heirs-males of the bodies of them the said S. P. and I. issuing And if no Heir-male of the bodies of them the said S. P. and I. should be begotten then the tenements aforesaid with the appurtenances should wholly remain to the aforesaid M. sister of the aforesaid S. son of the aforesaid S. P. and I. and the Heirs of her body begotten and that the aforesaid S. P. and I. are dead without heir-male of their bodies begotten And that ☞ the aforesaid S. son of the aforesaid S. P. and I. is dead without heir of his body begotten and that the aforesaid M. is likewise dead and that the aforesaid I. A. is Cozen and Heir of the aforesaid M. inform wherein the same I. A. above supposeth and all and singular the premises Judgment to have execution they well grant therefore it is considered that the aforesaid I. A. have execution against the aforesaid R. L. and others of the tenements aforesaid with the appurtenances c. Scire Fac. teturned And now here at this day came as well the aforesaid E. in his proper person as the aforesaid T. B. by W. his Atturney And the Sheriff returned that he made to know c. And hereupon the aforesaid E. saith that he is Cozen and heir of the aforesaid E. that is to say son of R. son of I. son of A. son of W. brother of R. of the Father of him the said E. and prayeth against the aforesaid T. B. execution c And Cozenage alleged the aforesaid T. saith that the aforesaid E. execution c. by virtue of the Fine aforesaid against him ought not to have because he saith that one R. Father of him the said R. of the Father of E. one I. R taking to wife and the Bar that another was Heir whose estate he hath same I. him the said R. taking to husband at R. in the County of N. one to the other were betrothed and after that banes between them by three holidayes distant from themselves in the Parish Church of R. solemnly was proclaimed and other things concurrent in that behalf canonically required spousall between the same R. and I. in the face of the same Church were lawfully and solemnly celebrated within which spousall the same R. and I. at R. aforesaid had issue between them there begotten and born the aforesaid E. Father of the aforesaid E. and one S. the mean and after the Nativity of him the said S. the aforesaid W. in the Fine aforesaid named the said W. being the younger to whom the aforesaid E. maketh himself Cozen and Heir and the aforesaid R. Father of R. and I. afterward dyed and the aforesaid R. son of R. of the son of R. had issue there the aforesaid E. and died and she the said E. afterward died without Heir of her body issuing the said W. E. her husband in the said Fine named her surviving and he the said W. died after whose death the aforesaid T. M. into the aforesaid Messuage c. in the aforesaid Towns of E. and M. entred as in their remainder aforesaid and were thereof seised in their demeasne as of Fee tail by virtue of the Fine aforesaid and dyed without Heir of their bodies issuing after whose death one I. R. as Cozen and Heir of the aforesaid E. to wit son of S. of the brother of R. of the father of the afores E. into the tene aforesaid with the appurtenances entred and was thereof seised in his demeasne as of Fee by virtue of the Fine aforesaid the estate of which said I. R. the aforesaid T. B. now hath in the same and this c. whereof he prayeth c. if execution c. Cozenage maintained And the aforesaid E. saith that he from having execution of the Messuages c. in the aforesaid Townes of E. and M. against the aforesaid T. for any the matters before alleged ought not to be barred for that he saith that long before the aforesaid spousall between the aforesaid R. Father of R. and I. R. his wife celebrated the same R. Father of him the said R. her the said I. taking to his wife and the same I. him the said R. taking to her husband at M. in the aforesaid County of B. to one the other were betrothed and all and singular the things concurrent of right in that behalf canonically being required spousal between them the said R. and I. in the face of the Church c. were solemnly and lawfully celebrated within which spousall the aforesaid R. Father of R. and I. his wife at the aforesaid Town of M. had issue between them that is to say Father of the aforesaid E. and the aforesaid W. in the Fine aforesaid named his middle son to whom the aforesaid E. maketh himself Cozen and Heir and the aforesaid S. his younger son without this that the aforesaid S. was son of the aforesaid R. of the father of R. I. his wife the elder of the afores W. as the afores T. B. above alleged And this c. wherof he prayeth Judgement execution c. And the aforesaid T. B. saith that the aforesaid S. was son of the aforesaid R. of the Father of R. and I. his wife the elder of the aforesaid W. in form as he above alleged And of this c. And the aforesaid E likewise And for that the Justices here are not yet advised whether the said issue of the Plea aforesaid ought to be tryed by men of the venue of M. in the said County of E. or by men of the venue of R. in the said County of W. or by men of one venue Venue and another day is given to the parties aforesaid to hear their Judgement here in eight dayes of Saint Hillary c. Cozenage alleged in the Scire Facias ANd hereupon the aforesaid W. L. saith that he is Cozen and heir of the aforesaid M. to wit son of I. of the son of I. of the son of him the said M. begotten and born at T. in the County of N. between I. L. of T. heretofore husband of the aforesaid M. and her the said M. after the spousall between them there celebrated and prayeth against the aforesaid W. and A. execution c And the aforesaid W. and A. know not any the matters in the Writ aforesaid by the aforesaid W. L. before alleged and contained and by protesting that they as to the begetting and Nativity of the aforesaid I. son of M. so suspected in Maner and form above alleged by necessity have not nor by the Law of the Land are held to answer protesting also that the aforesaid M. being the first took to her husband one I. L. of M. which said I. and M. had issue between them one I. and the same I. afterward died without Heir-Male of his body and the body of the aforesaid M. begotten for Plea saith that the aforesaid W. as Cozen and Heir of the aforesaid M.
the Son is privy also in blood but not in estate for although the possession of the same land came to him by discent as heir to his father yet he was therein remitted forthwith to his former estate 3 And a third kind of privitie in blood tantum is where a man in some respect is privy in blood and estate and in another respect privy in blood tantum As for example if there be two brothers and the eldest purchaseth lands in Fee is thereof disseised by his younger brother afterward disseised by a stranger and that stranger dyeth thereof seised the younger brother being within age and afterwards the elder brother dyeth without issue the younger Son hath two manner of rights to the land the one is a right of entry against such heir as is in by discent during his minority but that right is only in respect of his former possession which he obtained by disseisen and not as heir to his brother and in this respect he is privy in blood to his eldest brother but not privy in estate The other right that is now in the younger brother is only a right in action and not a right of entry and this is in him as heir to his brother whose entry was taken away by the said discent in respect of his right he is privy in blood and estate to his brother Privity in estate tantum is where a man claimeth an estate in land as assignee to another as if A infeoffe B. in this case B. and his heirs are privy in estate to A. Privity in blood and in estates are of two sorts whereof the one may properly be called a privity of blood and estate the other is so called improperly and in a borrowed sence That which is properly called a privity in blood and estate is when both privities do acrew by discent by or from one Ancestor The other is when one of them acreweth by one manner of title and the other by title of another kind as for example if there be a father and a son and the father purchaseth lands and dyeth thereof seised and the same doth descend to his Son he is to his father in a proper sence privy in blood and estate because both those privities doe to him acrew by one discent from one Ancestor It is to be noted that such privies as the Statute meaneth are after the ingrossing of the Fine Proclam made according to the form of the Statute absolutely barred without hope of recovery or restraint by any claim but such as are strangers are barred only conditionally if they or their heirs do not claim according to the form of the Statute within the times therein prescribed It is a rule in Law that no error in the fault of the Judge can be assigned to reverse a Judgement unless it may be tryed by view of the Record or by inspection of the person for if it should many grave Judgements would be overthrown by corrupt tryals of false surmises to the subversion of Justice and maintenance of Vice But if the Judge give Judgement for the one party upon the matter appearing of record whereas he ought to give judgement for the other party this is reversible by error because such a fault of the Judge through ignorance of the Law is apparent by the view of the Record What persons may be Cognisors in Fines and what not AN Infant ought not to be Cognisor especially if it be a Feme covert for that she cannot reverse it during the coverture which continuing till she come to full age barreth her for ever 50 E. 3. fo 5. 21. Ass 53. * 7 H. 4. s 23. 43 E. 3. f. 20. Also no feme covert ought to levy any Fine without her husband is avoidable by the entry of him yet since a Fine levyed at this day and proclamation according to the form of the said estate of 4 H. 7. 31 Eliz. cannot be avoided by the entry of the Husband of the Cognisor as to the estate of inheritance but only to the frank tenement during the Coverture and so long afterwards as he shall be tenant by the curtesie if he had issue by his said Wife before the Fine levyed And in that case albeit the Husband do enter in 5 years or before Proclamations had and made the feme and her heirs are barred as privies to the Fine the words of the said Statute of 4 H. 7. be the Fine to be a final end and conclude as well privies as strangers and yet all strangers shall not be barred by such Fine The King is no such stranger as is comprised in the the said Act for if the Law-makers had meant to conclude the King thereby of his right then it is not to be doubted his greatness being such as it could not be forgotten but they would have made some provision for his claim which thing they have not done because they never intended to conclude him but others being bodies corporate of things that goe by way of succession are comprised in this word strangers in the body of the Act. And yet they are not contained in the letter of exception or of any of the savings which do save râ—ghts to men and their heirs speaking nothing of Corporations or successions or of any thing in succession He which intrudeth upon the Kings possession ought not to be Cognisor for his Fine is void for by his entrie upon the King after office and before livery sued he gaineth no freehold 1 H. 7. fo 9. 24 E. 3. f. 65 but if the Fine be levyed without intrusion it bindeth the Cognisor and his heirs if the Husband levies a Fine of his wives land without her it is void 32 H. 8. c. 28. If a woman be Cognisor she ought to be examined whether she do of her own free will or by compulsion of her Husband but being Cognisee she is not to be examined because it is for her benefit 3 H. 6. f. 42. E. 3. f. 7. A Woman may not levy a Fine of such lands c. as she hath in Dower Joynture or for her life or in tail of the gift of her husband or of any of his Ancestors or of any person seised to his use upon pain to loose her estate 11 H. 7. c. 20. Neither an Ideot natural nor any other person of non sane memorie ought to be Cognisors for their Fines as it seemeth may not be reversed 17 E. 3. f. 52. 78. 17 Ass 17. A Tenant for life may not without danger to forfeit his estate be Cognisor in a Fine upon grant and render but upon a grant and release he may 44. E. 3. f. 36. And he may also be Cognisee in a Fine of release without forfeiture of his estate 1 H. 7. f. 9. Rent cannot be reserved upon a Fine sur cognisance de droit come ceo que il cognisee ad del done de cognisor nor sur fine sur release otherwise than by render
