Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	say_a	value_n	yearly_a	2,391	5	10.4409	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

Terme while hee come in and plead as aforesayd He admitteth any such person that hath any such Land whereof the Tenant is returned Mortuns est or Nihil habet before the Dic. Tenement goeth forth thereof with a Nec non ad ostendend upon the sayd return to come into his Office and inroll there his licence or pardon of Alienation of the same Land and to shew his conveyance thereof and likewise to enroll his Livery speciall generall the Ousterlemain or after the course of the Chancery and upon the same enrollment and shew he doth admit such person to do his fealty and to pay his Fine upon a Writ made from the sayd enrollment and shew of his evidences to agree therewith without any manner of pleading because all such Writs be like the first writts inrolled from the originall and written out as aforesaid against the first tennant onely of the land by good matter of Record He upon all pleas put into his Office where the Kings Attorney may make an Averrment contrary to the plea of the partie and where the partie pleadeth anie forraigne matter then is of record in that Court and allowed of or would discharge any Claim title or Interest of the King by the same plea save in the said ordinarie Writts for fealtie and Homage sealtie and such like doth by himselfe or some Clerk of his make the Kings Attorney ever privy to all such pleas their replications and rejoynders who doth respect them and consider them and at length either doth confesse them or referreth them or giveth his Warrant out under his hand to have them tryed in the Countrie at the Assizes of Nisi prius He according to the Ancient order of the Court upon all other ordinarie Pleas examined by him with one of the Clerks of his office concerning Writts of service and such like doth enter Judgment alone without making the kings Attorney or the Court privie thereto which ever in this wise were dispatched as agreeable to the President of the Court. He either upon the first writ from the originall or upon the writts written from the said Pleas or upon distresses from the Streat of the fines of the Commission pleas or from writts upon such like records in his office doth set over persons fines for respit of Homage payable every fifth Terme according to a rate given him by the Court at his first comeing into his office whereof a record was then made and is as followeth the Fines for respit of Homage every fift Terme of lands and Tenements s Three pounds per Annum downwards 0 4 Five pounds per Annum downwards 0 8 Sixe pounds thirteene shillings four pence per annum downwards 1 0 Ten pounds per annum downwards 1 8 Eighteene pounds per annum downwards 2 0 Twenty pounds per annum downwards 3 4 Thirty pounds per annum downwards 5 0 Forty pounds per annum downwards 6 8 Sixty pounds per annum downwards 10 0 And noe such fines are set higher but upon Noblemen which according to the greatness or meanesse of their lands are set some at thirteen shillings fourpence some at twentie shillings some twentiesix shillings eight pence some at thirtie shillings and some at forte shillings to be payed every fifth Terme and none above nor so high but for Dukes He hath set downe in his Book called nomina Vic. by the Clerk of the Pipe every yeare the debts of all Sheriffs Bayliffs of liberties and men of certain Towns that are found and cast upon their accounts entred in the Pipe and in another of his Bookes called Nomina Ecaetor he hath every yeare the like debts of Escheators set downe by the same Clerk of the Pipe for all the which he maketh Attachment and other ordinarie processe of the Court for the levying of the same as the case doth require He hath in a third Book in his Office called Schedula Pipe All debts set downe by the Clark of the Pipe of such persons as upon the opposalls of the Sherift of their summons be said by them to be dead to the end he should make a Diem clausit Extremum after the death of such debtors to the Sherift which is the award of the Court and of purpose to enquire what day and yeare they died and what goods and Chattells and of what value they had at the day of their death and to whose hands the same came and now be and to seize the same in whose hands soever they be and to leavy the same debt and have them before the Barons such a day And if their goods and Chattells be not sufficient to pay the said debt then to enquire what lands and Tenements and to what yearely value they had at the day of their deaths or when they became debtors or ever since and to whose hands and possession the same came after their decease and in whose hands they now be and the same to seize in whose hands soever they be and keepe safe and to Answere the issues and profits thereof untill the said debt be fully satisfied and payed or that he otherwise is Commanded and to distraine all the Executors of the Testament of the said debtors as Administrators of the goods and Chattells that were his and also the heires and Ter Tenants of the same debtors if they have not Executors to Answere the same debt and all to the intent the same might this way be payed that could not by the summons of the Pipe be so levied And likewise he hath put in his said Booke of Schedula Pipe by the Clerk of the Pipe other great and speciall debts that the Court will have spedeier and sharper process made for them by the said summons to the intent the Debtors should be either quickly Attached and brought into the Court or the money payed and Answered to the Sheriffs or into the Reccit as should best fall out for the ease and dispatch of the debtors He taketh into his Office all Streats of Fines issues and Amerciaments sent into the Court from the Kings Bench the common pleas the Justices of Assize and all Justices of the Peace through England which are by him delivered over by the Rolls of streats into his Office to the Clark of the Streats to write out who sets his hand thereto for the Receipt of the same He taketh on his side also as the Kings Remembrancer doth afore all Sheriffs for raigne accounts Bayliffs accounts Escheators accounts Customers accounts Collectors accounts of Subsidies and fifteens and the Cofferers accounts as before is declared in the point amongst the matters of the Kings Remembrancers side He ruleth the ordinary petitions that any of the sayd Accountants do make or pray upon their sayd accounts to be allowed them without the privity of the Court being matter of Record and President in Court for the discharge of the same and other their new and first petitions are allowed from time to time by the Judgement of the Court

