A short treatise touching sheriffs accompts written by the Honourable Sir Matthew Hale ... ; to which is added, A tryal of witches, at the assizes held at Bury St. Edmonds, for the county of Suffolk, on the 10th of March 1664, before the said Sir Matthew Hale, Kt.

A short treatise touching sheriffs accompts written by the Honourable Sir Matthew Hale ... ; to which is added, A tryal of witches, at the assizes held at Bury St. Edmonds, for the county of Suffolk, on the 10th of March 1664, before the said Sir Matthew Hale, Kt.

Table of contents

Title page

FOR The Right Honourable THE LORD HIGH TREASURER OF ENGLAND, And the CHANCELLOR Of the EXCHEQUER.

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CHAP. I. Touching the ancient and modern Weight and Allay of Sterling Silver.

CHAP. II. Concerning the Weight of Coin, and the difference therein, with regard to the Denomination of Coin.

CHAP. III. Touching the Corruptions of Money, and the remedies anciently used in relation thereunto.

CHAP. IV. Concerning the manner of answering the King's Firmes anciently.

CHAP. V. Concerning the manner of collecting the King's Revenues of the County, and the several kinds of them with their several Titles.

CHAP. VI. Concerning the manner how the Annual Revenue of the County was usually answered in the ancient times untill 10 E. 1.

CHAP. VII. The Second Period of the Sheriffs Accompts, viz. How they stood from 10 E. 1. untill 34 H. 8.

CHAP. VIII. Touching the State of the Sheriffs Firmes from the Statute of 34 H. 8. till the fourteenth year of the Reign of King Charles 1. which is the Second Period.

CHAP. IX. The Third Period from the fifteenth year of King Charles the first untill the year of our Lord 1650. And how the Sheriffs Firmes and Accompts stood in that interval.

CHAP. X. The Fourth Period of the Sheriffs Firmes from the y•ar, 1650 unto this day, and how they were answered in that interval.

[Page]A Short TREATISE Touching Sheriffs Accompts.

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A SHORT TREATISE Touching Sheriffs Accompts.

Written by the Honourable Sir Matthem Hale, Kt. sometime Lord Chief Justice of His Majesty's Court of King's-Bench.

To which is added, A Tryal of Witches, at the Assizes held at Bury St. Edmonds, for the County of Suffolk, on the 10th of March 1664, before the said Sir Matthew Hale, Kt.

LONDON, Printed, and are to be sold by Will. Shrowsbery, at the Bible in Duck-Lane. 1683.

FOR The Right Honourable THE LORD HIGH TREASURER OF ENGLAND, And the CHANCELLOR Of the EXCHEQUER.

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ACcording to my Promise to your Lordships, I have given a large Historical Narrative of the Sheriffs Accompts for the [Page] Annual Revenue of their Countries: Wherein some things may occurr that may be usefull to the understanding of the Sheriffs Accompts, and many other old obscure Records, and some things incidently opened that have been formerly obscure and scarce intelligible, yet fit to be known. Some things also relating to the diff [...]rence between the Auditors of the Revenue, and the Officers of the Pipe. There may be some mistakes of my own, I confess, in a matter of so great intricacy, perplexity and obsoleteness, which I could not easily correct, in the Country, because many [Page] of my Papers are at London that concern this business, and, I fear, hardly to be retrieved into a due order, in regard of the late distraction. And here may be some mistakes in the Transcriber, which at this distance I could not examine. But, possibly, notwithstanding these mistakes, Your Lordships may find something that may be usefull, and when I wait upon you I shall review and correct.

Your Lordships humble Servant.

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THE CONTENTS.

CHAP. I. TOuching the Ancient and Modern Weight and Allay of Sterling Silver. Page 1.

CHAP. II. Concerning the Weight of Coin, and the difference therein, with regard to the Denomination of Coin. p. 14.

CHAP. III. Touching the Corruptions of Money and the Remedies anciently used in relation thereunto. p. 19.

CHAP. IV. Concerning the manner of answering the King's Firmes anciently. p. 30.

CHAP. V. Concerning the manner of collecting the King's Revenues of the County, and the several kinds of them, with their several Titles. p. 33.

[Page] CHAP. VI. Concerning the manner how the Annual Revenue of the Co [...]nty was usually answered in the ancient times until 10 E. 1. p. 48.

CHAP. VII. The Second Period of the Sheriffs Accompts, viz. how they stood from 10 E. 1. until 34 H. 8. p. 63.

CHAP. VIII. Touching the state of the Sheriffs Firmes from the Statute of 34 H. 8. till the 14th year of the Reign of King Charles 1. which is the Second Period. p. 77.

CHAP. IX. The Third Period from the 15th year of King Charles 1. untill the year of our Lord 1650, and how the Sheriffs Firmes and Accompts stood in that intervall. p. 87.

CHAP. X. The Fourth Period of the Sheriffs Firmes from the year 1650 unto this day and how they were answered in that intervall. p. 89.

CHAP. I. Touching the ancient and modern Weight and Allay of Sterling Silver.

IT will be necessary for the better understanding of Sheriffs accompts, especially in the elder times, to examine these matters, viz.

I. Touching the Denomination▪ Weight and Allay of Sterling Money, [Page] the Corruptions thereof in both, and the remedies that have been formerly applied for the reformation of these corruptions.

II. Concerning Firmes▪ their nature, and how they were answered in former times. The first shall be the subject of this Chapter, the second the subject of the next.

Concerning the former of [...] I shall apply my self singly to the business of Silver Coin, because that was the usual species wherein the King's Firmes were commonly answered.

And first, concerning the Coin of Silver, there are these things considerable therein.

1. The Authority or Power that gives it its Stamp, Weight, Denomination and Value.

2. The Matter of it.

3. The Weight and Denomination.

As concerning the first of these, it is, without all question, the inherent Regality and Prerogative of the Crown, to give the Currantness, [Page] Allay, Weight, Denomination and extrinsique Value to the Coin of this Kingdom: and as it is a part of his Regality and Prerogative, so it is a part of his Regal Revenue, which is called the King's Seigniorage, or Royalty, or Coinage, viz. ordinarily, on every pound weight of Gold, the King had for his Coin 5s. out of which he paid to the Master of the Mint, for his work, sometimes 1 [...]. sometimes 1s. 6d. Upon every pound weight of Silver, the Seigniorage, or Coinage, answered to the King, in the time of King Edw. 3. was 8 peny weight, pondere, which about that time amounted to 1s. out of which he paid sometimes 8d. sometimes 9d. to the Master. In the time of H. 5. the King's Seigniorage of every pound weight of Silver was 15d. See Rot. Parl. 9 H. 5. pars 2. N. 15. although the Authorization, Denomination and Stamp of Coin was undoubtedly the King's right, yet it appears by Roger Hawood, that in the troublesome times of King [Page] Stephen, viz. An. Dom. 1149. Omnes Potentes, tam Episcopi quam Comites & Barones, suam faciebant monetam. But Henry the second coming to the Crown, remedied this usurpation of the Baronage: Novam fecit monetam qu [...]e sola recepta erat & accepta in regno. And since that time, the exercise as well as the right of coining of Money in the Kingdom hath remained uninterruptedly in the Crown. It is true, that by certain ancient privileges, derived by Charter and Usage from the Crown, divers, especially of the eminent Clergy, had their Mints or Coinages of Money. As the Abbot of St. Edmunds▪bury, Claus. 32 H. 8. m. 15. dorso: And the Archbishop of York Claus. 5 E. 3. pars 1. m. 10. 19. dorso, and some others. But although they had the profit of the Coin, yet they had neither the Denomination, Stamp, nor Allay: for upon every change of the Coin by the King's Proclamation, there issued over a Mandate to the Treasurer [Page] and Barons to deliver a Stamp over to those private Mints to be used. But this liberty of Coinage in private Lords hath been long since disused, and in a great measure, if not altogether, reassumed by the Statute of 3 H. 7. Cap. 6.

2. Concerning the second, viz. the Matter or Species▪ whereof the currant Coin of this Kingdom hath been made, it is Gold or Silver, but not altogether pure, but with an Allay of Copper, at least from the time of King H▪ 1. and H. 2. though possibly in ancienter times the Species whereof the Coin was made might be pure Gold or Silver; and this Allay was that which gave the Denomination of Sterling to that Coin, viz. Sterling Gold, or Sterling Silver: Wherein there will be inquirable,

1. Whence that Denomination came.

2. How ancient that Denomination was.

3. What was the Allay that gave Silver that Denomination.

[Page] For the former of these there are various conjectures, and nothing of certainty.

Spelman supposeth it to take that Denomination from the Esterlings, who, as he supposeth, came over and reformed our Coin to that Allay. Of this opinion was Cambden, A Germanis, quos Angli Esterlings, ab Orientali situ, vocarunt, facta est appellatio; quos Johannes Rex, ad Argentum in suam puritatem redigendam, primus evocavit: & ejusmodi [...]mmi Esterlingi, in antiquis scripturis semper reperiuntur. Some suppose that it might be taken up from the Starre Jud [...]eorum, who being the great Brokers for Money, accepted and allowed Money of that Allay, for currant payment of their Stars or obligations. Others from the impression of a Sterling, or of an Asterisck upon the Coin. ▪Pur ceo que le form d'un Stare, dont le diminutive est Sterling, fuit impresst o [...] stamp sur ceo.

Auters pur ceo que le▪primer de cest Standard [...]uit coyn en le Castle [Page] de Sterlin in Scotland pur le Roy Edw. 1. And possibly as the proper name of the fourth part of a Peny was called a Farthing, and ordinarily a Ferling; so in truth the proper name of a Peny in th [...]se times was called a Sterling, without any other reason of it than the use of the times and arbitrary imposition, as other names usually grow. For the old Act of 51 H: 3. called Compositio Mensurarum, tells us that Denarius A [...]gliae Sterlingus dicitur. And because this was the root of the measure, especially of Silver Coin, as will be shewed, therefore all our Coin of the same Allay was also called Sterling, as five Shillings Sterling, five Pounds Sterling.

2. When this name of Sterling came first in is uncertain, onely we are certain it was a Denomination in use in the time of H. 3. or Ed. 1. and after-ages. But it was not in use at the time of the compiling of Doomsday, for if it were we should have found it there▪ where there is [Page] so great occasion of mention of Firmes, Rents and Payments.

Standard del mony en French est appel Pied de mony per Bodin, Pes monetarum, qua [...]i Princeps ibi pedem figit.

Matth. Paris mag. Hist. 220. b. In le 12 an. de Roy John le primier standard del English▪ mony fuit establish en Realm d'Ireland, et fuit equal al primes, & que l'English mony ne fuit au quart part melior in value que l'Irish, come ceo ad estre depuis le temps del Edw. 4. Et fuit change in Ireland come ceo fuit change in Engleterre. Le primer difference & inequality inter les Standards del English monies, & Irish monies est troue in 5 Ed. 4. car don (que) fuit declare in Parliament icy que le Noble serra currant en cest Realm pur 10s. & issint fuit que l'Irish Shilling forsque 9d. Dengletre.

Hovenden in Rich 1. fol. 377. b. Videns igitur Galfridus Eboracensis electus, quod nisi mediante pecunia amorem Regis [...]ui nullatenus habere [Page] possit, promifit ei tria millia Librarum Sterlingorum pro amore ejus habendo. Que fuit devant le temps del Roy John; pur que semble que le temps quant cest money fuit primerment coin est uncertain. Car ascuns diont que fuit fait per Osbright un Roy de Saxon race 160 ans de [...]ant le Norman conquest. Nummus a Numa que fuit le primer Roy▪que fesoit moneies en Rome. Issint Sterlings, alias Esterlings, queux primes fesoient le money de cest Standard en Engleterre.

