The Lord Treasurer.

The Chancellor.

HE is an Officer thought by many to have beene placed in the Exchequer, to have qualified all matters of extremity and rigour between the Prince, the Subject, and the party, with Conscience and equi­tie, 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 Treasurers absence) doth in Court in the Exchecquer Chamber all things to the Kings most benefit and furtherance.

He in the Lord Treasurers absence, if the Barrons and learned Counsell of the suitor doe much presse any matter against the King, or that he findeth there is some lear­ning in the case, doth pray that it may stay untill the Lord Treasurer be made privie, and the Kings learned Councell may be conferred with, and the presidents of the Court may be shewed upon the same.

[Page] He maketh warrants to any of the rem­embrancers to make all manner of com­missions processe, and iniunctions, as the case requireth, aswell as the Lord Treasu­ror doth.

He by the late Lord Treasuror, and Sir Richard Sackvills order and agreement, had referred unto him the oversight and rule of the Court of first fruits and Tenth of all compositions, bonds, mattes and canses of the same.

He in the Lord Treasurors absence for orders and Commandements in Court for the benefit of the Prince, and case of the Subject and suitors, hath ever done com­monly that the Lord Treasuror useth to do.

He hath ever used in great causes of the Court, to make the Lord Treasuror privie, and to confer with his Lordship about the same.

He being Vice-treasuror also, after the death of the Lord Treasuror, and while a new Lord Treasuror be made, doth all things which the Lord Treasuror both in the Exchequer and Receipt doth use to do

Under-Treasurer.

IS an Office erected of late in the time of King H. 7. And whether it was of the Kings nomination first, or of any Lord Treasuror, it is not known. But it is said that Sir. Robert Mitton Knight, that was then the Lord Treasurers Remembrancer, was the first Vice-treasuror that was ever made, and had no patent thereof; but Sir. Iohn Baker when Thomas Duke of Nor­folke was made Lord Treasuror in H. 8. time, being nominated Vice-treasuror after Sir. Robert Mitton did procure a Patent thereof under the great Seale of England and was the first that had a Patent of the same office.

He in King H. 7. time (as I have heard say, the report of the remaine of the Trea­sure in the receipt being brought then to the King at the end of every Terme) did chest the same up, and did Content every Chest what summe and sorts of mony was in it, intitleing it B. or C. as in course it fell out, and carried it to the Kings Trea­suror in the Tower, and entred the same in [Page 22] the Kings Book which he kept in his deske, leaving ever in that receipt sufficient mony to pay ordinary Fees, and sums of money it was charged with betweene that and the next Terme. And hereupon I thinke the Vice-treasurer was made to see this done, both of trust and ease of the Lord 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 secrecie.

He being Chancellor of the Court in the late Lord Treasurers time and absence, and before the uniting of the said Courts of Augmentation, and the first fruits and Tenths, did order and command all things as the Lord Treasuror in the Court of the Exchequer, and in the receipt, saving that which was done Per Considerationem Ba­ronum, upon Pleas, Informations, Iudg­ments &c.

He before the uniting of the said Courts, and since the Lord Treasurors death, did make the two Praisors of all wares, and Marchandizes seized by any Informer, as taken up uncustomed, and informed against in the Court of Exchecquer, whereof they [Page 23] make him a Bill of Praisement, and he giv­eth order whether the owners shall have the goods againe as they are praysed; or whether part or all shall be otherwise sold, wherein the late Lord Treasurer would sometimes deale and intermeddle with his privity.

The Lord Chiefe Baron.

HEE is sworne by the Lord Chancellor or Lord Keeper for the time being, or the Lord Treasurer, and the other Barons, and is the cheife Judge of the Court, and in matters of Law. Information and plea, he answereth the Barr and all suitors.

He giveth all days for bringing of Pleas, Informations, Answers, Replications, Re­joynders, and amending of the same, as occasion is offered at the Bar.

Hee maketh all the Orders of the Court that touch or concerne the matters at the Bar, or the Suite depending in Court, or is moved by learned Counsell, and yet with great orderly consent of the Lord Treasu­rer, the Chancellor, the Vice-Chancellor, [Page 24] Vice-Treasurer, the other Barons, and the Kings learned Councill, or such as are pre­sent of them, as the case shall require.

Hee in the absence of the Kings learned Councill, answereth the Bar most diligent­ly in the Kings Majesties behalfe, and when the Kings learned Councell be there, hee suffereth them to speake and answer to the Bar for his Majesty all that come, and joy­neth with them my speech and conference, to satisfie the Bar, to alter or mend the matter or words of the plea, for the fur­therance of his Majesties side, in all causes the Law will bear him.

He, before hee proceed to Judgement in Causes against the King, either hee asketh or willeth the Officer on whose side the matter is, to aske the Kings Attorney what he can or wil say more for the King in such a matter, that the Court may be informed of it. And even so doth he for the party, if the Kings Majesty be to have Judgement for him.

He and his fellowes conferre together in all difficult matters and judgements of the Court, and when they have resolved the Law therein, they use to impart the same [Page 25] to the Lord Treasurer, Mr. Chancellor, Mr, Vice-Treasurer, and to the Kings lear­ned Counsell, and if they cannot satisfie the Barons, the Law to be otherwise, they proceed to Judgement. The Court being called upon therefore at the Barr, although the Lord Treasurer, Chancellor, Vice-Treasurer, and the Kings learned Coun­cill, would faine have it goe otherwise, which they do with great circumspection, and feeling sometimes the opinion of the Judges therein, and ever after long and often deliberation had first thereupon.

Hee ever giveth Judgement in the Term time only, and speaketh in this wise to the Remembrancer, on whose side the matter is. If the Kings Attorney say nothing for the King between this and such a day, for such a matter, enter Judgement for I. S. or if the party say nothing for such a matter, enter Judgement for the King.

He in open Court awardeth Commissions Processes, Injunctions, and all manner of Writs, and commandeth stay and Super­sedeas of the same, and such his Award is set down in the booke of orders on the Re­membrancers side where they issue out. [Page 26] 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, Processe, Injunctions, Supersedeas, Writs of pri­viledge, and such like.

Hee in open Court doth set Amercia­ments and Fines upon all Sheriffs, Coro­ners, Escheators; Commissioners, pursi­vants, makers and ayders of Rescues, that do not execute, serve, return, deliver, or obey the Kings Commissions, Processes, Injunctions and Writs, as to every of them appertaineth.

He committeth to ward in open Court, and in the Exchequer Chamber, all that be indebted to the King, that misbehave them­selves in the Court, that disobey the Kings Processe, that keep not their dayes or the order of the Court, or otherwise, be worthy to be committed as the case shall require.

He alone in the afternoones in the Term time, doth sit upon all Nisi prius in Lon­don [Page 27] in the Guildhall, that came out of the Remembrancers Office, or the Clarke of the Pleas Office, concerning any matter or tryall there by the Jury of London, which cannot be dispatched at Westminster for lack of time and leisure.

Hee appointeth the dayes and Termes when all Demurrers in Law shall be argued at the Bar, and likewise in the Court to shew their opinions upon the same.

Hee commandeth all the Officers under the Bench to make searches for the King, and the Court to give their attendance on the Barons in the afternoones at Westmin­ster, to set Fines and Amerciaments on the Sheriffs, and to informe the Court of that is meet, or otherwise to confer with them. And sometimes hee commandeth the sayd Officers to attend at his Chamber upon him and his fellowes, for conference or information about some speciall matters appointed there to be heard or considered upon.

He and his fellowes take without Fee in open Court, all manner of Recognizances for the Kings debt, for appearances, for observing orders, for keeping the decrees [Page 28] of the Court, and such like and for every Recognizance taken out of the Court, he hath six shillings eight pence.

He taketh the presentation of all Officers in the Court, that are under himselfe and of the Mayors and Sheriffs of London, and giveth such exhortation and oration as to himself shall seeme meete, and Command­eth their Oathes to be read unto them by the Kings Remembrancer, and seeth them take the same.

He taketh the Declarations of the in­grossed Accounts of the late Augmentati­tion Revenue in the Counties of Northum­berland, Richmond, Durham, Receivers of Nottingham and Derby, Lincolne. &c. Receivors of Chester, Lancaster, Westmer­land and Cumberland.

Receivers of Northton and Rutland.

Receivers of Leicester and Warwick.

Receivers of Salop, Wigor, Stafford, and Hereford.

And made before him by the Auditors of the same Shires,

He with the Kings Attorney Promissis Parcandis, doth set all the Fines of Compo­sition upon any that is informed against in [Page 29] that Court by any popular Action, or pe­nall Statute, which Fyne doth bring the de­fendant to an end thereof, and is set downe from the Roll of the Kings Remem­brancers side, and charged in the Pipe, where he hath his Quietus est, upon his Fine payed by tallie and allowed there.

The second Baron

IS he that is next in place, and Ancientie to the Lord Cheife Baron, and in his ab­sence doth Answer the Barr in matters of orders, and course, as the case offereth, and in matters of law, difficultie, or im­portance, He referreth all suitors untill the Lord Cheife Barons comeing, and that the Court be fuller. He, and his fellowes in the Lord Cheife Barons absence, in meane Causes and matters of Course, doe take order with all suitors, and matters offe­red at the Barr, as in dayes of Appa­rances, Recognizances, Receiving and men­ding of Pleas, informations, lycense to de­part, and some Iudgments the Causes being [Page 30] not great, and the Lord cheife Barons mind being somewhat fore-known therein, And in every thing he useth more Autho­ritie in the dispatch of matters in the Court, which are called on at the barr when the Chancellour, the Vice-treasurer, the Kings Attorney, or Sollicitor, or some or most of them are present in Court, wherein he and his fellowes have the more consent and agreement of the cheife Offi­cers of the Court.

He and his fellowes in my Lord cheife Barons absence, may doe all in Court that my Lord cheife Baron may doe, and is good in law Per Considerationem Baronum, though there be but two of them, yet in most matters, and especially of any weight, they take a respit, and put over the same, and wil be advised thereof until such a day.

He giveth yearely the morrow after Simon and Judes day, the Oath to the Lord Mayor and Escheatour of London, that he shall make a true Account of the Eschea­torship, and aske no petition or Allowance, but that which is good and true.

He in the Lord cheife barons absence doth take all manner of Recognizance in [Page 31] Court, and out of Court, as the Lord cheif Baron doth, and hath for his Fee of every one taken out of Court six shillings eight pence as aforesaid.

He taketh the Declaration of ingrossed Accounts of the Receivors of the late Aug­mentation Revenue in the Countie of Kent, Surry, and Sussex. Receivers of London Middlesex. Hertford and Essex. Receivers of Norfold and Huntington. Receivers of Suffolk and Cambridge. Receivers, and made before him by the Auditors of the same Shires.

He examineth the letters, and casteth up the sums of such Sheriffs forraign Ac­counts, Escheators Accounts, Collectors Ac­counts, of Customes, Subsedies, and Fifteens, as are brought unto him by any of the Au­ditors of the Court, in the head of which accounts, the Barons name is set that exami­ned them, And his addition thereunto is Auditor, And then the Auditors name that did take and ingrosse them, is set under the Barons name, and his addition thereunto is Clericus; So as it seemeth, the old course of Exchequer accounted the three under Ba­rons [Page 32] the Auditors of the court, and those we now call Auditors, but as their Clerks. And in this wise the old account of the Ward Robe, the Victualls, the Ships, the Workes, the Provisions, the Wars, and such like, were heretofore taken and examined, which be now taken by the Au­ditors of the Prests, 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 hee that is third in place and Anceintie to the two Barons, and may do all things in Court, in their two absences as the two Barons, and their fellowes might do before; but in both their ab­sences, the third is very circumspect to do or meddle with anything, but that which is ordinary, and referreth over all suitors as before.

[Page 33] He may take Recognizances in Court to the Kings use, as the other did before, and hath his fee also of six shillings eight pence for the same, that are taken out of the Court, as the other had before.

He giveth every Symon and Judes day the Oath to the Lord Mayor, and Gaugers of London, that he shall make a true account of the same, and aske noe petition or allow­ance but what is good and true.

He taketh the declaration of the ingros­sed 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 forraigne ac­counts, Escheatours accounts, Collectors ac­counts, of Customes Subsidies and Fifteens, as are brought to him by anie of the Audi­tors of the Court as aforesaid.

The fourth Baron

IS alwayes a Cursistor of the Court, and hath been chosen of some one of the Clerks in both the Remembrancers offices, but most usually he is, and hath been chosen of some one of the Clerks of both the Re­membrancers office, or of the Clerke of the Pipes office.

