Debtors Accountants c. which pay in the same The principall Officers of trust in the said superior Exchequer under the said head Officers are the Kings and Lord Treasurers Remembrancers the Clerke of the Pipe or Ingrosser of the Great Roll and the Controller of the Pipe with a competent number of Auditors for preparing and casting up all accounts The said Controller of the Pipe being to write a duplicate or double of the said great Roll to remain in his custody for the better safeguard and controlment of the revenues of the Crowne and twice every yeare to make forth proces from the said great Roll to all Sheriffes for levying the Rents Farmes and Debts in every Shire City and Towne Corporate which proces was anciently called by the name of the Summons of the Exchequer being of the force and nature of a fieri facias for levying of the Kings rents debts upon the goods chattels of the Farmers and Debtors therein specified Howbeit about the beginning of the Reigne of King Edward 3. when the casuall revenue called the Greenwax was so much encreased that the Controller of the Pipe could not well undergo the burthen of the whole worke Clerke of the Estreats There was a new Officer intituled the Clerke of the Estreats introduced to write the summons for the said Greenwax onely in assistance of the said Controller and one other Officer called the Forraigne Apposer Forraigne apposer For opposing of Sheriffes upon the said Summons of Greenwax who is forthwith after every such apposall to send the whole charge wherewith every Sheriffe chargeth himselfe of the said Greenwax in every title into the Pipe there to be added to the other charge of each Sheriffe upon his account in the great Roll together with so much of every title as is to be charged upon the Lords and Bailiffes of Liberties and that which is nichelled is to be written in proces a new from the Pipe saving that the nichelled issues are by the Clerke of the Nichells sent to the Treasurers Rememorancer who according to the Statute of 27. E. 1. makes forth writs of Scire facias out of his Office to all such Sheriffes who returned those parties at issues to shew cause why they should not satisfie the same Issues to the King by reason of the insufficiency of the said parties so by them returned at Issues since which time of the introducing of the said Clerke of the Estreats to write the summons of the Greenwax the summons written by the Controller of the Pipe and the Clerke of the Estreats have been distinguished by the names of the Summons of the Pipe and Summons of the Greenwax As concerning the said casuall Revenue called the Greenwax it consisteth of such Fines Issues Amerciaments Recognizances for appearances and other forfeitures as are yearely set lost and forfeited before the Justices of the Kings Bench Common Pleas Barons of the Exchequer Justices of Assize Goaledeli cry Justices of Peace Commissioners of Sewers Clerke of the Market and the like which by the Lawes of this Kingdome are to bee Estreat yearly and sent into the Exchequer from all the said Courts and places to the Lord Treasurers Remembrancers Office and from thence after an entry made of the numbers of every scedule c. to bee forthwith delivered together with those of the Exchequer as well in that Office as in the Offices of the Kings Remembrancer and the Clerke of the Pleas to the said Clerke of the Estreats for execution to be done thereupon in such manner as is formerly set downe And as for all Rents Farmes Custodies Extents and other Debts and Duties belonging to the Crowne as well the Remainders of the Farmes of the Counties the Farmes of Serjeancies and Asserts the Farmes of Cities Burroughes and Townes corporate and all other Farmes and Rents whatsoever whereof there is answere made yearly in the Exchequer and all debts determined and grosse Debts arising from the Offices of the Remembrancers whereof there is hope that somewhat shall be paid and all debts and Supers depending in any accounts within the survey of the said Court of Exchequer These are by the new Statute of the Exchequer Stat. de Rutland An. 10. E. 1. called the Statute of Rutland An. 10. E. 1. to be written in the Annuall or Great Roll of the Pipe and proces to bee first made from thence to the Sheriffes by the Summons of the Pipe for leavying thereof to the Kings use accordingly And the reasons why the Summons of the Pipe not extending to the body or lands of any debtor but onely to their Goods and Chattels and why the Summons of the Green Wax not extending either to body or lands or to the infringing or entring into any liberty is to be the first proces Mâ—gna Charta cap. 8. is this For that by the statute of Magna Charta it is provided that no Sheriffe or Bailiffe shall seize any lands for the Kings debts so long as the present Goods and Chattels of the debtor doe suffise and the debtor himselfe bee ready to satisfie the same And that the Pledges of the debtor shall not bee distrained as long as the principall debtor is sufficient And for that also if a stronger processe should bee first made to the Sheriffe of non omittas propter aliquem libertatem c. For leavying of the Greene Wax the Lords of liberties should thereby bee barred and put by their Franchises and claimes which would bee against common right But they are