THE PRACTICE OF THE EXCHEQUER COURT, With its several OFFICES and OFFICERS. Being a short Narration of the Power and Duty of each single Person in his several Place. Written at the request of the Lord Buckhurst sometime Lord Treasurer of England. By Sr. T. F. Whereunto are added the Rules and Orders of Proceed by English Bill. LONDON, Printed by T. R. for Tim. Twyford and W. Place, and are to be sold at their Shops within the Inner Temple gate, and at Gray's Inn gate in Holborn. 1658. To the Reader, I Have neglected ordinary flatteries, lest I might seem to beg an applause, not merit it. Let it not seem a work of supererrogation to publish this Tract since 'tis hoped the Work itself is bonum & utile, else had not that great and wise Lord Buckhurst taken such care to command it to writing, had he not known that bonum quo communius eo melius; And therefore I hope myself very worthy of excuse from blame by any, inasmuch as hereby present generations may learn past Polity, and by the Rule thereof square their actions. And if any thing herein fall short of expectation, 'tis my request, That you will rather look at it as an escape then a crime; since the whole aim is both thy pleasure and profit, which if you attain, I have the accomplishment of my hope; otherwise, — Si quid noristi rectiusistis, Candidus imperti, si non his uters mecum. Farewell. What every of the Officers of the EXCHEQUER usually do by virtue of his Office in England. The Lord Treasurer. Questions concerning the Lord Treasurer's Office, with several 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. I. Question. THE Lord Treasurer is sworn and admitted in open Court by the Lord Chancellor 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 sworn in the Chancery. II. Question. He is appointed by Statute co be at the election of the Sheriff yearly, In Cr. Animarum. Answer. By the Statute of Anno 14 Ed. 3. cap. 6. The Chancellor, Treasurer, and chief 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 sworn to do as is there limited. III. Question. He nominateth after the Sheriffs be chosen, all the Escheators in England. Answer. Escheators ought to be nominated by virtue of the said Statute of Anno 14 E. 3. cap. 8. but by what reason he doth it alone, I know not. iv Question. 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 Chancellor or Lord Keeper for the time being. Answer. This he doth by virtue of a Statute made 31 H. 6. cap. 5. V Question. He granteth by Statute and Custom, for the accustomed Rent, Custodiam of the ancient Crown Lands, and Escheated Lands, and Firman ulnagij, in all the shires in England, etc. Answer. I cannot speak certainly of this, I know not how to inform myself so as I would, saving that I think the Alnage is let to Farm by the Statute of Anno 4 H. 4. cap. 13. and 4. E. 4. cap. 5. VI Question. He granteth, Firman terrarum seis. pro Domino Rege quamdiu in manu dicti Domini Regis fore contigerint, to any that sue for it, by his Warrant made of late to the Clerk 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 been told, that the Leases made under the Exchequer seal be not good. VII. Question. 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. He sitteth in the Court, and ordereth with others, as is declared in this Article, when it pleaseth him, and the oftener the better, for the profit and service of the King, and the dispatching of suits and suitors. VIII. Question. He may call upon the King's learned Council and the Officers of the Court, to consider by the law and Precedents any matter sore pressed against his Majesty at the Bar, and desire the Court to stay proceed in it while they may be better informed. Answer. There is no doubt but he may and will do all this, when he shall see others negligent or any other good causes so to do. XI Question. He and the Barons may by Statute shall debts of three hundred pound and under to be paid at days. Answer. This they may do by the Statute of 1 vel 2 E. 3. cap. 4. X Question: 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 matters, and matters of equity in the Court between the King and the party to bring them to a final end as best for all parts and not well able to be determined by the ordinary 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 hear English suits, which they do by virtue of the Statute, 33 H. 8. cap. 39 See the Statute book at alrge. fol. 92. H. 4. XI Question He in giving judgement with the assistance of the Court, doth order, stay, examine, hear, debate, prolong, and end, all causes of the Exchequer, either by Judgement, order; or decree, by privy seal from his Majesty, when otherwise it will not be done. Answer. It is certain that he and the Court, or to say more plainly the Court (whereof he is chief) may do all lawful 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. XII Question. 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 been done as by the Court, and all their Accounts and Concealments, Informations; and sundry other things, have been taken, examined, and ordered, as by the Court: And yet his Lordship hath great Authority over them by the Statute of 17 R. 2. cap. 5. where it is enacted, that those Offices should remain in the King's hands under the governance of the Lord Treasurer for the time being, with the assent of the Counsel where need shall be. XIII Question. He directeth his Warrants to all the remembrancers (as the case lieth on any of all their sides) for all manner of Commissions, Processes, and Injunctions needful in the matters of the Court, and when the case requireth speed, he writeth first his Letters therein, and if he think it good, he sendeth Commissions, Processes, and Injunctions after them, and sometimes by the same, doth undo and stay that the Barons have commanded, Judgement being not given. Answer. He directeth Warrants for Commissions and process, and so do others, but they be taken and used as Acts of the Court and allowed and disallowed, as they stand with Justice. He sometimes maketh Warrants for injunctions to stay spoils of houses, woods, and such like, etc. But for alterations of possessions from one to another, Non auditis partibus, or out of Court very seldom or never. As for writing of Letters and after process, I think they have been few of late years, and found almost fruitless. For, Super debile fundamentum cadit opus. And of the undoing and staying of the Baron's Commandments, he hath given sometimes stay for a time upon better information than they had, but undone nothing but upon conference with them, and with their Consents to my remembrance, I have only seen these things done, but not found them in any Record that I rember. XIV. Question. He sendeth his Sergeant at Arms for all such as do disobediently set, neglect, or devise to disappoint the King's Process, and sometimes he 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 Sergeant at Arms for any man before the Lord marquis his time, and that was done when ordinary process would not be obeyed, and that also very seldom. But in the Lord Burleighs time, the sending grew common against Sheriffs and Collectors, etc. as I remember I have seen in ancient Records, that Sergeants at Arms have been sometimes, and yet seldom authorised by commission to do sundry services. XV Question. He alone giveth the Warrant to all men to have their Wine free of impost. Answer He alone (for any thing I know) hath given all the Warrants for freeing the impost of French Wines, yet I find in Anno 1571. the impost was rated by writing under her Majesty's hand, wherein it was ordered, that if any of reputation (being good housekeepers) were left out of the rates, than it should be lawful for the Treasurer and Chancellor to give allowance, but how this authority hath been put in ure I know not. XVI Question. He, the Chancellor, and Vice-Treasurer, make all Warrants for wood sales. Answer. I have not seen or found any Record, or otherwise, that he or any other of the Exchequer, hath had any authority to make sale of the King's Woods, but by Writ or Commission under the great Seal, and that also very rarely, but by Article, amongst the Articles for annexing of the Court of augmentations to the Exchequer viz. Article 27. there is a prohibition concerning the Woods of the Lands in the survey of the augmentation Court of this Tenor, viz. No Wood sales to be made without a Commission from the Lord Treasurer, and to such other of the Court as he shall call unto him, and in his absence, the under Treasurer calling unto him two of the same Court, and other Authority than this I have not seen, but to the Court of general surveyors, which (as I take it) is since dissolved by the statute, 7 E. 6 cap. 2. XVII. Question. He, the Chancellor and Vice-Treasurer make all Warrants for money 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 inquire of the said needful reparations, and the charges of the same. Answer. All the general Authority that I have seen to give warrant for reparations, is by the Articles of annexing the said courts before mentioned, Article, 20. XVIII Question. He directeth Warrants sometimes to make Commissions to some to be Receivors, Surveyors and such Officers of the Revenues, during pleasure under the Exchequer seal, after any be dead, or put out for any misdemeanours whilst the King's 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 alleged, and not without good cause as is there mentioned. XIX. Question. He chiefly protecteth the jurisdiction 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 chief, doth chiefly work in that matter, like as in all other wherein he dealeth. XX. Question. He Commandeth and restraineth all the Officers and Ministers of the Courts, and all others in the King's Majegisty Causes, and matters, belonging to the same. Answer. He commandeth all to do their duties diligently, justly, and truly, and restraineth all to do the contrary. XXI Question. He alone and the Chancellor Vicetreasuror and Barons of the Court, after his and their discretions, do punish all the misdemeanours of the other Officers, and Ministers, of the Court, and of all others that abuse the Court, the Causes, the process, and appendance of the same. Answer. I have seen by Records that the Court hath done punishments after divers manners upon the Officers and divers others, but I remember none on Record to be done by him alone. XXII. Question. He until the late uniting of the Court of Augmentations, and the first fruits and Tenths, did use to sit, and deal very little in the Court of Exchequer, but left all there belonging to him, to be ordered by the Chancellor, Vicetreasuror, and Barons. Answer. I think this to be true, but I have not seen any Record of it. XXIII Question. He alone, or he, the Chancellor and Vice-Treasurer, do allow at the Liberate every Hillary and Trinity Term, such sums of money out of the Exchequer, as to them seems good for any body's considerations, about the service and charges of the court or Revenue of the same, as by the leiger privy Seal in the receipt he and they are authorized so to do. Answer. He and the under treasurer, or one of them alone without the Chancellor, do give these allowances in such term or time as they see cause, by virtue of the privy Seal in the Article mentioned and for this purpose, the Articles of the annexing of the Augmentation Court, Article, 20 may be considered. XXII. Question. He alone by the Articles of the late court of Augmentation, and the first fruit and Tenths annexed to the Exchequer may do something alone, and something he with the Chancellor, and under-treasuror, the Chamberlains and Barons of the Exchequer or three of them and some things he with the Court, and some things he with such persons as he shall call to him, which are here too long to set down particularly, and therefore are referred to the said Articles. Answer. The certainty whereof may be known by the Articles themselves. XXV. Question. He hath used before the uniting of the said Court of augmentation:, and the first fruits and tenths in all great matters of the Courts, sometimes to confer with the Chancellor and under Treasurer alone, and some times with them and the Barons, and sometimes with them and the King's learned Council, and some times with them all, and the two Remembrancers and Clerk of the Pipe about the same, what were best to be done. But since the uniting of the said Court, according to the Articles of uniting the same, he hath used much to confer and join with the Chancellor and Vice-Treasurer, upon all foreign 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 said 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 confer with for his Majesty's service, and determine of matters according to Justice. XXVI Question. He alone, and he, and the under Treasurer by his discretion (as I take it) do survey and order all the Receipts, and all the Officers and matters thereof, and of the Treasury, and do direct payments, and stays of payments by their discretion, and do examine all receipts coming in, and going out of the receipt, but can suffer no penny to go out but by privy Seal or great Seal 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 authorities by old and new Statutes both alone and with others, which are referred to be found out by learned Counsel that have abridged the same. Answer. I have not much experience in the Receipt, but I do hold it for certainty, that none of the Treasure may be paid out, without good warrant from the King. And I have seen by record, and otherwise, that some misdemeanours there committed, have examined and ordered in Superiori S. Here I was required (as I understood by the Messenger, to set down by what Warrant and authority, the things before specified were done. I have endeavoured to perform 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 Authorities in the Lord Treasurer. have observed by reading of the Records of all King's times, that he hath been taken for a very great Officer, and chief of the Exchequer, amongst which concerning his ancient general Authority and Duty, I find these words written of him, Adquem spectat de commodis domini Regis curare, & ut ejus disdendia viteut prospicere, By which, and by his oath, his general duty and authority, may be conveniently and reasonably conceived and gathered. And touching his other authorities that be not before mentioned, I think there be some by Statutes and some by Commissions or privy seals, concerning his Office in the Exchequer, which I do not take upon me to set down least I by forgetfulness, should omit some of these I know, and might omit divers others, having not been made acquainted with them, and to my best remembrance, they be most of them joint with others, and am of opinion, that if (when any thing shall be offered unto him, or required of him to be done) It will please him first to require the sight and understanding of his Warrant, in that behalf his Lordship shall in short time find and know his authorityes that he 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 experience in every case. And what hath been done by the two last Lord Treasurers, I suppose that the next hath seen either already, or heard himself, or shall by some other hear of it. And if his Lordship shall find just cause to understand by what Warrants and Authority they did so, he may easily understand of it by some of his Majesty's Officers. The Chancellor. HE is an Officer thought by many to have been placed in the Exchequer, to have qualified all matters of extremity and rigour between the Prince, the Subject, and the party, with Conscience and equity, But yet I never saw nor have heard of any Record ever made in the Exchequer in that case, by order, direction, or qualification. He hath in Court the proper place of the Bench above the Lord Treasurer. He (in the Lord Treasurer's absence) doth in Court in the Exchequer Chamber all things to the Kings most benefit and furtherance. He in the Lord Treasurer's absence, if the Barons and learned Counsel of the suitor do much press any matter against the King, or that he findeth there is some learning in the case, doth pray that it may stay until the Lord Treasurer be made privy, and the King's learned Council may be conferred with, and the precedents of the Court may be showed upon the same. He maketh warrants to any of the remembrancers to make all manner of commissions process, and injunctions, as the case requireth, aswell as the Lord Treasurer doth. He by the late Lord Treasurer, 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, mats and causes of the same. He in the Lord Treasurors absence for orders and Commandments in Court for the benefit of the Prince, and case of the Subject and suitors, hath ever done commonly that the Lord Treasurer useth to do. He hath ever used in great causes of the Court, to make the Lord Treasurer privy, and to confer with his Lordship about the same. He being Vicetreasuror also, after the death of the Lord Treasurer, and while a new Lord Treasurer be made, doth all things which the Lord Treasurer both in the Exchequer and Receipt doth use to do Under-Treasurer. IS an Office erected of late in the time of King H. 7. And whether it was of the King's nomination first, or of any Lord Treasurer, it is not known. But it is said that Sir. Robert Mitton Knight, that was then the Lord Treasurer's Remembrancer, was the first Vicetreasuror that was ever made, and had no patent thereof; but Sir. john Baker when Thomas Duke of Norfolk was made Lord Treasurer in H. 8. time, being nominated Vicetreasuror after Sir. Robert Mitton did procure a Patent thereof under the great Seal 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 remain of the Treasure in the receipt being brought then to the King at the end of every Term) did chest the same up, and did Content every Chest what sum and sorts of money was in it, intitleing it B. or C. as in course it fell out, and carried it to the King's Treasurer in the Tower, and entered the same in the King's Book which he kept in his desk, leaving ever in that receipt sufficient money to pay ordinary Fees, and sums of money it was charged with between that and the next Term. And hereupon I think the Vice-treasurer was made to see this done, both of trust and ease of the Lord Treasurer, 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 secrecy. He being Chancellor of the Court in the late Lord Treasurer's 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 Treasurer in the Court of the Exchequer, and in the receipt, saving that which was done Per Considerationem Baronum, upon Pleas, Informations, judgements etc. 