3. As touching the Allay that is by use and custom fitted to that Money which we call the Sterling, or Sterling Allay; perchance we shall not find that constancy in the Allay as is generally thought.

The Sterling Allay of Gold, according to the Red Book of the Exchequer is this. The Pound weight of Gold consists of twenty four Charats, every Charat weighing half an Ounce of Silver; and every Charat of Gold consists of four Grains, and consequently every [Page] Grain of Gold weighing thirty of these Grains which we call Silver Grains, whereof hereafter.

In the time of Edw. 3. the Pound of Sterling Gold consisted of twenty three Charats, three Grains and a half of pure Gold, and half a Grain of Allay of Copper.

The Sterling Silver, as it seems to me, in former times had an Allay differing from what it is at this day. At this day a Pound weight of Silver (viz. 12 Ounces to the Pound, or Troy weight) consists of eleven Ounces two Peny-weight of fine. Silver, and eighteen Peny-weight of Allay or Copper: every Pound containing twelve Ounces, and every Ounce divided into 20 parts called twenty Peny-weight: For at that time 20 Peny-weight weighed one Ounce, which though the Peny-weight be altered, yet the Denomination continues. And this Allay was in use in the forty sixth year of King Edw. 3. and for some time before, and hath continued ever since.

[Page] In the Treatise of Money in the Red Book of the Exchequer which seems to be written in the time of Edw. 3. for it mentions the Indentures of the Mint in 23 Ed. 3. it is said the use was then that in every pound weight of Sterling Silver there was sixteen Peny-weight of Allay: the consequence whereof is that the Pound of Sterling Silver then contained eleven Ounces four Peny-weight of fine Silver, and sixteen Peny-weight of Copper.

And it should seem by what follows in the Chapter, that in the time of H. 2. the Allay of Copper in Sterling Silver was less than that: For upon every Pound weight of Silver Money they used to allow 12 Peny-weight ad dealbandam firmam; which seems to be the remedy for the reduction of the Money then currant into fine Silver, sed de hoc postea.

But at this day, and for very many reasons, the Allay of Sterling Silver hath been 18 Peny-weight of Copper allowed to 11 Ounces [Page] 2 Peny-weight of fine Silver; thereby making up the Pound weight Troy of Sterling. Vid. Indentures of the Mint, Claus. 46 Ed. 3. m. 18. Dors. Claus. 1. H. 5. m. 35. Dors. Claus. 4. Ed. 4▪ m. 20. And this I take at this day to continue the Standard of Sterling Silver.

29 E. 1. Per special ordinance del Roy les Pollards & Crockards fueront decrie & adnul, quel ordinance fuit transmit in Realm d'Ireland & enrol en Exchequer icy, come est troue in Libro rubra Scaccarii, ibid. pars 2. fol. 2. b.

En temps E. 1. Denarius A [...]gli [...]e, qui nominatur Sterlingus, rotundus fine tonsura, ponderabit triginta & duo grana in medio spic [...]e.

Sterlingus & De [...]arius sont toutDy. 6. & [...] Ed. 6. un. Le Shilling con [...]istoit de 12 Sterlings. 25 E. 3. cap. 6. Le substance de cest denier ou Sterling Peny al primes fuit vicefima pars un [...]i [...]e. Et issint continue [...]astal Money. 345. tanq. 9 E. 3. quant l'ounce del Silver fuit tallie in 26 pence que proportion fuit [Page] continue tanq. 2 H. 6. quant l'ounce del Silver fesoit 32 pence▪ Et cest ius (que) al 5 E. 4. quant fesoit 40 pence. Et cest iusques 36 H. 8. quant il prepare son journy al Bulloigne & don (que) fuit divide en 45 pence. Que continue iusques al 2 El. quant l'ounce de pure Silver fuit tallie enDavies 24. 60 pence, & cest Standard remain a cest jour.

Et qu [...]elibet libra de sterling avoit 18d. ob. d'allay de Copper, & nient plus. Et cest allay de sterling Mony les Ordinances ou Statutes de 25 E. 3. cap. 13. & 2 H. 6. cap. 13. font mention, & est contein en touts Indentures fait enter le Roy & les Maisters del Mint.

CHAP. II. Concerning the Weight of Coin, and the difference therein, with regard to the Denomination of Coin.

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THE Pound weight of Gold though it were the same with that of Silver, yet is made up of smaller parts of a different Denomination, every Pound weight consisting of 24 Charats, and every Charat consisting of 4 Grains.

The Pound weight of Silver is subdivided into parts of another Denomination; for every Pound consists of 20 Peny-weights, and every Peny-weight of 24 Grains. This appears by the Books and Records above mentioned. Et touts susdits moneys dargent issint faites serront dallay de Standard de veil Esterling: Cost ascavoir que chescun leivre dargent de cestes moneys de poize tiendra [Page] vnze ounces & 2d. de poize dargent fine, & 18d. de poys dallay, chescun peny weight containant 24 grains.

So that every Charat in the Pound weight of Gold equals half an Ounce of Silver; and every Grain of Gold, the fourth part of a Charat, equals 60 Grains of Silver weight.

In that old Ordinance, before mentioned called Compositio Mensurarum 51 H. 3. it is said, Per ordinationes totius Regni Angliae [...]it una mensura Domini Regis composita, viz. quod Denarius Angliae, qui nominatur Sterlingus, rotundus fine tonsura ponderabit triginta & duo Grana frumenti in medio spic [...]e; & viginti Denarii faciunt Ʋnciam; & duodecim Ʋnci [...]e faciunt Libram, &c.

But these thirty two Grains in the middle of the ear of Corn, are the natural Grains, which were the weight of the then English Sterling Peny. But for the better accommodation of Accompts, these 32 natural Grains are reduced to 24 artificial Grains, [Page] which, from very ancient time unt [...] this day are the common measure of the Peny-weight, as the 20 Peny-weight is the measure of an Ounce.

Having thus stated the artificial weights of Gold, and Silver, especially the latter, I shall proceed to the comparison that now and anciciently stands between these artificial weights and the Coin of Silver.

It is very plain that in the latter end of H. 3. and the beginning of King Ed. 1. and for a long time before, twenty Pence of Sterling Money did weigh an Ounce, and twelve times twenty Pence or twenty Shillings did then weigh a Pound Troy weight: and accordingly as twenty Peny-weight was then an Ounce, and so called, so two hundred forty Pence, or twenty Shillings was a Pound weight, and so called, viz. Libra Argenti. And although at this day the Peny and the 20 Shillings of Silver is much altered in their true weight, yet the Denomination is still retained. The Ounce is commonly divided and [Page] estimated by 20 Peny-weight, and 20 Shillings is called Libra Argenti.

In the time of King Edw. 1. (as appears) an Ounce of Sterling Silver made 20 Sterling Pence, and consequently a Pound of Sterling Silver made 240 Pence Sterling. But process of time hath made a great alteration between the Weight and extrinsique Denomination or Value of Money.

In 46 E. 3. it appears by the Indenture of the Mint that a Pound of Sterling Silver made then 300 Sterling Pence. Claus. 46. E. 3. m. 18.

And afterwards in 1 H. 5. the reduction of Coin was such that a Pound weight of Sterling Silver made 360 Pence Sterling. Claus. 1. H. 5. m. 35. dorso. Which made the Pound weight of Silver to contain 30 Shillings, and deducting 1 Shilling for Coinage, the Merchant had 29 Shillings for his Pound of Silver brought into the Mint.

In the 4th year of Ed. 4. the Pound of Sterling Silver yielded 33 Shillings [Page] viz. about 396 Pence in the Pound: and consequently 33 Sterling Pence then made the Ounce of Silver. Claus. 4. E. 4. m. 20.

At this day the Ounce of Silver coined contains 5 Shillings, or 60 Pence: and consequently the Pound weight of coined Silver yields 60 Sterlings or 720 pence. So that at this day the extrinsecal Denomination or Value of Money in proportion to its Weight, is three times higher than it was in the time of E. 1. And thus much shall suffice touching the second enquiry.

CHAP. III. Touching the Corruptions of Money, and the remedies anciently used in relation thereunto.

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BY what hath been before said it appeareth, the two special requisites of the currant Coin of this Kingdom are,

I. That it be of the true Standard in relation to its weight.

II. Of the true Standard with relation to its Allay: and proportionably to these two requisites are these defects, which have hapned in Moneys in modern and ancient times, viz.

I. The defect in the due weight of Money which hapned sometimes by counterfeiting the Sterling Money, though with a weight below the Standard. Sometimes by clipping, or otherwise impairing [Page] the weight of true Money.

2. The defect in the due Allay: viz. overcharging the fine Silver or Gold with an Allay of Copper more than the Standard, which hapned sometimes by the deceit or ignorance of the officers of the Mint, and sometimes by the counterfeiture of the Coin of England.

And by these practices the King's Exchequer (into or through which the most of the Money of the Kingdom successively came) was many times surcharged with such defective Money, and the King thereby deceived in his Firmes.

And therefore in ancient times there were successive experiments made by the officers of the King's revenue for the discovery and avoiding of these defective Monies and that his Rents might be answered in Money of a just weight and Allay; which, for the better understanding of ancient Records, remain here to be explicated, viz. Solutio ad Scalam, Solutio ad Pensum, and Combustion, or tryal by [Page] fire. The two former being such Remedies as related to defective Weight, and the latter being the Remedy that relates to defect in the Standard of Allay. And, touching this business, although we have very frequent mention of them, in the Pipe-rolls especially, yet the best, and contemporary exposition of them is Gervasius Tilburiensis, or the black Book of the Exchequer, written in the time of H▪ 2. who gives us the accompt thereof in his first Book, Cap. A quibus, & ad quid inventa fuit Argenti examinatio, who thus expounds it.

1. Solutio ad Scalam, viz. proeter quamlibet Libram numeratam sex Denarios, which it seems was agreed upon a medium to be the common estimate or Remedy for the defective Weight of Money, thereby to avoid the trouble of weighing the Money which was brought into the Exchequer. And this is the meaning of that frequent expression in the ancient Pipe-rolls In Thesauro 100l. ad Scalam, which [Page] seems to be one hundred Pounds, and one hundred Sixpences, or fifty Shillings.

2. Solutio ad Pensum: which was the payment of Money into the Exchequer by full weight, viz. that a Pound, or 20s. in Silver, numero, or by tale, should not be received for a Pound unless it did exactly weigh a Pound weight Troy, or twelve Ounces, and if it wanted any, that then the Payer should make good the weight by adding other Money although it amounted to more or less than 6d. in the Pound (which was the Solutio ad Scalam, as before is mentioned.) And thus frequently occurs in the Pipe-rolls, In Thesauro 100l. and pensum, or full weight.

