[Page] DIRECTION FOR SEARCH OF RECORDS Remaining in the

  • CHANCERIE.
  • TOWER.
  • EXCHEQVER, with the Limnes thereof: viz. The
    • Kings Remembrancer.
    • Lord Treasurers Re­membrancer.
    • Clarke of the Ex­treats.
    • Pipe.
    • Auditors.
    • First Fruits.
    • Augmentation of the Reuenue.
    • Kings Bench.
    • Common Pleas.
    • Records of Courts Christian.

For the clearing of all such Titles, and Questions, as the same may concerne. With the accustomed Fees of Search: And diuerse necessarie Obseruations. Cui Author THOMAS POWELL, Londino-Cambrensis.

—Cum [...]onat ocy [...]s Ilex
Sulphure discutitur sacro, quam tuque, [...].

LONDON, Printed by B. A. for Paul Man, and [...] to be sold at his Shop in Chancerie Lane, at the Signe of the Bowle; or in Distaffe Lane, at the Signe of the Dolphin 1622.

TO THE GREAT DEPVTIE OF THE GREATEST DEITIE IN HEAVEN, THE CHVRCHES CHIEFE CONSERVER ON EARTH: IAMES, KING OF GREAT BRITAINE, FRANCE, AND IRE­LAND.

SVppose you see the Widdow with her Mite,
Debating, whether better to proceed,
And lay it downe in all the Peoples sight;
Or else, to put it vp againe with speed
Now shee resolues to doo't, And then shee feares
Th'acceptance of it, and the Peoples gieres:
At last, shee did conclude, and cast it in;
Then slinkt away, and hop'd shee was not seene.
[Page] Thus, with a very conscious cautious Eye,
Our Author weighs the Work which he presents;
Then viewes the Multitude that's standing by,
(Knowing too well their old accustom'd bent:)
And now, no sooner does behold your Selfe,
But layes it at your foot; and then by stealth
Auoids; and hopes, the Giuer is vnknowne:
Yet this small Gift speakes great affection.
Your Maiesties most faithfull Subiect, Th. Powell.

TO THE BEST BLEST POVR­TRAICT OF PATERNALL PERFECTIONS, CHARLES, The High and Mightie Prince of WALES.

IT's onely thy Acceptance may repute
What here I offer: Be but pleas'd to doo't;
I wish more happinesse may ne're succeed it,
But that I may report your selfe did read it.
Tibi prior morituras fatis, Quam tui sim miraturas satis, Tho. Powell.

A CONGRATVLATORIE TO THE SAFE RETVRNE of that sincere Seruant of the State, IAMES, Lord Viscount Doncaster.

THe King receiues thee with an open Arme,
The Commons doe accuse the fatall Storme
That did detaine thee, to behold a Scene
Which might strike blood-shot euery eie of Heau'n▪
Wouldst know why we reioice thy comming home▪
We loue Religions Friends, and thou art one,
Your Lordships to the most of his Nerue, Th. Powell.

TO THE HONORABLE SIR IAMES LEY KNIGHT, Lord chiefe Iustice of England.

THat thou art such a Iudge, so qualifi'de,
As Authors heretofore haue all prescrib'de
A well elected Iusticer should be;
Each man perceiues the reasons pregnancy:
Custome of doing well in lower place,
Can with no spurre of Honor change his pace:
Besides an other cause I thinke vpon,
Thou wilt not blame the Kings election.
But why in stead of Iustice, to these labours
Hast thou afforded them so many fauours?
I know no reason may induce thee too't,
But that it is thy goodnesse makes thee doo't.
Your Lordships In all thankfull ac­knowledgement T. P.

TO THAT LAW-ENOBLING GENTLEMAN SIR Thomas Couentry Knight, As Generous in all Affayring, As Generall in Office of Attorney to his Maiestie.

TO haue a thankfull minde, and not to shew it,
Is to know much, and not let others know it;
I will not flatter for a benefit,
Yet better to acknowledge, then forget.
A farther libertie I doe not aske;
That were to me (alas) too great a taske:
For if th'account bee cast of what is due,
I owe the most of any man to you.
The more in your im­ployment, and disposing, The more happy, Tho. Powell.

TO THE RIGHT WORSHIPFVL IN FVLL RIGHT OF HIS OWNE Worth, Sir Edward Powell, Knight and Bar­ronet, Master of his Maiesties Requests.

VVOrthie Sir (to tell you true)
Faine I would, but know not yet,
Whether your place were made for you,
Or whether you were made for it?
If Feare, to take the double Fee;
If giuing Suitors expedition;
And to respect Conueniencie,
Aboue Reward in each Petition,
May make a Master of Request,
Though thou be last, th'art not the least.
The seruant of your Name, and Familie Tho. P.

TO THAT GREAT LIGHT OF LAW LEARNING, THE Right Worshipfull William Noy Esquire, of Lincolnes Inne, present Reader.

TO You how much this work of mine doth owe,
My selfe must needs confesse, & you do know.
To say (I thanke you) is but poore amends;
For so the Fydler and the Begger ends:
Their Thanks liues, only, while the Almes is giuing,
But mine shall neuer die, while we are liuing.
Signa virtutum tuarum longé, latéque ferens Tho. Powell.

TO THE READER.

BOokes, Medicines, and Lawes should neuer be publisht, or prescribed, but as Obiters, to meete with Euils immi­nent; euer applyed, and euer complying with the present necessitie.

The necessitie of this Subiect com­plaines it selfe in the Multiplicitie of Suites, their expen­ces, and dependencies: which for want of their proper Records, are brought into the Court in so many Fracti­ons; that the Iudge, (how painfull, or learned soeuer) can hardly reduce them into whole numbers. This therefore haue I out of my Collections of Twentie yeares Search of Record in the path of my practize composed and digested by way of a Kallender, into a summarie In­dex of Direction for that purpose: which (intended only to such as shell make the good vse thereof; and not arme and inable their purposes of prying into mens estates) I haue now, at the last resolued to publish: [Page] Desiring your patience till a farther supplyance may giue it, a more perfection: wherein you are accusto­med to be so fauourable to others in matters of lesse per­plexitie, That I know you cannot varie in me, who euer rest

As Iealous of your Loue As you are curious of your liking Th. Powell.

TO THE READERS, MASTERS OF THIS MYSTERIE.

YOu that are Masters of this Science,
I aske your aid, and free supplyance.
Caetera turba tuas Muscas venare; Ministro
Fulminis haec valido propria praeda: vale.
T. P.

DIRECTION FOR SEARCH OF RECORDS.
THE CHANCERIE.

THE Office of Records of Chancerie (common­ly called the Rolls) hath diuerse Records of diuerse and sundry Natures, beginning with some part of King Richard the third; and so from thence drawne downeward to the present.

The Records of Chance­rie are diuided into these kindes, viz.

  • 1. Patents.
  • 2. Close Rolls.
  • 3. Bundles.

PATENTS.

In the Patent Rolls are contayned all Grants made from the King to the subiect, [Page 2] which passe vnder the great Scale of Eng­land: that is to say, All

  • Perpetuities, fee Formes, fee Simples, &c.
  • Leases for Life, Yeares, or at Will.
  • Grants of Liberties.
  • Licences, and Pardons of Alienation.
  • Presentations.
  • Annuities.
  • Speciall Liueries.
  • Speciall, and Generall Pardons.
  • Pardons of Vtlarie.
  • Licences of all sorts, which passe the Great Seale.

And on the backside of the said Rolls (cal­led Patent Rolls) are inrolled and indorsed these things following: that is to say,

Commissions for the Peace.

