' 95. said bill of complaint exhibited against these defendants into this most honorable Court is very certaine true and sufficient in the law to be answered vnto and not deuised and exhibited into his most honorable Court of malice and euill will without cause conceiued against the said C. C. one of the said defendants to thintent thereby to vexe and molest him his said wife and daughter with vniust trauell and expences as in the said answeres is vntruly alleaged Nor chiefly to thintent and purpose so to wearie and impouerish and terrifie the saide C. C. with such suites that he should neither be able nor willing to prosecute the law against the said complainant for diâers great summes of money which he doth owe vnto him the said C. C. and vniustly detained from him but is exhibited vpon iust cause of suit as the said complainant doubteth not to make manifest and proue vnto this honorable court with that that the said def or some one of them by sinister practise instigation and perswasion did allure prouoke intice the said complainants wife to grow to some discord with the said complainant to essoine and conuey into their or some or one of their keepings the said money goods in the said bill of complaint mentioned promising that the same should be readie vsed for her vse and behoofe to the end that they might the better bring to passe indirectly to gaine or get into their or some or one of their custody possession the said money goods by that means to defeat defraud the said complainants thereof as in the said bill of coÌplaint is very truly alleaged And also with that that the said complainaÌts wife did with violeÌce break open some part of the said coÌplainants house at S. in the said bill mentioned his said chist there being locked did essoine steale imbeasil conuey away from the said coÌplainant seuerall sums of money diuers parcels of his goods houshold stuffe in the night season in the day time by the practise of the said def or some or one of them or of some other person or persons by their or some or one of their means as in the said bil of complaint is likewise very truly declared And with that that the said complainants wife did deliuer or cause to be deliuered the said money goods in the said bill of coÌplaint mentioned vnto the custody and possession of the said def or of some or one of them or of some other person or persons by their or some or one of their meanes or consent as likewise in the said bil of complaint is most truly alleaged And without that that there was cause why the said coÌplainant should vse speech communication with the said defendants or some or one of them touching the premisses require to haue the said mony goods essoined imbeasiled to be to him restored or to haue some recompence for the same And that the said defendants or some or one of them do conuert and dispose the said money and goods to their or some or one of their vses whereby the said complainant shall be vtterly defeated thereof to his great hinderance as in the saide Bill of complaint is likewise most truly alleaged without that that any other matter cause or thing materiall or effectuall in the said answeres contained to be by the said complainant replied vnto and herein not sufficiently replied vnto confessed and auoided c. A Bill far that the Defendant hath got the Plaintifes bill for payment of money by them into their hands and thereby meane to defraude him of the same HVmbly complaining sheweth vnto your good Lordship your daily Sect ' 96. Orator N. T. of T. in the Countie of D. yeoman That whereas about two yeares now last past your said Orator did sell vnto one I. M. G. W. P. T. alias S. and R. H. foure oxen and three kine for 14. pound of lawfull English money And at the same time made vnto your said Orator a Bill of their hands for the payment thereof at the feast of S. Michaell tharchangell last past But now so it is if it may please your L. that the said bill of 14. pound is by casuall meanes come vnto the hands and possession of the said I. M. G. W. P. T. alias S. and R. H. or of some of them who haue cancelled and defaced the same bill And therefore albeit they haue beene diuers times gently required by your said Orator to pay vnto him the said 14. pound so to him due yet that to doe they and euery of them haue hitherto denied and refused and yet doe denie and refuse to doe the same against all right equitie and good conscience In due consideration whereof and for that your said Orator hath no remedie to recouer the said 14. pound without the said bill by the common lawes of this Realme May it therefore please your good Lordship c. A Bill for wrongfull entering into Copyhold lands intailed detayning of them and of the writings of the same for wasting the same and concontriuing secret estates thereof IN most humble wise sheweth vnto your good L. your daily Orator Sect. 97. A. G. of D. in the Countie of D. That whereas one T. G. father vnto your said Orator was in his life time lawfully seised in his demesne as of fee taile to him and to his heires males of his body lawfully begotten of and in one mesuage or tenement with thappurtenances scituate lying and being in W. in the said Countie of D. And was likewise seised to him and the heires males of his body lawfully begotten of and in foure cottages three closes or pastures and eight acres of arrable land with their appurtenacces lying and being in W. aforesaid being customarie lands and holden of the Q. Matestie as of her highnesse manor of W. aforesaid at the will of the Lord according to the custome of the said manor And the said T. G. being of all and singuler the premisses with their and euery of their appurtenances so seised as aforesaid of such estate died thereof seised By and after whose death all and singuler the premisses with their appurtenances did discend vnto H. G. as sonne and next heire male of the bodie of the saide T. by force and vertue whereof the said H. entred into all and singuler the said premisses with their appurtenances and was thereof lawfully seised to him the heires males of his body lawfully begotten And he so being therof seised of such an estate died seised By after whose death all and singuler the said premisses with their appurtenances did discend and come to T. G. as sonne next heire male of the bodie of the said H. by force wherof he the said T. entred into al singuler the said premisses was thereof lawfully seised in his demesne as of fee taile to him and the heires males of
being thereof so seised and the said Earle being also seised in fee of the said manor as these defendants thinke died thereof so seised by and after whose death the said tenements and premisses in the said bill mentioned descended and came to the said I. S. the sonne as sonne and heire of the said I. S. deceased who is yet within the age of one and twentie yeares by meanes wherof the said Earle after the death of the said I. S. the father as garden of the said I. S. infant during his minority by reason of the tenute aforesaid seised the bodie of the said I. S. the infant without that that to the said defendants knowledge the said I. S. the father being of the premisses seised in fee did in his life time conuey and assure the same premisses vnto certaine persons and their heires to the vse of the said I. S. of the said I. then his wife of the longer liuer of either of them without impeachment of wast and after their decease to the vse of the heires of their two bodies lawfully begotten with diuers remainders ouer as in the said bill of complaint is vntruely alleaged or that to these defendants knowledge by force thereof the said I. S. and the said I. S. then his wife being thereof so seised died thereof so seised or that to these defendants knowledge after his death the said I. held her selfe in the said messuages landes and premisses and was thereof so seised accordingly by force of any such conueiance or that she being thereof so seised tooke to husband the said I. W. or that by force of the saide entermariage the saide I. W. and the saide I. to the knowledge of these defendants were so lawfully seised of the said premisses in the right of the said I. as in the said bill is alleaged And without that that to these defendants knowledge the said I. W. and I. haue the custodie of the said I. S. the infant rightfully belonging to the said I. as Gardein in Socage as in the said bill is likewise alleaged And without that that any deeds euidences and writings touching and concerning the premisses and of right belonging to the said infant or to one of them are casually come to the hands custody and possession of the said defendants other then such deedes euidences and writings as the said I. did deliuer vnto the said T. S. the one of these defendants which he the said T. about one yeare now last past or more vpon the receipt of the Queenes Maiesties writ of Subpena deliuered to I. L. late of H. Haull in the County of D. Gentleman to the vse of the said infant which as he remembreth was done by appointment or agreement of the said I. And then an other old deede or writing without date conteyning these words following or the very like in effect and meaning viz. Sciant praesentes futurÌ quod ego Io. filius Tho. de B. dedi concess hac praesenti charta mea confirmaui Duranto de Toxdwood pro homag ' seruitio suo pro quadam pecuniae summa mihi prae manibus soluta totam terram meam quae vocatur le Haule cliffe in territorijs de B. cum boscis pratis pascuis pasturis omnibus suis pertinÌ sine aliquo retento quae iacet integre in latitud ' intÌ viam quae ducit versus B. terram quam L. de L. quondam tenuit extendit se in longitudinÌ de meta de B. vsque ad terram AbbatÌ de R. terram quae fuit A. F. terram R. de le Scagh vna cum tota illa terra cum domibus edificijs in ea sitis cum omnibus suis pertinÌ quam R. de T. quondam tenuit quae iacet integre inter terra c. And without that any other matters c. A Bill to be discharged of a Recognisance for the sauing of landes solde harmelesse for that a lease made thereof by which he seemeth to be dampnified was either made in trust or by surrender before the said bargaine with an answere replication and reioinder to the same bill COmplaining sheweth vnto your honorable Lordship Geor. Earle Sect. 120. of Shrowsbury that whereas Sir W. S. knight Lord M. deceaced in his life time about nine yeares now past was lawfully seised of an estate of inheritance amongst other lands and tenements of the third