He taketh Oath every Simon and Judes day of the two Attorneys, the new Lord Mayor then putteth in, ad recipiendum man­datum Curiae, And likewise of the Deputie Escheator and Gauger of the late Lord Mayor, Elcheator and Gauger of London, that they shall make a true account of the said Offices, and aske noe petition or Allowance, but that which is good and true.

He if he present in Court at dayes of prefixion, taketh the Oath of all high Sheriffs there, under-sheriffs, or Attorneys, and of all Escheators, that they shall make a true account of the said Offices, and aske noe petition or allowance but that is good and true.

[Page 35] He taketh the Oath of all Collectours, Countrollors, Surveyors, and Searchers, of all the Custome houses in England, that they have made true Entries in their Bookes without concealment, or leaving oat any parcell of wares, or merchandi­zes, to the Kings hinderance or prejudice.

He taketh before the Court commonly begin to sit, or when it hath little to do, or my Lord cheife Baron is absent, the op­posals of the Shiriffs, of their summons that come in, and are sworne to account as before, which is nothing else but opposing of every Sheriff, what he will say to every summons, which is written to him out of the Pipe, who upon the sayd opposalls an­swereth unto such sums as hee will pay and charge himselfe with, confessing so much due or received. And to the other summs he will answer, O. Ni. as confessing, On [...] ­retur nist exoneretur, and so the said Ba­ron goeth on in this manner, questioning and asking of every Sheriff, what hee saith to every sum in his summons, untill he hath gone through every one of them.

Hee informeth the Bench and the Kings learned Councill from time to time, both [Page 36] in Court and out of Court, what the course of Exchequer is, and stayeth the rest of the Barons, and the Kings learned Councill, from ordering any thing they go about contrary to the sayd course, for the preser­vation of the same, and to save the Kings Prerogative and benefit, which the course of the Court most commonly maintaineth and respecteth.

Hee taketh the declaration of the ingros­sed accounts of the Receivors of the late augmentation of the Revenue of the coun­ties of Yorke,

Receivers of Oxon and Berks,

Receivers of Buckingham and Bed­ford.

Hee likewise (as the two other Barons) examineth the Letters, and casteth up the sums of such Sheriffs forraigne Accounts. Collectors accounts, of Subsidies and Fif­teens, as are brought unto him by any of the auditors of the Court, and causeth his name, and the auditors name that in­grosseth it, to be set with additions of the auditors, and Clericus as aforesayd.

He taketh the Bayles of all Sheriffs, Bay­liffs of Liberties, and Escheators that keep [Page 37] not their dayes of prefixions, but come in­to the Court by attachments, which is no­thing else but with sureties to be sworne to account, and then assesseth the Fines of all such Bayliffes. 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 foure pence. And for the Sheriffs Fines, in is ever five pounds a day for his four next dayes after his day of prefixion that he faileth to come and to be sworne to his account.

The two Chamberlaines

HAve their place next in Court to the foure Barons, and may sit and keepe their places dayly in Court if they like to attend and hearken to the causes of the Court, without any intermedling therein. But at the election of the Sheriffs yearely, (In Cr. Animarum) they are ordinarily to be there, and keepe still their place, and may say their opinions for preferment or [Page 38] stay of men to be Sheriffs, as the Barons and Justices do, but other dealings in the Court of Exchequer at this day, I know not that they have.

They have in old time had great autho­rity in the Receit (as I have heard say) and have kept certaine keyes of the Treasury Coffers, and were ever privy to the Pells of Receit, and to the Pells of Exitus, of the which each of them kept a controller, as at this day they do of the pell of receits, and no mony issued out of the Receit with­out their privity, as is manifestly proved, because at this day every privy seal for the payment of any mony out of the Receit is directed The saurarijs & Camerarijs.

They have the charge of the Treasury with the Lord Treasurer, and keepe the keyes thereof, where all the ancient leagues betweene the Kings Progenitors, and o­ther Princes and States, either do or should lye, and where the booke of Dooms­day and the ancient Records and Pleas, De Justiciarijs itinerant. and De forest is, and of diverse other matters do remaine; into which Treasury, neither they nor their De­puties can come with their keyes, untill the [Page 39] auditors of the Receit come with the Lord Treasurers key to the same that remaineth in his keeping to my Lords use.

The Kings Attorney

IS the speciall Officer of the Court that is made privy to all manner of pleas that be not ordinary and of course, that rise upon the processe of the Court, and to the Re­plications and Rejoynders growing upon the same on any of the Remembrancers sides.

He putteth into the Court of his owne name for the King, all informations of concealments of Customes, Subsides, Sei­sures, Receits, and of Intrusions, Wars, Spoiles, Incroachments, and Anoyances, done upon any of his Majesties Lands, Te­nements, Woods, Rents, Rights, and He­reditaments, and upon any popular Acti­ons, penall Statutes, Forfeitures, or breach of Covenants.

The Kings Remembrancer.

THE Kings Remembrancer of the Ex­chequer, who at certaine dayes pre­fixed in the Terme, calleth to account in o­pen Court by his booke yearly made, and commonly called Statutus magnorum com­putantium, &c. 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 Revells, the Clarke of the Hamper, the Butler of England, the Treasurer of the Mynt, the Lieftenant of the Tower, the Constable of the Tower, the Lieftnant of the Ord­nance, the Receiver of the Ships, the Vi­ctualler of the Ships, the Master of the worke, and such like; and by the same booke, should call the Vulgars to account, that are now reduced to a fee farme certain by my Lord Treasurers Bill made therefore to them for one and twenty years or more, and so they answer yearly their fee farm in the Pipe.

And by the same booke he calleth (as [Page 41] before) at dayes prefixed, all searchers, Ad respondendum Domino Regi medieta­tem omnium foris fact urarum in Officio suo contingent. &c. And all collectors of Cu­stomes, and Subsidies, Ad computandum, which book of States hath all the sayd Offi­cers christen names, and surnames, with the addition of their Offices that be full and given, and being not given nor full, nor account at this day, it hath only the Office name in the same.

He inrolleth, and after writeth out the same, according to the course of the court, against all the sayd accountants that come not in at their dayes prefixed, and account for their sayd Office, except such as be not now accountants before the sayd Ba­rons.

He calleth to account in open court by his like booke called the States of the col­lectors of Subsidies and Fifteens, all man­ner of high collectors thereof granted by Act of parliament in every shire, city, Burrough, Towne corporate, and place whatsoever through England, as they are appointed and certified by the commissio­ners every where for the assessing and le­vying [Page 42] of them, and according to their dayes of payment appointed them by the Statute.

He inrolleth and maketh out processe a­gainst such of the sayd Collectors for their Bodies, Goods, and Tenements that come not in to account, and pay their mony 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 seldome without sureties, as by occasion of any of the premises, or from time to time for any debt day of Appea­rance, or other commandement of Court, are forced to be bound any manner of way.

He upon the breach and not keeping of these Recognizances, inrolleth processe, and maketh out the same against all such persons as were bound therein, according to the course of his Office.

He as the Returnes of the sayd processe by course of the Court do offer occasion of some change of Writs in manner and forme by the Returns of Sheriffs, as Non [Page 43] 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 in­dorsed what is to be done, or leaveth it to the Clarke of his Office to do it, whose charge it is to write the process of the shire where it runneth, that of course can tell what to do, and all the sayd processes be still current every Terme untill they that are bound, or their Executors, Admini­strators, Heires, or Ter-Tenants come in and pay the mony, or take order therefore, or plead in discharge of them.

He hereupon informeth the Lord Trea­surer, and in his absence, or by his order the Chancellor or Vice-Treasurer of the Court, every Terme when he is comman­ded, of all manner of debts and arrerages of any the sayd Accountants, or upon a­ny other person depending in his Office, by reason of any the sayd Recognizances, or of Bonds taken, or delivered in his Of­fice by any other occasion, and due with them ro his Majesty.

Hee according to their Order stayeth or setteth forth processes for the sayd debts [Page 44] and arrerages, and admitteth any person vexed with processe from time to time to plead in discharge thereof, or of any part of the same, unto which plea the Kings Attorny is made privy, who referreth the same over to the Court, if hee thinke not good to confesse it.

Hee hath all manner of Informations up­on penall 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 remembring the Court and the Kings Attorney of the same and other Pleas depending in his Office, doth drive them to be ended, either by the Attorney generalls confession, or Judge­ment of the Court, upon Jury, Demurrer, Privy seale, or composition, Pro misis Par­candis, being upon popular actions.

He only on his side maketh the Bill Roll of compositions, Promisis Parcandis, up­on penall Lawes; and Statutes, and get­teth the Lord cheif Barons, the Kings At­torney, and the other Barons hands to them, and maketh up the Records of the same.

[Page 45] Hee 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 downe into the Pipe, that they might be so mo­ved out there for time to time against the day that any payment shal grow due, and so is the ancient course of the Court.

Hee only taketh Bonds and Recognizan­ces in the Court, and all to the Kings use, of all Sheriffs, Customers, Controllers, Re­ceivers, Bayliffs and of all other persons whatsoever, that are bound in the Exche­quer, and doth all things proceeding upon the same.

He inrolleth all the sayd Bonds and Re­cognizances in remembrance of the yeare, that are taken there or brought in, and delivered in Court for the Prince his better safety, if the same should miscarry by fire imbezeling, or otherwise.

Hee sometimes by Warrant of the Lord Treasurer and in his absence the Chancel­cellor, [Page 46] the Vice-treasurer, the Kings Attor­ney, and the Court, maketh out Commissi­ons in the Countrie to certaine Commissio­ners by Dedimus Potestatem to take Bonds to the Kings use when the partie is to be bound with Suretyes, and cannot conveni­ently come up, or bring his Sureties hither to be bound for him, of the Retorne where­of he maketh Record, and fileth the Com­mission, and the Certificate and the lands besides,

He by like writt changeth bonds and Re­cognizances of the first parties that were bound and taketh others in other places, that the Lord Treasurer the Chancellour and the Vice-treasuror alloweth of.

He maketh all processe, Commissions, De­crees, orders, Awards, and Entries proceed­ing, or growing of anie matter, cause, plea, or originall depending, or to be sued on his side, that the whole Course of the matter may appear and remaine on Record in any place ever together.

He maketh a Record in his office of all the Certificates delivered unto him by the Clerke of the Star chamber under his hand, of such fines as be felt upon any person by [Page 47] the Lords there, and causeth the same fines to be sent downe from his Record into the Pipe to [...]e sumoned out there, to be writ­ten from thence by the Treasurors Remem­brancer when they be put in his Book cal­led Cedula Pipe.

He maketh up the Record of every Bis­hops death, of his multure of his best horse, Ring, and cup of gold, and silver, seised to the Kings use, or of fine made thereof by e­very of their executors or the administra­tors of their goods and Chattells.

He taketh the Proffers every Easter, and Michaelmas Terme, in the Receipt before the Barons, of all the Sheriffs, Bayliff, and Eschearours and marketh the default of e­very of them that doth not appear there by his Attorney, aswell as the Treasurors Re­membrancer doth.

He readeth in open Court the Oathes and the Usher giveth the Book at the Election of Sheriffs yearely every C. Animarum, in French, and offereth the Book to be kis­sed by them that chose them.

He readeth in open Court the Oathes and the Usher giveth them the Book to kis­se, that all the grand Officers of the Court [Page 48] of Exchequer doe take either before the Lord Chancellour for the time being, and the Barons, and likewise the Oathes that all the under Officers Ministers and servitors of the said Court, doe take before the Lord Treasuror, the Chancellour the Vice-trea­suror, and the Barons of the Court, or some of them.

He onely maketh the great Prerogative Writ of the Court, for all Officers, Ministers and Servitors of the Exchequer, and Receipt, and for their men that be sued elswhere in anie Court of Record or place to remove such plaint before the Barons such a day to surcease the suite.

He hath delivered into his office to keep, all manner of Judgements, Fines Recoveries, deeds, Releases, writings, Charters, and Evi­dences whatsoever, that are brought into the Court by the Lord Treasuror, the Kings Attorney, or any other person, either for the Assurance of lands and Tenements to the Crown, or for the better Recoverie and en­joying lands, and tenement that ought to come or be in the Crowne.

He maketh by warrant of the Lord trea­suror, the Chancellor, the Vice-treasurer, [Page 49] the Kings attroney, and by the Award of the Barrons in open Court, all manner of processe, writts, Injunctions, and conditi­ons whatsoever, that be to be made on his side, besides the ordinary processe and writte of every Terme, whereof he likewise maketh stay, and Supersedeas, by War­rant and Award of the Barons as afore­said.