much deceived that take the Summons of the Pipe to be no more then as it were a Scire fasias or Summons to the Farmer or debtor to pay his rent or debt or that it is but tardum remedium or of slow execution to bring in the Kings Rents and Duties for though it is in truth but a Summons yet it is a Summons not to the debtor but to the Sheriffe and such a Summons as transcends all other commands in any of the Kings Writs for injoyning them to the performance of what is thereby required The Writ is as followeth Carolus Dei gratia c. Vic. B. salutem vide sicut teipsum omnia tua diligis quod sis coram Thesaur Baronum de Scaccario apud Westmonasterium in Crastino clausi Pasche prox futur Et habeas ibi tunc quicquid nobis debes de novis veteribus firmis omnia debita subscript hanc summon de Pipa Teste A. B. Thesaur Angliae apud Westmonasterium duodecimo die Februarii Anno c. As if the King should say Viz. at the Easter proffer by the first Summons and at the Michaelmas proffer by the second Mr. Sheriffe as you love your selfe your wife and children and all that you have see that you bee upon such a day at Westminster before our Treasurer and Barons and bring with you all our Farms and rents then due and all other the debts
the said great Rolle after the title of Nova oblata And the said Treasurers Remembrancer out of his Office makes forth Writs of Distringas to all Sheriffes against the Kings tenants for preserving of his Majesties tenures and services Writers of Distringas and the Issues thereupon returned by the said Sheriffes in every Shire certifieth to the Clarke of the Estreats twice in the yeare to bee by him sent forth to the Sheriffes in the Summons of the Greenwax And for the fines due to the King for respiting the homage of his tenants the said Treasurers Remembrancer chargeth himselfe with all those fines which are drawne into the Pipe and by him answered unto the receit as also for all the Castle ward rents in severall Counties payable to the Castle of Dover Stat. anno 32. H. 8. And the Kings Majesties Remembrancer in his Office recordeth all fines and other debts sent into his Office out of any other Court and recovereth all such Recognizances Amerciaments fi fac of Sheriffes moyties of forfeitures about custome causes or upon penall Lawes and the like and sendeth the Records thereof into the Pipe and also of such Bonds and Obligations as are forfeited and recovered for the King to be from thence drawn downe and charged for his Majesties service in the said great Rolle And also maketh forth the writs of Distringas against all Accomptants whose names are to be entred upon the States of Accomptants in his Office as well the Master of the horse the keeper of the Warderob Treasurer of the Chamber Treasurer at Warres Treasurer of the Navy collectors of Subsidies and Customes and all receivers of the Kings Revenues and other Accomptants whatsoever who are to make their accompts in the Exchequer and against such as have had any money imprested to them for the Kings speciall service and the like to see Issues returned against them untill they shall perfect their said accompts before the severall Auditors thereunto assigned and enter the same upon the Rolle of the States of Accomptant in his Office and before the Treasurers Remembrancer upon the Rolle of Viewes in his Office from whence the said accompts after they are declared before the Treasurers and Barons of the Exchequer and so entred as aforesaid are also to be sent into the Pipe there to remaine as the Kings and Subjects evidence upon record for ever as also to the end Proces may bee made from thence for such supers and debts as are therein depending And all such Issues as are lost by any of the said Accomptants for their not accompting in due time and by the Sheriffes returned upon the said Writs of Distringas sent from the said Office of the Kings Remembrancer are in like manner twice in the yeare to be estreated to the said Clarke of the Estreates to be by him sent forth in the Summons of the Greenewax accordingly In his Office also is kept the red Booke of the Exchequer being an excllent Treatise of the ancient Rolles and Lawes of the Exchequer conceived to be collected by Gervasius Tilburiensis tempore H. 2. which book is commonly sent by the Cursiter Baron into the Kings Bench and Common Pleas or in the Tearme time to remove any matter sued there against any Officer Minister or servitor of theirs or any Accomptant there that prayeth his priviledge in due time upon which red booke so shewed and the party testified by the Baron to be of that Court as aforesaid his priviledge is usually allowed And both the said Remembrancers doe make forth copies to the Auditors of all Seisures made by Sheriffes for any debts or by reason of any Alienations Outlawries or other duties to the King upon the writs sent out of their Offices to be by the said Auditors respectively charged in the said Sheriffes forraine accompts In which their said forraine accompts the said Auditors which take these accompts are to enter the particulars where with every Sheriffe chargeth himselfe for the goods and chattells of fellones outlawed and attainted persons waifes estraies and the like according to the ancient course of the Exchequer And for that there may be some just cause of