No. X.

c. 39.

to the party that will pursue for the same; and if the parties which hereafter shall happen to pay to the same treasurer, or general or particular 33 H. VIII. receiver, any such sum or sums of money, and do not bring an acquittance with him to be assigned, as is beforesaid; that then if the same treasurer, or general or particular receiver, upon request to him made, shall make and deliver unto the same party one sufficient acquittance, testifying the same receipt, that then the same treasurer, or general or particular receiver, or any of his clerks, shall receive or take of the same party for the making of the said acquittance, not above four-pence, upon pain to forfeit for every such acquittance twenty shillings, for which he or they shall happen to take above the said sum of four-pence, to be recovered as is beforesaid, that is to say, the one moiety thereof to the use of the King's Highness, his heirs and successors, and the other moiety thereof to the party that will pursue for the same.

How much he shall pay for an acquittance which doth re

ceive

nuity.

any an

LXVI. And be it also enacted, That the same acquittance shall be a sufficient discharge according to the tenor and effect of the same. LXVII. And be it also further enacted and ordained by the authority aforesaid, That if any of the same general or particular receivers, which now be or hereafter shall be within any of the said courts, happen to pay to any person or persons any annuity, pension, or other rent, that then if the same person or persons, upon the receipt thereof, deliver unto the same general or particular receiver one sufficient and lawful acquittance sealed and signed, testifying the same receipt, that then the same general or particular receiver shall receive the same acquittance, without taking or receiving any fee or reward for the making of the same; and if the same party to whom the said general or particular receiver have so contented and paid any such annuity, pension or - rent, do not bring with him one sufficient acquittance signed and sealed, testifying the receipt of the same money, by reason whereof the same general or particular receiver, by himself or his clerk, maketh one acquittance for the receipt of the same annuity, pension or rent, that then the same receiver or his clerk shall not receive or take for the making of such acquittance, which he shall so happen to make, above four-pence, upon pain to forfeit for every such acquittance which he shall happen to refuse, being ready made and offered to be delivered to him, as is abovesaid, twenty shillings; and for every acquittance which he shall hereafter happen to make for any the payments aforesaid, and to receive for the making of the same acquittance above the sum of four-pence, to forfeit twenty shillings; the one moiety to the King, and the other to the party that will sue for the same; and also that the same general or particular receiver, or their deputies, which hereafter shall happen to pay any such annuity, pension or rent, shall not retain or take of the party to whom he shall happen to pay the same, in the way of reward or otherwise, not above the sum of four-pence for every pound which the same general or particular receiver shall so happen to pay, upon pain to forfeit vi. s. viii. d. for every penny which he or they shall happen The receiver to receive above the said sum of four-pence, for every pound which shall take but he or they shall so happen to pay; the one moiety of the said for- iv.d. a pound. feiture to be to the King, and the other moiety to the party that will sue for the same; and that all the said suits concerning the said forfeitures may be commenced and pursued by bill, information or action, in which suit none essoin, protection or wager of law to be admitted.

LXVIII. And be it further enacted, That if any person or persons The auditor's hereafter happen to tender or offer unto any of the auditors of the fees for inrol same several courts, for the time being, any of the King's letters ments. patents, decrees of any of the same several courts, grants, indentures of leases, as well for term of years as for term of life or lives to be inrolled before the same auditor, according to his office; that then the same auditor, upon the same tender or offer, shall inroll the same, or as much of the same letters patents, decrees, grants or indentures, as shall appertain to his said office; and if any of the same auditors,

of any of their clerks, or any other to their use, or to the use of any of them, receive and take for the enrolment of any of the same letters patents, decrees, grants or indentures, or for the allowance of the same, above the sum of three shillings four-pence, that then the same auditor, or his clerk, so offending, shall forfeit six shillings eight-pence for every penny which the same auditors, or any of them, shall happen at any time hereafter to receive contrary to the form aforesaid; the one moiety of the same forfeiture to be to the King's Highness, and the other moiety to him that will sue for same by such manner and form as is aforesaid.

LXIX. And be it also further enacted by the authority aforesaid, That every auditor of every the said several courts, yearly in every county within their said several limits, by the space of twenty days or more before their audit, shall proclaim and declare in four several markets or other places, the place and days where and when they will keep their several audits in the same shire, upon pain to forfeit for every time doing the contrary five pounds, the one moiety whereof to be to the King's Highness, and the other moiety to the party that will sue for the same in form aforesaid.