He entreth Judgment, according as the Lord cheife Baron and Barons of the Court Commandeth him, of all Pleas dependingon his side both for the king and the par­tie, though the Kings learned Councell would willinglie have the Judgment goe otherwise.

He entreth Judgement of his owne Autho­ritie by the Ancient Course of the Court of Pleas of Course, and whereof there are day­ly Presidents which were not able otherwise to be overcome if they should be read and followed openly in the Court.

He sendeth the red Book by one of his Clerkes with the fourth Baron most Com­monly, and in his absence, with the next Baron into the Kings Bench, and Common Pleas in the Terme time, to remove any [Page 50] matter sued there against any Officer, Mi­nister, Servitor, or any of their men, or any Accomptant there, that prayeth his privi­ledge in time of any of the same Court, up­on which said red Booke shewed, and the parties soe testified by the Baron to be of the Court as aforesaid, his Priviledge is ordina­rily allowed.

He receiveth into his Office all the Certi­ficates of the Subsides, Fifteens, & Tenths, granted to the Prince by Parliament, and certifieth unto the Exchequer, whereupon he maketh his two Bookes called The States of Subsidies, and the State of Fisteens, in which is entred the Collectors names, and for what places, with the summe totall of every Certificate, as they doe come in with their payments agreeable thereunto, soe are they trossed and entred cleere, that other­wise stand open while the money is payed, and discharged.

He sendeth every Hillary and Trinitie T [...]r [...]e, severall parchment Bookes, to all the Customers, Controllers, Survaiors and Searchers of the Parts and Creekes through England, to make the first and second halfe yeares Entries in the same of the Kinges [Page 51] Majesties Customes and Subsides, and the Cocketts thereof, according to certaine late orders in the late Queens time sent unto them thereof. And likewise every Michel­mas and Easter Terme 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, forraign accounts, Collectors accounts of Subsidies and Fifteens, and the Cofferers accounts, which he taketh, & the Accomptants name with his addition of account, and the summe totall and the debts of the same, and so putteth every of them ever by himselfe, or one of the Clerks of his Office to the Treasurors Remembrancers side to be en­tred there in like sort; both which Remem­brancers should likewise receive all the great accounts taken now before the Audi­tors of the Prests and the Receivours and Ministers accounts of the late Augmentati­on Revenue, taken before the Auditors of [Page 52] the Shires to make like Entries thereof in both their Offices, and to be conveyed in the viewes of every yeares Remembrance, and that he to whome it did appertaine, might make processe upon the same, where any cause should so fall out, and so noe Su­per, or debt thereupon, by that meanes should be behind, and to be out of Processe every Terme while they were dis­charged.

He sendeth commission of Nisi prius by the kings Attorneys Warrant onely, upon tryall of any matters within his office at the Assizes in the countrie Adtenorem Recordi under the Exchequer Seale with it, But at the Nisi Prius in London, at Guildhall, he hath the very Record of his Office brought thither, and it is without commission, because my Lord cheife Baron sitteth thereon, and the Kings Attorney and his Majesties learn­ed Councell either be, or appoint to be there for his Highnesse.

Hee hath other speciall Authorities, preheminences, and matters, appointed to his Office by the Articles of the uniting of the said Court of Augmentations to the Exchequer, which are referred thither for [Page 53] breifeness and for more certaintie 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 spe­ciall service appointed to him by the Lord Treasuror to remember him of, or to be kept in Record.

He hath his Office cheifly established up­on the execution of the originall, save for the great accounts, the Customers, control­lers and searchers, that is yearly streated to him out of the Chancerie, and is otherwise called Extractus Cancellarioe, being the yearely streate Verbatim, as they passed un­der the great Seale of England, from time to time of all Sheriffs, and Escheators Pat­tents, of all Customers, Controllers, and Searchers Patents, of all Receivers, Reeves, Beadles, Bayliffs, Collectors, and Stewards [Page 54] Pattents of all grants of lands, and Tene­ments for life, in see simple, see taile gene­rall, or speciall, of all denizonships, Crea­tions of Arch bishops, and Bishops, erecti­ons of any Abbies, Priories, Colledges, Chauntries, Hospitalls, Schooles, and Cor­porations, of all custodies of any Honers Castles, Lordships, Mannors Chaces, For­rests. Parkes speciall, and generall, after the Course of the Chancerie, & ouste [...]lema­nes, of all Licenses of Alinations going over sea, transportations, Introductions, Re­taines, imparkings, and Inclosures, of all pardons, Alienations, intrusions, trespasses, utlegaries, felonies, murders, misprisions, treasons, and forfeitures, of all restitutions of blood, goods, and Chattells, lands and Tenements, of all leases for Terme of life, or for yeares, of all Fines grosse and small, of all Writts of restitutions of Temporali­ties, of any Abbey, Priorie, Archbishopprick, wards and seized lands and Tenements, of all Di [...]m Cl. Extremum, Mandamus, Meli­us inquirendum, et qu. plura.

He out of the said Originall, maketh his Booke called the Roll of Prossers, which is a record, and a part of the remembrance of [Page 55] every yeare of the comming of every Cro, Michalis, and Cro' Claus. pasch. into the receipt of all Sheriffs, Bayliffs, Farmers, Escheators, and men of certaine Townes within the realm, and of putting in a War­rant of their proffer made of the issues of their Offices, at which if any of the Sheriffs made default by himselfe or their Attor­neys, or pay not into the receipt there by Tallie infra mens [...]m following, they forfeit their recognizance, and the Bayliff, Far­mers, and Escheators that come not then to appeare either by themselves or their At­torneys, are amerced at halfe their proffer, And if they pay not their proffer infra mensem following, then doe they loose their proffer and pay it unto the receipt without having any Allowance of the same upon their account.

He when the said proffers are done mak­eth Proclamation in the receit before they arise That all Sheriffs, Bayliffs of liberties, and Escheators, do pay their proffers as they are accustomed infra mensem, and keepe their dayes of prefixion for their Accounts in the Exchequer according as by the Court [Page 56] they are appointed upon paine and perill that shall fall thereof.

Hee thereupon by his booke called the scroule of accounts made out of the Rolls of profers, and out of any other part of the yearly remembrance, called Dies datus vi­cecom, et Escaet. ad Computand. post profra every Michelmas Terme, doth call all Sheriffs, Bayliffs, and Escheators of the year last past to account, some Cr. Sc. Michis, some tres septiman Sc. Micahis, some Men­se Micahis; some Cr. Simon et Jude, some Cr. annimarum, some Cr. Martini, some Octabis Hillarii, some Cr. Hillarii some Quinden. Hillarii, some Cr. Purific. and some Quinden. Pas. as every of these seve­rall dayes of prefixion of ancient have been set by the Court, and as they thought they should be able to overcome, and finish their Accounts.

He out of the Originall of the Chancery the Roll of proffers, Dies dat. Viceom. & Escaet. the scroule of Accountants, and other Records, both preceding and following thereupon, doth make a yearely Booke called the Roll of Writs, that is a part also of the yearly Remembrance made [Page 57] in his Office, in which he enrolleth all Bria­returnabil. de Term. Hillar. Pascae sectae Trinitatis, & sectae Michaelis, every year some from the Originall, some from all the parts of the yearely Remembrance that is made with him, some from the transcript of Offices, yearely streated into his Office out of the Chancery, some from Offices found before the Escheator, Virtute officij, and certified to him from the debts of the Pipe, put in his booke called Nomine Esca­et. & ceduta Pipae, and some from the streat of Common Pleas, called the Fynes.

He out of the Originall from all Recei­vers, Bayliffs, Reeves, Collectors, and Beadles Patents of any the Kings Lands or Tenements, doth inroll and write, Venire facias ad computand. or distringas ad red­dend. compotum, from all grants of Honors, Castles, Lordships, Mannors, Lands, and Tenements granted by the Prince to any for life, in fee simple, fee taile generall or speciall. he doth inroll and write Distrin­gas ad faciend fidelitatem & ad faciend. ho­mag. & fidelitatem, or a Writ of Reversi­on when the taile is spent, and otherwise as the case requireth, from all Denizen­ships [Page 58] he maketh a Distring as ad faciend ho­mag. from all custodies of Lands and Te­nements, or Farmes, hee doth inroll and write, Distringas ad faciend, fidelitatem, or homag. & fidelitatem, or ad respondend. de velevijs, from all pardons of Outlawries, Attainders, Felonies, Murders, Treasons, Misprisions of Treasons.

He doth inroll and write Distringas ad respondend. de omnieo quod ad Regem perti­net, &c. velcertiorari quae bona & catalla A. B. habuit, &c. From all licences of a­lienations, hee doth inroll and write, Di­stringas ad faciend. fidelitatem, or ad audi­end & terminand.

He doth inroll and write Writs of Re­stitution of any Temporalties.

He doth inroll and write, Distringas ad reddend. comp. de exitibus temporal. &c. and Cercioraries, sometimes, Quis rece­pit exitus et profit. temporal. &c.

He from the sayd Roll of proffers, doth inroll and write against such as pay not their profers, Infra mensem. &c. capias pro contemptu, with a Fierifacias pro proffe­ra.

Hee from the sayd scroule of Accounts [Page 59] grounded upon Dies datus aforesayd, eve­ry Michaelmas Terme against Sheriffs that make default at their days of prefixion, doth make a Record of five pounds for e­very day of payment, after hee makes de­fault while four dayes next be past, which is set down in the Pipe to be charged upon them, or is levied upon a Fierifacias ex­cept the Princes Letter come aforesayd for the discharge of such Amerciament, and then he doth inroll and write out an attach­ment for his Body, Goods, Chattells, Lands Tenements, while he cometh into account, and putteth in Bayle to end and finish the same, and against all Bayliffs of Liberties that make like default, hee enrolleth and writeth out like Attachment as hee did be­fore against the Sheriffs.

Hee from Commissions that is a part of the yearly Remembrance layd in his Office, and made by Warrant or commandement of the Court, or upon some other depen­dency of Record, Ad inquirend. Ad faci­end. Ad Exequend. Ad perinplend. Ad re­cipiend. or Ad certificand. doth enroll pro­cesse and Writs out of the same against the Commissioners thereof, Ad liberand. In­quisitiones, [Page 60] ad certificand. ad comput and or alia faciend. as the matter offereth.

He upon the Communia, that is the seve­rall Records of all the pleas put in every Terme within his Office, and another part of the sayd yearly Remembrance, doth in­roll processe, and doth write the same a­gainst the partyes whom they concerne, Adfaciend. sidelitatem homag. & sidelitatem magn. Serjantians, et parvam Serjantians, et ad respondend. &c. as the severall Sta­tutes and judgements of the same doth re­quire.

He even so doth inroll processe 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 license of alienation, or [Page 61] a pardon of Alienation, or Livery speci­all or generall, or an Ousterlemaine, or after the course of the Chancery, that is streated as afore in the yearely originall is compelled or suffered to plead upon any such first processe inrolled upon the same, and written out by every of them are ad­mitted to do their fealty, or to pay their fine for a respit of homage, at any Terme they come in after the same sent forth, and so keeping still the payment of the same Fine every fifth Terme, they have pro­cesse made out against the same Land their fine is made for, but their fifth terme 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 Originall, or of like service of Writs from pleas, or any other Record in his Office, doth strait write out the next Term after such Return, a Dic. te­nents of the same Land, the Tenant is re­turned Mortuns est, or Nihil habet, &c. for the answering of the which the party that is returned the now tenant of the said [Page 62] land, must shew he hath therefore a licence of Alienation, or a pardon of Alienation, or a livery generall, or speciall, or an Ou­sterlemaine, or after the course of the Chancery by which he entred, and he must plead either the same or some generall par­don that will serve for his discharge, or o­therwise, with the Nec non ad ostendend. goeth current still every Terme, while hee come in and plead as aforesayd.

He admitteth any such person that hath any such Land whereof the Tenant is retur­ned Mortuns est, or Nihil habet before the Dic. Tenement. goeth forth thereof, with a Nec non ad ostendend. upon the sayd re­turn to come into his Office, and inroll there his licence or pardon of Alienation of the same Land, and to shew his convey­ance thereof, and likewise to enroll his Li­very speciall & generall, the Ousterlemain, or after the course of the Chancery, and up­on the same enrollment, and shew he doth admit such person to do his fealty, and to pay his Fine upon a Writ made from the sayd enrollment, and shew of his eviden­ces to agree therewith, without any man­ner of pleading, because all such Writs be [Page 63] like the first writts inrolled from the origi­nall, and written out as aforesaid against the first tennant onely of the land by good matter of Record.

