Charles II, 1670 & 1671: An Act for the better and more certaine Recovery of Fines and Forfeitures due to his Majestie.

Recital of ancient Statutes as to Estreats of Fines, and that Abuses had arisen in respect thereof.

All Fines, Post Fines, Issues, and other Sums of Money forfeited in the K.B., C. P., or Exchequer, to be certified twice every Year into the Exchequer; from the beginning of Hilary Term to the beginning of Trinity Term; from the beginning of Trinity Term, to, the beginning, of Hilary Term.; Penalty £50.

Whereas by diverse Statutes in old time made, it was provided That the Estreats of Fines, Issues, Amerciaments and other Forfeitures should be certified and delivered into the Exchequer yearely, and that from thence the Estreates of the Summons should goe forth through all Shires for leavying thereof, Since the makeing of which Lawes many are [the (fn. 1) ] abuses and mischeifes arisen and practised, not onely by the not timely certifying and estreating the said Fines and Forfeitures, but alsoe by the sinister practice, amongst Officers in spareing, dischargeing and not certifying at all, or if they doe certifie, yet by miscertifying and estreating the said Fines and Forfeitures, in, and into the said Court of Exchequer. For remedy whereof, and mischeifes of like kinde Bee it enacted and ordained by the Kings most excellent Majestie, by and with the advice and consent of the Lords Spirituall and Temporall and the Commons in Parlyament assembled, and by the authoritie of the same That from henceforth all Fines, Post Fines, Issues, Amerciaments forfeited, Recognizances, Summe and Summes of Money paid, or to be paid in liew or satisfaction of them or any of them, and all other Forfeitures whatsoever which already are, or hereafter shall be sett, imposed, lost or forfeited in his Majestyes Courts of Kings Bench, Common Bench or Exchequer, shall be certifyed and estreated in, and into the said Court of Exchequer twice in every yeare yearely (that is to say) All Fines, Post-Fines, Issues, Amerciaments forfeited, Recognizances, Summe and Summes of money paid, or to be paid in liew or satisfaction of them or any of them, and all other Forfeitures whatsoever ariseing in any of the said Courts from the begining of every Hillary Terme in every yeare to the begining of every Trinity Terme in every yeare, shall be, and are hereby ordained to be certyfyed and estreated in, and into the said Court of Exchequer the last day of every Trinity Terme in every yeare. And all Fines, Post Fines, Issues, Amerciaments forfeited, Recognizances, Summe and Summes of Money paid, and to be paid in liew or satisfaction of them or any of them, and all other Forfeitures whatsoever ariseing in any of the said Courts from the begining of every Trinity Terme in every yeare to the begining of every Hillary Terme in every yeare shall be in like manner certifyed and estreated in and into the said Court of Exchequer the said last day of every Hillary Terme in every yeare on paine that every Officer and Minister, of, or belonging to the said Courts or any of them, to whome it doth, ought, or shall belong or appertaine, to make Certificate, or Estreate of any of the said Fines or Forfeitures, makeing defaulte, or offending [therein, (fn. 2) ] to forfeite and pay fifty pounds for every such defaulte or failer that shall be made in certifying and estreating as aforesaid; The one moyety to the use of his Majesty his Heires and Successors, and the other moyety to such person or persons that shall or will sue for the same in any Court of Record by Action of Debt, Bill or Information wherein hoe Wager of Law, Essoine or Protection shall be allowed.

II. Proviso for the Course now used in certifying, &c. Issues from C. P., &c.

Provided alwayes That noe thing in this Act contained shall alter or change the course now used in the certifying and estreating of Issues from the said Court of Common Bench, nor of Fines Pro licentia concordandi, coo[m]monly called Post Fines, being Termly certifyed and estreated into the said Court of Exchequer, nor the Termly estreating of Issues certifyed out of the Office of Pleas belonging to the said Court of Exchequer to the Clerke of the Estreats there.

III. All Fines, &c. before Judges of Assize, &c. from Michaelmas to Easter, to be in like Manner certified,

before Trinity Term; From Easter to Michaelmas.; before Hilary Term.; Penalty £50.

