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 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 Tâ—râ—e severall parchment Bookes to all the Customers Controllers Survaiors and Searchers of the Parts and Creekes through England to make the first and second halfe yeares Entries in the same of the Kinges Majesties Customes and Subsides and the Cocketts thereof according to certaine late orders in the late Queens time sent unto them thereof And likewise every 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 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 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 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 ousteâ—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 Diâ—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 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 mensâ—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 they are appointed upon paine and
the uniting of the late Court of uniting of first Fruits and Tenths to the Court of Exchequer at Westminster 1 FIrst Her Highness doth ordain that all the Records of the said Court of the first Fruits and Tenths shall be hereafter placed in the said Exchequer and shall be of the same force and strength as they were in the said Courts of the said first fruits and Tenths Item her highness is pleased and ordaineth that there shall be in the said Exchequer a certain Office called the Office of the Remembrancer of the first Fruits and Tenths which Office for divers and sundry great considerations for and at the first erection only shal be exercised by two persons by her highness to be nominated which shall joyntly exercise the same office during their lives and after the death of the Survivor of them the said office to be exercised by one of them Item That all Records belonging to the same court of the first Fruits and Tenths shall be in the charge and keeping of the said Officer Item That the said Officer shall make and deliver the true values of all spirituall promotions dignities and benefits within the Realm of England and Wales and other the Queens Dominions to such persons as shall sue for them taking for the same like fees as were wont to be paid before the dissolution of the first fruits and Tenths Item The same Officer shall take composiions of the first Fruits of every Arch Bishop prick Arch-Desconry Deanry Prebendary Parsonage Vicaridge and of every other dignity office benefice promotion spirituall aforesaid 6. Item The same officer to make all writings obligatory Indentures and all other writings concerning the same first fruits and tenths and shall see the same sealed and delivered by the parties to the Queens highness use and also shall make Acquittances and other discharges to such as shal pay their mony in hand without making bonds for the same taking fees accustomed of the parties for the same 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 9. Item all Sci. fac attachments and writs of distresses for debts or accounts concerning the premisses shal be 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 shal be inrolled in such office of the said Exchequer as by the discretion of the Lord Treasurer and the said Court shal be 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 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 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 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.
Question Hee directeth his Warrants to all the remembrancers as the case lyeth on any of all their sides for all manner of Commissions Processes and Injunctions needfull in the matters of the Court and when the case requireth speed hee writeth first his Letters therein and if hee thinke it good hee sendeth Commissions Processes and Injunctions after them and sometimes by the same doth undoe and stay that the Barons have commanded Judgement being not given Answer He directeth Warrants for Commissions and processe and so do others but they be taken and used as Acts of the Court and allowed and disallowed as they stand with Justice Hee sometimes maketh Warrants for injunctions to stay spoiles of houses woods and such like c. But for alterations of possessions from one to another Non auditis partibus or out of Court very seldome or never As for writing of Letters and after processe I thinke they have been few of late yeares and found almost fruitlesse For Super debile fundamentum cadit opus And of the undoing and staying of the Barons Commandements hee hath given sometimes stay for a time upon better information then they had but undone nothing but upon conference with them and with their Consents to my remembrance I have only seene these things done but not found them in any Record that I rember XIV Question Hee sendeth his Serjeant at Armes for all such as do disobediently set neglect or devise to disappoint the Kings Processe and sometimes hee sendeth him otherwise after his discretion for persons that are skipping aside erneed so to be stayed or to be sent for Answer I have not seen any Record that he hath sent a Serjeant at Armes for any man before the Lord Marquesse his time and that was done when ordinary processe would not be obeyed and that also very seldome But in the Lord Burleighs time the sending grew common against Sheriffs and Collectors c. as I remember I have seene in ancient Records that Serjeants at Armes have been sometimes and yet seldome authorised by commission to doe sundry services XV Question Hee alone giveth the Warrant to all men to have their Wine free of impost Answer Hee alone for any thing I know hath given all the Warrants for freeing the impost of French Wines yet