Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	grant_v	king_n	manor_n	2,135	5	9.7649	5	true

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 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 LONDON Printed by T. R. for Tim. Twyford and W. Place and are to be sold at their Shops within the Inner Temple gate and at Grays Inne gate in Holborne 1658. To the Reader I Have neglected ordinary flatteries least I might seem to beg an applause not merit it Let it not seem a work of supererrogation to publish this Tract since t is hoped the Work it self is bonum utile else had not that great and wise Lord Buckhurst taken such care to command it to writing had he not known that bonum quo communius eo melius And therefore I hope my self very worthy of excuse from blame by any inasmuch as hereby present generations may learn past Polity and by the Rule thereof square their actions And if any thing herein fall short of expectation t is my request That you will rather look at it as an escape then a crime since the whole ayme is both thy pleasure and profit which if you attaine I have the accomplishment of my hope otherwise Si quid noristi rectiusistis Candidus imperti si non his uters mecum Farewell What every of the Officers of the EXCHEQUER usually do by virtue of his Office in England The Lord Treasurer Questions concerning the Lord Treasurers Office with severall Answers to every Question made by Mr. F. Or rather a Declaration of his Opinion touching the same written at the Request of the Lord Buckhurst I. Question THE Lord Treasurer is sworne and admitted in open Court by the Lord Chancellor or Lord Keeper for the time being Answer Sir I have seen the Records of the like Admittance and yet the Lord Treasurer that was last was sworne in the Chancery II. Question Hee is appointed by Statute co be at the election of the Sheriff yearly In Cr. Animarum Answer By the Statute of Anno 14 Ed. 3. cap. 6. The Chancellor Treasurer and cheife Baron calling others to them are to name Sheriffs in Cr. Animarum yearly and by the Act 12 R 2. cap. 2. they must be sworne to do as is there limited III. Question Hee nominateth after the Sheriffs be chosen all the Escheators in England Answer Escheators ought to be nominated by virtue of the sayd Statute of Anno 14 E. 3. cap. 8. but by what reason he doth it alone I know not IV. Question He giveth by Statute all the Offices of the Customers Conmptrollers and Searchers through England during pleasure by his Warrant under his hand directed to the Lord Chancelor or Lord Keeper for the time being Answer This he doth by virtue of a Statute made 31 H. 6. cap. 5. V. Question Hee granteth by Statute and Custome for the accustomed Rent Custodiam of the ancient Crown Lands and Escheated Lands and Firman ulnagij in all the shires in England c. Answer I cannot speake certainly of this I know not how to informe my self so as I would saving that I thinke the Alnage is let to Farme by the Statute of Anno 4 H. 4. cap. 13. and 4. E. 4. cap. 5. VI. Question He granteth Firman terrarum seis pro Domino Rege quamdiu in manu dicti Domini Regis fore contigerint to any that sue for it by his Warrant made of late to the Clarke of the Pipe and in old time directed to the Lord Chancellor or Lord Keeper for the time being Answer Neither do I know this certainly but I have beene told that the Leases made under the Exchequer seale be not good VII Question He sitteth in Court or in the Exchequer Chamber and ordereth with the Chancellor under Treasurer and the Barons of the Court the matters offered before them to the Princes most benefit as they can by the law course or equity but the Judgement is only Per considerationem Baronum Answer Hee sitteth in the Court and ordereth with others as is declared in this Article when it pleaseth him and the oftner the better for the profit and service of the King and the dispatching of suits and suitors VIII Question Hee may call upon the Kings learned Councell and the Officers of the Court to consider by the law and Presidents any matter sore pressed against his Majesty at the Barre and desire the Court to stay proceedings in it while they may be better informed Answer There is no doubt but hee may and will do all this when hee shall see others negligent or any other good causes so to do XI Question Hee and the Barons may by Statute shall debts of three hundred pound and under to be payd at dayes Answer This they may do by the Statute of 1 vel 2 E. 3. cap. 4. X Question The Treasurer the Chancellor the Vice-Treasurer and Barons of the Court may and do use to make Orders and Decrees of Allowances of Pensions Portions Rents Payments Fees and Considerations thought good by the Court and upon intricate matters and matters of equity in the Court betweene the King and the party to bring them to a finall end as best for all parts and not well able to be determined by the ordinary pleading or otherwise of the Court. Answer They may and do use to make Orders and Decrees as is there declared and for that purpose do sit both in the Court and often in the Exchequer Chamber to heare English suits which they do by virtue of the Statute 33 H. 8. cap. 39. See the Statute booke at alrge fol. 92. H. 4. XI Question Hee in giving judgement with the assistance of the Court doth order stay examine heare debate prolong and end all causes of the Exchequer either by Judgement order or decree by privy seale from his Majesty when otherwise it will not be done Answer It is certaine that hee and the Court or to say more plainly the Court whereof he is cheife may do all lawfull things that are there to be done either by virtue of Law or of the Kings Warrant which I take to be the meaning of this Article XII Question He alone punisheth reformeth directeth and ordereth all the Officers of the same that by Law are not to be brought into the Court of Exchequer Answer All the punishments which I have found in any Record have beene done as by the Court and all their Accounts and Concealments Informations and sundry other things have been taken examined and ordered as by the Court And yet his Lordship hath great Authority over them by the Statute of 17 R. 2. cap. 5. where it is enacted that those Offices should remaine in the Kings hands under the governance of the Lord Treasurer for the time being with the assent of the Counsell where need shall be XIII