Commissions for Gaole Deliuerie.

Commissions for Oyer and Terminer.

Commissions to enquire post Mortem.

And all the speciall Commissions which passe the Great Seale.

CLOSE ROLLS.

The next sort of Records of Chancerie are called Close Rolls: In which are con­tayned [Page 3] these things following: that is to say,

  • 1. All Indentures, which are acknow­ledged in Chancerie betwixt partie and partie, Subiects.
  • 2. All Recognizances, which are ac­knowledged in Chancerie betwixt partie and partie, Subiects.
  • 3. All Deeds whatsoeuer, acknowled­ged in Chancerie betwixt parties, Subiects.

(The said Indentures, Recognizances, and Deeds being on the back of the Roll indorsed: And diuerse special Writs on the inside thereof.)

Besides these seuerall kinds of Close Rolls, there be diuerse other Rolls, which because they can challenge no other, or rather more proper station, I thought good to place here: viz.

The Foreigne Roll, called the French Roll, contayning Treaties betwixt this King­dome and Foreigne Estates, and Treaties of Entercourse, &c.

The Roll, called the Lord Treasurers Roll, or (most commonly) the Fine Roll, wherein are [Page 4] contayned the Patents of all Escheators, Customers, Controllers, Searchers, Vlna­gers; and briefely, all such Patents as passe the Great Seale, and are in the gift of the Lord Treasurer for the time being.

The Roll contayning the confirmation of Liberties and Grants made from the King.

The Parliament Roll, wherein should bee written all Acts of Parliament.

The Roll called Watsons Roll, contayning diuerse Grants and other things confusedly and promiscuously layd together; which one Watson (sometimes Clarke of the Great Seale, that is to say, betwixt the thirtieth and fortieth yeares of the late good Queene Elizabeth) did for six or seuen yeares toge­ther keepe in his Chest, and vpon his death they were found, and brought into the Chaple of the Rolls.

There is likewise (or should be) a perfect Roll of the Creation of the Nobilitie, in which all Creations might bee inrolled: which I hold to be the rather necessarie, for that many Grants haue beene past to one man, some whereof, vnder one Title, others [Page 5] vnder another, of Office, or Nobilitie (as the partie hath beene aduanced:) which incer­taintie of the Patentees Title, causeth more expence, and search, then otherwise would be, if this Roll were duely kept.

The Roll contayning all Iudgements, Decrees, and dismissions of Causes in the Chancerie, with some other few Rolls, which I omit, as being of little vse to this present purpose.

BVNDLES.

The third sort of Records of Chancerie, are called Bundles: In which are contayned these things following, viz.

1. The Files of Bills and Answeres in Chancerie.

2. The Files of Corpus cum causa, with the Bayles vpon the same.

3. All Writs of Certiorare, with the Cer­tificates vpon the same.

4. All Attachments, Proclamations, and Commissions of Rebellion, and Transcripts of Iniunctions.

5. The Bundle, called the Scire facias Bundle, wherein are filed all Writs of Scire facias, Au­dita querela, Ex graui querela, and their Tran­scripts.

[Page 6] 6. Staple Bundle, wherein are filed all Certificates of Statutes of the Staple, all Ex­tents returned vpon the said Statutes, and Liberatees vpon the same.

7. Stoole Bundle, in which are contayned all Transcripts of Supersedeas for Peace, and Good behauiour:

8. Gallowes Bundle, wherein are filed all Certificates made from Bishops, for the Writ called Excommunicato capiendo, and the Supersedeas vpon the same.

9. The Horne Bundle, in which are con­tayned all Bayles vpon speciall Pardons.

10. The Pot Bundle, wherein are con­tayned all Bills from the Exchequer, of the Names of the Sherifes who haue there put in Sureties: And all Warrants of Attorney, for all Sherifes of Counties and Cities, who haue Sherifes.

11. The File of Certiorare Bills, wherein are filed all Bills that are exhibited in Chan­cerie for Certiorare:

12. The Arrow Bundle, wherein are filed all Letters Patents surrendred.

All Indentures of Deeds cancelled.

All Acts of Parliament, certified by Cer­tiorare.

[Page 7] All Writs of Dedimus potestatem, to take knowledge of any Deed or Recognizance to be enrolled, or cancelled.

All Writs of Dedimus potestatem, for the ac­knowledging of any Warrant of Attorney vpon Writs of Entry; as also for the taking of the Sherifes Oath.

All Writs de Coronatore, & viridiario elegendo.

All Writs of Dower, and such like, as are for the Prince.

13. The Escheators Bundle, wherein are contayned all Inquisitions, taken eyther by vertue of Writ, or by vertue of Office.

14. The Priuy-Seale Bundle, wherein are contayned all Priuy-Seales, directed to the Lord Chancellor or Lord Keeper of the Great Seale, for the passing vnder the Great Seale of any Grant from the King, that hath pas­sed the Signet and Priuy-Seale.

15. The Bundle of Bills signed, wherein are contayned all Bills signed by the King, which passe the Great Seale by the said im­mediat Warrant, without passing the Priuy-Seale at all.

And there are likewise in the same Bundle all Warrants frō the Court of Wards, as speciall Liueries, generall Liueries, &c.

[Page 8] 16. The Treasurers Bundle, called the Purse Bundle, wherein are filed all Warrants of Es­cheators, Customers, Controllers, Searchers, Vlnagers, and the like.

17. The Cardinals Bundle, in which are contayned all Inquisitions taken vpon the Suruey of so many Religious Houses as are returned into that Office, which are these following: that is to say,

Inquisitions of Abbeyes supprest, and returned into the Chancerie, with the Shires in which their Lands lye, viz.

1 Essex1 Blackmore Priory.
2 London
3 Hereford
1 Norff.2 Broomhill Priory.
2 Suff.
1 Sussex3 Bradwell Priory.
2 Kanc.
1 Warw.4 Canwell Priory.
2 Staff.
3 Leicest.
1 Buck.5 Begham Priory.
2 Northamp.
[Page 9]1 Sussex6 Calceto Priory.
1 Northamp.7 Dauentree Priory.
1 Suffolke8 Dodnes Priory.
1 Oxon9 S. Friswid in Ox­ford Priory.
2 Bark.
3 Buck.
1 Suffolke10 Felixstow Priory.
1 Essex11 Horkesley Priory.
1 Oxon12 Litlemore Priory.
2 Bark.
1 Kanc.13 Lisnes Abbey.
2 Suffolke
3 Essex
4 Surrey
5 London
1 Hartford14 Pray Priory.
2 Buck.
1 Suffolke15 S. Peters in Ipswich.
1 Bark.16 Poghley Priory.
1 Suffolke17 Rumburgh Priory.
2 Norfolke
1 Buck.18 Raueston Priory.
[Page 10]1 Buck.19 Sandwell Priory.
2 Stafford
1 Essex20 Stansgate Priory.
1 Suffolke21 Snape Priory.
1 Essex22 Titre Priory.
1 Kanc.23 Tunbridge Priory.
2 Cant.
3 Suffolke
4 Norfolke
5 Surrey
1 Essex24 Thoby Priory.
1 Bark.25 Tuckford Priory.
2 Warw.
1 Bark.26 Wallingford Priory.
2 Oxon
3 Buck.
1 Essex27 Wikes Priory.

OBSERVATIONS TO BE HAD in search of Chancery Records.

FIrst you shall vnderstand, that there be some few Grants which were neuer inrolled at all, but remaine amongst [Page 11] the Bills signed: As that of 31. of Henry the eight, to Thomas Lord Audley, Lord Chancellor of England, concerning Sampkins Lands in Essex, with some others, which for the most part are notwithstanding inrolled in the Exchequer.