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 Exchequer, whereof they make him a Bill of Praisement, and he giveth order whether the owners shall have the goods again as they are praised; or whether part or all shall be otherwise sold, wherein the late Lord Treasurer would sometimes deal and intermeddle with his privity. The Lord Chief Baron. HE is sworn by the Lord Chancellor or Lord Keeper for the time being, or the Lord Treasurer, and the other Barons, and is the chief Judge of the Court, and in matters of Law. Information and plea, he answereth the Bar and all suitors. He giveth all days for bringing of Pleas, Informations, Answers, Replications, Rejoinders, and amending of the same, as occasion is offered at the Bar. He maketh all the Orders of the Court that touch or concern the matters at the Bar, or the Suit depending in Court, or is moved by learned Counsel, and yet with great orderly consent of the Lord Treasurer, the Chancellor, the Vicechancellor, Vice-Treasurer, the other Barons, and the King's learned Council, or such as are present of them, as the case shall require. He in the absence of the King's learned Council, answereth the Bar most diligently in the King's Majesty's behalf, and when the King's learned Council be there, he suffereth them to speak and answer to the Bar for his Majesty all that come, and joineth with them my speech and conference, to satisfy the Bar, to alter or mend the matter or words of the plea, for the furtherance of his Majesty's side, in all causes the Law will bear him. He, before he proceed to Judgement in Causes against the King, either he asketh or willeth the Officer on whose side the matter is, to ask the King's Attorney what he can or will 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 King's Majesty be to have Judgement for him. He and his fellows confer 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 King's learned Counsel, and if they cannot satisfy the Barons, the Law to be otherwise, they proceed to Judgement. The Court being called upon therefore at the Bar, although the Lord Treasurer, Chancellor, Vice-Treasurer, and the King's learned Council, would feign have it go 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. He ever giveth Judgement in the Term time only, and speaketh in this wise to the Remembrancer, on whose side the matter is. If the King's 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 Supersedeas of the same, and such his Award is set down in the book of orders on the Remembrancers 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 Remembrancers whom it concerns to make out any manner of Commission, Process, Injunctions, Supersedeas, Writs of privilege, and such like. He in open Court doth set Amerciaments and Fines upon all Sheriffs, Coroners, Escheators; Commissioners, pursivants, makers and aiders of Rescues, that do not execute, serve, return, deliver, or obey the King's 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 themselves in the Court, that disobey the King's Process, that keep not their days or the order of the Court, or otherwise, be worthy to be committed as the case shall require. He alone in the afternoons in the Term time, doth sit upon all Nisi prius in London in the Guildhall, that came out of the Remembrancers Office, or the Clerk of the Pleas Office, concerning any matter or trial there by the Jury of London, which cannot be dispatched at Westminster for lack of time and leisure. He appointeth the days and Terms when all Demurrers in Law shall be argued at the Bar, and likewise in the Court to show their opinions upon the same. He 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 afternoons at Westminster, to set Fines and Amerciaments on the Sheriffs, and to inform the Court of that is meet, or otherwise to confer with them. And sometimes he commandeth the said Officers to attend at his Chamber upon him and his fellows, for conference or information about some special matters appointed there to be heard or considered upon. He and his fellows take without Fee in open Court, all manner of Recognizances for the King's 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 himself and of the Mayors and Sheriffs of London, and giveth such exhortation and oration as to himself shall seem meet, and Commandeth their Oaths to be read unto them by the King's Remembrancer, and seethe them take the same. He taketh the Declarations of the engrossed Accounts of the late Augmentatition Revenue in the Counties of Northumberland, Richmond, Durham, Receivers of Nottingham and Derby, Lincoln. etc. Receivors of Chester, Lancaster, Westmoreland 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 King's Attorney Promissis Parcandis, doth set all the Fines of Composition upon any that is informed against in that Court by any popular Action, or penal Statute, which Fine doth bring the defendant to an end thereof, and is set down from the Roll of the King's Remembrancers side, and charged in the Pipe, where he hath his Quietus est, upon his Fine paid by tally and allowed there. The second Baron IS he that is next in place, and ancienty to the Lord Chief Baron, and in his absence doth Answer the Bar in matters of orders, and course, as the case offereth, and in matters of law, difficulty, or importance, He referreth all suitors until the Lord Chief Barons coming, and that the Court be fuller. He, and his fellows in the Lord Chief Baron's absence, in mean Causes and matters of Course, do take order with all suitors, and matters offered at the Bar, as in days of Appearances, Recognizances, Receiving and mending of Pleas, informations, licence to departed, and some judgements the Causes being not great, and the Lord chief Baron's mind being somewhat fore-known therein, And in every thing he useth more Authority in the dispatch of matters in the Court, which are called on at the bar when the Chancellor, the Vice-treasurer, the King's Attorney, or Solicitor, or some or most of them are present in Court, wherein he and his fellows have the more consent and agreement of the chief Officers of the Court. He and his fellows in my Lord chief Baron's absence, may do all in Court that my Lord chief Baron may do, 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 respite, and put over the same, and will be advised thereof until such a day. He giveth yearly 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 Escheatorship, and ask no petition or Allowance, but that which is good and true. He in the Lord chief barons absence doth take all manner of Recognizance in Court, and out of Court, as the Lord chief 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 engrossed Accounts of the Receivors of the late Augmentation Revenue in the County of Kent, Surry, and Sussex. Receivers of London Middlesex. Hertford and Essex. Receivers of Norfold and Huntingdon. 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 foreign Accounts, Escheators Accounts, Collectors Accounts, of Customs, Subsedies, and Fifteen, as are brought unto him by any of the Auditors of the Court, in the head of which accounts, the Baron's name is set that examined them, And his addition thereunto is Auditor, And then the Auditor's name that did take and engross them, is set under the Baron's name, and his addition thereunto is Clericus; So as it seemeth, the old course of Exchequer accounted the three under Barons 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 Victuals, the Ships, the Works, the Provisions, the Wars, and such like, were heretofore taken and examined, which be now taken by the Auditors of the priests, and are declared by them, and they account before the Lord Treasurer, Chancellor, and Vice-Treasurer only, except they please to call some of the Barons to them, as they use so metimes, when the most of them cannot attend the hearing of the same accounts. The third Baron. IS he 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 fellows might do before; but in both their absences, 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 King's 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 Simon and Judes day the Oath to the Lord Mayor, and Gaugers of London, that he shall make a true account of the same, and ask no petition or allowance but what is good and true. He taketh the declaration of the engrossed accounts of the Receivers of the late Augmentation Revenue in the Counties of Somerset and Dorset. Receivers of Cornwall, and Devon Receivers. He likewise as the second Baron did before, examineth the letters: and casteth up the sums of such Sheriffs foreign accounts, Escheatours accounts, Collectors accounts, of Customs Subsidies and Fifteen, as are brought to him by any of the Auditors of the Court as aforesaid. The fourth Baron IS always 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 Remembrancers office, or of the Clerk 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 mandatum Curiae, And likewise of the Deputy 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 ask no petition or Allowance, but that which is good and true. He if he present in Court at days 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 ask no petition or allowance but that is good and true. He taketh the Oath of all Collectors, Countrollors, Surveyors, and Searchers, of all the Custom houses in England, that they have made true Entries in their Books without concealment, or leaving oat any parcel of wares, or merchandizes, to the King's hindrance or prejudice. He taketh before the Court commonly begin to sit, or when it hath little to do, or my Lord chief Baron is absent, the opposals of the Shiriffs, of their summons that come in, and are sworn 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 said opposalls answereth unto such sums as he will pay and charge himself with, confessing so much due or received. And to the other sums he will answer, O. Ni. as confessing, On●retur nist exoneretur, and so the said Baron goeth on in this manner, questioning and ask of every Sheriff, what he saith to every sum in his summons, until he hath gone through every one of them. He informeth the Bench and the King's learned Council 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 King's learned Council, from ordering any thing they go about contrary to the said course, for the preservation of the same, and to save the King's Prerogative and benefit, which the course of the Court most commonly maintaineth and respecteth. He taketh the declaration of the engrossed accounts of the Receivors of the late augmentation of the Revenue of the counties of York, Receivers of Oxon and Berks, Receivers of Buckingham and Bedford. He likewise (as the two other Barons) examineth the Letters, and casteth up the sums of such Sheriffs foreign Accounts. Collectors accounts, of Subsidies and Fifteen, as are brought unto him by any of the auditors of the Court, and causeth his name, and the auditor's name that engrosseth it, to be set with additions of the auditors, and Clericus as aforesaid. He taketh the bail of all Sheriffs, Bailiffs of Liberties, and Escheators that keep not their days of prefixions, but come into the Court by attachments, which is nothing else but with sureties to be sworn to account, and then assesseth the Fines of all such Bailiffs. Pro libertate reprehendenda, 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 shillings four pence. And for the Sheriff's Fines, in is ever five pounds a day for his four next days after his day of prefixion that he faileth to come and to be sworn to his account. The two Chamberlains HAve their place next in Court to the four Barons, and may sit and keep their places daily in Court if they like to attend and hearken to the causes of the Court, without any intermeddling therein. But at the election of the Sheriffs yearly, (In Cr. Animarum) they are ordinarily to be there, and keep 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 deal in the Court of Exchequer at this day, I know not that they have. They have in old time had great authority in the Receipt (as I have heard say) and have kept certain keys of the Treasury Coffers, and were ever privy to the Bells of Receipt, and to the Bells of Exitus, of the which each of them kept a controller, as at this day they do of the pell of receipts, and no money issued out of the Receipt without their privity, as is manifestly proved, because at this day every privy seal for the payment of any money out of the Receipt is directed The saurarijs & Camerarijs. They have the charge of the Treasury with the Lord Treasurer, and keep the keys thereof, where all the ancient leagues between the King's Progenitors, and other Princes and States, either do or should lie, and where the book of Doomsday and the ancient Records and Pleas, De Justiciarijs itinerant. and De forest is, and of divers other matters do remain; into which Treasury, neither they nor their Deputies can come with their keys, until the auditors of the Receipt come with the Lord Treasurer's key to the same that remaineth in his keeping to my Lords use. The King's Attorney IS the special Officer of the Court that is made privy to all manner of pleas that be not ordinary and of course, that rise upon the process of the Court, and to the Replications and Rejoinders growing upon the same on any of the Remembrancers sides. He putteth into the Court of his own name for the King, all informations of concealments of Customs, Subsides, Seizures, Receipts, and of Intrusions, Wars, Spoils, Encroachments, and Anoyances, done upon any of his Majesty's Lands, Tenements, Woods, Rents, Rights, and Hereditaments, and upon any popular Actions, penal Statutes, Forfeitures, or breach of Covenants. The King's Remembrancer. THE King's Remembrancer of the Exchequer, who at certain days prefixed in the Term, calleth to account in open Court by his book yearly made, and commonly called Statutus magnorum computantium, etc. all the great accountants, as the Cofferer, the Master of the Wardrobe, the Master of the Horses, the Keeper of the Scudry, the Master of the Revels, the Clerk of the Hamper, the Butler of England, the Treasurer of the Mint, the Lieutenant of the Tower, the Constable of the Tower, the Lieftnant of the Ordnance, the Receiver of the Ships, the Victualler of the Ships, the Master of the work, and such like; and by the same book, should call the Vulgars' to account, that are now reduced to a fee farm certain by my Lord Treasurer's 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 book he calleth (as before) at days prefixed, all searchers, Ad respondendum Domino Regi medietatem omnium foris fact urarum in Officio suo contingent. etc. And all collectors of Customs, and Subsidies, Ad computandum, which book of States hath all the said Officers christian 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 said accountants that come not in at their days prefixed, and account for their said Office, except such as be not now accountants before the said Barons. He calleth to account in open court by his like book called the States of the collectors of Subsidies and Fifteen, all manner of high collectors thereof granted by Act of parliament in every shire, city, Burrough, Town corporate, and place whatsoever through England, as they are appointed and certified by the commissioners every where for the assessing and levying of them, and according to their days of payment appointed them by the Statute. He inrolleth and maketh out process against such of the said Collectors for their Bodies, Goods, and Tenements that come not in to account, and pay their money according 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 sureties and seldom without sureties, as by occasion of any of the premises, or from time to time for any debt day of Appearance, or other commandment of Court, are forced to be bound any manner of way. He upon the breach and not keeping of these Recognizances, inrolleth process, and maketh out the same against all such persons as were bound therein, according to the course of his Office. He as the Returns of the said process by course of the Court do offer occasion of some change of Writs in manner and form 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 endorsed what is to be done, or leaveth it to the Clerk 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 said processes be still current every Term until they that are bound, or their Executors, Administrators, Heirs, or Ter-Tenants come in and pay the money, or take order therefore, or plead in discharge of them. He hereupon informeth the Lord Treasurer, and in his absence, or by his order the Chancellor or Vice-Treasurer of the Court, every Term when he is commanded, of all manner of debts and arrearages of any the said Accountants, or upon any other person depending in his Office, by reason of any the said Recognizances, or of Bonds taken, or delivered in his Office by any other occasion, and due with them ro his Majesty. He according to their Order stayeth or setteth forth processes for the said debts and arrearages, and admitteth any person vexed with process from time to time to plead in discharge thereof, or of any part of the same, unto which plea the King's Attorney is made privy, who referreth the same over to the Court, if he think not good to confess it. He hath all manner of Informations upon penal Statutes, Intrusions, Councealments and such like, put in and sued in his Office only, with all matters, Recognizances and Bonds depending or proceeding upon the same. He by calling on, and remembering the Court and the King's Attorney of the same and other Pleas depending in his Office, doth drive them to be ended, either by the Attorney general's confession, or Judgement of the Court, upon Jury, Demurrer, Privy seal, or composition, Pro misis Parcandis, being upon popular actions. He only on his side maketh the Bill Roll of compositions, Promisis Parcandis, upon penal Laws; and Statutes, and getteth the Lord chief Barons, the King's Attorney, and the other Baron's hands to them, and maketh up the Records of the same. He taketh the stallment of all debts by Recognizances after the ancient course, and sometimes now by Obligation, because the parties (bound upon their payments) 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 down into the Pipe, that they might be so moved out there for time to time against the day that any payment shall grow due, and so is the ancient course of the Court. He only taketh Bonds and Recognizances in the Court, and all to the King's use, of all Sheriffs, Customers, Controllers, Receivers, Bailiffs and of all other persons whatsoever, that are bound in the Exchequer, and doth all things proceeding upon the same. He inrolleth all the said Bonds and Recognizances in remembrance of the year, 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. He sometimes by Warrant of the Lord Treasurer and in his absence the Chancelcellor, the Vice-treasurer, the King's Attorney, and the Court, maketh out Commissions in the Country to certain Commissioners by Dedimus Potestatem to take Bonds to the Kings use when the party is to be bound with Sureties, and cannot conveniently come up, or bring his Sureties hither to be bound for him, of the Return whereof he maketh Record, and fileth the Commission, and the Certificate and the lands besides, He by like writ changeth bonds and Recognizances of the first parties that were bound and taketh others in other places, that the Lord Treasurer the Chancellor and the Vicetreasuror alloweth of. He maketh all process, Commissions, Decrees, orders, Awards, and Entries proceeding, or growing of any matter, cause, plea, or original depending, or to be sued on his side, that the whole Course of the matter may appear and remain on Record in any place ever together. He maketh a Record in his office of all the Certificates delivered unto him by the Clerk 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 down from his Record into the Pipe to ●e sumoned out there, to be written from thence by the Treasurors Remembrancer when they be put in his Book called Cedula Pipe. He maketh up the Record of