







 
   
     
       
         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.
      
       
         
           1683
        
      
       Approx. 113 KB of XML-encoded text transcribed from 60 1-bit group-IV TIFF page images.
       
         Text Creation Partnership,
         Ann Arbor, MI ; Oxford (UK) :
         2006-06 (EEBO-TCP Phase 1).
         A44301
         Wing H260
         ESTC R14358
         12157764
         ocm 12157764
         55185
         
           
            This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of
             Creative Commons 0 1.0 Universal
            . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission.
          
        
      
       
         Early English books online.
      
       
         (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)
      
       
         
           
             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.
          
           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.
          
        
      
    
     
       
         Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford.
         Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors.
      
       
         EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO.
         EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org).
         The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source.
         Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data.
         Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so.
         Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor.
         The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines.
         Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements).
         
          Keying and markup guidelines are available at the
           Text Creation Partnership web site
          .
        
      
       
         
         
      
    
     
       
         eng
      
       
         
           Sheriffs -- England.
           Finance, Public -- England -- Accounting.
           Money -- England.
        
      
    
     
        2006-01 TCP
        Assigned for keying and markup
      
        2006-01 Apex CoVantage
        Keyed and coded from ProQuest page images
      
        2006-03 Judith Siefring
        Sampled and proofread
      
        2006-03 Judith Siefring
        Text and markup reviewed and edited
      
        2006-04 pfs
        Batch review (QC) and XML conversion
      
    
  
   
     
       
         
         
           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
           .
        
         
           ACcording
           to
           my
           Promise
           to
           your
           Lordships
           ,
           I
           have
           given
           a
           large
           Historical
           Narrative
           of
           the
           Sheriffs
           Accompts
           for
           the
           
           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
           
           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
             .
          
        
      
       
         
         
         
           
             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.
            
             
          
           
             
             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.
            
             
          
        
      
    
     
       
         
         A
         Short
         TREATISE
         Touching
         Sheriffs
         Accompts
         .
      
       
         
           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
           ,
           
           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
           ,
           
           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
           5
           s.
           out
           of
           which
           he
           paid
           to
           the
           Master
           of
           the
           Mint
           ,
           for
           his
           work
           ,
           sometimes
           1●
           .
           sometimes
           1
           s.
           6
           d.
           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
           1
           s.
           out
           of
           which
           he
           paid
           sometimes
           8
           d.
           sometimes
           9
           d.
           to
           the
           Master
           .
           In
           the
           time
           of
           H.
           5.
           the
           King's
           Seigniorage
           of
           every
           pound
           weight
           of
           Silver
           was
           15
           d.
           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
           
           
             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
           
           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
           .
        
         
         
           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
          
           
           
             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
           
           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
           donque
           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
           
           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
           
           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
           .
        
         
         
           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
           
           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
           tout
           
           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
           
           tanq
           .
           
             9
             E.
             3.
          
           quant
           l'ounce
           del
           Silver
           fuit
           tallie
           in
           26
           pence
           que
           proportion
           fuit
           
           continue
           tanq
           .
           
             2
             H.
             6.
          
           quant
           l'ounce
           del
           Silver
           fesoit
           32
           pence
           ▪
           Et
           cest
           iusque
           al
           
             5
             E.
             4.
          
           quant
           fesoit
           40
           pence
           .
           Et
           cest
           iusques
           36
           H.
           8.
           quant
           il
           prepare
           son
           journy
           al
           Bulloigne
           &
           donque
           fuit
           divide
           en
           45
           pence
           .
           Que
           continue
           iusques
           al
           
             2
             El.
          
           quant
           l'ounce
           de
           pure
           Silver
           fuit
           tallie
           en
           
           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.
           
        
         
           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
           
           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
           Vnciam
           ;
           &
           duodecim
           Vnci●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
           ,
           
           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
           
           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
           
           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
           .
        
         
           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
           
           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
           
           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
          
           100
           
             l.
             ad
             Scalam
          
           ,
           which
           
           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
           20
           s.
           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
           6
           d.
           in
           the
           Pound
           (
           which
           was
           the
           
             Solutio
             ad
             Scalam
          
           ,
           as
           before
           is
           mentioned
           .
           )
           And
           thus
           frequently
           occurs
           in
           the
           Pipe-rolls
           ,
           
             In
             Thesauro
          
           100
           
             l.
             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
             ,
          
           
           
             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●
           
           
             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
           
           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
           
           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
           every-where
           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.
          
           5
           
             s.
             blanc
             .
          