discharge of the Sheriffe and debtor by an absolute exo or of the Sheriffe for his yeare by an exo de anno of some part of the Seisures and Issues charged in his said forraine accompt or of some other part of the debts or farmes charged upon him in the said great Roll of the Pipe or of some part of the Greenwax moncies charged upon him by the said forraine Apposer as aforesaid as for instance There may be some just cause for discharge of the Sheriffe and debtor by an absolute exo upon his accompt of some seisure debt or duty charged upon the said Sheriffe as aforesaid in regard there was a preconveiance of the land by the debtor bona fide before the debt grew due to the King or that the debt or duty for which the said seisure was made is fully satisfied and answered to the Crowne or for that the like debt or duty it selfe is absolutely to bee discharged by plea judgement gist or grant from the Crowne or by some other good matter of record And as there may be just cause for an absolute exo to the Sheriffe and debtor so there may be as just cause for an exo de anno to the Sheriffe upon his accompt of some of the seisures and debts charged upon him as aforesaid either in regard the lands in seisure are in the Kings hands by reason of the minority of the heire or owner of the said lands or for that the said lands were made in Iointure or in Lease for terme of yeares or life before the debt grew due or the like in all which severall cases the Lord Treasurers Remembrancer upon sight of such good matter of record or other such just cause allowed of by the Court as aforesaid is upon the desire and petition of the Sheriffe to bee discharged thereof upon his accompt to rule severall petitions to every Sheriffe upon his or their said accompts respectively for an absoute exo or an exo de anno for the same as the case shall require which is to be by him alledged and set downe to every petition accordingly howbeit the said Treasurers Remembrancer is not to rule any such petition for an absolute exon or exon de anno to any Sheriffe of or for any Seisure Farme Debt or other summe of money whatsoever but of such onely as shall fully appeare to him either by the Sheriffes forraine accompt it selfe or by some Constat or Certificate in parchment under the hands of the Clerke of the Pipe or Clerke of the Estreats respectively to be part of the Sheriffes charge so charged upon him in his accompt in the said great Roll for that if such petition should be allowed to the Sheriffe of any summe being no part of his charge the King should lose and bee defrauded
of so much thereby Moreover the said Lord Treasurers Remembrancer doth upon Certificate from the Iustices of Assize ratified and allowed under the hand of the Vnder-treasurer of the Exchequer for the time being rule petitions for allowance to Sheriffes upon their accompts for carriage or removing of prisoners reparations of Gaols and other extraordinary services done by Sheriffes in the time of their Sheriffwicke All which petitions are by the said Treasurers Remembrancer to bee entred upon Record in his Office and to be sent to the Clerk of the Pipe for the time being to bee entred and allowed upon each Sheriffes accompt respectively in the said Annuall or great Roll of the Pipe in deduction of so much of each Sheriffes charge so as one Record may bee discharged by another according to the ancient course of the Exchequer And here by the way is to bee noted that the said Clerke of the Pipe is not nor ought not to discharge or set off from any Sheriffe any Farme debt or other summe of money whatsoever charged upon him in his accompt in the said great Roll but such onely as shall appeare to bee paid into his Majestis Receipt of the Exchequer by Tallies to bee joyned and allowed in the said Roll Statut. anno 1 R. 2 cap. 5. or such as shall appeare to be discharged or set off by such matter of Record as is laid downe in the Sheriffes severall petitions as aforesaid nor to give any allowances to Sheriffes upon their said accompts but such as shall either bee warranted by Tallies de Regard to bee sevied in his Majesties said Receipt of Exchequer or by some judgement of Court entred or to bee entred in one of the Remembrancers Offices And if hee doe otherwise the Controller of the Pipe either before or at the Sheriffs casting out of Court is to informe the Court thereof so as the said undue discharges and misallowances may bee certified and made void And if the said Controller either through ignorance or connivence shall not discharge the trust reposed in him therein hee shall bee punished for his consent in like manner as hee that admitted of such false allowances c. and as he that tooke allowance thereof namely to pay so much to the King Stat. do Scaccorio Anno 51. H 3. as the allowance amounted unto To bee imprisoned a yeare and forty dayes and to bee punished at the Kings pleasure But hereunto may be objected that if the Clerk of the Pipe be to give no allowance to Sheriffs upō their accounts but of such moneyes onely for which Tallies are stricken in his Maties Receipt and of such summes as are to bee allowed set off or discharged by judgement of Court or such matter of Record as is aforesaid How comes it then to passe that allowance hath been given to Shiriffes upon their accompts in