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VIII. And the King commandeth the treasurer, and barons of the Exchequer, upon their allegiance, and by the oath that they have 'made to him, that they shall not assign any in their rooms, but such as '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 ' he be sworn, without special licence of the treasurer; and if any be, 'he shall be forthwith 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, according 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 he 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.

No. III.

51 Hen. III. stat. 5.

in the ExcheDeputy officers

quer.

Of the woollstaple is inserted by mistake. † Not in the original.

The King's officers that ought to accompt.

IX. And they of the wooll-staple shall make oath, that if any of them may perceive that another doth commit any default, offence, or other thing + dishonest in the office of the wooll-staple, or that he hath 'done before, that they shall certify it to the treasurer, or to the barons, or to some of them, who shall cause it to be amended, or to the King himself, if need require. And that about the Feast of St. Margaret, before that the Exchequer be closed, they shall cause a search to be 'made, whether any sheriff or bailiff, that ought to have accompted the 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 works. attend may best to that office; and that they be sufficient to answer the King, if • 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

Of good men.

' amounteth unto, and shall be imprisoned one year and forty days, || 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 have charged himself, shall be punished in like wise as he that admitted such false allowances.

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

Extreats of

fines and amerciaments shall be delivered in the Exchequer

No. VI.

3 Edward I.

c. 19.

A sheriff hav

ing received the King's debt,

shall discharge

the debtor.

Process for levying of the king's debt

shall be shewed

to the debtor.

10 Edward I.

The bodies of shires. Annual rolls.

[* Qu. shall be written in annual rolls of subsequent dates.]

A roll of desperate debts.

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IN right of the sheriffs, or other, which answer by their own hands unto the Exchequer, and which have received the King's father's '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 (whether the sheriffs or other be living or dead) in a certain form that shall be delivered them; and such as have not so done (if they be living) shall be grievously punished; and if they be dead, their heirs shall answer, and be charged with the debt. And the King hath com'manded, that sheriffs and other aforesaid, shall from henceforth lawfully acquit the debtors at the next accompt after they have received 'such debts; and then the debt shall be allowed in the Exchequer, so 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 sheriff's and their heirs. And if any other, that is answerable to the Exchequer by his own hands so do, he shall render thrice so much to the plaintiff, ' and make fine in like manner. And that the sheriffs shall make tallies to all such as have paid their debt to the King ; and that the summons of the Exchequer be shewed to all debtors that demand a sight thereof, without denying to any, and that without taking any reward, and without giving any thing; and he that doth contrary, the King shalt 'punish him grievously.'

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[No. VII. ] 10 Edward I. (the Statute of Rutland.)— Touching the Recovery of the King's Debts.

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THE King to his treasurer and barons of the Exchequer, greeting." To the intent that provision may be had for the indemnity of us and our people, in certain things touching us and our people aforesaid, in our said Court of Exchequer, we will and provide, That from henceforth the bodies of shires shall not be written in several rolls, but '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 mean. The remanents of the ferms of the same shires* shall be written post terras datas in the annual rolls, and the sheriffs shall be charged therewith; in which remnants the liveries and alms assigned shall be allowed, and other allowances (if sheriffs have had any) of the issues of '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.

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II. Of dead ferms, and debts desperate, whereof there is no hope, one roll shall be made, and shall be inrolled, and read every year upon

the accompt of sheriffs; and the debts whereof the sheriffs are ⚫ answerable shall be written in the annual roll, and there shall be 'acquitted.

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No. VII.

10 Edward I.

Tallies for

Ill. Moreover, we will and provide, That it shall be proclaimed in every county, that all they that have tallies of the Exchequer, for the debts. debts 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 Exchequer upon their accompts. And the sheriff's 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.

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VI. Moreover, it shall be proclaimed, That except those that have 'such tallies do deliver them to the sheriffs and knights, as afore is said, that then they shall be distrained for the whole debt, and that the foresaid tallies shall be reputed for unpaid.

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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.

Having tallies and not delivering them.

