Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	fee_n	simple_a	tail_n	1,656	5	9.7489	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A90208	The practice of the Exchequer court, with its severall offices and officers being a short narration of the power and duty of each single person in his severall place. Written at the request of the Lord Buckhurst, sometime Lord Treasurer of England. By Sr. T.F. Whereunto are added the rules and orders of proceedings by English bill.	Osborne, Peter, 1521-1592.; Fanshawe, Thomas Fanshawe, Viscount, 1596-1665, attributed name.	1658 (1658)	Wing O527; Thomason E1928_1; ESTC R8740	61,106	176

perill that shall fall thereof Hee thereupon by his booke called the scroule of accounts made out of the Rolls of profers and out of any other part of the yearly remembrance called Dies datus vicecom et Escaet ad Computand post profra every Michelmas Terme doth call all Sheriffs Bayliffs and Escheators of the year last past to account some Cr. Sc. Michis some tres septiman Sc. Micahis some Mense Micahis some Cr. Simon et Jude some Cr. annimarum some Cr. Martini some Octabis Hillarii some Cr. Hillarii some Quinden Hillarii some Cr. Purific and some Quinden Pas as every of these severall dayes of prefixion of ancient have been set by the Court and as they thought they should be able to overcome and finish their Accounts He out of the Originall of the Chancery the Roll of proffers Dies dat Viceom Escaet the scroule of Accountants and other Records both preceding and following thereupon doth make a yearely Booke called the Roll of Writs that is a part also of the yearly Remembrance made in his Office in which he enrolleth all Briareturnabil de Term. Hillar Pascae sectae Trinitatis sectae Michaelis every year some from the Originall some from all the parts of the yearely Remembrance that is made with him some from the transcript of Offices yearely streated into his Office out of the Chancery some from Offices found before the Escheator Virtute officij and certified to him from the debts of the Pipe put in his booke called Nomine Escaet ceduta Pipae and some from the streat of Common Pleas called the Fynes He out of the Originall from all Receivers Bayliffs Reeves Collectors and Beadles Patents of any the Kings Lands or Tenements doth inroll and write Venire facias ad computand or distringas ad reddend compotum from all grants of Honors Castles Lordships Mannors Lands and Tenements granted by the Prince to any for life in fee simple fee taile generall or speciall he doth inroll and write Distringas ad faciend fidelitatem ad faciend homag fidelitatem or a Writ of Reversion when the taile is spent and otherwise as the case requireth from all Denizenships he maketh a Distring as ad faciend homag from all custodies of Lands and Tenements or Farmes hee doth inroll and write Distringas ad faciend fidelitatem or homag fidelitatem or ad respondend de velevijs from all pardons of Outlawries Attainders Felonies Murders Treasons Misprisions of Treasons He doth inroll and write Distringas ad respondend de omnieo quod ad Regem pertinet c. velcertiorari quae bona catalla A. B. habuit c. From all licences of alienations hee doth inroll and write Distringas ad faciend fidelitatem or ad audiend terminand He doth inroll and write Writs of Restitution of any Temporalties He doth inroll and write Distringas ad reddend comp de exitibus temporal c. and Cercioraries sometimes Quis recepit exitus et profit temporal c. He from the sayd Roll of proffers doth inroll and write against such as pay not their profers Infra mensem c. capias pro contemptu with a Fierifacias pro proffera Hee from the sayd scroule of Accounts grounded upon Dies datus aforesayd every Michaelmas Terme against Sheriffs that make default at their days of prefixion doth make a Record of five pounds for every day of payment after hee makes default while four dayes next be past which is set down in the Pipe to be charged upon them or is levied upon a Fierifacias except the Princes Letter come aforesayd for the discharge of such Amerciament and then he doth inroll and write out an attachment for his Body Goods Chattells Lands Tenements while he cometh into account and putteth in Bayle to end and finish the same and against all Bayliffs of Liberties that make like default hee enrolleth and writeth out like Attachment as hee did before against the Sheriffs Hee from Commissions that is a part of the yearly Remembrance layd in his Office and made by Warrant or commandement of the Court or upon some other dependency of Record Ad inquirend Ad faciend Ad Exequend Ad perinplend Ad recipiend or Ad certificand doth enroll processe and Writs out of the same against the Commissioners thereof Ad liberand Inquisitiones ad certificand ad comput and or alia faciend as the matter offereth He upon the Communia that is the severall Records of all the pleas put in every Terme within his Office and another part of the sayd yearly Remembrance doth inroll processe and doth write the same against the partyes whom they concerne Adfaciend sidelitatem homag sidelitatem magn Serjantians et parvam Serjantians et ad respondend c. as the severall Statutes and judgements