And bee it further enacted and ordained by the authority aforesaid That all Fines, Issues, Amerciaments forfeited, Recognizances, Summe and Summes of Money paid or to be paid in liew or satisfaction of them or any of them, and all other Forfeitures whatsoever which already are or hereafter shall be sett, imposed, lost or forfeited by or before any Judge or Judges of Assize, Clerke of the Market, or Coo[m]mis[sion]ers of Sewers throughout the Kingdome of England, shall be, and are hereby ordained to be certifyed and estreated into the said Court of Exchequer twice in every yeare yearely (that is to say) all Fines, Issues, Amerciaments forfeited, Recognizances, Summe and Summes of Money paid or to be paid in liew or satisfaction of them, or any of them, ariseing or happening in any of the said Courts last mentioned, or before any Judge or Judges of the same from the Feast of Saint Michaell the Arch Angell in every yeare, to the Feast of Easter in every yeare shall be certifyed and estreated in, and into the said Court of Exchequer, before the first day of Trinity Terme in every yeare; And all Fines, Issues, Amerciaments forfeited, Recognizances, Summe and Summes of Money paid, or to be paid in liew or satisfaction of them or any of them, ariseing or happening in any of the said Courts last mentioned, from the said Feast of Easter in every yeare to the said Feast of Saint Michaell the Arch Angell in every yeare shall be certifyed and estreated into the said Court of Exchequer before the first day of Hillary Terme in every yeare, on paine that every such person and persons, to whome it doth, ought, or shall belong or appertaine, to make Certificate; or Estreates of the said Fines or Forfeitures makeing defaulte herein, to forfeite and pay fifty pounds for every such default or failer, that shall be made in certifying and estreating as aforesaid, the one moyety to the use of his Majestie his Heires and Successors, and the other moyety to such person or persons that shall or will sue for the same in any Court of Record, by Action of Debt, Bill or Informacion wherein noe Wager of Law, Essoine or Protection shall be allowed.

IV. Clerks of the Peace and Town Clerks to deliver to Sheriff a Schedule of Fines, &c.

And return a Duplicate of such Schedules into the Exchequer.; Penalty £50.

And bee it further enacted and ordained by the authority aforesaid That all and every the Clerke and Clerkes of the Peace and all Towne Clerks and every of them within the Kingdome of England doe, and shall make and deliver to the Sheriffe or Sheriffes of the County, City or Towne-Corporate where the Sessions of the Peace is or shall be kept within twenty dayes after the nine and twentyeth day of September in every yeare yearely, a true or perfect Estreate or Shedule of all Fines, Issues, Amerciaments forfeited, Recognizances, Summe and Summes of Money, and other Forfeitures whatsoever that are, or shall happen to be imposed, sett, lost or forfeited in any of the said Sessions of the Peace respectively, which shall be held before Michaelmas by or upon any person or persons whatsoever due to his Majesty. And also doe and shall [yearely and every (fn. 3) ] yeare on or before the second Monday after the morrow of All Souls make and deliver into the said Court of Exchequer a true and perfect Duplicate Certificate and Estreate of all such Estreats and Schedules soe delivered to the respective Sheriffes [as (fn. 3) ] aforesaid, that soe the respective Sheriffes on their Apposalls in the said Court of Exchequer may be charged with the moneys leavyed and received by him or them respectively, upon such Schedules delivered as aforesaid, on paine that every such person and persons offending herein for every such defaulte or failer made to forfeite and pay fifty pounds, the one moyety to the use of his Majesty his Heires and Successors, and the other moyety to such person or persons that shall or will sue for the same, to be recovered in any Court of Record by Action of Debt, Bill, or Information, wherein noe Essoyne, Protection or Wager of Law shall be allowed.

V. Officers not to withhold or conceal Fines, &c.

nor miscertify, &c. Fines, &c. into the Exchequer; Penalty.