He upon all pleas put into his Office where the Kings Attorney may make an Averrment contrary to the plea of the par­tie, and where the partie pleadeth anie for­raigne matter then is of record in that Court, and allowed of, or would discharge any Claim, title, or Interest of the King by the same plea, save in the said ordinarie Writts for fealtie and Homage sealtie, and such like, doth by himselfe or some Clerk of his, make the Kings Attorney ever privy to all such pleas, their replicati­ons, and rejoynders, who doth respect them and consider them, and at length either doth confesse them, or referreth them, or giveth his Warrant out under his hand to have them tryed in the Countrie at the Assizes of Nisi prius.

He according to the Ancient order of the Court, upon all other ordinarie Pleas exa­mined by him with one of the Clerks of his office concerning Writts of service, and such like, doth enter Judgment alone with­out [Page 64] making the kings Attorney or the Court privie thereto, which ever in this wise were dispatched as agreeable to the Presi­dent of the Court.

He either upon the first writ from the originall. or upon the writts written from the said Pleas, or upon distresses from the Streat of the fines of the Commission pleas, or from writts upon such like records in his office, doth set over persons fines for respit of Homage payable every fifth Terme according to a rate given him by the Court at his first comeing into his office where­of a record was then made, and is as fol­loweth.

• the Fines for respit of Ho­mage, every fift Terme of lands and Tenements.
  • s
  • Three pounds per Annum downwards 0 4
  • Five pounds per Annum, downwards 0 8
  • Sixe pounds thirteene shillings four pence per an­num downwards 1 0
  • Ten pounds per annum downwards 1 8
  • Eighteene pounds per an­num [Page 65] 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 noe such fines are set higher but upon Noblemen which according to the greatness, or meanesse of their lands, are set some at thirteen shillings fourpence some at twentie shillings some twentiesix shil­lings eight pence some at thirtie shillings and some at forte shillings, to be payed every fifth Terme, and none above, nor so high but for Dukes.

He hath set downe in his Book called nomina Vic. by the Clerk of the Pipe every yeare, the debts of all Sheriffs, Bay­liffs of liberties, and men of certain Towns that are found, and cast upon their accounts entred in the Pipe, and in another of his Bookes called Nomina Ecaetor, he hath every yeare the like debts of Escheators set [Page 66] downe by the same Clerk of the Pipe; for all the which, he maketh Attachment and other ordinarie processe of the Court for the levying of the same, as the case doth re­quire.

He hath in a third Book in his Office called Schedula Pipe, All debts set downe by the Clark of the Pipe, of such persons as 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 enquire what day and yeare they died, and what goods and Chat­tells, and of what value they had at the day of their death, and to whose hands the same came, and now be, and to seize the same in whose hands soever they be, and to leavy the same debt, and have them before the Barons such a day.

And if their goods and Chattells be not sufficient to pay the said debt then to en­quire what lands and Tenements, and to what yearely value they had at the day of their deaths, or when they became debtors, or ever since, and to whose hands and pos­session [Page 67] the same came after their decease and in whose hands they now be, and the same to seize in whose hands soever they be and keepe safe, and to Answere the issues and profits thereof untill the said debt be fully satisfied and payed, or that he other­wise is Commanded, and to distraine all the Executors of the Testament of the said debtors, as Administrators of the goods and Chattells that were his, and also the heires, and Ter Tenants of the same debtors, if they have not Executors to Answere the same debt, and all to the intent the same might this way be payed that could not by the summons of the Pipe be so levied. And likewise he hath put in his said Booke of Schedula Pipe, by the Clerk of the Pipe, other great and speciall debts that the Court will have spedeier and sharper process made for them by the said summons, to the intent the Debtors should be either quick­ly Attached and brought into the Court, or the money payed and Answered to the Sheriffs, or into the Reccit, as should best fall out for the ease and dispatch of the debtors.

He taketh into his Office, all Streats of [Page 68] Fines, issues, and Amerciaments, sent into the Court from the Kings 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 streats into his Office to the Clark of the Streats to write out, who sets his hand thereto for the Receipt of the same.

He taketh on his side also (as the Kings Remembrancer doth afore) all Sheriffs for raigne accounts, Bayliffs accounts, Es­cheators accounts, Customers accounts, Collectors accounts, of Subsidies and fif­teens, and the Cofferers accounts (as before is declared) in the point amongst the matters of the Kings Remembrancers side.

He ruleth the ordinary petitions that a­ny of the sayd Accountants do make or pray upon their sayd accounts to be allow­ed them without the privity of the Court, being matter of Record and President 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 entred ei­ther [Page 69] in the Venos or the postscript of the yeares, wherein they should lye, that be part of the Remembrance for that year.

Hee by the Lord Treasurers Warrant, the Chancellors Warrant, the Vice-Trea­surers Warrant, the Lord chiefe Barons Warrant, the Kings Attorneyes Warrant, out of the Court, and in the Court by the Order of the Barons, doth make all manner of processe, Writs, Commissions, and In­junctions for matters on his side, and ma­keth stayes, and Supersede as of them, as he is by them willed and commanded.

He writeth once a year the issues of his Office returned by the Sheriff every Term, and last upon all manner of distresses in the same, which being bound up and exami­ned by the Clerks of his Office, are deli­vered over by the Roll of Estreates to the Clerke of streats to write out, who setteth his hand to the sayd Roll for recei­ving of the same.

Hee layeth every Lent yearly a Remem­brance of the 5 year before, & dothregister & make up cleere all the Records of the same, or discontinueth them that cannot be made perfect, and inrolleth processe a­new [Page 70] of those matters, and so receiveth the same by new writing them out againe. In which time also of Lent, he entreth also eve­ry Writ in that Roll of Writs of that yeares Remembrance that is Law, and all the Ho­mage Writs of the same, and likewise all the fylances of his Office of every Terme since that Remembrance, then he doth lay to see if they all be still currant in course and every Term as they ought to be, and such as are found wanting by falling off, or otherwise, are then new enrolled in the Roll of Writs, of that year, and so are 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 speciall 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.

Sheriffs Accounts.

HE, if the Sheriffs do account by im­provement, and have no tally of Re­ward after the Secondary hath cast up eve­ry Sheriffs first summ, doth examine it; and seeth that the same be made only of Sheriffs vicommells, upon which hee giveth him allowance, first of his profers payed by tally, and then of all such allow­ances, as are given him by Act of Parlia­ment. Then after his said Secondary hath made up the Sheriffs second summ upon his De debitis plurimum, which be his Tots and upon his De pluribus debit is charge which be his greene Wax, and his whole as before, or so many of them as he is charged with, hee causeth the Sheriffs forraigne accounts to be cast up, and char­geth first to the same second summ, the old seizures thereof, which be Lands and Tene­ments seized before by his predecessors, upon the processe of the Court, and then chargeth the Sheriffs own seizures to the same, which be of lands & Tenements seiz­ed [Page 72] in his own time by Process of the Court, & so addeth to these such Fellons goods as he hath seized himselfe, After which things done, he giveth him allowance of all his payments, deductions, annuall Charges, and soe bringeth the Quietus est: And if the Sheriff do not account by Improvement but hath a Tally of reward, then the said Secundary doth make up but one summe to such Sheriff of his whole Charge afore­said.

Escheators Account

HE conveyeth yearly into the great Roll breifly, the Escheators accounts of e­very Sheire into the pipe of the same Shire where he is Escheator, he entreth 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 soe is the Es­cheator brought downe 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 doe lay every lent a Remembrance in either of their Offices, and such debts and Remains as be not, or cannot be made quit and cleare in the said great Roll made up every Lent, are Conveyed into the Pipe of the great Roll that should be made up for the year following.

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 yearely and the debts and the remaines in them are from thence conveyed over from time to time in the great Roll, and are summo­ned out, or Written for the processe from Schedula Pipa, where they are en­tred [Page 74] also to be the ground of the Treasu­rors Remembrancer to make the processe by.

Rolls of Subsidies and Fifteenes

HE hath even so speciall Rolls for all such Subsidies and Fifteenes granted to the Prince by act of Parliament, called the Subsidie Roll of the Clergie, and the Sub­sidie Roll of the Laity, and the Roll of Fifteens of such a king, or of two or three Kings together as it falleth out, or may be continued, Into which he entreth the seve­rall accounts of the severall Collectors, and of such debts as remaine unpayed upon anie of them, are conveied likewise into the great Roll, most meete for the same to be Charged in, and so are summoned out also, or written for by processe from Schedula Pipe, by the Treasurors Remembrancer as aforesaid.

Rolls of the Wardrobe and Coffers

HE hath likewise a speciall Roll for the Wardrobe and Coffers accounts to­gether called Magna Guardrobe Roll, and the cofferers Roll, into which their accounts are ingrossed, and the debts in the same are Conveied over as afore into the great Roll, save that the Cofferers yearly Remaine standeth still into his next years accounts do passe to be examined and Charged, and so is still on from yeare to yeare.

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 Tenthes to the same.

[Page 76] He putteth in Charge yearly into his Book called the great Roll, all Sheriffs ac­counts Escheators accounts, Bayliffs ac­counts, and men of certaine Townes ac­counts that are called to account by the Treasurors Remembrancer.

He maketh therein the Charge of the said accounts for the Counties, Cities, and Townes of the Realme, as they be and lie in the order of letters by the Alphabet, end so the first Pipe thereof beginneth with the Charge of the Sheriffs of Bedford, and Buckingham, and Townes as it falleth out by order of the let­ter.

He maketh the first Charge of every Sheriffe 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 Conquerors hands after he had given away asmuch as pleased him at his Entrie. The second seemes to be those lands, tene­ments, Rents, services, and profitts which came to the Crowne afterwards by Attain­ders, Forfeitures, and seizures, most of which where they be are not known to the Sheriffs [Page 77] of the Realme, but yet many of them are gathered up in rents by their Bayliffs, as knowne to them by tradition and succession and so are either payed or made up by them to so much as he is charged with yearly in the Pipe.

Farme Rents and services.

HE after this, doth Charge him with the Fee farme Rents and services of the shire, but are reserved there, and drawne downe into the great Roll out of the yearly originall of the Chancerie streated as afore into the Treasurors Remembrancers office, which Clerk of the Pipes Secondarie is bound from time to time, and from Roll to Roll to peruse, and finding in the same any yearly Revenue, Reservation, profit, Remainder or Revertions reserved to the Crowne, he draweth them downe into the great Roll, and maketh Charge thereof in the Shire where they be, so as ever after where they be payable, they be yearly sum­moned [Page 78] out before by the Controller of the Pipe to the Sheriff of that Countie. And all the said Remaines and Reversions, are conveyed into the Roll of the Reversions, that is another Book in the Pipe, and made from time to time, that when any of them do revert a gain into the Crowne, are to be put into Schedula Pi. that is mentioned, before the Treasurors Remembrancer make out the Writ of Reversion to enquire thereof; and to seize the same.

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 yeares, and be written from other Rolls to the Sheriffs of that yeare, and after that title, he setteth to his Charge Nova oblata, which be as it were new debts brought together, and drawne downe from Customers accounts, or Escheators accounts, or recovered and set downe from some one of the Remem­brancers [Page 79] sides, or other Records or grounds of the Court, and have their names belike of Oblata upon the same that are so brought together.

He after the forraine Opposer hath made up the scroule, and summe of the greene wax of every Sheriff in the severall titles the same doth arise, and it is delivered into the Pipe, doth make up the next Charge of the Sheriff Viridi Cera, which riseth out of the streats of the Fines, issues, and Amer­ciaments that came from the Kings Bench, the Common pleas, the Justice of the Peace, the King, or Treasurors Remembrancers side.

He straight after this, doth Charge every Sheriff with his Casualties, which are all manner of Debts of Casualties, and Releifes, Fines, Amerciaments upon the Sheriffs, debts recovered and such like as are drawne downe either from anie Record of anie of the Remembrancers of the Eschequer, or from anie other ground, matter or seizure of the Court, and be so brought toge­ther.

And the Sheriff Answereth as he hath Cause to every summe, viz. such a summe [Page 80] within liberties, and sheweth whose they be Then the forraine Opposer setteth against that summe, the name of the Owner of the liberties, and if he have the same in Claime by Ancient President either knowne or cer­tified to the sorraine Opposor out of the Pipe, he giveth the Bayliffs of the liberties allowance thereof, and maketh Clamen in the margent in the originall Record against the summe, otherwise he maketh speciall tot. against the same summe thus: or or: in which pricks, and by which pricks of use, he knoweth whose liberties the same pricks do meane, Then the Sheriff going on, and saying to another sum tot. the forraine Opposor marketh it in the margent in the originall thus without pricks, and so that is a Charge to the Sheriff onely And after the Sheriff saying to another Summa nihil, the forraine opposor doth marke also against the Summa in the Margent in Rottulo. 21, or 13 as the Streate is of the yeare of the King Whereof the opposall is. and he goeth through that originall record, his whole libertie of the rest of the Sheriffs greene wax streated unto him, and marketh every summe in such wise as before.

