The case of the auditors and receivers of His Majesties revenue with some reasons against transferring the receipt and accompts of the augmentation-revenue from them to the sheriffs and the pipe. And a brief survey of the mischiefs which will ensue the alteration designed, both as to his Majesties advantage, and the subjects interest. 1662 Approx. 14 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2013-12 (EEBO-TCP Phase 2). A78230 Wing C1015A ESTC R223839 99897182 99897182 135627

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 Early English books online. (EEBO-TCP ; phase 2, no. A78230) Transcribed from: (Early English Books Online ; image set 135627) Images scanned from microfilm: (Early English books, 1641-1700 ; 2474:7) The case of the auditors and receivers of His Majesties revenue with some reasons against transferring the receipt and accompts of the augmentation-revenue from them to the sheriffs and the pipe. And a brief survey of the mischiefs which will ensue the alteration designed, both as to his Majesties advantage, and the subjects interest. [2], 6 p. s.n., [London : 1662] Imprint from Wing (CD-ROM edition). Reproduction of original in the Folger Shakespeare Library.

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 eng England and Wales. -- Exchequer -- Early works to 1800. Revenue -- England -- Early works to 1800. 2020-09-21 Content of 'availability' element changed when EEBO Phase 2 texts came into the public domain 2012-06 Assigned for keying and markup 2012-07 Keyed and coded from ProQuest page images 2012-08 Sampled and proofread 2012-08 Text and markup reviewed and edited 2013-02 Batch review (QC) and XML conversion

THE CASE OF THE AUDITORS and RECEIVERS OF HIS Majeſties Revenue, WITH Some Reaſons againſt transferring the Receipt and Accompts of the Augmentation-Revenue from them to the Sheriffs and the Pipe. And a Brief SURVEY OF THE Miſchiefs which will enſue the alteration deſigned, both as to his Majeſties advantage, and the Subjects intereſt.
THE CASE OF THE AUDITORS and RECEIVERS Of his Majeſties Revenue, &c.

THat wiſe Prince King Henry the 7. taking notice of the great delayes, uſed in anſwering his revenue by the Sheriffs: and alſo of the great preſſures upon his Subjects, from the Officers of the Pipe, did model his Crown-revenue according to the pattern of that of his Dutchy of Lancaſter; by appointing Auditors, and Receivers thereof. Who were not to account according to the Courſe of his Exchequer, but before his Royal Chamber.

This model of Receit and Accounts was afterwards confirmed and eſtabliſhed by Act of Parliament. 6o Hen. 8. Whereby alſo it was provided, that ſuch of the Crown-Revenues, as were contained in a ſchedule, annext to the ſaid Act: or ſhould be contained in any ſchedule ſigned by the Kings Majeſty, ſhould be wholly anſwered by Receivers appointed by his Majeſty, to his Royal Chamber. And that Auditors be appointed to take the accounts of the Revenue, and to ſee to the levying thereof. And that no proceſſe iſſue out of the Exchequer againſt the accountants but upon requeſt of ſuch Auditors.

The onely reaſons for ſuch eſtabliſhment given in the preamble of the Act, are, that the Accounts might be more ſpeedily taken, and a ſpeedier payment made then could be according to the Courſe of the Exchequer, as alſo for the greater eaſe and leſſe charge of all Accountants.

The ſaid Revenue during the whole Reigne of Hen. 8. was accordingly anſwered and managed, by Auditors and Receivers within the ſurvey of the old and new Courts of Augmentation. And Court of General Survey 〈…〉 .

〈…〉 Act of Parliament 7 Ed. 6 cap. 1. The anſwering of the • even •• e by Auditors and Receivers, was provided for, and eſtabliſhed in a moſt exact form and method, both as to the Kings ſecurity and the Subject eaſe, which ſtatu •• the Auditors and Receivers do to this day obſerve • .

This Statute was intended to be the perpetual rule for the receits and accounts of the Augmentation-revenue, after the Court ſhould be diſſolved, for by the very next chapter, the diſſolution of the Court of Augmentations was contrived, though not perfected till halfe a year after 1o. Mariae.

The ſeveral Lord Treaſurers, Chancellors, and Barons of the Exchequer, which have been ſince, have in purſuance of their power given by the Articles of Annexation 1o Mariae. Confirmed, aproved and continued that form of Receits and Accounts now in uſe as moſt beneficial to the Crown and leaſt grievous to the people.