part of the scite mansion house of the late dissolued Abbey Monastery or Priory of B. in the county of L. and of all and singuler messuages houses edifices buildings orchards gardens fishings ponds lands tenements meadowes pastures commons hereditaments with the appurtenances to the said scite belonging then late in the occupation of F. S. afterwards in thoccupation of one M. and the said Lord M. being thereof so seised about the xvi day of December in the vii yeare of the Raigne of our Soueraigne Lady the Queenes Maiesty that now is of speciall and secret trust confidence by him the said Lord M. reposed in one W. S. of M. in the county of S. gentleman M. his wife or of one of them did make an Indenture bearing date the xvi day of September in the said vii yeare of a demise of the said third part of the said scite lands tenements and hereditaments with the appurtenances to the said W. S. and M. his wife to haue to hold the same vnto the said W. S. and M. from the decease of K. T. of S. for and during the terme of xxi yeares then next ensuing as by the said Indenture appeareth And deliuered the said Indenture to be deliuered as his deed when the said W. S. had performed certaine conditions agreements betweene them made vpon which Indentures made by them it was neuer intended nor agreed that the said W. S. and M. his wife or their executors or assignes or any of them should take any benefit to them but that the same lease should be surrendred and at all times disposed at the pleasure of the said Lord M. by force whereof the said W. S. and M. were possessed of the interest of the said terme accordingly and being thereof so possessed And the said L. M. being seised of the said R. of the third part of these tenements premisses of an estate of inheritance afterwards that is to say the xviii day of May in the xii yeare of the Raigne of our said Soueraigne Lady the said Lord. M. by Indenture bearing date the said day and yeare did bargaine and sell the said third part of the said premisses among other things to one I. C. of C. in the county of S. Esquire and F. S. of S. in the said County Gentleman and their heires for euer by which last recited Indenture the said Lord M. for him and his heires did couenant and grant to and with the said I. C. and F. S. and either of them that aswell the said I. C. and
occupieth by the lease for yeres yet continuing of the said defendant And the said defendant also saieth that he is sued for the rent reserued vpon his lease by the said G. H. named in the said bill of coÌplaint in the kings Bench in an action of debt brought by him against the saide defendant And therefore the said defendant much marueileth of this suit of the saide complaynant brought in this honorable court against the said defendant touching the said premisses By which suit of the said complaynant the said defendant is wrongfully sued and vexed without any iust cause of suit without that that there is any such extent made of the said three parcels of land called c. or that after the same extent there was any such bargaine sale made by the said Shirife named in yâ said bill of complaint of the said terme lease of yeres of the said premisses vnto the said G. H. Or that the said G. H. bargained or sold the said premisses vnto the said complaynant or that the said complaynant ought to haue and inioy the said premisses to the knowledge of this defendant And without that there is any other matter or thing c. All which matters c. âill for a title of land intailed IN most humble ãâã sheweth and complayneth vnto your good Sect ' 135. Lordship your daily Orator R. R. husbandman That where one W. late of S. in the county of W. husbandman grandfather of your said Orator was lawfully seised in his demesne as of fee by due course of inheritance vnto him lawfully discended from his auncestors and other lawfull conueyances in the law of and in one messuage c. CC. acres of land meadow wood and pasture with their appurtenances in S. aforesaid And the said W. R. so being of the premisses seised about ten yeres now past It was condiscended granted agreed betweene the said W. R. and one I. E. late of H. in the said countie deceased that A. B. then sonne and heire apparant of the said W. R. before a certaine day should marry and take to his wife one A. E. daughter of the said I. E. and that the said W. R. in consideration thereof and for that the said A. should be greatly aduanced and preferred in goods and substance by the mariage of the said A. would immediatly after the said mariage had and solemnized conuey and make vnto the said A. and A. a good sufficient and lawfull estate in the Law of and in the said mesuage lands tenements and other the premisses To haue and to hold vnto the said A. and A. and to their heires males of their bodies lawfully begotten And afterward the said A. according to the said agreement did marrie and take to his wife the said A. E. immediatly after which mariage had and solempnized the said W. K. according to his said promise and agreement did lawfully enfeoffe of and in the said mesuage lands tenements and other the premisses the said A. R. and A. then his wife To haue and to hold vnto the same A. and A. and to their heires males of their bodies lawfully begotten by force whereof the said A. and A. were seised of and in the premisses in their demeanes as of fee taile speciall and they so being thereof seised the said A. and A. had issue male betweene them lawfully begotten one I. R. and your said Orator and one W. R. and the said W. R. the elder died by and after whose death the reuersion in fee simple of the premisses discended vnto the said A. as sonne and heire vnto him And afterward the said A. and Agnes dyed after whose death the said messuage lands tenements and other the premisses discended and came and of right ought to discend and come vnto the said I. R. as sonne and heire male of the bodie of the said A. and A. lawfully begotten by force whereof the said I. R. entred into the said messuage lands tenements and other the premisses and was thereof seised in his demesne as of fee taile And he so being thereof seised the said I. R. about foure yeres now past of the said messuage and other the premisses dyed seised without issue male of his bodie lawfully begotten by force whereof the said messuage and other the premisses discended and came and of right ought to discend and come vnto your said poore Orator as brother and heire male to the said I. R. by the vertue of the gift aforesaid So it is my singuler good Lord that aswell the deede of intaile made of and for the premisses by the said W. R. the grandfather vnto the said A. R. and A. and to the heires males of their bodies lawfully begotten as is aforesaid as diuers other charters euidences and deedes writings and muniments concerning the premisses prouing the said interest and title of your said Orator in and to the premisses been disceiptfully comen to the hands and possession of I. W. and C. his wife late wife of the said I. R. G. W. gentleman and T. S. the elder and remaine there as they haue conueyed and put them and by colour of hauing the said euidences deedes writings and mumments in their hands and possession the same I. W. and E. haue now of late wrongfully entred into the said messuage and other the premisses And the possession thereof do so yet wrongfully deteine keepe from your said Orator and also the rents issues and profites thereof haue wrongfully receiued perceiueâ and taken to their owne vse by the space of fower yeres past and so yet do contrary to all right and good conscience And albeit that your sayd Orator hath often and sundry times required and instantly desired the said I. W. and E. G. W. and T. S. aswell to deliuer vnto your said Orator the said euidences deedes writings and muniments concerning the premisses as also to auoid the possession of the premisses and peaceably and quietly to permit and suffer your said Orator and his assignes to haue and inioy the same and to receiue and take the rents and profits thereof to his owne vse according to his said interest and title therein which to do they at all times haue refused and denied and yet do contrarie to all right and good conscience And for asmuch as your said Orator knoweth not the certaine number contents ne other certainties of the said euidences deedes writings and muniments nor wherein they be conteined And also for that the said I. W. E. G. W. and T. S. be of so great substance riches and also greatly frinded and borne in the said Countie of W. And your said Orator being but a poore man and hauing but few friends in the said Countie the same your said Orator is and shall be therefore without remedy concerning the premisses by due course and order of the common Law and otherwise vnlesse your good Lordships ayde and fauour be vnto him shewed in this behalfe In consideration whereof
messuag ' c. cum pertinentijs in T. et B. parcell ' tenementorum pÌdictorÌ de dono praedictorÌ I. A. Et ill ' remiserÌ quietÌ clamauerÌ de ipsis I. A. haeredibus suis praeâatÌ I. E. E. â heredibus ipsius I. imperpetuum Et concesserÌ pro se hered ' ipsius A. quod viginti acrÌ terrÌ sex acrÌ prati c. cum pertinÌ in praedict ' villa de B. parcell ' tenementorÌ tertia pars praed ' que I. A. F. vxor eius tenent ad terminum vite ipsius E. de hereditate pred' A. die quo hec concordia facta fuit Et que post decessum ipsius E. ad praedict ' I. A. heredes suos debuerÌ reuertere post decessuÌ ipsius A. integre remaneant pÌd ' I. E. E. E. hered ' ipsius I. imperpetuum â¿ ConcesserÌ etiam pÌdicti I. W. A. pro se hered ' ipsius A. quod vnum mesuag ' cum pertinenÌ in praedict ' vill ' de B. residuum tenementorum praedict ' que I. A. tenet ad terminum vitae suae de hereditate praedict ' A. die quo hec concordia facta fuit post decessum ipsius A. integere remaneat praedictis I. E. E. hered ' ipsius E. imperpetuum A Fine with graunt and render of the moity of a manor reciting that a widow hath the same for her life without impeachment of wast and after her death to her executors for 16. yeres without impeachment of wast and after her death and the end of 16 yeres to two and to their wiues and to the heires of the wiues and after the husbands and their wiues grannt the same to the tenant for life in fee who graunteth the same after the end of the said 16 yeres vnto the conusors for terme of 21. yeres without impeachment of wast EborÌ ss PRaecipe N. G. E. vxori eius W. G. B. vxori