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 shal be 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 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 common 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 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 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 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 concerning the other Sheriffs and Accomptants , to whom Letters and Processe 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 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 , 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 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.