2. Clerk of the Warrants, executed by a Deputy, who entreth all Warrants of Attorney for Plantiff and Defendant, and enrolleth all Deeds acknowledg'd before any of the Judges of this Court. 3. Clerk of the Auries, who makes out the Writs call'd Habeas Corpus, and Diftringas Juratorum, for Appearance of the Jury, either in this Court, or at the Affizes in the Country, by his Deputy. 4. Clerk of the Effains or Excufes for lawful Cause of Abfence. 5. Clerk of the Superfedeas, which is held by Patent. But before King James the Firft's time the Writs of Superfedeas were made by the Exigenter. In this Court are alfo Filazers for the feveral Counties of England, fo call'd from the French, Fil, a Thread, because they file their Writs. These make out all Procefs upon Original Writs, and do many other things too long to be here fet down: Of these there are Fourteen; the last of which, is Protonotary, Filazer, and Exigenter of Monmouth, by Patent; the reft are in the Gift of the Lord Chief Justice of this Court, and hold for Life. There are alfo Four Exigenters, whofe Office is to make all Exigents and Proclamations in all Actions, where Process of Outlawry doth lie. This Writ is call'd an Exigent, because it exafteth the Party; that is, requireth his Appearance to answer the Law, and lies against a Tranfgreffor of the Law, that cannot be found, nor any of his Goods within the County: So that after Summons by the Sheriff at five several County Courts, if he appears not, he is Outlawed. Thele are all in the Gift of the Lord Chief Justice of this Court; and are for Life. There are also belonging to this Court Four Crier and a Porter. Fourthly, Of the Court of Exchequer. HE next Court of Execution of Laws, is the Exchequer ; fo call'd, as fome think, from a Chequer-wrought-Carpet, covering the great Table in that Court, (as the Court of Green Cloth in the King's Houfe, is fo call'd from the Green-Carpet) or elfe from the French Word Efchiquier, a Chefs-Board; because the Accomptants in that Office were wont to ufe fuch Boards in their Calculation. Here are try'd all Caufes which belong to the King's Treafury or Revenue, as touching Accompts, Disbursements, Customs, and all Fines impofed upon any Man. In this Court may fit, The The Lord Treasurer, the Chancellor of the Exchequer, the Lord Chief Baron, and three other Learned Judges call'd Barons of the Exchequer; alfo one other Curfitor Baron. The first of the five is the principal Judge of this Court, and answers the Bar of the Barriers, who direct their Speech to him takes Recognizances for the King's Debts, &c. It is an Office of high Honour and Profit; He is ftil'd Lord Chief Baron; is created by Letters Patent, to hold this Dignity, Quam diu fe bene gefferit: He alone, without the other Barons, fits at Guild-Hall in the Afternoon in Term-time, upon Nifi prius in London; takes Audits, Accompts, Recognizances, Prefentations of Offices, and many other things of Importance. In the Abfence of the Lord Chief Baron, the other three Barons fupply his Place, according to their Seniority; but the Fifth is faid to be the Curfitor of the Court, and administers the Oath to the Sheriffs, UnderSheriffs, Bailiffs, Searchers, Surveyors, &c. of the Custom-Houfe; but is no Judge. In the Exchequer are held two Courts, one of Law, another of Equity. All Judicial Proceedings according to Law, are Coram Baronibus; but the Court of Equity held in the Exchequer Chamber, is Coram Thefaurario, Cancellario & Baronibus. This Court had its beginning primo Phil. & Mar. The Authority of this Court is of original Jurifdi&tion, without any Commission. Note alfo, That all the other formention'd Courts were not inftituted by any Statute or Written Law, but have their Original from the ancient Custom of the Kingdom. For a long time after the Conqueft there fate in the Exchequer both Spiritual and Temporal Barons of the Realm; and in later times there fate in their Places others that were no Peers of the Realm, yet ftiled Barons, because Barons used to fit there. All the Twelve Judges belonging to thefe high Tribunals fit in Robes and Caps like Doctors. Offices belonging to the Court of Exchequer. The King's Remembzancer's Dffice. After the Lord Treasurer, the Chancellor of the Exchequer, and the Barons of the Exchequer aforemention'd, the next Officer is the King's Remembrancer: In whofe Office are Eight fworn Clerks; whereof two are Secondaries. In this Office are enter'd the States of all the Accompts concerning the King's Revenue, for Cuftoms, Excife, Subfidies, and all Aids granted to the King in Parliament, and all other Accompts of what nature foever, except Sheriffs and Bailiffs Accompts: and alfo Accompts for Moneys imprefted to any Perfon to perform Service for the King, concerning the King's Revenue, either certain or cafual, all Securities either by Bonds or Recognizances, to the King's Majefty by Accomptants and Officers, for the faithful Exerciling of their Offices, and many of his Debts are taken here. All Proceedings upon any Statute by Information for Cuftom, Excifes, or any other Penal Law. All Proceedings upon the faid Bonds or Recognizances, or any other Bonds taken in the King's Name, by Officers appointed thereunto, under the Great Seal of England, and tranfmitted hither for Recovery thereof, are properly in this Office; from whence iffueth forth Procefs, to caufe all Accomptants to come in and accompt. In the Court of Exchequer there being a Court of Equity, all Proceedings touching the fame, are in this Office, with many other things concerning the King's Revenue. This Office is in the King's Gift. The Lozd Treasurer's Remembzancer's Dffice. Next is the Lord Treasurer's Remembrancer; whofe Office is to make Process against all Sheriffs, Receivers, Bayliffs, &c. for their Accomprs, and many other things, of moment, as Eftreat Rules, &c. All Charters and Letters Patent, whereupon any Rents are referv'd to the King, are transcribed