plications, the Kings Right and process of the Court, against all Counsellors, sollici∣tors and Witnesses at the Bar, both in the Court, and in the Exchequer Chamber for the party, and upon the opening and a∣vowing
of the Law, he either offereth the Defendant an issue, or to demur in Law with him upon the point, and so prayeth the Court he may do, and that the party may be inforced according to the Law to joyn issue, or demur in Law with the De∣fendant as he thinketh will serve best for the Kings Title.
He oftentimes, when the issue upon the Plea comes to tryall by the Jury, and that they are suspected, or seem laboured doth sometimes by exception quash the whole Jury, or so many of them as the matter cannot proceed to tryall, and sometimes fearing the partiality of the whole pannell and suborned Witnesses, he bringeth the matter to a Demurrer in Law upon the opening of the Evidence, and so saveth the Kings case politickly.
He deviseth all the Assurances the Kings Majesty hath of any Lands and Tenements either sold to his Highness for any debt, or assured unto his Majesty for any debt to be payd at dayes, or else to be forfeited, which Indentures, Deeds, Fines, Recoveries, and other such Writings, he delivereth now into the Kings Remembrancers Office that
were wont to be kept in the Treasury to be put in charge before the Auditors of the Counties, where the same Lands and Tenements do lye according to the assu∣rance.
He suffereth sometimes the Informers upon popular Actions, to put in their In∣formation in their own name, when it is better the party Defendant be so prosecu∣ted, or that he is of some fort an acquain∣tance, and so more meet that way to be sued.
He commandeth all the Remembrancers that there be no proceedings in certain matters depending in their Office, when he thinketh it best for the King, and Copies and Books to be made thereof, both for the judges, the Barons, and the Kings learned Counsell, as the case shall fall out.
He suffereth sometimes the Demurrers for the King to be argued, by other lear∣ned Counsell, then the King retains by the party that followeth the Kings suit or his Tenant, or for his commodity, or for some other respect,
He suffereth so the partyes sometimes that folow the suite for the King, to bring
other Counsell to the Bar then the Kings, to open, plead, and defend the Kings Ti∣tle when he is in Court, and guideth them for the King.
He maketh Warrants to all the Remem∣brancers to make all manner of Commissi∣ons, Processe, writs and Injunctions, as the Lord Treasurer, the Chancellor, the Vice-Treasurer, and the Lord Cheife Baron doth.
He, when he understandeth, or is com∣plained unto, that any stay, lingring, or Supersedeas is of any processe or execution for the King, doth call straight upon the Officers where it lyeth, and asketh why such a processe or matter stayeth, and be∣ing informed of the cause, and it is by the Lord Treasurers, Master Chancellor, Vice-Treasurer, or the Courts order, he saith, stay them for a time, and I will move in it, but otherwise the matter proceedeth by his order with all expedition.
He very seldom, or never of himself stay∣eth any process matter or cause of the King but being moved there of by the cheif Offi∣cers of the Court, he will seem for a time content, and leaveth the same to their or∣der,
yet he is content to give all suitors dayes to appear to shew their Rights, and bring in their Answers, Rejoynders, Wri∣tings, Evidences, and Patents.
He with the Lord cheife Baron and the Court Pro misis parcandis, doth set Fines for Compositions upon any Information depending in the Court by any speciall Statute, and thereupon the partie defen∣dant is discharged, and the record made up to shew how he hath Compounded, And so is drawne and set downe from the Roll of the Kings Remembrancers side and is charged and discharged in the Pipe as is a∣foresaid.
He certifieth into the Clerke of the Streate office yearly in the Exchequer, all the Kings moities recovered, and fines for Impositions made in the Kings Bench upon all penall summes or penall Statutes, and pay the same yearly into the Receipt by taile, and being set downe into the Pipe by the Clerke of the Streate, he hath his Quiet us est, for the same
SItteth next to the Kings Attorney in place, & sometimes Answereth the Barr, or the Court on the Kings behalfe, both in the absence of the Kings Attorney, and when he is present, but otherwise he med∣leth not any way with the Kings Attorneys office.
He ceusidereth with the Kings Attor∣ney all the Kings Majesties hard and doubtfull cases depending in Court, and sheweth his opinion of the same both in Court and out of Court in the Exchequer Chamber.
He waiteth on the Judges to know when they shall be able to Attend the Kings Causes that he and the Kings Attorney hath for matters depending in the Exche∣quer to informe them of, and both giveth every of them the case, and the Copies of all Books and Presideats concerning the same.