eius qd ' teneant F. A. conuenc ' de medietate manerij de H. cum pertinenÌ c. ¶ Et est concordia talis scilicet quod cum E. A. vidua nuper vxor W. Sect. 76. A. defuncti habet tenet praedictam medietatem manerij de H. cum pertinÌ Ac praedictam medietatem tenementorum piscarie praedict ' cum pertinenÌ ad terminum vitae suae absque impetitione alicuius vasti â¿ Et quod post mortem eiusdem E. praedicta medietas manerij tenementorum piscarie praedictorum remaneant executorÌ testamenti eiusdem E. ad terminum sexdecem annoruÌ tuÌc prox ' sequenÌ post mortem ipsius E. absque impetitione vasti Et que post mortem praedictae E. A. ad terminum praedictorum sex decem annorum ad N. G. E. vxorÌ eius W. G. B. vxorÌ eius hered ' dictorum E. B. reuertere deberent Praedict ' W. G. B. vxor eius N. G. E. vxor eius concedunt quod dicte medietates dictorum maneriorum tenÌtorum piscarie cuÌ pertinÌ post mortem praedictae E. A. post praedict ' terminum xvj annorum finitum determinatÌ integre remaneaÌt pref F. A. here dibus suis â¿ Tenend ' de capital ' dnÌis feod ' ill ' per seruitia quae ad praedict ' medietatÌ dictorâ manerij tenementÌ piscarÌ cum pertinenÌ êtinent Et ill ' remis quietÌ clamÌ de ipsis W. G. B. vxorÌ eius N. G. E. vxori eius hered ' suis prefatÌ F. A. hered ' suis imperpetuum â¿ Et preterea ijdem W. G. B. N. G. E. concesserÌ prose hered ' ipsius N. quod ipisi warrantÌ praedict ' reuersionem medietatis dictoruÌ manerij tenÌtorum piscarie cum pertinentijs prefatÌ F. A. hered ' suis contra ipsos W. G. et B. N. G. et E. et heredes suos imperpetuum Et pro hac c. idem F. concessit prefatÌ W. G. B. N. G. E. praedict ' reuersionem medietatis manerij tenÌtoruÌ piscarÌ praedict ' cum pertinenÌ Et ill ' eis reddiderÌ in eadem curÌ â¿ Habend ' tenend ' eandem reuersionem medietatis manerij tenÌtorum piscarie praedict ' cum pertinÌ dictis W. G. B. N. G. E. a festo Apost ' Phil Iacobi quod tunc proxcrit post fineÌ dictorum sexdecem annorum vsque ad finem terminum xxj annorum extunc proximÌ sequenÌ et plenarie complend ' absque impetitione alicuius vasti A Render of messuages c. to the cognisor for one weeke after to a straunger for life and to his wife for life if she keepe her vnmaried the reuersion to an other straunger and his heires of his body vpon M. his wife begotten the Remainder to an other and his heires EborÌ ss PRaecipe I. W. et E. vxori cius quod tenÌ W. M. O. S. conuenc ' Sect 77. de duobus messuag ' c. in S. Et nisi c. ¶ Et pro hac c. ijdem W. et O. concesserunt prefatÌ I. tenementÌ praedict ' cum pertinenÌ Et ill ' ei reddiderÌ in eadem curia Habend ' et tenend ' eidem I. pro termino vnius septimanae Et post terminum illum finitum predict ' tenementÌ cum pertinÌ integre remanebuÌt B. Habend ' et tenend ' eidem B. de capitalibus dominis feodi illius perseruitia quae ad praedict ' tenÌtÌ pertineant tota vita ipsius B. Et post decessum ipsius B. praed ' tenÌta cum pertinÌ integre remanÌ I. vxori predicti B. â¿ Tenend ' c. tota vita ipsius I. si eadem I. tam diu sola et innupta vixerit Et post decessum siue sponsalia ipsius I. si quefuerint praedict ' tenÌta cum pertinÌ integre remanÌ E. W. filio et heredi apparenti praedictÌ I. et hered ' de corpore ipsius E. de corpore M. vxori eius inter eos legitime procreatÌ Tenend ' c. Et si contingat quod idem E. obierit sine herede de corpore suo de corpore praed ' M. inter eos legitimÌ procreatÌ tunc post decessum ipsorÌ E. et M. tenementa predict ' cum pertinenÌ integre remanÌ predict ' I. et hered ' suis Tenend ' c. imperpetuum A Fine of two reuersions of â messuages one cottage c after the deathes of the two tenants for life EborÌ ss PRaecipe R. N. A. vxori eius quod tenÌ G. E. conuenc ' c. Sect 78. de duobus mesuag ' vno cotag ' c in N. ¶ Et est concordia talis scilicet quod praedict ' R. et A. recognÌ tenementa praedict ' cum pertinenÌ esse ius ipsius G. et concessiâ prose et heredibus ipsius R. quod praedictÌ cotagium viginti acrÌ terrÌ decem acrÌ prati c. êcell ' tenÌtorum praedictorum cum pertinentijs in N praedictÌ que W. B. et
his body lawfully begotten And he the said C. so being therof seised of such an estate died seised without any issue male of his bodie By after whose death all and singuler the said premisses with their appurtenances did discend and come vnto your said Orator as brother next heire male of the said T. G. But now so it is if it may please your good L. that aswel the said deed of intail al other the deeds euidences escripts writings muniments manifesting for feiting defending prouing the estate right interest title of your said orator of in to the said premisses are by some casuall or sinister meanes comen into the hands custody or possession of one R. W. E. his wife T. C. A. his wife I. D. I. W. or some of them who by colour thereof haue entred into the said premisses receiued perceiued taken the issues profits commodities thereof conuerted the same to their owne proper vses behoofes without yeelding any consideration or recompence to your said orator for the same And yet not so coÌtented but they the said R. E. T. A. I. I. by colour of hauing the said deeds euideÌces escripts writings myniments haue not only made great streppe wast of the premisses but also contriued made to themselues to other persons vnknowen to your said orator diuers sundry secret estates conueiances of the premisses to the plaine disinherison of your said orator contrary to all right equity good conscience And although your said Orator hath diuers sundry times by himselfe his friends requested the said R. W. E. his wife T. C. A. his wife I. D. I. W. and euery of them to yeeld vp the quiet possession of the premisses to deliuer vnto your said Orator the said deeds euidences escripts writings muniments yet they euery of them so to do haue vtterly refused denied and still do denie and refuse contrary to all right equity good conscience In tender consideration whereof and for asmuch as your said Oratr knoweth not the contents nor certaine dates of the said deeds euidences escripts writings and myniments nor weather they be contained in bagge or boxe sealed in chest or cubbord locked And therefore is at and by the strict course of the common law of this Realme remedilesse for the recouery of the same May it therefore c. A Bill for deteining of an Indenture of lease for yeares HVmbly complaining sheweth vnto your honorable L. your daily Sect. 98. Orator I. B. of N. in the parish of A. in the Countie of Y. Esquier And T. B. sonne and heire apparant of the said I. That whereas your said Orator the second day of Iuly in the eight yeare of the raigne of our soueraigne Ladie the Queenes Maiestie that now is did demise and to ferme let vnto one R. M. of B. in the said Countie yeâman all his moitie or one halfe of his messuage or tenement called D. with all the lands meadows closes pastures commons vnto the same belonging or in any wise appertayning from the feast of Saint M. the Bishop last past before the date abouesaid vnto the full end and terme of 18. yeares then next ensuing fully to be complete ended By vertue of which demise aforesaid R. M. into the mesuage or tenemeÌt aforesaid did enter as was lawful for him to do And now sitheÌce the making of the lease aforesaid the said R. M. did often repaire come to the house of the said I. B. by that meanes in short time became very familiar with the said I. insomuch that he the said I. being aged by reason therof also lieth bedriden hath done for the space of many yeares And finding the said M. to be very diligent and carefull about him the said I. for the recouery of his health did so affect the said M. as yâ he did wholly commit the custody keeping of all his euidences leases bonds bils amongst which the counterpaine of the said M. his lease was And vnlesse the said M. together with some of your said Orators seruants haue secretly conuaied taken it away as your said Orator doth vehemently suspect in that he wanteth the same lease by reason whereof he neither knoweth what conditions are contained in the same neither what penaltie if the rent be behind or whether there be any distresse for not paiment of the rent or else whether the lease be vtterly void if the rent be not paid at a day certaine what other couenants it containeth for prohibiting of wast to be done as also for the repairing of the messuage or tenement aforesaid with needfull reparations with diuers other couenaÌts to many good purposes specified in the same lease Add for that also yâ the said couÌterpain is by some such indirect means as before is aleaged come vnto the hands of the said M. as also for that your orator through want thereof by the strict course of the common lawes of this land cannot duely punish the breach of all or any the couenants therein expressed which on the said M. his part ought to haue beene performed and kept for want of the said counterpaine May it therefore please your good Lordship c. A Bill for money for bording with one whose Executor the Plaintife is HVmbly complaining sheweth vnto your honorable Lordship your Sect ' 99. daily Orator D. C. of B. in the Countie of D. yeoman executor of the last Will and Testament of D. C. his father That whereas about the first day of Iune which was in the 18. yeare of the raigne of our most gratious soueraigne Lady the Queenes most excellent Maiestie that now is one W. S. of M. in the said Countie yeoman at B. aforesaid did put himselfe and A. then his wife to borde with the saide D. C. the Testator and there to remaine so long with the said Tesator as it should please both the said parties and the said W. S. in consideration there of there faithfully agreed to pay and satisfie for the same vnto the said D. C. the Testator or his executors during such time as he and his said wife should remaine at borde with the said Testator so much lawfull English money as the said bording should be reasonably worth and at such time as he should be thereunto required By vertue of which putting to borde agreement and faithfull promise the saide W. and A. his wife were at borde with the said Testator by the space of three whole yeares or thereabouts during all which time the said Testator at his owne costes and charges did finde vnto the said W. and A. conuenient and necessacie meate drinke and lodging and at sundrie times Hay and Grasse for the Horses of the said W. which bording Hay and Grasse by the said space of three yeares aforesaid was reasonably worth fortie pounds at least Yet the said W.