whether there remains sufficient free-lands besides those to the Alienor to sustain publick charges and to be in Assizes and Juries c. And this is as well where the Alienation is made by the King or by a Corporation or a Feme covert as by any other The like inquiry by Writ of ad quod damnum hath been used before the King made any grant or pardon for alienation lease release confirmation or licence and after the Inquisition returned and certified into the Chancery to effect the same accordingly F. N. B. f. 221. inde usque f. 227. But now experience is to the contrary in lieu whereof the use of late hath been to put in the Kings Patents in these words absque aliquo brevi de Ad quod damnum seu aliquibus aliis bâ—evibus seu mandatis super inde habendis fiendis aut prosequendis And one Writ of ad quod damnum will serve for divets Purchasers and a licence to alien in Mortmain of one King will serve in the time of another But not so of Lands holden in chief 22 E. 3. F. N. B. in brevi de ad quod damnum Of a pardon for alienation A fine of pardon BUt if perchance any alienation be made without licence a Pardon must be sued the fine whereof is the value of the Lands by one year and the mean profits between the Inquisition and the pardon 31 H. 8. Br. Alienation 29. unlesse the Commissioners will more favourably compound for the same as in some cases upon reasonable cause shewed they use to doe which Pardon being purchased the Purchaser is to hold the Land still 14 H. 6. 26. 50. Ass p. 2. 1 E. 3. c. 12. 34 E. 3. c. 15. Fine of licence But the Fine of a Licence to alien Lands holden in Capite is the third part of the yearly value thereof 26 H. 8. Br. Alienation 29. Mortmain But if a lienation of Lands into Mortmaine be made without licence the King may seise them as forfeited or escheateâ—d Mag. Char. ca. 36. West 2. ca. 32. And for a licence thereof to be granted the fine thereupon to be paid is the value of the land by 3 years 26 H. 8. Br. Alienation â—9 Variance But variance between the licence and the fine is not material if it be all one alienation 32 H. 8. Br. Alien 30. Release And it seemeth that a Fine sur release or other release is none alienation and therefore no fine due for the same P. 37 H. 8. Br. Alienation 31. Recovery But fines are payable and licences to be sued upon common recoveries 39 H. 6. 32 H. 8. c. 1. 4. E. 3. Will. Devise by Will is an Alienation 3. Ma. 1. Br. Alien 37. Of the Dedimus Potestatem to take Cognisance of a fine A Dedimus Potestatem to take knowledge of a Fine is as aforesaid a Writ Commissional directed to one or more giving them-power to take and certifie to the Justices of the Common Place the cognisance of the Cognisees when they cannâ—t conveniently travell to doe it in Court and it ought to recâ—te the substance of the writ or Covenant and bear teste or date after it F. N. f. 146. g. The form of the writ of Covenant and Dedimus Potestatem with the returns thereof ensue The writ of Covenant OLiver c. To the Sheriff of York greeting Command T. B. Esquire and A. his wife that justly and without delay they hold to V. P. Gent. the Covenant between them made of the Mannor of T. with the appurtenances And of two Messuages 3 Cottages five Tofts one Dove-house five gardens five Orchards 110 acres of land 50 acres of meadow 50. acres of pasture 10 acres of wood 100 acres of ling and heath 40 s. rent common of pasture for all manner of beasts with the appurtenances in W. B. And unlesse they shall doe it and the aforesaid W. shall secure you for prosecuting his complaint then summon by good summoners the aforesaid T. and A. that they be here before our Justices at Westminster in 8 dayes of St. Michael to shew wherefore they will not doe it And have you there the Summoners and this Writ Witnesse c. the 14th day of N. In the year c. Fine And the Fine thereof was wont to be entred under the Writ thus For xx s. paid to the Farmer of the Fines of ouâ— Soveraign Lord the King by vertue of the Kings warrant Indorsement Then must the writ of Covenant be indorsed thus By E. S. for the fine within written who affirmeth that the Tenements within named doe not exceed the value of 10 l. by the year The Sheriffs return E. S. Pledges of persecuting John Doo Rich. Roo Sumoners John Den. Rich Fen. The Commis of Fines W. L. T. W R. Eure. Esq Sheriff The Dedimus potestatem thereof OL. c. To our beloved and faithfull c. greeting Whereas our writ of Covenant hangeth before our Justices of the Bench between W. P. Gent. and T. B. Esq and Ann his Wife of the mannor of T. with the appurtenances and of 2 Messuages 3 Cottages 5 Tofts 1 Dove-house 5 Gardens 5 Orchards 110 acres of Land 50 acres of Meadow 50 acres of Pasture 10 acres of Wood 100 acres of Ling and Heath 40 s. Rent and Common of Pasture for all kinds of Beasts with the appurtenances in W. and B. in the County of Tork to leavy a Fine thereof between them before our Justices aforesaid in the Bench aforesaid according to the Law and custom of our Common-wealth of England And the aforesaid T. and A. are so impotent that without the greatest danger of their bodies unto Westm at the day in the said writ conteined to make Cognisances which in this behalf are required travell they cannot as we have received We to the state of the said T. and A. pitifull in this behalf have given to you four three or two of you power to receive the Cognisanses which the said T. and A. before you four three or two of you shall make of the Premises And therefore you four three or two of you we command that unto the aforesaid T. and A. personally going you receive their Cognisances aforesaid and after ye have received them our Justices aforesaid thereof under the Seals of four three or two of you distinctly and openly you certifie that then that Fine between the parties aforesaid of the Premises before our Justices aforesaid in the Bench aforesaid may be levied according to the Law and Custom aforesaid sending to the said Justices this writ witnesse my self at Westminster 14th day of Novemb In the year c. Garth The name of the Cursiter The said Dedimus potestamus must be endorsed thus By the Commissioners of the great Seal of England at the iâ—stâ—â—ce of the demandant 〈◊〉 formerly it was thus Per Dominum custod magni Sigilli Angliae ad instanc petend The
of him the said I. in this behalf have given you power to receive the cognisance and to testifie the Atturnment which the aforesaid I. before you shal do in this behalf And therefore we command you that unto the aforesaid I. personally going the cognizance which before you in this behalf he shall do ye receive And when you have received it and he before you as it is the manner have atturned himself your foresaid Associates of the cognizance aforesaid distinctly and openly ye certifie the aforesaid Atturnment certifying that that fine between the parties aforesaid of the Land 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. Default By default of appearance distring ad atturnandum shall be awarded 2 E. 3. 9. Nonsuit Non-suit in quid juris clamat is not peremptory ry 18 E. 3. 6. Fitz. Quid Jur. â—7 24. Ed. 3. 3. Fitz. quid c. 39. The Writ of Summons in Quid juris clamat Summons OLiver c. to the Sheriff of York greeting we command you that you cause to come before our Justices of the Bench from the day of Easter in 15. dayes A. B. to acknowledge what right he claimeth in one Messuage and ten Acres of Land with the Appurtenances in B. which M. N. in our Court c. hath granted to C. D. by fine thereof there between them made And have you there T. c. upon which Writ none essoin lyeth 9. H. 6. 22. 33. H. 6. 5. At the return of which Writ the Sheriff doth return him summoned thus endorsed upon the back of the Writ Pledges of the within named A. B. I. M. R. K. S. E. Sheriff And if the plaintiff appear and the Tenant Default make default the entry is thus The Sheriff of York was commanded that he should cause to come here from the day of Easter in 15. dayes A. B. to acknowledge what right he claimeth in one Messuage c. with the Appurtenances in B. which M. N. in the Court of the Lord Protector here hath granted to C. D. by a Fine here thereof between them made And now at this day came the aforesaid C. by H. I. his Atturney and the aforesaid A. B. came not and was mainprised by I. M. and R. L. Distress Therefore he into all c. And he is commanded that he distrain him by all his Lands and Chattels c. And that of the profits c. And that he have his body here from the day of the Holy Trinity in three weeks to acknowledge in form aforesaid c. And the same day is given to the aforesaid C. here c. Essoin At the return hereof none essoin lieth because it is judiciall 9 H. 6. 22. 33 H. 6. 5. The Distress in quid juris clamat OLiver c. to the Sheriff of York greeting we command you that you distrain A. B. by all his Lands and Chattels in your Bayliwick so that neither he nor any for him do lay hand thereupon untill you shall receive further command thereof from us And that you answer us of the profits of them so that you have his body before our Justices at Westminster from the day of the holy Trinity in three weeks to acknowledge what right he claimeth in one Messuage c. with the appurtenances in B. which M. N. in our Court before our Justices at Westminster hath granted to C. D. by Fine thereof there between them made and to hear thereupon his Judgement for many defaults And have you there this Writ T. c. If at the day of the return hereof the parties appear the entry is thus Atturnment generall Heretofore even as it appeareth in the Term of the holy Trinity last past in the Roll 60. it is thus contained ss The Sheriff of E. was commanded that he should distrain A. B. by all and Et supra in brevi inde untill and to hear c. And then And now here at this day came as well the aforesaid C. D. by his Atturney aforesaid as the aforesaid A. B. in his proper person and hereupon the same E. B. prayeth hearing of the Writ aforesaid and to him it is read he prayeth also hearing of the note whereupon the Writ aforesaid issued forth and to him it is read in these words E. S. Between C. D. Plaintiff c. as the note is And then if the Tenant will atturn generally the entry further is For that they being heard and understood the same A. B. saith that he claimeth to hold the aforesaid Messuage c. for Term of his life as by the note aforesaid is supposed and that he is ready to atturn himself thereof to the aforesaid C. D. and himself to him the Court here thereupon hath atturned and recognized c. And had done fealty therefore let the Fine thereof be ingrossed Or if Atturnment be made out of the Court the Cognisee may inform the Court thereof and at his suit then this entry shall be viz. And now here at this day came the aforesaid C. D. in his proper person and saith that the aforesaid A. B. hath atturned to him thereof in his proper person and prayeth that the Fine thereof may be ingrossed at his perill therefore let the Fine therof be ingrossed at his peril c. Atturnment speciall But if the Cognisee appear and will atturn specially it may be done thus The Sheriff was commanded c. ut supra reciting the Process and the Tenant demanding and having Oyer of the Writ and note of the Fine he may plead thus viz. And hereupon the same A saith that he holdeth the Tenements aforesaid with the appurtenances for Term of his life by the demise of M. N. by his certain Deed indented the other part whereof with the Seals of the aforesaid M. N. signed the same A. here in Court produceth the Tenor of which followeth in these words This Indenture made c. reciting the whole Indenture and saving to himself all advantages and conditions written aforesaid saith That he is ready to attorn to the aforesaid C. D. of the TenemeÌ„ts aforesaid by vertue of the note aforesaid And the aforesaid C. D. acknowledging not the writing aforesaid saith that of whom the same A. B. holdeth the Tenements aforesaid with the appurtenances by the demise of the aforesaid M. N. according to the force and effect of the note aforesaid he prayeth that the same A. B. may attorn himself thereof to him c. And the aforesrid A. B. saith that saving to himself all advantages and benefit of the writing aforesaid he is ready to atturn himself thereof to the same C. D. of the Tenements aforesaid c. And afterwards the same A. B. saving to himself the advantages of the writing aforesaid himself to the aforesaid C. D. here in Court hath atturned and acknowledged c.