He argueth before the Kings Attorney all the Demurres that be in the Court for
the King, and sometimes alone without the Attorney with other learned Coun∣cell out of the Kings fee, that are retian∣ed with him on the Kings side by the partie that followeth the suite for the King.
BE they, That before the late united Courts to the Exchequer, did take and make all the accounts of the Ancient Re∣venue there, and now they take also the accounts of the receivers of the late Aug∣mentation Revenue, as was allotted to every of them at the first coming thereof into one Court, and of the Ministers of the same.
They never take accounts of any Sheriff, Escheator, customer, Collector of Subsidies, or Fifteens, or the cofferers accounts, but by Assignement in open Court by the Mar∣shall, and so entred in his Book, to the in∣tent no accomptant shall seeke an Auditor of his Choice.
They waite on some of the three youn∣ger Barons with every such account when it is ingrossed who examineth the particu∣lars, and the totalls of the same, and seeth if then the same account be straight and true, and then it is set upon the head of such Account examined, to know by whom it passed thus, or as it falleth out in∣deed.
AND so it is deliveered by the Baron or Anditor first into the Kings Remem∣brancers Office, and so from time to time to the Lord Treasurors Remembrancers Office and so from him to the Clerke of the Pipes Office to be entred as aforesaid in the Roll as it should be after his nature as afore∣said.
They cast out all Sheriffs in open Court, viz. two or three of them lay the summes and charge of their accounts as they be read to them in open Court by the Clerke
of the Pipe, and then they allow out of the same, their Annuall Deductions, and such petitions as they make and be, read them in summes in open Court, and so try them either Aeque, or surplusage, and if both or all the Auditors casting doe agree, then be the Sheriffs delive∣red out of the Court by Proclamation of some one of the Ushers.
They ride every Michaelmas Terme to their Audite, kept at the Kings Court in every shire as they are allotted especially unto them, where they take the Ministers accounts of the late Augumentation Reve∣nue, at places certaine appointed before by their precept, and sent out to the Bayliffs, Reeves, Collectors &c. and there by order from my Lord Treasuror, Master Chancel∣lour, and the Vice-treasuror, they have Authoritie to give certaine Allowances of reparations not exceeding the summe of where the kings is no bound thereunto and to do the ordinary things of their Audit.
They make a breife declaration of every of their Receivers accounts every Lent be∣fore my Lord Treasuror, master Chancel∣lour,
and Vice-treasuror, and shew their last yeares Arrerages, and what every of them have payed in liverie money as in debt upon the same. He is then ordered to pay into the Receipt according to the Sta∣tute upon the determination of his ac∣counts, or is respited by the said cheife, Officers, as they see cause for the same.
BE onely of the late Augumentation Re∣venue united of late unto the Exche∣quer who receive by Statute of all tene∣ments the Rents reserved upon any the said late lands and likewise the Rents of the Farmers and all such moneys as the Collec∣tors, Recyes, Bayliffs, Ministers of the said Revenue, do gather up within their Sche∣dule receits as either payable halfe yearly or found due upon account.
They pay all Pentions within every of their receits, and are bound to pay all their money found due upon the determination of their accounts according to the Statutes in that hehalfe made, or they forefeit their
office, and they and their Sureties are ex∣tended besides.
BE onely of the said Augmentation Re∣venues and now are commonly put in∣to Commission for the king that go into these Shires where their Offices do lie, and besides, are ordinarily appointed (if they have any skill) to survey such Mannors lands, and Tenements, as the Court hath occasion, and doth think meete from time to time for any cause to be survey∣ed.
ALL those that are conmmonly retain∣ed by the parties in all suits and mat∣ters of the Office to appeare and Answer
the Court for them and to follow all things in Court belonging thereto, but yet in such order, that according to their Oath they do nothing uncomely, or secretly, in perjudice of the kings Majesties right, and title, but that which is orderly, usuall, and justifiable in open Court, and besides every of them doth from time to time that which belongeth to his place and senioritie in the Office aforesaid.
HAve assigned unto them and every of them speciall, certaine Shires of the Realme by the order of their Office, accor∣ding to every of their Seniorities, to the which every of them are toward, and like∣wise to all the Accomptants of their owne Shires, and to every matter in the same, whereby one of them medleth not with a∣nothers Shires but every one of them are retained for the Clyents discharge and to bring every of them his Quietus est, but
yet as he doth nothing uncomely or un∣truly to hinder the Kings right, and then besides, every of them doth in the Office what to his place Anciently apper∣taineth.