of the same doth require He even so doth inroll processe and writ out of the same from all other parts and titles of their Remembrance and from all other Records rising in his Office are brought into the same of such kind and mature as the matter in them by the course in the Court doth require He upon all these processes that do thus issue out of his Office doth admit every man to plead in discharge of any of them that hath cause and matter and by the course of the Court is bound thereunto but no first Patent of Lands or Tenements or he that sueth a license of alienation or a pardon of Alienation or Livery speciall or generall or an Ousterlemaine or after the course of the Chancery that is streated as afore in the yearely originall is compelled or suffered to plead upon any such first processe inrolled upon the same and written out by every of them are admitted to do their fealty or to pay their fine for a respit of homage at any Terme they come in after the same sent forth and so keeping still the payment of the same Fine every fifth Terme they have processe made out against the same Land their fine is made for but their fifth terme homage written to put them in Remembrance of the payment of their fine while either they be returned dead or Nihil habet in the same Land He upon all such Returns of Mortuus or Nihil habet from the Originall or of like service of Writs from pleas or any other Record in his Office doth strait write out the next Term after such Return a Dic. tenents of the same Land the Tenant is returned Mortuns est or Nihil habet c. for the answering of the which the party that is returned the now tenant of the said land must shew he hath therefore a licence of Alienation or a pardon of Alienation or a livery generall or speciall or an Ousterlemaine or after the course of the Chancery by which he entred and he must plead either the same or some generall pardon that will serve for his discharge or otherwise with the Nec non ad ostendend goeth current still every

he likewise maketh stay and Supersedeas by Warrant and Award of the Barons as aforesaid He entreth Judgment according as the Lord cheife Baron and Barons of the Court Commandeth him of all Pleas dependingon his side both for the king and the partie though the Kings learned Councell would willinglie have the Judgment goe otherwise He entreth Judgement of his owne Authoritie by the Ancient Course of the Court of Pleas of Course and whereof there are dayly Presidents which were not able otherwise to be overcome if they should be read and followed openly in the Court He sendeth the red Book by one of his Clerkes with the fourth Baron most Commonly and in his absence with the next Baron into the Kings Bench and Common Pleas in the Terme time to remove any matter sued there against any Officer Minister Servitor or any of their men or any Accomptant there that prayeth his priviledge in time of any of the same Court upon which said red Booke shewed and the parties soe testified by the Baron to be of the Court as aforesaid his Priviledge is ordinarily allowed He receiveth into his Office all the Certificates of the Subsides Fifteens Tenths granted to the Prince by Parliament and certifieth unto the Exchequer whereupon he maketh his two Bookes called The States of Subsidies and the State of Fisteens in which is entred the Collectors names and for what places with the summe totall of every Certificate as they doe come in with their payments agreeable thereunto soe are they trossed and entred cleere that otherwise stand open while the money is payed and discharged He sendeth every Hillary and Trinitie T●r●e severall parchment Bookes to all the Customers Controllers Survaiors and Searchers of the Parts and Creekes through England to make the first and second halfe yeares Entries in the same of the Kinges Majesties Customes and Subsides and the Cocketts thereof according to certaine late orders in the late Queens time sent unto them thereof And likewise every Michelmas and Easter Terme he receiveth the same by the Oath again of the said Officers in open Court or before some one of the Barons out of the Court that they have made all true Entries in the same and as they ought to have done He receiveth from some one of the three Barons and of the Auditors of the Court Attending on them all Sheriff forraign accounts Collectors accounts of Subsidies and Fifteens and the Cofferers accounts which he taketh the Accomptants name with his addition of account and the summe totall and the debts of the same and so putteth every of them ever by himselfe or one of the Clerks of his Office to the Treasurors Remembrancers side to be entred there in like sort both which Remembrancers should likewise receive all the great accounts taken now before the Auditors of the Prests and the Receivours and Ministers accounts of the late Augmentation Revenue taken before the Auditors of the Shires to make like Entries thereof in both their Offices and to be conveyed in the viewes of every yeares Remembrance and that he to whome it did appertaine might make processe upon the same where any cause should so fall out and so noe Super or debt thereupon by that meanes should be