every Bishop's death, of his multure of his best horse, Ring, and cup of gold, and silver, seized to the King's use, or of fine made thereof by every of their executors or the administrators of their goods and Chattels. He taketh the Proffers every Easter, and Michaelmas Term, in the Receipt before the Barons, of all the Sheriffs, Bailiff, and Eschearours and marketh the default of every of them that doth not appear there by his Attorney, aswell as the Treasurors Remembrancer doth. He readeth in open Court the Oaths and the Usher giveth the Book at the Election of Sheriffs yearly every C. Animarum, in French, and offereth the Book to be kissed by them that chose them. He readeth in open Court the Oaths and the Usher giveth them the Book to kiss, that all the grand Officers of the Court of Exchequer do take either before the Lord Chancellor for the time being, and the Barons, and likewise the Oaths that all the under Officers Ministers and servitors of the said Court, do take before the Lord Treasurer, the Chancellor the Vicetreasuror, and the Barons of the Court, or some of them. He only 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 elsewhere in any Court of Record or place to remove such plaint before the Barons such a day to surcease the suit. He hath delivered into his office to keep, all manner of Judgements, Fines Recoveries, deeds, Releases, writings, Charters, and Evidences whatsoever, that are brought into the Court by the Lord Treasurer, the King's Attorney, or any other person, either for the Assurance of lands and Tenements to the Crown, or for the better Recovery and enjoying lands, and tenement that ought to come or be in the Crown. He maketh by warrant of the Lord treasurer, the Chancellor, the Vice-treasurer, the King's attroney, and by the Award of the Barons in open Court, all manner of process, writts, Injunctions, and conditions whatsoever, that be to be made on his side, besides the ordinary process and written of every Term, whereof he likewise maketh stay, and Supersedeas, by Warrant and Award of the Barons as aforesaid. He entereth Judgement, according as the Lord chief Baron and Barons of the Court Commandeth him, of all Pleas dependingon his side both for the king and the party, though the King's learned Council would willingly have the Judgement go otherwise. He entereth Judgement of his own Authority by the Ancient Course of the Court of Pleas of Course, and whereof there are daily Precedents 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 Clerks with the fourth Baron most Commonly, and in his absence, with the next Baron into the King's Bench, and Common Pleas in the Term time, to remove any matter sued there against any Officer, Minister, Servitor, or any of their men, or any Accountant there, that prayeth his privilege in time of any of the same Court, upon which said red Book showed, and the parties so testified by the Baron to be of the Court as aforesaid, his Privilege is ordinarily allowed. He receiveth into his Office all the Certificates of the Subsides, Fifteen, & Tenths, granted to the Prince by Parliament, and certifieth unto the Exchequer, whereupon he maketh his two Books called The States of Subsidies, and the State of Fisteens, in which is entered the Collectors names, and for what places, with the sum total of every Certificate, as they do come in with their payments agreeable thereunto, so are they trossed and entered clear, that otherwise stand open while the money is paid, and discharged. He sendeth every Hillary and Trinity T●r●e, several parchment Books, to all the Customers, Controllers, Survaiors and Searchers of the Parts and Creeks through England, to make the first and second half year's Entries in the same of the King's Majesty's Customs and Subsides, and the Cocketts thereof, according to certain late orders in the late Queen's time sent unto them thereof. And likewise every Michaelmas and Easter Term he receiveth the same by the Oath again of the said Officers in open Court, or before some one of the Barons 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, foreign accounts, Collectors accounts of Subsidies and Fifteen, and the Cofferers accounts, which he taketh, & the Accomptants name with his addition of account, and the sum total and the debts of the same, and so putteth every of them ever by himself, or one of the Clerks of his Office to the Treasurors Remembrancers side to be entered there in like sort; both which Remembrancers should likewise receive all the great accounts taken now before the Auditors of the priests and the Receivours and Ministers accounts of the late Augmentation Revenue, taken before the Auditors of the Shires to make like Entries thereof in both their Offices, and to be conveyed in the views of every year's Remembrance, and that he to whom it did appertain, might make process upon the same, where any cause should so fall out, and so no Super, or debt thereupon, by that means should be behind, and to be out of Process every Term while they were discharged. He sendeth commission of Nisi prius by the king's Attorneys Warrant only, upon trial of any matters within his office at the Assizes in the country Adtenorem Recordi under the Exchequer Seal 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 chief Baron sitteth thereon, and the King's Attorney and his Majesty's learned Council either be, or appoint to be there for his Highness. He hath other special Authorities, preeminences, 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 certainty at large of the same. The Lord Treasurors Remembrancer IS the second Remembrancer of the Exchequer and belike of old time was so called, for that it was then in the Lord Treasurors gift, or that he had some special service appointed to him by the Lord Treasurer to remember him of, or to be kept in Record. He hath his Office chiefly established upon the execution of the original, save for the great accounts, the Customers, controllers and searchers, that is yearly streated to him out of the Chancery, and is otherwise called Extractus Cancellarioe, being the yearly street Verbatim, as they passed under the great Seal of England, from time to time of all Sheriffs, and Escheators Patents, of all Customers, Controllers, and Searchers Patents, of all Receivers, Reeves, Beadles, Bailiffs, Collectors, and Steward's Patents of all grants of lands, and Tenements for life, in see simple, see tail general, or special, of all denizonships, Creations of Arch bishops, and Bishops, erections of any Abbeys, Priories, Colleges, Chauntries, Hospitals, Schools, and Corporations, of all custodies of any Honers Castles, Lordships, Manors Chases, Forests. Parks special, and general, after the Course of the Chancery, & ouste●lemanes, of all Licenses of Alinations going over sea, transportations, Introductions, Retains, imparkings, and Enclosures, of all pardons, Alienations, intrusions, trespasses, utlegaries, felonies, murders, misprisions, treasons, and forfeitures, of all restitutions of blood, goods, and Chattels, lands and Tenements, of all leases for Term of life, or for years, of all Fines gross and small, of all Writts of restitutions of Temporalities, of any Abbey, Priory, Archbishopprick, wards and seized lands and Tenements, of all Di●m Cl. Extremum, Mandamus, Melius inquirendum, et qu. plura. He out of the said Original, maketh his Book called the Roll of Prossers, which is a record, and a part of the remembrance of every year of the coming of every Cro, Michalis, and Cro ' Claus. pasch. into the receipt of all Sheriffs, Bailiffs, Farmers, Escheators, and men of certain Towns within the realm, and of putting in a Warrant of their proffer made of the issues of their Offices, at which if any of the Sheriffs made default by himself or their Attorneys, or pay not into the receipt there by Tallie infra mens●m following, they forfeit their recognizance, and the Bailiff, Farmers, and Escheators that come not then to appear either by themselves or their Attorneys, are amerced at half their proffer, And if they pay not their proffer infra mensem following, then do they lose 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 maketh Proclamation in the receipt before they arise That all Sheriffs, Bailiffs of liberties, and Escheators, do pay their proffers as they are accustomed infra mensem, and keep their days of prefixion for their Accounts in the Exchequer according as by the Court they are appointed upon pain and peril that shall fall thereof. He thereupon by his book called the scroll of accounts made out of the Rolls of proffers, and out of any other part of the yearly remembrance, called Dies datus vicecom, et Escaet. ad Computand. post profra every Michaelmas Term, doth call all Sheriffs, Bailiffs, and Escheators of the year last passed to account, some Cr. Sc. Michis, some tres septimam Sc. Micahis, some Mense Micahis; some Cr. Simon et Judas, 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 several days 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 Original of the Chancery the Roll of proffers, Dies dat. Viceom. & Escaet. the scroll of Accountants, and other Records, both preceding and following thereupon, doth make a yearly Book called the Roll of Writs, that is a part also of the yearly Remembrance made in his Office, in which he enroleth all Briareturnabil. de Term. Hillar. Pascae sectae Trinitatis, & sectae Michaelis, every year some from the Original, some from all the parts of the yearly Remembrance that is made with him, some from the transcript of Offices, yearly 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 book called Nomine Escaet. & ceduta Pipae, and some from the street of Common Pleas, called the Fynes. He out of the Original from all Receivers, Bailiffs, Reeves, Collectors, and Beadles Patents of any the King's Lands or Tenements, doth enrol and write, Venire facias ad computand. or distringas ad reddend. compotum, from all grants of Honours, Castles, Lordships, Manors, Lands, and Tenements granted by the Prince to any for life, in fee simple, fee tail general or special. he doth enrol and write Distringas ad faciend fidelitatem & ad faciend. homage. & fidelitatem, or a Writ of Reversion when the tail is spent, and otherwise as the case requireth, from all Denizenships' he maketh a Distring as add faciend homage. from all custodies of Lands and Tenements, or Farms, he doth enrol and write, Distringas ad faciend, fidelitatem, or homage. & fidelitatem, or add respondend. de velevijs, from all pardons of Outlawries, Attainders, Felonies, Murders, Treasons, Misprisions of Treasons. He doth enrol and write Distringas ad respondend. de omnieo quod ad Regem pertinet, etc. velcertiorari quae bona & catalla A. B. habuit, etc. From all licences of alienations, he doth enrol and write, Distringas ad faciend. fidelitatem, or ad audiend & terminand. He doth enrol and write Writs of Restitution of any Temporalties. He doth enrol and write, Distringas ad reddend. comp. de exitibus temporal. etc. and Cercioraries, sometimes, Quis recepit exitus et profit. temporal. etc. He from the said Roll of proffers, doth enrol and write against such as pay not their proffers, Infra mensem. etc. capias pro contemptu, with a Fierifacias pro proffera. He from the said scroll of Accounts grounded upon Dies datus aforesaid, every Michaelmas Term against Sheriffs that make default at their days of prefixion, doth make a Record of five pounds for every day of payment, after he makes default while four day's next be past, which is set down in the Pipe to be charged upon them, or is levied upon a Fierifacias except the Prince's Letter come aforesaid for the discharge of such Amerciament, and then he doth enrol and write out an attachment for his Body, Goods, Chattels, Lands Tenements, while he cometh into account, and putteth in Bail to end and finish the same, and against all Bailiffs of Liberties that make like default, he enroleth and writeth out like Attachment as he did before against the Sheriffs. He from Commissions that is a part of the yearly Remembrance laid in his Office, and made by Warrant or commandment of the Court, or upon some other dependency of Record, Ad inquirend. Ad faciend. Admetus Exequend. Ad perinplend. Ad recipiend. or Add certificand. doth enrol process and Writs out of the same against the Commissioners thereof, Ad liberand. Inquisitiones, ad certificand. ad comput and or alia faciend. as the matter offereth. He upon the Communia, that is the several Records of all the pleas put in every Term within his Office, and another part of the said yearly Remembrance, doth enrol process, and doth write the same against the parties whom they concern, Adfaciend. sidelitatem homage. & sidelitatem magn. Serjantians, et parvam Serjantians, et ad respondend. etc. as the several Statutes and judgements of the same doth require. He even so doth enrol process and writ out of the same from all other parts and titles of their Remembrance, and from all other Records rising in his Office, are brought into the same of such kind, and mature, 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 licence of alienation, or a pardon of Alienation, or Livery special or general, or an Ousterlemaine, or after the course of the Chancery, that is streated as afore in the yearly original is compelled or suffered to plead upon any such first process enrolled upon the same, and written out by every of them are admitted to do their fealty, or to pay their fine for a respite of homage, at any Term they come in after the same sent forth, and so keeping still the payment of the same Fine every fifth Term, they have process made out against the same Land their fine is made for, but their fifth term homage written to put them in Remembrance of the payment of their fine, while either they be returned dead, or Nihil habet in the same Land. He upon all such Returns of Mortuus, or Nihil habet from the Original, or of like service of Writs from pleas, or any other Record in his Office, doth straight write out the next Term after such Return, a Dic. tenants of the same Land, the Tenant is returned Mortuns est, or Nihil habet, etc. for the answering of the which the party that is returned the now tenant of the said land, must show he hath therefore a licence of Alienation, or a pardon of Alienation, or a livery general, or special, or an Ousterlemaine, or after the course of the Chancery by which he entered, and he must plead either the same or some general pardon that will serve for his discharge, or otherwise, with the Nec non ad ostendend. goeth current still every Term, while he come in and plead as aforesaid. He admitteth any such person that hath any such Land whereof the Tenant is returned Mortuns est, or Nihil habet before the Dic. Tenement. goeth forth thereof, with a Nec non ad ostendend. upon the said return to come into his Office, and enrol there his licence or pardon of Alienation of the same Land, and to show his conveyance thereof, and likewise to enrol his Livery special & general, the Ousterlemain, or after the course of the Chancery, and upon the same enrolment, and show he doth admit such person to do his fealty, and to pay his Fine upon a Writ made from the said enrolment, and show of his evidences to agree therewith, without any manner of pleading, because all such Writs be like the first writts enrolled from the original, and written out as aforesaid against the first tenant only of the land by good matter of Record. He upon all pleas put into his Office where the King's Attorney may make an Averrment contrary to the plea of the party, and where the party pleadeth any foreign matter than 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 ordinary Writts for fealty and Homage sealtie, and such like, doth by himself or some Clerk of his, make the King's Attorney ever privy to all such pleas, their replications, and rejoinders, who doth respect them and consider them, and at length either doth confess them, or referreth them, or giveth his Warrant out under his hand to have them tried in the Country at the Assizes of Nisi prius. He according to the Ancient order of the Court, upon all other ordinary Pleas examined by him with one of the Clerks of his office concerning Writts of service, and such like, doth enter Judgement alone without making the king's Attorney or the Court privy thereto, which ever in this wise were dispatched as agreeable to the Precedent of the Court. He either upon the first writ from the original. 