BE they that be retained betweene partie and partie in all suits commenced or de∣pending there, who are in all orderly wise to follow their Clyents Causes, and to make their Pleas, Answers, Replications, and Re∣joynders upon the same for learned Coun∣cell to Consider, and to do nothing therein but what is lawfull, comely and usuall in the Court, and every of them doth besides that as belongeth to their place in the same Office.
BE the second Deputies of the Chamber∣laines for that purpose, and are sworne at their Admittance to serve truly, who from time to time receive out of the receit the Foiles of all Tallies stricken there for any manner of person, and file them straight upon a string, which so filed, are kept under both their keys in their Chests, and when anie man bringeth any stock of those to be joyned that must be first done, ere they can be allowed in the Pipe.
The said two Joyners seek straight out the file of the same where it is filed, and taking it off, do see if the stock and the file do agree in hand, letter, and joyning, and be without suspition, and then do they prick them both usually with such markes with their marking Iron, as usually sheweth the stock to be joyned then with the same tal∣lie, and the day of the joyning thereof is entred in a Book with the letter and summe thereof, and afterwards that tallie ie filed a∣new in the Terme, that it is joyned and so
kept, And then one of the said two Joyners delivereth over the stock that is joyned in∣to the Office of the Pipe, and that partie never handleth it after, and so it cometh to allowance.
BE the Officers that gather out, and make the parcells of all the Escheators ac∣counts and be appointed to receive under their hands out of the Treasurors Remem∣brancers office sett downe in the Roll of Streats there, all Transcripts of Offices sent yearly thither out of the Chancerie that be found by anie Escheator through the Realme,
Then they are to make the parcells of any Escheators accounts in any shire, they do call for the precedent account of the Escheator that was the yeare before of that Shire, out of which they gather first the parcells Veterum Escaetorum, that were in the said last yeares account, and continued still undischarged, and set them downe in long Rolls of parchment of fullness of letter,
yearly value, tenure, and state, as they be in the precedent account, and came from the Office out of which they were drawne first, then they gather the parcells of the new Escheators owne Offices he found in his time, and set them downe in the same Roll in like fullnesse of letter, yearly va∣ue, tenure, and State, as they appeare in the same offices, which roll is incituled thus, Particular account A. B. Escaetor Com. Canc. & Middlesex &c. from such a day &c. And then in the margent of the Roll where the parcells do begin, there is Veterum Escaetorum, and so be these par∣cells still Conveied downe, and being ended, then is sett in the margent of the Roll a∣gaine Nova Escaet. against the first parcell, beginning with, going downe, and ended, there is sett in the margent of the same roll, Ter. & tenem. & catal. attinct. utlegat. fe∣lon. & fugitivors. whereof the parcells be conveied if there be any, but commonly is set against that title eleven pound and they be Veter. Escaet. & nova Escaet: totalled up by themselves by the parcell-makers, which be the whole Charge of the Es∣cheator, And they delivered those par∣cells
so summed up to the Auditor to whome such Escheator is assigned, and by the Marshall; and he Verbatim, accordingly doth ingrosse up his account, which passeth further on in the Court, as before is decla∣red.
IS the Officer that repaireth to the Clerk of the Estreate every year, and seeth what Nihills be marked in Rottulo, in the whole Liberate, of the greene wax sent out that year, which Nihills be issues, that the Sheriff that is apposed doth say be nothing worth, and illeviable for the insufficiencie of the parties that should pay them, where∣upon the Clerk of the Nihills doth write them out in a roll of parchment, and setteth them in the Court where they lie and under the titles of those Streats from whence they come, and where they are marked as afore in Rottulo, which Roll he delivereth into the Treasurors Remembrancers office, and
upon the same there be so many Fieri fac: inrolled against such Sheriffs as have their issues marked in Rottulo, and Nihills which they returned, to know why they should not Answer the kings Majesties the same Nihills which they did returne for good issues, and leviable upon the parties on whose head they were set, which Sheriffs so summoned, must either come in and justifie them leviable, and prove them, and then he that Nihill'd them, or else the Sheriff that cannot so justifie them, must pay the same himselfe, whereby it appear∣eth, the Court and lawe provideth, that the Kings Majestie shall loose nothing that he hath right to.