3. Combustion or tryal by fire: which is by Gervase supposed to be set on foot by the Bishop of Salisbury, then Treasurer, (though in truth it were much more ancient, as appears by frequent passages in the Book of Doomsday:) and the Author gives the reason: Licet enim numero & pondere videretur esse satisfactum, [Page] non tamen materia. Consequens enim non erat ut si pro Libra una numerata 20 Solidos, etiam Libra ponderis respondentis consequenter Libram solvisset: Argentum enim Cupro vel quovis Aere solvisset. And thereupon ensued the constitution of examination of Money at the Exchequer by Combustion. Whether this examination was to reduce an equation of Money onely to Sterling, viz. a due proportion of Allay with Copper; or to reduce it to fine and pure Silver, and to make the estimate of the Pound or Libra Argenti, reserved of their Firmes to be in pure Silver, and without Allay, doth not so clearly appear. Some think the former; and therefore that the old expression of Firma alba, blank Firm, and dealbare Firmam, was nothing else but Coin melted down and reduced to the Allay of Sterling, and after blanched, or whited, as is done by the Moneyers with their Sterling Coin of Silver, which is to this day called blanching. Vid. Spelman i [...] [Page] tit. Firmam dealbare. But yet it may seem, by what ensues, that it was to reduce it to fine Silver, and to the estimate of the Pound, or Libra Argenti accordingly; for it is evident by what follows, that the difference between a Pound, or Libra Argenti numero, and Libra Argenti blanch, was 12 Pence in every Pound: which possibly might be that the allowed Allay of Copper in the Sterling Silver was then twelve Pence weight of Copper in the Pound of fine Silver, whereas it is now 18 Peny-weight in the Pound. This tryal of Silver by Combustion, in those elder ages soon prevailed and obtained against the former reductions ad Scalam, & ad Pensum, as being the onely infallible tryal of the truth of the Metal, whereby the former reductions of Pensum and Scalam became in time antiquated.

And this begat the distinction in the old Rolls of the estimate of Money Numero, and the estimate Blanc: and in pursuance thereto the reservations [Page] of Rents and Firmes by the King were sometimes Numero, and sometimes Blanc.

The reservations of Rents numero were no other but so much Money reserved in Pecuniis numeratis: as reddendo quinque Libras numero was fivescore Shillings, which amounted in common estimation to five Pounds Troy weight: And this was the ancient and usual reservation, and, prima facie, unless the contrary were expressed, upon all Grants of Lands (reserving so much Rent) it was intended numero; that is, so much in Money numbred, and the Firmor was not bound dealbare Firmam, or to make good so much in fine Silver, or, if you will, in such silver as was of the first Allay.

The reservation of so much Money, or so many Pounds blanc did enforce the Firmor to make good to the King so much in fine Silver, (or at least in the purest Sterling) and therefore such Firmor, when he paid in his Firme upon such a reservation [Page] blanc, was bound dealbare Firmam, which was to submit his Money to the test of the fire; and to answer his Money, and make it good in fine Silver according to the reservation, or to pay in allowance thereof that rate which was the ordinary measure of reduction of it to fine Silver, which was 12 d. for every Pound as shall be shewed.

And hereupon grew the common difference which is everywhere mentioned in the Pipe-rolls of Firmes numero, and Firmes blanc or alb. Firme.

This difference of these Firmes is expounded by the Black Book of the Exchequer, Lib. 2. Cap. Quid sit quosdam fundos dari blanc, quosdam numero, viz. that if a Firme or Tenement were let by the King generally, without expressing blanc or numero, it was to be answered onely numero, unless specially reserved blanc, (viz. 5s. blanc.) But if a Royalty or Franchise were onely granted, then the general reservation of so much Rent, was to be blanc [Page] Rent. Porro, Firmam numero dari diximus cum tantum numerando, non examinando ipso satisfit. Cum ergo Rex Firmam alicui contulerit, simul cum Hundredo vel placito quoe ex hoc proveniunt, Firma dealbari dicitur: sin simpliciter fundum dederit (non determinans cum Hundredo vel blanc.) numero datus dicitur. And from this diversity of the Rents arising in any County (some blanc onely, some numero onely, some in both) arose the diversity in the titling of the Sheriffs Accompts, viz.

Firma de remanente Comitatus post terras datas blanc: which was applicable to those Rents of his County, which were answered in fine Silver reduced to the test by combustion, or with an allowance of 12d. in the Pound in compensation of it.

Firma Comitatus numero, was his Firme for those Rents of his County which were onely answered in Money numbred, without reducing them to their fineness by Combustion, or any satisfaction for [Page] it: But of this more fully in the ensuing Chapter.

I have before mentioned that when any Firme was reserved or answered blanc, the Money was to be melted and answered in fine Silver, or at least to Silver allayed to right and finest Sterling; or else he was to redeem himself from that trouble by payment of 12d. in the Pound: So that that Person upon whom there was reserved 5l. blanc was to pay 5l. 5s. if he would not have his Money melted down and made good in fine Silver (or at least in true Sterling.) And this appears to be true by infinite Records: Take two or three for instance.

In compoto cum Northampton, 21 H. 3. Summa totalis 102l. 3s. 7d. de qua 4l. 9s. 4d. blanc, quoe sunt extensoe ad 4l. 13s. 9d. subtrahuntur ad perficiendum corpus Comitatus & remanet 97l. 13s. 10d. de quibus respondet de proficuo in magno Rotulo.

Claus. 13. H. 3. m. 2. Sciatis quod perdonavimus dilectoe Sorori nostroe A. Comitissoe Pembroc centum triginta [Page] & quinque Libras blanc, quoe extensoe sunt ad▪ centum quadraginta & unum Libras, & quindecim Solidos.

In Compoto Bedf. & Bucks, 13 E. 3 Nic. Passelew de 18l. 4s. 4d. numero pro 17l. 7s. blanc.

In all these the proportion riseth very near, bating the small fragments in Pence, that every Pound blanc answered one Shilling over, to reduce it to its value.

And hence it is that at this day the ancient Firmors of Cities, as London, &c. which were commonly reserved blanc, do pay the same in Sterling Money, and one Shilling for every pound over: As if 100l. blanc be reserved, there is answered at this day in the Receipt 105l. which, as before, makes me suppose that blanc Firme, or dealbata Firma, was in truth when it was reduced to fine Silver, and not barely Sterling: for this advance of 12d. in the Pound upon such blanc Firmes is still answered though paid in Sterling.

CHAP. IV. Concerning the manner of answering the King's Firmes anciently.

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IN ancient times, viz. about the time of William the first and Henry the second, the reservation of the King's Firmes and Rents were so many Pounds or Shillings, &c. in Money, and they were answered numero, or in Pecuniis numeratis, untill afterward for the avoiding of corrupt Money, they were reserved in blanc or white Money, which, as before is observed, was intended either of pure Silver, (or at least Silver reduced to the Allay of Sterling) and then whitened or blanched, as is used in the Mint to this day, for all Sterling Money: I shall not much contend whether it were the one or the other, but for the most part in this Discourse I shall suppose it fine Silver.

[Page] But although Firmes were reserved in Money, as the best and commonest measures of values, yet it appears by Tilburiensis, Lib. 1. Cap. A quibus & ad quid instituta fuit Argenti examinatio; that it was in those ancient times of King W. 2. and H.1. usually practised that those Firmes should, according to their values be answered in Cattle, Corn and other provisions; which perchance in its first institution might be a convenience to the King, to have his Family furnished with provisions in specie, and to the Country, among whom Money was not then very plentifull, and they could better answer their Rents in Provisions.

And to the end that an equation might be made between the Rents reserved in Money and the Provision delivered by the Tenants in lieu thereof, the same Tilburiensis tells us, there were certain prices and rates set upon provisions, that the Tenant might know what to pay, and the King's Officers might know what to receive. As for Wheat for [Page] 100 men 12d. for a fat Ox 12d. &c. which it seems were dilivered to the hands of the Sheriff who, if he firmed the County, might retain it to his own use; but if he firmed it not he accompted to the King, for these Provisions or their values, as he did for other rates of the County collected by him.

But as for Cities and Franchises that were granted out to Firme, because they had not Provisions of this nature to answer, they paid their Rents in Money.

Thus, it seems, the King's Firmes of Rents of his Firmors and Tenants in the Country were answered in the time of King William the first and William his son. But in the time of H. 1. the Tenants were weary of answering their Rents in provisions, and the King's foreign occasions called rather for a supply of Money, and so the Rents were answered by the Tenants as formerly in Money according to the tenour of their reservations, and the delivery of Victual and other Provisions in lieu thereof ceased.

CHAP. V. Concerning the manner of collecting the King's Revenues of the County, and the several kinds of them with their several Titles.

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THE Sheriff of the County had a double Office: 1. As a Minister of Justice under the King for the preservation of Peace, and Writs issuing from the King's Courts▪ 2. As the King's Bayliff of his Revenues arising in the County, which was of two kinds.

1. The improving and letting, and sometimes stocking of the King's Demesnes, and such Lands as were seized into the King's hands (other than such as belonged to the Escheator, as Wardships and Escheats.) And hence it is that there are upon the accompts, especially of Buckingham [Page] and Bedford, allowances made to the Sheriff of that County ut.....Comitatus.

2. The second part of his Office was in collecting of the King's Rents of his County, which sometimes he did as Custos or Bayly; sometimes ut Firmarius, viz. he took the Rents to his own use, and answered the King a certain Firme or Rent at his own peril, whereof more in the ensuing Discourse. Now concerning the kinds of the King's Revenues arising in the several Counties, we are to take notice that they were of two kinds, viz. Annual or Casual.

The Annual Revenue was again of two kinds, viz. Fixed and Certain, or Casual and Uncertain.

The Annual, Fixed and Certain Revenue of the Counties were of these kinds.

1. The King's Demesnes that were in his own hands, or let at Rack rents to Tenants, whereof I have before spoken, and they make [Page] not much for that purpose I aim at.

2. Firmes, which were of two kinds, viz. Gross Firmes which were charged upon particular persons, or Cities, or Towns, and so charged in the great Roll; as thus, Philippus d'Aura debet 2 Marc. de reditu unius virgate terre. And these were thus charged upon these two reasons: 1. Either because they were never parcel of the Sheriffs Firme of this County, (de quo infra,) but great Firmes written out to the Sheriff to be answered by the persons upon whom they were charged. 2. Or else they were such as happened to be reserved after the Firme of the County was reduced to certainty and answered by the Sheriffs. Or else, Secondly, they were small rents commonly called Vicontiel Rents; the Particulars whereof we shall enumerate under their several heads in due time.

3. Common Fines, at first imposed upon Townships, upon several occasions, as for Bon pleder, for Suit and Ward, for excuse of attending [Page] the Sheriffs turn: and these grew in process of time to be fixed and setled Revenues. And these again were of two Sorts; such as came within the Title of Firma Comitatus, and were written out under that general head, viz. sub nomine Vicecomitis: And some again were written to the Sheriff in the particular charge of such and such Townships and Lands, and so charged upon the Towns by the express words of the process.

4. Arrentations of Assarts and Purprestures in Wasts and Forests set by Justices in Eyre, which for the most part were written out in charge against the particular Lands upon which they were charged: and some perchance were demanded in a gross Summ, among other small Rents sub nomine Vicecomitis.

5. Crementum Comitatus, or Firma de cremento Comitatus; which were some improvements of the King's Rents above the ancient Vicontiel Rents, for which the Sheriff answered under the title of Firma [Page] Comitatus. And this Crementum Comitatus or the several small advances of the old Vicontiel Rents, were answered under the title of Crementum Comitatus, or Firma de cremento Comitatus. But those kinds of Firmes de cremento are onely found in the Counties of Bedford, Bucks, Norfolk, Suffolk, Warwick, Leicester, Wigorn and Gloucester: Certain other Summs annually charged in gross upon the Sheriff for certain other small or minute Rents under several titles in several Counties; as, De Cornagio, de Wardis, Castle de Firma, Purprest & Escaet de diversis Firmis, de minutis particulis, Serjancia de tr̄is assert infra divers forest: all which were charged in gross Summs upon the Sheriff, and sub nomine Vic. without expressing any particulars, or upon whom they were charged, which because they were not common to all Countries, but varied according to the various usage of several Counties, I shall not at large handle, but shall content my self with the enquiry [Page] into those that were the common charges of the Sheriffs of every several County, viz. the Corpus Comitatus, and the Proficua Comitatus.

