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EXCHEQUER

Volume 7 · 1,041 words · 1797 Edition

the British jurisprudence, an ancient court of record, in which all causes concerning the revenues and rights of the crown are heard and determined, and where the crown revenues are received. It took this name from the cloth that covered the table of the court, which was party-coloured, or chequered.

This court is said to have been erected by William the Conqueror, its model being taken from a like court established in Normandy long before that time. Anciently its authority was so great, that it was held in the king's palace, and the acts thereof were not to be examined or controlled in any other of the king's courts; but, at present, it is the last of the four courts at Westminster.

In the exchequer, some reckon seven courts, viz. those of pleas, accounts, receipts, exchequer-chamber (which is an assembly of all the judges on difficult matters in law), errors in the exchequer, errors in the Exchequer, king's bench, and, lastly, the court of equity in the exchequer.

But the exchequer, for the dispatch of business, is generally divided into two parts; one of which is chiefly conversant in the judicial hearing and deciding of all causes relating to the king's coffers, formerly termed the exchequer of accounts; the other is called the receipt of the exchequer, as being principally employed in receiving and paying of money.

Officers of the receipt may take one penny in the pound, as their fee for sums issued out; and they are obliged, without delay, to receive the money brought thither; and the money received is to be put into chests under three different locks and keys, kept by three several officers. All sheriffs, bailiffs, &c. are to account in the exchequer; and in the lower part, termed the receipt, the debtors of the king, and persons in debt to them, the king's tenants, and the officers and ministers of the court, are privileged to sue one another, or any stranger, and to be sued in the like actions as are brought in the courts of king's bench and common-pleas.

The judicial part of the exchequer, is a court both of law and equity. The court of law is held in the office of pleas, according to the course of common law, before the barons; in this court, the plaintiff ought to be a debtor or accountant to the king; and the leading process is either a writ of subpoena, or quo minus, which last goes into Wales, where no process out of courts of law ought to run, except a capias utlagatum.

The court of equity is held in the exchequer chamber before the treasurer, chancellor, and barons; but, generally, before the barons only: the lord chief baron being the chief judge to hear and determine all causes. The proceedings in this part of the exchequer are by English bill and answer, according to the practice of the court of chancery; with this difference, that the plaintiff here must set forth, that he is a debtor to the king, whether he be so or not. It is in this court of equity that the clergy exhibit bills for the recovery of their tythes, &c. Here too the attorney-general exhibits bills for any matters concerning the crown; and a bill may be exhibited against the king's attorney by any person aggrieved in any cause prosecuted against him on behalf of the king, to be relieved therein; in which case, the plaintiff is to attend on the attorney-general, with a copy of the bill, and procure him to give in an answer thereto; in the making of which he may call in any person interested in the cause, or any officer, or others, to instruct him, that the king be not prejudiced thereby, and his answer is to be put in without oath.

But, besides the business relating to debtors, farmers, receivers, accountants, &c. all penal punishments, intrusion, and forfeitures upon popular actions, are matters likewise cognizable by this court; where there also sits a puisne-baron, who administers the oaths to high sheriffs, bailiffs, auditors, receivers, collectors, comptrollers, surveyors, and searchers of all the customs, &c.

The exchequer in Scotland has the same privileges and jurisdiction as that of England; and all matters competent to the one are likewise competent to the other. Exchequer, Black Book of the Exchequer, is a book under the keeping of the two chamberlains of the exchequer; said to have been composed in 1175 by Gervais of Tilbury, nephew of king Henry II. and divided into several chapters. Herein is contained a description of the court of England, as it then stood, its officers, their ranks, privileges, wages, perquisites, power, and jurisdiction; and the revenues of the crown, both in money, grain, and cattle. Here we find, that for one shilling, as much bread might be bought as would serve 100 men a whole day; that the price of a fat bullock was only 12 shillings, and a sheep four, &c.

Chancellor of the Exchequer. See Chancellor.

Exchequer-Bills. By statute 5 Ann. c. 13, the lord-treasurers may cause exchequer-bills to be made of any sums not exceeding 1,500,000 l. for the use of the war; and the duties upon houses were made chargeable with 4l. 10s. per cent. per annum to the bank for circulating them. The bank not paying the bills, actions to be brought against the company, and the money and damages recovered: and if any exchequer-bills be lost, upon affidavit of it before a baron of the exchequer, and certificate from such baron, and security to pay the same if found, duplicates are to be made out: also when bills are defaced, new ones shall be delivered. The king, or his officers in the exchequer, by former statutes, might borrow money upon the credit of bills, payable on demand, with interest after the rate of 3d. per diem for every 100l. bill. And by 8 & 9 W. 3. c. 20, an interest of 5d. a-day was allowed for every 100l. But 12 W. 3. c. 1, lowered the interest on these bills to 4d. a-day per cent. And by 12 Ann. c. 11, it is sunk to 2d. a-day.—Forging exchequer bills, or the indorsements thereof, is felony.