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 LONDON Printed by F. L. for Tho. Firby and are to be sold at his Shop near Grays-Inn Gate 1656. To the Reader Reader THis Treatise was at first intended only for Private use but having been perused by some Eminent Practizers of the Law and Commended by them to be of Publique benefit and concernment I have adventured with their advice to present it to thee in Print I hope thou wilt reap so much benefit by it as will at least deserve thy acceptance However pass favourably by what Errors thou findest and thou shalt in as great a matter oblige both the Printer and Thy Friend I. B. The Definition of a Fine IT appeareth by many Writers of the Common-law That a Fine is nothing but a friendly composition or final concord had between persons of and concerning any lands or tenements rent or other thing hereditable being in esse tempore finis acknowledged and recorded formerly by the consent and license of the King now of the Lord Protector or his Justices before a competent Judge to the end to cut off all controversies that neither of the parties litigant from it may after depart And therefore well may it be said to be fructus exitus finis legis Plo. fol. 357. If we but consider that the Law was made to no other end than to settle peace In every Fine there are two several parties the Cognisor and the Cognisee the party levying the Fine is called the Cognisor and he to whom it is levyed is called the Cognisee There are five essential parts in a Fine first the original writ taken out against the Cognisor the Kings licence formerly so called giving the parties liberty to accord for which he had a Fine called the Kings silver being accounted a part the Crowns revenue Thirdly the Concord it self which thus beginneth Et est concordia talis c. Fourthly the note of the Fine which is an abstract of the original concord and beginneth thus ss inter R. quaerentem S. E. Uxorem ejus desorcientes c. Fifthly the foot of the Fine which beginneth in this manner Haec est finalis concordia facta in curia Domini Protectoris apud Westm a die Pasche in quindecim dies anno c. so that the foot of the Fine includeth all containing the day year and place and before what Justices the Concord was made Coke v. 6. cas Teye fo 3 8 39. There are two sorts of Fines the one at Common Law the other levied and proclaimed according to the Statute 1 R. 3. cap. 7. 4 H. 7. cap. 24. 32. 14. 8. cap. 36. In the levying and proclaiming of a Fine two several Statutes are chiefly to be considered the one of them is the Statute of 1 R. 3. chap. 7. The other is the Statute of 4 H. 7. chap. 24. being in some thing afterwards explained by a Statute made in Anno 32. H. 8. chap. 36. The Proclamations are four and are to be made four several Terms as hereafter shall be expressed Concerning Fines with Proclamations 5 things are to be observed 1 The time of levying proclaiming the same 2 The place where and before whom it is to be levyed 4 What Ceremonies therein are to be observed 5 the several times are to be observed and considered First that the Fine be levyed afâ—er the Feast of Easter which was in the year of our Lord 1496. for all Fines levyed before that time are out of the compass of this Statute 4 H. 7. as it appeateth by the letter of the same Statute 2 That the Proclamation must be made in time of the Term and therefore if any of those proclamations doe happen to be made either before the beginning or after the end of any Term or on a Sunday or other festival day exempted from the Term as on the Feast day of the Purification of St. Mary the Virgin Ascention day All Saints All Soules or on the Feast day of St. Iohn Baptist if it happen on any other day than on the Friday next after Trinity Sunday and to be recorded accordingly then if it be not holpen by the Statute of 23. Eliz. cap. 3. all the Proclamations are reversable by a Writ of error or by plea as it appeareth in Finches case Plow com 266 267. and then the Fine will be of no other nature and force than a Fine without proclamations And albeit the Proclamations were all made within the Terms according to the form of the Statute yet if the record or records do purport the contrary they are reversable by error or avoidable by plea if it be not holpen by the said Statute for a record is of that credit in law that no averment may be admitted to the contrary A Fine doth for ever conclude and bar as well privies as strangers to the same except such strangers as are women covert other than be parties to the Fine and every other person being within age viz. the age of 21 years in Prison or out of this Realm or not of whole mind at the time of such Fine levied But this exception is conditional viz. that they or their heirs inheritable to the same lands c. do take their action or lawfull entry according to their right and title they have to the Tenements therein contained at time of the ingrossing thereof within 5 years next after they be of full age of 21 years out of prison uncovert within this Realm and of whole mind Now let us see who are privies and who are strangers to a Fine according to the Statute there are three privities only 1 privity in blood only 2 privity in Estate only 3 privity in blood and estate There are three kinds of privities 1 in blood tantum 1 one when a man is heir to his late Ancestor and yet hath nothing by discent from him As for example if a father seised of lands in Fee doth thereof infeoffe a stranger and his heirs or if he by his last Will and Test in writing did dispose the same being holden in soccage to another in Fee and hath issue and dyeth in this case such issue is privy in blood having nothing by discent 2 Another kind of privity in blood is when something is descended unto him as heir unto his Ancestor and yet he claimeth the same by some other right and not as heir to such an Ancestor As for example if there be a Father and Son and the Son purchaseth lands of a stranger in Fee and is there of disseised by his Father who dyeth thereof seised the same descend to his Son aâ— heir in this case
else there is nothing to be paid you must go to the Receiver in the same Office and pay the Fine so assessed which is the Kings silver for the Kings Licence which Licence the Clerk of the Kings silver entereth when the money is paid the Receiver will set his hand to the back of the Writ then you must give it to the Doctor to sign who hath 4d for his hand then get the hands of the two Commissioners to the back of the Writ which done you must carry it to the 3 Clerks sitting to be endorsed and entred This being done you bring back your Writ to the Cursitor and he will get it sealed and then you pay him for his fee 2 s. 6 d. then having broken it open you are to return it as followeth Towards the upper end of the Writ thus John Doo pledges of pro secuting Richard Roo Towards the middle of the Writ thus John Den Richard Fen. This is now by a late erected Office done by an Officer who takes for the doing of it and entring of it 1 s. 6 d. Note you are to file a Warrant of Atturney with the Clerk of the Warrants where your Writ of Covenant must be signed which Warrant is as followeth the Shire in the margent G. W. puts in his place T. L. to prosecute a Writ of Covenant against T. H. of lands and Tenements in A. and C. That done file your Writ of Covenant and your Concord which you had from the Lords Clerk together and carry them to the Custos brevium to the Clerk that dealeth for that Shire and leave them with him to enter in his book and to endorse the Writ when he hath done fetch them from him and pay him for the same 3 s. 8 d. Then carry them to the Kings silver Office to enter the Kings silver which is the Fine for the value which you paid to the Receiver in the alienation Office The form of which entry you may see hereafter set down together with more clear examples of proceedings in the acknowledging of Fines than I have here briefly written for which you pay him 6 d. which done you deliver it to the Secondary in the Chirographers Office who takes it forth in his book and hath for his fee 5 s. 8 d. if it be in the Term if it be out of Term you pay him twelve pence more for allowing the Proclamation in the same Term. That done you must in the same Office deliver it to the Clerk of the Office who is appointed to write for that Shire wherein the land lies to ingrosse he hath for ingrossing it 2 s. 6 d. if small but if great 3 s. 6 d. or more in case it be exemplified When your Fines are ingrossed which are by way of Indentures get one part from him and deliver it your Clyent to keep The Charges of the Fine aforesaid  l. s. d. IMprimis for drawing the Concord 0 3 4 For the Lord Chief Justices fee for acknowledgement 0 9 8 To his Clerk for ingrossing the Concord 0 1 6 For the Writ of Covenant 0 2 6 For the return 0 2 0 For the Post diem thereof 0 0 4 For the Fine 0 0 0 To the Receiver for making the Writ of Covenant 0 0 6 For the entry and endorsment 0 1 6 For the Doctors hand 0 0 4 For the Warrant of Atturney and filing it 0 0 8 To the Custos brevium 0 3 8 To the Clerk of the Kings silver 0 1 4 To the Chirographer 0 6 8 For ingrossing the Fine 0 3 0 For the Attorneys fee. 0 6 8 Observations at the knowledging of a Fine out of Court by a special Dedimus potestatem IF the Fine be knowledged out of Court the day and place of the taking of the Fine is by 23 Eliz. cap. 3. to be entred thus taken and knowledged at S. the 10th day of May c. for otherwise the Clerk or Officer receiving the same loseth 5 l. for every offence Also at the knowledging of every Fine if the Justice or Commissioners that take the Cognisance thereof do not know the Cognisors it is requisite that some other credible person to him known who knoweth the Cognisors be present and inform such Justice or Commissioners that they be the self same persons against whom the Writ is brought 34 H. 6. f. 19. Lands bought of divers persons or by divers persons may passe in one Fine if the Writ of Covenāt be brought against all the vendors by all the vendees But then the clause of Waranty in the Concord thereof should be several against every vendor by himself and his heirs For it were very absutd that one man should warrant against all men land sold by others In regard of the Cognisors debility of body or remotenesse from London or Westminster or other occasion you are to sue out a dedimus potestatem reciting that the Writ of Covenant is depending and bearing Test after the Writ of Covenant directed to some Justice or to a Serjeant at Law or a Lord or Knight or two and some other expert man to take the same Cognisance in the Country and to return and certifie the same to the Justices of the Common place with the dedimus potestatem and Cognisance If they certifie not a Certiorari is to be awarded to them comprehending all the matter of the said Writ and commanding them to certifie c. which if they do not there lieth against them Alias plur Attach If any Justice or Serjeant take the knowledge of a Fine of lands nor lying within his Circuit the Writ of Dedimus potestatem thereof is used to be signed by a Justice of the Circuit where the land lieth Dier f. 220. p. 15. And every special Writ of Dedimus potestatem to special Commissioners must be signed either by the Commissioners or by the Chief Justice of the Common pleas of some of the Justices of Assizes in the Circuit of the Country where the land lyeth which is to passe thereby But Justices of the Assizes by virtue of their patents may take the knowledge of Fines in their Circuits before any Dedimus potestatem be sued out Dier f. 224. pla 31. yet must a Dedimus potestatem be sued out upon the note directed to them before they can certifie the same Also Fines have been levied before Justices in Eire li. in t scire fac in Aide 2. But a Justice cannot take the knowledge of a Fine to himself that is where he himself is Cognisee 8 H. 6. f. 21. Now the Order to sue forth a Fine to be acknowledged before Commissioners in the Country by special Dedimus potestatem is this First you must draw your praecipe in a sheet of paper as a note for the Cursitor to draw the Dedimus by then ingrosse your praecipe and Concord in a piece of parchment and go with it to the Cursitor of the Shire where your land lies and upon your praecipe