Next note, you shall loose your labour, if you search in the Chaple of the Rolls for any Grant from the King, which passed the Great Seale but within foure or fiue yeares last past: for they are not, or (at least) vse not to be brought ouer thither so speedily.

But in the meane time, are either with the Riding Clarke (who is one of the six Clarks of the Chancerie, and takes his turne to doe that seruice) for his yeare (that is, to haue the controlling of all Grants which passe the Great Seale:) Or else (if they be past him) they are in the Office of the Petty Bagge: As are Inquisitions post Mortem, and diuerse the like, till they can be transmitted to the Chaple of the Rolls. And yet the Clarkes of the Chaple can as sufficiently make the said search for you, as any other, and for the like Fee, &c.

[Page 12] Further obserue, that there be diuerse In­quisitions post Mortem, which are not to bee found in the Chancerie at all, by reason of some Omissions, and yet notwithstanding, are to be found in the Exchequer, by reason of the correspondencie betwixt those two Courts (as I shall shew in his place here­after.)

And for such Omissions, yee may redresse them, by transmitting the said Records (by Certiorare) out of the Exchequer vnto the Chancerie (as occasion shall require.)

Further, if you haue occasion to haue a Copie of any Patent, Roll, or Bundle, to plead or shew in Euidence; you must eyther ex­emplifie the same, or else (at least) take a Co­pie of the whole Record, though there bee many other things contayned in the same, which concerne not your present purpose, or businesse; and haue the same exactly ex­amined, that Oath thereof may be made, at the pleading of the same: Besides that, it must be subscribed by a Clarke of the said Office, vpon such examination by him so made.

DIRECTIONS FOR THE exemplifying of any thing vnder the Great Seale.
EXEMPLIFICATION.

IF any Grant which hath beene past the Great Seale, be inrolled, and containe more mens Estates then one; Which Originall Grant can remaine but in one mans hands: Or in case where the Origi­nall is lost, you would exemplifie the same: you must first search in the Chaple of the Rolls for the Inrolment thereof; which be­ing found, any Clarke of the Office may engrosse the same: And when it is engros­sed, you must get it examined with the In­rolment, by two Masters of Chancerie, who must testifie their said Examination vnder their hands. And then (it being readie for the Great Seale) you must beare the Docquet thereof vnto the Lord Chancellor or Lord Keeper of the Great Seale, to examine and peruse the same: Which being by him al­lowed, it may passe the Great Seale, and bee exemplified.

[Page 14] Where note, that you may exemplifie no­thing of course, but what is inrolled, though it be amongst the Bills signed, or by neg­lect or chance be omitted out of the Inrol­ment: Neither can an Inrolment be altered, in case where the Originall and Inrolment agree not, though by the fault of the Clarke who inrolled and ingrossed the same; with­out extraordinary and most curious exami­nation of all the great Officers of the Chan­cerie at the least (if so) &c.

Fees of search in Chancery.

For search of any thing in the Index or Kalender— xijd

For sight of euery Record you call for by the Index or Ka­lender— iiijd

For copying of any thing, you pay for euery Sheet— viijd

For the Hand of the Clarke to any thing you coppy— ijs

Fees of Exemplification.

For euery Skin of Parchment which the Grant containeth xxvjs viijd

[Page 15] For the two Masters of the Chancerie, their Hands to it— iiij s

For the Seale to it— xx s vj d

For deliuering of the Docquet— xijd

Out of the foresaid generall Rule, I must except such things as are not in the Kalender, as the Bundles, called Breuia Regis, Foreigne Rolls, and the like; the search whereof is very vncertaine, and intricate: For in those searches, your Fee must answer the Clarkes extraor­dinarie paines, &c.

THE TOWER OF LONDON.

THE Office of Records of the Tower of London, is a Member or Limme of the Office of the Rolls of Chancerie, and was made and ordayned onely, to receiue all the old Records from the Chaple of the Rolls of Chancerie, at such times as the Master of the Rolls should thinke fit to disburden the Chaple, and send such Rolls as whereof there is lesse vse (by reason of their Antiquitie) ouer to the Office of the Tower.

The Records in the Office of the Tower begin with some part of King Richard the third, and so extend backward towards the Conquest; howsoeuer, it hath but few Re­cords more ancient, then of King Iohn, and Henry the second.

[Page 17] The Records contayned in the Office of the Tower, are the like generally, and of those kindes, as are the Records formerly declared to be in the Rolls of the Chancerie: viz.

  • The like Patents, and Commissions.
  • The like Close Rolls of all sorts.
  • The like Bundles of all sorts.

The Office of the Tower, by reason of the antiquitie of Records contayned in it, hath some Records, the like whereof are not in the Chaple of the Rolls: viz.

The Taxation of the Spiritualtie.

A Booke of Taxation, taken vpon the Sur­uey of the Spiritualties of England, or all the Spirituall Liuings: Whereof there is one likewise remayning with the Kings Remem­brancer of the Exchequer.

Taxation of the Temporaltie.

A Booke of Taxation, taken vpon the Sur­uey of the Temporalties of England, or all Temporall Liuings, diuided into their seue­rall Denaries.

But whether this latter Booke be a Re­cord, [Page 18] or no, I make question; it being brought thither of late times, by a Clark of that Office: and (as I heare) likely to be carryed away againe, if not alreadie gone.

There is also the ancient Perambulations of Forests.

Parliament Businesse.

There be likewise diuerse Parliament Bu­sinesses, the like whereof are not in the Cha­ple of the Rolls.

Foreigne Rolls.

There be likewise diuerse Rolls of Foreigne Businesses, the like whereof are not in the Chancerie.

The Obseruations concerning the Omis­sions, or not inrolling of some Offices, and Patents, are the like as in the Chaple of the Rolls; and their remedies the like.

The Correspondencie the like betweene this Office and the Exchequer.

And (to conclude) there be some Records in the Tower, which, because there is no or­der taken for the reducing of them into Kalenders, and their distinct Classes, can ney­ther be by me, nor any other, here, or else­where [Page 19] demonstrated. It were to be wished, that some course might be taken in time, for the repayring of those Records which are worne out with their Antiquitie, before it be too late, and past remedie: It is the generall Cause, therefore would haue the helpe of the generall Purse in that behalfe.

The Fees for search in the Tower.

For search of any thing by Kalender, or without— xs

And if you haue once payd the Fee of search, you may for the same Fee search for the same thing so often and so long, as vntil you be reasonably well satisfied, with some consideration to be had respectiuely first and last to the Clarkes paines.

In all other things, as

  • Coppy.
  • Hand.
  • Exemplification.

And generally, as in the Rolls of Chancerie aforesaid.

THE EXCHEQVER.

THE Records of the Court of Exchequer are many; and they remaine in the custodie of di­uerse seuerall Officers of that Court (as appertaines to their seuerall places.) And of the said seuerall Officers, because some haue but the custo­die of Records transitorily, as they passe through their hands; and others, by way of controlment and examination: I intend onely to shew what Records the Clarkes, (with whom the Records of the Exchequer are filed, or rather fixed for euer) haue in their custodie: viz.

  • The Kings Remembrancer.
  • The Lord Treasurers Remembrancer.
  • The Clarke of the Pipe.
  • The Auditors.
  • [Page 21] The Clarkes on the Receipt side, vnder the Chamberlaines.
  • The Office of the Pleas.
  • And the rest of the said Exchequer.

As for the rest of the Officers and Offices omitted, I passe them not ouer, but imply them rather in these aboue named.