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 respite of Homage payable every fifth Term according to a rate given him by the Court at his first coming into his office whereof a record was then made, and is as followeth. the Fines for respite of Homage, every fift Term of lands and Tenements. s Three pounds per Annum downwards 0 4 Five pounds per Annum, downwards 0 8 Six pounds thirteen shillings four pence per annum downwards 1 0 Ten pounds per annum downwards 1 8 Eighteen pounds per annum downwards 2 0 Twenty pounds per annum downwards 3 4 Thirty pounds per annum downwards 5 0 Forty pounds per annum, downwards 6 8 Sixty pounds per annum downwards 10 0 And no such fines are set higher but upon Noblemen which according to the greatness, or meanness of their lands, are set some at thirteen shillings fourpence some at twenty shillings some twentiesix shillings eight pence some at thirty shillings and some at fort shillings, to be paid every fifth Term, and none above, nor so high but for Dukes. He hath set down in his Book called nomina Vic. by the Clerk of the Pipe every year, the debts of all Sheriffs, Bailiffs of liberties, and men of certain Towns that are found, and cast upon their accounts entered in the Pipe, and in another of his Books called Nomina Ecaetor, he hath every year the like debts of Escheators set down by the same Clerk of the Pipe; for all the which, he maketh Attachment and other ordinary process of the Court for the levying of the same, as the case doth require. He hath in a third Book in his Office called Schedula Pipe, All debts set down by the Clerk of the Pipe, of such persons as upon the opposalls of the Sherift of their summons, be said by them to be dead, to the end he should make a Diem clausit Extremum, after the death of such debtors to the Sherift, which is the award of the Court, and of purpose to inquire what day and year they died, and what goods and Chattels, 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 levy the same debt, and have them before the Barons such a day. And if their goods and Chattels be not sufficient to pay the said debt then to inquire what lands and Tenements, and to what yearly value they had at the day of their deaths, or when they became debtors, or ever since, and to whose hands and possession 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 keep safe, and to Answer the issues and profits thereof until the said debt be fully satisfied and paid, or that he otherwise is Commanded, and to distrain all the Executors of the Testament of the said debtors, as Administrators of the goods and Chattels that were his, and also the heirs, and Ter Tenants of the same debtors, if they have not Executors to Answer the same debt, and all to the intent the same might this way be paid that could not by the summons of the Pipe be so levied. And likewise he hath put in his said Book of Schedula Pipe, by the Clerk of the Pipe, other great and special 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 quickly Attached and brought into the Court, or the money paid 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 Streets of Fines, issues, and Amerciaments, sent into the Court from the King's Bench, the common pleas, the Justices of Assize, and all Justices of the Peace, through England, which are by him delivered over by the Rolls of streets into his Office to the Clerk of the Streets to write out, who sets his hand thereto for the Receipt of the same. He taketh on his side also (as the King's Remembrancer doth afore) all Sheriffs for reign accounts, Bailiffs accounts, Escheators accounts, Customers accounts, Collectors accounts, of Subsidies and fifteen, and the Cofferers accounts (as before is declared) in the point amongst the matters of the King's Remembrancers side. He ruleth the ordinary petitions that any of the said Accountants do make or pray upon their said accounts to be allowed them without the privity of the Court, being matter of Record and Precedent in Court for the discharge of the same, and other their new and first petitions, are allowed from time to time by the Judgement of the Court, and so he ruleth them under his hand accordingly, and there entered either in the Venos or the postscript of the years, wherein they should lie, that be part of the Remembrance for that year. He by the Lord Treasurer's Warrant, the Chancellor's Warrant, the Vice-Treasurers Warrant, the Lord chief Barons Warrant, the King's Attorneyes Warrant, out of the Court, and in the Court by the Order of the Barons, doth make all manner of process, Writs, Commissions, and Injunctions for matters on his side, and maketh stays, 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 examined by the Clerks of his Office, are delivered over by the Roll of Estreates to the Clerk of streets to write out, who setteth his hand to the said Roll for receiving of the same. He layeth every Lent yearly a Remembrance of the 5 year before, & dothregister & make up clear all the Records of the same, or discontinueth them that cannot be made perfect, and inrolleth process anew of those matters, and so receiveth the same by new writing them out again. In which time also of Lent, he entereth also every Writ in that Roll of Writs of that years Remembrance that is Law, and all the Homage Writs of the same, and likewise all the fylances of his Office of every Term since that Remembrance, than 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 enroled in the Roll of Writs, of that year, and so are received 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 special Anthorityes, Assignments, and matters appointed to his Office by the Articles of the uniting of the late Court of augmentations to the Exchequer, which are referred thither for breifnesse, and for more certainty at large of the same. Sheriff's Accounts. HE, if the Sheriffs do account by improvement, and have no tally of Reward after the Secondary hath cast up every Sheriffs first sum, doth examine it; and seethe that the same be made only of Sheriff's vicommells, upon which he giveth him allowance, first of his proffers paid by tally, and then of all such allowances, as are given him by Act of Parliament. Then after his said Secondary hath made up the Sheriffs second sum upon his De debitis plurimum, which be his Tots and upon his De pluribus debit is charge which be his green Wax, and his whole as before, or so many of them as he is charged with, he causeth the Sheriff's foreign accounts to be cast up, and chargeth first to the same second sum, the old seizures thereof, which be Lands and Tenements seized before by his predecessors, upon the process of the Court, and then chargeth the Sheriffs own seizures to the same, which be of lands & Tenements seized in his own time by Process of the Court, & so addeth to these such Felon's goods as he hath seized himself, After which things done, he giveth him allowance of all his payments, deductions, annual Charges, and so bringeth the Quietus est: And if the Sheriff do not account by Improvement but hath a Tally of reward, than the said Secundary doth make up but one sum to such Sheriff of his whole Charge aforesaid. Escheators Account HE conveyeth yearly into the great Roll briefly, the Escheators accounts of every Shire into the pipe of the same Shire where he is Escheator, he entereth the same and maketh his allowance both of his proffers and of all his petitions he maketh in the Treasurors Remembrancers office, in discharge of his debt, and so is the Escheator brought down also to Quietus est. Roll of Accounts HE doth every Lent make up a great Roll of all the said accounts, as the Kings and Treasurors Remembrancers do lay every lent a Remembrance in either of their Offices, and such debts and Remains as be not, or cannot be made quit and clear 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. Customers Accounts HE hath for all the Customers accounts yearly a Book called the Customers Roll into which every Customers Charge and Allowance is Conveyed yearly and the debts and the remains in them are from thence conveyed over from time to time in the great Roll, and are summoned out, or Written for the process from Schedula Pipa, where they are entered also to be the ground of the Treasurors Remembrancer to make the process by. Rolls of Subsidies and Fifteen HE hath even so special Rolls for all such Subsidies and Fifteen granted to the Prince by act of Parliament, called the Subsidy Roll of the Clergy, and the Subsidy Roll of the Laity, and the Roll of Fifteen of such a king, or of two or three Kings together as it falleth out, or may be continued, Into which he entereth the several accounts of the several Collectors, and of such debts as remain unpayed upon any of them, are conveied likewise into the great Roll, most meet for the same to be Charged in, and so are summoned out also, or written for by process from Schedula Pipe, by the Treasurors Remembrancer as aforesaid. Rolls of the Wardrobe and Coffers HE hath likewise a special Roll for the Wardrobe and Coffers accounts together called Magna Guardrobe Roll, and the cofferers Roll, into which their accounts are engrossed, and the debts in the same are Conveied over as afore into the great Roll, save that the Cofferers yearly Remain standeth still into his next years accounts do pass to be examined and Charged, and so is still on from year to year. Rotulus examinatus HE is an Officer that maketh a yearly account in his Office of all the Ancient Revenues in the Exchequer that was there before the uniting of the late Court of augmentations and the first fruit and tenths to the same. He putteth in Charge yearly into his Book called the great Roll, all Sheriff's accounts Escheators accounts, Bailiffs accounts, and men of certain Towns accounts that are called to account by the Treasurors Remembrancer. He maketh therein the Charge of the said accounts for the Counties, Cities, and Towns of the Realm, 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 Towns as it falleth out by order of the letter. He maketh the first Charge of every Sheriff to be his vicommells, which be under the second titles Post tras dat. et Profic: comitat: as they call them. The first whereof seemeth to be lands and Tenements in the Conqueror's hands after he had given away as much as pleased him at his Entry. The second seems to be those lands, tenements, Rents, services, and profitts which came to the Crown afterwards by Attainders, Forfeitures, and seizures, most of which where they be are not known to the Sheriffs of the Realm, but yet many of them are gathered up in rents by their Bailiffs, as known to them by tradition and succession and so are either paid or made up by them to so much as he is charged with yearly in the Pipe. Farm Rents and services. HE after this, doth Charge him with the Fee farm Rents and services of the shire, but are reserved there, and drawn down into the great Roll out of the yearly original of the Chancery streated as afore into the Treasurors Remembrancers office, which Clerk of the Pipes Secondary 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 Crown, he draweth them down 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 summoned out before by the Controller of the Pipe to the Sheriff of that County. 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 Crown, are to be put into Schedula Pi. that is mentioned, before the Treasurors Remembrancer make out the Writ of Reversion to inquire thereof; and to seize the same. Oblata or old Debts HE maketh oblata the next title of the Charge of the Sheriff, with the old debts brought as it were together from precedent years, and be written from other Rolls to the Sheriffs of that year, and after that title, he setteth to his Charge Nova oblata, which be as it were new debts brought together, and drawn down from Customers accounts, or Escheators accounts, or recovered and set down from some one of the Remembrancers 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 foreign Opposer hath made up the scroll, and sum of the green wax of every Sheriff in the several 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 streets of the Fines, issues, and Amerciaments that came from the King's Bench, the Common pleas, the Justice of the Peace, the King, or Treasurors Remembrancers side. He strait 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 drawn down either from any Record of any of the Remembrancers of the Exchequer, or from any other ground, matter or seizure of the Court, and be so brought together. And the Sheriff Answereth as he hath Cause to every sum, viz. such a sum within liberties, and showeth whose they be Then the foreign Opposer setteth against that sum, the name of the Owner of the liberties, and if he have the same in Claim by Ancient Precedent either known or certified to the sorraine Opposor out of the Pipe, he giveth the Bailiffs of the liberties allowance thereof, and maketh Clamen in the margin in the original Record against the sum, otherwise he maketh special tot. against the same sum thus: or or: in which pricks, and by which pricks of use, he knoweth whose liberties the same pricks do mean, Then the Sheriff going on, and saying to another sum tot. the foreign Opposor marketh it in the margin in the original thus without pricks, and so that is a Charge to the Sheriff only And after the Sheriff saying to another Summa nihil, the foreign opposor doth mark also against the Summa in the Margin in Rottulo. 21, or 13 as the Street is of the year of the King Whereof the opposal is. and he goeth through that original record, his whole liberty of the rest of the Sheriffs green wax streated unto him, and marketh every sum in such wise as before. He afterwards maketh the Sheriffs scronle in parchment of all the totals, with pricks, & casteth up the several total sums if they be in severali natures, & where any Δ ' with pricks is wthin any such total 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 total Summa C. quibus C. D. ball. libertat. C. F. venit per G. H. Attorn. suum et V inde 51. et sic debit, fifteen pounds, and so every Bailiff from the said scroll 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 himself only. He saith that he leaveth the Nihils that be marked in the Margin of the Original Record in Rotulo 12. or 13. as aforesaid, for the Clerk of the Nihils to write out by his said marks in R when they be delivered again into the Clerk of the Streets 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, laid out before the Sheriffs for the Justice's wages, according to the Statute, of the which allowance, and of the particular names of the Justices, the said foreign opposer doth deliver a Roll into the Pipe for the Clerk of the Pipes Warrant to allow the same wages to the Sheriff. Clerk of the Streets. IS the Officer that receiveth yearly out of the Treasurer's Remembrancers Office, all the Streets of the King's Bench, the Common pleas, the Justices of Assize, the Justices of the Peace, the King's Remembrancers side, his hand from time to time made in the said Roll of the Streets, there testifying the receiving of the same. He writeh out yearly all the said Streets to every Sheriff of England, as they in every shire at the two Liberates of the Exchequer, that be every Hillary Term and Trinity Term, for to levy and to answer all the sums of the same. He maketh Schedules in parchment under his hand agreeable with his Streets, sent out as before with the sums of the same truly totalled, when any Sheriff will make petition to be discharged of any sum in the same by good matter offered. The Auditors of the priests BE they that take the old great accounts of the Exchequer, as Ireland, Barwick, the Mint, the Loan, the Wars, the Ships, the Provisions, the Hamper, the Ordnance the Clerk of the Works, and such like remembered before, who now declared the same before the Lord Treasurer, the Chancellor and under Treasurer only, and be never entered 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 process forth, sound merely desperate and illeviable upon the parties, that own them, either alive or being dead, upon their heirs, Executors, Administrators, their Goods, Chattels, 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 summoned out of the Chancery, afterwards to be sufficient to answer either the whole, or some part of the debt. They have other special Authorityes, Assigments, and matters appointed to this Office, by the Articles of the uniting of the late Court of Augmentations to the Exchequer, which are referred thither for breifnesse, and for more certainty at large of the same. Remembrancer of the first Fruits and Tenths. HAth his Office wholly 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. The controller of the Pipe. IS an Office that was first devised to keep a control of the Pipe, that should write and keep every year a like great Roll in every matter of charge and discharge, as the Clerk of the pipe doth, and should lay every Lent such a one, as well as he, but (as I learn) not 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 farms, and sometimes his Oblata, and likewise the second summons every Trinity Term, wherein he writeth his Nova oblata, and casualties, and so upon the opposalls of every Sheriff, he may if he list see how every of them do O. Ni. or rot. every Term of the same. The Clerk of the Pleas. IS the Officer in whose Office, all the Offices in the Court of the Exchequer, their Clerks and servants, all the King's Majesty's Tenants and Farmers of any of his Lands, and Tenements, and all manner of accountants of the Court of the Exchequer, during the time of their bar, so should be sued in, or may implead another, or any stranger in any Action upon the case, or of trespass, debt, De Ejectione firmoe, of Detinue, or such like, as are sued in the King's Bench, He hath every suit prosecuted in his Office between party and party, that is removed out of any Court at Westminster by the red book, or out of any Court of Record elsewhere in England, by any Writ of proviledge for any of the said persons that are privileged 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 privilege. He in his Office bringeth all matters to an end, and either upon Nihil dicit or by Demurrers argued, or by verdict tried in Court or by Nisi prius at the Gaild Hall in London, or at the Assizes in the County before the Justices of Assize, and so by the Judgement given upon every of the same, whereupon the party with whom Judgement is given for his Execution, hath against the party condemned a Capias, an Alias, or Plures, and Fieri facias. The Foreign Apposer IS an Officer to whom all sheriffs after they are opposed of their sums out of the Pipe, do repair to be opposed by him of their green wax, who appointeth them a day certain for the same, and so the sheriff pays for the Clerk of the streets against that day to bring to Westminster, the Original Books and Records of their green Wax. He at the day of the said apposall appointed, taketh the sheriffs streets, and causeth his Clerk to look upon it, and he himself readeth the Origin all Record, and apposeth the Sheriff, what he saith to every sum therein, and the Clerk seethe the sheriffs streets, if the Original do agree with the Wax. The King's Attorney General. HE is made privy to all the Answers put in upon the said nformations, and either demurreth thereupon, or replieth 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 yieldeth and suffereth the party to amend his plea, answer, and rejoinder, and so proceedeth to the joining of an issue. He is made privy to all Replications drawn from the King's side, and altereth and amendeth the same after his own liking and so is he likewise to the parties rejoinder against the King, and either confesseth the plea, or the party Defendant, upon the same, either suffereth it to come to a trial by Jury at the Bar, or by Nisi prius in London, or in the County where the matter lieth, and so come all matters of plea to judgement, and an end, either upon the King's Attorneyes confession, or by trial of Verdict, or by Demurrer, or by Judgement of the Court alone, or upon a Nihil dicit by the King's Attorney. He in some cases will not confess the plea for the party rising upon the process of the Court, though it were reasonable he should without the King's Majesties Warrant, 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 party for the Prince, and so refers him to the Court. He maintaineth his Informations, Replications, the King's Right and process of the Court, against all Counsellors, solicitors and Witnesses at the Bar, both in the Court, and in the Exchequer Chamber for the party, and upon the opening and avowing 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 enforced according to the Law to join issue, or demur in Law with the Defendant as he thinketh will serve best for the King's Title. He oftentimes, when the issue upon the Plea comes to trial 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 trial, and sometimes fearing the partiality of the whole panel and suborned Witnesses, he bringeth the matter to a Demurrer in Law upon the opening of the Evidence, and so saveth the King's case politicly. He deviseth all the Assurances the King's 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 paid at days, or else to be forfeited, which Indentures, Deeds, Fines, Recoveries, and other such Writings, he delivereth now into the King's 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 lie according to the assurance. He suffereth sometimes the Informers upon popular Actions, to put in their Information in their own name, when it is better the party Defendant be so prosecuted, or that he is of some fort an acquaintance, and so more meet that way to be sued. He commandeth all the Remembrancers that there be no proceed 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 King's learned Counsel, as the case shall fall out. He suffereth sometimes the Demurrers for the King to be argued, by other learned Counsel, than the King retains by the party that followeth the King's suit or his Tenant, or for his commodity, or for some other respect, He suffereth so the parties sometimes that follow the suit for the King, to bring other Counsel to