and fent into this Office by the Clerk of the Petty-bag, to the end fuch Moneys as are thereby payable to his Majesty, may be tranfmitted to the Clerk of the Pipe; and Process made to recover the fame by the Comptroller of the Pipe. Out of this Office Procefs iffues to levy the 20 1. per Month due from Popish Recufants, when convicted; and a fo to feize the two thirds of their Lands, when Schedules thereof are made by the Clerk of the Pipe, and tranfmitted hither. Out of this Office Process is alfo made to levy the King's Fee-Farm Rents, &c. When the Auditors of the Revenue have made Schedules of fuch Arrears, and tranfmitted them to the Remembrancer, the States of all Impreft Accompts, and other great Accompts, and all other Accompts whatsoever, are alfo entred in this Office, as well as in the Office of the King's Remembrancer. In this Office there were heretofore Twelve worn Clerks, whereof the Two firft were called Secondaries. This is alfo in the King's Gift. All Accompts which pafs the Remembrancer's Office, are brought to the Office of the Clerk of the Pipe, and remain there, to the end that if there be any determin'd Debt due by 119 by any Accomptant, or any other Perfon in any fuch Accompt, the fame may be drawn down into the great Roll of the Pipe, or the Pipes thereof, and by the Controller of the Pipe taken into his Roll, verbatim with the great Roll; and Process may be made by him, for the Recovery thereof by a Writ, call'd the Summons of the Pipe; which is in the nature of a Levare facias. And if upon Summons of the Pipe, a Nichil be return'd by the Sheriff, then a Schedule is made of fuch Debts as are Nichil'd, and fent to the Treasurer's Remembrancer, who makes a long Writ, and annexes the fame to it; which Writ is a Capias Fieri Facias & extendi Facias. All Tallies which vouch the Payments contain'd in fuch Accompts, are examin'd and allow'd by the chief Secondary in the Pipe, and remain'd for ever after in this Office. All Accompts of Sheriffs and Bailiffs, are made up by the Clerk of the Pipe, and he gives them, and all the other Accomptants before-mention'd their Quietus eft, in case their Accompts be even. The Clerk of the Pipe makes Leafes of the King's Lands, and extended Lands, when he is warranted fo to do by the Lord Treafurer and Chancellor of the Exchequer, or Lords Commiffioners of the Treafury. And thefe Leafes are fometimes directed to be made under the Great-Seal, but for the moft part pafs the Exchequer. He hath under him Eight Attorneys, whereof the two first are Secondaries. Controller of the Pipe.] He writeth in his Roll all that is in the great Roll; and nothing entred the great Roll, can be discharg'd without his Privity. And if Nichils be return'd, fuch Schedules are made to the Treasurer's Remembrancer, as before is mentioned, He writeth out the Summons twice every Year to the High Sheriffs, to levy the Debts charg'd in the great Roll of the Pipe. Clerk of the Pleas.] In his Office all the Officers of the Exchequer, and other priviledg'd Perfons, as Debtors to the King, &c. are to have their Privilege to plead, and be impleaded, as to all Matters at the Common Law: And the Proceedings are accordingly by Declarations, Pleas, and Trials, as at the Common-Law, because they should not be drawn out of their own Court, where Attendance is requir'd. In this Office there are four fworn Attorneys. Foreign Oppofer.] His Office is to oppofe all Sheriffs upon the Schedules of the Green-Wax. Clerk of the Catreats.] His Office is to receive every Term the Eftreats, or Extracts out of the Office of the Remembrancer of the Lord Treasurer, and to write them out, to be levied for the King; alfo to make Schedules for fuch Sums as are to be difcharg'd, Auditors Juditos of the Impeft,] Audit the great Accompts of the King's Cuftoms, Wardrobe, Mint, Firft-Fruits and Tenths, Naval and Military Expences, Moneys imprefted, &c. Auditors of the Revenue.] Are Seven. Thefe Audit all Accompts of the King's Revenue, and Taxes given by Act of Parliament. There are alfo feveral Receivers of the King's Revenues, arifing from Lands and Rents, whofe Accompts the Auditors do make up yearly. Remembrancer of the First Fruits,] Takes all Compofitions for First Fruits and Tenths, and makes Process against fuch as pay not the fame. Auditor of the First-Fruits. Receiver of the Revenue of the First-Fruits. The Bishops are Collectors of the Tenths, and accompt annually for the fame. Deputy Chamberlains.] There are also two other confiderable Officers, call'd Deputy-Chamberlains; in whofe Office at Weftminster are preferv'd all the Counterfoils of the Tallies (whereof more anon) fo exactly rank'd by Months and Years, that they may prefently be found out, to be join'd with their refpective Stock or Tally, when thereunto requir'd; which being done, and prov'd true, they deliver the fame, attefted for a lawful Tally, to the Clerk of the Pipe, to be allowed in the great Roll: But in cafe any Corruption hath been used, the fame is easily and foon difcover'd, and the Offender feverely punish'd by Fine and Imprisonment. Other Officers.] There are moreover divers other Officers, as Clerk of the Parcels, Clerk of the Nichils, the Marshal, the chief Uther of the Exchequer, whofe Office is an Office of Inheritance, Four Under-Ufhers, and fix Meffengers, whofe Offices are all in the Gift of the Chief Ufher. He is alfo by Inheritance Proclamator of the Court of Common-Pleas, and hath the Gift of all the Ubers also. Of the other Part of the Exchequer, call'd by fome, the Lower-Exchequer, where the King's Revenue is receiv'd and disburs'd. THE There is one Secretary: Next Officer is the Chancellor of the Exchequer, who is alfo an Officer of great Account and Authority; he hath a principal Power, not only in the Exchequer Court, but alfo here in the managing and difpofing of the King's Revenue: He hath alfo the Cuftody of the Exchequer Seal. He fits in the Court above all |