IS the Officer that keepeth the Seale of the Court all terme time under every Chanceller, and is bound to Attend and seale all processe, Commissions, Injunctions, Exemplifications, and writts whatsoever,
that be brought to him in Court, 'or out of Court, from any of the Officers that have Authoritie to make the same (except he have contrary Commandement, or his masters, or some of the cheife Officers of the Court do make stay sometimes of some of them for some speciall matter thought meete and expedient) who in many cases hath Fees for sundrie of them whem they be sealed for the partie, and not for the King, but upon allowance at the libe∣rate.
IS he that by inheritance hath the keeping of the Court, the Exchequer Chamber, and the howse with all the Appertenance where the Court dines, when they sit about the Kings businesse, who maketh provision for all the necessaries both of the Exche∣quer and of the receit, and hath allowance at every liberate thereof againe, and seeth to all places of the Court, that all doores, chests, Records, and things be in safty from fire, water, or spoile, and giveth knowledge
of them accordingly, and as it needs, and hath the oversight of the residue of the Ush∣ers, and the six ordinary Messengers of the Court, that they deliver truly from time to time to the Sheriffs and all others the Kings processe; and bring the Sheriffs Bil∣ls subscribed from time to time for the re∣ceit of the same, which he doth exammine by his Book that he keepeth of the libe∣rate of all the Kings processe every terme, wherein is set and totalled up the num∣ber of writts and processe that goeth out every terme, and to what Sheriff they be sent, and out of what Office in the Court.
IS an Officer to whome the Court Com∣mits sometime the Custodie of such a one as they will not for the time send to the Fleete and yet is thought meete in that wise for some Cause to be Com∣mitted.
He assigneth in open Court, all Sheriffs, Escheators, Customers, Collectors of Sub∣sidies
and Fifteens, and such like Accoun∣tants when they have taken their oath to the Auditor, before whom every of them shall account, whereof he keepeth an or∣dinary book, and deviseth so by the Court that the Accountants should never choose his own Auditor, to practise or help him∣self by it.
He receiveth all Offices that Escheators do find (Virtute Officij) and delivereth them in Court whereof he should keep a Book, and so deliver the Originall into the Treasurers Remembrancers Office to be delivered by the Roll of Streats, there to the parcell makers to charge the same in such Escheators parcells when he cometh in to account.
BE such as with their stick, attend upon the cheif Officers and Barons of the Court, at their coming to, or their going from Westminster, and call all Juries, and all persons appointed them in open Court, and fetch them; they are appointed out of
Court, and use to make in open Court, all noises, silence, and proclamations, calling of witnesses, returns, and of all cacountants, both at and after their dayes of prefixion, and times appointed them by Law, and the course of the Court, and to do all other things that are commanded.
BE cercain Officers of late made first by Sir John Bacon, when he was Under-Treasurer, without see of the Prince, and they praise all Wares and Merchandize, that information is put against in the Ex∣chequer, as seiled here in the Port of Lon∣don, or in any other Ports of the Realme, as Custome and Subsidie thereof not payd, which Praisors of old time were chosen here of Merchants of the City, as it fel out, and as they were taken up by the She∣riff to prize the said Wares, whereof they had skill, and now by the use of time, the sayd standing Praysors, that are appointed by the Vice Treasurer to be certain, have a certain small fee a peice, of and upon every appraisement.
ARe Officers of the Receit, that receive to the Kings Majesties use, all monyes payd in there, and do make new dated parchment bills, under their hands with such Counties names, letters, words, and summ in the same Bills, as serves briefly to make it to appear for what cause, and by whom, every such sum of mony to them is payd, and many yeares since they were in the Receit, Ponderatores, and Fusores, at which time it seemeth the mony was so wel kept, that the tale fell out even with the waights, and Fusores were then melters of the mony, to make assay of it into the Bal∣lance, that it might be weighed.
These now deliver their parchment Bills to the party that payeth the mony, but cast the same down out of the Office by a hole made for that purpose, upon the Boord of the Receipt, whither the party repaireth, and prayeth a Tally to be stricken for him
according to his Bill cast down, which Bills heretofore were oftentimes carried away by the parties that thought the same only a sufficient discharge for their mony, and were yet afterwards much vexed for the same with process.
