It is conceiued vpon the Reasons follow­ing, that this Grant can be no Mono­polie, or Grieuance to the Subiect.

FIrst, That cannot be termed a Grieuance in any Kingdome, which hath no other end, or whose chiefe and principall end and obiect is to discouer frauds, errors, and corruptions, and to giue euery one that which is his due: but this is that, and all, and onely that, which by the said Patent is granted, and authorized to be done: Therefore it is conceiued, that this grant can be no Grieuance.

Secondly, This Graunt can be no Mono­poly, in regard the Patentee doth not incroach vpon other mens Liberties, or Priuiledges, ei­ther in barring any from the like discouerie, or hindering of their benefite, if his Maiestie shalbe so pleased as to bestow any vpon them for the like Discouerie. Wherefore, &c.

And to conclude, seeing this Grant contei­neth nothing in it but a power to detect fraud, and abuse in Sheriffes Accompts, and to pro­secute in His Maiesties Name, and bring into His Maiesties coffers the money thereupon due to His Maiestie, which hath these many yeeres by past beene wrongfully kept backe: And that all Lawes, Statutes, and generall [Page 5]Pardons leaue such like frauds, deceits, and a­buses to be inquired of, and the crime puni­shed by Fine, or otherwayes, rather then to be pardoned, or any part of the due debt remit­ted: It is conceiued that this Grant, so warran­ted by the Lawes and Statutes of this King­dome, agreeable with equitie and Iustice, and conformable to the daily practise and cōmon experience of all Nations and people amongst themselues mutually, in matters of Com­merce and Accompts (from whence it is prouerbially spoken, that false reckoning is no payment) cannot bee called a Monopolie or Grieuance.

That a Sheriffe may lawfully in some Cases be brought in Debet de Remanente compoti sui, and called to render an Accompt for moneys due to the Crowne after the suing foorth his Quietus est, and that such their case hath beene that are now questioned vpon the discouerie made in the Pipe, it is manifest by the reasons following.

A Quietus est, as it is taken in the Accompt of Sheriffes, (for in other cases it is other wayes vnderstood, and in other wordes ex­pressed) being nothing else but the duplicate, or transcript of the Record of the Sheriffes [Page 6]Accompt, (warranted onely by the subscrip­tion of the Clerke of the Pipe, or some infe­riour Clerke or Attourney there in their seue­rall Diuisions) cannot rightly be said to be a generall Pardon, Discharge, or Release of all matters, and Demands concerning the same Accompt, (accompted for, misaccompted for, or not accompted for:) for that it conteineth in it selfe no one word of Generall, or Finall discharge, but onely for so much, and so farre foorth, as thereby appeareth to haue beene therein duely charged, and accompted for, and either payd by the Sheriffe, or set off from him by good Warrant, and vpon true Infor­mation, as illeuiable or dischargeable: So that if it shall afterwards appeare, that the said Sheriffe hath made a false, or corrupt Ac­compt, either by Nichelling what hee, or his Deputie hath receiued, (which is too too fre­quent amongst them:) or not duely answering that which vpon his owne confession and ac­compt hee standeth charged withall, and ac­knowledged to haue receiued; or by combi­ning with the Clerke, or Officer who maketh his accompt: or taking aduantage of Errours committed through the Clerkes default, in not fully charging, or vndue discharging the said Sheriffe: or by some other such like collu­sion, practise, or sinister meanes betwixt the Clerke, or other Officer, and the Sheriffe, in falsifying, corrupting, miscasting, and misac­quiting the said Sheriffes Accompts, and the [Page 7]Records of the same. It is conceiued, That this sinistrous forme of dealing can be no barre or hinderance to his Maiestie, but that he may lawfully (notwithstanding any such false, or corrupt Accompt, and the Quietus est there­upon obtained,) giue authoritie either by Pa­tent, or otherwise to any his Officers, Ser­uants, or Subiects, yea without any Patent, or new Authoritie, by his ordinarie Officers, to sue and call for his due debt, and a better ac­compt also, if it shall be requisite.

If a Sheriffe bee ouercharged by the Totall of his Totts of the Pipe, Greene waxe, or any other part of his Accompt, and that the error be discouered before he haue finished his Ac­compt, and bee dismist out of Court: the Clerke of the Pipe, vpon examination, or cer­tificate thereof, doth Ex officio discharge so much against the King, and rectifie the Ac­compt. Likewise after the Sheriffe is dismist, if he shall make it to appeare that by errour he hath been ouercharged, or payd more to the Crowne then his due debt, the Clerke of the Pipe doth by the ordinary course of the Ex­chequer cast vp, record, and enter in the foote of such Accompt, that such Sheriffe Habet in superplus: such a summe, and the law and course of the said Court, prouide, that vpon a Re­cord of Remembrance made, testifying the same, and that the Accomptant challengeth repayment thereof, hee shall haue the same superpluss. repaid him, vpon such other Ac­compt [Page 8]as hee shall desire. By the like reason it is conceiued to be lawfull for the Clerke of the Pipe, though a Sheriffe be cast out of Court (if it shall appeare afterward, that through fraud or errour hee was not fully charged, or hath byn vnduely discharged) to cast vp, & en­ter the said debt to bee put in processe for the King against the said Sheriffe, and rectifie the said Accompt. Thus was (amongst others) Sir Philip Constable, Sheriffe of the Countie of Yorke, in the xxxiij. yeere of the late Queene ELIZABETH, after he had been acquited in the Great Roll of the fortieth yeere of the said late Queene, and had his Quietus est, vpon reuiew, and better examination, brought in Debet fourescore and thirteene pounds, and thereof threescore pounds was paid in the ninth yeere of his Maiesties Reigne. And that there may be iust cause so to doe, is sufficiently approued by that, that vnder-Sheriffes, and other the parties themselues, sithence the said Discoue­rie, and vpon this course of proceeding, haue already payd one thousand Markes into the Receipt, acknowledged to haue beene wrong­fully kept backe from his Maiestie by errour vpon Accompt. And securitie is giuen, and promised for paiment of one thousand, and three hundred pounds more, that in like man­ner hath been fraudulently discharged against the Crowne, and is confessed by the Delin­quent. And as cōcerning the other Sheriffs and Accomptants, to whom Letters and Pro­cesse [Page 9]haue beene directed almost two yeeres since vpon this Discouerie, for the like debts, there hath not as yet beene sufficient matter shewed by any of them to discharge any part thereof against the Crowne.

