Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	bishop_n	pope_n	time_n	3,262	5	3.6734	3	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A09904	Direction for search of records remaining in the chancerie. Tower. Exchequer, with the limnes thereof viz. The Kings remembrancer. Lord Treasurers remembrancer. Clarke of the Extreats. Pipe. Auditors. The first fruits. Augmentation of the reuenue. Kings Bench. Common Pleas. Records of courts Christian. For the clearing of all such titles, and questions, as the same may concerne. With the accustomed fees of search: and diuerse necessarie obseruations. Cui author Thomas Powell, Londino-Cambrensis.	Powell, Thomas, 1572?-1635?	1622 (1622)	STC 20166; ESTC S115034	19,939	102

THE COVRT OF COMMON PLEAS THE Records of the Common Pleas are Pleadings vpon all Actions whatsoeuer Reall and Personall Which may bee pleaded at the Common Law The Records kept in the Treasurie of this Court are as ancient as from the beginning of King Henry the fourth till this present Tenne of the last yeares Records lye abroad The former yeares are shut vp Before the foure and twentieth yeare of our late Queene Elizabeth the Reall Actions and the Personall went promiscuously together But since that time The Kings Siluer and Fines Assizes Formedons All Reall Actions Deeds inrolled Protections All these were seperated from the Personall Actions The Fees of Search in the Common Pleas. For search of euery Terme lying abroad iiij d For search of euery Terme lockt vp iiij s For opening the Treasury Doore iij s To conclude take direction from the Prothonotories Docquets and Remembrancers to direct you in the Treasurie for latter times RECORDS OF COVRTS CHRISTIAN I Meane not to discourse euery particular Court or Office in this kinde but onely to pursue my Scope proposed in the Frontispice hereof for clearing of Titles Within which limitation these Records doe especially offer themselues viz. Testaments and Administration of Goods c. Presentations and Confirmations Immunities Priuiledges and other Rights of Prescription TESTAMENTS AND ADMINISTRATIONS ALL Wills and Testaments of the Defunct are proued recorded either with the Register of the 1. Prerogatiue 2. The Proper Diocesse 3. The Peculiar or 4. The Visitant for the present THE PREROGATIVE IN all cases where the Defunct hath or had Goods Chattels Credits or other Personall Estate to the value of fiue pounds or vpwards at the time of his Decease out of the Diocesse where hee liued and was resident or died the Will of the Defunct is proued and recorded in the Prerogatiue for the whole Estate The Records of the Prerogatiue are as ancient as vntill Septimo Richardi secundi Anno Domini 1383. And it hath none more ancient as appeares by their Kalenders which are exceeding well made vp and disposed For all such Wills as are of more antiquitie you shall search for them with the generall Register of the Arch-bishop in whose Office both these Businesses were carryed till the diuision of the same made at the time aforesaid ADMINISTRATIONS THE same Rules and Obseruations are to bee held in matter of Administration of Goods c. THE PROPER DIOCESSE IN case where the whole Personall estate of the Defunct doth or did at the time of his Decease remaine or bee within the Diocesse where hee liued and was resident or died so that the value of fiue pounds or vpwards thereof is not or was not at such time in any other Diocesse the Will of such Defunct is proued and recorded in the proper Diocesse with the Register of the Arch-Deacon or his Officiall of course or the Commissarie And in the Bishops Visitation with his Chancellor or Commissarie with reseruation onely to the peculiars together with the benefit of generall Visitation Note that by reason of the familiaritie betweene the Bishops Commissarie and the Arch-Deacon commonly you may finde Wills not being of Prerogatiue nature so soone sometimes with the one as the other The like Rule is of Administrations in the Diocesse Onely note That sometimes you shall finde Wills proued and Administration granted in seuerall Diocesse quoad vnto seuerall parts or parcels of the estate of the Defunct lying and being at the time of his death so separate and diuided And sometime those which of right are proued or granted and recorded in the Prerogatiue to be likewise called to be proued or recorded in the proper Diocesse For such Wills as fall in time of Visitation either of the Arch-Bishop or the Bishop of the Diocesse you must search for them according to the Rule of their times and yeares of Visitation wherein they are very certaine And as I take it heretofore when the Pope had power of Visitation in England hee tooke likewise Probate of Wills c. Which may be very well now missing inter alia OBSERVATION You shall note that there be some Wills of the deceased which cannot be found with the Register of any Court Christian and yet are extant in the Chaple of the Rolls of Chancerie or the Tower in their Offices post mortem And lastly some Wills which cannot bee found either with Register of Court Christian or in Chancerie may in case inter alia where the deceased hath deuised any thing to any Societie or Bodie Politique bee found inrolled in the House Colledge Hospitall Hall Abbey c. to whom such things were deuised or amongst the Records of such Societies dissolued or amongst the Euidences of such as vnto whom the same things so giuen haue sithence come if you pursue the same And this shall suffice for Wills and Testaments wherein I onely write mine owne Practice PRESENTATIONS AND CONFIRMATIONS NEXT there are with the Register of the Courts Christian Presentations Confirmations To Spirituall Promotions