And bee it further enacted and ordained by the authority aforesaid That noe Officer or Minister of or belonging to any of his Majesties Courts of Kings Bench, Common Bench, or Exchequer, nor any Clerke of Assize, Clerke of the Peace, Towne-Clerke, nor any Officer or Minister under them or any of them, nor other person or persons whatsoever doe, or shall spare, take of, discharge, or wittingly or willingly conceale any Indictment, Fine, Post fine, Issue, Amerciament forfeited, Recognizance, or other Forfeiture whatsoever exhibited, sett, imposed, lost or forfeited, [or to be exhibited sett imposed lost or forfeited (fn. 3) ] in any of the said Courts before mentioned of before any Judge or Judges of or belonging to the same, or any Summe or Summes of money paid or to be paid to any Officer or Officers in liew or satisfaction of any Fine or Forfeiture, unlesse it be by Rule or Order in Court where such Indictment, Fine, Post fine, Issue, Amerciament forfeited, Recognizance or other Forfeiture is or shall be exhibited, sett, imposed, lost or forfeited; Nor shall any of the said Officers or Ministers aforesaid or any of them, [or (fn. 4) ] any other wittingly or willingly miscertifie or estreate in, or into the said Court of Exchequer any Fine, Post fine, Issue, Amerciament forfeited, Recognizance or other Forfeiture whatsoever whereby the Processe of the said Court of Exchequer for the leavying of the same may be made invalid and of none effect but every such Officer and Officers and all and every other person and persons offending herein, shall for every such Offence forfeite and pay treble the value of such Fine, Post fine, Issue, Amerciament forfeited, Recognizance, Summe and Summes of money and other Forfeiture soe spared, taken of, discharged, concealed, not certifyed or estreated, or miscertifyed or estreated as aforesaid; the one moyety thereof to the use and behoofe of his Majestie his Heires and Successors, and the other moyety to such person or persons as shall or will sue for the same in any Court of Record, by Action of Debt, Bill or Information wherein noe Wager of Law, Essoigne or Protection shall be allowed. And alsoe shall lose his and their Office and Place and be for ever incapeable to be imployed in any Office or Place where any part of his Majestyes Revenue is to be managed or paid.

VI. Upon all Certificates, &c. of Fines. &c. into the Exchequer, the Summons of Green Wax to go forth for the levying of the same.

And lastly Bee it enacted and ordained by the authority aforesaid That where any Fine or Fines Summe or Summes of money or other Forfeitures due to his Majestie his Heires or Successors shall from henceforth at any time or times be paid to any Sheriffe, Clerke of Assize, Clerke of the Peace or other Officer or Minister whatsoever, belonging to any Court or Courts, and be according to the intent and directions of this Act certifyed and estreated, in or into the said Court of Exchequer, there and in such case the Summons or Processe of the Greene wax shall goe forth, and be awarded to the respective Sheriffes against such Officer and Officers and other persons, to whome such Fine or Fines, Summe or Summes of Money or other Forfeiture is or shall be soe paid for the leavying and receiveing of the same, That soe it may appeare, when, to whome, and how such moneys are received, answered and paid to his Majestie his Heires and Successors, Any Custome or Usage to the contrary notwithstanding.

VII. Proviso for Rights and Liberties.

Provided alwayes and bee it enacted by the authority aforesaid That nothing in this Act contained shall in any sort extend, or be construed to extend to the prejudiceing of the Rights and Priviledges of any Bodyes Politique or Corporate or their Successors, or of any Lord or Lords of any Mannour, Liberty, or Franchise whatsoever, Any thing herein to the contrary thereof in any wise notwithstanding.

VIII. Proviso for the City of London.

[Provided alwayes and bee it enacted by the authority aforesaid That nothing in this Act contained shall extend to, or be any wayes prejudiciall to the Rights, Customes, Priviledges, Liberties, Charter or Charters of the City of London, But that the said City may enjoy the same accordingly as they formerly have enjoyed the same in all respects and to all intents and purposes whatsoever in the same manner and forme as they before this Act had enjoyed the same, Any thing herein contained to the contrary thereof in any wise notwithstanding. (fn. 5) ]

IX. Continuance of Act.

And bee it further enacted by the authority aforesaid That this Act shall continue for three yeares, and from thence untill the end of the next Session of Parlyament, and noe longer.