Selected quad for the lemma: lord_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	john_n	robert_n	sir_n	95,046	5	7.1389	4	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

with such persons as he shall call to him which are here too long to set downe particularly and therefore are referred to the said Articles Answer The certainty whereof may be knowne by the Articles themselves XXV Question Hee hath used before the uniting of the sayd Court of augmentation and the first fruits and tenths in all great matters of the Courts sometimes to confer with the Chancellor and under Treasurer alone and some times with them and the Barons and sometimes with them and the Kings learned Councill and some times with them all and the two Remembrancers and Clerke of the Pipe about the same what were best to be done But since the uniting of the sayd Court according to the Articles of uniting the same he hath used much to conferre and joyne with the Chancellor and Vice-Treasurer upon all forraine matters Causes and Actions of the Court that stand not in plea Suits or Judgement before the Court but come in question order and determination by the sayd union and shall call such Officers as shall please them to consider and determine upon the same Answer I have seen no written direction for this course but undoubtedly he may and will call any Officer unto him to conferr with for his Majesties service and determine of matters according to Justice XXVI Question Hee alone and he and the under Treasurer by his discretion as I take it do survey and order all the Receits and all the Officers and matters thereof and of the Treasury and do direct payments and stayes of payments by their discretion and do examine all receits coming in and going out of the receit but can suffer no penny to go out but by privy Seal or great Seale from the Prince or by decree or Writ from the Court that sometime cometh so about by the Judgement of the same He hath divers other authorities by old and new Statutes both alone and with others which are referred to be found out by learned Counsell that have abridged the same Answer I have not much experience in the Receipt but I do hold it for certainty that none of the Treasure may be payed out without good warrant from the King And I have seen by record and otherwise that some misdemeanors there committed have examined and ordered in Superiori S. Here I was required as I understood by the Messenger to set downe by what Warrant and authority the things before specified were done I have endeavoured to performe that according to my best understanding as before appeareth And where I was required also to set down what other authorityes be in this Lord so it is that I Authorities in the Lord Treasurer have observed by reading of the Records of all Kings times that he hath been taken for a very great Officer and chief of the Exchequer amongst which concerning his ancient generall Authority and Duty I finde these words written of him Adquem spectat de commodis domini Regis curare ut ejus disdendia viteut prospicere By which and by his oath his generall duty and authority may be conveniently and reasonably conceived and gathered And touching his other authorities that be not before mentioned I thinke there be some by Statutes and some by Commissions or privy seales concerning his Office in the Exchequer which I do not take upon me to set downe least I by forgetfullnesse should omit some of these I know and might omit diverse others having not beene made acquainted with them and to my best remembrance they be most of them joynt with others and am of opinion that if when any thing shal be offered unto him or required of him to be done It will please him first to require the sight and understanding of his Warrant in that behalfe his Lordship shall in short time finde and know his authorityes that hee will require in such cases whether it be by Act of Parliament or any other way and I for my part will be ready to declare my simple knowledge and experience in every case And what hath beene done by the two last Lord Treasurers I suppose that the next hath seene either already or heard himselfe or shall by some other hear of it And if his Lordship shall finde just cause to understand by what Warrants and Authority they did so he may easily understand of it by some of his Majesties Officers The Chancellor HE is an Officer thought by many to have beene placed in the Exchequer to have qualified all matters of extremity and rigour between the Prince the Subject and the party with Conscience and equitie But yet I never saw nor have heard of any Record ever made in the Exchequer in that case by order direction or qualification He hath in Court the proper place of the Bench above the Lord Treasurer He in the Lord Treasurers absence doth in Court in the Exchecquer Chamber all things to the Kings most benefit and furtherance He in the Lord Treasurers absence if the Barrons and learned Counsell of the suitor doe much presse any matter against the King or that he findeth there is some learning in the case doth pray that it may stay untill the Lord Treasurer be made privie and the Kings learned Councell may be conferred with and the presidents of the Court may be shewed upon the same He maketh warrants to any of the remembrancers to make all manner of commissions processe and iniunctions as the case requireth aswell as the Lord Treasuror doth He by the late Lord Treasuror and Sir Richard Sackvills order and agreement had referred unto him the oversight and rule of the Court of first fruits and Tenth of all compositions bonds mattes and canses of the same He in the Lord Treasurors absence for orders and Commandements in Court for the benefit of the Prince and case of the Subject and suitors hath ever done commonly that the Lord Treasuror useth to do He hath ever used in great causes of the Court to make the Lord Treasuror privie and to confer with his Lordship about the same He being Vice-treasuror also after the death of the Lord Treasuror and while a new Lord Treasuror be made doth all things which the Lord Treasuror both in the Exchequer and Receipt doth use to do Under-Treasurer IS an Office erected of late in the time of King H. 7. And whether it was of the Kings nomination first or of any Lord Treasuror it is not known But it is said that Sir Robert Mitton Knight that was then the Lord Treasurers Remembrancer was the first Vice-treasuror that was ever made and had no patent thereof but Sir Iohn Baker when Thomas Duke of Norfolke was made Lord Treasuror in H. 8. time being nominated Vice-treasuror after Sir Robert Mitton did procure a Patent thereof under the great Seale of England and was the first that had a Patent of the same office He in King H. 7. time as I have heard say the report of the remaine of the Treasure

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