aforesaid T. Y. Archbishosh of York and G. L. and the heirs of him the said T. Y. Arch-bishop against all men for ever And for this c. A Concord from two to two with special Warranty ANd the Concord is such that the aforesaid A. and B. have recognised the aforesaid Mannors Mills Dovehouses Tenements Common of Pasture with the appurtenances to be the right of him the said C. as those that the same C. and D. have by the gift of them the said A. and B. and those they have remised and quite claimed from themselves and the heirs of him the said A. to the aforesaid C. and D. and the heirs of him the said C. for ever And furthermore the same A. hath granted for himself and his heirs that he will warrant to the aforesaid C. and D. and the heirs of him the said C. the aforesaid Mannors Mills Dovehouses Tenements Rents Common of Pasture with the appurtenances against themselves and their heirs for ever And furthermore the same B. hath granted for himself and his heirs c. as above A Fine upon recognisance of right as that which he hath of his right with release and warranty by Husband and Wife to a third person with a general Warranty Devon ss COmmand I. H. and V. his Wife that justly c. they hold to R. P. Gent. the Covenant of the Mannor of B. with the appurtenances and of 20 Messuages 3 Tofts 6 Cottages 4 Barns one Water-mill one Wind-mill one Fulling-mill one Dove-house 20 Gardens 10 Orchards 100 acres of Land 100 acres of Meadow 1000 acres of Pasture 10 acres of Wood 20 acres of Willows 100 acres of Furres and Heath 20 acres of Moor 20 acres of Turbarie 30 acres of Mosses 6 acres of Rushes 20 acres of fresh Marish and 30 acres of salt Marish 2 acres of Alders 10 Marks rent with the appurtenances in B. C. and D. Also of free fishings in the waters of B. C. and D. and of severall fishing in the water of S. also of the advowson of the Church of B. by turns when it shall happen And unlesse c. And the Concord is such to wit that the aforesaid I. V. have recognised the mannors and tenements rents and free fishing aforesaid with the apurtenances and the advowson aforesaid to be the right of him the said R. as those which the same R. hath by the gift of the aforesaid I. and V. and those they have remised and quite claimed from them the said I. and V. the heirs of him the said I. to the aforesaid R. and his heirs for ever and moreover the said I. and V. have granted for themselves and the heirs of him the said I. that they will warrant to the aforesaid R. and his heirs and assigns the aforesaid mannors tenements rents and free-fishings with the apputtenances and the advowson aforesaid against all men for ever And for this recognizance remise quite claim warranty fine and concord the same R. hath given to the aforesaid I. and V. forty pounds A Concord of many things together sur cognisance de droit come ceo c. THis is the finall c. in the year c. before c. Justices and other faithfull men then there present between I. A. Plantiff and M. B. Deforcient of the honour of D. the Castle of the Shriefdome of S. with the hundred the members and their appurtenances the Isle of D. the Barony of D. the hundred of D. the borough of D. one Knights-fee in D. the Scite Circuit and precinct late of the Monasterie of D. the mannor of D. with the appurtenances the Scite of the mannor of D. the Grange of D. the Park of D. the preâ—end of D. one capitall Messuage 2 Messuages 2 Tofts 2 Cottages 1 Dove-house 1 Fulling Mill 1 Water-Mill 1 Wind-Mill 1 Malt-Mill 1 Corn-Mill 1 Barn 1 Garden 1 Orchard 10 acres of Land 10 acres of Meadow 20 acres of Pasture 4 acres of Wood 40 acres of Furres and Heath 30 acres of moor 50 acres of Salt-marish 9 acres of Fresh marish 30 acres of Turbary 9 acres Rushes 9 acres of Willows 9 acres of Mosses 4 acres of land covered with water Common of Pasture for all or all kind of Beasts for 100 sheep 10 Horses Cows Hogs Geldings c. free warren free fishing liberty of foldage freefold for a Cart with salt peter lead a pit of Salt water twenty pounds ten marks ten shillings one penny one half penny farthing rent And the rent of one pair of Gloves one pair of gilded Spurs a barbed arrow one pair of Shoes 1 Coulter of a plow-sheer one pound of wax one pound of pepper one pound of Cummin one clove gilly flower one basket of madder one needle and thred one quarter of Corn one quarter of Barley one pair of Capons forty Cocks twenty Hens a thousand of Sheep and 100 Geese with the appurtenances in D. And of the common of pasture which the aforesaid M. B. hath and was wont to have for all his beasts in a hundred acres of pasture of the said I. A. in D. And of all and all manner of oblations tenths of Grain Sheafs Hay Wool Flax Hemp Swine Geese of the fields c. and other emoluments whatsoever belonging appertaining growing or being within the said appurtenances in D. And Thanage Stallage Picage Pontage within the borough of D. of a certain corodie for ones bread one flagon of beer for all men in D. And of a water pit and a water-course running from a place called H. beneath and through the lands called K. unto the Mill called S. A wear or floudgate in D. and of the view of Frank pledge the liberty and Franchises in D. also of the custody or office of the Custody of B. of the keeping of the Park and Forrest of D. and of the ofice of a Steward in D. of the Bayliwick or office of a Bayliffe in D. Also of the Fairs of D. every year at the feasts of N. M. there to be kept the Markets of D. quiet or free passage over the water D. the rectory of D. the advowson presentation donation free disposition and right of patronage of the Church of D. a certain portion of tenths and pensions in D. Also of the moiety of the mannor of D. with the appurtenances and of the third part of the tenement of C. in three parts divided except and always reserved the patronage together with the Advowson of the Vicaridge of the Church of D. and the Chapel to the same Rectory annexed and all tithes of Grain view of Frank-pledge and all things which to the view of Frank-pledge belong Wards Marriages Escheats Cattles of Felons waived extrahur Felons Fugitives Outlawes attainted with the Lands and Tenements of Outlawes and Waives whatsoever estraies Markets wreck of the sea and all and so many rights jurisdictions privileges franchises and free-holds aforesaid or any of them concerning and to the said M. B. and his heirs as of
shall remain after to the right heirs of the said T. and F. for ever to hold c. And furthermore the same E. and R. have granted to the aforesaid T. and F. ten Messuages c. with the appurtenances in B. and C. aforesaid being the residue of the aforesaid Mannor Tenements and Rent aforesaid And those to them they have rendred in the same Court c. A Fine of homage rent and services Salop. ss COmmand E. T. Esquire that he hold to N. P. Covenant of one acre of land and fifteen shillngs rent with the appurtenances in G. and F. Andunlesse c. And the Concord is such to wit that the aforesaid E. T. hath recognised the aforesaid acres of land with the appurtenances to be the right of him the said N. as that which the said N. hath by the gift of the aforesaid E. And that he hath remised and quite claimed from himself and his heirs to the aforesaid N. and his heirs for ever And the aforesaid E. hath granted to the aforesaid N. the aforesaid rent together with homage and all service of the said J. H. and his heirs for so many tenements as the aforesaid E. first held in F. aforesaid to have perceive and enjoy the aforesaid rent together with the homage and all the service to the aforesaid N. and his heirs for ever And the aforesaid E. and his heirs will warrant to the aforesaid N. and his heirs the aforesaid acre of land and the rent aforesaid with the appurtenances together with the homage and all the service aforesaid soe as it is said against all men for ever And for this c A Fine of a Mannor and Knights fees and services by the Husband and Wife and others BBtween H. W. and J. B. plaintiffs and T. M. Knight and T. son of the same T. and E. wife of the same T. the Son and W. M. Deforcients of the Mannor of T. with the appurtenances whereof plea of Covenant was summoned between them in the same Court to wit that the aforesaid T. T. E. and W. have recognised the aforesaid Mannor with the appurtenances to be the right of him the said H. as that which the same H. and I. have by the gift of the aforesaid T. T. E. and W. together with seven Knights Fees in the same Mannor And have granted to the aforesaid H. and I. the aforesaid Mannor and Fees with the appurtenances together with the homages and all services of M. W. and I. N. and their heirs of so many Tenements as of the aforesaid T. T. E. and W. first they held in the same Mannor and those to them they have rendred in the said Court. To have and to hold to the same H. and I. and the heirs of the said H. of the chief Lords of that fee by the services which to the aforesaid Mannor and Fees pertain for ever And moreover the same T. T. E. and W. have granted for themselves and the heirs of him the said E. that they will warrant to the aforesaid H. and I. and the heirs of him the said H. the aforesaid Mannor and Fees with the appurtenances as aforesaid against all men for ever And for this Recognisance Grant Warranty Fine and Concord the said H. and I. have given to the aforesaid T. T. E. and W. twenty pounds sterling An old Fine in Frank almonie before Justices in Eyre in Anno 55. of King Henry the third THis is the final Concord made in the Court of the Soveraign Lord the King at Lincoln in 8 days of St. Michael In the year of the raign of Henry Son of King John the 55. before R. A. G. P. W. W. W. H. and I. O. Justices Itinerate and others of the Soveraign Lord the Kings faithfull Subjects then there present between J. D. plaintiff and the Prior of C. Deforcient of the Advowson of the Church of D. with the appurtenances whereof plea of Covenant was summoned between them in the same Court to wit that the aforesaid I. hath recognised the aforesaid Advowson with the appurtenances to be the right of him the said Prior and of his Church of S. Mary of C. as that which the said Prior and his Church have by the gift of W. Son of W. ancestor of the said I. whose heir he is To have and to hold to the said Prior and his successors and his Church aforesaid of the aforesaid I. and his heirs in pure and perpetual free almes free and quit from all secular service and execution for ever and the aforesaid I. and his heirs will warrant acquit and defend the same Prior and his successors and his Church the aforesaid advowson with the appurtenances c. And for this c. the same Prior hath remitted to the aforesaid I. all the benefits and prayers which hereafter shall be made in his Church aforesaid for ever A Concord of lands in the County Palatine of Lancaster Lancaster THis is the final Concord made in the Court of the Lord Protector at L. the 15 day of June in the year of our Lord 1654. before I. C. third Baron of the Exchequer of the Lord Protector and F. R. one of the Serjeants of the Lord Protector at Law Justices of the Lord Protector at L. and other faithfull men of the Lord Protector then there present between H. T. and R. H. plaintiffs and W. C. Gent. Deforcient of one Messuage c. with the appurtenances in T. whereof plea of Covenant was summoned between them in the same Court to wit that aforesaid W. hath recognised c. A Lease for years reserving a rent Ebor. ss COmmand F. T. and M. his Wife that justly c. they hold to I. H. and K. his Wife Covenant c. And the Concord is such to wit that the aforesaid E. and M. have granted the Tenements aforesaid with the appurtenances to have and to hold to the said I. and K. from the Feast c. which shall be in the year c. to be compleat if the aforesaid M. shall so long live yeelding therefore at the Feasts c. by equal portions to be paid during all the Term aforesaid c. And if it happen c. Quaere whether this be a good lease at this day against issue in tail A Lease for years rendring rent Ebor. ss COmmand T. P. Esq and W. Gent. that justly c. they hold to I. W. and E. M Covenant c. of one messuage c. with the appurtenances in H. and B. and of a free fishing in the water of B. and unlesse c. And the Concord is such to wit that the aforesaid T. and W. have recognised the tenement and free fishing aforesaid with the appurtenances to be the right of him the said I. as that which the said I. and E. have by the gift of the aforesaid T. and W. and that they have remised and quite claimed from themselves and their heirs to the aforesaid I.