the Bar then the Kings, to open, plead, and defend the King's Title when he is in Court, and guideth them for the King. He maketh Warrants to all the Remembrancers to make all manner of Commissions, Process, writs and Injunctions, as the Lord Treasurer, the Chancellor, the Vice-Treasurer, and the Lord Chief Baron doth. He, when he understandeth, or is complained unto, that any stay, lingering, or Supersedeas is of any process or execution for the King, doth call strait upon the Officers where it lieth, and asketh why such a process or matter stayeth, and being informed of the cause, and it is by the Lord Treasurers, Master Chancellor, Vice-Treasurer, or the Court's 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 stayeth any process matter or cause of the King but being moved there of by the chief Officers of the Court, he will seem for a time content, and leaveth the same to their order, yet he is content to give all suitors days to appear to show their Rights, and bring in their Answers, Rejoinders, Writings, Evidences, and Patents. He with the Lord chief Baron and the Court Pro misis parcandis, doth set Fines for Compositions upon any Information depending in the Court by any special Statute, and thereupon the party defendant is discharged, and the record made up to show how he hath Compounded, And so is drawn and set down from the Roll of the King's Remembrancers side and is charged and discharged in the Pipe as is aforesaid. He certifieth into the Clerk of the Street office yearly in the Exchequer, all the King's moities recovered, and fines for Impositions made in the King's Bench upon all penal sums or penal Statutes, and pay the same yearly into the Receipt by tail, and being set down into the Pipe by the Clerk of the Street, he hath his Quiet us est, for the same The King's Solicitor SItteth next to the King's Attorney in place, & sometimes Answereth the Bar, or the Court on the King's behalf, both in the absence of the King's Attorney, and when he is present, but otherwise he meddleth not any way with the King's Attorneys office. He ceusidereth with the King's Attorney all the King's Majesties hard and doubtful cases depending in Court, and showeth 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 King's Causes that he and the King's Attorney hath for matters depending in the Exchequer to inform 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 King's Attorney all the Demurs that be in the Court for the King, and sometimes alone without the Attorney with other learned Council out of the King's fee, that are retianed with him on the King's side by the party that followeth the suit for the King. The Auditors of the Exchequer BE they, That before the late united Courts to the Exchequer, did take and make all the accounts of the Ancient Revenue there, and now they take also the accounts of the receivers of the late Augmentation 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 Fifteen, or the cofferers accounts, but by Assignment in open Court by the Marshal, and so entered in his Book, to the intent no accountant shall seek an Auditor of his Choice. They wait on some of the three younger Barons with every such account when it is engrossed who examineth the particulars, and the totals of the same, and seethe if then the same account be strait 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 indeed. AB: Auditor CD: Clericus AND so it is deliveered by the Baron or Anditor first into the King's Remembrancers Office, and so from time to time to the Lord Treasurors Remembrancers Office and so from him to the Clerk of the Pipes Office to be entered as aforesaid in the Roll as it should be after his nature as aforesaid. They cast out all Sheriffs in open Court, viz. two or three of them lay the sums and charge of their accounts as they be read to them in open Court by the Clerk of the Pipe, and then they allow out of the same, their Annual Deductions, and such petitions as they make and be, read them in sums in open Court, and so try them either Aeque, or surplusage, and if both or all the Auditors casting do agree, then be the Sheriffs delivered out of the Court by Proclamation of some one of the Ushers. They ride every Michaelmas Term to their Audite, kept at the King's Court in every shire as they are allotted especially unto them, where they take the Ministers accounts of the late Augumentation Revenue, at places certain appointed before by their precept, and sent out to the Bailiffs, Reeves, Collectors etc. and there by order from my Lord Treasurer, Master Chancellor, and the Vicetreasuror, they have Authority to give certain Allowances of reparations not exceeding the sum of where the kings is not bound thereunto and to do the ordinary things of their Audit. They make a brief declaration of every of their Receivers accounts every Lent before my Lord Treasurer, master Chancellor, and Vicetreasuror, and show their last years Arrearages, and what every of them have paid in livery money as in debt upon the same. He is then ordered to pay into the Receipt according to the Statute upon the determination of his accounts, or is respited by the said chief, Officers, as they see cause for the same. The Receivers BE only of the late Augumentation Revenue united of late unto the Exchequer who receive by Statute of all tenements the Rents reserved upon any the said late lands and likewise the Rents of the Farmers and all such moneys as the Collectors, Recyes, Bailiffs, Ministers of the said Revenue, do gather up within their Schedule receipts as either payable half yearly or found due upon account. They pay all Pentions within every of their receipts, 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 forfeit their office, and they and their Sureties are extended besides. The Surveyors BE only of the said Augmentation Revenues and now are commonly put into 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 Manors lands, and Tenements, as the Court hath occasion, and doth think meet from time to time for any cause to be surveyed. The Attorneys and Clerks of the King's Remembrancers Office. ALL those that are conmmonly retained by the parties in all suits and matters of the Office to appear 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 king's Majesties right, and title, but that which is orderly, usual, and justifiable in open Court, and besides every of them doth from time to time that which belongeth to his place and seniority in the Office aforesaid. The Attorneys and Clerks of the Pipe HAve assigned unto them and every of them special, certain Shires of the Realm by the order of their Office, according to every of their Seniorities, to the which every of them are toward, and likewise to all the Accomptants of their own Shires, and to every matter in the same, whereby one of them meddleth not with another's Shires but every one of them are retained for the Clients discharge and to bring every of them his Quietus est, but yet as he doth nothing uncomely or untruly to hinder the King's right, and then besides, every of them doth in the Office what to his place Anciently appertaineth. The Attorneys and Clerks of the Clarks of the Pleas Office BE they that be retained between party and party in all suits commenced or depending there, who are in all orderly wise to follow their Clients Causes, and to make their Pleas, Answers, Replications, and Rejoinders upon the same for learned Council to Consider, and to do nothing therein but what is lawful, comely and usual in the Court, and every of them doth besides that as belongeth to their place in the same Office. The joiners of the tallies BE the second Deputies of the Chamberlains for that purpose, and are sworn at their Admittance to serve truly, who from time to time receive out of the receipt the Foils of all Tallies stricken there for any manner of person, and file them strait upon a string, which so filled, are kept under both their keys in their Chests, and when any man bringeth any stock of those to be joined that must be first done, ere they can be allowed in the Pipe. The said two Joiner's seek strait out the file of the same where it is filled, and taking it off, do see if the stock and the file do agree in hand, letter, and joining, and be without suspicion, and then do they prick them both usually with such marks with their marking Iron, as usually showeth the stock to be joined then with the same tally, and the day of the joining thereof is entered in a Book with the letter and sum thereof, and afterwards that tally ie filled anew in the Term, that it is joined and so kept, And then one of the said two Joiner's delivereth over the stock that is joined into the Office of the Pipe, and that party never handleth it after, and so it cometh to allowance. The two parcel makers BE the Officers that gather out, and make the parcels of all the Escheators accounts and be appointed to receive under their hands out of the Treasurors Remembrancers office set down in the Roll of Streets there, all Transcripts of Offices sent yearly thither out of the Chancery that be found by any Escheator through the Realm, Then they are to make the parcels of any Escheators accounts in any shire, they do call for the precedent account of the Escheator that was the year before of that Shire, out of which they gather first the parcels Veterum Escaetorum, that were in the said last years account, and continued still undischarged, and set them down 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 drawn first, than they gather the parcels of the new Escheators own Offices he found in his time, and set them down in the same Roll in like fullness of letter, yearly vave, tenure, and State, as they appear in the same offices, which roll is incituled thus, Particular account A. B. Escaetor Com. Canc. & Middlesex etc. from such a day etc. And then in the margin of the Roll where the parcels do begin, there is Veterum Escaetorum, and so be these parcels still Conveied down, and being ended, then is set in the margin of the Roll again Nova Escaet. against the first parcel, beginning with, going down, and ended, there is set in the margin of the same roll, Ter. & tenem. & cattle. attinct. utlegat. fellow. & fugitivors. whereof the parcels 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 parcellmakers, which be the whole Charge of the Escheator, And they delivered those parcels so summed up to the Auditor to whom such Escheator is assigned, and by the Marshal; and he Verbatim, accordingly doth engross up his account, which passeth further on in the Court, as before is declared. The Clerk of the Nichills IS the Officer that repaireth to the Clerk of the Estreate every year, and seethe what Nihills be marked in Rottulo, in the whole Liberate, of the green wax sent out that year, which Nihills be issues, that the Sheriff that is opposed doth say be nothing worth, and illeviable for the insufficiency of the parties that should pay them, whereupon 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 Streets 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: enrolled against such Sheriffs as have their issues marked in Rottulo, and Nihills which they returned, to know why they should not Answer the king's Majesties the same Nihills which they did return for good issues, and leviable upon the parties on whose head they were set, which Sheriffs so summoned, must either come in and justify them leviable, and prove them, and then he that Nihilled them, or else the Sheriff that cannot so justify them, must pay the same himself, whereby it appeareth, the Court and law provideth, that the King's Majesty shall lose nothing that he hath right to. The Seal of the Court IS the Officer that keepeth the Seal of the Court all term time under every chancellor, and is bound to Attend and seal all process, Commissions, Injunctions, Exemplifications, and writts whatsoever, that be brought to him in Court, ' or out of Court, from any of the Officers that have Authority to make the same (except he have contrary Commandment, or his masters, or some of the chief Officers of the Court do make stay sometimes of some of them for some special matter thought meet and expedient) who in many cases hath Fees for sundry of them whem they be sealed for the party, and not for the King, but upon allowance at the liberate. The Chief Usher IS he that by inheritance hath the keeping of the Court, the Exchequer Chamber, and the house with all the Appertenance where the Court dines, when they sit about the King's business, who maketh provision for all the necessaries both of the Exchequer and of the receipt, and hath allowance at every liberate thereof again, and seethe to all places of the Court, that all doors, chests, Records, and things be in safety from fire, water, or spoil, and giveth knowledge of them accordingly, and as it needs, and hath the oversight of the residue of the Ushers, and the six ordinary Messengers of the Court, that they deliver truly from time to time to the Sheriffs and all others the King's process; and bring the Sheriff's Bills subscribed from time to time for the receipt of the same, which he doth exammine by his Book that he keepeth of the liberate of all the King's process every term, wherein is set and totalled up the number of writts and process that goeth out every term, and to what Sheriff they be sent, and out of what Office in the Court. The Marshal of the Court IS an Officer to whom the Court Commits sometime the Custody of such a one as they will not for the time send to the Fleet and yet is thought meet in that wise for some Cause to be Committed. He assigneth in open Court, all Sheriffs, Escheators, Customers, Collectors of Subsidies and Fifteen, and such like Accountants when they have taken their oath to the Auditor, before whom every of them shall account, whereof he keepeth an ordinary book, and deviseth so by the Court that the Accountants should never choose his own Auditor, to practise or help himself 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 Original into the Treasurer's Remembrancers Office to be delivered by the Roll of Streets, there to the parcel makers to charge the same in such Escheators parcels when he cometh in to account. The Four Ordinary Ushers BE such as with their stick, attend upon the chief 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 days of prefixion, and times appointed them by Law, and the course of the Court, and to do all other things that are commanded. The Praysors of the Court 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 Merchandise, that information is put against in the Exchequer, as seiled here in the Port of London, or in any other Ports of the Realm, as Custom and Subsidy thereof not paid, which Praisors of old time were chosen here of Merchants of the City, as it fell out, and as they were taken up by the Sheriff to prise the said Wares, whereof they had skill, and now by the use of time, the said standing Praysors, that are appointed by the Vice Treasurer to be certain, have a certain small fee a piece, of and upon every appraisement. The four Tellers of the Receipt ARe Officers of the Receipt, that receive to the King's Majesty's use, all monies paid in there, and do make new dated parchment bills, under their hands with such Counties names, letters, words, and sum in the same Bills, as serves briefly to make it to appear for what cause, and by whom, every such sum of money to them is paid, and many years since they were in the Receipt, Ponderatores, and Fusores, at which time it seemeth the money was so well kept, that the tale fell out even with the weights, and Fusores were then melters of the money, to make assay of it into the Balance, that it might be weighed. These now deliver their parchment Bills to the party that payeth the money, but cast the same down out of the Office by a hole made for that purpose, upon the Board 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 money, and were yet afterwards much vexed for the same with process. They may receive all men's money that are to pay any into the Receipt, save the general Receivers, and the Bishop's Collectors money, who are assigned to each of them specially by name, that their payments and arrearages may even appear at the eye, because they use much to be behind hand, and are for the Non-payments to be charged by the Statute. They cannot now pay any money for fees, or upon any privy seal or Warrant, without a Debenter first sent from the Auditor of the Receipt, whereby is known still most certainly what money is paid, and what remains in every of their hands from time to time. They keep every of them a rough book of every days receipts, as they fall out in every kind of payment made unto them, and they title their said books into half years' receipts, as thus, Michaelmas receipt to Easter, and Pasch. Receipt, for all moneys Paid 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 received. They make every half year out of this their rough book, a fair paper book of every of their said half years' receipts, and from their rough books they do sort out in the same, all Receipts of Revenues together, which be of payments only of ancient Revenue of the Exchequer, and of the late Augmentation Court, and not of any money granted the Crown by Parliament. Then next to the Revenue, they sort in the same fair book all Receipts of money granted to the Crown by Act of Parliament, or of Subsides of the late Subsidies of the Clergy, the fifteen, the yearly Tenths of the Clergy etc. 