the said great Roll from time to time by acquittances of Noble men for their Creation moneyes payable by Sheriffes out of the profits of their Counties and the like and by acquittances of such Receivers to whom the King hath granted the receipt of the yearly profits arising of any certain or casuall Revenue within the Sheriffes charge To which is answered That the allowances given by the acquittances of Noble men and others for such summes of mony as are payable to them by Sheriffes out of the profits of their Counties being to their owne use are alwayes warranted by judgement of Court before any such allowance is to be given And as to the allowance of Acquittances for moneyes of the natures aforesaid paid or to bee paid by Sheriffes to Receivers as aforesaid to the Kings use such Acquittances are not in truth to bee allowed by the course of the Exchequer but by Tallies of assignment to be first stricken in the Receipt for the same in such sort as is used at this day for his Majesties Wardrobe and Houshold and for the post-fines Issues of Iurors and the like there being no such controlment for Acquittances Much easier to counterfeit Acquittances then Tallies as is for Tallies and it being much more easie to counterfeit Acquittances then Tallies albeit even Tallies have been counterfeited to the losse and prejudice of the Crowne which could not bee discovered before they were rejoyned with their foyles according to the ancient course of the Exchequer Besides the Subject which really payes his mony to a Receiver to the Kings use takes his Acquittance for it runnes a greater hazard to pay the same money againe in case such acquittance be lost and that the Receiver doe not satisfie the same upon his Accompt which hazard is avoided by striking a Tally for the same in his Majesties Receipt which is alwayes extant upon Record for the parties discharge in case the Tally it selfe bee lost And as it is to be noted that the Clerk of the Pipe is not to discharge or set off any part of the Sheriffes charge but by Tallies to be leavied in his Majesties Receipt of Exchequer judgement of Court or such matter of Record as is before mentioned so it may bee likewise observed that the Treasurers Remembrancer is not to rule any petition upon the Sheriffes Accompts for debt recognizance or other duty belonging to his Majesty wherewith the Sheriffes have charged themselves upon their accompts but by matter of Record or order in open Court and not upon any other warrant whatsoever which is not grounded upon such matter of Record or order in open Court Inter ordin term Hilar. an 32. Eliz. Reg. ez parte Rem Thesaur as aforesaid For if way should be given to the Sheriff to set off or discharge himselfe upon his accompt of the farmes debts or summes of money by him taken into his charge at his apposall upon ordinary suggestions that hee could not leavie the sume or by reason of the poverty of the debtor or in favour of the subject to ease him from the rigor and penalty which the Law hath inflicted upon him for some offence which is onely in the Kings power to mitigate or remit or upon any other ground then by matter of Record or order in open Court as aforesaid then it would follow that the greatest part of the Sheriffes totts and summes of money by him taken in charge at his apposals would be set off and discharged and so his apposals would bee of no force or vertue which by the ancient course of the Court bindes him to answer the same to the King unlesse some just cause be shewed to the contrary as afore is said seeing he might at his choyce have totted or nichelled the same at his said apposals and then also would follow that the King should be divested of the grace which properly belongs to himselfe for mitigating and remitting of such forfeitures and penalties to his subjects as the case shall require which the late Queen Elizabeth of famous memory for the most part kept in her owne
should have satisfied and paid in case the said Accompts had beene delivered in due time And for that it is found by experience that the Vnder-Sheriffe that takes upon him the execution of the whole Office both in attending at the Assizes Sessions and upon other Courts of Iustice returning of Iuries and other service of the Country betweene party and party cannot in any such due time as he ought looke into and attend the levying of the Kings Rents and other the Debts and Duties sent forth in proces to Sheriffes by severall Writs of Distringas Fieri facias Capias and Extent out of the two Remembrancers Offices and by the Summons of the Pipe and Greenwax some such like Act may bee passed in Parliament for the better expediting of the Kings service that it may be lawfull to and for such person or persons of ability and sufficiency as shall be hereafter appointed by the Sheriffe of every County for whom he will answer to be his Deputy or Clerke for the leavying of the Kings Rents and other his Debts and Duties as shall be so sent out by the said Summons and for executing all such Writs out of both the Offices of the said Remembrancers as aforesaid and for no other businesse may continue in the said Office yeare after yeare so long as hee shall be approved of and allowed by the said Sheriffes as aforesaid without incurring any of the penalties and forfeitures