behind and to be out of Processe every Terme while they were discharged He sendeth commission of Nisi prius by the kings Attorneys Warrant onely upon tryall of any matters within his office at the Assizes in the countrie Adtenorem Recordi under the Exchequer Seale with it But at the Nisi Prius in London at Guildhall he hath the very Record of his Office brought thither and it is without commission because my Lord cheife Baron sitteth thereon and the Kings Attorney and his Majesties learned Councell either be or appoint to be there for his Highnesse Hee hath other speciall Authorities preheminences and matters appointed to his Office by the Articles of the uniting of the said Court of Augmentations to the Exchequer which are referred thither for breifeness and for more certaintie at large of the same The Lord Treasurors Remembrancer IS the second Remembrancer of the Exchequer and belike of old time was so called for that it was then in the Lord Treasurors gift or that he had some speciall service appointed to him by the Lord Treasuror to remember him of or to be kept in Record He hath his Office cheifly established upon the execution of the originall save for the great accounts the Customers controllers and searchers that is yearly streated to him out of the Chancerie and is otherwise called Extractus Cancellarioe being the yearely streate Verbatim as they passed under the great Seale of England from time to time of all Sheriffs and Escheators Pattents of all Customers Controllers and Searchers Patents of all Receivers Reeves Beadles Bayliffs Collectors and Stewards Pattents of all grants of lands and Tenements for life in see simple see taile generall or speciall of all denizonships Creations of Arch bishops and Bishops erections of any Abbies Priories Colledges Chauntries Hospitalls Schooles and Corporations of all custodies of any Honers Castles Lordships Mannors Chaces Forrests Parkes speciall and generall after the Course of the Chancerie ouste●lemanes of all Licenses of Alinations going over sea transportations Introductions Retaines imparkings and Inclosures of all pardons Alienations intrusions trespasses utlegaries felonies murders misprisions treasons and forfeitures of all restitutions of blood goods and Chattells lands and Tenements of all leases for Terme of life or for yeares of all Fines grosse and small of all Writts of restitutions of Temporalities of any Abbey Priorie Archbishopprick wards and seized lands and Tenements of all Di●m Cl. Extremum Mandamus Melius inquirendum et qu. plura He out of the said Originall maketh his Booke called the Roll of Prossers which is a record and a part of the remembrance of every yeare of the comming of every Cro Michalis and Cro ' Claus pasch into the receipt of all Sheriffs Bayliffs Farmers Escheators and men of certaine Townes within the realm and of putting in a Warrant of their proffer made of the issues of their Offices at which if any of the Sheriffs made default by himselfe or their Attorneys or pay not into the receipt there by Tallie infra mens●m following they forfeit their recognizance and the Bayliff Farmers and Escheators that come not then to appeare either by themselves or their Attorneys are amerced at halfe their proffer And if they pay not their proffer infra mensem following then doe they loose their proffer and pay it unto the receipt without having any Allowance of the same upon their account He when the said proffers are done maketh Proclamation in the receit before they arise That all Sheriffs Bayliffs of liberties and Escheators do pay their proffers as they are accustomed infra mensem and keepe their dayes of prefixion for their Accounts in the Exchequer according as by the Court they are appointed upon paine and

the uniting of the late Court of uniting of first Fruits and Tenths to the Court of Exchequer at Westminster 1 FIrst Her Highness doth ordain that all the Records of the said Court of the first Fruits and Tenths shall be hereafter placed in the said Exchequer and shall be of the same force and strength as they were in the said Courts of the said first fruits and Tenths Item her highness is pleased and ordaineth that there shall be in the said Exchequer a certain Office called the Office of the Remembrancer of the first Fruits and Tenths which Office for divers and sundry great considerations for and at the first erection only shal be exercised by two persons by her highness to be nominated which shall joyntly exercise the same office during their lives and after the death of the Survivor of them the said office to be exercised by one of them Item That all Records belonging to the same court of the first Fruits and Tenths shall be in the charge and keeping of the said Officer Item That the said Officer shall make and deliver the true values of all spirituall promotions dignities and benefits within the Realm of England and Wales and other the Queens Dominions to such persons as shall sue for them taking for the same like fees as were wont to be paid before the dissolution of the first fruits and Tenths Item The same Officer shall take composiions of the first Fruits of every Arch Bishop prick Arch-Desconry Deanry