Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	attorney_n	court_n	day_n	1,480	5	5.1441	4	false

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

in the receipt being brought then to the King at the end of every Terme did chest the same up and did Content every Chest what summe and sorts of mony was in it intitleing it B. or C. as in course it fell out and carried it to the Kings Treasuror in the Tower and entred the same in the Kings Book which he kept in his deske leaving ever in that receipt sufficient mony to pay ordinary Fees and sums of money it was charged with betweene that and the next Terme And hereupon I thinke the Vice-treasurer was made to see this done both of trust and ease of the Lord Treasurer as being too mean a thing for his Lordship to be troubled with and yet fit to be done by some meaner person of trust and great secrecie He being Chancellor of the Court in the late Lord Treasurers time and absence and before the uniting of the said Courts of Augmentation and the first fruits and Tenths did order and command all things as the Lord Treasuror in the Court of the Exchequer and in the receipt saving that which was done Per Considerationem Baronum upon Pleas Informations Iudgments c. He before the uniting of the said Courts and since the Lord Treasurors death did make the two Praisors of all wares and Marchandizes seized by any Informer as taken up uncustomed and informed against in the Court of Exchecquer whereof they make him a Bill of Praisement and he giveth order whether the owners shall have the goods againe as they are praysed or whether part or all shall be otherwise sold wherein the late Lord Treasurer would sometimes deale and intermeddle with his privity The Lord Chiefe Baron HEE is sworne by the Lord Chancellor or Lord Keeper for the time being or the Lord Treasurer and the other Barons and is the cheife Judge of the Court and in matters of Law Information and plea he answereth the Barr and all suitors He giveth all days for bringing of Pleas Informations Answers Replications Rejoynders and amending of the same as occasion is offered at the Bar. Hee maketh all the Orders of the Court that touch or concerne the matters at the Bar or the Suite depending in Court or is moved by learned Counsell and yet with great orderly consent of the Lord Treasurer the Chancellor the Vice-Chancellor Vice-Treasurer the other Barons and the Kings learned Councill or such as are present of them as the case shall require Hee in the absence of the Kings learned Councill answereth the Bar most diligently in the Kings Majesties behalfe and when the Kings learned Councell be there hee suffereth them to speake and answer to the Bar for his Majesty all that come and joyneth with them my speech and conference to satisfie the Bar to alter or mend the matter or words of the plea for the furtherance of his Majesties side in all causes the Law will bear him He before hee proceed to Judgement in Causes against the King either hee asketh or willeth the Officer on whose side the matter is to aske the Kings Attorney what he can or wil say more for the King in such a matter that the Court may be informed of it And even so doth he for the party if the Kings Majesty be to have Judgement for him He and his fellowes conferre together in all difficult matters and judgements of the Court and when they have resolved the Law therein they use to impart the same to the Lord Treasurer Mr. Chancellor Mr Vice-Treasurer and to the Kings learned Counsell and if they cannot satisfie the Barons the Law to be otherwise they proceed to Judgement The Court being called upon therefore at the Barr although the Lord Treasurer Chancellor Vice-Treasurer and the Kings learned Councill would faine have it goe otherwise which they do with great circumspection and feeling sometimes the opinion of the Judges therein and ever after long and often deliberation had first thereupon Hee ever giveth Judgement in the Term time only and speaketh in this wise to the Remembrancer on whose side the matter is If the Kings Attorney say nothing for the King between this and such a day for such a matter enter Judgement for I. S. or if the party say nothing for such a matter enter Judgement for the King He in open Court awardeth Commissions Processes Injunctions and all manner of Writs and commandeth stay and Supersedeas of the same and such his Award is set down in the booke of orders on the Remembrancers side where they issue out and such his Award is set down in the book of Orders on the Remembrancers side where they issue out He out of Court maketh Warrants and Fines as the Lord Treasurer Chancellor and Vice-Treasurer doth to any the Remembrancers whom it concerns to make out any manner of Commission Processe Injunctions Supersedeas Writs of priviledge and such like Hee in open Court doth set Amerciaments and Fines upon all Sheriffs Coroners Escheators Commissioners pursivants makers and ayders of Rescues that do not execute serve return deliver or obey the Kings Commissions Processes Injunctions and Writs as to every of them appertaineth He committeth to ward in open Court and in the Exchequer Chamber all that be indebted to the King that misbehave themselves in the Court that disobey the Kings Processe that keep not their dayes or the order of the Court or otherwise be worthy to be committed as the case shall require He alone in the afternoones in the Term time doth sit upon all Nisi prius in London in the Guildhall that came out of the Remembrancers Office or the Clarke of the Pleas Office concerning any matter or tryall there by the Jury of London which cannot be dispatched at Westminster for lack of time and leisure Hee appointeth the dayes and Termes when all Demurrers in Law shall be argued at the Bar and likewise in the Court to shew their opinions upon the same Hee commandeth all the Officers under the Bench to make searches for the King and the Court to give their attendance on the Barons in the afternoones at Westminster to set Fines and Amerciaments on the Sheriffs and to informe the Court of that is meet or otherwise to confer with them And sometimes hee commandeth the sayd Officers to attend at his Chamber upon him and his fellowes for conference or information about some speciall matters appointed there to be heard or considered upon He and his fellowes take without Fee in open Court all manner of Recognizances for the Kings debt for appearances for observing orders for keeping the decrees of the Court and such like and for every Recognizance taken out of the Court he hath six shillings eight pence He taketh the presentation of all Officers in the Court that are under himselfe and of the Mayors and Sheriffs of London and giveth such exhortation and oration as to himself shall seeme meete and Commandeth their Oathes to be read unto them by the Kings Remembrancer and seeth them take