Conusors by the same Fine grant and render the same Mannors c. unto the Conusor and his heirs males and for default of such heirs males then to certain persons for the life of I. S. brother unto the said Conusor and after his death to his heirs males And if the said I. S. died without heir male then to divers others of the name and kindred of the Conusor and to their heirs males and for default of such heirs the last remainder in fee to the right heirs of the Conusor for ever THis is the final concord made in the Court of c. at Chester Wednesday c. In the year c. before M. H. Knight Justice c. between W. F. and R. C. Plaintiffs and H. S. of O. in the County of Chester Esq of the Mannor of O. O. with the appurtenances and of 14 Messuages 500 acres of Land 200 acres of Meadow 500 acres of pasture 60 acres of wood 100 acres of Moor and Marish and 2 shillings rent with the appurtenances in O. O. in C. and W. and of the moyety of the Mannor of E. with the appurtenances and of 6 Messuages 100 acres of Land 100 acres of Meadow 20 acres of Pasture 2 acres of Wood 20 acres of Furrs and Heath with the appurtenances in E. whereof plea of Covenant was summoned between them in the said Court to wit that the aforesaid H. hath recognized the Mannor Tenements and rent aforesaid with the appurtenances and his aforesaid moyety of the Mannor of E. and the aforesaid Tenements in E. aforesaid with the appurtenances to be the right of him the said W. as those which the said W. and R. C. have by the gift of the aforesaid R. And those they have remised and quite claimed from him the said H. and his heirs to the aforesaid W. and R. and the heirs of him the said W. for ever And furthermore the said H. hath granted for himself and his heirs that he Warranty and his heirs will warrant the Mannors Tenements and Rent aforesaid and the aforesaid moyety of the said Mannor of E. and the aforesaid tenements in E. aforesaid with the appurtenances to the aforesaid W. and R. and the heirs of him the said W. against all men for ever And for this recognizance remise The render quite claim warranty fine and Concord the aforesaid W. and R. in the said Court have granted to the aforesaid H. M. the Mannors Tenements and rent aforesaid and the aforesaid moyety of the aforesaid Mannor of E. and the aforesaid Tenements in E. aforesaid with th' appurtenances and those to them they have rendred in the said Court. To have to remainders in tail the said H. and the Heirs males of his body lawfully begotten And if it happen the aforesaid H. to die without heir male of his body The remainders after the death of I. S. the Conusors brother to the heirs male of the said I. S. lawfully begotten That then the aforesaid Mannors Tenements and rent and the aforesaid moyety of the aforesaid Mannor of E. and the aforesaid Tenements in E. with the appurtenances after the death of the aforesaid H. S. to R. S. son and heir apparent of T. S. Esq to R. S. son of E. S. to R. B. and E. B. for term of the life of I. S. brother of the aforesaid H. may remain so that the Mannors Tenements and rent aforesaid and the aforesaid moyety of the aforesaid Mannor of E. and the aforesaid Tenements in E. with the appurtenances after the death of the aforesaid I. S. to the heirs males of the body of the aforesaid I. lawfully begotten may remain And if it happen the The other remainders if the said I. S. die without heir male said I. S. to die without heir male of his body lawfully begotten that then the Mannors Tenements and rent aforesaid and the aforesaid moyety of the aforesaid Mannor of E. and the aforesaid Tenements in E. aforesaid with the appurtenances to T. S. of S. Esq and the heirs males of his body lawfully begotten may remain And if it happen the aforesaid T. S. to die without heir male of his body lawfully begotten That then the aforesaid Mannors Tenements and rent and the aforesaid moyety of the said Mannor of E. and The last remainder in fee to the right heirs of the Conusor for ever the aforesaid Tenements in E. aforesaid with the appurtenances to T. S. son of I. S. and the heirs males of the body of the said T. S. son of the aforesaid G. lawfully begotten may remain c. And if it happen the said G. to die without heir male of his body lawfully begotten that then the Mannors Tenements and Rent aforesaid and the aforesaid moyety of the said Mannor of E. and the Tenements aforesaid in E. aforesaid with the appurtenances to the right heirs of the aforesaid H. S. may remain for ever A Fine knowledged before the Justices of Chester by B. P. and E. his Wife of a Mannor c. one Water-mill one Dove-house one Garden two Orchards c. with warranty COmmand B. P. and E. his Wife that justly c. they hold to I. S. Esq the Covenant between them made of the Manor of O. alias O. and of one Wind-mill one Dove-house one Garden two Orchards 100 acres of land 60 acres of meadow 200 acres of pasture 40 acres of wood 100 acres of heath 300 acres of Moor 100 acres of Turbary 50 acres of Marish 30 acres of Land covered with water with the appurtenancs in O. And unlesse c. And the Concord is such to wit that the aforesaid B. and E. have recognised the Mannor and Tenements aforesaid with the appurtenances to be the right of him the said I. And those they have remised and quite claimed from themselves and their heirs to the aforesaid I. and his heirs for ever And furthermore the aforesaid B. and E. have granted for themselves and the heirs of the said B. that they will warrant the Mannors and Tenements warranty aforesaid with the appurtenances to the aforesaid I. and his heirs against the aforesaid B. and E. and the heirs of him the said B. for ever And for this c. A Fine knowledged by an Earl and his wife of a Mannor advowson liberties free warrâ—n and free fishing and a sould course for 2000 Sheep COmmand Thomas Earl of Sussex Fran. his Wife that justly c. they hold to Will. Curson Esquire the Covenant between them made of the Mannor of B. with the appurtenances and of 80 Messuages 80 Cottages 10 Tofts 100 Gardens 60 Orchards 400 acres of Land 60 acres of Meadow 200 acres of Pasture 20 acres of Wood 40 acres of Furies and Heath 200 acres of Moor 100 acres of Willows 20 s. rent with the appurtenances in Billingsod otherwise Billingforth Bilowe otherwise Bylingh c. Also of the advowson of the Church of Bilingford and of the liberty of fold
B. And the Concord is such to wit that the aforesaid O. and A. have recognised the Tenements aforesaid with the appurtenances to be the right of the said W. as those which the said W. and N. have by the gift of the aforesaid O. and A. And those they have remised and quite claimed from them the said O. and A. and the heirs of the said A. to the aforesaid W. and N. and the heirs of the said W. for ever And furthermore the said O. and A. have granted for themselves and the heirs of the said A. that they will warrant to the aforesaid W. and N. and the heirs of the said W. the aforesaid tenements with the appurtenances against the aforesaid O. A. the heirs of the said A. for ever And for this c. A Fine knowledged by two Husbands and their Wives of two Messuages and two Gardens with several warranties COmmand G. F. and R. his Wife A. I. and K. his Wife that they hold to G. T. the Covenant c. of two Messuages two Gardens with the appurtenances in K c. And unlesse c. And the Concord is such to wiâ— that the aforesaid G. and R. and A. and K. have recognised the tenements aforesaid with the appurtenances to be the right of the said G. as those which the said I. hath by the gift of the aforesaid G. and R. and A. K. those they have remised and quite claimed from them the said G. and R. and A. and K. and the heirs of the said R and K. to the aforesaid G. and his heirs for ever And furthermore the said G and R. have granted for themselves and the heirs of the said R. that they will warrant to the aforesaid G. and his heirs the aforesaid Warranty Tenements with the appurtenances against the aforesaid G. and R. and the heirs of the said R. And moreover the said A. K. have granted for themselves and the heirs of the said K. that they will warrant to the aforesaid G. and his heirs the aforesaid Tenements with the appurtenances against the aforesaid A. and K. and the heirs of the said K. for ever And for this c. Note That Dyer that was Chief Justice saith That if the women had been sisters that then there needed not double waranty in form aforesaid but single warranty is good asserts A Fine knowledged by the Husband and his Wife to a man and his wife of one Messuage one Garden one Orchard one Barn one Stable one Wharf c. with warranty COmmand R. I. and H. his wife that justly c. they hold to A. I. and K. his wife the Covenant c. of one Messuage one Garden one Orchard one Barn one Stable one Wharf and one acre of Wood with the appurtenances in K. upon K. And unlesse c. warranty And the Concord is such to wit that the aforesaid R. and H. have recognised the Tenements aforesaid with the appurtenances to be the right of the said K. as those which the said A. and K. have by the gift of the aforesaid R. and H. And those they have remised and quite claimed for them the said R. and H. and their heirs to the aforesaid A. K. and the heirs of the said K. for ever And furthermore the said R. and H. have granted for themselves and the heirs of the said H. that they will warrant to the aforesaid A. K. the heirs of the said K. the aforesaid Tenem with the appurtenances against the aforesaid R. and H. and the heirs of the said H. for ever And for this c. A Fine knowledged by an Earl and his Wife to W. C. of a rent of 40 pounds going out of divers Mannors with warranty COmmand F. Earl of H. and Dame K. his wife Countesse of H. that justly and without delay they hold to W. C. Esq the Covenant c. of 40 l. rent going out of the Mannors of B. S. c. And unlesse c. And the Concord is such to wit that the aforesaid Earl and Countesse have recognised the Rent aforesaid with the appurtenances to be the right of him the said W. as those which the said W. hath by the gift of the aforesaid Earl and Countesse And those they have remised and quite claimed from themselves and their Heirs to the aforesaid W. and his Heirs for ever And moreover the said Earl and Countesse do grant for themselves and the Heires of him the said warranty Earl that they will warrant the Rent aforesaid with the appurtenances to the aforesaid H. and his Heirs against all men for ever And for this c. A Fine knowledged by the Husband and the Wife and one R. D. to R. B. of one Mannor c. one Messuage called M c. with warranty who grant and render the same again to R. D. one of the Conusors for term of 21 years to begin at a time to come reserving