The Vicontiel Rents that made up the Sheriffs Firme of the Body of the County, came under various Titles and Denominations in several Counties, viz.

1. Reditus Assize in Cumberland, Hertford, Surry.

2. Firme & feodi Firme in Cumberland, Northumberland, Nottingham, Stafford.

3. Firma antiqua in Huntington.

4. Albe Firme in Norf. & Suff.

5. Blanch Firmes in Ebor’, & Suff.

6. Blanc Rents in Kent.

7. Albus Cervus in Dorset.

8. Auxilium Vicecom’ in Cant’, Cumbr’, Essex, Hunt’, Leic’, North’, Sussex, Warw’, Wilts.

9. Auxilium ad Turcum Vicecom’ in Devon.

10. Hidage in Berks, Bedf. Bucks, Oxon.

[Page] 11. Prestatio pro pulchre placitando in Bedf’, Bucks.

12. Secta & Warda in Bedf’, Bucks.

13. Visus Franci plegii in Bedf’, Bucks, Cant’, Hunt’, Essex, Hertford, North'ton, Somerset, South'ton, Stafford.

14. Certitudines in Berks, Heres’, Rutland.

15. Certi reditus in Lincóln, Leicester, Somerset, South’ton, Warwick & Wilts.

16. Certi reditus ad communem finem in Derby, Nottingham.

17. Reditus pro Warda Castri in Cant’, Northum’, Oxon, Nor [...] ▪, & Suff’.

18. Reditus ad Turnum Hundredi in Dorset.

19. Finis antiq [...]us in Essex.

20. Finis pro secta Curie relaxand’ in Berks & Oxon.

21. Communes fines in Glouc’, Heref’, Hert [...], [...]urry, Suffolc, Salop.

22. Fi [...]es Aldermanno [...]um in Sussex.

[Page] 23. Turnum Vicecom’ in Essex & Hert [...].

24. Secta Burg. & Vill. in Cant’.

25. Suit Silver in Staf [...].

26. Hundred Silver in Nor [...].

27. Faith Silver in Staf [...].

28. Pannel Silver in Nor [...].

29. Ward Silver in Essex.

30. Certum lete cum Capitag’ in Nor [...].

31. Leet fee in Suff’.

32. Soken fees in Suff’.

33. Mott fee in Salop▪

These are the general Titles of those Vicontiel Rents that usually came under the Title of Firma Comitatus, which were written generally sub Nomine Vicecom', without expressions of the parti [...]ulars: But the Sheriff that had a particular Roll of these Vicontiel Rents, delivered in that Roll many times upon his Accompts, though not written especially [...]n charge under those names, or in par [...]icular by the Summons of the Pipe: And thus much concerning the certain Annual Revenue▪

[Page] 2. The uncertain Annual Revenue was the Proficuum Comitatus, which in ancient times when most of the Law-suits were transacted in the Counties and Hundred-Court, was a considerable Revenue. But since that time, viz. about the beginning of E. 1. when much of that business was transacted at the great Courts, this profit of the County sunk to very little. And in my enquiry touching this part of the Revenue, I shall First set down what it was not: Secondly, I shall set down what it was, and how it did arise.

1. Touching the former of these what it was not; I say, most clearly it w [...] not that profit which is now th [...] onely considerable profit of the Sheriffs employments, viz. the Fees and Perquisites for the execution of Writs, and Process and Execution issuing out of the King's Courts. For,

1. Untill the Stat. of 23 H. 6. c. 10. there were no Fees at all by Law due for any execution of Process or [Page] Warrants for the same. Till the Sta [...]. of 29 El. 2. there were no Fees allowed by Law for levying of Debts or Damages: But by the express provision of the Sta [...]. of Westminster the first, the Sheriff was bound to execute the King's Process without any Fee, which is no other▪ but a declaration of the Common Law.

2. In no Viscontil Schedule or Accompt of the County that ever I could see or hear of, is there any Accompt for Fees for execution of Process, or any mention thereof.

3. If the Sheriff did in those elder times take any Fees for execution of Writs, there was no colour of reason that he should [...] for that: and if he did take more than a reasonable recompence for his pains, it was more than could be justified, and not at all due to the King.

II. But now, as to the Second enquiry, what this Proficuum Comitatus was: And it seems very plain that it was made up principally by [Page] these particulars, as most evidently appears by divers accompts of Sheriffs in ancient times, when they accompted ut Custodes or Ballivi, not ut Firmarii, viz.

1. The Fines, Issues and Amercements, and other Profits of the County-Courts, which in those ancient times were very considerable, for it held Plea in all Writs that were Vicontiel, directed immediately to the Sheriff out of the Chancery, viz. by Justices; and many times not onely personal Suits were removed thither out of inferiour Court-Barons and Hundred-Courts, but also Pleas Real, viz. Writs of Right; and in ancient time many real Actions, especially Writs of Right were determined in the County. And therefore it is frequent in the old Schedules of Proficua Comitatus, especially in [...]orkshire in the times of R. 1. and King John, such as these, viz. De J. S. pro licentia concordandi demimark. De J. S. pro Warrantia Essonii 2s. and sometimes a Mark ▪pro mi'a Comitatus, sometimes [Page] 10s. quia retraxit se, Demimark. De pretio bonorum per distringas demimark. Pro transgressione 2s. Pro falso clamore demimark, &c.

So that it appears in the accompt of 20 Johannis Regis, the profits of the bare County-Court of York for one half year amounted to 31 li. which is more than 100l. in a just estimate at this day.

2. The Profits of the Sheriffs Turns, or the Sheriffs Leets, which had Conusance of matter Criminal, as his County-Court was for matters Civil▪ and the Profit consisted,

1. In Amercements of Sutors that made default.

2. In the Fines and Amercements of such as were convict of offences inquirable in the turn; as Nusances, Bloudshed, Assize of Bread and Beer, &c. and these arose usually to a considerable Summ yearly.

3. The Profits of the Hundred-Courts and Wappentake-Courts; the Profits whereof consisted in the Fines, Amercements and other [Page] Perquisites of the Hundred-Court, which the Sheriff sometimes took in kind; sometimes he let it to Firme. These Baylywicks of these Hundreds, and with them the Profits and Perquisites of Courts were sometimes let to Firme by the King, and in such cases the Sheriff accompted Proficua Ballivatus, which often-times arose to very considerable Summs. In the time of H. 3. the Firmes of the Baylywicks of the Hundreds in Torkshire, beside Stancliff and Strafford, were let for 100l. 6s. 8d. per annum, which was then a considerable Summ, and amounts now in Sterling Money to thrice as much. But as the business and jurisdiction of the Hundred-Courts sunk gradually in their employment, (whereby the Perquisites now do but little surmount the charge of keeping them) so now by the Stat. of 23 H. 6. cap. 10. the Sheriff is restrained from letting the Baylywick to Firme; and most of the Hundreds, at least in many Counties, are disjoined from the County [Page] and granted out, some in Fee-farm, and some otherwise, though there have been frequent attempts of rejoining them to the Sheriffs by acts of Resumption.

And these are the Profits that made up the Proficuum Comitatus, for which the Sheriff most commonly in ancient time answered as Firmarius at a certain Rent, though sometimes he accompted for it as Custos or Ballivus as [...]hall be shewn. And I know no other▪ Perquisite that made up the Prof [...]c [...]m Comitatus but what is above mentioned; onely in Northumberland there were some Castle gard-Rents that were in truth Vicontiel Rents, and in their propriety and nature belonged to the Corpus Comitatus, which yet by constant usage were usually answered among the Proficua Comitatus. And thus far concerning the annual Revenue of the County, both Certain and Uncertain, chargeable upon the Sheriffs collection.

2. The Revenue Casual consisted of many Particles under various [Page] Heads or Titles, viz. Debts drawn into the Pipe, and thence written out unto the Sheriff. Fines voluntary or compulsary. Seisures of Lands and Compositions, &c. they may be reduced under these three Heads at this day.

1. The Debts written out to the Sheriff from the several Offices, viz. the two Remembrancers, Clerk of the Pipe, &c.

2. The Summons of the Gree [...] Wax, written to the Sheriff with the Estreats from the Treasurer's Remembrancers.

3. The foreign Accompt, or Seisures of Lands for Debts or Forfeitures.

As touching escheated Lands and Wardships they came under the Escheator's charge, and the Profits thereof rarely answered by the Sheriff, unless [...]or some few ancient E [...]cheats.

CHAP. VI. Concerning the manner how the Annual Revenue of the County was usually answered in the ancient times untill 10 E. 1.

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HAving shewed what the Annual Profits of the County consisted of, I shall now descend to the manner how it was anciently answered. The Sheriff, as hath been shewn was the King's Bayly for the collecting of the King's Revenue: And touching the manner of his collecting and answering them, and therein principally concerning those two great parts of the Annual Revenue, viz. the Corpus Comitatus, or when it was in Firme, the Firma corporis Comitatus: And the Proficuum Comitatus, and when it was in Firme, the Firma de profic [...]o Comitatus; both which shall be [Page] hereafter more fully explained.

These Profits were anciently, and are to this day, answered at two Terms in the year, viz. Michaelmas and Easter.

But to enable the more effectual levying of them, there always issued to the Sheriff before Easter and Michaelmas, out of the Exchequer a Writ called the Summons of the Pipe, which had annexed to it the charge or Summs for which the Sheriff was answerable, viz. those which were charged upon himself sub nomine Vicecomitis, and those which are charged upon others. The Form of the Writ is recorded in the black Book of the Exchequer, Lib. 2. cap. Qualiter fient Summonitiones; which continue to this day, viz. Rex Vic’ Ebor’ Salutem. Vide ficut teipsum & omnia tua diligas quod sis ad Scaccarium nostrum Westm’ in Cro’ Sancti Michaelis, vel in Cro’ Clausi Paschae, & habeas ibi quicquid debes de vetere firma vel nova: Et nominatim haec debita subscripta. And then the whole charge is inserted which [Page] commonly began with these annual Revenues, viz.

De Corpore Comitatus (or if it were in Firme)

De Firma de Corpore Com. 100 bl.

De Numero Comitatus 10.

De Proficuo Comitatus (or if in Firme)

De Firma de proficuo Com. 50

And then the Summ in gross charged upon the Sheriff for divers small Rents, and then afterwards all those Firmes that were charged upon particular persons seriatim and in order.

And according to the order where in they were written out to the Sheriff, accordingly in effect were the Accompts passed, and the Entries made thereof in the great Roll of the Pipe, onely the particulars in the Writ was their charge of the Sheriff, unto which he was to give his answer upon his Accompt, and then there are entred his discharges.

[Page] And this Firme continues there to this day, with such alterations as are hereafter mentioned: and therefore the Ordinance or Statute in Libro Rubro Scaccarii, fol. 242. made in 54 H. 3. is nothing else but the stable and fixed method for writing the great Roll, observed both before and since that day.

Primò, Scribatur Corpus Comitatus, deinde Eleemosyne constitute, & Liberationes & Bria’ prisci Vicecom’ ficut semper fuit consuetum. Deinde oneretur Vic’ de Firmis pro proficuo Comitatus vel de proficuis: Deinde scribantur omnes Firme tam majores quam minores, &c.