of and in the Mannors of M. W. with diuers messuages lands tenements hereditaments to the said Mannors belonging in the County of C. to the yearely value of 50. l and aboue and he being of the said Mannors and other the premisses seised died of such an estate thereof seised without issue of his body lawfully begotten After whose decease the premisses descended and of right ought to discend vnto your saide Orator as brother and next heire of the saide Peter your saide Orator then being but of tender age that is to say of the age of twelue yeares or there abouts But so it is right honorable Lord that all the Euidences Deedes Charters writings and miniments concerning the said mannors and premisses during the minoritie of your said Orator came casually to the hands possession of R. D. Esquier who by cullor of hauing of the said Euidences Deedes Charters writings and miniments hath wrongfully entred into the saide manors lands tenements and other the premisses and of the same hath made and contriued diuers and sundrie secret and false estates and conueyances to diuers persons to your saide Orator vnknowne to his owne vse to the vtter disherison of your saide Orator And albeit your saide Orator hath diuers and sundrie times required the saide R. D. as well to deliuer vnto him the said Euidences Deedes Charters writings and miniments as also peaceablie and quietly to suffer and permit him to enioy the said manors lands tenements with their appurtenances yet yâ said R. D. hath alwaies hitherto denied refused yet denieth refuseth so to do coÌtrary to all right equitie good conscience And forasmuch as your Orator knoweth not the certaintie of the said euidences deeds charters writings miniments nor whether they be contained in bag or box ensealed or chest locked yea or no he is like to be without all remedy for yâ recouery of yâ same by the order due course of yâ coÌmon lawe except your Lo. goodnes be vnto him shewed in this behalf In coÌsideration wherof it may please your good L. to grant vnto your Orator the King and Queenes Maiesties writ of Subpena to be directed to the saide R. D. Commaunding him by the same at a certaine day and vnder a certaine paine by your Lordship to be limited personally to appeare before your good Lordship in the King and Qu. high Court of Chauncery at Westminster then and there to make aunswere to the premisses c. R. Cat. The Aunswere of the defendant to the said Bill wherein is confessed the hauing of diuers euidences concerning the lands mentioned in the said Bill and that he is readie to deliuer them to whom the Court shall order them to belong And for that the plaintifes father is yet liuing the defendant prayeth that he may be called into the Court to shew what title he hath to the said euidences and disclaymeth to haue any interest in any of the mannors c. mentioned in the Bill but an Interest he may be entituled to haue by reason of a Statute merchant he hath which was acknowledged by the complaynants father The Aunswere of R. D. Esquier to the Bill of complaynt of T. M. Gentleman THe said defendant by protestation not confessing or acknowledging Sect ' 171. any such seisin dying seised or discent as in the said Bill is alleaged for aunswere sayth that he is not nor at the time of the exhibiting of the said Bill was not Tenant of the said mannors and other the premisses sauing only such benefit interest and title as the said R. is or may be entituled to haue in or to the premisses by reason of a certaine Statute merchant or Recognizance knowledged by W. M. Esquier father of the said complaynant to Sir P. D. Knight deceased Thaduantage of exception thereof and all other benefits and interests that the said defendant hath or may haue by reason of the said Statute merchant or Recognizance knowledged by the saide W. M. Esquier father of the said complaynant as aforesaid and the execution to be sued of the same to the said defendant alwayes saued and reserued the saide defendant for all other Interests or Titles disclaimeth in the said manors lands or tenements And as to any euidences concerning the said manors lands and tenements mentioned in the said Bill except one Indenture and one other writing made by the saide W. M. and one writing made by the said complaynant The said defendant by protestation not knowing the certaintie what euidences he hath in his custodie concerning the said mannors and other the premisses for that they be in the County of Chester now farre from the said defendant for aunswere saith that the saide W. M. father to the said complaynant long time past was seised of the said Mannors lands and Tenements of an estate of inheritance in possession or in vse by discent from his Auncestors and the said Euidences came to the hands of the said Sir P. D. Knight long time past and by and after the death of the said Sir P. D. the same euidences came to the possession of the said defendant which said defendant desireth that the saide W. M. which is yet in full life may be called into this honorable Court to shewe what title he hath or claymeth to the saide euidences and the saide defendant is and shall be readie to deliuer such euidences as he hath concerning the premisses except the said Statute merchant and other writings and defeasances of the said Statute as appertaineth to the said defendant to such person or persons to whome this honorable Court shall award the same to appertayne And as to three writings before excepted the said defendant hath them here readie in this honorable Court to be deliuered to whome this honorable Court shall adiudge the same to appertayne Without that that the saide defendant hath wrongfully entered into the said Mannors lands and Tenements and of the same hath made or contriued any estates and conueyances to diuers persons in such sort as in the said Bill is vntruly alleaged And without that that any other thing materiall to be aunswered vnto other then that in this present Aunswere is confessed and auoyded is true All which matters the said defendant is ready to auerre and prooue as this honorable Court shall award and prayeth as before he hath desired And also that he may be dismissed out of this honorable Court with his reasonable costs and charges for his wrongfull vexations sustained in this behalfe Am. Gilbert A bill of complaint by I. W. and the Lady lane his Wife daughter and heire of the Lady Iane deceased against the husband and his wife for entring into a house and lands and keeping of the possession thereof for detayning of Euidences and contriuing of secret estates in the premisses To the right reuerend Father in God Stephen Bishop of Winchester Lo. Chauncellor of England IN right humble wise complayning sheweth vnto your good
A. vxor eius tenent ad terminum vite ipsius A. de hereditate predictÌ R. die quo hec concordia facta fuit et que post decessum ipsius A. ad praedict ' R. et heredes suos debuerunt reuertÌ integre post decessum ipsius A. ad pÌdictum G. et heredes suos remaneant Tenend ' c. â¿ Concesserunt etiam praedicti R. et A. quod praedictÌ ij messuag ' c. residua tenementorum praedictorum cum pertinentijs in N. praedict ' quae W. P. et D. vxor eius tenent ad terminum vitae ipsius D. de hereditate c. vt antea Et praeterea praedictÌ R. et A. et heredibus ipsius R. warrantÌ tenementa praedicta cum pertinentijs prefato G. et heredibus suis sicut dictum est contra praedictos R. et A. et heredes ipsius R. imperpetuum Et pro hac c. A Graunt to the cognisee and his wife and the heires of their two bodies with warranty in taile Ebor. ss PRaecipe H. F. genÌ quod iuste c. tenÌ H. W. et I. vxori eius Sect 79. conuenc ' c. de tenÌtis in S. Et nisi c. ¶ Et est concordia talis scilicet quod praedictÌ H. F. concessit tenementÌ et redditÌ praedictÌ cum pertinentijs prefatÌ H. W. et I. Et ill ' eis reddidit in eadem curia Habend ' et tenend ' eisdem H. W. et I. et heredibus de corporÌ ipsorum H. W. et I. inter eos legitime procreatÌ Tenend ' c. Et praedictus H. F. et heredes sui warrantÌ praesatis H. W. et I. et heredibus de corpore ipsorum H. W. et I. inter eos legitime procreatÌ tenementÌ praedictÌ sicut dictum est contra omnes homines imperpetuum Et pro hac c. A graunt with a render backe againe for life without impeachment of wast diuers remainders in taile diuiding the lands Heref. ss PRaecipe N. B. et A. vxori eius quod tenÌ T. R. et R. G. Sect 80. conuenc ' c. de vno mesuag ' cum pertinÌ in E. c. ¶ Et est concordia talis scilicet quod praedictÌ c. relaxac ' et warrantÌ c. Et pro hac c. ijdem T. R. concesserÌ prefato N. et A. tenementÌ praedictÌ cum pertinentijs Et ill ' eis reddiderunt in eadem curia HabenÄ eisdem N. et A. tota vita ipsorum N. et A. et alterius eorum diutius viventÌ absque impetitione vasti tota vita ipsius A. TenenÄ c. Et post decessum ipsorum N. et A. vnum messuagium c. cum pertinentijs in F. praedictÌ de tenementis praedictÌ parcell ' remanÌ T. B. vni filiorum praedictorum N. et A. et heredibus masculis de corpore praedictÌ T. legitime procreatÌ et tunc post decessum ipsius T. praedictÌ tenementtÌ de praedictÌ tenementis parcell ' integre remanÌ I. B. alteri filiorum praedictÌ N. et A. et hered ' mascul ' de corporÌ ipsius I. legitime procreatÌ TenenÄ c. Et si contingat c. post decessum ipsius I. praedictÌ tenementÌ de praedict ' tenementis parcel ' integre remanÌ B. F. alteri filio praedict ' A. hered ' mascul ' de corpore praedict ' B. licite procreatÌ Tenend ' c. Et si contingat c. quod tunc tenementa praedict ' remanÌ to diuers others rectis heredibus praedict ' A. imperpetuum Tenend ' c. Et pÌterea pref T. R. concesserÌ quod post decessuÌ praedict ' N. B. A. vxoâ eius 44. acrÌ terre duae acrÌ prati c. cum pertinenÌ in B. praed ' de pÌdictis tenement ' residua integre remanebunt praed ' B. F. haered ' be corpore suo legitime procreatÌ Tenend ' c. Et si conting at quod idem B. obierit sine herede de corpore suo legitime procreatÌ quod tuÌc post decessum ipsius B. praedict ' tenementa residua integre remanebunt praef T. F. heredibus assignatis suis imperpetuum A Fine to intaile lands to the heires of the body of the conusor of the body of I. C. her husband deceased with remainder ouer for default of such issue to the right heires of the said I. C. c. LeicestÌ ss PRaecipe I. C. armig ' quod tenÌ M. C. viduae conuenc ' de Sect ' 81. tribus messuag ' c. ¶ Et est concordia talis scilicet quod praed ' I. concessir praedict ' M. pÌdict ' tenementÌ cum pertinentijs Et ill ' ei reddidit in eadem curia Habend ' tenend ' eidem M. hered ' de corpore ipsius M. de corpore I. C. nuper viri sui defuncti legitime procreatÌ de capital ' c. Et si contingat quod eadem M. obierit sine herede de corpore suo de corpore ipsius I. C legitime procreatÌ tunc post decessum ipsius M. praedicta tenÌta cum pertinÌ integre remaneant rectis heredibus ipsius I. C. defuncti Tenend ' c. Et praed ' I. C. armig ' hered ' sui warrantÌ praed ' M. hered ' de corpore suo de corpore pÌdicti I. C. defuncti ac etiam rectis heredibus ipsius I. C. si eadem M. obierit sine haerede de corpore suo de corpore ipsius I. C. defuncti licite procreatÌ praed ' tenÌta cum pertinÌ sicut dictum est contra praedictum C. armig ' heredes suos imperpetuuÌ Et pro hac c. A graunt by a Duke and his wife as in the right of his wife to the cognisee for life of the tenant for life with warranty a render to the cognisor for his wiues life to conuey her title to her husband Warw. ss PRaecipe T. Duci N. M. vxori eius quod tenÌ T. T. armÌ Sect ' 82. conuenc ' c. detenÌtis in W. Et nisi c. ¶ Et est concordia talis scz quod praed ' Dux M. concess praed ' T. T. tenementa praedict ' cum pertinÌ quicquid idem Dux M. habent in tenementis praedictis cum pertinÌ ad terminum vitae ipsius M. Etill ' ei reddiderÌ in eadem curia Habend ' tenend ' eidem T. T. hered ' suis de capitalibus dnÌis feodi illius per seruitia que ad eadem tenementa cum pertinenÌ pertinent tota vita ipsius M. Et preterea ijdem T. M. concess prose quod ipsi warrantÌ pÌd ' T. T. heredibus suis tenÌta praedict ' cum pertinenÌ contra omnes homines tota vita ipsius M. Et pro hac c. idem T. T. concessit tenementa praedict ' cum pertinentijs praefato Duci Et ill ' ei reddidit in eadem curia Habend ' tenend ' eadem tenÌta cum pertinenÌ eidem Duci hered ' suis tota vita
heredes suos quietÌ de al' hered ' praedictorum W. I. Tenend ' de capital ' c. Et praeterea praedictus S. heredes sui warrantÌ praedictÌ W. et hered ' de corpore suo legitime procreatÌ et praedicto I. hered ' de corpore suo legitime procreatÌ si idem W. obierit sine hereÄ de corpore suo legitime procreatÌ praed ' tenemÌta cum pertinÌ sicut dictum est contra omnes homines imperpetuum Et pro hac c. A graunt of 16 acres of moore in general taile to be holden of the grantor by Knights seruice by suit of court twise a yere and vi s rent Essex ss PRaec ' I. G. genÌ quod tenÌ P. I. conÌ de sexdecim acrÌ more Sect ' 86. cum pertinÌ in K. Et nisi c. ¶ Et est concordia talis scz qd ' pÌd ' l. concessit praef P. tenÌta praed ' cuÌ pertnÌ ill ' ei reddidit in eadem curia Habend ' et tenend ' tenementa praedictÌ cum pertinentijs prefatÌ P. et heredibâs de corpore suo legitime procreatÌ TenenÄ de dicto I. et heredibus suis per seruitium militare sect ' curiae suae apud K. bis per annum ac reddend ' annuatim praefato I. et heredibus suis sex solid ' c. ad festa c. per equales porciones annuatim imperpetuum soluend ' Et praedict ' I. warrantÌ tenementa praedicta cum pertinentijs praefato P. et heredibus de corpore suo legitime procrÌ sicut dictum est contra praedictnm I. et heredes suos imperpetuum Et pro hac c. A Fine sur Releas of Knights seruice Castel gard and murage vpon a writ of Customes and seruices for a summe of money paied sauing all other seruices made by consent of the King HEc est finalis coÌcordia facta in curia domini Regis apud WestmonasterÌ Sect ' 87. a die sancti Michaelis in xv dies Anno regni regis H. filij regis l. quinquagesimo primÌ coram G. de P. et R. de M. Iustic ' et alijs domini âegis fidelibus tunâibi presentibus inter W. de P. querÌ er H. B deforc ' de consuetudinibus et seruitijs que idem W. exigerat de praedicto H. de libero tenÌto suo quod de praeÄ VV. tenet in VV. VV. scz de vnofeodo Militis dimid ' cum pertinenÌ Et vnde idem VV. exigebat de praedicto H. quod faceret ei ad warduÌ Castri de B. quando eueneriâ ad muragium eiusdem castri cum necesse esset quantum ad praedictum tenementum pertinet Que seruitia idem H. ei non cognouit Et vnde placitum inter eos in eadem curia summonitÌ fuit scilicet quod pÌdict ' W. concessit pro se heredibus suis quod praed ' H. hered ' sui eorum tenentÌ de honore de B. sint quietÌ de praedict ' seruitijs inperpetuum Saluis eideÌ W. hered ' suis omnibus alijs seruic ' ad praedict ' tenementÌ pertinÌ Et pro hac concessione fine concordia idem H. dedit praed ' W. decem octo marcas argentÌ Et hec concordia facta fuit ex assensu voluntate eiusdem domini Regis eam concedentis This old fine is in Dyer fol. 179. pla 46. A Fine of a Manor in possession and other lands in reuersion SalopÌ ss PRaec ' W. B. quod tenÌ F. R. conuenc ' de manerio de R. cuÌ Sect ' 88. pertinenÌ c. ¶ Et est concordia talis scilicet quod praedictus W. recognÌ manerium tenementa praedict ' cum pertinentijs esse ius ipsius F. de quibus idem F. habet praedict ' manerium cum pertinÌ duo mess c. cum ptinÌ in R. praedict ' parcell ' tenÌtorÌ praedictorÌ de dono praedicti W. Et ill ' remis c. Et concessit prose hered ' suis quod duo mess cum êtinÌ in R. praed ' residua tenÌtorum praedictorÌ que A. B. vidua tenet ad terminuÌ vite sue de hereditatÌ c. post decessum ipsius A. integre remanÌ praefatÌ F. R. hered ' suis Tenend ' simul cum praedicto manerio tenementÌ parcel ' que ei per finem istum remanÌ de capitalibus dominis c. Et pÌdict ' W. B. hered ' sui warrantÌ praef F. hered ' suis praedicta manÌia tenÌta cum pertinentijs sicut dictum est contra omnes homines imperpetuum Et pro hac c. A Fine by the husband and his wife of manors messuages c. of the adnowson of a Church of rent part in possession and part in reuersion with a render againe to the cognisor and his wife for theirliues without impeachment of wast and after to the heires of the bodies of the conusors and for default of such issue to the heires of the body of the wife of the conu or and for default of such issue then to the right heires of T. the cognisor for euer Midd. ss PRaecipe T. M. arÌ M. vxori eius quod iuste c. tenÌ Sect ' 89. c. A. S. armig ' conuenc ' de manerio de W. iuxta Y. W. in G. S. cuÌ pertinentijs Ac de CCC li. mess c. Necnon de aduocatione ecclesie W. in G. in comitatÌ predicto Et de manerio de D. cum pertinentijs Ac de x. mess c. vij s. viij d. ob redd ' cum pertinÌ in D. in comÌ G. Ac de manerio de S. C. cum pertinÌ Acde sex mess c. cum perrinÌ in S. C. V. in comÌ D. ¶ Et est concordia talis scilicet quod pÌdicti T. M. recognÌ maneria tenemeÌta redditÌ pÌdict ' cum êtinentijs Ac Aduocationem praed esseius ipsius A. de quibus ideÌ A. habet praedicta maneria de W. iuxta Y. W in D. c. AcaduocationÌ praedict ' in praed ' comÌ S. Ac praed ' manerium de South C. cum êtinentijs Ac praedict ' tenementa cum pertinenÌ in South C. V. praedict in praed ' comÌ D. parcell ' manerÌ tenementÌ redditÌ praedictorÌ de dono praedict ' T. M. Et ill ' remis c. Et concesserÌ pro se haeredibus ipsius M. qÄ praedictuÌ manerium de S. praedict ' in praedicto comitatu S. â¿ Ac etiam praedictuÌ manerium de D. cum pertinentijs in praedicto comÌ C. residuum maneriorum tenementÌ redditÌ praedictorum quae F. S. armig ' E. vxor eius tenent ad terminum vitae ipsius E. de haereditate praedict ' M. die quo haec concordia facta fuit Et quae post decessum ipsius E. ad praedict ' T. M. haeredes ipsius M. debuerÌ reuertere post decessum ipsius E. integre remanebunt