a Rent and afterwards the Conusees grant the reversion of the said Mannor c. and the reversion to one of the Conusors and his wife and to the heirs of the Husband to hold of the chief Lords of the Fee COmmand I. F. and B. his Wife and R. D. that justly c. they hold to R. B. the Covenant c. of the Mannor of C. and I. with the appurtenances and of two Messuages called B. 20 Messuages 40. acres of Land 100 acres of Meadow 500 acres of Pasture 200 acres of Wood and 40 acres of Furrs and Heath with the appurtenances in W. F. And unlesse c. And the Concord is such to wit that the aforesaid I. B. and R. have recognised the aforesaid Mannors and Tenements with the appurtenances to be the right of him the said R. B. as those which the said R. hath by the gift of the aforesaid I. and B. and R. and those they have remised and quite claimed from themselves and their Heirs to the aforesaid R. and his Heirs for ever And furthermore the said I. and B. have granted for themselves and the Heirs of him the said I. warranty that they will warrant to the aforesaid R. and his Heirs the aforesaid Mannors and Tenements with the appurtenances against all men for ever And for this c. the same R. hath granted to the aforesaid R. the aforesaid Mannors and Tenements with the appurtenances and those to him he hath rendred c. To have and to hold to the aforesaid R. from the Feast of St. Michael the Arch-angel The Term the beginning thereof which shall be in the year of our Lord 1650. until the end of the Term of 21 years from thence next following and fully to be compleat Yielding therefore yearly to the aforesaid R. and his Heirs one yearly Rent of Rent 27 l. and 6 s. of lawfull money of England at the Feast of Saint Michael the Arch-angel and of the Annunciation of the blessed Virgin Mary
pasture 60 acres of wood 100 acres of Furres and Heath with the appurtenances in N. B. C. D. c. And unlesse c. And the Concord is such to wit that the aforesaid I. P. and E. have recognised the aforesaid Tenements and moyety with the appurtenances to be the right of him the said I. L. as those which the same I. L. hath by the gift of the aforesaid I. P. and E. and those they have remised and quite claimed from themselves and their heirs to the aforesaid I. L. and his heirs for ever And furthermore the same I. P. and E. have granted for themselves and the heirs of her the said E. that they will warrant to the aforesaid I. L. and his heirs the aforesaid Tenements and moyety with the appurtenances against all men for ever And for this c. The order of taking the knowledge of a Fine by a Dedimus Potestatem directed to divers but the knowledge taken only by two of the Commissioners and the certifying thereof by the Commissioners that took the knowledge AFter the Fine is acknowledged the Commissioners must write under the Concord of the said Fine as followeth Taken and knowledged this day c. in the year c. before A. B. Esquire and C. D. by virtue of the writ of the Lord Protector of Dedimus potestatem to us and others directed Commissioners A. B. C. D. Then write upon the back of the Dedimus Potestatem The Answer of A. B. Esq C. D. Gent. two of the Commissioners within named The execution of this Commission appeareth in a certain Schedule to this Commission annexed Then must the Commissioners subscribe their names A Fine knowledged by W. D. and I. D. to I. R. and I. D. of one Messuage and one Cottage in Ipswich with warrantie against all men In consideration whereof the Conusees do grant and render the premises to the said I. D. one of the Conusers for the term of 7 days next following and afterwards the same premises wholly to remain to one M. G. for her life and after her death the premises wholly to remain to the said W. D. oneof the said Conusors and his heirs for ever COmmand W. D. and I. D. that justly c. they hold to I. R. Gent. and I. D. the Covenant of one Messuage and one Cottage with the appurtenances in I. And unlesse c. warranty And the Concord is such to wit that the aforesaid W. D. and I. D. have recognised the tenements aforesaid with the appurtenances to be the right of him the said I. as those which the same I. and I. D. have by the gift of the aforesaid W. D. and I. D. And those they have remised and quite claimed from themselves and rheir heirs to the aforesaid I. I. and the heirs of him the said I. for ever And furthermore the same W. and I. have granted for themselves and the heirs of him the said I. D. that they will warrant to the aforesaid I. and I. and the heirs of him the said I. the tenements aforesaid with the appurtenances against all men for ever And for this recognisance c. the same I. and I. have granted the tenements aforesaid with the appurtenances to the aforesaid I. D. And The render those to him they have rendred in the same Court. To have and to hold to the said I. D. for term of 7 days from hence next following And after that Term ended the aforesaid Tenements with the appurtenances shall wholly remain to one M. G. To have and to hold to the said M. to hold of the chief c. during the life of the said M. and after the decease of the said M. the aforesaid Tenements with the appurtenances shall wholly remain to the aforesaid W. D. and their heirs for ever to hold of the chief c. A Fine acknowledged by the Husband and his Wife to H. S. Esquire of of 2 Messuages c. with warranty against all men THis is the final Concord made in the Court c. at c. the day in the A Fine sur cognisance de droit year c between H. S. Plaintiff and W. G. and S. his wife Deforcients of 2 Messuages 2 Witch-houses otherwise Salt-houses 2 Shops 2 Chambers one Stable 10 acres of land 4 acres of Meadow and 6 acres of Pasture with the appurtenances in c. whereof plea of Covenant was summoned between them in the same Court to wit that the aforesaid W. and E. his Wife have recognised the tenements aforesaid with the appurcenances to be the right of the aforesaid H. S. as those which the same H. S. hath by the gift of the aforesaid W. E. And those they have remised and quite-claimed from themselves and their heirs to the aforesaid H. and his heirs for ever And moreover the aforesaid W. and E. have granted for themselves and the heirs of him the said W. that they and the heirs of the aforesaid W. the tenements aforesaid with the appurtenances to the aforesaid H. and his heirs will warrant for ever And for this c. A Fine acknowledged before the Justices of the Common pleas at Westminster c. with warranty against all men warranty THis is the final Concord in the Court of the Lord Protector at VVestminster in 8 days of St. Martin In the year c. before E. M. W. S. H. B. and I. H. Justices and other faithfull c. then there present between R. B. Esquire and J. L. Gent. and R. L. Gent. Plaintiffs and H. D. Deforcient of 2 Messuages one toft 80 acres of land 20 acres of Meadow 40 acres of Pasture and 3 acres of Wood with the appurtenances in H. and W. whereof plea of Covenant was summoned between them in the same Court to wit that the aforesaid H. hath recognised the aforesaid tenem with the appurt to be the right of him the said R. B. as those which the same R. J. and R. have by the gift of the aforesaid H. and those he hath remised and quit claimed from himself and his heirs to the aforesaid R. J. and R. and the heirs of him the said R. for ever And furthermore the same H. hath granted for himself and his heirs that he will warrant to I. R. and the heirs of him the said R. the aforesaid Tenements with the appurtenances against all men for ever And for this remise quit claim warranty fine and Concord the same R. I. and R. have given to the aforesaid H. 38 l. sterling A Fine acknowledged by R. H. of P. to R. B. of the Mnnnor of I. with warranty against the Conusor and his heirs COmmand R H. of P. Esquire that justly c. he hold to R. B. R. H. c. the Covenant between them made of the Mannor of J. otherwise J. with the appurtenances and of 20 Messuages 500 acres of land 100 acres of Meadow 500 acres of Pasture 100 acres of wood 100 acres of
c. with the appurtenances as aforesaid against the aforesaid A. and M. during the life of her the said M. And for this c. A Fine knowledged by J. C. and T. his Wife of 2 Messuages 1 Barn c. to one H. P. with warranty and the said H. P in consideration of the said Fine granteth and rendreth again by the same Fine the premisses to the Conusors for one day and afterwards to I. P. widdow for her life and after her death the premisses wholly to remain to H. P. and his heirs for ever COmmand I. C. and T. his wife that justly c. they hold to H. the Covenant c. of two Messuages one Barn c. And unlesse c. warranty And the Concord is such to wit that the aforesaid I. and T. have recognised the Tenements aforesaid with the appurtenances to be the right of him the said H. as those which the same H. hath by the gift of the aforesaid I. and T. And those they have remised and quite claimed from themselves and their heirs to the aforesaid H. and his heirs for ever And furthermore the aforesaid I. and T. have granted for themselves and the heirs of him the said I. that they will warrant the tenements aforesaid with the appurtenances to the aforesaid H. and his heirs against all men for ever And for this recognisance c. the aforesaid H. hath granted the tenements aforesaid with the appurtenances The Render to the aforesaid I. and T. And those to them he hath rendred in the same Court. To have and to hold to the same I. and T. for term of one day so that after the said Term ended the tenements aforesaid with the appurtenances shall wholly remain to I. P. widdow for term of the life of the same I. And after the death of the aforesaid I. the Messuages and Barn aforesaid c. shall wholly remain to H. P. and his Heirs for ever To hold of the chief Lords of that Fee c. and 5 acres of land and one acre of meadow with the appurtenances being residue of the tenements aforesaid shall wholly remain to A. B. and his heirs for ever To hold c. The taking of the knowledge of the Fine TAken and recognised before James D. Knight chief Justice of the Common bench in the year c. Notes to be observed in Fines 1. Note that there be some more things passe in the Praecipe which are not named in the Concord 2. Note that a Cause of re-entry may not be in a Fine 3. Note that if a man purchase divers parcels of Land of divers men he shall have all the parcels passe in one common fine but he must have severall warranties of every one of the parties for their several parcels 4. Note that Catlin Chief Justice of the Upper Bench said that South nosme de bois haut bois et Subbois passera en un fine 5. Note that by Dyer a render cannot be made but only to him that is named