Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	high_a	lord_n	steward_n	3,887	5	11.1026	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A33630	The compleate copy-holder wherein is contained a learned discourse of the antiquity and nature of manors and copy-holds, vvith all things thereto incident, as surrenders, presentments, admittances, forfeitures, customes, &c. necessary both for the lord and tenant : together, with the forme of keeping a copy-hold court, and court baron / by Sir Edward Coke, Knight.; Complete copy-holder	Coke, Edward, Sir, 1552-1634.	1641 (1641)	Wing C4912; ESTC R1843	72,284	184

that by the generall Custome of every Manor are imployed as necessary Instruments in Customary admittances and will cursarily examine the extents of their authorities and the qualitie of their offices The persons I ayme at are these 1. The Lord. 2. The Steward 3. The Vnder-Steward SEC XLIV THe Lords Authority consisteth chiefely in these foure things 1. In punishing offences and misdemeanors committed within his precincts as not performance of Customes breach of By-lawes not discharging of du●ies and such like 2. In deciding controversies arising about the Title of Copyhold-Land lying within his bounds and when he sitteth as Judge in Court to end debates of this nature he is not tied to the strict forme of the Common Law for he is a Chancellor in his Court and may redresse matters in Conscience upon Bill exhibited where the Common Law will afford no remedy in the same kinde as to insist in one familiar example If I surrender a Copyhold to the use of a stranger upon confidence that such debts being by me discharged he shall surrender backe this Copyhold I upon discharge of the debts demand a surrender and he refuseth at the Common Law I were left remedilesse this being a bare confidence and no Condition but upon Bill exhibited in the Lords Court I shall be relieved for the Lord upon proofe of the matter may seize the Copyhold and readmit me according to the effect of the Confidence 3 In admitting Copyhold And in this Customary power of admittance the Lord doth somewhat outstrippe the Steward for the Lord may make either admittances upon voluntary Grants Co. 4 fo 27. admittances upon surrrenders admittances upon discents in any place where he pleaseth out of the Manor but so cannot the Steward and in giving Licence to Copyholders to aliene by deede and in this point of Licence the Lords authority doth exceede the Stewards authoritie for though some are of opinion that it is both usuall and warrantable for the Steward of a Manor in absence of his Lord to Licence a Copyholder in full Court to aliene by Deede for as many yeares as he shall thinke good because he is Judge in the Court and besides the entry of it in the Court Roll is in this manner Ad hanc curiam P.S. petit Licentiam Domini dimittendi c. Cui Dominus licentiam dat c. and therefore this Licence being granted in the Lords name in full Court the Lord shall never enter for a forfeiture but shall ever be estopped to say the contrary but that he did give licence yet under reformation be it spoken I must mistrust the truth of this opinion for this power of Licensing Copiholds to alien by Deede is not Customary for then it were as proper to the Steward as to the Lord but it is a power of interest annexed to the person of the Lord in respect of his estate in the Manor and not in any other Collaterall respect and therefore if the Steward having a bare authority to execute what the Custome of the Manor doth warrant sans doubt hee cannot virtute officii grant any unwarrantable Licence to aliene by deede no more than to commit waste for the one act as well as the other tendeth to the breach of Custome and both of them without a sufficient allowance amounts to the forfeiture of a Copyhold but by expresse words in the Stewards Patent or by speciall authority given him by the Lord or by some particular Custome warranting the same the Steward may in Court lawfully Licence Copyholders to aliene as well as the Lord may And thus much of the Lord. SEC XLV STeward is derived from those two words Stede and Ward and so any that doth supply anothers place or that is in any imployment deputy to another may according to the true sense of the word be termed a Steward as the high Steward of England because the King appointeth him in divers matters to exercise his place and so the under Sheriffe may be termed by the name of the Sheriffes Steward being his Deputy and how properly the Lords Steward is so named any man may judge by this that the whole authority of the Steward is derived from the Lord as from the Head and not only so but withall he representeth the Lords persō in many imployments for in the Lords absence he sitteth as judge in Court to punish offences determine controversies redresse injuries and the like and further some things he performeth in the Lords name and not in his owne name for if the Steward admitteth any Copyholder or by speciall Authority or particular Custome licenceth a Copyholder to aliene this admittance and licence shall be made in the Lords name and the entry in the Court Roll shall be Quod Dominus per Senescallū admisit licentiav●t and not that the Steward did admit or licence therefore fithence the Steward hath this measure of authoritie and confidence committed unto him the Lord shall doe very well to be very carefull in making choise of his Steward for if he be defective in any one of these three qualities Knowledge Trust or Diligence the Lord may be much prejudiced and damnified therefore Fleta wisely giveth the Lord this counsell Fleta l. 2. c. 6. Provideat sibi Dominus de Senescallo circumspecto fideli pacifico modesto qui in legibus consuetudinibusque provinciae Domini sui in omnibus tueri affectet quisque Ballivos Domini in sui● erroribus ambiguis sciat instruere docere quique egenis parcere nec prece vel pretio velit à tramite justitiae deviare pervense judicare These Stewards for the most part have Patents for their Offices yet they may be retained by paroll this reteiner by paroll is as effectuall in all points before discharge as the most effectuall institution by Patent for a Steward thus retained may take surrender out of Court or make voluntary admittances or any other Act incident to the office of a Steward Co. 4. fo 30. b. as well as a Steward instituted by Patent But in the Kings Manors a Steward cannot be retained by paroll by the mouth of the Auditor or Receiver but to make the Stewards authoritie currant Co. 4. fo 30. a. especially to make voluntary admittances it is necessary he have a Patent and then by vertue of his Patent without any speciall Authority or particular Custome he may justifie the making of any voluntary admittance upon Escheates or forfeitures or the doing of any Act belonging to his Office but though hee may Ex officio doe those things without speciall warrant yet dutie bindes him before he make any voluntary admittance to informe the Lord Treasurer of England the Chancellor and Barons of the Exchequer or any of them for his better direction and the Kings better benefit the Law is not very curious in examining the imperfections of the Stewards person nor the unlawfulnesse of his authoritie for be he an