Page images
PDF
EPUB

• VIII. And the King commandeth the treasurer, and barons of the No. III. • Exchequer, upon their allegiance, and by the oath that they have 61 Hen. III. * made to him, that they shall not assign any in their rooms, but such as

stat. 5. this Act meaneth of, and that the Exchequer be not charged with more persons than is necessary. And that none of them, that be sworn to the King, shall put in his room any other clerk or lay person, except in the Exche

Deputy officers • he be sworn, without special licence of the treasurer; and if any be,

quer. • he shall be forth with removed from his office, and none other shall be • received in his stead without the King's licence. And if any that is • received without the treasurer's licence do trespass after, punishment

shall be done as well to the assignor as to him that is assigned, accord. ing to the trespass. And if both be unsufficient, their superior shall • be punished, whether he be officer of fee, or other. And the treasurer • shall put no other in his room, until he hath commandment from the * King. And if be that keepeth the room of another, by licence of the

treasurer, doth any thing that he ought not to do, he shall be punished • according to the trespass, if he have whereof; and if he have not, he

that put him in office shall be charged for his trespass; and if he that put him in office be not sufficient, his superior shall be charged, • whether he be of fee or otherwise.

IX. And they .* of the wooll-staple shall make oath, that if any of Of the woollthem may perceive that another doth commit any default, offence, or staple is insert• other thing + dishonest in the office of the wooll-staple, or that he hath ed by mistake. * done before, that they shall certify it to the treasurer, or to the barons, + Not in the or to some of them, who shall cause it to be amended, or to the King original. himself, if need require. And that about the Feast of St. Margarei, The King's offibefore that the Exchequer be closed, they shall cause a search to be cers that ought made, whether any sheriff or bailiff, that ought to have accompted the to accompt. same year, have not, and thereupon a remembrance in a roll shall be * made by itself. And if it be a sheriff, his accompt shall be first heard * after Michaelmas, before that any other be received to accompt: And

if he be a bailiff, he shall be summoned or distrained to come at a certain day for to accompt, so that no accompt shall be suffered to sleep. And forasmuch as sheriffs, constables, and other, obtain many * times outrageous allowances, by pretence of the King's works, and * other things done and provided by his commandment; it is provided, Surveyors of

that all surveyors of the King's works shall be chosen by the oath of the King's * twelve men, and of such as are best skilled, and will and may attend

works. best to that office; and that they be sufficient to answer the King, if 1 0f good men. • need be, and shall swear that they bear lawful witness. And if the • King or barons of the Exchequer have any suspicion of false allowances

of charges, or other things, the truth must be inquired; and he that is • attainted shall answer to the King for as much as the allowance • amounteth unto, and shall be imprisoned || one year and forly days, Il Not in the ' and shall be punished at the King's pleasure, and the surveyors shall be original. . punished for their consent. And likewise he that upon the accompt • did conceal and keep secret such things, whereof he ought to bave charged himself, shall be punished in like wise as be that admitted • such false allowances.

• X. And that all the justices, commissioners, and other, shall from Extreats of • henceforth deliver into the Exchequer, at the Feast of St. Michael, fines and amer• from year to year, the extreats of fines and amerciaments made and ciaments shall 'taxed before them, and of all things wherefore the extreats are wont be delivered in • to be delivered there. And they of the Exchequer shall make extreats

the Exchequer of the summons through all shires, saving that the extreats in the eyre of all pleas shall be delivered immediately after the eyre made.'

[Numbers IV. and V. omitted.] [ No. VI. ] 3 Edward I. (Westminster) c. 19.-A Sheriff

having received the King's Debt, shall Discharge the Debtor.

[ocr errors]

No. VI. :IN

N right of the sheriffs, or other, which answer by their own hands 3 Edward I. unto the Exchequer, and which have received the King's father's c. 19.

• debts, or the King's own debts before this time, and have not acquitted the debtors in the Exchequer; it is provided, That the King shall send good and lawful men through every shire, to hear all such as will • complain thereof, and to determine the matters there, that all such as

'can prove that they have paid, shall be thereof acquitted for ever A sheriff hav- • (wheiher the sheriffs or other be living or dead) in a certain forin that ing received the shall be delivered them; and such as have not so done (if they be King's debt, shall discharge

living) shall be grievously punished ; and if they be dead, their heirs the debtor.