being eyther Proper to the proper Patron or Accidentarie by Lapse 1. For the proper Presentation search with the Register of the Bishop or of the Deane and Chapter in cases where they haue the Propertie originally and the Record thereof is to be found with them respectiuely 2. And with the Bishops Register onely in case the Presentation falls vnto him by Lapse 3. But in case where any other priuate Patron doth present in his owne right in his due time the best light for discouerie thereof is by the Induction and sometimes by the confirmation of such Grants 4. Or in cases where the King presents by Lapse or Omission in the Bishop search in the Chancerie and generally in most cases search in the First Fruits CONFIRMATIONS COnfirmations are for the most part with the Bishop of the Diocesse And you shall find before the Dissolution of the Abbeyes that Spirituall Liuings or Promotions were seldome giuen to any Religious House but that the Patron of the same House confirmed it and kept Record thereof IMMVNITIES THERE are next with the Registers of Courts Christian Records of Immunities Priuiledges Rights of Prescription granted to Bodies Politique or Priuate As For exemption from paying of Tithe at all For paying of a Rate Tithe For paying or doing somewhat in stead of Tithe For exemption from comming to the Parish Church For exemption from diuers other Duties as Watch Ward and others of diuers other sorts For Peculiarities For Priuiledges of diuerse kinds For Faculties of diuerse natures And these by custome and continuance haue attained to such reputation that notwithstanding the Records should bee lost yet the Remembrance or Prescription of them holdeth his wonted force and validitie And which is most strange to me that notwithstanding there bee many times in many cases Records to cleare the Prescription in question yet in pleading they doe often vse no other argument but the memorie of Man which may erre And therefore I could wish that the seuerall Registers of all Diocesse would collect all such Records that thereof there might bee a perfect Volume digested for Succession But alas if most of these Immunities Priuiledges and Rights were graunted at the first and generally afterwards confirmed by the Popes Visitant in England as I partly know and am otherwise induced to beleeue the same Where may I then say these Records are to be found so perfect as at Rome Where I haue heard credibly that they bee very carefully preserued at this houre and would if they might be had cleare many tedious and expensiue Suits for matter of Prescription And if they whom it chiefely concernes would be at the charge thereof I durst vndertake with Gods assistance to bring them all exemplified faithfully into England within three yeares Thus omitting to speake of any Record concerning Matters of Matrimonie which is Twynne with matter of Contract hauing no other naturall Mother then Court Christian because it is euery mans Learning I passe it ouer with all other their Records which tend not to the enucleating of Title and Estate And if any one answer that the Confirmation or Nullitie of Marriage toucheth many an ones Free-hold and personall Estate very neerely and therefore would not bee so slightly pretermitted I reply touching Marriages questionable vpon Propinquitie of Blood Pre-contract want of Age in eyther partie indirect accomplishment Disparitie want of Consummation or Disabilitie of the Minister marrying the parties with the like proceedings tending to Separation or Nullitie you shall search in the Proper Diocesse generally and sometimes with the Register of the High Commission But the Misdemeanors themselues in surreptitious Marriages are of later times for the most part to be found in the Star-chamber And for the Solemnization of the Marriage it selfe search the Parochiall Register Which because it is sometimes vncertaine in regard that the Marriage performed by Facultie of Licence may alter the place it were not amisse that all Church-Wardens might be enioyned to present quarterly euery particular Marriage celebrated in their Parishes respectiuely THus hauing brought the execution and intention of these Labours into a Circle presuming that you will not in Title of Coppy-hold require mee to open that of which for the most part your Steward of the Mannor and certaine of the Coppy-holders keepe the Keyes Neyther to informe you in the Customes Liberties or Priuiledges of Cities and Townes Corporate which your Librarie-Keeper or other Officer who keepes the Treasurie of all the same Records in their common Guild-Hall can onely shew you especially for the Customes of the Citie of London whereupon old Dunthorne and their Liber Albus doe most excellently treat I rest Sub rostro Cyconi● FINIS

meane time are either with the Riding Clarke who is one of the six Clarks of the Chancerie and takes his turne to doe that seruice for his yeare that is to haue the controlling of all Grants which passe the Great Seale Or else if they be past him they are in the Office of the Petty Bagge As are Inquisitions post Mortem and diuerse the like till they can be transmitted to the Chaple of the Rolls And yet the Clarkes of the Chaple can as sufficiently make the said search for you as any other and for the like Fee c. Further obserue that there be diuerse Inquisitions post Mortem which are not to bee found in the Chancerie at all by reason of some Omissions and yet notwithstanding are to be found in the Exchequer by reason of the correspondencie betwixt those two Courts as I shall shew in his place hereafter And for such Omissions yee may redresse them by transmitting the said Records by Certiorare out of the Exchequer vnto