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judgement_n find_v issue_n plaintiff_n 1,545 5 10.3134 5 false
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A78161 The Attvrneys gvide, for suing out of fines, concords, and recoveries, &c. Being choice and exact presidents for all sorts of fines, concords, and recoveries. Together with full instructions in all proceedings relating thereunto, and the certain charges of the same. With a table of all the particulars. / Perused and approved by G.T. an able practioner, and others. I. B.; G. T. 1656 (1656) Wing B82; Thomason E1611_1; ESTC R22388 195,053 388

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his demeasne as of Freehold by the Form of the Testament and last will aforesaid without this that the same I. F. by his last will and Testament aforesaid bequeathed to the aforesaid A. B. c. ut supra as the aforesaid A. B. above alleged And this c. whereof c. And the aforesaid A. B. as before saith c. ut supra in brevi as he before alleged And of this c. The Tenant may atturn for parcell excepting the rest and plead thereunto Attornment for part plea to the rest ANd now at this day here in the Court came as well the aforesaid E. I. by W. W. his Attorney as the aforesaid I. E. in his proper person and hereupon the aforesaid E. I. by his Attorney aforesaid Prayed that the aforesaid I. E. to him thereof may atturn c. And the aforesaid I. E. prayeth hearing of the Writ aforesaid and to him it is read c. he prayeth also hearing of the note of the Fine whereupon the Writ aforesaid issued forth and it is read to him in these words Between R. Plaintiff and P. Deforcient c. rehearsing the whole note which being read and heard the same I. F. as touching the Tenements aforesaid except 10 Acres in D. parcell thereof saith that he is ready to the aforesaid R. thereof to atturn and himself to him in Court here hath attorned of the Tenements aforesaid except the aforesaid 10. Acres of Land and hath acknowledged c. And hath done Fealty c. And as touching the aforesaid 10. Acres of Land in D. the same I. F. saith that he at the time of the levying the note aforesaid was seised of the same 10. Acres of Land with the appurtenances in his demeasne as of Fee without this that he at the aforesaid time of the levying of the note aforesaid the same 10. Acres of Land with the appurtenances held for Term of life only as c. therefore let a Fine thereof be ingrossed Dyer f. 212. p. 35. 4. Eliz. And when the Tenant doth atturn the note of the Fine is to be delivered to the Chirographer And then it must be written upon the back-side of the same note thus The within named A. B. hath atturned himself to the within written C. D. by virtue of this note as it appeareth c. Atturney in quid Juris clamat UPon such a Plea pleaded that the Tenant may forfeit his Estate he may make an Atturney 21 E. 3. 48. Or if the Tenant suggest in Chancery that he will plead so as he forfeit his Estate he may make an Atturney by dedimus potestatem thus Oliver c. To his beloved faithfull F. B. c. Whereas our Writ of Covenant hangeth before you and your Associates our Justices of the Bench between R. P. of a hundred Acres c. which I. holdeth for his life of the aforesaid B. for a Fine thereof between the aforesaid R. and P. according to the Law and custome of our Common-weath of England to be levyed whereby our Sheriff of York by our Writ we have commanded that he should cause to come before our said Justices the aforesaid I. at the day in that Writ contained to acknowledge what right he claimeth to have in the Lands aforesaid and on the behalf of the said I. it is given us to understand that he upon the Fine aforesaid ought not to atturn for that that before the levying of the note of the Fine aforesaid one S. being seised of that Land in his demeasne as of Fee gave it to the aforesaid I. and the heirs of his body And he at the day to him given in the Bench aforesaid that matter to the Writ aforesaid will plead And yet he is so impotent and worn with age that unto the Bench aforesaid at the day to him given without very great danger of his body he is not sufficient to travail to plead that plea we tendring the State of the same I. in this behalf have given you power to receive an Atturney whom before you in his stead he shall will to atturn in this behalf to gain or to lose and therefore we command you that unto the aforesaid I. personally you going you receive an Attorney whom in his stead he shall will to Atturn in this behalf and of the name of the same Atturney to us in our Chancery under your Seal distinctly and openly you certifie returning to us this Writ Witness my self c. The return thereof I Putteth in his place A. B. his Atturney against R. in a Plea in quid juris clamat to gain or lose And as the Tenant may make an Atturney by dedimus potestatem so he may atturn the form whereof followeth Oliver c. To his faithfull I. and M. greeting whereas our Writ of Covenant hangeth before you and your Associates our Justices of the Bench between R and P. of a hundred Acres c. which I holdeth for his life of the aforesaid P. for a Fine between the aforesaid R. and P. according to the Law and custome of our Common-weal of England to be levyed whereby by our Writ we have commanded our Sheriff of Norfolk that he cause to come before our said Justices the aforesaid I. at the day in that Writ contained to acknowledge what right he claimeth to have in the Land aforesaid and the aforesaid I. of himself is so impotent that unto the Bench aforesaid at the day to him given without very great danger of his body he is not sufficient to travail to acknowledge what right he claimeth to have in the Land aforesaid we tendring the state of him the said I. in this behalf have given to you power to receive the knowledgement and to testifie the Atturnment which the aforesaid I. before you shall will to make ye receive And when you have received him and he before you as it is the manner have atturned himself your aforesaid Associates of the cognizance aforesaid distinctly and openly you certifie the aforesaid atturnment testifying that that Fine between the parties aforesaid of the Lands aforesaid before you and your associates aforesaid in the Bench aforesaid may be levied according to the Law and custome aforesaid And have you c. After issue joyned the Tenant may be essoigned thus York ss A. B. against C. D. in a Plea of quid juris clamat in one Messuage c. whereof the Jury by W. C. in 15. dayes of Saint Hillary c. If the issue be found with the Plaintiff the Judgement is in this form Judgement ANd hereupon the premisses being seen and by the Justices more fully understood it is ordered that the aforesaid C. D. for seisin of the Tenements aforesaid with the appurtenances against the aforesaid A. B. by occasion of the claim and Plea aforesaid forefeited to have if he will he may prosecute and also that the Fine aforesaid if he will may be ingrossed and the aforesaid A. B.