Prebendary Parsonage Vicaridge and of every other dignity office benefice promotion spirituall aforesaid 6. Item The same officer to make all writings obligatory Indentures and all other writings concerning the same first fruits and tenths and shall see the same sealed and delivered by the parties to the Queens highness use and also shall make Acquittances and other discharges to such as shal pay their mony in hand without making bonds for the same taking fees accustomed of the parties for the same Lord Treasurer 7. Item The said Lord Treasuror to call such persons as shall please him to his assistance at the declaration of the foresaid accounts or any officer or auditor of the same Court that to them shal be thought meet for the passing of the same accounts 8. Item The accountant or accountants that shall not come to determin his or their accounts in form aforesaid his or their goods and lands shall be seised to the Queens use nomine districtionis and shall loose the benefit thereof and that shall have the allowance of the same in discharge of his debt according to the ancient custom of the Exchequer 9. Item all Sci. fac attachments and writs of distresses for debts or accounts concerning the premisses shal be made by the Treasurers Remembrancer from time to time as to the discretion of the Court in that be half shall be thought meet and convenient according to the ancient custom and course of the Court. 10. Item All Letters Patents of any Mannors land tenements or other hereditaments or concerning any annuities pardons or other such like shal be inrolled in such office of the said Exchequer as by the discretion of the Lord Treasurer and the said Court shal be appointed the parties to pay fines according to the ordinance and statute in that behalf provided 11. Item All recognizances of payments of any farm or any debt of or for any part of the premisses to be inrolled in the Remembrancers office and to be taken in the open Court when the Term is open if the Term be not open then by the chief Baron and in his ablence by any of the Barons and by force of a Dedim Potestat if necessity shall require taking for every such recognizince taken out of the court 6 s. 8 d. only whatsoever number of persons be bound in the same and for the entry of the same recognizance the said Remembrancer shall have and take for his fee of and for every Recognizance of 41. and upwards 3 s. 4 d and no other or more Fees to be taken for a Recognizance whatsoever number of persons be bound in the same 12 Item that the said Sheriffs or other accomptants shall yearly pay all such summes of money as shal be due to anie person or persons for any Annuities Fees pensions issueing or going out of any of the premisses according to their grants allowed and inrolled unlesse they shall have speciall Commandement by the Court to the contrarie 13. Item that the Farmors and Lesses shall be bound to the Queen and by Recognizance to performe their Covenants in their Leases in such forme as by the Court shall be ordered 14. Item all Warrants for leases to passe by the Lord Treasuror and if the yearly rent of the land to be letten shall be above the summe of forty shillings by the yeare then the same lease to passe under the great Seale of England and if the rent be above the value of 71. 13 s 4 d. then every such lessee to pay the Fees of the Signet and privy Seale as hereto fore in like Cases hath beene accustomed And if the land to be letten doe passe not the yearly rent of 40 s. then the Lease to passe the seale of the same Court of Exchequer paying 6 s. 8 d. to the Queens use 3 s. 4 d. to the Chancellor of the said Court and 4 d. to one appointed to Attend the seale for his Attendance and wax And the said Leases under the value of 40 s. to be alwayes made by the Clark of the Pipe and filed together for every yeare by themselves and there to be inrolled within the said Office as the said Clark of the Pipe may report the Indentures for the more surety of the parties taking for the inrollment as shall be ordered by the Court. 15. Item the said Lord Treasuror shall not have any Authoritie to make any lease in Reversion of any part or parcell of the premisses or of any woods or anie Mannors in grosse for the terme of certaine yeares without the Queens highnesse speciall Warrant to him to be directed in that behalfe and then Warrant to be made by the Lord Treasuror of England in forme aforesaid 16. Item the Lord Treasuror taking to him the Advice of the Chancellor under-treasuror and cheife Baron or two of them shall have Authoritie to assesse Fines for any Leases of any part or parcell of the premisses to be made by the said Lord Treasuror in forme aforesaid 17. Item the same Officer to write and make all manner of processe Commissions Entries Books Judgments and decrees of the Court with all other writings and miniments whatsoever aswell for the arrerages of such first fruits as for all Tenths and Subsidies of the Clergie due to her highnesse heires and Successors by such speciall persons their Sureties Farmers and occupiers taking therefore such Fees of the parties as were used before the dissolution of the same Court of first fruits and Tenthes 18.