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 several kinds of Receipts, and doth total up thereupon their whole years receipt with the remainder in their hands of their last half years' accounts before. By which fair book every of them do make their count books, they deliver half yearly to the Auditor of the receipt 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 thereof, is set as it were Comp. A. B. Term. Michaelis octave Regis Jacobi finium ad nonum incipiente tempore C. Domini Thesauri Angliae. Then is there a great down right line, and drawn in the midst of every the said skins on the left hand of every such line, which receipts and payments be never totalled up by the Tellers, but are left to their auditors to do, who casteth up the total of their Receipts, with their said last half years Remainder, so maketh their full charge, and then doth he total up their payments in the other side, and in the end doth make clear remain of that half years' accounts. The Clerk of the Pelle. IS called by the ancient Records (as I learn) Clericus Dm. Thesauri, who keepeth the Pell in parchment called Pellis Recepti, wherein he entereth every Tellers said parchment Bill with his name on it, and writeth under every such parchment Bill that is entered 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 razing as they say, when men are forced a little to mend the Letter of their Tallies, but even before the first Entry of every Tellers Bill was made in the Pell itself in Parchment, and done in open Court, and so it is now afterwards engrossed up by the said book at leisure. He also in old time kept the parcel of issues in parchment, which were called, Pellis Exitus, wherein was entered every days issuing of any of the said monies, and by whom, what Warrant, Privy seal, or Bill it was paid, which of late was received to be kept by him in the old Treasurer's time, and thought then very necessary, but now since (as I learn) it is laid down again, as thought not so necessary, the Receipt being ordered as it is at this day. The Cutter of the Tallies. IS the Officer that provideth a seasoned and proportionable hazel 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 upon, and he casteth them into the Court from time to time, when any of them be called for, and receiveth his fee of the party that sueth it out. The Comptrollers of the Pell BE the two Chamberlains Clarks that should either of them keep a Controlment of the Pell, and make forth in onp Court, like entries of every Tellers bill into like Bells of Parchment, as the Clerk of the Pell doth, and that Verbatim, which now here be sometimes kept, and sometimes not, the sees thereof are so small, and the Pell by process of time is grown so great, that no man would willingly Write the controlment for the see. They were wont also in ancient time, either of them to keep a like controlment of the said Pell of Issues, and to make both theirs Verbatim, agreeing with the Pell of issues as afore, kept by the Clerk of the Pell, which these many years was not kept by them. The Auditor of the Receipt. IS the Officer that taketh up strait every Tellers Bill after it is marked Recordatur, by the Clerk of the Pell, and entered by the controllers of the Pell likewise, and syleth it strait upon a file, then h●s Clark called Scriptor Talliar. & contratalliaram, for whom his Master hath a see, writeth double upon every Tally the whole Letter of the Tellers, that where it is cloven, both the Tally and the stock thereof may have like Letter upon it, being dry, doth deliver the same second to the under Chamberlains 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 monies every Teller receiveth weekly, and of whom, and what every half year in his Michaelmas Receipt and his Pasch. Receipt, whereby he certifieth weekly to the Lord Treasurer, and others as he is commanded, how all the money of the Receipt particularly is paid, 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 any money out of the receipt, be it upon Fines, Privy Seal, or Warrants that they pay, which is to be made, and is very considerately done, that upon any restraint of payment given by the Lord Treasure or his order, his Lordship may be sure to have his Majesty's money kept still undefrayed, while the same be set again a● Liberty. He receiveth every of the Tellers Counter 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 nature, and then doth he cast up every of their said parchment bills of the half year, their Counter book before, and seethe the total of them; after, he casteth up the total of every of their Counter books to see if the total of every of them doth agree with the total of their parchment bills, and so doth make up fair the total sum of every of their Counter books, that be agreeable with their bills, and they that have any error 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●… on's, he maketh every of their clear remains upon their Counter books for that half year also, as he had done before, and so declareth all the said Counter books half yearly before my Lord Treasurer, when it is his pleasure. He keepeth the black book of the Receipt, and the Lord Treasurors key of the Treasury both where the ancient leagues of the Realm, and all the Perambulations of the Forests, 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 Westminister, where no search can be made without that key come, with both the Chamberlains keys thereof. He doth (now of late) see every Tellers money locked, and sealed up in the new Treasury, made for that purpose, when it is my Lord Treasurer's pleasure, or order so to have it to be; and keepeth or delivereth the key as he Commandeth. The two under Chamberlains BE both the Chamberlains deputies for the Receipt, and when the Tallies are written upon as before is declared unto them, one of them doth Cleeve the same even in the midst between the double letter of the Tally mentioned before, and then the Cleever taking the stick, and the other foil, and the Clerk of the Pell and his controller the Book where the said Tellers bills were recorded, the Cleever saith Examinatur, 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 delivered to the party, and the foil strait cast into the Chamberlains Chest, where they keep all their foils, together with their knives, and the Book of Doomsday, while the Joiner's fetch them away from time to time as they be occupied. In which Chest also, be kept the keys of the Treasury under three locks, whereof the auditor of the Receipt hath one key, and the two Chamberlains another key, and the Usher of the Receipt that is in the King's gift another key, who doth now attend by his deputy, and is to do all things there besides that, that other Ushers use to do, and keepeth the Receipt as the Usher by Inheritance doth the Exchequer. They make all searches in the Treasury for any Record at the suit of the parties, and Exemplifications of the same, whereof the Fees are divided between them, and the keeper of my Lord Treasurors key as of long time hath been accustomed. The Four ordinary Messengers of the Receipt BE the Pursuivants only Attendant upon my Lord Treasurer to carry his Lordship's letters and percepts to all the Customers, Controllers, and Searchers through England, and to ride and go where it is his Lordship's pleasure to Command. The Articles of the late Court of Augmentations and Revenues of the Crown annexed to the Court of Exchequer at Westminster The Lord Treasurer. 1 FIrst all Honers, lands, tenements, possessions, and all other hereditaments which are within the survey, rule, and order of the Augmentations of the Crown, and the Arrearage, of the same, shall be received, levied, and gathered form hence forth by the Sheriffs of every Shire and County within the Realm of England, where the said Honers, Castles, Manors, lands, Tenements & other heredizaments do lie, or by any other person or persons that shall be appointed by the Lord Treasurer and the Court thereafter, which Receipt the said Sheriff of every county, or other accountant so appointed, shall content and pay the Revenue thereof at the Receipt of the Exchequer in manner and form as hereafter shall be declared. 2 Item, the Revenues in wales, shall be yearly received by the Chamberlain there, or by any other person or persons that shall be appointed by the said Lord Treasurer and the Court as is aforesaid, the same to pay at the receipt aforesaid, and to be bound by Recognizances for the payments thereof according to the direction of the Court. 3 Item, the said Sheriffs or other accomptants to have a tally of reward yearly according to the Rule of their several charges if it shall be thought fit by the Lord Treasurer, Chancellor, Chamberlains, and Barons or by three of them whereof the Lord Treasurer to be one. 4 Item, that every Sheriff of England, or other accountant shall be charged with the Revenues aforesaid in his account from Michalmas, to Michaelmas, according to the Ancient laws and Customs of the said Exchequer. 5 Item, all such sums of money as shallbe due at the Feasts of the birth of our Lord, The annunciation of our Lady, or at the Feast of Easter, for the said Revenues, with the Arrearage depending upon all former accounts, shall be charged in to the said Sheriff, or other Accomptants in their views, and shall make the said view before the Feast of the Ascension of our Lord yearly, and to pay all such sums of money as shallbe found due upon the same before the Feast of Penticost than next ensueing, and where they be payable at Penticost, those rents to be paid before the Nativity of Saint John the Baptist than next following. 6. Item, if any former accountant or debtor hath paid any sums of money at the receipt aforesaid, before the making of the view aforesaid, that then the said Sheriff or other accountant shall be discharged by the payment thereof being of Record without any further suit or Charge in the said view of account. 7. Item, that all such sums as shallbe due for the said Revenue at the Feast of Michaelmas and Saint Martin, with the Arrearages due upon all former accounts, shallbe paid at the receipt of the Exchequer by the Sheriffs or other receivers, or accomptants (that is to say) as much as shallbe due at Michaelnsas, before the Feast of the Nativity of our Lord God, And as much as shallbe due at Saint Martin, to be paid into the receipt before the twentieth day of February, than next insueing, or otherwise make declaration unto the said Court of Exchequer of the payment thereof by virtue of sufficient Warrant. 8. Item, that every Sheriff, and other Accountant shall appear to his account in his own proper person, or by his sufficient Deputy Authorised in writing under his hand and seal in Hillary Term, and there to take an Oath according to an Ancient usage of the said Exchequer, and the same Warrant in writing to be delivered into the Treasurors Remembrancers office and there shall be filled, and entered of record, without taking any Fee, or reward for the same. 9 Item, the said Sheriff or other accountant, or Accomptants, or his, or their lawful Deputy or Attorney after his or their Appearances, to make their accounts for the said Revenues before the twenty fourth of February than next after, and the Auditor taking the said accounts shall deliver the same accounts engrossed in parchment Authorised and allowed by the hands subseribed of the Lord Treasurer, Chancellor, Vicetreasuror, and Barons of the said Exchequer, or by three of them at the least, whereof the Lord Treasurer or Vicetreasuror to be one, And with the hand of the said Auditor likewise subscribed into the office of the Pipe within the said Court of Exchequer before the twentieth day of March, than next following, as further process thereupon may be made if cause shall so require. 10. Item, that the Lord Treasurer, Chancellor, Chamberlains, Under-treasuror, and Barons, or three of them whereof the Lord Treasurer to be one, and in his absence, the Under treasurer shall have full power and Authority by their discretions from time to time, to give Allowances aswell to the Farmers and Accountant for the yearly reparations and other Allowances, as also to every person and persons that shallbe hereafter appointed by them or by the more part of them, for the doing and executing of any process or other thing concerning the premises. 11. Item, all Records of the said Court of the Augmentations that doth concern exemtion of any process for Indentures, Recognizances, obligations, and all records of Books of orders and decrees concerning the premises. shall remain in the Charge of the King's Remembrancer of the said Exchequer in such place or places, as by the Lord Treasurer and the Court shallbe from time to time appointed 12. Item, that all Commissions for woodsales, and Commissions for survey of any part or parcel of the premises, shall be made hereafter by the Treasurors Remembrancer of the Exchequer. 13. Item, all records and Books of the said Court of the Augmentations of the enrolment of Leases, and the Counterpaines of the said Leases and Warrants for making of the same, and all accounts that shall remain in the said Court concerning any thing or matter within their old order and survey of the same shall be and remain in the Charge of the Clerk of the Pipe of the said Exchequer in such place as the said Lord Treasurer and Court shall a ward, so that process may be made upon them Unde superius, as long as the case shall require. 14. Item, that all sealed Evidences, rentals, Court rolls, and other writings, and miniments whatsoever, touching the said Revenues, be placed in the Treasury house that shallbe appointed for that purpose by the Lord Treasurer and others the head Officers of that Court. 15. Item, Accounts to be taken every year and the Ingrossments in form as aforesaid to remain in the Charge of the Clerk of the Pipe in such place as shall be appointed by the Lord Treasurer and other the head Officers of that Court amongst the Evidences and the records of the Revenue of the land, severed from the Ancient records of the Exchequer. 16. Item, that all Stewards of Leets and Courts, shall yearly double their Court Rolls in parchment, and certify one part thereof subscribed with the hand of the Receivors before the Audit into the Court of Exchequer wherein should be contained the Fines made among the Customary Tennements, the Heriotts, the Amerciaments, the woodsales, and other Casualties with a declaration of needful reparations presented by the Homage making thereof a Streat to the Sheriffs of the Shire, or to such other Accountant, as shallbe appointed to the receipt thereof as he may thereupon make his receipt and payment upon the end of his account, and that no reparations be made at any time but by Warrant from the Court under three of the Officers hands, whereof the Lord Treasurer or Under-treasuror to be one, And the other part of the double of the said Court Rolls to remain in the Lordship, where the said Courts be kept. 17. Item, no woodsales shall be made without a Commission from my Lord Treasurer, and two such others of the Court as he shall call to have at that time and in his absence the Under treasurer calling to him two of the said Court. 18. Item, that no Steward, Bailiff, or Woodward be admitted, but only by the Lord Treasurer, Chancellor, and Chamberlains, Vicetreasuror, and Barons of the said Exchequer, or three of them at the least, whereof the Lord Treasurer or Under-treasuror to be one of the same Officers to pass under the Seal of the Exchequer by the Lord Treasurors Assignment under his hand, and the same Bill or Bills to be made in the Office of the Pipe there to be entered of Record, filled, and kept, for the yearly Allowance of the Fees, wages; and rewards of any person or persons, as hereafter shall be appointed to any of the said Offices. 19 Item, the Accounts of Hamper, the Butierage, the Staple of Calais, and the Revenues of the Courts there, the Prizes, the Mints, the great Guardrobe, the Customs of the Ports of Chester, Barwick, and Calais, to be yearly taken and engrossed by the Audi, tors of the said Exchequer according to the Ancient laws of the said Court, and as heretofore they have been accustomed before the Erection of the Court of survey and Augmentation of the Revenue. 20. Item, where in times passed there hath been continually 6. Auditors serving in the said Court of Exchequer, whereof at this day and of long time hath been remaineing but 5 having ten pounds for every year for his fee, it is now ordered, that there shall be seven to have yearly twenty pounds for his and their fees, and that every of the said Auditors be personally resident upon his Office. 21. Item, That every Teller of the Receipt be likewise attendant upon his Office, to execute the same in his own person, and not by Deputy upon the loss of his Office, and fee. 22. Item, For that the order, establishment and uniting of this Court be perfectly established with exercise, proof, and experience of the same, the King's Highness is pleased, that the Lord Treasurer, and the said Court of Exchequer, should have full power and authority from time to time to amend, reform, and correct, any clause or Article aforesaid, and to add to, or diminish any thing that shall be found necessary for the amendment of the same, and to make such further orders from time to time, as to the Court shallbe thought expedient. 23. Item, That all Rents and services reserved be answered in the said Court of Excheequer, and paid in the said Receipt, and likewise all debts, arrearages of accounts, and other duties and sums of money which have been answered in the said Exchequer, be paid in the said receipt. 24. Item; To call into the Court of Exchequer, all persons accountable in such manner and form, as they ought to have been called in the said Court of augmentation. 25. Item, That all Records of late being in the said Court dissolved, and belonging to the same Court shall be recorded of the same court of Exchequer, and of the same force and strength, as they were in the said late Court dissolved. 26. Item, A Leaguer to be made of all specialties brought into the said Court. 27. Item, That all Letters Patents, Grants, Leaves, and other Assurances, made by the said late Courts dissolved, shallbe of the same force and strength, as they were in the said late Courts dissolved. The Articles of the uniting of the late Court of uniting of first Fruits and Tenths, to the Court of Exchequer at Westminster. 1 FIrst, Her Highness doth ordain, that all the Records of the said Court, of the first Fruits and Tenths, shall be hereafter placed in the said Exchequer, and shall be of the same force and strength, as they were in the said Courts of the said first fruits and Tenths. Item, her highness is pleased and ordaineth that there shall be in the said Exchequer, a certain Office, called the Office of the Remembrancer of the first Fruits and Tenths which Office, for divers and sundry great considerations for and at the first erection only, shallbe exercised by two persons by her highness to be nominated, which shall jointly exercise the same office during their lives, and after the death of the Survivor of them, the said office to be exercised by one of them. Item, That all Records belonging to the same court of the first Fruits and Tenths, shall be in the charge and keeping of the said Officer. Item, That the said Officer shall make and deliver the true values of all spiritual promotions, dignities, and benefits within the Realm of England and Wales, and other the Queen's Dominions to such persons as shall sue for them, taking for the same like fees as were wont to be paid before the dissolution of the first fruits and Tenths. Item, The same Officer shall take composiions of the first Fruits of every Arch Bishop prick, Arch-Desconry, Deanery, Prebendary, Parsonage, Vicarage, and of every other dignity, office, benefice, promotion spiritual aforesaid. 6. Item, The same officer to make all writings obligatory, Indentures, and all other writings concerning the same first fruits and tenths, and shall see the same sealed and delivered, by the parties to the Queen's highness use, and also shall make Acquittances and other discharges to such as shall pay their money in hand without making bonds for the same, taking fees accustomed of the parties for the same. Lord Treasurer. 7. Item, The said Lord Treasurer to call such persons as shall please him to his assistance at the declaration of the foresaid accounts, or any officer or auditor of the same Court, that to them shall be thought meet for the passing of the same accounts. 8. Item, The accountant or accountants that shall not come to determine his or their accounts in form aforesaid, his or their goods and lands shall be seized to the Queen's use, nomine districtionis, and shall lose the benefit thereof, and that shall have the allowance of the same in discharge of his debt according to the ancient custom of the Exchequer. 9 Item, all Sci. fac. attachments, and writs of distresses for debts, or accounts concerning the premises, shallbe made by the Treasurer's Remembrancer from time to time, as to the discretion of the Court in that be half shall be thought meet and convenient, according to the ancient custom and course of the Court. 