breach and not keeping of these Recognizances inrolleth processe and maketh out the same against all such persons as were bound therein according to the course of his Office He as the Returnes of the sayd processe by course of the Court do offer occasion of some change of Writs in manner and forme by the Returns of Sheriffs as Non sunt inventi Nihil habent mortui sunt languidi sunt in Prisona and such like without number doth by and by on the back side of the Writ so returned and indorsed what is to be done or leaveth it to the Clarke of his Office to do it whose charge it is to write the process of the shire where it runneth that of course can tell what to do and all the sayd processes be still current every Terme untill they that are bound or their Executors Administrators Heires or Ter-Tenants come in and pay the mony or take order therefore or plead in discharge of them He hereupon informeth the Lord Treasurer and in his absence or by his order the Chancellor or Vice-Treasurer of the Court every Terme when he is commanded of all manner of debts and arrerages of any the sayd Accountants or upon any other person depending in his Office by reason of any the sayd Recognizances or of Bonds taken or delivered in his Office by any other occasion and due with them ro his Majesty Hee according to their Order stayeth or setteth forth processes for the sayd debts and arrerages and admitteth any person vexed with processe from time to time to plead in discharge thereof or of any part of the same unto which plea the Kings Attorny is made privy who referreth the same over to the Court if hee thinke not good to confesse it Hee hath all manner of Informations upon penall Statutes Intrusions Councealments and such like put in and sued in his Office only with all matters Recognizances and Bonds depending or proceeding upon the same He by calling on and remembring the Court and the Kings Attorney of the same and other Pleas depending in his Office doth drive them to be ended either by the Attorney generalls confession or Judgement of the Court upon Jury Demurrer Privy seale or composition Pro misis Parcandis being upon popular actions He only on his side maketh the Bill Roll of compositions Promisis Parcandis upon penall Lawes and Statutes and getteth the Lord cheif Barons the Kings Attorney and the other Barons hands to them and maketh up the Records of the same Hee taketh the stallment of all debts by Recognizances after the ancient course and sometimes now by Obligation because the parties bound upon their payments would have out their Bonds again which else be as Statutes of the Staple to the Prince by Act of Parliament which stallments should be forthwith sent downe into the Pipe that they might be so moved out there for time to time against the day that any payment shal grow due and so is the ancient course of the Court. Hee only taketh Bonds and Recognizances in the Court and all to the Kings use of all Sheriffs Customers Controllers Receivers Bayliffs and of all other persons whatsoever that are bound in the Exchequer and doth all things proceeding upon the same He inrolleth all the sayd Bonds and Recognizances in remembrance of the yeare that are taken there or brought in and delivered in Court for the Prince his better safety if the same should miscarry by fire imbezeling or otherwise Hee sometimes by Warrant of the Lord Treasurer and in his absence the Chancelcellor the Vice-treasurer the Kings Attorney and the Court maketh out Commissions in the Countrie to certaine Commissioners by Dedimus Potestatem to take Bonds to the Kings use when the partie is to be bound with Suretyes and cannot conveniently come up or bring his Sureties hither to be bound for him of the Retorne whereof he maketh Record and fileth the Commission and the Certificate and the lands besides He by like writt changeth bonds and Recognizances of the first parties that were bound and taketh others in other places that the Lord Treasurer the Chancellour and the Vice-treasuror alloweth of He maketh all processe Commissions Decrees orders Awards and Entries proceeding or growing of anie matter cause plea or originall depending or to be sued on his side that the whole Course of the matter may appear and remaine on Record in any place ever together He maketh a Record in his office of all the Certificates delivered unto him by the Clerke of the Star chamber under his hand of such fines as be felt upon any person by the Lords there and causeth the same fines to be sent downe from his Record into the Pipe to ●e sumoned out there to be written from thence by the Treasurors Remembrancer when they be put in his Book called Cedula Pipe He maketh up the Record of every Bishops death of his multure of his best horse Ring and cup of gold and silver seised to the Kings use or of fine made thereof by every of their executors or the administrators of their goods and Chattells He taketh the Proffers every Easter and Michaelmas Terme in the Receipt before the Barons of all the Sheriffs Bayliff and Eschearours and marketh the default of every of them that doth not appear there by his Attorney aswell as the Treasurors Remembrancer doth He readeth in open Court the Oathes and the Usher giveth the Book at the Election of Sheriffs yearely every C. Animarum in French and offereth the Book to be kissed by them that chose them He readeth in open Court the Oathes and the Usher giveth them the Book to kisse that all the grand Officers of the Court of Exchequer doe take either before the Lord Chancellour for the time being and the Barons and likewise the Oathes that all the under Officers Ministers and servitors of the said Court doe take before the Lord Treasuror the Chancellour the Vice-treasuror and the Barons of the Court or some of them He onely maketh the great Prerogative Writ of the Court for all Officers Ministers and Servitors of the Exchequer and Receipt and for their men that be sued elswhere in anie Court of Record or place to remove such plaint before the Barons such a day to surcease the suite He hath delivered into his office to keep all manner of Judgements Fines Recoveries deeds Releases writings Charters and Evidences whatsoever that are brought into the Court by the Lord Treasuror the Kings Attorney or any other person either for the Assurance of lands and Tenements to the Crown or for the better Recoverie and enjoying lands and tenement that ought to come or be in the Crowne He maketh by warrant of the Lord treasuror the Chancellor the Vice-treasurer the Kings attroney and by the Award of the Barrons in open Court all manner of processe writts Injunctions and conditions whatsoever that be to be made on his side besides the ordinary processe and writte of every Terme whereof

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