INDVCTION TO THE better vnderstanding of the Records of the EXCHEQVER.

BEfore I enter into the distribution of these Records, first I must giue you to vnderstand, that there was anciently deuised an Extract of Chancerie, which is at this day called the Originall of Chaneerie.

This Originall or Extract, transmitted yearely from the Chancerie to the Exchequer, contayneth in it most of the businesses and matters belonging to the Exchequer.

And by this Extract or Originall growes the great germane affinitie betwixt the Ex­chequer and the Chancerie.

The Businesses of this Originall or Ex­tract, I now intend to distribute to the se­uerall [Page 22] Officers and Offices before recited, as they doe properly appertaine vnto them, with such other matters of Record as they may peculiarly challenge vnto them; espe­cially according to the order of Sir Richard Lister, sometime Lord chiefe Baron of the Exchequer, made the sixt of Iuly, in the fiue and twentieth yeare of the fortunate King Henry the eight, for reconcilement of cer­taine Differences then had betwixt the two Remembrancers: as followeth.

THE KINGS REMEMBRANCER.

THE Records here are as anci­ent, as the beginning of King Henry the third; and few more ancient.

In this Office of the Kings Remembrancer are contained, entred, and filed these things: viz.

All Writs of Priuiledge for

  • The Lord Treasurer
  • The Chancellor
  • The Chamberlaines
  • The Barons
  • The Marshall
  • All the great Officers

of this Court.

All Writs of Priuiledge for Clarkes, and the les­ser Officers— of this Court.

[Page 24] All their seruants attending in their said Offices.

All Informations vpon all

  • Forfeitures.
  • Penall Lawes.
  • Intrusions.
  • Contempts, &c.

Also all Processe made out by the Originall, against all

  • Customers—
  • Controllers—
  • Vlnagers—
  • The Ganger of London
  • Collectors of all Taxes—

for their Accompts with all things belonging there­to.

Recognizances taken to the Kings vse; as they be with the other Remembrancer also.

All Processe vpon Recognizances for the King, for execution thereof by Scire facias, or otherwise, till the Defendant bee dis­charged.

All Euidences, Deeds, and Writings sealed, concerning the King, which are requisite to be inrolled in the Exchequer; as they bee with the other Remembrancer also.

All Deeds concerning any other party but the King, requisite to be inrolled in the Ex­chequer.

[Page 25] Writs of Mittimus out of Chancerie.

Writs directed out of Chancerie to the Ba­rons of the Exchequer.

Priuy-Seales directed to the Barons.

All manner of Writs vpon all manner of Commissions, for concealements of Cu­stomes of Merchandizes; with all Writs of Assistas in Auxilium, for collecting of the same Concealements, and all other Writs which concerne such Businesses.

All Letters Patents (as they may be with the other Remembrancer, at the pleasure of the Patentee.

Also all Bagges of Parcels of Accompts of

  • Escheators
  • Commissioners
  • Searchers
  • Stewards
  • Baylifes
  • Fermors
  • Butler

whereof there is any Parcell made.

All Writs directed to the Exchequer, for search of any thing.

All Inquisitions sent by Mittimus to the Exchequer.

[Page 26] All Acts of Parliament sent by Mittimus to the Exchequer.

Likewise all Processe against these, viz.

  • The Treasurer
  • The Coferer of the Household
  • The Butler of England
  • The Maior and Fraternitie of the Staple
  • The Master of the Horse
  • The Officers of the Mynt
  • And other great Officers

for their Accompts

There are likewise, since the making of the foresaid Order of Sir Richard Lister, by his appointment, some Records brought from the other Remembrancer to this; the certaine Titles whereof appeare not in the said Order.

There is likewise a Presse de rebus tangen­tibus Hiberniam.

There is likewise in this Office, the Red Booke; which treateth most excellently of the ancient Ordination and Orders of the Exchequer.

As also the Booke intituled, Liber Decre­torum & Ordinationum Curiae Augmentationis Coronae: Which was made, for the most [Page 27] part, in the time of King Henry the eight, and is likewise in the Augmentation Court.

The Booke of the Taxation of the Ab­beyes.

Likewise some Leidger Bookes of Religious Houses.

Some

  • Rentalls
  • Surueyes
  • Accompts
  • Grants
  • Contracts
  • Leases
  • Compositions

of Religious Houses, which (for the most part) were brought thither for some especiall ser­uice of the King, vpon Tryall or like occasions.

Some Allowances and Proprieties of Sacrists, Cellarists, and other Officers of Religious Houses.

And I find in the Red Booke, before men­tioned, that there was in this Office a Booke called Tricollumpnus.

This Booke (as the name imports) con­sisted of three Collumpnes.

1. The first, concerned the Church of England.

2. The second, the worthy Acts of King Henry the second.

[Page 28] 3. The third, Negotiations publique and familiar. But this Booke is not to be found any where.

And this shall suffice for the Kings Remembrancer.

As for the Obseruations to be had in search here, with the vsuall Fees thereof; I shall take occasion to speake in the next place.

THE LORD TREASVRERS REMEMBRANCER.

IN the Office of the Lord Treasurers Remembrancer are contayned, filed, and en­tred these things following: viz.

The Originall or Extract of Chancerie it selfe.

For though the Kings Remembrancer and the Clarke of the Pipe take out of the same such things as concerne their Offices respe­ctiuely, yet the Originall it selfe doth alwayes remayne here.

The Contents of the Originall are these: viz.

[Page 30]1. The names of all

  • Sherifes
  • Escheators
  • Customers
  • Controllers
  • Searchers
  • Fermors of Vlnage
  • Fermors generally,

That they may be called vnto Ac­compts.

2. All Liueries sued out of the Kings hands; that Processe may bee made against the Kings Tenants, for doing of their Ho­mage, and answering of their Reliefes.

3. All manner of Patents, granted by the King to any person, wherein is reserued or contained any Homage, or Fealtie, or else any yearely Rent to his Maiestie, or whereby a Fee is granted.

4. All manner of Commissions to any

  • Iustices of Peace.
  • Iustices of Sewars.
  • Iustices of all kinds.

That Proces may be made against them for deliuering of

  • Recognizances
  • Issues
  • Fines
  • Amerciaments

Taken before them.

5. All manner of Commissions, directed to any person or persons, to enquire of any Lands or Tenements of such as haue beene [Page 31] offenders to the King. In which Commissions the Commissioners haue authority to seize the said Lands or Tenements to the Kings vse; that Processe may be made against the said Commissioners, for the profits thereof.

6. All names of all Collectors of

  • Subsidies
  • Fifteenes
  • Dismes
  • Taxes generally

To call them to accompt.

7. There is likewise in the said Originall (or at least should be) all Pardons of course, gran­ted of Grace, for Manslaughter; by which, though the Life be pardoned, yet the Goods of the party so pardoned, be forfeited: So thereby Processe may goe forth, to enquire what Goods or Chattels hee had at the time of the doing of the Offence.

8. Also vnder the Title of Diem claufit ex­tremum, are all the names of such persons, as after whose deaths the Escheator hath found any Office or Title for the King, by Knights Seruice, &c. And in how many Shires the said Office was found, and before what Escheator: That in case one Office make no mention of any Tenure for the King, whereby he should haue a Right; yet then they may examine [Page 32] all the other Shires, whether there bee any Tenure for the King in them.

Also there are, or should be, all Recogni­zances forfeited to the King in Chancerie, and Charters of Denization: And these bee the Contents of the Originall for the most part; which though it were dis-vsed in the Lord Chancellor Cromwels dayes, yet it was restored to his former vse afterwards.

Now I returne to shew what other Re­cords, besides the Originall, are with this Re­membrancer: viz.

