Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	hold_v	service_n	ward_n	1,566	5	10.5774	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A00880	In this booke is contayned the offices of shyriffes, bayliffes of lybertyes, escheatours, constables, and coroners and shewed what euerye one of them may doe by vertue of their offices, drawen out of bookes of the common lawe and of the statutes.; Office et auctoryte des iustyces de peas. English. Selections	Fitzherbert, Anthony, Sir, 1470-1538.; Harvey, Gabriel, 1550?-1631.	1579 (1579)	STC 10993.9; ESTC S4009	45,369	112

the double value of the goods so taken vnto the parties endamaged suing therefore by action of debt wherein no wager of Law essoyne nor protection shall in any wise be allowed to the defendaunt .i. Richardi ii capitulo .iii. Bayliffes of Liberties that be Iailers haue the keeping of Iailes shall certifye the names of euery prisoner in his Iayle that is there for felony at the next generall Iayle deliuery in euery County or franchyse where such Iayle is to bee kalendred before the Iusticers of the same Iayle delyuery vppon pain to forfait for euery default there recorded v.l.iii Hen viii cap. iii. Al Bayliffes and other head officers and euery of them findyng or knowyng any person vsing or exercising any vnlawful games contrary to the statutes haue power to commit euery such offender to ward and there to remaine in prisō without baile or mainprise till such time as he be bound by obligation in such summe as by discretion of hym that taketh the bonde seemeth reasonable to the kings vse that he shal play no more An. vi H viii cap. ii All statutes made agaynst Siriffes vnder Shiriffes Baylifs or other Ministers for making returnyng of pannels or Iuries or for due execution of seruing of Writs or other processe or for takyng of fees or for the reformation of extortions or for any other thinge concernyng their office and all paynes contayned in euery such Statute shal be extended to all stewards bayliffes other ministers and officers of Liberties and franchises hauing returne of writs and execution thereof in like maner as they extende to Shiriffes theyr vndershiriffes bayliffes or other ministers sauing that the bayliffes and officers of liberties may ocupy their offices for as longe time as they shal be geuē vnto them An. xxvii Henrici octaui capitulo .xxiii. ¶ The office of Escheators YE shall inquire of Escheators if they haue duely executed theyr Office and if they haue taken any more for doing thereof then they ought or if they haue committed done any extortion or oppressiō vnto that kings people by colour of their office And therefore yee shall vnderstand that no Escheator oughte to meddle or inquyre for the Kynge but in case where the Kyng of right ought to bee intituled and haue the Land or thinge that is found for him by the inquest for if one hold of the Kyng as of hys Duchy of Lancaster by knights seruice and dye his heyre being wythin age the Kynge to haue the ward of the heyre and the land And yet in case that if the Escheator finde it by Office hee shall haue nothyng for the findyng thereof because the Tenaunt helde not of the Kynge in chief as of his Crowne And therefore the King may enter and sease the Land and the Heyre wythout office and may graunt it In like manner if the Eschetor finde by Office that one died seased and helde of other Lordes and not of the Kynge by Knightes seruice and that he is deade and his heyre wythin age the Escheator shall demaunde nothing of ryghte for findyng of such an Office. And so if he finde an office that one dyed seased of such a manner in fee and helde of the Kynge as of such an honor or Castell by knights seruice and his Heyre within age yet oughte not the Escheatour to haue any fee or duety for the findyng of that office and if ●e take any thynge therefore it is extortion which is well proued by the writ of diem clausit extremum the wordes whereof bee these Quia Georgius Per. qui de nobis tenuit in capite die quo obijt diem clausit extremum vt accepimus ideo tibi precepimus Whereby it appeareth if one holde not of the Kynge in chiefe the Escheator ought not to haue the fee of xl.s. for fynding of the Office. And if he take it in that behalfe it is extortion And in assise if the defendant say that the Landes are seased into the Kings hands by the Escheator and the Escheator being there present and examined by the Iusticers thereuppon doth confesse that he hath seased the Lands into the kinges handes where indeede he hath not so done in this case the escheator doth wronge to the plaintif whych may haue an action vpon his case agaynst the Escheator for his faished and for that delay that he hath sustained through that confession by suing to the Kinge for a Procedendo None shal be subescheator vnlesse hee haue sufficient la●d in those places where he is officer to aunswere to the king and his people in case that any will complaine against thē Anno quarto Edwardi tertij cap ix Anno. v tiusoem cap. iiii The Escheators shall bee chosen euery yere as the Shiriffes shall bee by the same persons that chose the Shiriffes