Acts and Ordinances of the Interregnum, 1642-1660. Originally published by His Majesty's Stationery Office, London, 1911.
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[7 November, 1650.]
Fees for Lords of Manors in passing their Accompts in the Exchequer.; Penalty for taking greater Fees then are here prescribed.
Whereas several Charters of Manors or Liberties have been heretofore granted to Archbishops, Bishops, Deans, Deans and Chapters and to divers other persons, whose several Rights, Titles and Interests therein, either by Ordinances or Acts of Parliament have been setled and vested in Trustees, and by them conveyed away, or otherwise have by Descent or mean Conveyances, come to several other persons; by which Charters there are granted to the Lords and Owners of the said Manors or Liberties, all Fines, Postfines, Issues, and Amerciaments, and divers other casual Profits and Emoluments, happening, accrewing and arising within the said Manors or Liberties, to their own proper Uses, which ought to be duly certified and estreated into the Court of the Publique Exchequer, and there set over to the Lords and Owners of the said Manors or Liberties, for the Easing of the said Lords and Owners, and such others as shall hereafter become Owners or Purchasers of the said Manors and Liberties, and their Bayliffs in the Charge of passing their Accompts for the same in the said Court for the future, Be it Enacted by this present Parliament, and the Authority thereof, That from and after the Three and twentieth day of October, 1650. no Officer or Clerk of the said Court of Exchequer shall demand, receive or take of any Lord or Owner of any Manor or Liberty, or of his or their Bayliff, any other or greater Fee or Fees, for or by reason of his or their yearly Accompt, then as are hereafter in this present Act limited and appointed; that is to say, For the Warrant of Attorney for taking the Bayliffs Oath, Eight pence; For administring the Oath, Four pence; To the Forein Opposer for his Fee for every Liberty, six shillings eight pence; To him for every Schedule ad Colligendum two shillings; To his chief Clerk for every Liberty, twenty pence; To the Clerk of the Estreats for every Liberty, three shillings and four pence; and for the Seal for the Green Wax, four pence; To the Clerk of the Pipe for examining the Accompt, and signing the Quietus est, twelve pence, and to his Clerk for Ingrossing the Quietus est, one shilling six pence; To the sworn Clerk that putteth in the Proffer, twelve pence for every Proffer: And if any Officer or Clerk shall demand, receive or take any other or greater Fee or Fees then as aforesaid, for and in respect of any such Bayliffs Accompt, he or they so demanding, taking or receiving, or neglecting, upon tender of the said Fees to the said Officer or Clerk, to perform their respective Duties, to the speedy passing of the said Accompts, and setting over unto the respective Owners of the said Manors and Liberties, what belongs unto them as aforesaid, shall for every such Offence lose and forfeit the sum of Ten pounds to the Lord or Owner of the said Manor or Liberty, to be recovered by Action of Debt at the Common Law.
Clerk of Assize not to take off any Fine, without Order of Court.
And be it further Enacted and Ordained, That no Clerk of Assize or Clerk of the Peace do or shall, from and after the Eight and twentieth day of November, 1650, take off any Fine or Amerciament, unless it be by Rule or Order in Court, or by Warrant first had and obtained from and under the Hand or Hands of such Judge or Judges as set the same, but shall for every such Offence forfeit and pay the sum of Ten pounds, the one moyety thereof to the benefit of the Commonwealth, and the other moyety to such person or persons as shall or will sue for the same by Action of Debt; in which no Wager of Law shall be allowed.
All Fines, Issues &c. to be duly estreated and certified.
And be it also Enacted by the Authority aforesaid, That all and every Clerk of Assize, Clerk of the Peace, and Clerks to any Commission of Sewers, do truly and duly estreat and certifie (into the said Court of Exchequer) all Fines, Issues, Amerciaments and Forfeitures whatsoever, that are or hereafter shall be set or imposed upon any person or persons by any Judge or Judges of Assize in their several Circuits, or by any Justices of the Peace at the several Quarter-Sessions, or by any Commissioners of Sewers, or that shall happen before them or any of them, and shall not be moderated or discharged during the same Sessions in open Court, or that shall not be moderated or discharged by the Judge or Judges that set the same the next Term after such Fine, Issue or Amerciament set or imposed; and that all and every the Officers and Clerks of the Courts of Westminster-Hall, to whom it shall appertain, do likewise from time to time truly and duly estreat into the said Court of Exchequer, all Fines, Post-fines, Issues, Amerciaments and Forfeitures that are or shall be forfeited by, levyed or set upon any person or persons before or by any Judge or Judges of the said Courts respectively, and shall not be moderated or discharged as aforesaid; And every person and persons making default herein, shall for every such Default lose and forfeit treble the value of such Fine, Post-fine, Issue, Amerciament or Forfeiture concealed, or not certified by him or them as aforesaid, the one moyety thereof to the benefit of the Commonwealth, and the other moyety to any person or persons that shall or will sue for the same.
Lords not compellable to plead Charters, &c.
And be it further Enacted by the Authority aforesaid, That no Lord or Owner of any Manor or Liberty, shall after the Inrolment of his Charter of Liberties, or of his Deed or Grant whereby he claimeth the same, in the said Court of Exchequer, be compelled to plead the said Charter of Liberties, or Deed, or Grant, either in the said Court of Exchequer, or in the Upper-Bench, but that upon producing of such Charter of Liberties, Deed or Grant so In rolled, or the Exemplification thereof, the Court shall proceed therein, as if the same had been pleaded.
Pretended Franchises not confirmed.
Provided, That this Act, nor any thing therein contained, shall not extend, or be construed to extend to the establishing or confirming of any pretended Liberties, Priviledges or Franchises which have not been exercised and enjoyed by any Lord of such Liberty or Franchise within Ten years before the beginning of this present Parliament.