All manner of Accompts of

With all processe vpon these Ac­compts.

  • Sherifes.
  • Escheators.
  • Commissioners.
  • Searchers.
  • Stewards.
  • Baylifes of Franchises.
  • Fermors.
  • All Gaugers (London only excepted)
  • Accompts for Workes, Buildings, and Reparations for the King.
  • Prest Moneyes.
  • And what is not in the other Re­membrancer.

[Page 33] Also here are all Extreats out of

  • The Kings Bench.
  • The Common Pleas.
  • The Clarkes of the Market.
  • Iustices of Peace and Assise.
  • Iustices of Gaole Deliuerie.
  • Iustices of Sewars.

To be by him deliuered to the Clarke of the Extreats.

All other Extreats or Penalties from any other the Kings Iustices or Ministers, other then what are formerly assigned to the other Remembrancer.

All Writs of Priuiledge, of such as haue cause of Priuiledge here on this side.

All Recognizances of the Exchequer, as well as on the other side.

All Euidences, Deeds, and Writings, sealed concerning the King, which are to bee in­rolled in the Exchequer (as well here as on the other side.)

All Letters Patents, as well here as on the other side, at the pleasure of the Patentee.

All Processe against Commissioners ad cer­tificandum, & ad seisandum, &c. other, then what concerne Customes & Merchandizes.

All Processe vpon Patents of Fermors, made and recorded here.

[Page 34] All Records of Vtlaries certified to the Ba­rons; the Processe whereupon, hee makes and deliuers to the Escheators.

All Inquisitions, Offices, and Transcripts, other then what were formerly assigned to the o­ther Remembrancer, passe through his hands to the Parcell-maker.

All Taxes of payment of the Accompts of Sherifes Escheators and Baylifes. entred here.

All Amerciaments afferred in Court.

All Summons of Accomptants.

All Neglects of their Apparances.

All Amerciaments for mis-returne of Writs.

All Awards of Writs, according to their re­turne, thereby to note the Defaults.

A Booke made at euery Termes end, of all Iudgements of any Debts discharged, to be by him deliuered to the Clarke of the Pipe, for the parties discharge.

The Booke, which is commonly called Nomina villarum, made about the ninth of King Edward the second: Wherein is con­tayned the Names of all the Hundreds and Villages of England, with the Names of all [Page 35] the then Owners of them; excepting some few Shires vncertified, or lost.

The Booke of all Knights Fees.

The Booke of the Aide of the Prince.

The Surueyes of diuerse the Kings Lands, taken of late yeares.

There are with this Remembrancer, as with the other, diuers Records: viz.

  • Rentalls
  • Leidgers
  • Surueyes
  • Accompts

of Religious Houses, brought thither vpon speciall ser­uice of the King.

And lastly, here are the Accompts of Assesse­ments, and other proceedings touching Ro­mish Recusants. But this Limne is taken a­way from this Remembrancer, and made late­ly a seuerall Office of it selfe.

OBSERVATION FOR search in the two Remem­brancers.

FIrst, in regard their Records lye in seuerall and differing places, there is thereby great difference in the manner and charge of search of the same.

[Page 36] Next, you shall vnderstand, that within the said seuerall Remembrancers there are se­uerall Clarks, who haue peculiarly and pro­perly the keeping of seuerall Records: And that the Records of these Offices are not as those in Chancery, common to all the Clarks alike; especially for the Lord Treasurers Re­membrancer, who hath vnder him diuerse Se­condaries and Clarkes, appointed to their seuerall Records distinctly: But it shall suf­fice, that I bring you to the Office, wherein you may promise your selfe to finde these Records, paying Fees for search as follow­eth.

FEES OF SEARCH WITH the two Remembrancers.

At tho Exchequer, at West­minster.

For search of the Red Booke on the Kings Remembrance side, as followeth.

For opening the Chest— ijs

For the Attorney, who sheweth it, if hee goe of purpose to Westminster to shew it— iijs iiijd

[Page 37]Otherwise, it may be the Attor­ney will take lesse: viz.— j s

For search on the Lord Treasurers side.

For search of any thing in the Tenure-house, their Liguli Inquisitio­num, and Gills Bookes— vjs viijd

For search of all other things generally in the Office in London— as in Chan­cerie.

For search at Westminster gene­rally, according to their paines in search— no certaine Fee.

For search in Vacation time at Westminster, your Attorneyes Fee at least— iijs iiijd

Besides the Vshers, for opening the doores.

And for more certaintie, I referre you to their owne Tables of diuerse Fees, which are or should be in their Offices, to be seene publiquely: I hauing onely set downe the Fees of mine owne practise herein.

And this shall suffice for the two Re­membrancers.

THE CLARKE OF THE EXTREATS.

WITH the Clarke of the Ex­treats are

All Extreats of the Greene Waxe vpon

  • Fines,
  • Amerciaments,
  • Forfeited Recognizances, &c.

Whatsoeuer is extreated and directed to all the Sherifes of this Realme, of all such summes of Money as be lost and forfeited within their seuerall Bayli­wikes, to the intent that they should leuie the same for the King.

And thus much shall suffice for the same Records which are here, and by transfe­rence to be found elsewhere, vt supra.

THE PIPE.

THE Records here, are some as ancient as in the time of King Henry the second.

The Clarke of the Pipe, who by Office hath the execution by Summons of the Pipe, of all Debts determined vpon all the Kings Debtors, of what kind soeuer; hath accordingly the Making, Entring, and Recording of

All

  • Processe of Summons
  • Processe of Extent

against all the Kings Debtors.

Also

The Booke, called the Booke of Iudgements, which is said to be likewise with the Lord Treasurers Remembrancer.

All Leases of any the Kings Lands, being but Quillets, vnder the Rent of fiue pounds yearely, and past vnder the Exchequer Seale, and Custodie.

[Page 40] For if they be aboue fiue pounds per an­num Rent, Or vnder fiue pounds per annum past in Reuersion, Or past with other things, which make the Booke exceed fiue pounds per annum: Then they passe vnder the Great Scale, and are to be found in the Chancerie vt supra.

All Leases and Grants, wherein there is Homage or Fealtie, or such like seruice reser­ued to the King.

The Roll called the Great Roll, which hee engrosseth.

And herein he conueyeth yearely all Vicouncels and Fermes and the arrerages thereof.

And all Debts due to the King, are in the said Great Roll contayned.

Also here are All such Awards as the Barons make vpon any Examinations of any charging or discharging them of

  • Sherifes
  • Escheators
  • Stewards
  • Baylifes

All summes of Money by him cast vp, such [Page 41] as the foresaid Accomptants shall be charged withall.

Either

By the Foreigne Opposer of Greene Waxe▪

Or,

The Auditor for Foreigne Accompts.

Here are also

All Grants, wherein the King may haue either

Reuersion,

or

Rent.

Which, with diuers other things, hee ta­keth out of the Originall of Chancerie, and enters the same, with most of his other Bu­sinesses, in the Roll called the Great Roll, before mentioned.

Also here are

All Fines, for not acknowledging of Homage or Reliefe, Extracted from the Lord Treasurers Remembrancer.

[Page 42] All Amerciaments set vpon Accomptants, for not keeping their dayes prefixed, or for what cause soeuer.

All Debts recouered for the King, which hee extracts from the Kings Remembrancer, with the Fines and Amerciaments of any Ac­comptants there.

All Duties for Vacation of Bishoprickes, and the like Debts.

And all other Fermes and Debts, for which Processe are awarded by the Barons of the Court.