And that no Escheator shall abyde in hys office aboue one yere An. xiii Edwardi tertij capitulo .vii. The Escheators shall not doe waste in Bishoprickes and other places during the vacation of them neither shall sell vnder woods nor chase in parke or warraunts nor fish in Pondes or free fishings nor may take no fines of any tenements free nor bound but shall cause them to be kept and saued without doing damage or any maner of oppressiō An. xxiiii E. iii. cap. iiii So by this statute it appeareth that it appertayneth to the office of an Escheator to sease the temporalities of Archbishoprickes Byshoprickes and Abayes of the kings foundation during the vacation of the same and take the profites and to accompte for them to the Kynge in the Escheker how be it there is an other statute made in the same yeare in the effecte whereof is that if the Deane and Chap. Prior or supprior wil take temporalities to Fearme paying the value according to the remembraūces in the Eschecker that they shall haue them before any other And by an other statute made the same yeare cap. quinto the Chauncelour Treasurer of the Eschecker taking to them such other of the counsaile as they shall thinke good shall lease the vacations of Archbishoprickes Bishoprickes Abbeis Prioryes and other Houses of religion the auoydance whereof belonge to the king the Deane and Chap. Prior or Supprior Prioresse or Supprioresse Couent at a certaine rent to pay by the yeare quarter or Moneth during the vacations as they shall thynke best without makyng fine And neither the Escheator nor any other officer shall seeke cause or matter to enter or to meddle or do any thynge in a preiudice of the Churche Sauing to the King and his heyres knights fees aduousons Escheates wardes Mariages reliefes and seruices to the said fees belonging In witnes whereof the kynge caused his letters Patentes to bee made thereof dated at West the viii day of Apryll The yeare aboue mencioned whereby it appereth that the authority aforesayd to make Leases was geuen to the Chaunceller the Treasurer by the kings letters patents c. Anno .xiiii. E.

iii. cap. vi The escheators other the kings ministers must make accompte in the Eschecker after this manner that is of Lands and tenemēts whereof profit ariseth from tyme to tyme throughout the yeare as of Milles Harbages to●pleas profites of cources or such other issues and profites they shal be bounden to aunswere the king for the rate value of the tyme accordyng to the old course of the Escheker And touchyng auncyent fearmes and rentes that are to be payde at certayn tearmes as rent seeke and rent seruice whereof no profit ariseth vntil the daye of paiment such rents and fearmes shal bee paid vnto them that haue liuery thereof out of the Kings hand at the termes of paiment of the said fearmes and rents next folowyng such liuery made as wel for the tymes paste as the time to come .xxviii. Ed. iii. cap. iiii The Kinge and his Progenitors haue bene seased at forfaitours of Warres tyme out of mynde that is aswell of Landes and possessions as of goodes and cattels And by colour thereof the Escheators by their office haue seased many landes and tenemētes as forfaytes to the Kynge surmising treason in some persons beyng dead at the tyme of the seaser whych neuer were attaynted in theyr liues the Kyng hath ordayned touching such forfaytures that fell in the tyme of his Graūdfather and before that so soone as an inquest thereof shall be returned into the Chauncery by any Escheator or other that hath power to enquyre thereof the Tenaunt shall not hee put out of possession but shall bee warned by a Scire facias to appeare at a certaine day for to answere vnto the same if he will if no such forfaiture be sound the kinges hand shall bee closed so that in all other cases of forfaitures of treason by persons deceased nor attaynted nor iudged in theyr Lyues their heyres nor lād Tenauntes shall not bee chalenged nor impeached of any other Forfaytures but of those onely that haue bene iudged in tyme paste afore the death of certayne persons by presentment in Eire in the Kings Bench as of felons of the king other And therefore it seemeth that if one moue warre agaynste the King in his realme and is slayne in the same then the Escheator may sease the lands tenements as forfaitour of Warre without any other inquiry to be made thereof Euery Escheatour muste take his inquestes of office of good and lawfull men sufficient of inheritance and of good fame of the same county where the inquiry shall be made And the inquestes shal be indented betwene the escheators and the iurours if it be otherwise done they shall bee voyd and they shal be taken in good townes openly Trauerse may be taken to the escheators office whereby any alienation or dying seased or that the heire is within age and the land holden of the Kyng in chiefe is found Lands seased into the kyngs Handes by reason of ward shal be kept without waste And the escheators shall haue no fee of venison fish nor other thing but shall answere the Kinge of the issues and yearely profites arising of the sayd lands without wast And if