LXX. And that also every of the auditors of the said several courts, being severally assigned to their several limits, and every the particular receivers of the same several courts, being also severally assigned and joined with the same several auditors in their said several limits, after and between every of the feasts of St. Michael the Archangel and Christmas, shall direct and award their several warrants and precepts under their seals to every of the receivers, bailiffs, reeves and other officers whatsoever accountable before the same auditors, and by the same warrant or precept to charge and command, in the name of our said Sovereign Lord the King, every of the said receivers, bailiffs, reeves, and other officers, to appear before them at one certain day and place in the same warrant or precept to them prescribed, there to declare and make a just and true accompt of all such receipts whereof they be accountable and owe to account.

LXXI. And after if the same auditors and particular receivers do repair unto the same place, and there keep their audit according to the same proclamations, precept and warrant; that then if any receiver, bailiff, reeve or other officer, being accomptable of or for any of the manors, lands, tenements or other whatsoever hereditaments now remaining, or which hereafter shall be and remain in the order, governance or survey of any of the same several courts, be lawfully warned, as well by the same proclamation, or by precept or warrant in writing sealed, and in the name of any of the auditors of the said several courts personally to appear by himself, or by his sufficient and lawful deputy, before the same auditor and receiver, at one certain day or place in the said warrant or precept prescribed, there to make and declare a just and true accompt of all receipts of his said office: And if the same receiver, reeve, bailiff and other officer, so being lawfully warned, do not appear before the same auditor and receiver at the same day and place in the said warrant expressed; or if the same receiver, bailiff, reeve or officer do, at the same day and place to them prescribed, appear, and will not accompt before the same auditor, according to the tenor and effect of the same precept and warrant; or if the same receiver, bailiff, reeve or other officer accomptable, do by himself, or by his sufficient and lawful deputy, appear before the same auditor and receiver, and then and there enter into his or their accompt before the said auditor, and after the same accompt finished and ended, if the same receiver, bailiff, reeve or other officer, do not content and pay unto the treasurer of the same several courts, or to the general or particular receiver of the same county for the time being, as the case shall require, within three weeks next and immediately after the same accompt fully finished and ended, all such sums of money, which upon the determination of his said accompt, he shall happen to be found in arrearages, and the same

default and contempt being duly proved before the head officer and officers of the said several courts for the time being; that then every such receiver, bailiff, reeve or officer so offending, to forfeit and lose his said office, and also his fee which he or they had and received for the exercising of the same office.

LXXII. And be it also further enacted by the authority of this present Parliament, That if any of the said receivers, bailiffs, reeves or other officers, upon the declaration of their said accompts, do willingly conceal and withdraw any rent, revenue, fine, heriot or other casualty whatsoever it be, of the which he ought to have made accompt, and the same duly proved before the said head officer or officers for the time being; that then every such receiver, bailiff, reeve or officer so offending, to forfeit and lose his said office and fee which he had for the exercising of the same, and also three times as much as he hath so concealed and withdrawn: And that the said head officer or officers of the same several courts, for the time being, immediately upon certificate to him made of the same default, contempt or offence, shall award process in nature of attachment against the same receiver, bailiff, reeve or other officer, as well for the same arrearages remaining in the hands of the same receiver, bailiff, reeve or officer, as also for the penalty of their recognizance or bond, in which the same receiver, bailiff, reeve or officer standeth bounden to our said Sovereign Lord the King, as also for the contempt and pain limited and appointed by

this Act.

LXXIII. And be it further enacted by authority aforesaid, That in all actions and suits to be taken or pursued in any the courts aforesaid, for the recovery of any debt or debts, which now be, or that hereafter shall happen to appertain, accrue, remain, or be to the King, by reason of any attainder, outlawry, forfeiture, gift of the party, or by any other collateral way or means, it shall be sufficient in the law to shew and allege in the said suit generally, that the party to whom the said debt or debts was or did belong, such year and day did give the same debt or debts unto the King, or was attainted, outlawed, or other offence, forfeiture, deed, act, or thing committed or done, by reason whereof the said debt or debts did accrue, and ought to remain, come, and be to the King. And that the same matter so to be shewed, alleged, or declared in a generality, without shewing and declaring the circumstances thereof, shall be of as good force and effect in the law to all intents, constructions and purposes, as if the whole matter thereof had been or were alleged and declared at large in every point, according to the due order of the common laws of this realm.