They may receive all mens mony that are to pay any into the Receit, save the generall Receivers, and the Bishops Colle∣ctors mony, who are assigned to each of them specially by name, that their pay∣ments and arrerages may even appear at the eye, because they use much to be be∣hind hand, and are for the Non-payments to be charged by the Statute. They can∣not now pay any mony for fees, or upon any privy seal or Warrant, without a De∣benter first sent from the Auditor of the Receipt, whereby is known still most cer∣tainly what mony is payd, and what re∣mains in every of their hands from time to time.
They keep every of them a rough booke of every days receipts, as they fall out in e∣very kind of payment made unto them, and they title their sayd bookes into half years receits, as thus, Michaelmas receit to Ea∣ster,
and Pasch. Receipt, for all monies Payd from Easter to Michaelmas, and their weekly Certificates by the same to the Lord Treasurer and others, as they are commanded, what every of them hath re∣ceived.
They make every half year out of this their rough book, a fair paper book of eve∣ry of their said halfe years receits, and from their rough books they do sort out in the same, all Receits of Revenues together, which be of payments only of ancient Re∣venue of the Exchequer, and of the late Augmentation Court, and not of any mo∣ny granted the Crown by Parliament.
Then next to the Revenue, they sort in the same fair book all Receits of mony granted to the Crown by Act of Parlia∣ment, or of Subsides of the late Subsidies of the Clergy, the fifteens, the yearly Tenths of the Clergy &c. and title every of them after their Nature, and as they fall out by the first and second payment, and in this fair book, every of them doth sum up very perfectly all the said severall kinds of Receits, and doth totall up thereupon their whole years receit with the remain∣der
in their hands of their last halfe years accounts before.
By which fair book every of them do make their count books, they deliver half yearly to the Auditor of the receit to take their accounts which Counter books be of whole skins of parchment written on both sides, and on the top of the first skin there∣of, is set as it were Comp. A. B. Term. Michaelis octave Regis Jacobi finium ad no∣num incipiente tempore C. Domini Thesau∣ri Angliae. Then is there a great down right line, and drawn in the midst of every the sayd skins on the left hand of every such line, which receits and payments be never totalled up by the Tellers, but are left to their auditors to do, who casteth up the totall of their Receits, with their sayd last half years Remainder, so maketh their full charge, and then doth he totall up their payments in the other side, and in the end doth make clear remain of that half years accounts.
IS called by the ancient Records (as I learn) Clericus Dm. Thesauri, who keepeth the Pell in parchment called Pellis Recepti, wherein he entreth every Tellers said parchment Bill with his name on it, and writeth under every such parchment Bill that is entred Recordatur, which first Entry (as I learn) now is made in a paper book, and hath been begun but of late days to keep the Pelle fair, and from ra∣zing as they say, when men are forced a little to mend the Letter of their Tallyes, but even before the first Entry of every Tellers Bill was made in the Pell it self in Parchment, and done in open Court, and so it is now afterwards ingrossed up by the sayd book at leisure.
He also in old time kept the parcell of issues in parchment, which were called, Pellis Exitus, wherein was entred every dayes issuing of any of the sayd monyes, and by whom, what Warrant, Privy seal, or Bill it was payed, which of late was re∣ceived
to be kept by him in the old Treasu∣rers time, and thought then very neecssa∣ry, but now since (as I learn) it is layd down again, as thought not so necessary, the Receipt being ordered as it is at this day.
IS the Officer that provideth a seasoned and proportionable hasell for the Tallies, and cutteth the same to fit length for the purpose, and doth somewhat thwite every stick thereof into four square sides, that they may be better cloven and written up∣on, and he casteth them into the Court from time to time, when any of them be called for, and receiveth his fee of the par∣ty that sueth it out.
BE the two Chamberlains Clarks that should either of them keep a Control∣ment of the Pell, and make forth in onp
Court, like entries of every Tellers bill into like Pells of Parchment, as the Clark of the Pell doth, and that Verbatim, which now here be sometimes kept, and some∣times not, the sees thereof are so small, and the Pell by processe of time is grown so great, that no man would willingly Write the Controllment for the see.
They were wont also in ancient time, either of them to keep a like controllment of the sayd Pell of Issues, and to make both theirs Verbatim, agreeing with the Pell of issues as afore, kept by the Clark of the Pell, which these many years was not kept by them.