[Page 81] He afterwards maketh the Sheriffs scronle in parchment of all the totalls, with pricks, & casteth up the severall totall sums if they be in severali natures, & where any Δ' with pricks is wthin any such totall sums, as for example, A. B. Vicecom. pred. oneratur minit. exitus twenty pounds to pull off the 'Δ, with pricks from the Sheriff, he saith immediately after, that totall Summa C. 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 Bayliff from the said scroule is charged in the great Roll, with the 'Δ, with pricks where it concerns, and the other without pricks is charged in the same Roll to the Sheriff himselfe on­ly.

He saith that he leaveth the Nihils that be marked in the Margent of the Originall Record in Rotulo 12. or 13. as aforesayd, for the Clarke of the Nihils to write out by his sayd markes in R when they be delivered againe into the Clerke of the Streats Office.

He alloweth to the Sheriffs the Justices of Peace wages of his Shire out of the Fines and Forfeitures before the Justices of the [Page 82] peace thereof if the Streat will bear them, layed out before the Sheriffs for the Justi­ces wages, according to the Statute, of the which allowance, and of the particular names of the Justices, the sayd forraigne opposer doth deliver a Roll into the Pipe for the Clarke of the Pipes Warrant to al­low the same wages to the Sheriff.

Clarke of the Streats.

IS the Officer that receiveth yearely out of the Treasurers Remembrancers Office, all the Streats of the Kings Bench, the Common pleas, the Justices of Assize, the Justices of the Peace, the Kings Remem­brancers side, his hand from time to time made in the sayd Roll of the Streats, there restifying the receiving of the same.

He writeh out yearly all the sayd Streats to every Sheriff of England, as they in e­very shire at the two Liberates of the Ex­chequer, that be every Hillary Terme and Trinity Term, for to levy and to answer all the summs of the same.

Hee maketh Schedules in parchment un­der [Page 83] his hand agreeable with his Streats, sent out as before with the summs of the same truly totalled, when any Sheriff will make petition to be discharged of any sum in the same by good matter offered.

The Auditors of the Prests

BE they that take the old great accounts of the Exchequer, as Ireland, Barwick, the Mynt, the Loan, the Wars, the Ships, the Provisions, the Hamper, the Ordnance the Clerk of the Works, and such like re­membred before, who now declared the same before the Lord Treasurer, the Chan­cellor and under Treasurer only, and be ne­ver entred in the Court of Exchequer, nor examined nor written upon there as they had wont to be.

That upon many years so moving out, and writing processe forth, sound meerly desperate and illeviable upon the parties, that owe them, either alive or being dead, upon their heirs, Executors, Administrators, their Goods, Chattells, Lands, Tenements or Ter Tenants, which desperate debts of [Page 84] 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 speciall 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 wholy established by Articles of the unyting of the late Court of the fist Fruits and Tenths, unto the Exchequer, and by a late decree of our Court, concerning the altering thereof from the first erection, which for breifne [...] here are referred over to the same.

The Comptroller of the Pipe.

IS an Office that was first devised to keep a Controll of the Pipe, that should write and keep every year a like great Roll in e­very matter of charge and discharge, as the Clark of the pipe doth, and should lay every Lent such a one, as well as he, but (as I learn) no such Roll hath been made up by him for many years, and yet (as I hear) he writeth yearly now all the pipes of the great Roll, the Clerk of the Pipe doth keep, but he doth not yearly make them up into a great Roll.

He only writeth out twice a year the two summons of every shire of the Realm viz. his first sumuons every Hillary term, where in he writeth only the Sheriffs Vicondeles, his fee farmes, and sometimes his Oblata, and likewise the second summons every Trinity Terme, wherein hee writeth his Nova oblata, and casualties, and so up­on the opposalls of every Sheriff, he may if [Page 86] he list see how every of them do O. Ni. or rot. every Terme 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 Kings Majesties 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 Kings 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 priviledged as before to sue and to be sued only there in the said actions and no where else, if they will in time claim and sue their priviledge.

[Page 87] He in his Office bringeth all matters to an end, and either upon Nihil dicit or by Demurrers argued, or by verdict tryed in Court or by Nisi prius at the Gaild Hall in London, or at the Assizes in the County be­fore the Justices of Assize, and so by the Judgment 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 Forraigne Apposer

IS an Officer to whom all sheriffs after they are apposed of their summes out of the Pipe, do repair to be apposed by him of their green wax, who appointeth them a day certein for the same, and so the sheriff payes for the Clark of the streats against that day to bring to Westminster, the Ori­ginall Bookes and Records of their greene Wax.

He at the day of the sayd apposall ap­pointed, taketh the sheriffs streats, and cau­seth his Clark to look upon it, and he him­self [Page 88] readeth the Origin all Record, and ap­poseth the Sheriff, what he saith to every summ therein, and the Clark seeth the she­riffs streats, if the Originall do agree with the Wax.

The Kings Attorney Gene­rall.

HE is made privy to all the Answers put in upon the sayd nformations, and ei­ther demurreth thereupon, or replyeth as he will, to bring the matter to an issue, and at his pleasure to the King, all advantages of pleading, given to his highness by the Defendant, and sometimes presseth the Court to hold and keep still the same, and otherwise he yeildeth and suffereth the par­ty to amend his plea, answer, and Rejoyn­der, and so proceedeth to the joyning of an issue.

He is made privy to all Replications drawn from the Kings side, and altereth and amendeth the same after his own liking and so is he likewise to the partyes Rejoyn­der [Page 89] against the King, and either confesseth the plea, or the party Defendant, upon the same, either suffereth it to come to a try­all by Jury at the Bar, or by Nisi prius in London, or in the County where the mat­ter lyeth, and so come all matters of plea to judgment, and an end, either upon the Kings Attorneyes confession, or by tryall of Verdict, or by Demurrer, or by Judge­ment of the Court alone, or upon a Nihil dicit by the Kings Attorney.

He in some cases will not confess the plea for the party rising upon the processe of the Court, though it were reasonable he should without the Kings Majesties 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 Kings Right and process of the Court, against all Counsellors, sollici­tors and Witnesses at the Bar, both in the Court, and in the Exchequer Chamber for the party, and upon the opening and a­vowing [Page 90] of the Law, he either offereth the Defendant an issue, or to demur in Law with him upon the point, and so prayeth the Court he may do, and that the party may be inforced according to the Law to joyn issue, or demur in Law with the De­fendant as he thinketh will serve best for the Kings Title.

He oftentimes, when the issue upon the Plea comes to tryall by the Jury, and that they are suspected, or seem laboured doth sometimes by exception quash the whole Jury, or so many of them as the matter cannot proceed to tryall, and sometimes fearing the partiality of the whole pannell and suborned Witnesses, he bringeth the matter to a Demurrer in Law upon the opening of the Evidence, and so saveth the Kings case politickly.

He deviseth all the Assurances the Kings Majesty hath of any Lands and Tenements either sold to his Highness for any debt, or assured unto his Majesty for any debt to be payd at dayes, or else to be forfeited, which Indentures, Deeds, Fines, Recoveries, and other such Writings, he delivereth now into the Kings Remembrancers Office that [Page 91] were wont to be kept in the Treasury to be put in charge before the Auditors of the Counties, where the same Lands and Tenements do lye according to the 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 proceedings in certain matters depending in their Office, when he thinketh it best for the King, and Copies and Books to be made thereof, both for the judges, the Barons, and the Kings learned Counsell, as the case shall fall out.

He suffereth sometimes the Demurrers for the King to be argued, by other lear­ned Counsell, then the King retains by the party that followeth the Kings suit or his Tenant, or for his commodity, or for some other respect,

He suffereth so the partyes sometimes that folow the suite for the King, to bring [Page 92] other Counsell to the Bar then the Kings, to open, plead, and defend the Kings 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, Processe, writs and Injunctions, as the Lord Treasurer, the Chancellor, the Vice-Treasurer, and the Lord Cheife Baron doth.

He, when he understandeth, or is com­plained unto, that any stay, lingring, or Supersedeas is of any processe or execution for the King, doth call straight upon the Officers where it lyeth, and asketh why such a processe or matter stayeth, and be­ing informed of the cause, and it is by the Lord Treasurers, Master Chancellor, Vice-Treasurer, or the Courts order, he saith, stay them for a time, and I will move in it, but otherwise the matter proceedeth by his order with all expedition.

He very seldom, or never of himself stay­eth any process matter or cause of the King but being moved there of by the cheif Offi­cers of the Court, he will seem for a time content, and leaveth the same to their or­der, [Page 93] yet he is content to give all suitors dayes to appear to shew their Rights, and bring in their Answers, Rejoynders, Wri­tings, Evidences, and Patents.

He with the Lord cheife Baron and the Court Pro misis parcandis, doth set Fines for Compositions upon any Information depending in the Court by any speciall Statute, and thereupon the partie defen­dant is discharged, and the record made up to shew how he hath Compounded, And so is drawne and set downe from the Roll of the Kings Remembrancers side and is charged and discharged in the Pipe as is a­foresaid.

He certifieth into the Clerke of the Streate office yearly in the Exchequer, all the Kings moities recovered, and fines for Impositions made in the Kings Bench upon all penall summes or penall Statutes, and pay the same yearly into the Receipt by taile, and being set downe into the Pipe by the Clerke of the Streate, he hath his Quiet us est, for the same

The Kings Sollicitor

SItteth next to the Kings Attorney in place, & sometimes Answereth the Barr, or the Court on the Kings behalfe, both in the absence of the Kings Attorney, and when he is present, but otherwise he med­leth not any way with the Kings Attorneys office.

He ceusidereth with the Kings Attor­ney all the Kings Majesties hard and doubtfull cases depending in Court, and sheweth his opinion of the same both in Court and out of Court in the Exchequer Chamber.

He waiteth on the Judges to know when they shall be able to Attend the Kings Causes that he and the Kings Attorney hath for matters depending in the Exche­quer to informe them of, and both giveth every of them the case, and the Copies of all Books and Presideats concerning the same.

He argueth before the Kings Attorney all the Demurres that be in the Court for [Page 95] the King, and sometimes alone without the Attorney with other learned Coun­cell out of the Kings fee, that are retian­ed with him on the Kings side by the partie that followeth the suite 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 Fifteens, or the cofferers accounts, but by Assignement in open Court by the Mar­shall, and so entred in his Book, to the in­tent no accomptant shall seeke an Auditor of his Choice.

[Page 96] They waite on some of the three youn­ger Barons with every such account when it is ingrossed who examineth the particu­lars, and the totalls of the same, and seeth if then the same account be straight and true, and then it is set upon the head of such Account examined, to know by whom it passed thus, or as it falleth out in­deed.

AB: Auditor CD: Clericus

AND so it is deliveered by the Baron or Anditor first into the Kings Remem­brancers Office, and so from time to time to the Lord Treasurors Remembrancers Office and so from him to the Clerke of the Pipes Office to be entred as aforesaid in the Roll as it should be after his nature as afore­said.

They cast out all Sheriffs in open Court, viz. two or three of them lay the summes and charge of their accounts as they be read to them in open Court by the Clerke [Page 93] of the Pipe, and then they allow out of the same, their Annuall Deductions, and such petitions as they make and be, read them in summes in open Court, and so try them either Aeque, or surplusage, and if both or all the Auditors casting doe agree, then be the Sheriffs delive­red out of the Court by Proclamation of some one of the Ushers.

They ride every Michaelmas Terme to their Audite, kept at the Kings Court in every shire as they are allotted especially unto them, where they take the Ministers accounts of the late Augumentation Reve­nue, at places certaine appointed before by their precept, and sent out to the Bayliffs, Reeves, Collectors &c. and there by order from my Lord Treasuror, Master Chancel­lour, and the Vice-treasuror, they have Authoritie to give certaine Allowances of reparations not exceeding the summe of where the kings is no bound thereunto and to do the ordinary things of their Audit.