shall answer, and be charged with the debt. And the King hath com• manded, that sheriffs and other aforesaid, sball from henceforth law-' 'fully acquit the debtors at the next accompt after they bave received • such debts; and then the debt shall be allowed in the Exchequer, som • that it shall no more coine in the summons; and if the sheriff other'wise do, and thereof be attainted, he shall pay to the plaintiff thrice as • much as he hath received, and shall make fine at the King's pleasure. • And let every sheriff take heed, that he have such a receiver, for whom • he will answer, for the King will be recompensed of all, of the sheriffs and their heirs. And if any other, that is answerable to the Exchequer by his own hands so do, be shall render thrice so much to the plaintiff,

and make fine in like manner. And that the sheriffs shall make tallies Process for le- 'to all such as have paid their debt to the King: and that the summons vying of the of the Exchequer be shewed to all debtors that demand a sight thereof, king's debt

' without denying to any, and that without taking any reward, and shall be shewed without giving any thing; and he that doth contrary, the King shalt to the debtor.

punish him grievously.'

[ocr errors]

6

66

6

[ocr errors]
[ocr errors]
[ocr errors]

[ No. VII.) 10 Edward I. (the Statute of Rutland.)

Touching the Recovery of the King's Debts. 10 Edward I. HE King to his treasurer and barons of the Exchequer, greeting.".

us and our people, in certain things touching us and our people aforeThe bodies of said, in our said Court of Exchequer, we will and provide, That from shires.

henceforth the bodies of shires shall not be written in several rolls, but Annual rolls. • shall be written in a certain annual roll by themselves, and shall be

ready every year upon the accompts of sheriffs, that is to wit, in several

'counties, that it may be known if ought may accrue unto us by any [* Qu. shall be mean. The remanents of the ferms of the same shires* shall be written written in an- post terras datas in the annual rolls, and the sheriffs shall be charged nual rolls of • therewith; in which remnants the liveries and alms assigned shall be subsequent • allowed, and other allowances (if sheriffs have had any) of the issues of dates.]

• their bailiwicks by our writs. And because of the suggestion of our • bailiffs, our writs are made of divers allowances, unto our grievous • damage, we will and provide, That of such manner allowances so to * be made, from henceforth view shall be made in our Exchequer; and

the same view being faithfully made, the same treasurer and barons • shall certify our chancellor of the due allowances so to be made, and

that writs of allowances shall be made according to the same certifi-
*cate. Moreover, there shall be written in the same annual rolls the
• ferms of the sheriffs, the profits of counties, the ferms of serjeanties
' and asserts, the ferms of cities, boroughs, towns, and other ferms,
' whereof there is answer made yearly in the Exchequer. And in them
• also shall be written all debts determined, all gross debts, whereof
• there is hope that somewhat shall be paid, and all other debts that
* seem to be clear ; but when it is come unto accompt to the title of
new duties, nothing shall be written in the annual roll, but those debts
whereof there is hope of payment, and whereof the sheriff is answer

able, and debts found in the originals, which seem to be clear. A roll of des

• II. Of dead ferms, and debts desperate, whereof there is no hope, perate debts.

one roll shall be made, and shall be inrolled, and read every year upon

6

* the accompt of sheriffs; and the debts whereof the sheriffs are No, VII. answerable shall be written in the annual roll, and there sball be

10 Edward I. acquitted. • Ill. Morcover, we will and provide, That it shall be proclaimed in

Tallies for • every county, that all they that have tallies of the Exchequer, for the

debts. : debls of themselves or their ancestors, hitherto paid usually there, and ' not yet allowed, which yet do come in the summons of the Exchequer, • they do deliver to the sheriffs such tallies, to be allowed at the Exche' quer upon their accompts. And the sheriffs shall make to them (of • whom they shall so receive tallies) their writings, witnessing The receipt of those tallies, and occasion of the debts.

• IV. Two faithful knights, deputed thereunto, shall be present at Two knights. • the receipt of the tallies aforesaid, between whom and the said sheriffs 'indentures shall be made of such receipts, with the seals of them both • interchangeably.

• V. The foresaid knights, deputed thereunto, shall send the parts of * their indentures, at the term appointed, unto the Exchequer in form • aforesaid, to the end, that by the view and witness of them, the said • tallies so received by the sheriffs, may be shewed and allowed upon • their accompts.

• VI. Moreover, it shall be proclaimed, That except those that have Having tallies • such tallies do deliver them to the sherifts and knights, as afore is said, and not deliver• that then they shall be distrained for the whole debt, and that the ing them. · foresaid tallies shall be reputed for unpaid.

• VII. Moreover, the debts which yet are to come in the summons of 'the Exchequer, whereof the debtors do proffer tallies against divers • sheriffs, shall be defalked and acquitted.