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 is then ordered to pay into the Receipt according to the Statute upon the determination of his accounts or is respited by the said cheife Officers as they see cause for the same The Receivers BE onely of the late Augumentation Revenue united of late unto the Exchequer who receive by Statute of all tenements the Rents reserved upon any the said late lands and likewise the Rents of the Farmers and all such moneys as the Collectors Recyes Bayliffs Ministers of the said Revenue do gather up within their Schedule receits as either payable halfe yearly or found due upon account They pay all Pentions within every of their receits and are bound to pay all their money found due upon the determination of their accounts according to the Statutes in that hehalfe made or they forefeit their office and they and their Sureties are extended besides The Surveyours BE onely of the said Augmentation Revenues and now are commonly put into Commission for the king that go into these Shires where their Offices do lie and besides are ordinarily appointed if they have any skill to survey such Mannors lands and Tenements as the Court hath occasion and doth think meete from time to time for any cause to be surveyed The Attorneys and Clerks of the Kings Remembrancers Office ALL those that are conmmonly retained by the parties in all suits and matters of the Office to appeare and Answer the Court for them and to follow all things in Court belonging thereto but yet in such order that according to their Oath they do nothing uncomely or secretly in perjudice of the kings Majesties right and title but that which is orderly usuall and justifiable in open Court and besides every of them doth from time to time that which belongeth to his place and senioritie in the Office aforesaid The Attorneys and Clerks of the Pipe HAve assigned unto them and every of them speciall certaine Shires of the Realme by the order of their Office according to every of their Seniorities to the which every of them are toward and likewise to all the Accomptants of their owne Shires and to every matter in the same whereby one of them medleth not with anothers Shires but every one of them are retained for the Clyents discharge and to bring every of them his Quietus est but yet as he doth nothing uncomely or untruly to hinder the Kings right and then besides every of them doth in the Office what to his place Anciently appertaineth The Attorneys and Clarkes of the Clarks of the Pleas Office BE they that be retained betweene partie and partie in all suits commenced or depending there who are in all orderly wise to follow their Clyents Causes and to make their Pleas Answers Replications and Rejoynders upon the same for learned Councell to Consider and to do nothing therein but what is lawfull comely and usuall in the Court and every of them doth besides that as belongeth to their place in the same Office The joyners of the tallies BE the second Deputies of the Chamberlaines for that purpose and are sworne at their Admittance to serve truly who from time to time receive out of the receit the Foiles of all Tallies stricken there for any manner of person and file them straight upon a string which so filed are kept under both their keys in their Chests and when anie man bringeth any stock of those to be joyned that must be first done ere they can be allowed in the Pipe The said two Joyners seek straight out the file of the same where it is filed and taking it off do see if the stock and the file do agree in hand letter and joyning and be without suspition and then do they prick them both usually with such markes with their marking Iron as usually sheweth the stock to be joyned then with the same tallie and the day of the joyning thereof is entred in a Book with the letter and summe thereof and afterwards that tallie ie filed anew in the Terme that it is joyned and so kept And then one of the said two Joyners delivereth over the stock that is joyned into the Office of the Pipe and that partie never handleth it after and so it cometh to allowance The two parcell makers BE the Officers that gather out and make the parcells of all the Escheators accounts and be appointed to receive under their hands out of the Treasurors Remembrancers office sett downe in the Roll of Streats there all Transcripts of Offices sent yearly thither out of the Chancerie that be found by anie Escheator through the Realme Then they are to make the parcells of any Escheators accounts in any shire they do call for the precedent account of the Escheator that was the yeare before of that Shire out of which they gather first the parcells Veterum Escaetorum that were in the said last yeares account and continued still undischarged and set them downe in long Rolls of parchment of fullness of letter yearly value tenure and state as they be in the precedent account and came from the Office out of which they were drawne first then they gather the parcells of the new Escheators owne Offices he found in his time and set them downe in the same Roll in like fullnesse of letter yearly vaue tenure and State as they appeare in the same offices which roll is incituled thus Particular account A. B. Escaetor Com. Canc. Middlesex c. from such a day c. And then in the margent of the Roll where the parcells do begin there is Veterum Escaetorum and so be these parcells still Conveied downe and being ended then is sett in the margent of the Roll againe Nova Escaet against the first parcell beginning with going downe and ended there is sett in the margent of the same roll Ter. tenem catal attinct utlegat felon fugitivors whereof the parcells be conveied if there be any but commonly is set against that title eleven pound and they be Veter Escaet nova Escaet totalled up by themselves by the parcell-makers which be the whole Charge of the Escheator And they delivered those parcells so summed up to the Auditor to whome such Escheator is assigned and by the Marshall and he Verbatim accordingly doth ingrosse up his account which passeth further on in the Court as before is declared The Clerk of the Nichills IS the Officer that repaireth to the Clerk of the Estreate every year and seeth what Nihills be marked in Rottulo in the whole Liberate of the greene wax sent out that year which Nihills be issues that the Sheriff that is apposed doth say be nothing worth and illeviable for the insufficiencie of the parties that should pay them whereupon the Clerk of the Nihills doth write them out in a roll of parchment and setteth them in the Court where they lie and under the titles of those Streats from whence they come and where they are marked as afore in Rottulo which

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.