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land_n hold_v manor_n tenure_n 1,341 5 12.5333 5 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A19078 The Lord Coke his speech and charge VVith a discouerie of the abuses and corruption of officers. Pricket, Robert.; Coke, Edward, Sir, 1552-1634. 1607 (1607) STC 5491; ESTC S104999 27,699 62

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a generall complaint against the multiplicity of Ecclesiasticall Courts and that causes are in them continued longer then an vpright and orderly proceeding would necessarily inforce by meanes wherof his Maiesties good subiects do receiue losse and are much hindred by there so often constrayned attendance But in this Diocesse I hope the occasion of any such complaints shall no more be heard of Because I speake before those reuerned Magistrates in whose authority consisteth sufficient power to reforme those abuses already complained vpon I will therfore insist no further few words content the wise what I haue spoken I know is heard by an approued wisedome As touching the pennall Statutes for the punishing of any vnreuerent demeanure in Churches or violence offered to the ministers or quarrelling stryking or drawing of any weapon in Church or Church yard I know they be ordynary matters giuen in euery charge And therfore you are not ignorant of the Lawes in that case made and prouided I will therfore in respect of the shortnesse of the time onely point out vnto you some seuerall officers whose actions not beeing sufficiently looked into many abuses are committed which do passe vnpunished Our common wealth Receiues much iniurie by our Escheators who by abusing their cōmission doe most intollerable wrong to many of his Maiesties good Subiects for an Escheator will come into the country and beeing informed of an honest Yeoman deceased be it that his Lands be not aboue the yearly value of forty or fiftie Pounds leauing an Heire behind him an inquiry shall bee made by what euidence euery acre of ground is holden and finding but one peece for which an expresse euidence cannot bee shewed for that particular parcell Then by a Iury to that end Summoned by the Escheator that peece of groūd must be adiudged to be held in Capite And so an office beeing found all the whole inheritance must bee taynted and the yong heire a warde to the King who then beeing presently Begged by some one or other by then hee hath compounded for his wardship sued out his liuery and then perhaps marryed to one starke naught or not worth any thing the yong heire shall bee left iust worth so much and no more And this as I thinke is a most lamentable thing God forbid that euery man should be inforced by such course to proue his right in euery particular acre of ground which he hath For many particular peeces are oft included in one euidence without being distinguished by seuerall names So that it is impossible but by such course as the Escheator takes lands that neuer held in Capite must needs be brought in compasse of such Tenure And againe the intent of the Law for the benefit of the king looketh only to Manors Lands and Tenements of great value without hauing respect to such petty things Where an heire to cleare the incumbrance must ouerthrow his estate loose his inheritance and be vndone for euer But this notwithstanding so the Escheator may haue his part in the spoile he careth not to vse any indirect corruption You of the Iurie therefore for the good of your selues and yours carefully looke to the proceedings vsed in this case and such abuse as you shall find therein let it be presented And such as shall bee found offendors they shall know that we haue lawes to punish them For proofe whereof I would you could find out some of whom there might be made an example But if you will be content to let the Escheator alone and not looke vnto his actions he will bee contented by deceiuing you to change his name taking vnto himselfe the two last syllables only with the Es left out and so turne Chetor We haue then an excellent Officer surnamed the Clarke of the Market concerning whose office for mine owne part I see not the necessitie thereof considering the Iustices of peace in their seuerall limmits are at euery Sessions to enquire of and to punishall those abuses which are by the Clarke of the market continued vnder shew of reformation For he will come downe and call before him all waights and measures and where a fault is found there must a Fee be payd which is deuided betwixt him and the Informer So the offendor payes for his offence to the end it might be continued but not reformed And thus the Clarke of the market by receiuing bribes enricheth himselfe by abusing his Maiesties lawes and wronging his Subiects It was once my hap to take a Clarke of the market in these trickes But I aduanst him higher then his fathers sonne by so much as from the ground to the toppe of the Pillorie If you of the Iurie will therefore haue a care to find out these abuses by Gods grace they shall not goe vnpunished For we haue a Coyfe which signifies a Scull whereby in the execution of Iustice wee are defended against all oppositions bee they neuer so violent There is a certaine ruffling officer which will seeme to command much by the authoritie of his Cōmission And he wil be known to be a Purueyor Some of which officers if they can find nothing to be dealing with they will puruey mony out of your purses if you will suffer them But know there is no mony to be purueyed vnlesse by the high way side and any Purueyor that shall take such course is but in his passage the high way to the gallowes But to speake of that which may by them bee lawfully done admit a Puruey or commeth downe with Commission to take vp timber for the Kings vse What timber is it then that he must take He cannot come and pull downe any timber in my house what then May he go into any of my woods which I purpose to preserue and there marke out of my best timber and inforce me to suffer it to be felled and carried away at the kings price No There is not any such authoritie granted vnto him But only thus If I haue any timber felled which I purpose to sell then may the Purueyor the King hauing vse of timber come and make choise of what trees he will For there is great reason that in such case the king should first be serued But if any of you do desire to preserue your timber growing be not scared with a Purueyors warrant Nor do not preserue the standing of your trees by bribing any one of them The dignitie of his Maiesties prerogatiue Royall is not vsed to enforce his subiects to indure wrong But the rust being scoured off which abused time hath cast vpon it then will the glorie thereof shine in the perfection of an vncorrupted brightnesse You of the Iury therefore looke into the abuses done by Purueyors and present them Besides these spoken of There is also a Salt-peter man whose Commission is not to breake vp any mans house or ground without leaue And not to deale with any house but such as is vnused for any necessarie imployment by the