provided by the Lawes against such Vnder-Sheriff or Sheriffes Clerk as shall remaine in his Office above one yeare Stat. anno 23. H. 6. And that notwithstanding any former Act Statute or Ordinance to the contrary heretofore made Neverthelesse that such Vnder-Sheriff Deputy-Sheriffe or Sheriffs Clerk shall not thereby be exempted from taking any such oaths nor from any other penalties which by the Lawes and Statutes of this Realme are to be taken or undergone by them Stat anno 27. Eliz. 12. And in regard all the Sheriffes of this Kingdome doe finde themselves much grieved and damnified by reason of the foresaid Statute made in the seven and twentieth year of the reigne of K. Ed. 1. by force whereof they are to answer for al such issues by them returned against any person or persons their mainpernors or pledges which shall be Nichelled or prove to be illeviable especially in the case of Writs of Distring sent out of the Excheq for the homages other services of the Kings Tenants that some consideration may be taken of the said ancient Statute in case of the said Sheriffs so farre forth as may stand with Justice and the preservation of his Majesties said Rights and Services And that in further ease of Sheriffs there may be a review of the decree lately procured by the parcell makers for Sheriffs and Lords of Liberties to accompt before them for Felons Goods and other Escheats c. the same being found very grievous and burthensome to the said Sheriftes and other his Majesties Subjects without any profit to the King And in regard diverse ancient Farmes and Rents now in charge in the Pipe and before his Majesties Auditors for the revenue and in the Court of the Dutchy of Lancaster which by reason of sundry alienations of the lands and hereditaments out of which the same are issuing and for divers other causes are now at this day very hard and difficult to be levied by reason whereof many of them are like to bee utterly lost unlesse they may by some good and lawfull wayes and meanes be revived and more of them like to be lost hereafter That for remedy herein a perfect survey may bee made of all his Majesties Honors Manors Lands Tenements Rents and Heredaitments in every Shire Hundred and what particular Rents and services either by way of Fee Farme or otherwise in perpetuity or for terme of life or years are answered for the same And that inquisition be made for and concerning all the dispersed Rents which are within the collection of the Bayliffes or Collectors thereof and of all other Rents within the collection of Sheriffes or Receivors generall and of what lands or other hereditaments the same are particularly issuing and where the said lands and hereditaments doe lye and in whose possession they now are and when and how to be paid And that all good and lawfull wayes and meanes may be used as well by the view of ancient Records Inquisitions where any such are to be found as otherwise for reviving of all decayed Rents belonging to the Crowne And after the making of such surveies that some fit course may be devised for the better securing of all the said petty and dispersed Rents in the charge of the said Bailiffes and Collectors of the same from further decay and for easing the King from the great charge and hazard he now undergoes in the collecting thereof Jtem that the state of the Kings Castles and Houses may be surveyed all decaied Castles and Houses not useful for further service if it shall be so thought fit converted to the best profit and the Fees for the keeping thereof discharged And whether the like survey may not be made of all the Forrests Parkes Chaces and Warrens not as yet dissaforested or disparked except such as his Majesty shall reserve for his royall disport and the waste number of them to be converted to the best profit by the yeare and to be letten as other lands are and with like condition saving to every man a recompence for such interest as he hath And that the Farmes of the Vlnages and Gaugers be surveied that it may be knowne what Rent is fit to be set upon them when the terme expireth Many other parcells there are of the ancient Revenues being flowers of the Crowne as the Goods and Chattels of Felones Fugitives and Outlawed persons the petty Fines and Amerciaments anciently set and affeered in the higher Courts upon the Plantiffes and Defendants pro falso clamore quia non est prosecut c. and the like whereof little or no profit hath of late beene made to the Crowne according to the fundamentall Lawes of the Kingdome by reason whereof divers persons finding they may doe it with such impunity have beene incouraged to violate the Lawes and to set on foot and maintaine sundry unjust and vexatious suits c. For remedy whereof this may also be taken into consideration and some life given to those Lawes in a moderate way so farre forth as may stand with his Majesties ancient Rights the Justice of the Kingdome and the discouragement of such offendors for time to come And whereas there remains at this day a great bulke of Arrerages and Debts as well in the Exchequer as in the Court of Wards and Liveries and in the Court of the Dutchy of Lancaster a great part whereof is conceived to be good as having beene suffered to sleep through the connivence or negligence of some of the Kings Officers other part