All

  • Allowances
  • Petitions
  • Charges
  • Accompts
  • Discharges

of Collectors and Accomp­tants generally, as the Court doth award them.

All the Kings Household Expences, and o­ther Foreigne Accompts.

All Accompts of the Kings Reuenues, &c.

These,

With some other Records of diuers na­tures, not so proper or natiue to this Office [Page 43] as the former, being brought hither at some times for speciall seruice of the King, are here likewise.

And briefely, hence issue as from a Pipe, all Processe, whereby the King recouereth or extracteth any thing due vnto him, or dischargeth the same.

THE AVDITORS.

THE Auditors are of two sorts: and so accordingly are the Records remayning with them, differing respectiue­ly.

  • 1. The one, for the Kings Reuenues.
  • 2. The other, for the Prest Accompts.

The Auditors for the Reuenues are likewise of two sorts:

1. The one for his certaine Shires.

Accompts proper and foreigne, of all Accomptants to the King.

Accompts referred vnto him by the Ba­rons.

2. The other selected by his Maiesties Commissioners, to bee Clarke vnto them, when they haue especiall Commission for the letting, selling, & setting of any his Maie­sties Lands or Possessions; and hee is called Auditor of the Rates.

AVDITOR OF THE REVENVE.

WIth the Auditor of the Reuenue are these Records following: viz.

All the Accompts of the Reuenue of All the Kings

  • Honours
  • Mannors
  • Lands
  • Tenements

in their seuerall Cir­cuits.

Shewing

  • 1. What Lands euery Tenant holdeth.
  • 2. What Rent euery Tenant payeth.
  • 3. What Seruice the Tenant oweth in some cases.
  • 4. What the cleare value of the Lands held is.
  • 5. What Reprisals, Perquisus, &c.
  • 6. What Allowances and Fees issuing.

Distinguishing

  • 7. The Possessions and the Demesnes from the rest, &c.
  • 8. The Freehold from the Customarie.

Charging and discharging

  • 9. The Tenants, who are to pay the Rent.
  • [Page 46] 10. The Receiuers and Baylifes, who col­lect the same.

Next, are in his custodie such Leases, as wherein there is reserued to his Maiestie either

Rent, or Seruice.

Next, are with him such Leases or Grants as whereby the King is to pay Fee to the Leasee or Grantee, by the hands of his gene­rall Receiuer of the Countie, &c.

Next, here are the Accompts of All

  • Customers.
  • Escheators.
  • Receiuers, generall and particular.
  • Formors.

Lastly, here are in this Office Diuerse

  • Rentalls,
  • Leidgers,
  • Surueyes, &c.

For Lands in their Shires at least.

And most of these last Records haue come to their hands since the dissolution of the Monastique Houses, and for the most part vpon occasion of especiall seruice for the Crowne, &c.

[Page 47] And diuers of the said Records no doubt haue beene carryed from this Office, by the Executors, Friends, and Clarkes of Auditors deceased; of which, the King and his sub­iects might haue excellent vse and benefit.

THE AVDITOR OF THE RATES.

WIth this Auditor of the Rates, are

  • 1. The Grants of what is sold, let, or set by the Commissioners.
  • 2. The Rates of the same.

OBSERVATION.

SO that it is not sufficient for you, to search the proper Auditor for the Shire, for discouerie of any thing past; but you must further cleare the search with this Auditor of the Rates. And in some cases you shall not haue full satisfaction of the passing of some things, vnlesse you search as lowe as with the Clarke of the Papers of the Signet.

AVDITOR OF THE PREST.

THis last Auditor being for the Prest Accompts, hath and taketh all Accompts of All

  • 1. Moneyes giuen in Prest
  • 2. The Buildings
  • 3. Maintaynings
  • 4. Repairings

of his Maie­sties Nauie, Houses, &c.

5. With all Accompts appertaining there­unto.

6. All Accompts of the Household, and all the Officers of the same.

Fees of search with the Auditors.

At the Office as in the Rolls of Chancerie generally.

At Westminster as in the Remembrancers ge­nerally.

THE RECEIPT SIDE.

THE chiefe Records on this side, within the compasse of my subiect, proposed onely for the clearing of Titles and Estates, are in the custodie of

  • 1. The Chamberlaines, and their Deputies, and
  • 2. The Clarke of the Pells.

Or at least, I may imply the rest within or vnder the Chamberlaines, and Vnder-Cham­berlaines.

CHAMBERLAINES.

THe Chamberlaines haue the custodie or passing of

1. All Tallies stricken, in receipt of all payments made to the King.

2. All Foyles

  • Ioyned, or
  • Vnioyned.

[Page 50] 3. Old Records of the Exchequer Court, being more ancient then those in the Re­membrancers.

4. And Pleadings of the Common Pleas, till the end of Richard the second: And of the Kings Bench, till the end of Henry the fifth; where their owne proper Treasuries begin, and are kept in the Treasurie called the Round Treasurie, behind the Abbey at Westminster.

5. Some ancient Treaties with Foreigne Estates; being of more antiquitie then the Records of the proper Treasuries of the Kings Bench: And these are kept in a Trea­surie adioyning to the foresaid Round Trea­surie, and are kept very strictly vnder sixe Keyes, belonging to so many seuerall Offi­cers of the Exchequer.

6. Diuerse Records; as Pleadings, and other things commixed, of the time of King Edward the first, King Edward the se­cond, and King Edward the third: And these are kept in a Treasurie neere to the Records of the Augmentation Office, be­cause the other Treasuries cannot containe them.

[Page 51] The Chamberlaines haue

7. The Booke, called Institutio Scaccarij, purporting the Subiect in the Title.

8. The Blacke Booke, which is elsewhere recited.

9. Offices post mortem, with the Parcels vp­on them, which they deliuer to the Parcell-maker.

10. All Writs of Allowances, sent from the King, by Mittimus vnder the Great Seale.

11. The Assignements of Auditors, in some cases to take Accompts.

12. A Booke of some of the ancient Lawes of S. Edward.

13. The Booke, commonly called Doomes-day, made in the time of the Conqueror, consisting of two Volumes: viz.

  • 1. The one, contayning Suffolke, and Norfolke.
  • 2. The other, contayning all the rest of the Shires.

THE INSTITVTION OF this Booke.

ANd this Booke was made for the re­ducing of the Estates of all the Lords Spirituall and Temporall, and Bodies Politique and Ciuill, that then were to hold immediately of the said Conqueror: and so consequently it containes as followeth.

THE CONTENTS OF Doomes-day Booke.

1. THe ancient Demesne Lands of the Crowne.

2. The Lands of the then Lords Spirituall and Temporall, Religious Hou­ses, Societies, Fraternities, Bodies Politique and Ciuill, &c. For the most part, by the Yard, Hide, Oxe-gauge, Carucate, Selion, &c.

3. Their Fayres, Markets, Priuiledges, Liberties, and Customes, &c. With diuers other things of like nature.

And you shall vnderstand what a Yard-Land, and what a Hide contayneth, by the same Author; and how many Hides were [Page 53] then in England: And consequently, how many Knights Fees; and how they were in propertie of the Church, or Temporaltie, appeares by the same Booke.

The Fees of search with the Chamberlaines, or their vnder Chamberlaines.

For search in the

  • Round Treasurie—
  • Treasurie of the Olde Treaties—
  • Treasurie of the three first Edwards—

viijs ijd

For Copie of any thing in any of them, euery sheet— js

For search of Domes-day Booke— vjs viijd.

For Copie of any thing in it, to be written in the old Saxon Let­ter, euery Line— iiijd

For search of the Ordinarie Re­cords, which belong vnto them as Chamberlaines, onely concer­ning their Tallies, &c.— as with the Remembran­cers, at their Office.