the Chancerie as occasion shall require Further if you haue occasion to haue a Copie of any Patent Roll or Bundle to plead or shew in Euidence you must eyther exemplifie the same or else at least take a Copie of the whole Record though there bee many other things contayned in the same which concerne not your present purpose or businesse and haue the same exactly examined that Oath thereof may be made at the pleading of the same Besides that it must be subscribed by a Clarke of the said Office vpon such examination by him so made DIRECTIONS FOR THE exemplifying of any thing vnder the Great Seale EXEMPLIFICATION IF any Grant which hath beene past the Great Seale be inrolled and containe more mens Estates then one Which Originall Grant can remaine but in one mans hands Or in case where the Originall is lost you would exemplifie the same you must first search in the Chaple of the Rolls for the Inrolment thereof which being found any Clarke of the Office may engrosse the same And when it is engrossed you must get it examined with the Inrolment by two Masters of Chancerie who must testifie their said Examination vnder their hands And then it being readie for the Great Seale you must beare the Docquet thereof vnto the Lord Chancellor or Lord Keeper of the Great Seale to examine and peruse the same Which being by him allowed it may passe the Great Seale and bee exemplified Where note that you may exemplifie nothing of course but what is inrolled though it be amongst the Bills signed or by neglect or chance be omitted out of the Inrolment Neither can an Inrolment be altered in case where the Originall and Inrolment agree not though by the fault of the Clarke who inrolled and ingrossed the same without extraordinary and most curious examination of all the great Officers of the Chancerie at the least if so c. Fees of search in Chancery For search of any thing in the Index or Kalender xij d For sight of euery Record you call for by the Index or Kalender iiij d For copying of any thing you pay for euery Sheet viij d For the Hand of the Clarke to any thing you coppy ij s Fees of Exemplification For euery Skin of Parchment which the Grant containeth xxvj s viij d For the two Masters of the Chancerie their Hands to it iiij s For the Seale to it xx s vj d For deliuering of the Docquet xij d Out of the foresaid generall Rule I must except such things as are not in the Kalender as the Bundles called Breuia Regis Foreigne Rolls and the like the search whereof is very vncertaine and intricate For in those searches your Fee must answer the Clarkes extraordinarie paines c. THE TOWER OF LONDON THE Office of Records of the Tower of London is a Member or Limme of the Office of the Rolls of Chancerie and was made and ordayned onely to receiue all the old Records from the Chaple of the Rolls of Chancerie at such times as the Master of the Rolls should thinke fit to disburden the Chaple and send such Rolls as whereof there is lesse vse by reason of their Antiquitie ouer to the Office of the Tower The Records in the Office of the Tower begin with some part of King Richard the third and so extend backward towards the Conquest howsoeuer it hath but few Records more ancient then of King Iohn and Henry the second The Records contayned in the Office of the Tower are the like generally and of those kindes as are the Records formerly declared to be in the Rolls of the Chancerie viz. The like Patents and Commissions The like Close Rolls of all sorts The like Bundles of all sorts The Office of the Tower by reason of the antiquitie of Records contayned in it hath some Records the like whereof are not in the Chaple of the Rolls viz. The Taxation of the Spiritualtie A Booke of Taxation taken vpon the Suruey of the Spiritualties of England or all the Spirituall Liuings Whereof there is one likewise remayning with the Kings Remembrancer of the Exchequer Taxation of the Temporaltie A Booke of Taxation taken vpon the Suruey of the Temporalties of England or all Temporall Liuings diuided into their seuerall Denaries But whether this latter Booke be a Record or no I make question it being brought thither of late times by a Clark of that Office and as I heare likely to be carryed away againe if not alreadie gone There is also the ancient Perambulations of Forests Parliament Businesse There be likewise diuerse Parliament Businesses the like whereof are not in the Chaple of the Rolls Foreigne Rolls There be likewise diuerse Rolls of Foreigne Businesses the like whereof are not in the Chancerie The Obseruations concerning the Omissions or not inrolling of some Offices and Patents are the like as in the Chaple of the Rolls and their remedies the like The Correspondencie the like betweene this Office and the Exchequer And to conclude there be some Records in the Tower which because there is no order taken for the reducing of them into Kalenders and their distinct Classes can neyther be by me nor any other here or elsewhere demonstrated It were to be wished that some course might be taken in time for the repayring of those Records which are worne out with their Antiquitie before it be too late and past remedie It is the generall Cause therefore would haue the helpe of the generall Purse in that behalfe The Fees for search in the Tower For search of any thing by Kalender or without x s And if you haue once payd the Fee of search you may for the same Fee search for the same thing so often and so long as vntil you be reasonably well satisfied with some consideration to be had respectiuely first and last to the Clarkes paines In all other things as Coppy Hand Exemplification And generally as in the Rolls of Chancerie aforesaid THE EXCHEQVER