And although the certain Debet of the Sheriff could not be known before the finishing of his Accompt, because it could not be known what he levied, and what not; and what he had paid, and what not; (which Accompt was not untill the end of his year) yet it seems there was anciently an estimate what this constant charge of the annual Revenue amounted unto, and what the constant [Page] allowances amounted unto, according to a medi [...]m, or possibly according to those Firmes and gross Summs which were charged immediately upon the Sheriff Sub nomine Vicecomitis; and these Summs were paid into the Exchequer at the return of the Writ of Summons of the Pipe, and they were, and are to this day called Profre Vicecom', or the Sheriffs Profsers. And by the Statute of 51 H. 3. called Statutum de Scaccario, those profsers are appointed to be paid on the morrow of St. Michael, and the morrow post Clausum▪ Paschae; and the payment of these profsers are continued to this day: But although they are paid, yet if upon the conclusion of the Sheriffs Accompt, and after the allowances and discharges had by him, it appears that he be in surplusage, or that he is charged with more than indeed he could receive, he hath sometimes, and for the most part, all his profsers paid or allowed to him again: and so indeed it is but a mock▪payment, a payment [Page] kept on foot to maintain the old method of his Accompt, but is in effect but so much Money lent, for he hath it (and justly enough) allowed to him back again: the reason and justice whereof shall be shewn hereafter. And now to return again from whence we digressed, I shall now search out the meaning of these Firmes, Corpus Comitatus bl. and Numerus Comitatus, and Firma de Corpore Comitatus, and Proficua Comitatus, and Firma de proficuo Comitatus, I mean as they relate to the Sheriffs Accompt for what the things were is sufficiently discovered before.

Therefore as to the Corpus Comitatus, I have already shewn in the precedent Chapter, what it consisted of, viz. the Vicontiel Rents of the County; and they consisted of two sorts of payment, viz. those that were answered in blanch Money, and those▪ that were answered in Money numbred. And this ordinarily made two titles of the Corpus [Page] Comitatus in most Counties, vi [...]. where there were Firmes of these dif [...]ering natures, and they are then thus noted, viz.

De Corpore Comitatus. 100l. bl.

De Numero Comitatus 50

And they were written out thus generally, without expressing the several Vicontiel Rents, but onely the gross Summs what they amounted to blanc, and what they amounted to numero, or de numero Comitatus. And the Sheriff upon his Accompt was used to bring in a Vicontiel Roll, containing these particular Vicontiel Rents, what they were and what he had levied.

By this it appears that in the first consti [...]tion of this Vi [...]ontiel Accompt the Sheriff accompted for these Rents as Bayly or Custos, and answered what he levied though they were written out, and stood upon the great Roll all in a lump, and when the Sheriff accompted thus, he accompted as Custos or Bayly. [Page] But in process of time (but that time very ancient) the Sheriff for the time being took the Corpus Comitatus or Vicontiel Rents to Firme, which Firme for the most part amounted to very nea [...] the entire quantity of the Vicontiel Rents. And this Firme in many Counties was very ancient, for we find them mentioned in the Pipe rolls of the time of King J [...]hn and [...]. 1.

And by this means the Sheriff was to answer at his peril his Firme, for it became his own debt, and he was to gather up the Vicontiel Rents to his own use to make himself a Saver.

She Sheriffs Commission hereupon was with the reservation of the Firme, and although we have not memorials of [...]ll those reservations, yet of some we have.

Int [...]r Communia of 19 E. 1. Bedf. Bucks, Rex 16. Jan. Anno 19. Commisit Will. Turvil Com’ Bedf. & Bucks cum pertinent’ c [...]stodient quamdiu Regi placuerit redde [...]do inde per annum quantum Johannes Palam [Page] [...]uper Vicecomes eorund [...]m reddere consuevit.

And by little and little this grew into a usage, the succeeding Sheriff answering the Firme of the County, and of the Profits of the County as his predecessor had done▪ whereby the Firma Comitatus and the Firma de proficuis Comitatus became as setled Firmes charged upon the Sheriff though there w [...]e no express reservation of it upon his patent or Commission of Sheriff.

And because these Firmes were in their first reservation proportioned to the value and nature of those Rents, which now the Sheriff had, as before the King had them, in specie; hence the Sheriffs Firme of the County or Body of the County as it was proportionable to the same, answered for the Vicontiel Rents; so it was proportioned to their nature, viz. because some of the Vicontiel Rents were in blanc Money, the Sheriffs Firme corresponding to that was answered in blanc Money: and some of those rents being answered [Page] numero, the Sheriffs Firme corresponding thereto was answered numero.

And by this Accompt the charge both upon the Summons of the Pipe and upon the great Roll was altered viz. whereas the former Style of the charge was De corpore Comitatus blanc & numero, now it was changed, viz.

De Firma de corpore Com’ 100l. bl.

De numero Comitatus 40

Ad thus the manner of the charge stood for the times of H. 3. and E. 1. and for some time before, a [...] least in some Counties: and so it continues to this day with such alterations as shall be shewn.

And as the Corpus Comitatus thus by usage grew a Firme, or Rent charged upon the Sheriff, so also did the Crementum Comitatus, in those Counties where such Crementa was answered, viz.

[Page]De Firma Comitatus 100l.

De numero Comitatus 40

De Cremento Comitatus 10

All being governed by the word Firma▪ For, as I have said, a long letting of these Vicontiels to Firme, had brought them to be a setled charge, charged upon, and answered by the Sherif [...]; and he gathered up the Vicontiels to his own use, to make himself a Saver, and to make good his Firme. And thus much concerning the answering and altering of the charges of the Vicontiels, or the Corpus Comitatus both before and after it was in Firme.

2. As concerning the Proficuum Comitatus, the proceeding was much the same as that concerning the Corpus Comitatus.

In the ancienter times, when the Proficua Comitatus was at all answered by the Sheriff, it was answered by him, as Custos or Bayly upon [Page] Accompt: Though in some ancient Pipe-rolls, for some Counties we find no distinct mention of it; as in the Pip [...]-roll of 19. R. 1. Glouc. Herbertus reddit compotum de 372l. 14s. 6d. bl. de Firma Comitatus. The like, ibid. 13 Johannis. But very frequently afterwards the Sheriffs, when they had the Corpus Comitatus, or the Certain Annual Revenues under a Firme, yet answered the Proficua Comitatus as Custos or Bayly: for instance, Pipe-roll 9 R. 1. Bedf. & Bucks, Simon de Bello campo reddit compotum de 369l. 19s. 11d. bl. Et de 79l. 8s. 1d. numero, de Firma Comita’, without mentioning the Proficua Comitatus.

But in the Pipe-roll 25 H. 3. Bedf. & Bucks, Paulinus Pejor, ut Firmarius reddit compotum de 369l. 19s. 11d. bl. & de 108l. numero de Firma Comitatuum.

Idem Vicecomes reddit compotum de 100 marc’ pro proficuo Comitat.

And Anno 44 H. 3. Alexander Hampden, ut Firmarius reddit compotum de 369l. 19s. 11d. bl. & de [Page] 108l. numero, de Firma Comitatuum.

Idem A. reddit compotum de 220 marc’ pro proficuo Comitat’ [...]icut conti [...]etur in originali.

And in 51 H. 3. Galfridus Rus ut Firmarius de anno 50 reddit compotum de 369l. 19s. 11d. bl. & de 108l numero de Firma Comitat’.

Idem Galfridus reddit compotum de 180 marc’ pro proficuo Comitatus de anno 50. [...]icut continetur in quodam Rotulo attachiato originali ejusdem anni.

And in the year following, Edvardus filius Regis primogenitus, Bartho [...] ▪ de Ire [...]e Subvicecomes ejus reddit pro [...]o per breve Regis, compotum de 369l. 19s. 11d. bl▪ & 108l. numero de Firma Comitatus hoc anno.

Idem E▪ Vic’ non reddit de aliquo proficuo Comitat’ quia Rex ei commi [...]it dictos Comitatus respond’ inde per annum de antiqua Firma corporis, [...]icut co [...]tinetur in originali anni precede [...]t [...]s.

And so in the great Roll of 50 H. 3. Glouc. Reginaldus de Ale de 372l. 14s. 6d. de Firma Com’.

[Page] Idem Vicecomes reddit compotum de 80 marc’ pro proficuo Com’ & exit’ ville & nundinorum & Hundredi de Wencham sicut continetur in quodam Rotulo, &c. and so it continued in the time of E. 1.

By which it is evident, 1. That sometime there was nothing at all answered pro proficuis, but it was cast into the Firme of the County. 2. That although the body of the County, consisting of a certain yearly Revenue was in Firme, yet often-times the Proficua Comitatus were not in Firme, but the Sheriff accompted for them ut Custos, sometime higher, sometime lower, as the profits arose.

But in process of tim [...] the Proficua Comitatus, at least in some Counties, fell under a Firme, though in some Counties sooner, in some later; and having once begun to be in Firme, the succeeding Sheriff took it as his predecessour left it; and so it became in time a setled Firme, though not expressly reserved upon the Patent of every Sheriff.

[Page] And yet in such cases it was become a setled Firme, by usage and custome; yet when the Sheriff found that his Firme was too great for these profits (which were casual, sometimes more, sometimes less) he was in those elder times admitted to accompt ut Custos, without being bound to answer his entire Firme, unless he saw fit. But that was rarely in use after the time of H. 4. and accordingly it seems to be intimated in that ordinance of 54 H. 3. above mentioned, for writing the great Roll of the Pipe, viz. de Firmis pro Proficuis, vel de Proficuis. And this shall suffice for the unriddling of the Sheriffs Accompts till the 10 and 11 Ed. 1.

CHAP. VII. The Second Period of the Sheriffs Accompts, viz. How they stood from 10 E. 1. untill 34 H. 8.

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WE have in the former Chapter seen how the Statute of the Sheriffs Accompts stood in relation to the annual Revenue of the County, whether Certain or Uncertain, and both stand now reduced under a Firme, viz.

1. The Corpus Comitatus answered under a Firme; partly blanc, and partly numero.

2. The Proficua Comitatus gradually also reduced into a Firme intirely numero; but with a liberty for the Sheriff to ease himself of the excess of his Firme above the profits, by submitting to an accompt of these profits as Bayly or Custos.

[Page] It fell out in process of time that the Kings of England granted away many of those Vicontiel Rents, and the Lands upon which some of them were charged, whereby the Sheriff lost much of what was to make up the Firme of his County. And although the Sheriffs, upon shewing thereof upon their Accompts, had an allowance of that which was so granted away, yet it made a trouble and disorder in the Sheriffs Accompts.

And therefore it was necessary to have some provision for the same, but this onely concerned that part of his Firme which was of the Corpus Comitatus, or the Firme of the Certain Annual Revenue. Therefore by the Stat. of R [...]tland 10 E. 1. this provision is setled.