for the rent and then he must show the commencement thereof and his title thereunto which the plaintife may answere 31. H. 6. 8. 36. H. 6. In Quem redd ' reddit if the tenant wil disclaime he may plede that Disclaimer he was not tenant of the land the day of the note leuied for this writ lyeth against none but him which is then tenant 8. H. 6. 15. I write thus briefely of this writ because it so much resembleth a Quid iuris clamat Per que seruitia PEr que seruitia is a Iudiciall writ issuing from the note of a fine Sect ' 167. lyeth for the Cognisee of a manor seigniory chiefe rent or other seruices to compel him that is tenant of the land at the time of the note of the fine leuied to attorne vnto him 43. E. 3. 8. H. 6. 17. Plow 46. b. which is made thus Regina c. Vic' K. salutem Praecipimus tibi quod venire facias coram The writ Iusticiarijs nostris apud W. in crastinÌ c. S. F. R. L. c. ad L. c. ad cognoscend ' per que seruitia tenent tenÌta sua cum pertinÌ in B. que seruitia E. L. in curia nostrÌ coram Iusticiarijs nrÌis apud W. concesâit W. B. per finem ibi inde inter âos factum Et habeas ibi hoc breue Teste c. If the Lord grant the seruices of his tenant by fine or otherwise the Lord before attornemeÌt shal haue such things as lye in prender as the warde of the bodie of the heire and of the lande escheates c. But not such things as lie in render as rents and reliefe heriots other feruiuices for he cannot auow for them before the atturnement If a man graunt the seruices of his tenant for life this writ lieth Br. Sur graunt for life Per que seruitia 13. If seruices be graunted to I. S. for life the reuersion to N. N. and I. S. die before atturnement he in reuersion shall haue Per que seruitia 20. H. 6. 7. If Per que seruitia be brought against diuerse of which some onely appeare they are compellable to atturne 21. E. 3. 48. T. 32. E. 3. Vpon whose alienations the tenant is not compellable to atturne IF tenant in taile of seruices leuie a fine thereof the tenant of the land Sect ' 168. Tââ taile is not compellable to atturne 48. E. 3. 23. Because that if the cognisor die the tenant is subiect to the distresse both of the cognisee of the issue in taile 24. E. 3. 25. 43. E. 3. Neuerthelesse vpon a fine with proclamation in such case which barreth the issue in taile the tenant seemeth compellable to atturne If a fine be leuied by him which was neuer seased of the seruices the Conisor neuer seased tenant is not compellable to atturne H. 6. E. 2. If the tenant for life or any other particuler tenant of seruices which To a êticuler tenant haue them not in fee leuie a fine thereof the terre tenant is not compellable to attorne ltinÌ North. 3. E. 3. If one ioint tenant of a seiguiory graunt c. the tenant is not compellable Iointenancy to attorne 9. E. 2. Against whom a Per que seruitia lieth and whom not IT lieth against him onely that is tenant of the land at the time of the Sect ' 169. Terre tenant note of the fine leuied 8. H. 6. 17. 18. E. 4. 10. And therefore must not varie from the fine 18. E. 4. 10. 45. E. 3. 25. E. 3. 50. Therefore it seemeth that if he which is tenant at the leuying of the note do die or alien before attornemeÌt had that neither his heire nor the alienee is compellable to attorne H. 26. E. 3. 56. 18. E. 4. 25. E. 3. 50. 10 yet his attornement is good Ibid ' M. 31. E. 3. Ar Pioresse recluse is compellable to atturne 43. E. 3. And an infant A Recluse 26. E. 3. 62. And a man only dumbe by writing or signes 26. E. 3. 62. But a man surde mute is not coÌpellable to atturne 26. E. 3. 62. Mute Deafe Madnesse Nor a man de non sane memoriae as a madman a lunatike an Ideot 26. E. 3. 62. Nor a tenant by curtesie for the feeblenesse of his estate 9. E. 3. 31. T. by curtesy Late feoffemÌt He that is infeoffed by the Lord post StatÌ Quia emptores c. is not coÌpellable to atturne for he holdeth of the Lord peramouÌt 39. E. 3. 19. The writ of Per que seruitia ought to shew the quantity of the tenanây Quantity H. 14. E. 3. for it is trauersable T. 20. E. 3. H. 26. H. 6. All persons that may be Cognisees may haue this writ Per que seruitia ought to be in the Countie where the fine is knowledged County albeit the mannor be in one Countie and the seruices in an other Countie 21. E. 3. 18. Nonsuite in this action is not peremptorie 24. E. 3. 25. nor the death Nonsuite of the Cognisor after the note leuied Per que seruitia lieth a yere or more after the note leuied 29. E. 3. 46. Time Atturney After peremptorie issue ioined the tenant in Per que seruitia may make Atturney for if the issue be tried against him it doth counteruaile atturnement and then he may be distreined before atturnement 48. E. 3. 24. 39. E. 3. 26. Nontenure the day of the note leuied is a good barre in Per que seruitia Nontenure 8. H. 6. 17. 21. H. 4. 72. It is also a good plea that before the note leuied the Cognisor graunted Former grant the seruices to an other and that he thereupon did atturne 9. E. 3. 31 The tenant in Per que seruitia cannot disclaime but may plede Non Disclaime tenure vt supra 21. H. 4. 72. After iudgement processe is Distringas ad atturnandum 4. E. 3. 2. E. Processe post iudicium 3. 9. 5. E. 4. 2. If the mesne leuie a fine of his mesâaltie to A. for life the Remainder Atturnement with an exception to B. in fee A. bringeth a Per que seruitia and the tenant atturneth hauing his acquital yet shall not he in the remainder auowe before he also acknowledged the acquitaile 18. E. 4. 7. But a feme Couert tannot confesse acquitaile in Per que seruitia because Feme couert Acquitaile she is not examinable in this suit 9. E. 2. 45. E. 3. And the tenant may atturne sauing Acquitaile and warrantie according to a deed thereof M. 15. E. 3. 5. H. 5. E. 3. E. Itinere North. A man may graunt seruices before he haue seisin thereof in fait H. 6. Seisin E. 2. Fitz. Per que seruitia 22. It seemeth vpon the graunt of a Manor cum êtinÌ the seruices passe A manor without atturnement as parcel
tenant nor at his appearance nor vntill the plaintife pray execution And then the coment cosin heire is to be entred thus in the Roll onely Et praedictus I. dicit quod ipse est consanguineus haeres I. W. videlicet filius haeres T. W. fratris haeredis eiusdem I. W. 33. H. 6. 54. 41. E. 3. 13. 24. 8. H. 4. 31. In Scire facias by him in the remainder vpon an estate tayle vers A. Bastardy B. supposing the donee to be dead without issue if A. B. plead that he is issue to the donee and the plaintife replieth that he is a bastard it is a good replication 40. E. 3. 16. Scire facias vpon a fine leuied to T. R. and W. and to the heires of Vpon estate executed the bodie of R. the remainder to the right heires of the said W. T. died and R. died without issue and W. suruiued and died his heires need no Scire facias to execute this fine because it is executed in his life by the vnion of the fee and franktenement in W. 40. E. 3. 20. And so if a fine be leuied to baron feme and to W. and his heires he dieth and then the baron and feme do die the fine is executed for one moitie in the life of W. Fitz h. Scire fac ' 19. 42. E. 3. 9. 24. E. 3. 57. Tenant for life in Scire facias had ayde of him in remainder 41. E. 3. Aydâ fol. 16. and 20. 22. E. 3. 12. In Formedon in Reuerter or Remainder the demandant must meÌcion Death shewed the death of euery one which had estate and suruiued his auncester But not so in a Scire facias sur fine 42. E. 3. 19. If the plaintife haue seuerall estates created by one fine needeth but Seuerall estates one writ of Scire fac ' 43. E. 3. 11. though it be of seuerall things against seuerall tenants 11. H. 4. 15. 21. E. 3. 14. 24. B. 3. 25. If in a Scire facias the Shirife cetorne the partie summoned and he Default appeare not execution shall be awarded 43. E. 3. 13. â If a fine sur cognizance de droit come ceo c. be leuied of a reuersion Reuersion by the name of the land it is not executory 43. E. 3. 