10. Item, All Letters Patents of any Manors, land, tenements, or other hereditaments or concerning any annuities, pardons, or other such like, shallbe enrolled in such office of the said Exchequer, as by the discretion of the Lord Treasurer and the said Court shallbe appointed, the parties to pay fines according to the ordinance and statute in that behalf provided. 11. Item, All recognizances of payments of any farm, or any debt, of or for any part of the premises, to be enrolled in the Remembrancers office, and to be taken in the open Court, when the Term is open, & if the Term be not open, then by the chief Baron, and in his ablence, by any of the Barons, and by force of a Dedim. Potestat. if necessity shall require, taking for every such recognizince, taken out of the court, 6 s. 8 d. only whatsoever number of persons be bound in the same, and for the entry of the same recognizance, the said Remembrancer shall have, and take for his fee of and for every Recognizance of 41. and upwards, 3 s. 4 d and no other or more Fees to be taken for a Recognizance, whatsoever number of persons be bound in the same. 12 Item, that the said Sheriffs or other accomptants shall yearly pay all such sums of money, as shall be due to any person or persons for any Annuities, Fees, pensions issueing or going out of any of the premises according to their grants allowed and enrolled, unless they shall have special Commandment by the Court to the contrary. 13. Item, that the Farmers, and Loesses shall be bound to the Queen, and by Recognizance to perform their Covenants in their Leases in such form, as by the Court shall be ordered. 14. Item, all Warrants for leases to pass by the Lord Treasurer, and if the yearly rent of the land to be let, shall be above the sum of forty shillings by the year, than the same lease to pass under the great Seal of England, and if the rent be above the value of 71. 13 s. 4 d. then every such lessee to pay the Fees of the Signet and privy Seal, as hereto fore in like Cases hath been accustomed; And if the land to be let, do pass not the yearly rent of 40 s. then the Lease to pass the seal of the same Court of Exchequer paying 6 s. 8 d. to the Queen's use, 3 s. 4 d. to the Chancellor of the said Court, and 4 d. to one appointed to Attend the seal for his Attendance, and wax. And the said Leases under the value of 40 s. to be always made by the Clerk of the Pipe, and filled together for every year by themselves, and there to be enrolled within the said Office, as the said Clerk of the Pipe may report the Indentures for the more surety of the parties, taking for the enrolment as shall be ordered by the Court. 15. Item, the said Lord Treasurer shall not have any Authority to make any lease in Reversion of any part or parcel of the premises, or of any woods, or any Manors in gross for the term of certain years without the Queen's highness special Warrant to him to be directed in that behalf, and then Warrant to be made by the Lord Treasurer of England in form aforesaid. 16. Item, the Lord Treasurer taking to him the Advice of the Chancellor, under-treasuror, and chief Baron or two of them, shall have Authority to assess Fines for any Leases of any part or parcel of the premises to be made by the said Lord Treasurer in form aforesaid. 17. Item, the same Officer to write, and make all manner of process, Commissions, Entries, Books, Judgements, and decrees of the Court, with all other writings and miniments whatsoever, aswell for the arrearages of such first fruits as for all Tenths, and Subsidies of the Clergy due to her highness' heirs, and Successors by such special persons their Sureties, Farmers, and occupiers, taking therefore such Fees of the parties, as were used before the dissolution of the same Court of first fruits and tenths. 18. Item, all Certificats returned upon any Commission issueing out of the said Court of Exchequer concerning any first fruits, Tenths, or Subsidies aforesaid the valuation of any Benefice, or promotion spiritual omitted in the first Taxation or otherwise, for any matter accustomed to be determined in the said Court of the Exchequer in the charge of the said Office, and there to be ordered. 19 Item, all such Certificats as the Archbishops and other Collectors of the Tenths, and Subsides of the Clergy, made against the Incumbents resusing to pay their Tenths and Subsides being exhibited before the Court of Exchequer, and by them allowed, shall remain in the Charge of the said office of the Remembrancer of the first fruits, and Tenths, in the place to be appointed for the same, to the end that process may be made against such Incumbents as be in them contained. 20. Item, that the same Officer shall yearly make a Leger of all Compositions of first fruits taken, and to be taken, wherein shall be contained the name and shire of the Benefice so compounded for, the samm, and name of the Incumbent. Of English Bills and the proceed thereupon in the Exchequer. AN English bill is a petition in English exhibited by the plaintiff to the Lord Treasurer chancellor and Barons of the exchequer in case where the plaintiff supposeth he hath right to recover the possession of lands or goods detained from him or debts due to him or to have remedy for some other wrong done to him by the defendant that he hath no evidence nor specialty to show forth nor can make any such proof as is required by the strict course of the Common Law to recover or have remedy for the same, but supposeth that it lieth in the defendants own knowledge and that he will confess the same in his answer. And in case where the plaintiffs sued at Common Law for the possession of any lands or for any goods, chattels, Debts or other things against which he can make no sufficient defence by strict course of the Common Law but in equity and good conscience ought to be relieved and get either wholly discharged or the extremity mitigated and moderated and supposeth that the defendant will confess in his answer the truth of the matter by him alleged. Every plaintiff that shall exhibit any such bill ought to be privileged either in person as an Officer or Clerk of the Court or servant to some of them or an accountant or Debtor to the king or otherwise or else in the cause as if that concern the king in the inheritance, possession or interest of any lands, tithes, offices, goods, chattels or Debts wherein the plaintiff likewise pretendeth to have Interest in right of the King. or if the plaintiff besued by English bill or action or extent or other process in the same Court for the same matter. The King's Attorney also may exhibit English Bills in the Exchequer for any matter concerning the King in inheritance or profits and in like manner any person that findeth himself grieved in any cause prosecuted against him for and on the behalf of the King or any patent by grant of the King may exhibit his English bill against the King's Attorney and such others as are interested in the cause to be relieved in equity. In which case the plaintiff must Attend the King's Attorney with a Copy of his bill and procureth him to answer the same and the King's Attorney may call any that are interested in the Cause or any officer or others to instruct him herein touching the making his answer so as the King be not prejudiced thereby and his answer is to be put in without oath. The parties in every such bill between party and party must serve the defendant with process of Snbpena or if the defendant be a Baron of Parliament spiritual or Temporal with aletter under the hands of the Lord Treasurer Chancellor Barons or some of them whereby he must berequired to appear at a day certain contained in the writ or letter process of Subpena may be sued forth either before or after the Bill exhibited And if the Defendant do not appear at the day of return of the writ then upon Affidav. made of the serving thereof an Attachment is made of course against him for his contempts and after an al. pl. attachment an attachment with exclamation and after that either a writ of attachment of rebellion directed to the sheriff or a Commission of rebellion directed to such Commissioners as the plaintiff will name for which Commission there must be warrant of the court but when aletter is made to be sent to any Baron or Bishopps for appearance before the Bill be in and if he will not appear upon that then process of Sub-pena must be served and upon default then process of Contempt as aforesaid And the like course of process is to be pursued against the defendant at the suit of the King's Attorney. When the defendant doth appear if the Bill be not put in he may move to be dismissed with costs, whereupon the Court doth usually give three or four days to the plaintiff to put in his English bill or the Defendant to be dismissed with costs upon a bill of costs to be Tendered by him to one of the Barons to be taxed. And if the defendant do appear upon process of contempt he must pay costs such as the Court shall think fit according to the number of the process that hath been prosecuted against him but the ordinary Costs in ten shillings upon each Attachment. After the defendant hath appeared he hath eight days of course to make his answer to the bill and if he do that not with in that time a Rule is given of course in the Book of appearance for an Attachment within four days, the defendants Attorney being called thereunto. If the defendant do Demur upon the Bill for that neither the plaintiff nor the cause is privileged for want of sufficient matter of the bill or put in a plea in Bar of the proceeding upon the Bill, The plaintiff if he will maintain his Bill must move the Court for a day to hear the Counsel of both sides and the Bill and Demurrer (if need be) if the Counsel do not agree in opening the matter. If the defendant do plead any matter to bar the proceed upon the bill (other Then matter of Record of the same Court) he must be sworn to his plea as he likewise must be sworn to his answer if he answer in the chief of what quality soever the defendant be Except it be the King's Attorney who answereth a bill against the King or a Corporatition who are sued by the name of their Corporation. Also if the defendant do make an insufficient answer the plaintiff must put in his exceptions in writing and move the Court to give the defendant a day to amend or maintain his answer in which case if the defendant be in Town he is to take notice by the Order and to perform the same. But if he be gone before he is to be served with a Subpoena ad faciendum meliorem responsionem if his answer be over ruled upon hearing or an attachment made against him or an insufficient answer is to answer. The defendant that hath days aforesaid either upon demurer, plea, or insufficient answer if he cannot maintain the same but that the Court doth order him to make a better answer, he must pay such costs to the plaintiff as the Court shall think fit, if he do maintain his demurer he is to be dismissed with costs. If the defendant put in plea where in he pleadeth matter of record to disable the person of the plaintiff as outlawry or the like which is no bar to the matter but a delay of proceeding until the plaintiff be enabled, to sue he must together with his plea produce the record which warranteth the same. If the Defendant after he hath appeared and taken a copy of the Bill, findeth that he can not make answer to the same without sight of his evidence, which are in the country far off or if there be more than one defendant, and, one or more appear, and the rest do not appear, and the defendants that do appear cannot answer without conference with the rest that are in the country upon Affidavit made upon such or the like allegations, he may have time to answer, until the beginning of the next Term, either in person, or by commission, as the court shall think fit. Or if Affidavit be made, that the Defendant is aged, impotent or sick, and not able to travel, he may have a commission to take his answer, and sometimes when the Defendants dwell far off, the court, in favour doth grant a commission without any Affidavit, to take their answer in the country, in all which cases where a commission is granted for the defendant, the plaintiff may name one or two commissioners, to see the defendant sworn to his answer, & a promise must be in the commission, that the Plaintiff or his commissioners shall have notice of the day and place of execution thereof certain days before. If the Defendant have matter to plead to an English bill, and be not able to come to put that in upon oath, he may by special order of the Court, have a commission to take his plea and the plaintiff may proceed upon plea, as upon answer, if he think good, but if the Defendant have the favour to take his answer or plea, he may not after put in a demurrer. If the matter of the bill be relieved against a suit, at or in the Ecclesiastical court, and the Defendant stand in contempt, either for not appearing or not answering, or if he desire to have a commission to take his answer, the court upon the motion of the plaintiff, doth usual stay the Defendants proceed until he have answered another order thereupon taken either by injunction or order of the court. If the Defendant be served with process to appear to a bill and be in prison, and will not appear, or if he do appear and be in prison, and will not answer, the court doth usually order, that he shall be kept close prisoner until he yield obedience to the Court. Quoere in the cause whether the Defendant hath appeared and will not answer (as in the Chancery & Star Chamber) the Court will decree the matter against him for confessed, that were to be seen if here be any order therefore made to the contrary in any argument or debate in the matter, and what reason there should be of a contrary course in this Court. After the Defendant hath answered (or before if there be good cause) the Court doth grant injunctions, either by quieting of possessionor, stay of suits at the common Law, and the Ecclesiastical courts until the hearing of the cause, also there be precedents for staying of suits in the star chamber and Chaneery and other courts of equity. If the Defendant put in a demurrer with an answer over to the matter of the bill, the plaintiff may proceed upon that to bring the cause to hearing, and the Defendant at the hearing, may stand upon the demurrer, until the Court do over rule that, but after the answer put in, the Court will allow no exception to the Jurisdiction. When the Defendant hath fully answered, the plaintiff may if he will go to hearing upon bill, and answer, and may move the Court to have a day of hearing appointed, and serve the defendant with process to attend the hearing. In which case he must admit the Defendants answer to be true in all things, as well in that which is denied, as that which is confessed. If the plaintiff do not find matter confessed by the Defendant in his answer whereupon he may proceed to hearing, without proofs, than he must reply to the same, maintaining his bill and denying and traversing the material points of the answer, wherein he may also add such further matter as shall be pertinent & necessary for him to prefer for the strengthening of his bill, and avoiding the Defendants answer, and must serve the Defendant with process of Subpoena to rejoin to the said replication, except the Defendant be ordered to rejoin gratis, as sometimes that is ordered when the Defendant hath the favour to have a commission to take his answer. When the cause cometh to hearing upon bill and answer, and the court seethe no sufficient matter confessed in the answer to proceed upon, the Plaintiff may desire, that he may reply and proceed to process, and the court allow him to do so, especially where the King's Attorney is plaintiff for the King. If there be more defendants than one, and they put in several answers, the plaintiff may reply to them all in one replication, but if the cause of suit be joint, and some of them answer, and others do delay their answers, the plaintiff may not reply till all have answered, for if he do, he shall wave his proceed against the rest, and he cannot have a decree against some without the others. Nevertheless if the causes of suit be several the plaintif may reply and proceed to hearing with some, and after return to proceed with the rest. When the defendant cometh to rejoin, if here be no new matter in the replication, he is to make his rejoinder of course to maintain his answer, and it is not necessary that he should rejoin but for formality, but if here be new matter in the replication, he must rejoin specially to that, and likewise if there arise new matter in the defendants rejoinder, the Plaintiff must surjoyn, and so as long as new matter doth pertinently arise in the pleading, they must proceed with Rebutter, and surrebutter, until every point material be put in perfect issue. After they are at issue, the plaintiff if he will may proceed to hearing, upon Records, and without examination of witnesses, and the Defendant nevertheless, may examine witnesses if he will in convenient time, or if there have been any former examinations in the same cause, either between the same parties, or any other under whom they claim, either in the same Court or any other, the plaintiff or the defendant may move the Court and desire to have them allowed, to be used for evidence at the hearing, in which case, the Court doth give a day to the other side, and upon hearing of both sides, do allow or disallow them, as is then thought fit and accordingly they may prepare themselves for proofs more or less. When the defendant is served with process to rejoin, and doth not appear, the plaintiff upon Affidavit made in the Term time of serving the process (if there be no new matter in the replication) may have a commission alone if the defendant will not join within a certain time, and then the plaintiff may have a commission to such as he shall nominate to examine his witness. If both parties join in commission, than either side is to name indifferent commissioners and each party to choose two of the four named by the other, and the commission is to be directed to those four agreed upon, and the plaintiff is to have the carriage of the commission, and is to give fourteen day's warning (or such other warning as is agreed upon) of the day and place of execution thereof, except there be day and place appointed in the commission, which sometimes is done by agreement of the parties or by order of the Court. If the one side will examine witnesses by commission, and the other will not, yet he that will not examine may join in commission to see an indifferent examination if he will, and to that end shall have warning of a day and place. If the Defendant make default, and do not join in commission at the first, yet if he come afterwards, and can show any reasonable cause, why he did not join before, the Court will allow him to examine his witnesses in reasonable time, or if a commission be taken out by one or both sides, and not executed, but in part executed, where there is no wilful default in the parties, but by some other accident the execution is prevented, the Court upon motion and proof of the allegations will grant a new commission, but if either party will wilfully neglect to examine for