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A14970 The second part of Symboleography, newly corrected and amended, and very much enlarged in all the foure seuerall treatises. 1. Of fines and concordes. 2. Of common recoueries. 3. Of offences and indictments. 4. Of compromises and arbitrements. Wereunto is annexed another treatise of equitie, the iurisdiction, and proceedings of the high Court of Chauncerye: of supplications, bils, and aunsweres, and of certaine writs and commissions issuing thence, and there also retornable: likewise much augmented with diuers presidents, very necessary for the same purpose, beginning at the 144. section, and continuing to the end of bils and aunsweres. Hereunto is also added a table for the more easy and readie finding of the matters herein contayned: the new additions hauing therein this marke * set before them; Symbolaeographia. Part 2 West, William, fl. 1568-1594. 1601 (1601) STC 25278; ESTC S119713 604,936 622

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praecipimus quod omnia terras ten̄ta quae ●adem E. sic tenuit in dotem de haereditate p̄dicta in balliua tua c. per sacramentum c. diligenter inquiras quas terras quae tenementa eadem E. sic tenuit in dotem de haereditate p̄dict̄ in balliua tua die quo obijt quantum inde de nobis tenetur in capite quantum de alijs per quod seruitium c. If the Queene haue the wardship of a reuersion and the tenant for life die then thus Quia A. quasdam terras quaedam tenementa de haered ' E. consanguinei haered ' H. de P. defuncti qui de rege tenuit in capite infra aetatem in custod ' regis existent̄ tenuit ad terminum vitae suae Diem clausit extrem̄ c. tibi praecipimus c. After the death of the tenant by the Curtesie thus Quia A. qui quasdam terras quedam ten̄ta de nobis tenuit per legem Angliae de haered ' M. vxoris suae dudum defunctae Diem clausit extremum tibi praecipimus c. But if the Queene haue a remainder and her tenaunt for life dieth then must the Writ be thus Quia A. quae fuit vxor c. qui quasdam terras quaedam tenementa tenuit ad vitam suam quae post mortem ipsius A. nobis haered ' nr̄is remaner̄ debent Diem clausit extremum c. tibi praecipimus c. qui eadem sic tenuit quae post mortem c. remaner̄ debent c. vel sic post mort̄ praedict ' B. ad manus nostras ratione minoris etatis praefat̄ haered ' deuener̄ c. But if the temporalties of a Bish be in the Queenes hands and one that holdeth of the Bishopricke by knights seruice dieth the Diem clausit extremum must be thus Regina c. Quia A. de Archiepiscopatu Cantuar̄ vacant̄ in manu nostra existent̄ tenuit per seruic ' militare Diem clausit extremum c. tibi praecipimus c. de quibus idem A. fuit seisitus in dominico suo vt de feodo c. tenuit de Archiepiscopatu praed ' sine dilatione c. But if the Queenes Idiot die the writ must be such Quia B. de C. nuper fatuus Idiota cuius terrae ten̄ta ratione fatuitatis eiusdē B. in manu nr̄a existunt diem c. vt accepimus tibi p̄cipimus quam ꝑ sacrament̄ c. diligenter inqui●as quae terrae quae ten̄ta ratione fatuitatis p̄d ' B. in manū nr̄am capta fuerunt adhuc in manu nr̄a existunt de quo vel de quibus teneantur ꝑ quod seruitiū quantū terrae illae valeant c. quis propinquior c. inquisit̄ c. Datur nobis intelligi ANd if the Eschea●or receiue a Diem ciausit extremum and die Sect. 195. or be otherwise remoued from his office before execution thereof then issueth a writ of Datur nobis intelligi in this forme Regina c. Cum nuper datur nobis intelligi quod I. de B. qui de nobis tenuit in capite Diem clausit extremum praeceperimus dilect ' nobis W. de O. nuper Eschaetori nr̄o in comitatu praedict ' quod omnia terras tenements c. vt supra Mutatis mutandis Ac idem W. ab offic ' praedict̄ iam sit amotus per quod executio breuis nostri praedict̄ fieri non potest Nos super praemissis volent̄ cerciorari Tibi praecipimus quod persacramentum c. diligenter super praemiss facias inquisitionem etiam distincte c. T. c. Or thus Regina dilecto c. Cum nuper datur nobis intelligi quod I. de B. qui de nobis tenuit in capite Diem clausit extremum praeceperimus dilecto fideli nostro H. de B. nuper Eschaetori nostro in eodem Com̄ quod omnes terras c. sine dilatione caperet in manum nostram c. donec aliud inde praecepissemus per sacramentum c. inquiret quantum terrae c. vt in primo breui Ac idem H. antequam praedict̄ breue fuerat executum ab officio praedict̄ fuerat amotus Nos volentes super praemissis plenius cerciorari ●ibi praecipimus quod super articulis praedict ' eorum singulis diligenter facias inquisic ' eam distincte aperte fact ' c. vt supra c. But if the first Escheator execute the writ and die before the inquisition ●e returned into the Chauncery then a Certiorare shall be awarded to his Executors or Administrators to certis●e the same inquisition for it is a matter of Record so soone as the Iurors haue found and sealed it Of a Mandamus IF the Kings tenant by Knights seruice die his heire within age and Sect. 196. no writ of Diem clausit extremum be awarded within a yeare after his death then shall issue a Mandamus in this forme Rex dilecto sibi W. de B. Eschaetori suo in com̄ B. Salutem Praecipimus tibi quod per sacramentum proborum legalium hominum de balliua tua per quos c. diligenter inquiras quas terras quae ten̄ta I. de B. tenuit de nobis in capite tam in dominico quam in seruitio in balliua tua die quo obijt quātum de alijs per quam seruitium quantum terrae ten̄ta illa valeant per annum in omnibus exitibus quo tempore idem I. obijt quis propinquior c. cuius aetatis quis vel qui terras ten̄ta illa a tempore mortis praed ' occupauit vel occup̄ exitus proficua inde praecepit vel praeceperunt quo titulo qualit̄ quo modo c. Et inquisitionem c. THe heire shall haue but one writ of Diem clausit extremum only Sect. 197. within a yere after his auncesters death But where thancester died ward to the Queene and within age for then a new Diem clausit extremum shall be a warded a yeare after the Infants death and not a Mandamus per Regist fol. Of Commissions after the death of the Queenes tenant ALso the heire of the Kings tenant by Knights seruice in chiefe Sect ' 198. may sue forth a speciall Commission directed to certaine persons to inquire what lands c. as aboue in a Diem clausit extremum which Commission will he as beneficiall for the heire as a Diem clausit extremum For vpon Inquisition taken by such a Commission retornable into the Chauncerie ●e may haue Liuerie at his full age But he shall neuer haue Liuerie vpon a generall Commission to inquire of all Wardes c. Quae plura THis writ lyeth when any of the Heires lands be omitted in a former Sect. 199. office or
and daily Orator G. N. of T. in the Countie of D. yeoman that whereas your said Orator about the moneth of Ianuary in the xxx yeare of the Raigne of our Soneraigne Lady Elizabeth the Queenes Maiestie that now is by his seuerall bodds or writings obligatory became bonnd to one N. D. now deceased for the paiment of seuerall summes of money vnto the said N. All which said summes of money and euery parcell thereof your said Orator hath truely satisfied and paid to the said N. D. in his life time according to the purport and effect of the said seuerall bondes and writings obligatorie not taking any of the specialties or any acquittance or discharge from the said N. D. for the same but onely trusted the wordes of the said N. D. who faithfully promised your said Orator to sende the same specialties to your said Orators house at Totley aforesaid or sufficient acquittance for the same But now so it is if it may please your good Lordshippe that since the death of the said N. D. the saide obligations and writings obligatory are come to the handes and possession of N. C. of S. in the Countie of Yorke yeoman and T. C. of S. aforesaid yeoman who by colour of hauing thereof haue nowe of late in their owne names as executors to A. D. late wife of the said N. D. and cxecutrix of the last Will and Testament of the same N. commenced suit in her Maiesties Court of common Plees at Westminster against your Lordships said poore Orator vpon one of the said obligatious or writings obligatory of the summe of xii pounds or thereabouts indorced with condition for the payment of sixe pounds at a day mentioned in the same condition and doe threaten to put the residue of the said specialties in suite against your said Orator meaning and intending thereby to recouer against your said Orator the penalties of the said seuerall obligations and writings who hath already paide the principall and due debts of the said N. D. in his life time as aforesaid which is contrarie to all right equity and good conscience in codsideration whereof and for as