• VIII. Moreover we provide, That certain persons assigned thereunto Commissions on our behalf, shall be sent into every shire, which shall have full to inquire of • power to enquire of such manner of debts; and also to call afore them the King's

solemnly, as well the sheriffs, as their heirs and assigns, and the tenants debts.
of their lands, io case they be dead that have received the debts; and
' also, if need be, to proceed to the taking of such manner of inquests,
• whether the parties (against whom the foresaid tallies were shewed) do

come or not; so that the sheriff do return a reasonable summons made
' to them therefore, and so the truth being inquired and discussed in

presence of the parties (if they will be there) the inquisitors shall make 'rolls of them that shall be convict afore them; so that the foresaid

debts being confessed and inrolled, the tallies of the same shall be • forth with broken. And the sheriffs shall have in their custody the

transcripts of the same rolls, under the seals of the inquisitors; and ‘shall surcease in making distresses for the debts contained in the same, * until they shall have otherwise in commandment from us therefore. * And the foresaid inquisitors shall send unto the Exchequer the foresaid 'rolls under their seals, that it may be examined there, by a search to • he made therefore, what debts be paid in the whole, and what are paid

in part, and what debts there be, whercof the debtors be not acquitted, * according as shall be convenient to be done.

* IX. Moreover, we will and provide, That the chamberlains from Tallies of divi• henceforth shall not make to the sheriff's, or any of their bailiffs, dends. • tallies of dividendis, unless they first receive of them writings con

[* Qu. And into • taining the particular sums and occasions of debts, and the names what parcels • of them that paid them *, unto the which particulars he may part they would 'the names of such manner dividendis ; wbich being so received under have such divitheir seals, it shall not be lawful to number them into other par- dends distri

buted.] “X. Moreover, we provide, That all debts, whereunto the sheriffs The sheriff re* make return, that the debtors have nothing in their bailiwicks, ne bad turneth that the .

not at such time as they were charged with the same debts, or that the debtor is not
• debtors be not found, that the saine debts shall be estreated in rolls, found, or hath

and the same rolls to be delivered unto faithful and circumspect men, nothing.
• which shall make inquiry thereof after such form as shall be provided
by the treasurer and barons.

[ocr errors]
[ocr errors]

• ticulars.

[ocr errors]

No. VII. • X1. But for so much as certain pleas were heretoforé bolden in the 10 Edward I. • Exchequer, which did not concern us nor our ministers of the Exche

· quer, whereby as well our pleas, as the causes of our people, are No suit shall be unduly prorogued and letted ; we will and ordain, That no plea shall prosecuted in be holden or pleaded in the Exchequer aforesaid, unless it do specially the Exchequer,

concern us and our ministers aforesaid. And therefore we command, unless it con- • That ye cause the premisses to be distinctly and openly read afore cern the King, ‘you, and to inroll it, causiog the same to be straitly observed in our or his officers

. Court of Exchequer aforesaid. In witness of which, &c. Yeven at there.

Rutland the four and twentieth day of the month of May, in the tenth year of our reigo.'

6

[ocr errors]

[ No. VIII. ] 28 Edward I. stat. 3. c. 12. What Distress

shall be taken for the King's Debt, and how it shall be

used. 28. Edward.

taken for his debts shall not be made upon beasts of the plough, so long as a man may find any other, upon the same pain that is else

where ordained by statute, &c. And he will not that over great dis• tresses shall be taken for his debts, nor driven too far; and if the * debtor can find able and convenient surety until a day before the day • limited to the sheriff, within which a man may purchase remedy or

agree for the demand, the distress shall be released in the mean time; • and he that otherwise doth, shall be grievously punished.'

[ocr errors]

No. IX. ] 1 Richard II. c. 5.–The Punishment of a

Clerk of the Exchequer making Process for a Debt

paid. 1 Richard II. 6

ITER
TEM it is ordained, That all statutes and ordinances made before

this tine of officers of the exchequer, be holden and firmly kept • in all points. And moreover it is ordained and established, That at . what time any debts be once paid, and the tallies thereof made,

rejoined, and allowed in the said exchequer, that this debt shall never • come in demand. And if it so happen, that after such allowance • made there, any clerk of the Exchequer make any writ or process to

levy the same debt of new, and that duly proved, the same clerk shall • lose his office, and have imprisonment till he hath made gree to the

party by so much as he is endamaged, if any will sue, by the discre• tion of the treasurer and the barons of the Exchequer.'

[ocr errors]
[ocr errors]

c. 39.