LXXIV. And be it also enacted by the authority aforesaid, That if any suit be commenced or taken, or any process be hereafter awarded for the King, for the recovery of any of the King's debts, that then the same suit and process shall be preferred before the suit of any person or persons: And that our said Sovereign Lord, his heirs and successors, shall have first execution against any defendant or defendants, of and for his said debts, before any other person or persons, so always that the King's said suit be taken and commenced, or process awarded for the said debt at the suit of our said Sovereign Lord the King, his heirs or successors, before judgment given for the said other person or persons.

LXXV. And be it enacted also by authority aforesaid, That all manors, lands, tenements, possessions and hereditaments, the which now be, or that hereafter shall come or be, in or to the lands, possession, occupation, or seisin of any person or persons, to whom the same manors, lands, tenements or hereditaments have heretofore or hereafter shall descend, revert or remain in fec simple or in fee tail general or special, by, from, or after the death of any his or their ancestor or ancestors as heir, or by gift of his ancestors whose heir he is, which said ancestor or ancestors was, is, or shall be indebted to the King, or to any other person or persons to his use, by judgment, recognizance, obligation, or other specialty, the debt whereof is or shall not be contented

No. X.

33 H. VIII.

c. 39.

The penalty if an accomptant do withdraw any rent.

A remedy for debts which grow to the King by attain

der, oulawry, forfeiture, gift,

No. X. 33 H. VIII. c. 39.

The King's debts payable by the heir, though in the bond he be not

named.

Lands intailed chargeable.

The King may charge the executors or administrators.

The lands, chargeable to the King recovered.

Sufficient matter pleaded in discharge of the debt.

Lands chargeable to the King in several men's

tenures.

The liberties of the duchy of Lancaster

saved.

and paid; that then in every such case the same manors, lands, tenements, possessions and hereditaments, shall be and stand, by authority of this Act, from henceforth charged and chargeable to and for the payment of the same debt, and of every part thereof.

LXXVI. And that our said Sovereign Lord, his heirs and successors, at any time hereafter shall not be barred, delayed, foreclosed, or ex cluded, to demand, have, and receive his or their just, due, and lawful debts and duties against any of his subjects, as heir or heirs to any person or persons indebted to his Highness, or to other persons to his use, or which shall be indebted to his Highness, his heirs or successors, albeit this word heir be not or shall not be comprised in such recogniz ance, obligation or specialty, or that any such person or persons shall say or allege, that he or they have not any manors, lands, tenements or hereditaments to them descended, but only such manors, lands, tenements or hereditaments, as be or shall be intailed or given to them by any their ancestors to whom they be heirs; any laws, uses or customs before this time used or had to the contrary notwithstanding.

LXXVII. Provided always, That the King's Majesty, his heirs and successors, may at his or their liberty and pleasure demand, have and recover his or their said debt or debts, of and against any executor or executors, administrator or administrators of any such person or persons, which is, hath been, or shall be indebted in manner and form abovesaid, if the same executor or executors, administrator or administrators, shall have assets in his or their hands, in deed or in law; any thing before mentioned to the contrary notwithstanding.

LXXVIII. Provided also, That if the said manors, lands and hereditaments, or any of them, shall hereafter be recovered or evicted out of or from the possession of any such person or persons, by any just or former title, without fraud or covin, whose manors, lands, tenements or hereditaments have been or shall be charged or chargeable, as is abovesaid; that then all and every such manors, lands and hereditaments, shall be clearly acquitted and discharged of and for the payment of the same debts, and of every part thereof; any thing before mentioned to the contrary notwithstanding.