15. If the seruices escheat after a fine leuied of the seigniory the Cognizee Seigniory shall haue execution of the land escheated 48. E. 3. 11. A Scire fac ' lieth sometimes of things not comprised in the writ as Of things ouâ of the writ if in a fine sur releas the Cognizee render rent in taile 49. E. 3. 8. If land be giuen by fine for life the remainder to baron feme in Execution by entrie of him in remainder tayle the baron dieth then the tenant for life dieth and the feme entreth the fine is execute so as their issue needeth no Sci. fac ' 49. E. 3. 12. Scire facias lieth for the donor in taile against any that abateth after Of a Reuersion the death of the donee in taile by fine without issue 22. E. 3. 12. Vpon general Nontenure pleaded the plaintife may take executioÌ at Nontenure general or special his peril But special Nontenure seemeth a good plea 7. H. 6. 25. A man shall not haue execution vpon nihil retorned because the tenant Nihil retorned may be summoned in the land demaunded 24. E. 3. 25. If a fine be leuied to husband and wife in taile the remainder to his Demy sank right heires they hauing issue the husband dieth the wife hath issue by another husband and dieth thissue by the first husband entreth and dieth without issue and his next heire entreth as into the remainder in fee against whom the issue by the second husband bringeth a Scire fac ' and recouereth by reason that the fee could neuer execute in possession in thelder brother during the state tailly 24. E. 3. 30. 62. Feoffement with warranty from the plaintifes auncestor is a good Feoffement plea in Scire facias vpon a fine 22. H. 6. 39. The heire shall haue his age in Scire fac ' ContrÌ WestmÌ 2. cap. 45. 24. E. 3. 29. 60. What fines with proclamations barre not thissue in taile NO fine leuied by tenant in taile barreth his issue maintenant but Sect. 180. where the tenant in taile is cognizor as if tenant in tayle bring a writ of Couenant against an Estranger and recognize the land to be the right of the tenant in taile as that which he hath of his gifte c. and the tenant in taile graunt and render the land to the cognizor for yeares yeelding rent c. die this fine is void against thissue in taile M. 10. 11. Eliz. Dyer f. 279. p. 7. 36. H. 8. Br. fines 118. A fine with proclamation leuied by tenant in taile the reuercion or remainder being in the king bindeth not thissue in tayle as it seemeth Br. fines 121. But if such lands weare entailed by the king such fine barreth not thissue in tayle 32. H. 8. ca. 36. If an EstrÌ leuie a fine to tenant in taile sur cognizanee de droit come ceo que il ad de son done and he render to him a rent in fee and die after proclamation yet thissue in taile may auoid it for he is remitted and the rent is another thing then the land 15. Eliz. Plo. fol. 435. b. per Thornton If tenant in tayle of an aduowson graunt and rendre by fine the nomination of the Clerke it is void 15. Eliz. Pl. f. 435. b. ê Thornton If tenant in taile of a rent disseise the tenant of the land and leuie a fine with proclamacion of the land thissue in taile is not barred for the rent because the fine was not leuied of the rent but of the land per Thornton and granted 15. Eliz. Plo. f. 435. b. If tenant in taile graunt a rent by fine his issue may auoid it 15. Eliz. Plow 436. 14. ass p. 4. What time after a fine leuied and proclamation made any man hath to enter or claime by action or otherwise who are therby barred forthwith and who not Hetherto of the formes and execucion of fines now let see how they may be auoided TO know what time êsons that haue cause to enter or claime may Sect. 181. enter or claime after a fine leuied many things are to be weyed for some êsons haue more time some lesse for the discussing of which question we must not onely consider the qualitie of the persons which should claime or enter but also the qualitie of their rights and estates And the parsons be either such as are void of impediments or such as haue impediments And the same be either parties or priuies to the fine or estrangers to the same And againe they haue either present right or future
If one haue a villein for yeres as executor who purchaseth lands in fee thexecutor by law and conscience shal haue the same lands in fee to the behoofe of his testator and they shall be deemed assets in his hands D. S. lib. 2. cap. 18. because he hath them by reason of his villein If a Lawier ignorantly or affectionately giue wrong counsel to his client who followeth it to his trouble and losse yet is he remedilesse as it seemeth D. S. lib. 2. cap. 19. Therefore it is good to aske aduise of none but such as be learned in the Lawes and of good conscience If a man without consideration giue landes by Indenture to H. and his heires vpon condition that if he pay not vnto I. S. â li. rent yerely that then the said I. S. may enter c. which rent is not paid yet the said I. S. may neither enter by law nor conscience because he is neither party nor priuie to the said condition notwithstanding the intent of the giuer for such intent being not grounded vpon the law is void D. S. lib. 2. cap. 20. Plo. 25. B. But the feoffor as it seemeth may lawfully reenter because the words of the Indenture implie a condition in law to that effect D. S. lib. 2. cap. 23. If a man without consideration confirme thestate of his lessee for life the remainder to another in fee this remainder is void in law and equitie because a Remainder cannot commence but at the same instant that the particuler estate whereupon it dependeth began D. S. lib. 2. cap. 20. Plow 25. b. yet the feoffor and his heires in this case may enter for the breach of the said condition If by a feoffement indented it be agreed that the feoffee shall yerely pay to A. B. and his heires a certein rent and that if he pay it not that A. B. and his heire may enter c. albeit the feoffee pay not the money yet may neither the said A. B. nor the feffor enter for that there is no clause of reentre in the said deede Howbeit it seemeth he may haue remedy in Chancerie for the said yerely payment D. S. h. 2. ca. 21. If A. promise to giue vnto B. a summe of money or other thing of meere motion without any consideration the partie is not bound to performe this promise either by law or in ChauÌcerie because it is Nudum pactum D. S. lib. 2. cap. 24. If A. promise to giue B. x. s. in consideration of a trespas by him done vnto B. yet A. is not thereby bound in law nor conscience because this is an accord for which none action lieth And notwithstanding this accord B. may haue his action for the said trespas because the concord is executorie D. S. lib. 2. 24. If a man haue one sonne before mariage and an other after and bequeathed all his goods to his sonne and heire it seemeth both in law and conscience that the sonne borne after mariage shall haue the goods for he is heire by the common Lawes of the Realme of which the Spiritual Iudges are bound to take notice and to giue sentence accordingly of temporal things Notwithstanding that by the common Lawes the othersonne is legitimate and the testators heire for the auoiding of the inconuenience which might happen by the contrary iudgements in seuerall Courts In like maner temporall Iudges seeme bound in conscience to take notice of the common Law when they are to Iudge spirituall things and to order their Iudgements according to the same D. S. lib. 2. ca. 25. Iointenants and tenants in common of an Aduowson must within vi Monethes after auoidance agree and ioine in presentment of their Cierke And the eldest sister of Coparceners must present first and then the second by turne or by such composition as they make thereof except the yongest coparcener be the kings ward in which case the presentmeÌt belongeth to the king And if they keepe not this course of presentment within the sixe Monethes they loose their presentment for that time And the Ordinary may present by Laps both in law and conscience D. S. lib. 2. cap. 33. And if the auoidance be by death cession or creation the 6. Monethes commencâ at the death creation or cession the patron is bound to take notice thereof And if by resignation or depriuation then from notice thereof giuen by the Ordinary to the Patron If by vnion from the agreement how they shall present D. S. lib. 2. cap. 31. The wife suruiuing her husband which tooke a lease for yeres or life in both their names may lawfully and with good conscience waiue and relinquish it So may an Executor refuse a terme made to his testator if he haue not assets Do. St. lib. 2. 