           )
           But
           if
           a
           Royalty
           or
           Franchise
           were
           onely
           granted
           ,
           then
           the
           general
           reservation
           of
           so
           much
           Rent
           ,
           was
           to
           be
           blanc
           
           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
           12
           d.
           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
           
           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
           12
           d.
           in
           the
           Pound
           :
           So
           that
           that
           Person
           upon
           whom
           there
           was
           reserved
           5
           
             l.
             blanc
          
           was
           to
           pay
           5
           l.
           5
           s.
           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
           
           &
           quinque
           Libras
           blanc
           ,
           quoe
           extensoe
           sunt
           ad
           ▪
           centum
           quadraginta
           &
           unum
           Libras
           ,
           &
           quindecim
           Solidos
           .
        
         
           
             In
             Compoto
          
           Bedf.
           &
           Bucks
           ,
           13
           E.
           3
           Nic.
           Passelew
           de
           18
           l.
           4
           s.
           4
           
             d.
             numero
             pro
          
           17
           l.
           7
           
             s.
             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
           100
           
             l.
             blanc
          
           be
           reserved
           ,
           there
           is
           answered
           at
           this
           day
           in
           the
           Receipt
           105
           l.
           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
           12
           d.
           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
           .
        
         
           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
           .
        
         
         
           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
           
           100
           men
           12
           d.
           for
           a
           fat
           Ox
           12
           d.
           &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
           .
        
         
           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
           
           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
           
           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
           
           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
           
           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
           
           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.
             
          
           
             
             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
             ,
             Here
             's
             ’
             ,
             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
             .
          
           
             
             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
           ▪
        
         
         
           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
           
           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
           
           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
          
           2
           s.
           and
           sometimes
           a
           Mark
           
             ▪
             pro
             mi'a
             Comitatus
          
           ,
           sometimes
           
           10
           
             s.
             quia
             retraxit
             se
             ,
             Demimark
             .
             De
             pretio
             bonorum
             per
             distringas
             demimark
             .
             Pro
             transgressione
          
           2
           
             s.
             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
           100
           l.
           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
           
           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
           100
           l.
           6
           s.
           8
           
             d.
             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
           
           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
           
           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.
          
           
        
         
           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
           
           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
           
           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
           .
        
         
         
           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
           
           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
           
           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
           
           Comitatus
           in
           most
           Counties
           ,
           vi●
           .
           where
           there
           were
           Firmes
           of
           these
           dif●ering
           natures
           ,
           and
           they
           are
           then
           thus
           noted
           ,
           viz.
           
        
         
           
             
               De
               Corpore
               Comitatus
            
             .
             100
             l.
             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
           .
           
           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
          
           
           ●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
           
           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
             ’
             100
             l.
             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.
           
        
         
           
           
             De
             Firma
             Comitatus
             100
             l.
             
          
           
             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
           
           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
          
           372
           l.
           14
           s.
           6
           d.
           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
          
           369
           l.
           19
           s.
           11
           d.
           bl
           .
           
             Et
             de
          
           79
           l.
           8
           s.
           1
           
             d.
             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
          
           369
           l.
           19
           s.
           11
           d.
           bl
           .
           &
           de
           108
           
             l.
             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
           
           
           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
          
           372
           l.
           14
           s.
           6
           
             d.
             de
             Firma
             Com
             ’
          
           .
        
         
         
           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
           .
        
         
         
           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.
          
           
        
         
           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
           .
        
         
         
           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
           
           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
           .
        
         
         
           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
           
           written
           ,
           viz.
           in
           this
           manner
           .
        
         
           
             De
             remanente
             Firme
             de
             Com
             ’
             100
             l.
             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
           
           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
           
           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
           .
        
         
         
           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
           
           de
           180
           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
           
           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
           ,
           
           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
           
           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
          
           
           
             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
           
           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
           .
        
         
           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
           
           
             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
           
           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.
           
        
         
         
           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
           
           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
           
           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
           
           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
           
           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
           
           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
           
           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
           .
        
         
           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
           
           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
           .
        
         
           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
             
             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
               Firma
               
                 perprestur
              
               &
               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
             ,
             
             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
             
             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
             
             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
             Common-wealth
             ,
             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
             ,
             
             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
             ,
             
             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
             
             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
           
           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
           
           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
           
           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.
           
        
         
         
           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
             
             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
             
             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
           
           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
           
           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
           
           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
           
           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
           .
        
         
         
           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
           
           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
           
           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
           
           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
           .
        
         
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A44301-e570
           
             Dy.
             6.
             
             &
             ●
             Ed.
             6.
             
          
           
             ●astal
             Money
             .
             345.
             
          
           
             Davies
             24.
             
          
        
      
    
  