LXXIX. Provided alway, and be it enacted by the authority aforesaid, That if any person or persons, of whom any such debt or duty is, or at any time hereafter shall be, demanded or required, allege, plead, declare or shew, in any of the said courts, good, perfect and sufficient cause and matter in law, reason or good conscience, in bar or discharge of the said debt or duty, or why such person or persons ought not to be charged or chargeable to or with the same: And the same cause or matter so alleged, pleaded, declared or shewed, sufficiently proved in such one of the said courts, as he or they shall be impleaded, sued, vexed, or troubled for the same; that then the said courts, and every of them, shall have full power and authority to accept, adjudge, and allow the same proof, and wholly and clearly to acquit and discharge all and every person or persons that shall be so impleaded, sued, vexed, or troubled for the same; any thing in this present Act before mentioned to the contrary notwithstanding,

LXXX. Provided also, and be it enacted by the authority aforesaid, That if any manors, lands, tenements or hereditaments, which,be, or at any time hereafter shall be charged or chargeable to or with the debt of our said Sovereign Lord, his heirs or successors, and be at any time hereafter or shall be in the seisin and possession of divers and sundry persons, other than the obligor or obligors, that then all and singular the said manors, lands, tenements and hereditaments, and every parcel of them, shall be wholly and entirely, and in no wise severally, liable and chargeable to and with the payment and payments of the said debt and duty; any thing before rehearsed to the contrary notwithstanding.

LXXXI. Provided also, That this Act, nor any thing therein contained, shall in any wise extend to minish, abrogate, or take away, any realties, liberties, privileges, franchises, pre-eminences, jurisdictions,

No. X.

c. 39.

fines, issues or amerciaments, appertaining or belonging to the said duchy of Lancaster, and county palatine of Lancaster, or any of them, 33 H. VIII. but that the same liberties, realties, privileges, franchises, pre-eminences, jurisdictions, fines, issues and amerciaments, and every of them, shall still continue, remain, and be to the said duchy of Lancaster and county palatine, and to every of them, as fully, wholly and plenarily, as they were before the making of this present Act; any thing in the same contained to the contrary notwithstanding.

LXXXII. Provided alway, and be it enacted by the authority afore said, That all manner of process, processes, and executions for debts, only coming and growing in the Court of the Exchequer, shall be made in the same Court of the Exchequer, by such officer and officers, clerk or minister of the same court, as hath been afore this time used to be made, after and with such kind of process, processes and executions, as by this Act is limited and declared; any thing in this Act con tained to the contrary notwithstanding.

[No. XI. ] 2 and 3 Edward VI. c. 4.-An Act for the Sheriffs of England to have certain Allowances upon their Accompts.

I. [Sheriffs upon their accompts in the Exchequer, upon their Oath taken, shall be discharged of all such monies as they cannot levy, and shall have their due allowances.]

II. [The statute of 34 & 35 H. 8. c. 16. touching sheriffs, rehearsed and repealed.]

V. [Every sheriff shall have tallies of reward.]

VII. [Sheriffs' allowances that have no tallies of reward.]

IX. [Sheriffs' allowances for vicountiels and possessions come to the King's hands.]

X. [The sheriffs shall be sworn to bring into the Exchequer rolls of parchment of money which he hath or might have levied.-Process shall be awarded out of the Exchequer to enquire of the King's debts.] XI. [Allowance made to commissioners for their costs.]

[No. XII.] 7 Edward VI. c. 1.-An Act for the true Answering of the King's Majesty's Revenues. FORASMUCH as the King's Majesty's treasurers, and general and particular receivers and bailiffs of his honours, castles, lordships, manors, lands and tenements, reversions, possessions and other his

Process and executions for debts growing in the Exchequer.

7 Edward VI. c. 1.

Certain officers

' hereditaments in England, Wales and Calice, and the marches of the accomptable same, or elsewhere within the King's dominions, have not so justly, to the King 'speedily, neither duly made yearly payments of such sum and sums shall be bound of money as hath been by them and every of them received of the with sureties King's Majesty's revenues, possessions and profits, into the King's for their true • Majesty's treasury according to their duties, but yearly do detain and accompt and keep the same to their own gain, profit and lucre, contrary to all payment. right, truth and equity, and to the manifest injury, wrong and hindrance of and to the King our Sovereign Lord :'

II. Be it therefore enacted by the King our Sovereign Lord, the Every officer Lords Spiritual and Temporal, and the Commons, in this present Par- that now is acliament assembled, and by the authority of the same, That every trea- comptantto the surer and general and particular receiver, collector and bailiff, and King shall be other minister accomptant, which now is charged or chargeable with bound for his or for the receipt of any of the King's Majesty's money, rents or re- true accompt venues whatsoever, not being bound with surety or sureties by obli- and payment. gation, recognizance or otherwise, to our late Sovereign Lord the King, or to our Sovereign Lord the King that now is, for or concerning their office or offices, before the twentieth day of December next comVOL. IV.

R