Moreouer, it seemeth most warrantable, iust, and equall, that Processe hath beene awarded against these Sheriffes for certaine summes de Remanente compoti sui; because by the same Accompts, as they are entred vpon the Re­cord, and haue beene compared with the ori­ginall Records of the Charge, and Discharge of the said Accompts, there yet euidently re­steth a Debt due by them of the Remainder of their said Accompts, notwithstanding they are said to be in Habet, or Quietus est, in the Foot of their Accompts in the great Roll. So that they are not called to a new Accompt for mo­neys they haue Nichelled, or vnduely set from them, (for which neuerthelesse vpon proofe made of the Receipt thereof, no man doub­teth but the Sheriffe is alwayes liable to make satisfaction, and subiect to censure,) But are required to make a iust Accompt, and pay­ment of so much of the Debts taken in charge by them, as by their owne accompt appeareth they haue receiued, & are not set from them: Notwithstanding the same by fraud, or error hath euer since beene kept backe from His Maiestie; against which they can plead no former satisfaction, because it was neuer made a debt, or required of them before. Where­upon [Page 10]it followes, that this hath beene a disco­uerie of lawfull, and good consequence, ra­ther to be aduanced and furthered, then sup­prest, to the end (as in all other cases of fraud, abuse, and error) the King may haue an ho­nest Accompt of His iust debt, and the Re­cords be purged of those falsities and forge­ries, the like whereof, the care and conscience of former ages neuer left them stained, or de­faced with.

The trueth of all which allegations, vpon further examination of the particular Ac­compts in question, the Patentee by himselfe, his counsell, or deputies (if it shall be required) shall make more clearely appeare by the Re­cords themselues.

And where it hath been desired by some of the high Sheriffes, (by whose Accompts it appeareth the King hath been defrauded by vndue allowances taken, and made by the Vn­dersheriffes, & Officers;) That the said Vnder­sheriffes and officers should onely be charged, and answere therefore to the Crowne, in re­spect the high Sheriffe knoweth nothing thereof, nor is any wayes accessary to any such fraud, or confederacie: It is conceiued that so to transferre His Maiesties debt, were nothing safe for the Crowne, neither agree­able to law, and equitie, forasmuch as the high Sheriffe onely is the Kings immediate Officer, and consequently liable to giue an acompt of the Reuenue incident to his charge, [Page 9] [...] [Page 10] [...] [Page 11]and in all equity to answere the Kings Maie­stie such summes of money as his Vndershe­riffes, Bayliffes, and others substituted, and authorised by him, haue receiued and misac­compted for; which the high Sheriffes well vnderstanding, vse to take good bonds, and securitie from their Vndersheriffes to saue them harmelesse, and for the most part keepe the said bonds alwayes by them, after they haue receiued their Quietus est, for that in com­mon experience they see they are subiect to such after reckonings. And vpon suits com­menced vpon such occasions diuerse great summes of money haue beene recouered by the high Sheriffes, from their Vndersheriffes and their Sureties, by the awards of the Courts of Iustice; As was by Sir Christopher Hilliard, Knight, about the second yeere of his Maiesties Reigne, from the sureties of Stephen Hill, late Vndersheriffe to Sir Christopher Hilli­ard, Knight, deceased, Sheriffe of the County of Yorke, in the xxxviij. yeere of the late Queen, of some one hundreth, of some two, of some sixe hundreth pounds. And as concerning the Officers or Clerkes (whose doings in some cases cannot bee excused) though the Sheriffe be not bound to answere for their faults, yet hee is to answere the King such of his Maiesties monies as he hath paid, or deli­uered vnto them, or others, (being not appoin­ted Receiuers thereof) vpon their meere mo­tion, suggestion, or perswasion, without any [Page 12]lawfull warrant from His Maiestie, or such as he hath authorised to giue warrant: and that the rather because it is not probable, especially where the summes are great (as in the Case of Sir Christopher Hilliard) that the Vndersheriffe, or other Accomptant, could bee meerely chea­ted, but rather had the greatest share of the monies so fraudulently kept backe from the Crowne.

And finally, it seemeth, the Sheriffes, if they haue been wrongfully distreined, or troubled by processe through any Officers default (without which it cannot bee) neede not mo­lest the high Court of Parliament with their Complaints, for that in such case the ancient lawes of this Kingdome allow them treble Dammages, &c.