delay, and to gain time, or to hearken and learn what hath been examined and proved on the other side, that he may the better prepare his witnesses, and interrogatories for a cross examination, in such cases the Court will give no favour to the party that shall so willingly or purposely be negligent. In such case where the one side hath examined all his witnesses, and the other hath not, but hath the favour to have a new Commission, that party that examined, may join in a new commission without charges, to see the Examination. As the parties may examine their witnesses before Commissioners, so they may likewise examine before the Barons in Court, such witnesses as they have in town at any time before publication. and they may have process of Subpoena to bring their witnesses before the Barons to be examined, and the like process or the Commissioners Warrant to bring their witnesses before the Commissioners the names of such witnesses as are examined in Court, must be delivered by either side, to the parties or their Attorneys in Court before their examination, to the end that either side may exmin him if they will. The parties that will examine witnesses, must prepare their interrogatories engrossed in parchment to be exhibited before the Commissioners, the Baron before whom they will examine before any examination can be had, which interrogatories must be drawn according to points in issue, by the bill and answer, and other plead, and they must not examine upon any thing that is not in the plead, if they do, that is to be surpressed, and there must be no alteration of any interrogatories, nor addition of any, after the first examination, but if there be further examination that must be upon the same Interrogatories that were first exhibited, and if any examination be taken otherwise, it must be suppressed whether it be by commission or in Court, except it be so appointed by some special order of the Court. If a witness be examined of one side, and after be served with process to be examined on the other side, and do refuse to be examined, the Court will not allow his depositions to be used, because he hath showed himself to be partial. After the witnesses be examined, there must be order for publication of their depositions, either by consent of both sides, or by motion of the one side, and a day given to the other side to show cause why they should not be published, and the cause heard, at which day if nothing be said to the contrary, they are published, and the cause is to be set down afterwards for the hearing, at such time as the Lord Treasurer and the Barons shall appoint. After the day of hearing is set down, the Plaintiss must serve the Defendant with process of Subpana, Ad audiendum judicium, returnable at a day and place appointed for the hearing, and in the mean time either party is to prepare his breviates, of his pleading and proofs to instruct his counsel. At which day the bill of causes is to be made ready and delivered to the Lord Treasurer, Chancellor, and Barons in Court, wherein the causes are to be set down in order as they were appointed, and so the Court doth call for them, as they lie in the bill, and if both sides be ready to proceed to hearing, the Plaintiffs counsel opening the material parts of the bill, and the Defendants counsel opening his answer, and after debating thereof on both sides, for the full opening to the matter in question the plaintiff is to make his proofs. which are to be read by his Attorney in court, and the defendant is to do the like, whereupon the Court doth judge, Secundum allegata & probata, as if there be good matter alleged, and set forth in the bill and replication, and sufficiently proved there by confession of the defendant in his answer, or by witnesses, Records, or other evidence which cannot be disapproved by the Defendant, the Court doth make a decree for the plaintiff, but if there be good matter set forth, and not proved, or good matter proved, but not set forth in the plead, the Defendant and the cause is dismissed. Sometimes the cause is dismissed upon opening, for want of sufficient matter, or for that it is merely tryable at the Common Law, and sometimes when there is both matter of Law and Equity, the matter of Law is referred to a trial at the Exchequer bar, and the equity of the cause is retained until the hearing, and sometimes when the question is touching accounts and reckon which are intricate, the cause is referred to auditors or Merchants by Commission to examine and try the same, and to mediate and end and determine if they can, or else to certfie the Court of their doing, whereupon the Court may further proceed) or if the question be concerning the possession of any lands demanded by the plaintiff which lie intermingled and dispersed with and amongst the Defendants lands, and by reason of a long and joint occupation cannot well be known or distinguished, the one from the other, in such case when that it appeareth to the Court that the plaintiff hath and aught to have Land so intermingled, the Court doth award a commission to the Gentry of that County where the Land lieth, to inquire the certainty thereof, and to set out, & the meats and bounds of the same, and to certify the Court thereof, and in such like cases References and Commissions are awarded. If at the day of hearing the plaintiff be ready, and the Defendant maketh default affidavit is to be made of the serving, the Defendant with process, ad audiendum judicium, and the Court will proceed to hearing, and after the plaintiffs bill be opened, the Defendants answer is to be read, and the plaintiffs proofs, whereupon the Court will decree or dismiss the cause, or otherwise order that as shall seem fit but in such case the Court doth not use to make a decree absolute, but to give a day to the Defendant to show what he can against that, at which day if he do come and endeavour to show cause to stay the Decree, and thereupon the Court doth proceed, and further hearing the plaintiff may require costs for his double attendance, by reason of the Defendants default. If the Defendant be ready at the day of hearing, and the plaintiff make default, the Court doth dismiss the Defendant with costs, except some good cause be showed to stay that, and if that be put over till another day, the plaintiff is to pay costs to the Defendant, such as the Court shall think fit. When the Defendant is once served with process, Ad audiendum judicium, although the cause cannot be heard at that time, or in that Term, he must attend without any more process, until the cause be heard, so long as the cause be continued in the bill of causes; but if the plaintiff be negligent, and will not endure to procure a hearing, but desire to continue that in the bill, to keep an injunction on foot, or to stay the Defendants course at the common Law, or in any other Court, the Defendant may move for a dismission of the cause, and the injunction may be dissolved, and that he may have costs. Also if the plaintiff after answer put into his bill will delay the prosecution thereof, the Defendant may move to be dismissed with costs, whereupon the Court will find a day to show cause. When a cause is ready for hearing, if the plaintiff delay the prosecution, or be negligent to procure a hearing, the Defendant may if he will, procure the cause to be set for hearing, and serve the plaintiff with process, ad audiendum judicium, At which day, if the plaintiff will appear, he may proceed to hearing, but if he will not, the Defendant may be dismissed with costs, and left at Liberty, if there were any injunction or order to restrain him. If a Defendant die after answer put in, and before the cause be determined, the plaintiff may put in a bill of Revivor against the heir, or Executor, or Administrator of the Defendant, as the case shall require, and the Defendant in such bill of Revivor, shall answer without oath, because his answer is to no other end but to submit himself to the former proceed and upon his answer the former proceed are revived, and shall stand in the same case as they did against the first Defendant that died, and the plaintiff and Defendant may proceed further to bring the cause to hearing, in that same manner as that should have been proceeded in, if the first Defendant had lived, and in like, when the plaintiff dyeth pendent like. After a decree is made and passed against the Defendant, if he hath other matter which was not in issue in the cause decreed, which he supposeth will be sufficient to overthrow the decree, he may exhibit a bill of Review upon that new matter, to reverse the decree, but he must perform the decree, and yield obedience to that, and if the bill of Review do not contain good and sufficient matter, the Defendant may plead the former matter, decreed in bar, of the proceed upon the new bill, and that is not sufficient for the plaintif in the bill of Review to produce new proofs though never so good, that were not produced before, but the matter must not be such matter as was not in the issue before, and he may likewise exhibit his bill of Review of error in the former proceed. Sometimes the principal question between the parties is such, as admitting the truth of both sides, yet it is doubtful in Law to whom the Right belongeth, so as the Court cannot make a decree until the matter in Law be determined, whereupon a case in Law is to be drawn and agreed upon of both sides, and if there be any matter of fact necessary to be proved for the making of the case, witnesses may be examined upon Interrogatories for that purpose, and when the case is agreed upon, several Copies must be delivered to the Lord Treasurer, Chancellor, and Barons, and is to be argued on both sides, when, and as often as the Court shall think fit, and so be determined by decree or otherwise. Sometimes when publication is over hastily gotten by the plaintiff before the Defendant hath fully examined his witnesses, the Court upon affidavit by the Defendant, that neither he nor any for him hath seen the depositions of the witnesses, doth admit him to examine such witnesses, as he hath to examine. Upon hearing of a cause, the Court doth allow Bills and answers, and other plead and orders and decrees of the Chancery, and other Courts, to be read for evidence, without any order of allowance, but no depositions of witnesses taken in any other Court, nor in another cause in the same Court, without special order. And sometimes (but very rarely) after publication of both sides, the Court doth allow them to examine witnesses (ad informandum conscientiam) in which case the depositions that be taken, are not to be published but only seen by the Court. After a Decree is entered, that may be enroled and exemplified at the instance of either party, or of any else that desire that If the possession of any Land be decreed against the Defendant, the plaintiff may have an Injunction directed to him, and all that claim under him, commanding him and them to remove from the possession, and to yield the same to the plaintiff and his Assigns, and if the Defendants disobey that, the Court upon affidavit made thereof doth usually grant an injunction directed to the Sheriff to remove him, and to put the plaintiff in possession. If a decree be in any thing disobeyed, either by the plaintiff or Defendant, or any other by their procurement, upon affidavit thereof made, an attachment is granted against such as have disobeyed, another process of contempt until he be brought into Court to answer his contempt, and when he doth appear, if he deny the contempt alleged against him in the affid. he must be examined upon Interrogatories, to be exhibited by the prosecutor of the contempt, before one of the Barons, which must be upon the points mentioned in the affidavit, and he must be enjoined by the Court, to attend and appear from day to day until he be examined, and not to departed without licence of the Court, or if the Court think fit he is to be bound by Recognizance to the same purpose. After he is examined, if he have confessed sufficient matter of contempt, the prosecutor must move the court to appoint a day to hear his examinations, at which day, both sides are to attend, and such of the examinations to be read as are material, whereupon if that appear to the Court, that he hath ommitted any contempt worthy to be punished, the Court doth commit him to the Fleet and may impose a fine upon him, or not, as the case requireth, where he is to remain during the pleasure of the Court, and until he yield obedience, and submit himself to the Court to perform the decree, or enter into Recognizance to perform the same, if the Court so think fit, and he is to pay such costs to the prosecutor, as the Court shall tax. If the Defendant upon his examination deny the contempt supposed against him, he may move the Court to be discharged with costs, whereupon the prosecutor may desire to examine witnesses to prove the contempt, either in court, or by commission. In which case if the prosecutor take a commission, the defendant may desire to join in commission, to see a due examination of witnesses, but not to examine any witnesses except the Court doth specially order it so, after which examination the Court doth appoint a day of hearing, at the motion of the prosecutor, or of the Defendant, to convict or discharge the defendant as the case shall then appear And the like course is held for punishing or discharging of contempts, supposed against the process of the court, if the case so require. A Bill may be amended by order of the Court, after the Defendant hath answered that upon payment of costs. In all cases that are ordinary, the Court doth use to have the counsel of both sides, & thereupon to make such order as the case requireth. In every long vacation all the bills, answers, Replications, Rejoinders, and other plead are to be taken from the common files, and all the plead in one cause are to be filled together with the Bill, by him that is towards the Bill, and to be entered in a book kept for that purpose, in the title of that County, where the matter of suit ariseth, and to be numbered, and then filled, according to the number on the file for the same County. In cases of extraordinary contempts, the Court doth sometimes send a Messenger or a Sergeant at Arms to apprehend and bring in the Offender. THE TABLE, Augmentation, ARticles of the Court of augmentations, 119 ad 129 When united to the Exchequer, 120 Lord Treasurer's power thereby, 15 The Chief Baron's power thereby, 28 Attorney, The King's Attorney, his office place and power 39 63 88 ad 94 Accounts, Scroul of accounts, what and by whom kept 56 73 Forfeitures thereupon 59 Auditors of the Exchequer, their office and duty 95 Attorneyes and Clarks in the King's Remembrancers office, 95 In the Pipe 96 In the office of pleas 97 Attachment in the Exchequer, and when 139 Answer, What time to answer in the Exchequer 140 B. LOrd chief Baron of the Exchequer, his office and power 23 24 26 27 How and where he giveth judgement 25 What he may do out of Court 26 Second Baron, his office place and power 29 30 What accounts he may take, 31 Third Baron, his office, place and power 32 What accounts he takes, 33 Fourth Baron, his office, place, and power, 34 35 What accounts he takes 36 37 C. CHancellor of the Exchequer, his office and place 19 20 Commissions awarded in open Court 25 Chamberlains, two, their office place and power, 37 38 Communia, what it is 60 Customer, their accounts where to be entered 73 Controller of the Pipe his office 85 Chamberlain, Under Chamberlains two, their Office and power 117 Crown, Court of Revenues, Sheriffs articles annexed to the Court of Exchequer at Westminster, 119 Content of the said articles 119 120 and 129 Costs, when, and for what payable 139 D. DEcree, who may make decrees in the Exchequer 567 Dies datus, what 5658 De debitis plurimum, what 71 De pluribus debitis, what Ibid. E. EScheator, Nomina Escaetor. what 65 Their account, where entered 72 English Bills in Exchequer, and the proceed thereupon 136 add fin. What may be sued for there, and by, and against whom 137 F. FInes upon informations, by whom set, and where 'tis chargeable. 28 29 Who may be fined and when, 61 Fifteen, how to be accounted for, and where, 74 Fee-farm Rents, upon whom chargeable 77 First fruits and Tenths, the Remembrancer thereof 84 The Court thereof united to the Exchequer, 129 The Articles of uniting 129 ad 136 H. HOmage, respite of homage, what 64 Fines for it, and by whom payable, 64 65 I. Justice's of Peace, their wages, how, and by whom payable 81 82 M. MOney, warrants for money, by whom made and to whom, and for what, 10 11 13 16 Marshal of the Exchequer, his office and duty, 104 105 Messengers of the receipt, their office 118 N NEC non ad ostendendum, what, and the progress therein 62 Admittance thereupon, by whom 62 Nomina Vic. What 65 Nihil, Clerks of the Nihils, his office 81: 101 O O Blata, what and upon whom chargeable 78 Opposer, Foreign Opposer, what, and his office 80. 87 P PRoffers in the exchequer, what, to whom made, and when forfeited 54. 55. 58. Rolls of proffers, by whom kept 54. Pipe, Schedula pipe, what 66. Clerk of the pipe, his office 66 67 priests, Auditor of the priests, what, and his office 83 84 Pleas, Clerk of the pleas, his office 86 87 Parcellmakers 2. their office and duty 99 Praysors of the Court, who, their office 106 Pelle, Clerk thereof, his office and duty 111 Pellis recepti, & pellis exitus, What 111 Controller thereof, his office 112 R. REmembrancer, King's Remembrancer, his office duty and power, 40 443 244 45 ad 53 Who are accountable before him 41 Treasurer's Remembrancer, his office, place, duty and power, 53 ad 70 Records, when to be made up clear 69 Rotulus examinatus, who 75 76 His office and duty 76 Receivers, their office and duty 94 Receipt, Auditor thereof his office 113 ad 116 S. Streets, by whom receivable 68 Clerk of the Streets, his office ibid. 69 82 Sheriff, for what he is chargeable, as to himself or predecessor upon account, 71 72 79 81 Subsidies how to be accounted for, and where 74 Solicitor, King's Solicitor, his office, place and power; 94 Surveyors their office and duty 95 Seal of the Court, what 102 103 T TReasurer, Lord Treasurer his office 217 How made 12 How far, and to what his power extends in several things 3 4 6 7 8 9 1 2 Tallies, joiners thereof, their office and duty, and cutters thereof 98 112 Tellers of the Exchequer four, their offices and duties 107 108 109 110 U UNder Treasurer, his office & power 21 22 When first made, and who 21 Usher, chief Usher his office and duty 103 104 Ordinary Ushers, their office and duties 105 W Would Sales, who may make them 10 Roll of Writs, what and by whom kept, 56 Wardrobe, Magna guardrobe roll, what 75 FINIS. June 19th. 1658. HAving perused this discourse of the Scripture's inviolable Authority, Certainty and Truth, I find it (in its proportion) as the Scripture itself is, profitable for Doctrine, for Reproof, for Correction, for Instruction in Righteousness; and therefore Judge it very useful, to confront the Blasphemy of bold Antiscripturists, to confirm the weak in Faith, and to raise the value of (which cannot be overvalued) the Holy Scripture in the hearts of all true Believers. Joseph Caril. Unto this attestation, given by my Reverend Brother, I willingly subscribe. EDM. CALAMY.