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, in 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 forthwith 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 be made therefore, what debts be paid in the whole, and what are paid in part, and what debts there be, whereof the debtors be not acquitted, according as shall be convenient to be done.

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IX. Moreover, we will and provide, That the chamberlains from henceforth shall not make to the sheriffs, or any of their bailiffs, 'tallies of dividendis, unless they first receive of them writings containing the particular sums and occasions of debts, and the names of them that paid them*, unto the which particulars he may part the names of such manner dividendis; which being so received under their seals, it shall not be lawful to number them into other par'ticulars. 'X. Moreover, we provide, That all debts, whereunto the sheriffs 'make return, that the debtors have nothing in their bailiwicks, ne had 'not at such time as they were charged with the same debts, or that the debtors be not found, that the same debts shall be estreated in rolls, and the same rolls to be delivered unto faithful and circumspect men, which shall make inquiry thereof after such form as shall be provided by the treasurer and barons.

Tallies of dividends.

[* Qu. And into what parcels they would have such dividends distributed.] The sheriff returneth that the debtor is not found, or hath nothing.

No. VII.

10 Edward I.

No suit shall be prosecuted in the Exchequer, unless it con

cern the King, or his officers

there.

st. 3. c. 12.

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XI. But for so much as certain pleas were heretofore holden in the 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 ' unduly prorogued and letted; we will and ordain, That no plea shall 'be holden or pleaded in the Exchequer aforesaid, unless it do specially concern us and our ministers aforesaid. And therefore we command, That ye cause the premisses to be distinctly and openly read afore you, and to inroll it, causing the same to be straitly observed in our Court of Exchequer aforesaid. In witness of which, &c. Yeven at • Rutland the four and twentieth day of the month of May, in the tenth year of our reign.'

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[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.

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28 Edward I. FROM henceforth the King will, that such distresses as are to be 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 efsewhere 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.'

1 Richard II. c. 5.

c. 39.

[No. IX. ] 1 Richard II. c. 5.-The Punishment of a Clerk of the Exchequer making Process for a Debt paid.

IT

TEM it is ordained, That all statutes and ordinances made before this time 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, re'joined, 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.'

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[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 Attorney, the Master of the Woods, Auditors, Receivers, a Clerk of the Court, an Usher, a Messenger; their several Oaths, Duties, and Authorities. All Lands only mentioned in a Schedule, signed or to be signed with the King's Sign manual, shall be in Order and Governance of the said Court.

Altered 1 M. sess. 2. c. 10.

L. AND where divers and sundry obligations and specialties heretofore 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

No. X.

33 H. VIII.

c. 39.

Obligations made to the King shall be

in the nature of a statute sta

reign Lord;' Be it enacted by the King our Sovereign Lord, with the assent of the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by authority of the same, That all 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 King's most Royal Majesty, or his heirs, or to his or their use, commodity or behoof, shall be made to his Highness, and to his heirs, kings, in his or their name or names, by these words, Domino Regi, and to none other person or persons to his use, and to be paid to his Highness by these words, Solvend eidem Domino Regi, hæred' vel ple, and shall execuloribus suis, with other words used and accustomed in common be made Doobligations; 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 taken and knowledged according to the statute of the staple at Westminster 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 heirs, 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 coming for the recovery of or for any the King's debts, in any of the King's courts mentioned in this Act, of or upon any obligation or specialty 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.

LIII. And that all suits, process, judgments, decrees, and executions hereafter to be taken, pursued, or given for the King in any the King's courts mentioned in this Act, of or upon any of the same obligations last afore mentioned, shall be of the same or like strength, force, effect and intent in the law to all purposes, only against all and all manner such person and persons as been bound in such obligations or specialties, 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 any obligations or specialties made or hereafter to be made to the King, or any to his use, shall have and recover his just debts, costs and damages, as other common persons use to do in suits and pursuits for their debts. And that all such suits as now be depending in the name of any 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 his suit and remedy for the

All suits for
the King's
his own name.

debts to be in

Process, judgment and execution for the King to be in

the nature of the statute

staple.

The King in all suits for debt shall recover

his costs and damages.

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