Quod non scribatur de cetero corpora Comitatum in Rotulis singulis, quin scribantur in quodam Rotulo annuali per se, & legantur fingulis annis super compotum Vicecomitis fingula, viz. in [...]ingulis Comitatibus▪ ut sciatur si quid nobis possit accidere [Page] in quocunque Comitatu. Reman [...]nt vero eorundem Comitatuum post terr [...]s datas scribatur in Rotulis annualibus & onerent [...]r inde Vicec [...]mites. In quibus quidem remanentib [...]s all [...]entur liberationes▪ eleemosyne, &c. Scribantur etiam in eisdem Ro [...]ulis annualibus Firme Vicecomitum, proficui Comitatus, firme Serjantiar’ & Assartor’, Firme Civitatum, Burgorum & Villarum, & alie Firme de quibus est respo [...]sum annuatim ad Scaccarium predictum. Scriba [...]tur i [...] eisdem omnia debita terminata & omnia grossa debita de quibus spes est quod aliquod inde reddi possit. Item om [...]ia debita quae videntur esse clara, tit [...]lum de novis obtatis. Nihil scribatur in Rotulo Annuali ni [...]i ea de quib [...]s est spes, &c. De Firmis vero mortuis & debitis de quibus non est spes, fiat u [...]s Rotulus, & irrotulentur & legantur singulis annis super Compot’ Vicecom’ & debita de quibus Vicecomes respondeba [...] scribantur in Rotulo annuali & ib [...] acquietent [...]r.

[Page] And by this Act these alterations were made.

I. the state of the yearly Rents which heretofore made up the Corpus Comitatus was▪ examined, and it was considered what parts thereof had been granted out by the King, to the end that the Sheriffs Fi [...]me of the body of the County might be abated with respect to those grants; which reduction of the Firme is stiled Remane [...]tia Firme post terras datas.

II. The old stile of Corpus Comitatus was now put out of the charge, and whereas formerly the Sheriffs charge was De Firma de corpore C [...] mitatus, now it was changed, and the charge was De remanente Firme post terras datas: And accordingly it was forthwith altered in the great Roll, onely when those remaining Rents that were to make good this Remanentia Firme, did consist of Rents blanc, or of Rents numero onely, it was accordingly [Page] written, viz. in this manner.

De remanente Firme de Com’ 100l. bl.

De numero Comitatus 50

III. There was to be extracted out of the great Roll the old Rents that made up the Corpus Comitatus and the title thereof, and those Firmes that were Firme mortue or obsolete, illeviable Firmes, and those debts that were desperate, and the great Roll of the Pipe (which was written every year) was to be disburthened of them, and they were to be transcribed into another Roll called an Exannual Roll.

This Exannual Roll to be yearly read to the Sherif [...] upon his Accompt, to see what might be gotten: and if any thing appeared to be good, then the same to be recharged again upon the great Roll of the Pipe.

IV. But there was no alteration hereby made of the Firma de Proficuis: So that by this Act as in relation to the Firmes and Rents of [Page] the County these things were done. 1. Those Firmes or Rents that were wholly granted away, were wholly put out of charge, whether they were assart Rents or Firmes charged upon particular Persons or Land, or that were within the Sheriffs Firme as Vicontiel Rents. 2. If any Vicontiel Rents that made up the Sheriffs Firma de corpore Comitatus were granted out, the Sheriffs Firme was abated in respect thereof. 3. If there were any Obsolete or Dead Rents, that were either Vicontiel Rents or charged upon particular Lands or Persons which had not been a long time answered, they together with the Corpus Comitatus were removed out of the Annual Roll and transmitted into the Exannual Roll read yearly to the Sheriff, to see whether any hope of levying them: but their writing out in charge in the great Roll suspended till they might be after discovered to be leviable.

And accordingly presently after the making of this Act, the Firme [Page] of the Sheriffs charge in the Summons of the Pipe and the entry thereof upon the great Roll was changed, and this memorial is made upon the Pipe-roll for every County.

Corpus hujus Comitatus non annotatur hic, sed annotatur in quodam Rotulo in quo scribuntur omnia corpora Comitatuum Angliae in manu Regis existentia simul cum Firmis mortuis & debitis quasi desperatis quae debe [...]t singulis annis legi & recitari super Compotum Vic’ ut sciatur quid inde accidere possit Regi ex quacunque causa que sunt in Thesauro. In quibus etiam continetur quod inde Vicecomites onerentur in compotis suis predictis de remanentibus Firmarum Comitatuum post [...]erras datas. Et quod in eisdem remanentibus allocentur liberationes & Eleemosyne constitute & alie allocationes si quas Vic’ habuerint per Br'ia Regis de eorundem exitibus.

[Page] And according to this Act and Memorandum the great Roll was certified: for instance, before this Act the great Roll for Gloucester did run thus.

J. F. reddit compotum de 372l. 13.s 6d. blanc. de Firma Comitatus.

But after this alteration it runs thus.

In the great Roll 12 E. 1. Rogerus de Lockington Vicecomes reddit compotum de 38l. 14s. 11d. blanc. de remanente Firme Comitatus post terras datas.

Idem Vic’ reddit compotum de 80 marc’ de Firma pro proficuis Comitatus (which was the old Firme thereof before 10 E. 1.)

So again in the Pipe-roll 10 E. 1. which was the Accompt of the year next before the making of this Act the Roll runs thus, viz.

Bedf. Bucks, Richardus de Gollington reddit compotum de 319l. 19s. 11 [...]. bl. & de 108l. numero, de Firma Comitatus. Et reddit compotum [Page] de180 marc’ de Firma pro proficu [...] Comitatus sicut Johannes de Chedley reddere consuevit. In the Roll next after the making of this Act it runs thus.

Richardus de Gollington Vic’ reddit compotum de 17l. 7s. bl. de remanent’ Firme [...]omitatus post terras datas sicut supra continetur, & de 108l. de Firma numero.

Et Vic’ reddit compotum de 100 marc’ de Firma pro proficuis [...]icut continetur in Rot. 11: By which instances these things appear, viz.

1. That the Firma de Proficuis continued the same as before: For therein no alteration was made by the Stat. of Rutland.

2. That the Title of the Firma de corpore Comitatus was changed into the Title de remanente Firme Comitatus post terras datas.

3. That the quantity of the Firmes were reduced to smaller Summs with respect to those Firmes or Lands charged therewith formerly and since granted out.

4. That yet the Titles of Blanc [Page] and Numero continued or were omitted as the nature of the Vicontiel Rents that remained ungranted were, viz. When all the blanc Rents were granted out, the Firme de remanente was answered onely numero. Where all the Rents numero were granted the Sheriff answered his Firme wholly blanc. If part of his Rent blanc were granted and nothing of those Rents that were answered numero, he answered the remaining part of his Firme blanc, and the entire residue nume [...]. For the Sherif [...]s Firme of the County before, and de remanente now, did answer to the quantity, and also to the nature or quality of those Vicontiel Rents that he was to receive to make good his Firme.

But abating that one alteration from Firma corporis Comitatus to de remanente Firme, and the abridging of the Firme as before, and the discharging both of the Summons of the Pipe and the great Roll of those charges that were transcribed into the Exannual Roll, [Page] the rest, both of the charge and great Roll continued as before.

But notwithstanding this provision gave some ease to the Sheriffs in relation to those Firmes, yet the charging of them with these Firmes became a matter of continual complaint, for that they were still charged with these Firmes, yet many of the Rents and benefits that should make good their Firmes were sold or became illeviable after Rot. Parl. 25 E. 3. n. 39. Item pry les Commons que touts Vicounts que sont charge de certain Firmes pur les Counties ou▪ ils sont Vicounts soient discharge de ce [...] post resceit de lour Baily per cause de Franchises grant Ronne breve soit mand al Treasurer & Barons deschequer quils faient due allowances al chescun Vicount [...]ur le render de lour Accompts en chescun case la ou ils voilent quil soit reasonable.

And in the same Parliament in 47, the Sheriffs of Bedf. and Bucks pray to be discharged of the Firmes of the Baylywick of their Hundreds, because those Baylywicks [Page] yielded no profit: they are remitted to the Exchequer, Rot. Parl. 45 E. 3. n. 45. The Sheriffs of Essex and Hertford, pray an ease in respect of illeviable Firmes charged upon them, and Hundreds and Rents granted from them: answered, Le Roy lour ad fait grace.

By the Statute of 1 H. 4. cap. 11. upon the complaint that the Sheriffs are charged with the ancient Firmes of their County, notwithstanding that great part of the profits of the same be granted to Lords and others: It is enacted that the Sheriffs shall accompt in the Exchequer and have an allowance by their Oaths of the issues of their Counties.

Rot. Parl. 11 H. 4. n. 46. & sequent’. The Sheriffs of several Counties complain that they are charged with several ancient Firmes which they are not able to levy, viz. Essex and Hertf. with the Firme of the County, and the Firme of the profits of the County: York with the Firme of the County▪ post terras [Page] datas. Devonshire with the remanent’ Firme C [...]mitatus post terras datas, the Firma de Proficuis Comitatus, and a certain Firme of 100 marks called blanch Firme. Norfolk and Suffolk with a Firme called de remanent’ Firme post terras datas, and Firma de Proficuo Comitatus, whereof they complain that they cannot levy any thing, and besides the Hundred and Liberties granted out to the diminution of their profit; and pray remedy according to the Stat. of 1 H. 4.

They are referred to the King's Council to make such pardon and mitigation as they shall think reasonable.

Rot. Parl. 1 H. 5. n. 34, 35. The like complaints are made in the behalf of the Sheriffs, and prayed that they may have allowances out of their Firmes upon their oaths according to the Statute of 1 H. 4. But they have the like answer as before, viz. a reference to the Council.

But Rot. Parl. 4 H. 5. n. 24. and 4 H. 5. cap. 2. The like petition is [Page] received, viz. that by their oaths they may have an allowance of what the cannot levy out of those great Firmes that are charged sub nomine Vic,’ viz. Firmes▪of their Counties, blanc Firmes de novo incremento, &c. But instead of redress they lost that benefit which the Statute of 1. H. 4. had before afforded them. And it is directly enacted that the Sheriffs shall have allowances by their oath of things casual, which lye not in Firme or annual demand: But of those things which lye in Firme annual, or demand annual, they be charged as Sheriffs in aforetime had been charged. And thus stood the business of the Sheriffs Firmes untill the Statute of 34 H. 8. which is the next Period.

CHAP. VIII. Touching the State of the Sheriffs Firmes from the Statute of 34 H. 8. till the fourteenth year of the Reign of King Charles 1. which is the Second Period.

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WE have seen in the former Chapter how the case stood with the Sheriffs Firme after the Statute of Rutland, and how the Statute of 4 H. 5. cap. 2. bound the Firmes charged upon the Sheriffs, closer upon them than for some years before: and so they continued till the making of the Statute of 34 H. 8. cap. 16.

This Statute recites those several Firmes charged to the Sheriff sub nomine Vicecomitis, viz. de remanent’ Firme post terras datas: Firma de Proficuo Comitatus, and those other minute Firmes demanded [Page] sub nomine Vicecomitis. And many of these particular small Rents that made up these Firmes charged upon the Sheriffs are lost or not leviable, or extinguished by Attainders and Dissolutions of Monasteries, and yet the Sheriffs continue charged with their Firmes as formerly. It enacts▪

1. That all Sheriffs that have no Tallies of Record shall upon their days of prefixion deliver in Rolls or Schedules of Parchment containing th [...] particular Summs of Money which he hath or might have levied as parcel of the said ancient Firmes, naming the Person and Lands of which they are to be levied.

2. That after such Schedules delivered the Court shall have power to allow and make deductions in the said Sheriffs Firmes of all such Summs of Moneys as the Firmes shall be more than the Summs in such Schedules shall amount unto.

3. And the Court shall proceed to the recovery of such Summs belonging [Page] to the said Firmes as are omitted in such Schedules.