They make a breife declaration of every of their Receivers accounts every Lent be­fore my Lord Treasuror, master Chancel­lour, [Page 94] and Vice-treasuror, and shew their last yeares Arrerages, and what every of them have payed in liverie money as in debt upon the same. He is then ordered to pay into the Receipt according to the Sta­tute upon the determination of his ac­counts, or is respited by the said cheife, Officers, as they see cause for the same.

The Receivers

BE onely 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, Bayliffs, Ministers of the said Revenue, do gather up within their Sche­dule receits as either payable halfe yearly or found due upon account.

They pay all Pentions within every of their receits, and are bound to pay all their money found due upon the determination of their accounts according to the Statutes in that hehalfe made, or they forefeit their [Page 95] office, and they and their Sureties are ex­tended besides.

The Surveyours

BE onely 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 Mannors lands, and Tenements, as the Court hath occasion, and doth think meete from time to time for any cause to be survey­ed.

The Attorneys and Clerks of the Kings Remembran­cers Office.

ALL those that are conmmonly retain­ed by the parties in all suits and mat­ters of the Office to appeare and Answer [Page 96] the Court for them and to follow all things in Court belonging thereto, but yet in such order, that according to their Oath they do nothing uncomely, or secretly, in perjudice of the kings Majesties right, and title, but that which is orderly, usuall, and justifiable in open Court, and besides every of them doth from time to time that which belongeth to his place and senioritie in the Office aforesaid.

The Attorneys and Clerks of the Pipe

HAve assigned unto them and every of them speciall, certaine Shires of the Realme 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 owne Shires, and to every matter in the same, whereby one of them medleth not with a­nothers Shires but every one of them are retained for the Clyents discharge and to bring every of them his Quietus est, but [Page 97] yet as he doth nothing uncomely or un­truly to hinder the Kings right, and then besides, every of them doth in the Office what to his place Anciently apper­taineth.

The Attorneys and Clarkes of the Clarks of the Pleas Office

BE they that be retained betweene partie and partie in all suits commenced or de­pending there, who are in all orderly wise to follow their Clyents Causes, and to make their Pleas, Answers, Replications, and Re­joynders upon the same for learned Coun­cell to Consider, and to do nothing therein but what is lawfull, comely and usuall in the Court, and every of them doth besides that as belongeth to their place in the same Office.

The joyners of the tallies

BE the second Deputies of the Chamber­laines for that purpose, and are sworne at their Admittance to serve truly, who from time to time receive out of the receit the Foiles of all Tallies stricken there for any manner of person, and file them straight upon a string, which so filed, are kept under both their keys in their Chests, and when anie man bringeth any stock of those to be joyned that must be first done, ere they can be allowed in the Pipe.

The said two Joyners seek straight out the file of the same where it is filed, and taking it off, do see if the stock and the file do agree in hand, letter, and joyning, and be without suspition, and then do they prick them both usually with such markes with their marking Iron, as usually sheweth the stock to be joyned then with the same tal­lie, and the day of the joyning thereof is entred in a Book with the letter and summe thereof, and afterwards that tallie ie filed a­new in the Terme, that it is joyned and so [Page 99] kept, And then one of the said two Joyners delivereth over the stock that is joyned in­to the Office of the Pipe, and that partie never handleth it after, and so it cometh to allowance.

The two parcell makers

BE the Officers that gather out, and make the parcells of all the Escheators ac­counts and be appointed to receive under their hands out of the Treasurors Remem­brancers office sett downe in the Roll of Streats there, all Transcripts of Offices sent yearly thither out of the Chancerie that be found by anie Escheator through the Realme,

Then they are to make the parcells of any Escheators accounts in any shire, they do call for the precedent account of the Escheator that was the yeare before of that Shire, out of which they gather first the parcells Veterum Escaetorum, that were in the said last yeares account, and continued still undischarged, and set them downe in long Rolls of parchment of fullness of letter, [Page 100] yearly value, tenure, and state, as they be in the precedent account, and came from the Office out of which they were drawne first, then they gather the parcells of the new Escheators owne Offices he found in his time, and set them downe in the same Roll in like fullnesse of letter, yearly va­ue, tenure, and State, as they appeare in the same offices, which roll is incituled thus, Particular account A. B. Escaetor Com. Canc. & Middlesex &c. from such a day &c. And then in the margent of the Roll where the parcells do begin, there is Veterum Escaetorum, and so be these par­cells still Conveied downe, and being ended, then is sett in the margent of the Roll a­gaine Nova Escaet. against the first parcell, beginning with, going downe, and ended, there is sett in the margent of the same roll, Ter. & tenem. & catal. attinct. utlegat. fe­lon. & fugitivors. whereof the parcells be conveied if there be any, but commonly is set against that title eleven pound and they be Veter. Escaet. & nova Escaet: totalled up by themselves by the parcell-makers, which be the whole Charge of the Es­cheator, And they delivered those par­cells [Page 101] so summed up to the Auditor to whome such Escheator is assigned, and by the Marshall; and he Verbatim, accordingly doth ingrosse up his account, which passeth further on in the Court, as before is decla­red.

The Clerk of the Nichills

IS the Officer that repaireth to the Clerk of the Estreate every year, and seeth what Nihills be marked in Rottulo, in the whole Liberate, of the greene wax sent out that year, which Nihills be issues, that the Sheriff that is apposed doth say be nothing worth, and illeviable for the insufficiencie of the parties that should pay them, 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 Streats from whence they come, and where they are marked as afore in Rottulo, which Roll he delivereth into the Treasurors Remembrancers office, and [Page 102] upon the same there be so many Fieri fac: inrolled against such Sheriffs as have their issues marked in Rottulo, and Nihills which they returned, to know why they should not Answer the kings Majesties the same Nihills which they did returne for good issues, and leviable upon the parties on whose head they were set, which Sheriffs so summoned, must either come in and justifie them leviable, and prove them, and then he that Nihill'd them, or else the Sheriff that cannot so justifie them, must pay the same himselfe, whereby it appear­eth, the Court and lawe provideth, that the Kings Majestie shall loose nothing that he hath right to.

The Seale of the Court

IS the Officer that keepeth the Seale of the Court all terme time under every Chanceller, and is bound to Attend and seale all processe, Commissions, Injunctions, Exemplifications, and writts whatsoever, [Page 103] that be brought to him in Court, 'or out of Court, from any of the Officers that have Authoritie to make the same (except he have contrary Commandement, or his masters, or some of the cheife Officers of the Court do make stay sometimes of some of them for some speciall matter thought meete and expedient) who in many cases hath Fees for sundrie of them whem they be sealed for the partie, and not for the King, but upon allowance at the libe­rate.

The Cheife Usher

IS he that by inheritance hath the keeping of the Court, the Exchequer Chamber, and the howse with all the Appertenance where the Court dines, when they sit about the Kings businesse, who maketh provision for all the necessaries both of the Exche­quer and of the receit, and hath allowance at every liberate thereof againe, and seeth to all places of the Court, that all doores, chests, Records, and things be in safty from fire, water, or spoile, and giveth knowledge [Page 104] 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 Kings processe; and bring the Sheriffs Bil­ls subscribed from time to time for the re­ceit of the same, which he doth exammine by his Book that he keepeth of the libe­rate of all the Kings processe every terme, wherein is set and totalled up the num­ber of writts and processe that goeth out every terme, and to what Sheriff they be sent, and out of what Office in the Court.

The Marshall of the Court

IS an Officer to whome the Court Com­mits sometime the Custodie of such a one as they will not for the time send to the Fleete and yet is thought meete in that wise for some Cause to be Com­mitted.

He assigneth in open Court, all Sheriffs, Escheators, Customers, Collectors of Sub­sidies [Page 105] and Fifteens, 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 Originall into the Treasurers Remembrancers Office to be delivered by the Roll of Streats, there to the parcell makers to charge the same in such Escheators parcells when he cometh in to account.

The Foure Ordinary Ushers

BE such as with their stick, attend upon the cheif Officers and Barons of the Court, at their coming to, or their going from Westminster, and call all Juries, and all persons appointed them in open Court, and fetch them; they are appointed out of [Page 106] Court, and use to make in open Court, all noises, silence, and proclamations, calling of witnesses, returns, and of all cacountants, both at and after their dayes of prefixion, and times appointed them by Law, and the course of the Court, and to do all other things that are commanded.

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 Merchandize, that information is put against in the Ex­chequer, as seiled here in the Port of Lon­don, or in any other Ports of the Realme, as Custome and Subsidie thereof not payd, which Praisors of old time were chosen here of Merchants of the City, as it fel out, and as they were taken up by the She­riff to prize the said Wares, whereof they had skill, and now by the use of time, the sayd standing Praysors, that are appointed by the Vice Treasurer to be certain, have a certain small fee a peice, of and upon every appraisement.

The four Tellers of the Re­ceipt

ARe Officers of the Receit, that receive to the Kings Majesties use, all monyes payd in there, and do make new dated parchment bills, under their hands with such Counties names, letters, words, and summ in the same Bills, as serves briefly to make it to appear for what cause, and by whom, every such sum of mony to them is payd, and many yeares since they were in the Receit, Ponderatores, and Fusores, at which time it seemeth the mony was so wel kept, that the tale fell out even with the waights, and Fusores were then melters of the mony, to make assay of it into the Bal­lance, that it might be weighed.

These now deliver their parchment Bills to the party that payeth the mony, but cast the same down out of the Office by a hole made for that purpose, upon the Boord of the Receipt, whither the party repaireth, and prayeth a Tally to be stricken for him [Page 108] according to his Bill cast down, which Bills heretofore were oftentimes carried away by the parties that thought the same only a sufficient discharge for their mony, and were yet afterwards much vexed for the same with process.

They may receive all mens mony that are to pay any into the Receit, save the generall Receivers, and the Bishops Colle­ctors mony, who are assigned to each of them specially by name, that their pay­ments and arrerages 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 mony 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 mony is payd, and what re­mains in every of their hands from time to time.

They keep every of them a rough booke of every days receipts, as they fall out in e­very kind of payment made unto them, and they title their sayd bookes into half years receits, as thus, Michaelmas receit to Ea­ster, [Page 109] and Pasch. Receipt, for all monies Payd from Easter to Michaelmas, and their weekly Certificates by the same to the Lord Treasurer and others, as they are commanded, what every of them hath re­ceived.

They make every half year out of this their rough book, a fair paper book of eve­ry of their said halfe years receits, and from their rough books they do sort out in the same, all Receits of Revenues together, which be of payments only of ancient Re­venue of the Exchequer, and of the late Augmentation Court, and not of any mo­ny granted the Crown by Parliament.

Then next to the Revenue, they sort in the same fair book all Receits of mony granted to the Crown by Act of Parlia­ment, or of Subsides of the late Subsidies of the Clergy, the fifteens, the yearly Tenths of the Clergy &c. and title every of them after their Nature, and as they fall out by the first and second payment, and in this fair book, every of them doth sum up very perfectly all the said severall kinds of Receits, and doth totall up thereupon their whole years receit with the remain­der [Page 110] in their hands of their last halfe years accounts before.

By which fair book every of them do make their count books, they deliver half yearly to the Auditor of the receit to take their accounts which Counter books be of whole skins of parchment written on both sides, and on the top of the first skin 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 sayd skins on the left hand of every such line, which receits and payments be never totalled up by the Tellers, but are left to their auditors to do, who casteth up the totall of their Receits, with their sayd last half years Remainder, so maketh their full charge, and then doth he totall up their payments in the other side, and in the end doth make clear remain of that half years accounts.

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 entreth every Tellers said parchment Bill with his name on it, and writeth under every such parchment Bill that is entred Recordatur, which first Entry (as I learn) now is made in a paper book, and hath been begun but of late days to keep the Pelle fair, and from ra­zing as they say, when men are forced a little to mend the Letter of their Tallyes, but even before the first Entry of every Tellers Bill was made in the Pell it self in Parchment, and done in open Court, and so it is now afterwards ingrossed up by the sayd book at leisure.

He also in old time kept the parcell of issues in parchment, which were called, Pellis Exitus, wherein was entred every dayes issuing of any of the sayd monyes, and by whom, what Warrant, Privy seal, or Bill it was payed, which of late was re­ceived [Page 112] to be kept by him in the old Treasu­rers time, and thought then very neecssa­ry, but now since (as I learn) it is layd down again, as thought not so necessary, the Receipt being ordered as it is at this day.

The Cutter of the Tallyes.

IS the Officer that provideth a seasoned and proportionable hasell for the Tallies, and cutteth the same to fit length for the purpose, and doth somewhat thwite every stick thereof into four square sides, that they may be better cloven and written 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 [Page 113] Court, like entries of every Tellers bill into like Pells of Parchment, as the Clark of the Pell doth, and that Verbatim, which now here be sometimes kept, and some­times not, the sees thereof are so small, and the Pell by processe of time is grown so great, that no man would willingly Write the Controllment for the see.