much your Lordships said Orator hath not any witnesses now liuing that can testifie the paiment of any of the saide summes of money or any part or parcell thereof and therefore can not plead any matter in barre at the common law to the said actions alreadie commenced by the said C. and C. whereby your said Orator by the strict course of the common lawes of this Realme is altogether remedilesse vnlesse your Lordships accustomed goodnesse be to your said poore Orator extended May it therefore please your good Lordship c. A Bill against executors vpon a priuate promise made by their testator retayning an Atturney to prosecute and defend suits for himselfe and others alleaging that the executors haue wasted the Testators goods c. HVmbly complaining sheweth vnto your honorable Lordship your Sect. 103. daily Orator W. W. of F. in the County of Y. gentleman one of the Atturneies of the Queenes Maiesties Court of common Plees before her Highnesse Iustices to be holden of the same Court that whereas one I. M. of T. neere N. in the County of Nottingham Esquier deceased in his life time that is to say about y● terme of the holy Trinity which was in the yeare of o●r Lord God 1586. did retaine the said W. W. to be of councell with him the said F. M. to prosecute and defend duers and sundry suites plees and businesses to be done and had in the said Court of common plees as well for the said F. M. as for diuers others his then seruants and bailifes and tenants and namely for the said I. M. against R. E. in a writ of Repleuin for three Kine of the said R. supposed to be vniustly taken and detained by the said I. M. And for the said I. M. against H. T. in a Repleuin of the said H. for sixe Oxen supposed to be taken vniustly detained by the said I. M. And for the said I. M. against I. H. in a Repleuin for two Kine of the said I. H. supposed to be taken vniustly detained by the said I. M. And for the said I. M. against E. S. in a Repleuin of certaine cattell of the said E. supposed to be taken vniustly detained by the said I. M. And for R. R. and W. S. against R. L. for three Oxen of the said R. H. supposed to be taken and vniustly detained by the said R. R. and W. S. And for I. S. and R. S. against H. T. alias W. in a Repeuin for certaine beasts of the said H. S. supposed to be taken vniustly detained by the said I. S. and R. S. And for R. R. and W. S. against R. H. in a Repleuin of diuers beasts of the said R. H. supposed to be taken vniustly detained by the said R. R. W. S. And for I. S. T. W. against T. E. in a Repleuin of certaine beasts of the said T. E. supposed to be taken vniustly detained by the said I. T. W. And for the said I. S. and T. W. against the said R. E. in an other repleuin of certaine beasts of the said R. E. supposed to be taken vniustly detained by the said I. S. T. W. taking for his fee labour for euery one of the said plees busines so as is said in the same court by him to be prosecuted and defended for euery terme in which your said Orator should so be Atturney for him or them or any of them 3. s̄ 4. d And besides that fee all reasonable costes and expences about the prosecution of the same suites plees and businesses as for the writing of writs sealing of them and drawing and entring of plees and warrants of atturney and also for all other things in that behalfe by him your said Orator be laid forth and expended and in consideration thereof he the said F. M. did about the same time assume vpon himselfe and vnto your said Orator faithfully promise well and truely to content satisfie and pay vnto the said orator whensoeuer he should be thereunto required by your said orator aswel the said fee of 3. s̄ 4. d for euery of the said suits plees businesses so to be prosecuted as also all the said costs and expences so as is aforesaid to be laid forth in that behalse by reason of which reteiner promise so as is aforesaid made your said Orator was of counsaile with the said I. M. and the said other persons in the said suits plees in the said court by the space of 8 seueral termes next ensuing the said retainer during the said time did prosecute and sue for defend diuers suits writs aswell iudiciall as originall as by the records thereof remaining in the said court appeareth by reason wherof your Orator fees for the prosecution and defending of the saide suits or plees by