he do otherwise then to make fine at the Kings will and to pay treble damages at the sute of the heyre as well within age as of full age And if he be within age hys Freendes shall haue the sute for him answeryng to the heyre of that that shall bee so recouered of him Concerning other landes seased into the Kynges handes by inquest of office by the escheators this foresayd ordinaūce and punishment shall holde place agaynste the escheator And if any make claime to lands so beeing seased the Escheator shall returne an in inquest into the Chauncery with in one moneth after such seaser so that a writ he deliuered to him to certifie the cause of the seaser and there shall the party bee harde to trauerse the Office or otherwise to shew his ryght And the Chauncellour vppon his owne discretion if hee see cause may sease the Lands to the Tenaunt paying to the king the value if it belong to the king so that he findes surety that he shall doe no wast until it be adiudged And the Escheators shall take theyr inquestes in good townes and by honest Men openly by Indenture to be made betweene the Escheator and them of the inquest And if he doe contrary to this ordinaunce then to haue two yeares imprysonment and further to make fine at the Kinges pleasure Anno. xxxvi Ed. iii. cap. xxii None shall bee Escheator if he haue not xx li. Land at the least or more in fee and that they execute their office in proper persō And if he be otherwise then to be put out whereby it appeareth that the Subescheator can not inquyre nor fynd offyce An. xli Edwardi iii. capitulo v. Escheators nor Commissioners shal not take inquest but by those that be impannelled and returned to the shiriffe and if they doe other wyse and bee conuicte by examination or otherwyse at the sute of the party or of the Kinge or any other person that will sue they shall incurrethe payne of xl.li the moitye to him at whose sute they shall be counict And that no landes seased into the kings handes shal be let to fearme by the Chauncellour vntill the inqueste and vervits bee returned into the Chauncery and by one moneth after the same returne except it bee to the party grieued which was put out of those lands by the inquestes and will offer to trauerse them and shewe good euydence and and finde sufficient suretie to sue his trauerse with effect and to pay to the king the yearely value of the lands● If it happen to be discussed for the kinge And if any Letters patentes of any lands or tenements to the contrary be made to any other persō then to him that offereth to trauerse or hee let to fearme with in a moneth nexte to the sayd moneth of returne they shal be voyd and holden for none A viii H. vi cap. xix Escheators and Commissioners shall returne the inquestes taken before them into the chauncery or in the Eschecker with in one moneth next after the takyng of the same vppon payne of xx l. the one moitye to the King the other to him that wil sue An. viii Hen. vi cap xix And if any Escheator take any office before him and do not returne the same into the Chauncery or the eschecker within the moneth next after the taking thereof he shal incurre the pain of forty poūd forfait by the statute made Anno. viii Heurici .vi. and further shal be bounden to pay to the King as much as he is indamaged by the not returnyng of the same And that the Chaūcellour of Englād callyng to hym the Treasurer of England may lease such Fearmes for the due execution of the sayd Statute Neuerthelesse it appeareth that the same statute giueth but xx pound of forfait against the

In this booke is contayned the Offyces of Shyriffes Bayliffes of lybertyes Escheatours Constables and Coroners and shewed what euerye one of them may doe by vertue of their offices drawen out of bookes of the common Lawe and of the Statutes gabvielharuey 1579. The office of Shiriffes WHat the Offyce of a shyriffe is heereafter shall more playnely appeare but in a generality his office is righteously duely to returne all writs and precepts to hym directed and truely to execute the same accordinge as hee shall bee commaunded in the same Wryts and prece●ts And that bee take nothyng of any person for doing his offyce but the due accustomable fees to hym belonging And that hee duely holde and keepe hys Countyes Courtes and turnes according to the our course of the Lawe Upon these three poynetes dependeth the whole charge and effect of hys offyce The offyce of the Shyriffe is to returne good sufficient and reasonable issues and vpon such persons as haue sufficient goods or lands according to the statute of Westminster An. ij capitulo .xxxix. and Edwardi tertij capitulo quinto The Shiriffe ought to take the inditements foūo before him in his turne by Indenture and so shall Bayliffs of fraunchises one parte whereof shall remayne with the Indytours An. secundo Edwardi tertij Capitulo .17 The Shiriffe may arrest men ryding or going armed and commit them to pryson there to remayne at the Kings pleasure .2 Ed. 3. cap. 5. at Northampton Shiriffes and vnder Shiriffes shall receyue ●rits in euery place within y county without taking ought shal make a vil whych