They were wont also in ancient time, either of them to keep a like controllment of the sayd Pell of Issues, and to make both theirs Verbatim, agreeing with the Pell of issues as afore, kept by the Clark of the Pell, which these many years was not kept by them.

The Auditor of the Re­ceipt.

IS the Officer that taketh up straight eve­ry Tellers Bill after it is marked Recor­datur, by the Clark of the Pell, and entred by the controllers of the Pell likewise, and syleth it straight upon a fyle, then h [...]s Clark called Scriptor Talliar. & contratal­liaram, [Page 114] 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 Chamberlaines to cleave.

He the said Auditor doth enter all the said parchment bills again in a fair book that is to him as Pellis Recepti, and by those same he doth see what monyes every Teller receiveth weekly, and of whom, and what every half year in his Michael­mas Receipt and his Pasch. Receipt, where­by he certifieth weekly to the Lord Treasu­rer, and others as he is commanded, how all the mony of the Receipt particularly is payd, and received. By which certificate it is seen and examined, whether every of the Tellers Certificates weekly be true and justifiable.

He maketh now to every of the Tellers a Debentur, before any of them can pay a­ny mony out of the receit, be it upon Fines, Privy Seal, or Warrants that they pay, which is to be made, and is very conside­ratly done, that upon any restraint of [Page 115] payment given by the Lord Treasure or his order, his Lordship may be sure to have his Majesties mony kept still undefrayed, while the same be set again a [...] Liberty.

He receiveth every of the Tellers 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 seeth the total of them; after, he casteth up the to­tal of every of their Counter books to see if the totall of every of them doth agree with the total of their parchment bills, and so doth make up fair the totall summ of every of their Counter books, that be agreeable with their bills, and they that have any 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 [...] [Page 116] ons, he maketh every of their cleere re­maines upon their Counter bookes for that halfe year also, as he had done before, and so declareth all the said Counter bookes halfe yearly before my Lord Treasuror, when it is his pleasure.

He keepeth the black book of the Receit, and the Lord Treasurors key of the Trea­sury both where the ancient leagues of the Realme, and all the Perambulations of the Forrests, and the Records of Justice Itinerant, and divers other Records do lie, Both in the old Court of wards, and in the old Parliament house in the Cloister at West­minister, where no search can be made with­out that key come, with both the Chamber­laines keyes thereof.

He doth (now of late) se every Tellers money locked, and sealed up in the new Treasurie, made for that purpose, when it is my Lord Treasurers pleasure, or or­der so to have it to be; and keepeth or delivereth the key as he Commandeth.

The two under Chamberlains

BE both the Chamberlaines deputies for the Receit, and when the Tallies are written upon as before is declared unto them, one of them doth Cleeve the same even in the middest between the double let­ter of the Tallie mentioned before, and then the Cleever taking the stick, and the other foile, 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 partie, and the foyle straight cast into the Chamberlaines Chest, where they keep all their foiles, together with their knives, and the Book of Doomesday, while the Joyners fetch them away from time to time as they be occupied.

In which Chest also, be kept the keyes of the Treasurie under three locks, whereof [Page 118] the auditor of the Receit hath one key, and the two Chamberlaines another key, and the Usher of the Receit that is in the Kings guift another key, who doth now attend by his deputie, and is to do all things there be­sides that, that other Ushers use to do, and keepeth the Receit as the Usher by Inheri­tance doth the Exchequer.

They make all searches in the Treasurie for any Record at the suite of the parties, and Exemplifications of the same, where­of the Fees are divided betweene them, and the keeper of my Lord Treasurors key as of long time hath beene accusto­med.

The Fower ordinary Messen­gers of the Receit

BE the Pursevants only Attendant upon my Lord Treasuror to carry his Lord­ships letters and percepts to all the Custo­mers, Controllers, and Searchers through England, and to ride and goe where it is his Lordships pleasure to Command.

The Lord Treasuror.

1 FIrst all Honers, lands, tenements, possessions, amd all other heredi­taments which are within the sur­vey, rule, and order of the Augmentations of the Crowne, and the Arrerage, of the same, shall be received, leavied, and gather­ed form hence forth by the Sheriffs of every Shire and Countie within the Realme of England, where the said Honers, Castles, Mannors, lands, Tenements & other here­dizaments do lye, or by any other person or persons that shall be appointed by the Lord Treasurer and the Court thereafter, which [Page 120] Receit the said Sheriff of every countie, or other accountant so appointed, shall con­tent and pay the Revenue thereof at the Receit of the Exchequer in manner and forme as hereafter shall be declared.

2 Item, the Revenues in wales, shall be yearly received by the Chamberlaine there, or by any other person or persons that shall be appointed by the said Lord Treasu­ror and the Court as is aforesaid, the same to pay at the receit 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 tallie of reward yearly ac­cording to the Rule of their severall charges if it shal be thought fit by the Lord Treasu­ror, Chancellor, Chamberlaines, and Barons or by three of them whereof the Lord Trea­suror to be one.

4 Item, that every Sheriff of England, or other accomptant shall be charged with the Revenues aforesaid in his account from Michalmas, to Michelmas, according to the Ancient lawes and Customes of the said Ex­chequer.

[Page 121] 5 Item, all such summes of money as shalbe 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 Ascention of our Lord year­ly, and to pay all such summes of money as shalbe found due upon the same before the Feast of Penticost then next ensueing, and where they be payable at Penticost, those rents to be payed before the Nativitie of Saint John the Baptist then next follow­ing.

6. Item, if any former accomptant or debtor hath paid any summes of money at the receit aforesaid, before the making of the view aforesaid, that then the said Sheriff or other accomptant shall be discharged by the payment thereof being of Record with­out any further suite or Charge in the said view of account.

7. Item, that all such summes as shalbe due for the said Revenue at the Feast of Michaelmas and Saint Martin, with the [Page 122] Arrerages due upon all former accounts, shalbe paid at the receit of the Exchequer by the Sheriffs or other receivers, or accom­ptants (that is to say) as much as shalbe due at Michaelnsas, before the Feast of the Nativitie of our Lord God, And asmuch as shalbe due at Saint Martin, to be paid into the receit before the twentieth day of Fe­bruary, then next insueing, or otherwise make declaration unto the said Court of Exchequer of the payment thereof by ver­tue of sufficient Warrant.

8. Item, that every Sheriff, and other Accomptant shall appeare to his account in his owne proper person, or by his sufficient Deputie Authorised in writing under his hand and seale in Hillary Terme, 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 filed, and entred of record, without taking any Fee, or reward for the same.

9. Item, the said Sheriff or other accomp­tant, or Accomptants, or his, or their law­full Deputie or Attorney after his or their [Page 123] Appearances, to make their accounts for the said Revenues before the twentie fourth of February then next after, and the Audi­tor taking the said accounts shall deliver the same accounts ingrossed in parchment Au­thorised and allowed by the hands subseri­bed of the Lord Treasuror, Chancellor, Vice-treasuror, and Barons of the said Ex­chequer, or by three of them at the least, whereof the Lord Treasuror or Vice-trea­suror 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, then next following, as further pro­cesse thereupon may be made if cause shall so require.

10. Item, that the Lord Treasuror, Chancellor, Chamberlaines, Under-treasu­ror, and Barons, or three of them whereof the Lord Treasuror to be one, and in his ab­sence, the Under treasuror shall have full power and Authoritie by their discretions from time to time, to give Allowances as­well to the Farmors and Accomptant for the yearly reparations and other Allowan­ces, as also to every person and persons [Page 124] that shalbe hereafter appointed by them or by the more part of them, for the doeing and executing of any processe or other thing concerning the premis­ses.

11. Item, all Records of the said Court of the Augmentations that doth concerne exemtion of any processe for Indentures, Recognizances, obligations, and all records of Books of orders and decrees concerning the premisses. shall remaine in the Charge of the Kings Remembrancer of the said Ex­chequer in such place or places, as by the Lord Treasuror and the Court shalbe from time to time appointed

12. Item, that all Commissions for woodsales, and Commissions for survey of any part or parcell of the premis­ses, 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 Inrollment of Leases, and the Counter­paines of the said Leases and Warrants for making of the same, and all accompts that shall remaine in the said Court concerning [Page 125] anie thing or matter within their old order and survey of the same shall be and re­maine in the Charge of the Clerke of the Pipe of the said Exchequer in such place as the said Lord Treasuror and Court shall a ward, so that processe may be made upon them Unde superius, as long as the case shal require.

14. Item, that all sealed Evidences, Ren­talls, Court rolls, and other writings, and miniments whatsoever, touching the said Revenues, be placed in the Treasurie howse that shalbe appointed for that purpose by the Lord Treasurer and others the head Of­ficers of that Court.

15. Item, Accounts to be taken every yeare and the Ingrossments in forme as a­foresaid to remaine in the Charge of the Clerk of the Pipe in such place as shall be appointed by the Lord Treasuror 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 certifie one part [Page 126] 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 needfull reparations presen­ted by the Homage making thereof a Streat to the Sheriffs of the Shire, or to such other Accomptant, as shalbe appointed to the receit thereof as he may thereupon make his receit and payment upon the end of his account, and that noe reparations be made at any time but by Warrant from the Court under three of the Officers hands, whereof the Lord Treasuror 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 Trea­suror, and two such others of the Court as he shall call to have at that time and in his absence the Under treasuror calling to him two of the said Court.

18. Item, that noe Steward, Bayliff, or Woodward be admitted, but onely by the [Page 127] Lord Treasuror, Chancellor, and Chamber­laines, Vice-treasuror, and Barons of the said Exchequer, or three of them at the least, whereof the Lord Treasuror or Under-treasu­ror to be one of the same Officers to passe un­der the Seale of the Exchequer by the Lord Treasurors Assignement under his hand, and the same Bill or Bills to be made in the Office of the Pipe there to be entred of Record, filed, 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 Callis, and the Reve­nues of the Courts there, the Prises, the Mints, the great Guardrobe, the Customes of the Ports of Chester, Barwick, and Callice, to be yearly taken and ingrossed by the Audi, tors of the said Exchequer according to the Ancient lawes of the said Court, and as here­tofore they have beene accustomed before the Erection of the Court of survey and Augmen­tation of the Revenue.

20. Item, where in times past there hath beene continually 6. Auditors serving in the said Court of Exchequer, whereof at this day and of long time hath beene remaineing but 5 [Page 128] 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 Receit be likewise attendant upon his Office, to exe­cute the same in his own person, and not by Deputy upon the losse 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 Kings 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 shalbe 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, arrerages of accounts, and o­ther dutyes and summs of mony which have been answered in the said Exchequer, be payd in the sayd receipt.

[Page 129] 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 sayd 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 Leagure to be made of all spe­cialties brought into the said Court.

27. Item, That all Letters Patents, Grants, Leafes, and other Assurances, made by the sayd late Courts dissolved, shalbe of the same force and strength, as they were in the sayd late Courts dissolved.

Lord Treasurer.

7. Item, The said Lord Treasuror 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 shal be thought meet for the passing of the same accounts.

8. Item, The accountant or accountants that shall not come to determin his or their accounts in form aforesaid, his or their goods and lands shall be seised to the Queens use, no­mine districtionis, and shall loose 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.

[Page 132] 9. Item, all Sci. fac. attachments, and writs of distresses for debts, or accounts concerning the premisses, shalbe made by the Treasurers 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 Man­nors, land, tenements, or other hereditaments or concerning any annuities, pardons, or o­ther such like, shalbe inrolled in such office of the said Exchequer, as by the discretion of the Lord Treasurer and the said Court shalbe 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 premisses, to be inrolled 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 [Page 133] 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 summes of money, as shal be due to anie person or per­sons for any Annuities, Fees, pensions issueing or going out of any of the premisses according to their grants allowed and inrolled, unlesse they shall have speciall Commandement by the Court to the contrarie.

13. Item, that the Farmors, and Lesses shall be bound to the Queen, and by Recog­nizance to performe their Covenants in their Leases in such forme, as by the Court shall be ordered.