in the Fine but a remainder may be limited to one by a Fine though he be not named in the Praecipe A Fine knowledged by the Husband and wife unto two of 30 Messuages c. the Cognisees render the same again to the said Conusors for term of their two lives with divers remainders over after their deaths in general tail to the Children of the said Conusors and for default of issue of the said Conusors to the right heirs of the wife of the Conusor for ever THis is the final Concord made in the Court of c. such a return tali Anno before R. B. A. F. T. E. and W. S. Justices And afterwards in 8 dayes of the Holy Trinity in the year c. there granted and recorded before the same Justices and other of the faithfull of the Commonwealth of England then there present Between W. H. and I. R. Plaintiffs and I. C. and T. his wife Deforcients of 30 Messuages 200 acres of Land 300 acres of Pasture 10 acres of Wood 200 acres of ling and heath and 30 s. rent with the appurtenances in P. F. c. whereof plea of Covenant was summoned between them in the same Court to wit that the aforesaid I. C. and T. have recognized the aforesaid Tenements with the appurtenances to be the right of him the said I. R. as those which the same I. and W. have by the gift of the aforesaid I. C. and T. And those they have remised and quite claimed from them the said I. C. and T. and the heires of him the said T. to the aforesaid W. and I. R. for ever And furthermore the said I. C. and T. General warranty have granted for themselves and the heirs of him the said T. that they will warrant to the aforesaid W. and I. R. and the heirs of him said I R. the aforesaid Tenements with the appurtenances against all men for ever And for this recognisance remise quite claim warranty fine and Concord the same W. and I. R. have granted to the aforesaid I. C. and T. the aforesaid Tenements with the appurtenances And those to them they have rendered The render in the same Court. To have and to hold to the same I. C. T. of the chief Lords of that Fee by the Services which unto the aforesaid Tenements do belong all the life-time of the said I. C. and T. and the longer liver of either of them And after the decease of the said I. C. T. the aforesaid tenements with the appurtenances shall wholly remain to I. C. sonne of the aforesaid I. C. and T. and the heirs of his body lawfully begotten To hold of the chief Lords of that fee by the services which unto the aforesaid Tenements do belong for ever And if it happen that the said J. C. the Son shall die without heir of his body lawfully begotten then after the decease of him the said J. the aforesaid Tenements with the appurtenances shall wholly remain to R. C. one other Son of the aforesaid J. C. the Father and T. and to the heirs of his body lawfully begotten To hold of the chief Lords of the Fee by the services which unto the aforesaid Tenements do belong for ever And if it happen the said R. to die without heir of his body lawfully begotten then after the decease of him the said R. the aforesaid tenements with the appurtenances wholly to remain to the heirs of the bodies of the aforesaid J. C. the Father and T. lawfully begotten To hold of the chief Lords of that Fee by the services which unto the aforesaid Tenements do belong for ever And if no heir of the bodies of the aforesaid J. C. the Father and T. shall be lawfully begotten then the aforesaid Tenements with the appurtenances shall wholly remain to the right heirs of the aforesaid T. To hold of the chief Lords of that Fee by the services which unto the aforesaid
Tenements do belong for ever Adjuncts of Concords THe adjuncts of a Concord be of two sorts Internal External Internal be such as be contained within the very Concord it self of which sort be the clause of reservation of the Services Rent or other thing the clause Reservation Nomine poene Distresse of Nomine poene the clause of Distresse and the clause of Warranty All which clauses of Reservation Nomine poene Distresse and Warranty are to be made in such words and in such formes as the like are made in Instruments extrajudicial Warranty And warranties be sometimes general that is to say against all men some against all except certain persons some against certain persons only some against every Cognisor and his heirs severally and some against one of the Cognisors and his heirs only some of all the lands in Fine some of all except part and some of part only certainly expressed Licence Alienation The External adjuncts of Concords be the licence of alienation the Dedimus potestatem the examination of the parties and the cognisance The licence of Alienation is a power or authority given by the King now by the L. Prot. to the parties that lands may be alienated without incurring the danger of contempt And every such licence is either to alien lands holden in Capite or to alien lands into mortmain The license of alienation of lands holden in Capite may vary from the Fine and be good 32 H. 8. Br Alienation 4. 30. Docket For the obtaining of which licence the Clark of the licences doth use to draw a Docket in paper containing the effect of the Fine Feoffment or other Deeds whereby the alienation is to be made Affidavit And thereupon affidavit or composition must be made for the value of the lands which are to passe thereby which is to be signed by the Doctor of the Chancery that hath power to take Oath Then the Kings Fine is to be paid to the receiver of Fines who will sign the Docket And after the same is to be signed by two of the Commissioners of the Office of of Fines and Licences and upon that Docket the Clerk of the Licences is to make the Licence and get it sealed with the great Seal which licence is to be made in form following OLiver c. To all to whom these present Letters shall come greeting Know ye that we of our special grace and for 3 pounds to us paid in our treasury have granted and gâ—ven licence and by these presents do grant and give licence for us and our heirs as much as in us is to our beloved friend J. F. that he all the Moyety of the Mannor of C. with the appurtenances and 40 Messuages 20 Cottages 40 Gardens 50 acres of Land 40 acres of Meadow 300 acres of pasture 30 acres of wood 300 acres of Moor and twenty pounds rent with the appurtenances in W. and elsewhere in our County of N. to the said moyety appertaining or belonging parcel thereof being reputed or accepted as they are held of us in Capite may give grant alien sell bargain enfeoffe warrant or knowledge by sine in our Court before our Justices of the Common Bench or otherwise or by any mean whatsoever to our beloved friend E. R. To have and to hold to the same E. his heirs and assigns of us and our heirs by the service aforesaid for ever as aforesaid by the tenor of these presents we have likewise given licence and do give special licence unwilling that the aforesaid I. or his heirs or the aforesaid E. or his assigns aforesaid by reason of the premises by us our heirs or successors Justices Escheators Sheriffs Bayliffs or other our Officers or Ministers whosoever of our heirs or successors thereof should be occasioned molested disturbed vexed or grieved in any thing or any of them should be occasioned molested disturbed vexed or granted in any thing In testimony of which thing these our Letters Patents we have caused to be made Witnesse my self at Westminster the last day c. A licence to alien in Mortmain OLiver c. To all c. know ye that we of our special grace and for 40 s. to us paid in our treasury have granted and given licence and doe give licence for us and our heirs as much as in us is to R. S. that he the advowson of L. to the Abbot and Covent of L. in the County of E. may give and grant To hold to them and their successors of the said soveraign Lord and his heirs in free pure and perpetual free alms for ever And to the same Abbot and Covent that they the advowson from the aforesaid R. S. may receive and appropriate that Church and that so appropriated may to their own uses hold to themselves and their successors of the said Lord Protector and his heirs in free pure and perpetual free almes for ever Nilling c. Ut supra Quod permittat finem levari ANd after that such licence is had the use was which is not now in use to have a writ mentioning the licence and the effect of the Fine directed to the Justices of the Common place commanding them that they print the Fine so levied Register f. 176. a. 1. E. 3. ca. 12. 34 E. 3. ca. 15. 33 H. 6. f. 2. The form of which writ succeedeth REx To his Justices of the Bench greeting Whereas by our Letters Patents of our special grace we have granted to I. S. that he of his Mannors of F. and W. with the appurtenances which are held of us in Capite may infeoffe to K. c. reciting the whole Charter as in our Letters aforesaid more fully it is contained and our Writ of Covenant hangeth before you in the Bench aforesaid between the aforesaid I. and K. of the Mannors aforesaid to levy a Fine thereof between them according to the Law and Custom of our Kingdom of England as we have been informed we command you that that Fine between the parties aforesaid of the Mannors aforesaid before you in the same Bench to be levied ye permit according to the tenour of our Letters aforesaid Witness c. But before the 20 H. 3. the Kings tenant in Capite might have aliened his free lands without licence 14 H. 4. 3. 20. Ass Pâ—ac 17. as it seeemeth The Writ of ad quod damnum BUt before the granting of any such licence either to alien Lands holden in chief or to alien lands in Mortmaine or release right in Mortmain or exchange the ancient use was to have a writ ad quod damnum conteining the substance of the Kings licence out of the Chancery directed to the Escheator in the County wherein the Lands lye to be aliened to enquire and certifie into the Chancery what damage or prejudice the alienation thereof will be to the King or the other chief Lord of whom they are holden And of what tenure and value the Lands be And