No. X. ] 33 Henry VIII. c. 39.—The Erection of the

Court of Surveyors of the King's Lands, the Names

of the Officers there, and their Authority. 83 Henry VIII. THE Court of the General Surveyors of the King's Lands shall be a

Court of Record, and shall have a Privy Seal, of which Court shall be Officers, the King's General Surveyors, a Treasurer, viz., the Treasurer of the King's Chamber for the Time being, an At. torney, the Master of the Woods, Auditors, Receivers, a Clerk of

the Court, an Usher, a Messenger; their several Oaths, Duties, and Altered 1 M.

Authorities. All Lands only mentioned in a Schedule, signed or sess. 2. c. 10. to be signed with the King's Sign manual, shall be in order and

Governance of the said Court. i L. AND where divers and sundry obligations and specialties hereto

fore have been made to divers persons, part of them to the use . of King Henry the Seventh, father of our now most gracious Sovereign • Lord, and part of them to the use and behoof of our said now Sove• reign Lord ; Be it enacted by the King our Sovereign Lord, with the No. X. assent of the Lords Spiritual and Temporal, and the Commons, in this

83 H. VIII. present Parliament assembled, and by authority of the same, That all

c. 39. obligations and specialties, which after the first day of May next coming, shall be made for any cause or causes touching or in any, wise concerning the Kiog's most Royal Majesty, or his heirs, or to his or Obligations their use, commodity or behoof, shall be made to his Highness, and to made to the his heirs, kings, in his or their name or names, by these words, Domino King shall be Regi, and to none other person or persons to his use, and to be paid to in the nature of his Highness by these words, Solvend eidem Domino Regi, hæred' vel ple, and shall execuioribus suis, with other words used and accustomed in common be made Do. obligations; and that all such obligations and specialties so to be mino Regi, &c. made shall be good and effectual in the law to all purposes and intents, and shall be of the same nature, kind, quality, force and effect to all intents and purposes, as the writings obligatory laken and kuowledged according to the statute of the staple at Vestminster hath at any time before the making of this present Act been taken, used, exercised, and executed against any lay person or persons; any law, usage, or custom, to the contrary thereof notwithstanding;

LI. And that all such obligations and specialties, the debt whereof Who shall have not being paid nor contented in the life of the King, shall come, re- the King's spemain, and be to the heirs or executors of the King, at the free liberty, cialties after disposition, assignment, and appointment of the same King; to whom his death. such obligations or specialties shall be made as is aforesaid. And if any person or persons, in his or their own proper person or persons, after the said first day of May, make or take any obligation or obligations to the use of the King's Majesty, or of his beirs, Kings, other. wise than is before expressed ; that then such person or persons only, that shall so offend contrary to this present Act, for his or their so doing shall have and suffer such imprisonment, as shall be assessed and adjudged by the King, or his most honourable council daily attendant upon his Highness' most Royal person .

LII. And that all suits to be made after the first day of April next All suits for coming for the recovery of or for any the King's debts, in any of the the King's King's courts

mentioned in this Act, of or upon any obligation of spe his own name. cialty dated or delivered before the making of this present Act, or which shall be dated and delivered to the King, or to his use, afore the second day of May next coming, shall be taken, sued, and pursued in the name of the King, and in the name of none other person or persons, to whatsoever person or persons the said obligations or specialties, or any of them be, have been, or shall be made to the King's use.

Lill. And that all suits, process, judgments, decrees, and executions Process, judghereafter to be taken, pursued, or given for the King in any the King's ment and execourts mentioned in this Act, of or upon any of the same obligations cution for the last afore mentioned, shall be of the same or like strength, force, ef. King to be in fect and intent in the law to all purposes, only against all and all man

the nature of

the statute ner such person and persons as been bound in such obligations or spe- staple. cialties, as well spiritual as temporal, as against their heirs, successors, executors and administrators, and every of them, and against none other, as writings obligatory taken and acknowledged according to the statute of the staple at Westminster, at any time before the making of this present Act, have been used to be taken, exercised, and executed against any lay person or persons.

LIV. And that the King in all suits hereafter to be taken in or upon The King in all any obligations or specialties made or hereafter to be made to the King, suits for debt or any to his use, shall have and recover his just debts, costs and da- shall recover mages, as other common persons use to do in suits and pursuits for their his costs and debts. And that all such suits as now be depending in the name of any

damages. common person to his Grace's use, whereof no verdict is, or before the feast of Easter next coming shall be given or passed, or no exigent awarded, shall abate, be void, and of none effect; and nevertheless the King, by the authority aforesaid, shall have bis suit and remedy for the

« PreviousContinue »