And whenſoever the like attempts, to that now on foot have been moved, as often they have been, they have alwayes been exploded, as prejudicial to the Crown.

The Auditors and Receivers are inveſted in their reſpective offices, for their lives, and intitled to all profits and advantages to the ſame belonging by letters Patents from the Kings of this Realm.

The whole charge of the Crown to Auditors, Receivers, Meſſengers, Bailiffs, Colletors, and other Miniſterial Officers, for bringing in of the revenue in charge before them, doth not exceed 5000. l. pounds. per ann. Which is no exceſſive charge to the Crown, for ſo much ſervice: neither hath his Majeſty more ſervice of any other nature whatſoever, performed upon eaſier terms, eſpecially by ſo many Gentlemen of quality, as the Auditors, and Receivers, to the number of thirty, beſides many inferior Officers.

The Receivers and other officers, who intermeddle with receipt of the revenue, before they enter upon their offices, do for every 100. l. within their charge become bound to his Majeſty by Recogniſance in 200. l. with ſufficient ſecurityes, as well true payment to make, as to accompt, within the times limited by 7 Ed. 6 cap. 1. And if they fail thereof, they both forfeit their offices, and they and their ſureties are lyable. So that no conſiderable loſs can poſſibly accrue to the Crown, by the failer of any ſuch officer. And the Crown in few years ſuffers greater loſs in the revenue now charged in the Pipe, by the undue practiſes of the officers thereof, then it hath ſuſtained by failer of Receivers ever ſince the revenue was brought into that Courſe.

For the eaſe of the Subject by the proviſion of 7 Ed. 6. The Receivers make two circuits yearly, and the Auditors one, throughout the limits of their Aſſignments, and what moneys are payed, and accounted for in their circuits, are ſo received and accounted for, with little or no charge to the Subject, and the charge which the Kings tenants draw upon themſelves, from meſſengers is through their groſs neglect. For 7 Ed. 6. which threatens the Receivers upon ſo great forfeitures not to neglect to account and to make payments within the times there limited, provides for the times of their receits. And ſhould thoſe rents which are ſo wilfully ſuffered in arrear, be ſent into the Pipe, that proceſſe might iſſue forth, it would coſt the tenant fourfold the charge of a meſſenger.

The accounts of the Receivers, and other Miniſters of the revenue, are to this day taken and declared both as to time and method according to the patern preſcribed by 7o Ed. 6. cap. 1. Which is ſo exact and plain a method of accounts, that the leaſt fraud in the account may at firſt view be detected upon declaration thereof, before the Grand officers of his Majeſties Revenue.

The accounts determined are declared before and controuled by the Lord Treaſurer, Chancellor, and Barons of the Exchequer according to the antient and eſtabliſhed controulement of the Exchequer, ſo that no unjuſt allowance, or other fraud can poſſibly creep into the account undiſcovered.

A Brief Survey of the miſchiefs which will enſue the alteration deſigned, both as to his Majeſties advantage, and the Subjects intereſt, may in part be taken by the ſubſequent conſiderations.

1 THE revenue will be thereby taken from the view and control of the Lord Treaſurer, Chancellor, and Barons of the Exchequer, and put into the ſole managery of the Clerks of the Pipe-office without any control; the Officer Stiled the Controller of the Pipe, being by his office either de jure or de facto, no controller of accompts, but is only to take care of the iſſuing forth of Proceſſe.

2 The anſwering of the revenue and of debts ariſing thereupon will be thereby greatly retarded, for the ſummons of the Pipe is a weak Proceſſe, and uſually a debt reſteth there a year or two, ſometimes more, before it come into ſchedula Pipae to be levyed upon body, lands and goods. And in common practice Debts and Farms levyed by Sheriffs are ſeldome paid in till two or three years after they become due; ſo that in effect the King ſhall pay above 10 l. per centum for levying of what is due to him. This was the principal reaſon of 6. H. 8. for putting of the revenue into that courſe it is now in. And though Statutum de Scaccario 51. H. 3. to which the preſent Bill refers, doth appoint payment to be made at the Sheriffs half year profers, yet the uſage, practice, and courſe of the Exchequer ever have been and yet are repugnant to it.

3 If his Majeſty make allowance for levying of this revenue and pay for the paſſing of the Accompts, which probably is alſo projected, the charge cannot but exceed the preſent charge, for that the Sheriffs Accompts in the Pipe will be thereby increaſed above fourfold.