4. That the Sheriff have allowance and discharge of all such illeviable Summs as are written to him in process.

5. That the Sheriff have allowance for entertainment of Justices, &c.

But this was but a temporary Act, and discontinued at the next Parliament. But a farther Act was after made for the ease of the Sheriff, especially in relation to those Firmes, viz. 2 and 3 E. 6▪ cap. 4. By this it is enacted,

1. That the Sheriff shall have such allowances and Tallies of reward as they had before the Act of 34 H. 8. or may accompt according to the Act at their election.

2. That they that accompt and take no Tally of Record shall be treated in the Exchequer as though the Act of 34 H. 8. were in force.

3. That those that have no Tallies of reward shall have allowance of the Diet of the Justices, &c.

[Page] 4. That all such Sheriffs as take no tallies of reward shall be discharged of all Firmes, Goods, Chattels, Profits, Casualties, &c. as they cannot levy or come by.

5. That all that have Tallies of Reward shall be discharged of all Firmes and Summs of Money that they cannot levy, except▪ Vicontiels with which they are to remain chargeable as before the making of the former Act.

6. That Sheriffs shall have allowances of such Vicontiels as are extinguished by unity of possession in the Crown by dissolution of Monasteries.

7. That the Sheriff at his day of prefixion when he is sworn to his accompt, shall be sworn to deliver into the Court of Exchequer, Rolls or Schedules of Parchment containing all the particular Summs of Money which he hath levied or might levy of his Vicontiels or other Firmes, mentioning the Persons and Lands of which they are leviable, and the Court to take care for the [Page] levying of such of the Vicontiels, or Firmes, which are omitted out of the Schedules, for saving the King's rights, and to make out process for the same.

Upon these Acts these things are observable.

I. That those Sheriffs that have Tallies of reward may not discharge themselves of their Vicontiels, viz. the Remanent’ Firme post terras datas, and Cr̄o Comitatus, and other small Rents charged sub nomine Vicecomitis (if he take his Tally of reward) by oath that he cannot levy it, or all of it.

II. But if such a Sheriff will wave his Tally of reward, he may accompt according to the Statute of 34 H. 8. and so discharge himself of his Vicontiels or Firmes thereof as well as other Firmes. And the truth is, I think, anciently there were some. Sheriffs that had Tallies [Page] of reward, viz. York, Northampton, Cumb'land, Hereford, &c.

But since the making of this Act they have waved them, accounting it more beneficial to take the benefit of those Statutes upon their accompt, than to take their Tallies of reward. So that now all Sheriffs have an equal benefit of the Statutes of 34 H. 8. and 2 and 3 E. 6.

III. But those Sheriffs that had no Tallies of reward might discharge themselves of their Vicontiels and Firmes de remanente Comitatus, as well as other things that they could not levy.

IV. That all Sheriffs, as well those that had or had not Tallies of reward might discharge themselves of the casual charges, or their annual uncertain charges; and consequently might, and most ordinarily after this Statute did discharge themselves of the entire Firme de proficuis Comitatus, in case the profits of [Page] their Counties did not surmount the charge that attended them. And by this means since the making of this Statute, those Sheriffs that were charged with the Firma de proficuis rarely if at all answered any thing for it, because they have always ascertained the Court that there were no such profits beyond the charge in collecting them: or that the charge of keeping the County-Court, the Turns, the Hundred-Courts, which were the things that made up the Firma de proficuis, surmounted the benefit.

V. And this making appear was no other than the oath of the Sheriff, that he could not levy this or that Rent, parcell of his Vicontiels, or that there were no Proficua Comitatus, &c. And this oath of the Sheriff hath always been the Warrant to discharge him of all or any part of his Firmes. By which means it hath most ordinarily come to pass that although the Sheriff hath paid [Page] in his profers at Easter and Michaelmas, yet when he comes upon his accompt he doth by his oath discharge himself of all his Firma de remanente Comitatus, and thereby most times the King becomes Debtor to the Sheriff for those Moneys which he received as profers, or Moneys due by the Sheriff upon his Firme.

And it is but reason; for the Statute gives him that just benefit to discharge himself by his oath of what he cannot levy or receive.

And yet though the Sheriffs have constantly by their oath discharged themselves of the entire Firme de Proficuis Comitatus, and of a great part of their other Firmes of the Vicontiels, or Remanent’Firme, and other Rents charged upon them in gross Summs, by swearing the illeviableness of some of those Vicontiels which make up those Remanent’ Firme Comitatus and gross Summs, yet constantly after this Act and until the year of our Lord [Page] 1650 the entire Firmes, viz. the entire Firme of the Remanent’ post terras datas, and the entire Firme de proficuis Comitatus, were constantly written out in charge to the Sheriff upon the Summons of the Pipe, and entirely charged upon the great Roll▪ as they had ever been since the Statute of Rutland, and in the very same manner, though in truth it was for the most part but an idle piece of formality; for the Sheriffs constantly swear it off by virtue of the Statute. And thus by these Statutes the Sheriff had ease by his oath from that part and those parts of his Firmes that he sweared he could not levy.

But the truth is the Sheriffs have taken that part of the Statute which was for their ease, viz. to swear in discharge of their Firmes, but have two much omitted that other part of the Statute that was for the King's advantage, viz. the delivery in upon their oaths the Schedules of their Vicontiels: by which omission possibly [Page] many small, but good, Rates have been lost since the Statute of 2 and 3 E. 6. which might have been preserved. Although possibly the far greater part were lost long before, as appears by the complaints of the Sheriffs, in relation to their Firmes, in the Parliament Roll of 11 H. 4. above mentioned▪ And thus the Sheriffs Firmes stood untill the 15th of King Charles the first.

CHAP. IX. The Third Period from the fifteenth year of King Charles the first untill the year of our Lord 1650. And how the Sheriffs Firmes and Accompts stood in that interval.

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BY an order of the Court of Exchequer made the 25th. Junii, 15 Car. 1. upon the complaint of the King's Firmor of decayed Rents it was ordered that the Clerk of the Pipe should cast up and compute, and severally and distinctly put in charge arrearages of decayed Rents and parcells of Rents, that process and commissions might be made forth thereupon by virtue of the order. But this proved uneffectual, for although the same was done [Page] accordingly, yet the King received litte advantage thereby, neither did it at all convenience the Sheriff, or alter the charge written out in the Summons of the Pipe, or upon the great Roll▪ For the Firmes continued still in charge as before, without any alterations: And though somewhat of small consequence was found out, which might help to make good the Sheriffs Firmes in some particulars, yet the same still fell short, and the Sheriffs were still enforced to make use of the advantage of the Statute of 2 E. 6. to ease themselves by their oath of illeviable Rents, till the year 1650.

CHAP. X. The Fourth Period of the Sheriffs Firmes from the y [...]ar, 1650 unto this day, and how they were answered in that interval.

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IN the times of the late troubles, viz. 6. Julii, 1650. there was an order made in the Court of Exchequer touching the Sheriffs Firmes and the Vicontiel Rents, which because it hath set a Rule in this Business, which to this day is observed, I shall here transcribe verbatim.

Whereas the Sheriffs of several Counties of England stand charged in the great Roll of the Pipe, and have so stood charged anciently with divers Summs of Money [Page] in gross, sub nomine Vicecomitis, under the several Titles of de rem’ Firm’ Com’ post terras datas: de veteribus Cr̄i Comitatus. De Firma de proficuo Comitatus. De Cornagio. De Warda Castri. De Firmaperprestur & escaet. De emersis Firmis. De minutis particulis. Serjantia de tr̄is Assart’ infra diversas Forestas, and the like. And the said Sheriffs yearly, and from year to year, have been and still are commanded by the Summons of the Pipe, to levy the same as heretofore to the use of the Crown, so now to the use of the Common-wealth, without expressing where, of whom, for what cause, or out of what Lands or Tenements the same are particularly to be levied by the said Sheriffs, or out of what particulars the said Summs in gross do so arise; in regard whereof, and that it hath heretofore appeared in the time of King H. 8. upon complaint of the Sheriffs, [Page] that a great part of the particular Rents and annual Summs of Money, wherewith the said Sheriffs do stand charged upon their Accompts in gross, had been long before that time payable by Monasteries, Abbots, Priors, attainted Persons, and the like, whose Estates were come to the Crown, and so ought to be discharged by unity of possession; and yet that the said Sheriffs were still charged in gross with the same, to their great burthen and grievance; it was in the 34th year of the said late King H▪ 8. enacted by Parliament in the case of these Sheriffs, and of all Sheriffs for the time to come; that the said Sheriffs should be charged to answer upon their Accompts yearly such Rents and Summs of Money of the natures aforesaid onely, as by the particular Rentals or Vicontiels, by them to be yearly delivered in upon oath, they should set forth [Page] and make appear to be by them leviable; and that they should be discharged of all the residue which they upon their Oaths should affirm to be illeviable, by virtue of the said Act of Parliament, which hath been so continued accordingly, ever since. Howbeit the Sheriffs have from time to time complained, and still complain against the writing forth of more to be levied and answered by them upon their Accompts, than such Rents and Summs of Money onely as appears upon the oaths of their predecessors, Sheriffs, to be leviable; and that the rest, appearing to be illeviable, ought to be removed out of their said annual Roll, and Commissions thereupon to be awarded out of the Exchequer, for reviving the same according to the true intention of the said Statute of 34 H. 8. which the now Lord chief Baron, and the rest of the [Page] Barons, taking into their serious consideration, and being willing and desirous, so far forth as may stand with the preservation of the due rights of the Commonwealth, to give all fitting ease and satisfaction to Sheriffs therein, according to the meaning of the said Statute of 34 H. 8. and according to the Statute of Rutland, 10 Ed. 1. whereby it is provided that nothing shall be written out to the Sheriffs but such Firmes and Debts whereof there is some hope that something may be levied. And that all dead Firmes and desperate Debts are to be removed from the annual or great Roll into the exannual Roll, and not to be written forth in process to the Sheriff, but to be inquired of to see if any thing may be revived. Whereupon the said Lord chief Baron and the rest of the Barons, calling before them the Clerk of the Pipe, with the Secondaries, [Page] and the rest of the sworn Clerks of the said Office, and upon debate of the business, finding it to be a work of great difficulty, labour and care, to examine and set forth in every County, from the Originals and Records of such antiquity to be compared with later times, the particulars which are from henceforth to be written to the Sheriffs to levy in certain. And such as are for the reasons aforesaid to be removed out of the said annual Roll have nevertheless in ease of all Sheriffs for time to come, with respect to the labour and care of the Officers and Clerks to be by them undergone therein. It is this day ordered that the Clerk of the Pipe, the Secondaries and other sworn Clerks of the said Office in their several assignments shall in pursuance of the said Statute of Rutland, and the said Statute of 34 H. 8. use their best endeavour, diligence and care, [Page] with as much convenient speed as a work of so great labour and consequence may well be performed, fully to explain and set forth, and shall from henceforth fully explain and set forth, in the subsequent annual Roll of this Court, so many of the particular Rents as they find out and discover by any of the Remembrances, Books, Vicontiels of Sheriffs, or other Records of this Court, to have been, and which be appertaining to the making up of every of the said Firmes so charged in gross Summs as aforesaid, and shall therein distinguish which and how much of those particular Rents have been and are to be yearly answered.

And so much of the said Firmes as cannot be explained by setting forth the particulars, together with the particulars so set forth and explained, which have been in decay and unanswered by the space of forty years last past, and [Page] which are become illeviable, shall be thereupon removed and conveyed out of the said annual Roll and Sheriffs Accompts into the exannual Roll of this Court. And that Commissions and Process shall be from time to time awarded to regain and recover the same, according to the true intention of the said Statutes.

This Order produced these Effects.