i● they reful● other that hee present shall pu● to their Seales And if they returne not the same writs they shall be punished and shall re●der damages to y party .2 Ed. 3. cap. 5. at Northampton Shyriffes and Iaylours shall receyue Theeues indited or taken wyth the maner without taking any thynge for the receypt .4 Ed. 3. cap. 10. Shyriffes shall lease theyr hundredes Wapentakes after the olde fearme not aboue An. 4. Ed. 3. cap. 25. and An. 14. Ed. 3. cap. 8. Shiriffs ought to arrest persons suspect of felony going by night or by day whych be of euill fame .11 Ed. 3. cap. 14. The shiriff i● one coūty shall haue no moe Bayliffes errant but one .14 Ed. 3. cap. 9. Shyriffes ought to keepe their turnes euery yeare within a moneth after Easter and wythin a moneth after Mychaelmas xiii .xxxi Edwardi tertij cap. xiiii Shyriffes that leuy issues fines and amerciamentes in the County ought to haue the extreates ensealed with the seale of the Eschequer so that as much as is payd may ●oe blotted And if any shiriffe or Mynister doe the contrary he shall render to the party tryple damages and shall make 〈◊〉 to the King and the sute hereof may be aswell before Iustices of peace as before other Iustices .xxiiii. Edward ter cap. ix The Shyriffes shall aray the panneis of Assises foure dayes before the session● at the least vppon payne of .xx. li. And Bayliffes of liberties shall make returne to Shyriffes sixe dayes before the sessions vpon the same paine● 〈…〉 .3 cap. ix T● 〈…〉 ought to examyne Loyterers 〈◊〉 ●agarantes and compel them to finde ●●rety of theyr good behauior ●y sufficient mainpryse of such as bee distrey●able if any defaulte bee found in such vagarantes And if they cannot finde such surety then to commaund them to the next Iayle there to remayne vntill the comming of the Iustices of Iayle deliuery they to doe with such vagarants as they shal thinke best .vii. Richardi .ii. cap. vii The Shiriffe shall bee bounden foure tymes in the yere to make Proclamation of the Statute of Wynchester in euery hūdreth of his Bayliwicke The Shiriffe ought to take swords Daggers and hangers from Seruauntes labourers and Seruaunts of craftes men and vitaylers that weare them vnlesse it be in time of Warre or when they labour in the countrey with theyr maysters or vpon theyr busines And the Shiriffe shall keepe y● same weapons which they shall present vnto the Iusticers of the peace at their sessions with the names of them that bare them .xii. Richardi ii cap. vi Shiriffes ought to receiue Labourers Seruaunts Beggers and Uagabonds and them detaine in Pryson wythout bayle or mainpryse and wythout fee or taking any thing at their entre or going out of Prisō vpon payn to forfayt a C.li. to the King .xi. R. ii cap. ix Shiriffes and other ministers of the Kyng so soone as they haue knowledge of assembles and roiots with outragiōs nūber of people ought with the power of the shyre to goe and make resistaunce agaynste such malite wyth all theyr strength and shall 〈…〉 and keepe them in prison vntill the due punishment of the law be executed vppon them And all manner of Lordes and other the kings true lyege mē ought to bee assistent with all their power strēgth to ayde the Shiriffes and other ministers therein 17. Ric. 2. cap. 8. Shiriffes ought to be personally dwelling in their Bayliwickes for the tyme and they shall not let thē to farme 4. H. 4. ca. 5. Shiriffes ought to see and prouyde that neyther their vnder Shiriffes Bapliffes Clarkes nor receyuers shal bee atturneis in the Kinges Courts for the tyme of their office .i. H. 5. cap 4. Shiriffes ought to let to mainpryse persons ind●ted of heresy and Iollardes which are in their keeping within x. dayes vnder good suretyes so that they appeare before the end of the sayd .x. dayes 2. Hen. 5. ca. 7. Shiriffes shal cause the Statute of prirueiours to bee proclaymed foure tymes in the yere vpon paine of C-li for euery time that hee fayleth so to do And vppon lyke payne shall deliuer the same to his successours to be proclaymed ● Hen. 6. cap. 2. Shiriffes muste make due election of the Knightes of the Parliament ix H. 6. ca. 40 Shiriffes must returne such persons Knightes of the Parliament which be chosen by the greatter number of the freeholders dwellyng in the county which may expend xl.s. yerely aboue all charges And that those Knightes ●ee dwellinge within the same county And that he examine euery freholder at such elections vppon a booke how much he may expend And if any Shiriffe returne other knightes hee shall forfayte an hundred li. to the king and shall haue one yeares imprisoment without bayle or maynpryse Shiriffes vpon a precept made vnto thē by Iustices of the peace to inquire for forcible entre shall returne vppon euery of the i●rours xx.s in fynes at the first day And Iustices of the peace shall heare and determine such defaultes of Shiriffes by Bill of the suite of the party or ●y inditement And they shal loose xx li. for euery defaulte And hee that will sue shall haue the one halfe 13. Hen. 6. cap. 9. To anoyd robberyes and spoyles vppon the riuer of Seuerue by y coastes of the Forrestes of Deane