OBSERVATION.

Where note, that they haue the keeping, or rather the conseruing of the old Records of other Courts, and other things, as they are a part of the Kings Treasurie; and the Fees of Search and Copies are the greater, because they are diuided amongst many hands.

CLARKE OF THE PELLS, OR, CLERICVS PELLIVM.

WIth the Clarke of the Pells, are All

  • Receipts
  • Payments

To the King, for what cause soeuer, for or by whōsoeuer payd.

The Fees of Search

At no certaintie, but respectiuely to their paines.

And thus much for the Receipt Side.

NOW NEXT

THe Office of the First Fruits, and Augmentation of the Reuenues, offer themselues: For as for the Officers omitted, there is no Record with them, which may not be found with some other of the Officers formerly mentioned.

The Controller of the Pipe hath onely the controlment of what is with the Clarke of the Pipe.

The Foreigne Opposer maketh vp his Doc­quet, and deliuereth it to the Clarke of the Pipe.

The Parcell-maker, who gathereth toge­ther the Offices post Mortem, and maketh a Booke of the Parcells; is but a Retayler of Records: and they are elsewhere, as is formerly declared.

The Marshall hath nothing peculiar to himselfe, which is matter of Record.

[Page 56] The Vsher his Office consists more in knowing the number, then the nature of the Records.

The Clarke of the Nihils onely offers his emptie Purse to the Clarke of the Pipe.

And therefore I passe these ouer, and ad­dresse my selfe to that which requires the Remainder of my Lampe.

THE FIRST FRVITS OFFICE.

WITH the Remembrancer of the First Fruits, and Tenths, are

1. The Valuation of all Bishoprickes, Denaries, and Ecclesiasticall Promotions, vvhich ought to pay First Fruits, and Tenths.

2. All Bonds for securitie of the First Fruits, and Tenths, be here kept and made.

3. All Processe for the same.

4. All Lands belonging to most of the Religious Houses, certified into this Office, though not by way of Suruey, yet in very distinct and exact manner; for the most part about the sixe and twentieth yeare of Henry the eight. Whereunto (as it is said) the Gouernors of such Houses were ledde, [Page 58] being perswaded by the Lord Cromwell, That what they brought in thither, should bee restored, and confirmed vnto them, in auoydance of the Premunire: And that what was omitted, should be taken and re­puted as concealed from the King.

FEES

For search of Valuations— xijd

For view of either Booke (the whole being deduced into two) which concerne Lands belong­ing to any Abbeyes—iijs iiijd

THE COVRT OF AVGMENTATION.

THIS Court contaynes all the Records of the Lands of all Religious Houses, as well the greater, as the lesse, which at the time of their Dissoluti­ons could bee brought into the Kings hands: As,

  • 1. Accompts.
  • 2. Surueyes.
  • 3. Surueyes vpon Accompts.
  • 4. Leidger Bookes.
  • 5. Rentalls.
  • 6. Leases.
  • 7. All other particular Euidences.
  • 8. The Pleadings, Presentments, and Proceeding in their Courts, before dissolution, with others the like.
  • [Page 60] 9. And lastly, the Surueyes taken vpon the Accompts of most of the said Lands, vpon and after their said Dissolution.

The Fees of search in the Augmen­tation Court.

For Search and Copie, as in the Rolls of Chancerie, except it be out of Terme time; and then, as in time of Vacation with the Remembrancers.

THE KINGS BENCH.

THE Records of the Kings Bench are distinguished, ac­cording to the seueral Limnes thereof.

The Limnes of the Kings Bench, bee two.

The Records are accordingly of two sorts: viz.

Pleadings vpon all Actions personall, and some mixt Actions.

Pleadings and Businesses of the Crowne.

THE PROTHONOTORIES SIDE.

THe Records on this side, are Pleadings vpon all manner of Acti­ons personall.

Inrolments of Purchases of Estates of Free-hold purchased, which may be there inrol­led, as well as in the Chancerie, or other Courts, at the pleasure of the Purcha­sers.

And in the Red Booke in the Exchequer, you shall find, that the King vsed to sit in person here, to entertaine and answere Fo­reigne Negotiations.

Treaties and Controuersies in Religion, and Ciuill Businesses.

But the more ancient of these, are with the Chamberlaines of the Exchequer.

And the latter are with the Keeper of the Kings Royall Paper (as I take it.)

The Records on this side, which are kept in the proper Treasurie, are as ancient as from the beginning of the harmelesse King Henry the sixt, till this present: Of which, onely the Records of one yeare and a halfe last past, are vnlocked vp, and lye open to bee searched, in the lower Treasurie; and [Page 63] some few yeares more in their vpper Trea­surie.

Fees of Search in the Kings Bench.

For Search of euery Terme in the vpper Treasurie— iij s iiij d

Besides the Keepers Fees of the Treasurie, which are little more then those of the Com­mon Pleas Treasurie—as in Com­mon Pleas.

For Search of euery Terme, of a yeare and a halfe past—vj d,

THE CROWNE OFFICE.

THE Crowne Office, in which are contayned the Pleas of the Crowne, Businesses of the Peace, and Good Behauiour; Indictments, Presentments, Attainders; Re­cognizances of diuerse sorts; Informati­ons vpon Penall Lawes; and Vtlaries of Offendors, and Malefactors, &c. I doe aduisedly pretermit.

THE COVRT OF COMMON PLEAS.

THE Records of the Common Pleas, are Pleadings vpon all Actions whatsoeuer, Reall and Personall.

Which may bee pleaded at the Common Law.

The Records kept in the Treasurie of this Court, are as ancient as from the be­ginning of King Henry the fourth, till this present.

Tenne of the last yeares Records lye a­broad.

The former yeares are shut vp.

Before the foure and twentieth yeare of our late Queene Elizabeth, the Reall Actions [Page 66] and the Personall went promiscuously toge­ther. But since that time,

  • The Kings Siluer and Fines
  • Assizes
  • Formedons
  • All Reall Actions
  • Deeds inrolled
  • Protections

All these were seperated from the Perso­nall Actions.

The Fees of Search in the Common Pleas.

For search of euery Terme, lying abroad— iiij d

For search of euery Terme, lockt vp— iiij s

For opening the Treasury Doore— iij s

To conclude, take direction from the Prothonotories Docquets, and Remem­brancers, to direct you in the Treasurie for latter times.

RECORDS OF COVRTS CHRISTIAN.

I Meane not to discourse eue­ry particular Court or Office in this kinde; but onely to pursue my Scope, proposed in the Frontispice hereof, for clearing of Titles: Within which limitation, these Records doe espe­cially offer themselues: viz.

  • Testaments, and Administration of Goods, &c.
  • Presentations, and Confirmations.
  • Immunities, Priuiledges, and other Rights of Prescription.

TESTAMENTS AND ADMINISTRATIONS.

ALL Wills and Te­staments of the Defunct are pro­ued, & recorded, either with the Register of the

  • 1. Prerogatiue.
  • 2. The Proper Dio­cesse.
  • 3. The Peculiar, or
  • 4. The Visitant for the present.

THE PREROGATIVE.

IN all cases where the Defunct hath or had Goods, Chattels, Credits, or other Personall Estate, to the value of fiue pounds, or vpwards, at the time of his De­cease, out of the Diocesse where hee liued, and was resident, or died; the Will of the Defunct is proued, and recorded in the Pre­rogatiue, for the whole Estate.