33. If A. infeoffe an Abbot by deede indented vpon condition and the Abbot onely performeth not the condition the feoffor both in law and conscience may reenter and haue his land againe as in his former right D. S. lib. 2. 34. Warrantie collaterall A Man seised of lands in fee hath issue two sonnes the elder brother goeth beyonâ the Sea remaineth there vntil it be commonly reported that he is dead the father dieth the yonger brother entreth into his lands as his heire and alieneth with warrantie and dieth without issue of his body leauing no land to discend to his next heire and afterwards the elder brother returneth and claimeth the landes in his owne right yet is he barred by Law and conscience for that it is the act of his auncester whose heire he is by whom as he might haue had aduantage to haue had his lands by discent from his as his heire if he had had any so it seemeth reasonable that for the priuitie of bloud he sustaine disaduantage by him because both the seller and the buyer were ignorant of the elder brothers life and right by reason of his owne absence D. S. lib. 2. cap. 49. LittÌ sectÌ 704. 705. 707. But if such heire were vouched by force of such warranty he might enter into the warrantie as one that hath nothing by discent from that auncester and so auoid the warranty Debtagainst one as heire If the father bind him and his heires for the payment of a debt die leauing assets by discent to his sonne heire he is bound to pay the debt by law and conscience because he hath such benefit by him Do. St. lib. 2. cap. 49. 26. H. 8. fo I. 40. E. 3. f. 38. 12. E. 3. f. 9. 13. E. 3. fo It is agreable both with law and conscience that a man outlawed either in felouie or in actions personals shall forfait loose all his goods because it is so ordeined for the necessitie of the admmistratioÌ of Iustice D. S. lib. 2. ca. 49. 43. E. 3. fo 18. 21. Ass 21. 39. H. 6. fo 26. 21. H. 7. f. 7. 49. E. 3. f. 5. 16. E. 4. fo 6. The like is of forfaiture of goods attached by
secret estates to diuers vnknowne persons to defraude the plaintife of his apt remedie by the common lawe and so prayeth proces against the defendant To the Right Honorable Sir T. E. Knight Lord Keeper of the great Seale of England IN most humble wise complayning sheweth vnto your good Lordship Sect. 145. your dayly Orator I. B. labourer That whereas R. G. Widowe was lawfully seazed in her demesne as of fee of and in three messes twentie acres of land meadow leasowe and pasture with the appurtenances set lying and being in M. in the Countie of B. And the said R. G. being so seazed of all the premisses did of the same about fortie yeares last past enfeoffe certaine persons To haue and hould to them and their heires to the vse and performance of the last will and testament of the saide R. G. and by the same her will deuised all the premisses or the vse thereof to her sonne W. B. and to the heires of his body lawfully begotten with diuers remainders ouer and dyed by and after whose death the said W. B. into the premisses entred and was thereof lawfully seazed in his demeasne as of fee tayle generall by force of the gift aforesaid And the said W. B. so being seazed of the premisses died of such an estate thereof seased by an after whose death the same premisses did discend and come to your said Orator as sonne and heire of the body of the said W. B. by force of the deuise aforesaide by reason whereof your saide Orator in the premisses entred and was thereof seazed in his demesne as of fee by force of the saide gift in taking the issues and profits accordingly vntill of late that is to say about foure yeares last past that as well the saide deede of feoffment and last will and testament aforesaide as also diuers other euidences charters escripts and miniments concerning the premisses are by casuall meanes come to the handes custodie and possession of one R. W. of S. aforesayde in the sayde Countie yeoman who by cullour of hauing of them hath not onely entred into the premisses and thereof expulsed your sayde Orator but also hath contriued diuers secret estates to diuers and sundry persons to your Orator vnknowne in purpose to defraude and delay your sayde Orator to his apt action and remedie by the course of the common lawes of this realme for recouerye of the prâmisses to your Orators vtter vndoing and disinheritance for euer And for as much as your sayde Orator knoweth not the certayne number nor the dates and contents of the sayde Euidences Charters Escripts or Miniments nor yet wherein the same be contayned whether in bagge or boxe sealed or vnsealed or in chest locked or vnlocked by reason whereof your sayde Orator is clearely without all remedye for the recouerie thereof by the ordinarie course of the common lawes of this Realme In tender consideration whereof may it please your good Lordship the premisses considered to graunt vnto your sayde Orator the Queenes Maiesties most gracious writ of Subpena to be directed vnto the sayde R. W. commaunding ãâã thereby persoââlly to appeare before your good Lordship in the Queenes Maiesties high court of Chauncerpe at a short day and ââder a certayne payne therein to be limited then and there to answere to the ãâã and to abide such order and direction therein as to ãâã and iustice shall appertayne And your said poore Orator shall dayly pray as âe is bounden for the health and long life of your good Lordship with all increase of honour to Gods will and good pleasure A bill against two for the deliuerie of heâreloomes or principalls to the plaintife being sonne and heire according to the custome of the Countie Pallantine of Chester To the Right Honorable Sir Nicholas Bacon Knight Lord Keeper of the great seale of England COmplayning sheweth vnto your good Lordship your dayly Orator Sect. 14â I. S. of Lincolnes Iâââ Geââ sonne and heire of I. S. of D. within the Countie of â That where as the sayde I. S. was in his life time lawfully possessed of and in diuers goods and Chattels as of his owne proper goods that is to say Plate Iewels houshold stuffe beasts cattaile horses and other manner of goods amounting to the value of fiue hundred pound or neere thereabouts and so being thereof possessed made his testament and last will ordeyning thereof Elizabeth then his Wife and nowe Wife to B. P. his sole executrix and shortly after dyed possessed of the premisses as aforesayde within the said Countie of C. Immediatly after whose death the said E. did take vpon her the administration of the said goods and other the premisses accordingly by vertue whereof she was thereof possessed accordingly But so it is and please your Honor that the custome of all the countrie within the said Countie of C. is and time out of minde of man to the contrarie hath beene that if any person or persons being possessed of goods and cattels as of his owne proper goods and cattels and dye thereof possessed that the next heire to him that so dyeth possessed shall haue the best and principall thing of euerie sort and kinde of the said goods and cattels for and in the name of the principals and heire Lomes by force vertue whereof your Orator being the sonne and heire of the said I. S. was after the death of the saide I. S. iustlie entituled to a great part of the said goods and cattels amounting at the least in value to 200. pound or neere thereabouts by reason whereof and for that your said Orator was at the time of the death of his saide father vnder age of xxi yeares and yet is and in ward to the Queenes Maiestie and hauing the possession of so much of all the said goods and cattels as to your said Orator did appertayne and of right belong by vertue of the custome aforesaid being verie neere to the value of two hundred pound by deliuerie of the saide E. in her Widowhood immediatly after the death of the saide I. S. your saide Orator did incontinently thereupon deliuer the same to the said E. to be safely by her kept to your saide Orators vse and to be in like maner safely redeliuered to your saide Orator at such time or times as by your saide Orator or his assignes she should be thereunto required sithence which said redeliuerie made by your said Orator to the said E. as aforesaid the said E. hath taken to husband one B. P. Genâ by reason whereof all the said goods cattels and other the premisses were and did come after the said entermariage into the hands and possession of the same B. P. which said E. sithens the said deliuerie made by your said Orator vnto her as aforesaide before the day of entermariage hath vtterly refused to make any redeliuerie of the said goods and cattels so by your said Orator to her deliuered as aforesaid or yet to make