IS the Officer that taketh up straight eve∣ry Tellers Bill after it is marked Recor∣datur, by the Clark of the Pell, and entred by the controllers of the Pell likewise, and syleth it straight upon a fyle, then h••s Clark called Scriptor Talliar. & contratal∣liaram,
for whom his Master hath a see, writeth double upon every Tally the whole Letter of the Tellers, that where it is clo∣ven, both the Tally and the stock thereof may have like Letter upon it, being dry, doth deliver the same second to the under Chamberlaines to cleave.
He the said Auditor doth enter all the said parchment bills again in a fair book that is to him as Pellis Recepti, and by those same he doth see what monyes every Teller receiveth weekly, and of whom, and what every half year in his Michael∣mas Receipt and his Pasch. Receipt, where∣by he certifieth weekly to the Lord Treasu∣rer, and others as he is commanded, how all the mony of the Receipt particularly is payd, and received. By which certificate it is seen and examined, whether every of the Tellers Certificates weekly be true and justifiable.
He maketh now to every of the Tellers a Debentur, before any of them can pay a∣ny mony out of the receit, be it upon Fines, Privy Seal, or Warrants that they pay, which is to be made, and is very conside∣ratly done, that upon any restraint of
payment given by the Lord Treasure or his order, his Lordship may be sure to have his Majesties mony kept still undefrayed, while the same be set again a•• Liberty.
He receiveth every of the Tellers Coun∣ter books in parchment, every half year, and taketh every of their accounts by the same, and causeth the Tellers to reform his Titles, and divisions in them if they be not orderly and plain enough for their na∣ture, and then doth he cast up every of their said parchment bills of the half year, their Counter book before, and seeth the total of them; after, he casteth up the to∣tal of every of their Counter books to see if the totall of every of them doth agree with the total of their parchment bills, and so doth make up fair the totall summ of every of their Counter books, that be agreeable with their bills, and they that have any er∣ror be rejected, and examined while the same may be sound and made to agree with their half years Bills, and thereupon are totalled up as the rest. To which total, he caseth every Tellers half years remain, and maketh his whole charge, and so allowing every of them their payments and deduc•…•…
ons, he maketh every of their cleere re∣maines upon their Counter bookes for that halfe year also, as he had done before, and so declareth all the said Counter bookes halfe yearly before my Lord Treasuror, when it is his pleasure.
He keepeth the black book of the Receit, and the Lord Treasurors key of the Trea∣sury both where the ancient leagues of the Realme, and all the Perambulations of the Forrests, and the Records of Justice Itinerant, and divers other Records do lie, Both in the old Court of wards, and in the old Parliament house in the Cloister at West∣minister, where no search can be made with∣out that key come, with both the Chamber∣laines keyes thereof.
He doth (now of late) se every Tellers money locked, and sealed up in the new Treasurie, made for that purpose, when it is my Lord Treasurers pleasure, or or∣der so to have it to be; and keepeth or delivereth the key as he Commandeth.
BE both the Chamberlaines deputies for the Receit, and when the Tallies are written upon as before is declared unto them, one of them doth Cleeve the same even in the middest between the double let∣ter of the Tallie mentioned before, and then the Cleever taking the stick, and the other foile, and the Clerk of the Pell and his con∣troller the Book where the said Tellers bills were recorded, the Cleever saith Examina∣tur, and readeth the stock aloud, and so his fellow The Clerk of the Pell and his two Comptrollers seeing the stock to agree with them all, the same is by and by deliver∣ed to the partie, and the foyle straight cast into the Chamberlaines Chest, where they keep all their foiles, together with their knives, and the Book of Doomesday, while the Joyners fetch them away from time to time as they be occupied.
In which Chest also, be kept the keyes of the Treasurie under three locks, whereof
the auditor of the Receit hath one key, and the two Chamberlaines another key, and the Usher of the Receit that is in the Kings guift another key, who doth now attend by his deputie, and is to do all things there be∣sides that, that other Ushers use to do, and keepeth the Receit as the Usher by Inheri∣tance doth the Exchequer.
They make all searches in the Treasurie for any Record at the suite of the parties, and Exemplifications of the same, where∣of the Fees are divided betweene them, and the keeper of my Lord Treasurors key as of long time hath beene accusto∣med.
BE the Pursevants only Attendant upon my Lord Treasuror to carry his Lord∣ships letters and percepts to all the Custo∣mers, Controllers, and Searchers through England, and to ride and goe where it is his Lordships pleasure to Command.
Authorities in the Lord Treasurer.