I finde in Anno 1571. the impost was rated by writing under her Majesties hand wherein it was ordered that if any of reputation being good house-keepers were left out of the rates then it should be lawfull for the Treasurer and Chancellor to give allowance but how this authority hath beene put in ure I know not XVI Question He the Chancellor and Vice-Treasurer make all Warrants for wood sales Answer I have not seene or found any Record or otherwise that hee or any other of the Exchequer hath had any authority to make sale of the Kings Woods but by Writ or Commission under the great Seale and that also very rarely but by Article amongst the Articles for annexing of the Court of augmentations to the Exchequer viz. Article 27. there is a prohibition concerning the Woods of the Lands in the survey of the augmentation Court of this Tenor viz. No Wood sales to be made without a Commission from the Lord Treasurer and to such other of the Court as hee shall call unto him and in his absence the under Treasurer calling unto him two of the same Court and other Authority then this I have not seen but to the Court of generall surveyors which as I take it is since dissolved by the statute 7 E. 6 cap. 2. XVII Question Hee the Chancellor and Vice-Treasurer make all Warrants for mony to the Receivor of the shire for reparations of houses Sea-Bancks and water works where the same be And commonly he directeth his Warrant for a Commission to go out to enquire of the sayd needfull reparations and the charges of the same Answer All the generall Authority that I have seen to give warrant for reparations is by the Articles of annexing the sayd courts before mentioned Article 20. XVIII Question He directeth Warrants sometimes to make Commissions to some to be Receivors Surveyors and such Officers of the Revennues during pleasure under the Exchequer seale after any be dead or put out for any misdemeanors whilst the Kings Majesty be moved for the Bill assigned and to stay others from suing Answer He sometimes alone and sometimes with others hath made such warrants as is alleged and not without good cause as is there mentioned XIX Question He cheifly protecteth the Iurisdiction of the Court the Officers and all the matters of the same Answer The Jurisdiction Officers and matters of the Court be protected by the law and by the Authority of the Court and this Lord being the cheif doth cheifly worke in that matter like as in all other wherein he dealeth XX. Question He Commandeth and restraineth all the Officers and Ministers of the Courts and all others in the Kings Majegisty Causes and matters belonging to the same Answer He commandeth all to do their duties diligently justly and truly and restraineth all to do the contrary XXI Question He alone and the Chancellor Vicetreasuror and Barrons of the Court after his and their discretions do punish all the misdemeanors of the other Officers and Ministers of the Court and of all others that abuse the Court the Causes the processe and appendance of the same Answer I have seene by Records that the Court hath done punishments after divers manners upon the Officers and divers others but I remember none on Record to be done by him alone XXII Question He untill the late uniting of the Court of Augmentations and the first fruits and Tenths did use to sit and deale very little in the Court of Exchecquer but left all there belonging to him to be ordered by the Chancellor Vice-treasuror and Barons Answer I thinke this to be true but I have not seen any Record of it XXIII Question He alone or he the Chancellor and Vice-Treasurer do allow at the Liberate every Hillary and Trinity Terme such summes of mony out of the Exchequer as to them seems good for any bodies considerations about the service and charges of the court or Revenue of the same as by the leiger privy Seale in the receipt he and they are authorized so to do Answer He and the under treasuror or one of them alone without the Chancellor do give these allowances in such terme or time as they see cause by vertue of the privie Seale in the Article mentioned and for this purpose the Articles of the annexing of the Augmentation Court Article 20 may be considered XXII Question He alone by the Articles of the late court of Augmentation and the first fruite and Tenths annexed to the Exchequer may do something alone and something he with the Chancellor and under-treasuror the Chamberlaines and Barrons of the Exchecquer or three of them and some things he with the Court and some things he
and so he ruleth them under his hand accordingly and there entred either 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 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 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 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 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
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 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 breifneâ—… 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 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 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 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 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 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
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 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 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 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 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 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 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