I. Great care was taken to collect and set forth the obscure Rents, and upon what they were charged.

II. The particulars of those Rents and Vicontiels that made up the Sheriffs Firmes formerly, of Remanent’ Firme post terras datas, and De Cremento Comitatus, as also those Rents that were charged upon the Sheriffs in gross Summs, as De diversis Firmis, De minutis particulis Serjantiarum, and such other [Page] charges in gross were wholly left out and omitted.

IV. Instead thereof such particular Rents and Vicontiels as made up formerly these Firmes and gross charges, or Money of them as could be discovered were particularly written out in the Summons of the Pipe, and in the great Roll first under the title of several Hundreds, wherein the Bills lay that were charged or had any Lands charged within them with these Vicontiels and the several Vills under the Titles of these Hundreds, and the several Lands that were charged within those Vills, as far forth as could be discovered.

V. Those Vicontiels that were part of those Firmes or gross charges, and likewise such particular Rents charged formerly in the annual Roll in particular, which had not been answered in forty years before, were removed out of the [Page] Summons of the Pipe and great Roll into the exannual Roll to be put in process as they could be discovered. And thus the form of the charge which had continued ever since 10 E. 1. as to the Firmes and gross Summs, was too lately changed to the great ease of the Sheriffs, of the Court and of the People, who were often harassed by the Sheriffs to make themselves savers, by levying these obscure incertain and illeviable Summs. And all this without any detriment to the King who indeed before had an appearance of great Firmes and Summs expressed in the Summons of the Pipe and great Roll, which yet were sworn off too little by the Sheriffs in pursuance of the Statute of 23 E. 6.

VI. But besides all this, the Firma de proficuo Comitatus was also wholly laid aside and put out of the charge of the Summons of the Pipe and the great Roll. It is true [Page] there is no clear warrant for putting the Firme out of charge by that order, for that order seems to extend onely to Rents and Vicontiels, which indeed made up the other in Firmes and gross Summs charged upon the Sheriffs. But this Firme was answered for the profits of Courts and other casual perquisites, and not in respect of any Vicontiel or annual Rent. But yet for all that, the true extent of that order might extend to put that Firme wholly out of charge, since it is apparent that the profits of the Sheriffs Courts whether Hundred-Courts, County-Courts or time, do scarce quit the charges of keeping them at this day, nor for a long time past. Neither is the King de facto at any loss thereby, for though before this order this Firme was indeed in charge and carried the shew of some benefit to the King, yet it was wholly sworn off by the Sheriffs by virtue of the Statute of 2 and 3 E. 6.

[Page] Onely it seems reasonable that though the Firma de proficuis be put out of charge so that the Sheriff should not be compelled to answer a Firme to that which yields little or no benefit, yet that the Sheriff should be charged to accompt for the Proficua Comitatus as Bayly or Custos though not as Firmor.

And that therefore there should stand in charge upon him to accompt de Proficuis, which is all that I can find considerable to be supplied in that order, orvin the present methodizing of the great Roll in relation hereunto. And although this order was made in the late time of trouble, yet it hath obtained and stood in force unto this day.

The late Act of this Parliament intituled An Act for the preventing of the unnecessary delays of Sheriffs, &c. hath this Clause sutable to the said order, viz.

‘And to the end that Sheriffs may for the time future be eased [Page] of the great charge and trouble which they heretofore have been put to in passing their Accompts in the Exchequer, occasioned partly in regard that divers Summs of Money have stood charged upon them in gross without expressing from what persons, or for what cause, or out of what Lands and Tenements, the same are particularly to be levied, or out of what particulars the said Summs in gross do arise, whereby it cometh to pass that the Sheriffs do still stand charged in gross with divers Summs of Money which were heretofore payable by Abbots▪ Priors, Persons attainted, and such other Persons, whose Estates are since come to the Crown, or are otherwise discharged or illeviable. And partly by the Accompt of Seisures, or foreign Accompts, and by exaction of undue Fees of Sheriffs upon their opposals. But it [Page] is enacted, &c. that no Sheriffs shall be charged in accompt to answer any illeviable Seisure, Firme, Rent or Debt, or either Seisure, Firme, Rent, Debt or other matter or thing whatsoever, which was not writ in process to him or them to be levied wherein, the persons of whom, or the Lands and Tenements out of which, together with the cause for which the same shall be so levied shall be plainly and particularly expressed, but shall be thereof wholly discharged without Petition, Plea or other trouble or charge whatsoever.’

This Act had in effect discharged the old charges in gross, had not this business been before setled by the order of 1650. But by that order the same thing is done and much more, and put into a very good order.

And thus I have done with this [...]ntricate Argument touching the [Page] Sheriffs Firmes. And the occasion of my strict enquiry into it was, a difference between the Auditors and the Clerk of the Pipe: upon the whole debate whereof, I found onely these matters.

1. That, in truth, the great occasion of complaint was, that the Clerks of the Pipe used different methods of accompting from the Auditors of the Revenue, the not observance whereof occasioned a mistaken representation by the Auditors that there was a deceit in their Accompts, whereas it appeared to be no such thing: for when both accompted their several ways, the issue was that the Accompts agreed in the conclusion.

2. That the Firme de proficuo Comitatus was put out of charge without Warrant, and it was thought by the Auditors, a great and considerable loss to the Crown, supposing that the Fees for execution of Process [Page] and Writs were to make up that Firme: but this is sufficiently unriddled before.

3. That there was an allowance to the Sheriff of Bucks of a considerable yearly Summ, ut Apparatori Comitatus: This indeed ought not to be allowed at this day, the reason thereof ceasing as hath been shewed; and therefore from henceforth that charge is to be disallowed, but the Clerk of the Pipe not greatly blamable herein, because there was an order of the Court in the Queens time for making that allowance: But the reason whereupon that order was made was a mistake and an errour in the Court not in the Clerk that followed the order.

4. That there is no accompt given for the Firmes of Baylywicks as was anciently; which indeed, was parcel of the Proficuum Comitatus, as hath been shewed. But [Page] the truth is, there is no great reason for any such complaint▪ the Firmes of Baylywicks being taken away by Act of Parliament, and levy disused in most places.

5. That when a Sheriff is in Surplusage they make it good unto him out of any other debt by the Sheriff himself, or any other Sheriff of the same or any other County, without any Warrant from my Lord Treasurer or the Court. And besides that, the other Sheriff is discharged upon the Roll of his Debt, and it doth not appear upon what reason. And indeed, this is a thing fit to be reformed, and that such allowances be not made without Warrant from the Lord Treasurer, or Order of Court, and that an Entry or Memorandum thereof be made upon the Roll of the Debts so discharged. But yet, the truth is, this manner of allowance hath been a long time used, and it is no novelty or late attempt, neither is there any great [Page] damage to the King by it, for it is but the payment of one real Debt with another. But howsoever, this is fit to be reformed by order of the Court that the Sheriffs deliver not in the Roll of the Vicontiel as is required by the Statute. And it is true, he ought to doe it or should be sworn thereunto. But the necessity is not now so great, because the particular Rents are now charged upon the great Roll by virtue of the order of 1650, which doth in a great measure supply that defect, and yet the delivery in of the Vicontiel Roll may be fit to be revived.

The most of the rest of the complaints were touching particulars mischarged, or not charged, but the Errours were rather in the Complainers than in the Pipe, and for want of a clear understanding of those intricate and obscure proceedings of the Pipe. And upon a full search of the particulars, I find the Clerks of the Pipe gave very clear satisfaction therein.

[Page] Upon the whole matter of these Accompts, I do observe these Two or Three Observables.

I. That the inconvenience of retaining the old formalities of proceedings, the same terms and words, and very same mood of all things in Accompts, when the nature of things and times requires a change, and accommodation of new forms or expressions as a piece of hurtfull superstition; therefore, although the change of forms of this nature is not to be done rashly and precipitantly, yet when the exigence of things requires it, there must be an accommodation to the present use, understanding and exigence of affairs.

And hence it is that the Accompts of the Auditors of the Revenue are more easily intelligible as being framed to the use and exigence of the times; but the Accompts of the Pipe more mysterious [Page] and perplexed, to persons unacquainted with them, for till 10 E. 1. they kept in all things the precise form of writing their great Roll, as had been used in King Stephen's time. And the same form they kept untill 1650, abating the alterations made in 10 E. 1. not without great inconvenience to the King's people and Sheriffs.

II. That these small Rents and Vicontiels would be with much more advantage to the King, and be sold off to the several Persons and Townships chargable therewith, than be kept in method of collection, as now they are, unless some more ready collecting of them by the Receivers could be thought upon, provided the Money arising by sale be laid out presently in more certain Revenue: For, 1. They are in respect of their smallness, and dispersedness, and uncertainty of charge and manner of collecting very subject to be lost, as they [Page] have been commonly from time to time. 2. The charge of collecting and accompting for them by the Sheriff is very great, and the trouble and charge to the people very much more. 3. The cost and trouble to the King in respect of Officers writing and other matters relating thereunto, might be well retrenched thereby. And yet when all is done, it brings a great trouble, and makes a great noise as if it were a Revenue of great moment, and yet by that time the Sheriffs have done swearing of particulars as illeviable, or that they know not where to charge it, it becomes a very pitifull inconsiderable business, and scarce answering the charge of the collecting, accompting and answering it. For it must be observed that although by the order of 1650, the charge is more certain than formerly, yet the Sheriff hath still by the Law the benefit of the Statute of 2 and 3 E. 6. even as to those ascertained Rents, and if he cannot find them he is, and ought [Page] to be discharged upon his oath thereof. And accordingly is daily discharged of many of those Rents though rendred much more certain by that order, and the pains and method of the Charge and Accompt, used in pursuance hereof. Whereby in process of time, many, even of these Rents particularly charged by virtue of that order, will be successively lost.

Sed de his curent Superiores.

FINIS.

[Page]

Information about this book

Title statement

A short treatise touching sheriffs accompts written by the Honourable Sir Matthew Hale ... ; to which is added, A tryal of witches, at the assizes held at Bury St. Edmonds, for the county of Suffolk, on the 10th of March 1664, before the said Sir Matthew Hale, Kt.

Hale, Matthew, Sir, 1609-1676.

Edition statement

1683

Publication

Publisher

Text Creation Partnership,

Place of publication

Ann Arbor, MI ; Oxford (UK) :

Date

2006-06 (EEBO-TCP Phase 1).

ID [DLPS]

A44301

ID [STC]

Wing H260

ID [STC]

ESTC R14358

ID [EEBO-CITATION]

12157764

ID [OCLC]

ocm 12157764

ID [VID]

55185

Availability

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Early English books online.

Notes

(EEBO-TCP ; phase 1, no. A44301)

Transcribed from: (Early English Books Online ; image set 55185)

Images scanned from microfilm: (Early English books, 1641-1700 ; 599:11)

Source

— A short treatise touching sheriffs accompts written by the Honourable Sir Matthew Hale ... ; to which is added, A tryal of witches, at the assizes held at Bury St. Edmonds, for the county of Suffolk, on the 10th of March 1664, before the said Sir Matthew Hale, Kt., Hale, Matthew, Sir, 1609-1676..

Extent

2 pts. ( [8], 110; [4], 59 p.)

Printed, and are to be sold by Will. Shrowsbery ...,. London :: 1683.. (Imperfect: A tryal of witches, at the assizes held at Bury St. Edmonds ... London : Printed for William Shrewsbery, 1682 (with special t.p.): [4], 59 p. at end is lacking in filmed copy.) (Reproduction of original in Bodleian Library.)

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