14. Item, all Warrants for leases to passe by the Lord Treasuror, and if the yearly rent of the land to be letten, shall be above the summe of forty shillings by the yeare, then the same lease to passe under the great Seale 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 Seale, as here­to fore in like Cases hath beene accustomed; And if the land to be letten, doe passe not the [Page 134] yearly rent of 40 s. then the Lease to passe the seale of the same Court of Exchequer paying 6 s. 8 d. to the Queens use, 3 s. 4 d. to the Chancellor of the said Court, and 4 d. to one appointed to Attend the seale for his Atten­dance, and wax. And the said Leases under the value of 40 s. to be alwayes made by the Clark of the Pipe, and filed together for every yeare by themselves, and there to be inrolled within the said Office, as the said Clark of the Pipe may report the Indentures for the more surety of the parties, taking for the inroll­ment as shall be ordered by the Court.

15. Item, the said Lord Treasuror shall not have any Authoritie to make any lease in Re­version of any part or parcell of the premis­ses, or of any woods, or anie Mannors in grosse for the terme of certaine yeares without the Queens highnesse speciall Warrant to him to be directed in that behalfe, and then Warrant to be made by the Lord Treasuror of England in forme aforesaid.

16. Item, the Lord Treasuror taking to him the Advice of the Chancellor, under-treasu­ror, and cheife Baron or two of them, shall have Authoritie to assesse Fines for any Lea­ses of any part or parcell of the premisses to [Page 135] be made by the said Lord Treasuror in forme aforesaid.

17. Item, the same Officer to write, and make all manner of processe, Commissions, Entries, Books, Judgments, and decrees of the Court, with all other writings and mini­ments whatsoever, aswell for the arrerages of such first fruits as for all Tenths, and Subsidies of the Clergie due to her highnesse heires, and Successors by such speciall 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 Tenthes.

18. Item, all Certificats returned upon any Commission issueing out of the said Court of Exchequer concerning anie first fruits, Ten­ths, or Subsidies aforesaid the valuation of any Ben [...]fice, or promotion spirituall 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 Clergie, made against the Incumbents resusing to pay their Tenths and Subsides being exhibited before the [Page 136] Court of Exchequer, and by them allowed, shall remaine 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 processe 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 proceedinges there­upon in the Exchequer.

AN English bil is a petition in English ex­hibited by the plaintiff to the Lord Trea­surer Chanceller and Barons of the exchequer in case where the plaintiff supposeth he hath right to recover the possession of lands or goods deteined from him or debts due to him or to have remedy for some other wrong done to him by the defendant that he hath noe evi­dence nor specialty to shew forth nor can make any such proofe as is required by the strict course of the Common Law to recover [Page 137] or have remedy for the same, but supposeth that it lyeth in the defendants owne know­ledge and that he will confesse the same in his answere. And in case where the plaintiffs sued at Common Law for the possession of any lands or for any goods, chattells, Debts or o­ther things against which he can make noe suf­ficient defence by strict course of the Common Law but in equity and good conscience ought to be releived and get either wholly dischar­ged or the extremity mitigated and modera­ted and supposeth that the defendant will confesse in his answere the truth of the matter by him alledged.

Every plaintiff that shall exhibite any such bill ought to be priviledged either in person as an Officer or Clerk of the Court or servant to some of them or an accomptant or Debtor to the king or otherwise or else in the cause as if that concerne the king in the inheritance, pos­session or intrest 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 proces in the same Court for the same matter.

The Kings Attorney also may exhibite En­glish Bills in the Exchequer for any matter [Page 138] concerning the King in inheritance or profits and in like manner any person that findeth himselfe greived in any cause prosecuted a­gainst him for and on the behalfe of the King or any patent by grant of the King may exhi­bite his English bill against the Kings Attor­ney and such others as are interested in the cause to be releived in equity. In which case the plaintiff must Attend the Kings Attorney with a Coppy of his bill and procureth him to answere the same and the Kings Attorney may call any that are interested in the Cause or any officer or others to instruct him herein touching the makeing his answer so as the King be not prejudiced thereby and his an­swere is to be put in without oath.

The parties in every such bill between party and party must serve the defendant with pro­ces of Snbpena or if the defendant be a Baron of Parliament spirituall or Temporall with a­letter under the hands of the Lord Treasurer Chancellor Barons or some of them whereby he must berequired to appeare at a day certain contained in the writ or letter proces of Sub­pena may be sued forth either before or after the Bill exhibited And if the Defendant do not appere at the day of returne of the writ then upon Affidav. made of the servinge thereof an [Page 139] Atachment is made of course against him for his contempts and after an al. pl. atachment 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 wil 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 apparance before the Bill be in and if he will not appear upon that then proces of Sub-pena must be served and upon default then proces of Contempt as aforesaid And the like course of proces is to be persued against the defendant at the suite of the Kings 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 dayes to the plaintiff to put in his English bill or the Defendant to be dismis­sed with costs upon a bill of costs to be Ten­dred by him to one of the Barons to be taxed.

And if the defendant do appear upon pro­ces of contempt he must pay costs such as the Court shall think fit according to the number of the proces that hath been prosecuted against him but the ordinary Costs in ten shillings upon each Attachment.

[Page 140] After the defendant hath appeared he hath eight dayes 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 fower dayes, the defendants Attorney being called thereunto.

If the defendant do Demur upon the Bill for that neither the plaintiff nor the cause is privi­ledged 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 maintaine his Bil must move the Court for a day to heare the Counsell of both sides and the Bill and Demurrer (if need be) if the Counsell do not agree in opening the matter.

If the defendant do plead any matter to bar the proceedings upon the bill (other Then matter of Record of the same Court) he must be sworne to his plea as he likewise must be sworne to his answere if he answere in the cheif of what quality soever the defendant be Except it be the Kings Attorney who an­swereth a bill against the King or a Corporati­tion who are sued by the name of theire Cor­poration.

Also if the defendant doe make an insuffi­cient answere the plaintiff must put in his ex­ceptions [Page 141] in writing and move the Court to give the defendant a day to amend or main­taine his answere in which case if the defen­dant be in Towne 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 an­swere be over ruled upon heareing or an at­tachment made against him or an insufficient answere is to answere.

The defendant that hath dayes aforesaid either upon demurer, plea, or insufficient an­swere if he cannot maintaine the same but that the Court doth order him to make a bet­ter answere, he must pay such costs to the plaintiff as the Court shall think fit, if he do maintaine 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 untill the plaintiff be inabled, 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 [Page 42] his evidence, which are in the country far off or if there be more then 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, untill 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 travell, 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 shal have notice of the day and place of execution thereof certain dayes 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 speciall order of the Court, have a commission to take his plea [Page 143] and the plaintiff may proceed upon plea, as upon answer, if he think good, but if the De­fendant have the favor to take his answer or plea, he may not after put in a demurrer.

If the matter of the bill be releived against a suit, at or in the Ecclesiasticall 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 usuall stay the Defendants proceedings untill he have answered another order there­upon taken either by injunction or order of the court.

If the Defendant be served with processe 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 un­till he yeild 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 [Page 144] 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 Ecclesiasticall courts untill the hearing of the cause, also there be presidents 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, untill 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 processe 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 denyed, as that which is confessed.

If the Plaintif do not find matter confessed by the Defendant in his answer whereupon he [Page 145] may proceed to hearing, without proofs, then he must reply to the same, maintaining his bil and denying and traversing the materiall points of the answer, wherein he may also add such further matter as shal be pertinent & ne­cessary for him to prefer for the strengthning of his bill, and avoiding the Defendants an­swer, and must serve the Defendant with process of Subpoena to rejoyn to the said repli­cation, except the Defendant be ordered to rejoyn 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 seeth no suffi­cient matter confessed in the answer to pro­ceed upon, the Plaintiff may desire, that he may reply and proceed to processe, and the court allow him to do so, especially where the Kings Attorney is plaintiff for the King.

If there be more defendants then one, and they put in severall answers, the plaintiff may reply to them all in one replication, but if the cause of suit be joynt, 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 proceedings a­gainst the rest, and he cannot have a decree [Page 146] against some without the others. Neverthe­less if the causes of suit be severall the plaintif may reply and proceed to hearing with some, and after return to proceed with the rest.

When the defendant cometh to rejoyn, if here be no new matter in the replication, he is to make his rejoynder 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 rejoynder, the Plaintiff must surjoyn, and so as long as new matter doth pertinently arise in the pleading, they must proceed with Rebutter, and sur-re­butter, untill every point materiall 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 plaintif or the defendant may move the Court and desire to have them allowed, to be used [Page 147] 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 lesse.

When the defendant is served with process to rejoyn, 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 joyn within a certain time, and then the plaintiff may have a com­mission to such as he shall nominate to exa­mine his witnesse.

If both parties joyn in commission, then 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 fourteene dayes 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. [Page 148] If the one side wil examin witnesses by com­mission, and the other will not, yet he that will not examine may joyn 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 joyn in commission at the first, yet if he come afterwards, and can shew any reasonable cause, why he did not joyn before, the Court will allow him to examin 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 wilfull 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 examin 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 crosse 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, [Page 149] but hath the favour to have a new Commissi­on, that party that examined, may joyn in a new commission without charges, to see the Examination.

As the parties may examin their witnesses before Commissioners, so they may likewise examin 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 Attornyes in Court before their exa­mination, to the end that either side may ex­min him if they will.

The partys that will examin witnesses, must prepare their interrogatories ingrossed in parchment to be exhibited before the Com­missioners, the Baron before whom they will examin before any examination can be had, which interrogatories must be drawn accord­ing to points in issue, by the bill and answer, and other pleadings, and they must not examin upon any thing that is not in the pleadings, if they do, that is to be surpressed, and there [Page 150] 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 speciall 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 shewed him­self to be partiall.

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 shew cause why they should not be published, and the cause heard, at which day if nothing be sayd 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 [Page 151] 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 counsell.

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 lye in the bill, and if both sides be ready to proceed to hearing, the Plaintiffs counsell opening the materiall parts of the bill, and the Defendants counsell 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 alledged, 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, [Page 152] and not proved, or good matter proved, but not set forth in the pleadings, the Defendant and the cause is dismissed.

Sometimes the cause is dismissed upon ope­ning, for want of sufficient matter, or for that it is meerly tryable at the Common Law, and sometimes when there is both matter of Law and Equity, the matter of Law is referred to a tryall at the Exchequer bar, and the equity of the cause is retained untill the hearing, and sometimes when the question is touching ac­counts and reckonings which are intricate, the cause is referred to auditors or Merchants by Commission to examin and try the same, and to mediate and end and determin 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 ly intermingled and dispersed with and amongst the Defendants lands, and by reason of a long and joynt 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 ought to have Land so intermingled, the Court doth award a commission to the Gentry of that County where the Land lyeth, to en­quire [Page 153] the certainty thereof, and to set out, & the metes and bounds of the same, and to cer­tifie 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 dismisse 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 shew what he can against that, at which day if he do come and endeavour to shew 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 dismisse the Defendant with costs, except some good cause be shewed 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.

[Page 154] 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, untill 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 shew 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, [Page 155] if there were any injunction or order to restrain him.

If a Defendant dye 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 proceedings and upon his answer the former proceedings are revived, and shall stand in the same case as they did against the first De­fendant that dyed, 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 past 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 yeild obedi­ence to that, and if the bill of Review do not contain good and sufficient matter, the De­fendant [Page 156] may plead the former matter, decreed in bar, of the proceedings 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 proceedings.

Sometimes the principall question between the partyes is such, as admitting the truth of both sides, yet it is doubtfull in Law to whom the Right belongeth, so as the Court cannot make a decree untill 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, severall 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 [Page 157] 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 pleadings 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 speciall order.

And somtimes (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 onely seen by the Court.

After a Decree is entred, that may be en­rolled 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 yeild the same to the plaintiff and his Assignes, and if the Defendants disobey that, the Court up­on affidavit made thereof doth usually grant [Page 158] 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 untill he be brought into Court to answer his contempt, and when he doth appear, if he deny the contempt alledged 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 enjoyned by the Court, to attend and appear from day to day untill he be examined, and not to depart without li­cense 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 materiall, where­upon if that appear to the Court, that he hath ommitted any contempt worthy to be puni­shed, [Page 159] 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 untill he yeild obedience, and submit himselfe 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 taxe.

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 joyn in commission, to see a due examination of witnesses, but not to examin 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 appeare

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 [Page 160] Court, after the Defendant hath answered that upon payment of costs.

In all cases that are ordinary, the Court doth use to have the counsell of both sides, & thereupon to make such order as the case re­quireth.

In every long vacation all the bills, an­swers, Replications, Rejoynders, and other pleadings are to be taken from the common files, and all the pleadings in one cause are to be filed together with the Bill, by him that is towards the Bill, and to be entred in a booke kept for that purpose, in the title of that County, where the matter of suit ariseth, and to be numbred, and then filed, 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 Serjeant at Armes to apprehend and bring in the Offender.