The Records of the Prerogatiue are as ancient, as vntill Septimo Richardi secundi, Anno Domini 1383. And it hath none more ancient, as appeares by their Kalenders, (which are exceeding well made vp, and disposed.)

[Page 69] For all such Wills as are of more antiqui­tie, you shall search for them with the ge­nerall Register of the Arch-bishop, in whose Office both these Businesses were carryed, till the diuision of the same, made at the time aforesaid.

ADMINISTRATIONS.

THE same Rules and Obseruations are to bee held in matter of Admini­stration of Goods, &c.

THE PROPER DIO­CESSE.

IN case where the whole Personall estate of the Defunct doth, or did, at the time of his Decease, remaine or bee within the Diocesse where hee liued, and was resi­dent, or died; so that the value of fiue pounds, or vpwards, thereof is not, or was not (at such time) in any other Diocesse: the Will of such Defunct is proued and re­corded in the proper Diocesse, with the Re­gister of the Arch-Deacon, or his Officiall of course, or the Commissarie.

[Page 70] And in the Bishops Visitation, with his Chancellor or Commissarie; with reseruati­on onely to the peculiars, together with the benefit of generall Visitation.

Note, that by reason of the familiaritie betweene the Bishops Commissarie, and the Arch-Deacon, commonly you may finde Wills, not being of Prerogatiue nature, so soone (sometimes) with the one, as the other.

The like Rule is of Administrations in the Diocesse.

Onely note, That sometimes you shall finde Wills proued, and Administration gran­ted in seuerall Diocesse (quoad) vnto seuerall parts or parcels of the estate of the Defunct, lying and being at the time of his death so separate and diuided: And sometime those which of right are proued, or granted and recorded in the Prerogatiue, to be likewise called to be proued or recorded in the pro­per Diocesse.

For such Wills as fall in time of Visitation, either of the Arch-Bishop, or the Bishop of the Diocesse, you must search for them ac­cording to the Rule of their times, and [Page 71] yeares of Visitation, wherein they are very certaine.

And (as I take it) heretofore, when the Pope had power of Visitation in England, hee tooke likewise Probate of Wills, &c. Which may be very well now missing inter alia.

OBSERVATION.

You shall note, that there be some Wills of the deceased, which cannot be found with the Register of any Court Christian; and yet are extant in the Chaple of the Rolls of Chancerie, or the Tower, in their Offi­ces post mortem.

And lastly, some Wills, which cannot bee found either with Register of Court Christian, or in Chancerie, may (in case, inter alia, where the deceased hath deuised any thing to any Societie, or Bodie Politique) bee found in­rolled in the House, Colledge, Hospitall, Hall, Abbey, &c. to whom such things were deuised; or amongst the Records of such Societies, dissolued; or amongst the Euidences of such, as vnto whom [Page 72] the same things so giuen, haue sithence come, if you pursue the same.

And this shall suffice for Wills and Testa­ments; wherein I onely write mine owne Practice.

PRESENTATIONS, AND CONFIRMATIONS.

NEXT, there are with the Register of the Courts Christian,

Presenta­tions & Confirma­tions To Spiri­tuall Pro­motions, being ey­ther Proper to the pro­per Patron, or Accidentarie, by Lapse.

1. For the proper Presentation, search with the Register of the Bishop, or of the Deane and Chapter, in cases where they haue the Propertie originally; and the Re­cord thereof is to be found with them re­spectiuely.

[Page 73] 2. And with the Bishops Register onely, in case the Presentation falls vnto him by Lapse.

3. But in case where any other priuate Patron doth present in his owne right, in his due time; the best light for discouerie thereof, is by the Induction, and sometimes by the confirmation of such Grants.

4. Or in cases where the King presents by Lapse, or Omission in the Bishop; search in the Chancerie: and generally, in most ca­ses search in the First Fruits.

CONFIRMATIONS.

COnfirmations are (for the most part) with the Bishop of the Diocesse.

And you shall find, before the Dis­solution of the Abbeyes, that Spirituall Liuings or Promotions were seldome gi­uen to any Religious House; but that the Patron of the same House confirmed it, and kept Record thereof.

IMMVNITIES.

THERE are next with the Registers of Courts Christian, Records of

  • Immunities
  • Priuiledges
  • Rights of Prescription

granted to Bodies Politique or Priuate.

As,

For exemption from paying of Tithe at all.

For paying of a Rate Tithe.

For paying, or doing somewhat, in stead of Tithe.

For exemption from comming to the Parish Church.

For exemption from diuers other Du­ties; as Watch, Ward, and others, of diuers other sorts.

For Peculiarities.

For Priuiledges of diuerse kinds.

For Faculties of diuerse natures.

And these, by custome and continu­ance, haue attained to such reputation, that [Page 75] notwithstanding the Records should bee lost, yet the Remembrance or Prescription of them holdeth his wonted force and va­liditie.

And (which is most strange to me) that notwithstanding there bee many times, in many cases, Records to cleare the Prescrip­tion in question: yet, in pleading, they doe often vse no other argument, but the memorie of Man, which may erre. And therefore I could wish, that the seuerall Registers of all Diocesse, would collect all such Records; that thereof there might bee a perfect Volume digested, for Suc­cession.

But alas, if most of these Immunities, Priuiledges, and Rights, were graunted at the first, and generally afterwards con­firmed by the Popes Visitant in England: (as I partly know, and am otherwise induced to beleeue the same.) Where may I then say, these Records are to be found, so perfect as at Rome? Where (I haue heard credibly) that they bee very care­fully preserued at this houre; and would [Page 76] (if they might be had) cleare many tedious and expensiue Suits for matter of Prescription. And if they whom it chiefely concernes, would be at the charge thereof; I durst vndertake (with Gods assistance) to bring them all exemplified faithfully into England within three yeares.

Thus omitting to speake of any Record concerning Matters of Matrimonie, which is Twynne with matter of Contract (hauing no other naturall Mother then Court Chri­stian) because it is euery mans Learning, I passe it ouer, with all other their Records, which tend not to the enucleating of Ti­tle, and Estate. And if any one answer, that the Confirmation, or Nullitie of Marriage, toucheth many an ones Free-hold and per­sonall Estate very neerely, and therefore would not bee so slightly pretermitted: I reply, touching Marriages questionable vp­on Propinquitie of Blood, Pre-contract, want of Age in eyther partie, indirect ac­complishment, Disparitie, want of Con­summation, or Disabilitie of the Minister marrying the parties, with the like procee­dings, [Page 77] tending to Separation, or Nullitie; you shall search in the Proper Diocesse ge­nerally; and sometimes, with the Register of the High Commission. But the Misde­meanors themselues in surreptitious Mar­riages, are (of later times) for the most part, to be found in the Star-chamber. And for the Solemnization of the Marriage it selfe, search the Parochiall Register: Which, be­cause it is sometimes vncertaine, in regard that the Marriage performed by Facultie of Licence, may alter the place; it were not amisse, that all Church-Wardens might be enioyned to present (quarterly) euery parti­cular Marriage, celebrated in their Parishes respectiuely.

THus hauing brought the execution and intention of these Labours into a Circle; presuming, that you will not, in Title of Coppy-hold, require mee to open that, of which (for the most part) your Steward of the Mannor, and certaine of the Coppy-holders keepe the Keyes: Neyther to informe you in the Customes, [Page 78] Liberties, or Priuiledges of Cities, and Townes Corporate; which your Librarie-Keeper, or other Officer, who keepes the Treasurie of all the same Records in their common Guild-Hall, can onely shew you, (especially for the Customes of the Citie of London; whereupon old Dunthorne and their Liber Albus doe most excel­lently treat) I rest

Sub rostro Cyconi [...].

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