4 The hazard by failer cannot be leſs: the Receivers being likewiſe perſons of quality and eſtate, and for every 100 l. give ſeveral ſecurity of the moſt ſufficient Knights and Gentlemen.

5 The Crown is likely to receive thereby conſiderable loſs by arbitrary and unjuſt allowances in the accompt, ſubject to no control through combination between the under-Sheriffs and Clerks of the Pipe-office; for thoſe worthy perſons the High-Sheriffs do not intermeddle or concern themſelves with the matters of the accompt.

A new and large revenue will not probably fare better in the Pipe then the old. And how much to the diſadvantage of the Crown the revenue already there in charge hath been managed, will ſomewhat appear by a ſhort Table of the Sheriffs whole charge, beſides what is in Farm, and by the ſmall pittance that is anſwered into the Receipt.

  l. His Vicondels rents 4000 Fines before the Clerk of the market 400 Part of the Green-wax not in Farm 3000 Debts per total’ Pipae near 20000 Seiſures upon the foraign accompts Communibus annis 27000 Total. 54400

Beſides Fines and amercements upon the Sheriffs themſelves, and divers Fee-farm rents payable ad Scaccarium tantum ſometimes of great value, drawn into the Sheriffs Accompt by the undue ſummons of the Pipe to furniſh unjuſt allowances.

Of this great charge there is not paid yearly into the Receipt 3000 l. the reſidue is cut off by ſome wayes and methods which deſerve to be inquired into.

Miſchiefs in reference to the Subject.

1 EVery Sheriff will be thereby put to exceſſive trouble and charge in entring of ſeveral ſecurities for every 100 l. according the courſe of the Exchequer.

2 The taking of his charge yearly, whether from the Auditor or Clerk of the Pipe will be very expenſive to him.

3 So will the yearly Rental preſcribed by the Act.

4 The paſſing of his Accompt, which will be four times as long as now it is, and his Quietus eſt will be an inſupportable burden, if the charge of his preſent Accompt be a grievance, as no doubt it is.

5 It will be a work not only highly troubleſome, but almoſt impoſsible for the Sheriffe within the time limited to Collect the infinite ſmall rents diſperſt throughout every corner of his Bailiwick.

6 By entering into Recognizance a danger is intailed upon him and his poſterity, until every penny of his charge be truly diſcharged, which probably may never be: at leaſt not for ſome generations.

7 It ſeems unreaſonable to impoſe ſo great trouble, charge and danger upon the Sheriffs (who have already ſmarted ſo much from the Pipe) without a proportionable reward. And to allow ſuch reward (which of neceſsity (if proportionable) muſt exceed the preſent charge of anſwering of the Revenue) would be to take the bread from the Auditors and Receivers, his Majeſties ancient and loyal ſubjects and ſervants, and to caſt it to the under-Sheriffs and the Pipe; for the high-Sheriffs only ſhare the charge and danger, but the under-Sheriffs and the Pipe divide the ſpoil.

8 All Farmers, Fee-farmers, and other his Majeſties tenants will be thereby inſupportably vext and burdened, for beſides paying the Sheriff for levying the rents, when he levyes by Proceſſe, they ſhall pay both for the Proceſſe and diſcharge upon the great Roll: and if a rent never ſo ſmall be once in ſuper, though the tenant come in voluntarily and pay it, he ſhall not be diſcharged without taking his Quietus eſt, ſo that one ſhilling ſhall coſt him twenty.

9 The Auditors and Receivers having their offices eſtabliſhed by ſeveral Acts of Parliament, and granted to them for their lives by Letters Patents from the Kings of this Realm, with all fees and profits incident to the ſame, which are for the moſt part payable out of the revenue within their charge, do hope that they ſhall not be diveſted of their rights and freeholds, unleſs ſome crime be laid and proved againſt them, or that your grave wiſdomes ſhall judge after a full and perfect debate of all intereſts, that the Crown ſuſtains by their Offices an unneceſſary and conſiderable damage, which by the alteration will be redreſt.

It is laſtly humbly propoſed on his Majeſties behalf, that before farther credit be gained to the ſpecious ſuggeſtions of the Bill, a ſurvey may be taken of the managery of that Revenue already in charge in the great Roll, to the end a juſt eſtimate may be made of its fitneſs to contain a larger Revenue, conſiſtent with his Majeſties ſecurity and the peoples eaſe and intereſt.