Commissioners c. names must be subscribed thereunto and the Justice of the Circuit thus The Commissioners names I. P. C. D. and E. F. The Justice of the Circuit F. B. Return The execution of this writ appeareth in the Schedule to the same annexed The Precipe and Concord which must be filed to the Dedimus Potestatem The writ of Covenant COmmand T. of P. Esq and A. his York ss Wife that justly c. they hold to W. P. Gent. the Covenant c. of the Mannor of T. with the appurtenances and of 2 Messuages 3 Cottages 5 Tofts one Dove-house 5 Gardens 5 Orchards 100 acres of Land 50 acres of Meadow 50 acres of Pasture 10 acres of Wood 100 acres of Ling and Heath forty shillings rent and Common of Pasture for all Manner of Beasts with the appurtenances in W. and B. and unlesse c. And the Concord is such to wit that the aforesaid T. and A. have recognised the aforesaid Mannor Dove-house Tenemments Rent and Common of Pasture with the appurtenances to be the right of him the said W. as those which the said W. hath by the gift of the aforesaid T. and A. And those they have remised and quite claimed from them the said T. and A. and the Heirs of him the said T. to the aforesaid W. and his Heirs for ever And furthermore the said T. and A. have granted for themselves and the Heirs of him the said T. that they will warrant to the aforesaid W. and his Heirs the a-aforesaid Mannor Dove-house Tenements Rent and Common of Pasture with the appurt against themselves and the Heirs assigns of him the said T. and against the Heirs and assigns of I B. Esq and against all men claiming or having any right title estate use interest or demand of or in the same Mannors Dove-houses Tenements Rent and Common of Pasture with the appurtenances or of or in any parcell thereof by or from under the said T. and I. his Heirs or assigns or the heirs or assigns of either of them and for this c. Taken and acknowleged at K. in the County of York the ninteenth day of January in the year c. before The Commissioners names G. Shrew W. West The names of the parties T. B. A. B. A Dedimus potestatem upon a Writ of Customs and Services for a Fine thereof to be levied O. c. to his beloved and faithfull R. H. one of the Justices of the Bench greeting Whereas our Writ of Customs and Services hangeth before your Associates our Justices of the Bench between W. B. Esq and E. A. Esq of the Customs and Services which the same E. to the said W. ought to do of his free Tenement which of him he holdeth in N. as in Homages Fealty Releifes and other Services in the County of S. And we at the petition of the aforesaid W. and E. have given them Licence thereof to Concord and the aforesaid W. and E. of themselves are so impotent that without very great danger of their bodies unto Westminster at the day in our writ conteined to make the Cognisances which in this behalf are required are not able to travel as we have received We pittying the state of the same W. and E. in this behalf have given to you power to receive the Cognisances which the same W. and E. before you shall make of the Premises And therefore we command you that unto the aforesaid W. and E. personally comming you receive their Cognisances aforesaid And when you have received them your associates thereof distinctly and openly you certifie that then the Fine between the parties aforesaid of the Premises before you and your associates aforesaid in the Bench aforesaid according to the Law and Custome of our Common-wealth of England may be sevyed And have you then there this writ witnesse c. Of the Fine formerly called the Kings Silver THat was called the Kings Silver that was wont to be paid to the King now to the Lord Protector for the Licence of the Concord which upon writs of Covenant was taxed after the rate followings That is to say for Lands of the yearly value of l. s. d. is paid l. s. d. 3 6 8 â— 6 8 5 6 8 0 10 0 7 13 4 Â 13 4 8 13 4 0 16 8 11 0 0 1 0 0 12 0 0 1 3 4 14 6 8 1 6 8 15 6 8 1 10 0 17 13 4 1 13 4 18 13 4 1 16 8 20 0 0 2 0 0 22 0 0 2 3 4 24 6 8 2 6 8 Every 5 Marks and 20 s. payeth fine-6 s-8 d. from 5-Marks and 20 s. unto 5-Marks and 40 s. payeth-10 s. and above 5 Marks and 40 s. unto 10 Marks and 20 s. payeth 13 s-4 d. and in like proportion for all other Fines and it is commonly entred by the Clerk in this form Entry of Kngs silver I. W. giveth to the L. P. 10 s. for a York ss Licence of concording with E. W. Esq and I. his wife of a plea of Covenant of one Messuage 10 acres of Land 10 acres of Meadow and 10 acres of Pasture with the appurtenances in D. Reciting the substance of the writ And they have the Hand-writing by the Peace admitted before R. W. one of the Justices of the Lord Protector of the Bench being Justice in the County Observations necessary at the knowledge of Fines Tbe titling of the note VVHen a Fine is to be knowledged it is meet that before the parties come before the Judges or Commissioners the titling of the writ of Covenant and Concord be fair written according to the parties minds and duly examined and also signed or subscribed by all the Cognisors Knowledge of the Cognizes It is also requisite that either of the Cognisors be known to the Justices or Commissioners that must take the Cognisance thereof or that some other credible person known to him which taketh the Cognisance who knoweth the party be present and do sufficiently enform the Judge that they be the self-same parties against whom the writ is brought for some will covenously knowledge Fines in the names of others that be owners of the Land 34. H. 6. Fol. 19. Examinations of Wives And if a feme Covert be Cognisor she must be perswaded to yield her consent and be fully agreed with before she be examined for in all cases where a Feme Covert is to depart with any thing by fine she must be examined by the Justices or Commiss that take this Cognisance and confess that she doth make Cognisance freely and not through fear or compulsion of any before the Cognisance will be accepted But where she is to take benefit by a Fine she shall never be examined 42 Ed. 3. 7. 3 H. 6. 42. 46. E. 3. 15 8 H. 6. 2. 4 Ed. 3. 62. Statut. de finibus 18 Ed. 2. Value Also the yearly value of Lands should bee set down under the Concord and some
honest person which knoweth the Land brought thither to make oath for the value thereof for Oath without such oath or composition the Fine cannot passe Composition And composition with the Commissioners will not readily be made without oath or some late Fine License or other matter of Record to inform the Commissioners of the value thereof which being done the writ of Covenant is again there to be entred and the fine thereof if it be finable must there be paid to the Receiver and the writ must be signed by the said Commissioners and that done the said writ must be sealed and returned with the Concord and Dedimus Potestatem if the Cognisance was taken by Dedimus Potestatem then the said writings must be taken out signed by the Custos brevium and thence they must be carried to the Clerk of the Prot. Silver who must take a note thereof for the entry of the P. Silver and sign the same again and then must they be delivered to the Chyrographer of fines to be ingrossed and proclaimed The examples wherof appear in their apt places How and when Cognisances of Fines must be certified and what may hinder the same Certifitate JF they which have taken Cognisance of a Fine will not certifie the same a Certiorar is to be awarded unto them comprehending the matter of Dedimus potestatem and command them to certifie c. which if they do not there lyeth against the Commissioners an alias pluries and attatchment c. Fitz. N. B. 147. b. Time But they are not bound to certifie such Recognisances but within a year after such caption thereof but if they do it is good enough 23. El. c. 3. And with every such Certificate they must certifie the day and year wherein the same was knowledged thus Taken at R. in the County of York the 20th day of October in the year c. Else no Clerk or Officer may receive the same but shall forfeit for every writ otherwise For forfeiture received five pounds 23. El. c. 3. If any of the parties to a Fine die after recognifance thereof and before it be certified it ought not to be certified 1. H. 7. 9. 33. H. 6. fo 52 Dyer fo 146. pl. 68. 7. El. But if such Cognisance of a fine be certified and the Prot. silver entred the fine is good and may afterwards be ingrossed though it be in another Term. Thus THis is the finall Concord made c. In the morrow of the Purification of the blessed Virgin Mary and afterwards granted and recorded in fifteen days of Easter Dyer f. 220. pl. 15. and fo 254. pl. 104. If the Justice or Commissioner that hath taken the knowledge of a Fine die before Justice oâ— Commissiners dieth it be certified their executors or administrators may certifie the note of the fine to the Justices of the Common-place by writ Certiorari out of the Chancery to them directed 8. H. 4. 5. 1. H. 7. 9. Fitz. N. B. f. 147. b. The form of which Certiorari is thus Certiorari to the Execut of the Justice upon the cognisance of the fine O. c. to his beloved B. W. widdow executrix in of the Testament of T. W. late one of our Justices of the Bench greeting We willing for certain causes to be certified upon certain cognisances of a fine between T. D. and I. G. of one Messuage with the appurtenances in T. and in the County of E. by the aforesaid late Justice taken in your custody by reason of the execution of the Testament aforesaid being as it is said We command you that the Cognisancâ—â—â—foresaid to our Justices at Westminster under your seal distinctly and plainly without delay you send and this writ that th' aforesaid Justices further to levy that fine may cause to be done that which of right and according to the Law and Custome of our Common-wealth of England ought to be done T. c. Justice discharged In like manner if a Justice having taken cognisance of a fine be discharged of his Office before he hath certified the same he may not certifie it without alike writ notwithstanding that he be restored to his place again 8. H. 4. 5. 1. H 7. 9. And thereupon it hath been used that a writ hath been directed to the said Justices to receive the same cognisance but it is not in use at this day F. N. B. 147. E. Kings death But if the King die after the cognisance taken and before the certifying thereof the Justices cannot then certifie nâ—m per morâ—em sâ—u dimissionem Regis câ—ssat potestas Judicis 1. H. 7. 9. yet learn for I think the statute of 1. Ed. 6. c. 7. doth give remedy in this For the words thereof be these in effect By the death and demise of any King no action bill or plaiâ—t that shall depend between party and party in any Court of Record shall be discontinued or put without day â—ut if the King dye after the Kings silver is entred and before the Fine be ingrossed the writ of the Covenant may be resummoned and the Fine ingrossed 1. H. 7. 9. Femes If a Feme sole by Dedimus Potestatem knowledge a Fine and before the return thereof marry this Fine may be certified and ingrossed as of a Feme sole because the taking of her Husband after the Fine knowledged is her own voluntary act and such Fine shall barr her and her Heirs for ever Dyer fo 246. pl. 68. Mich. 7. and 8. El. Signed Every writ of Dedimus Potestatem to speciall Commissioners for the taking of the Cognisance of fines ought to be signed by the Lord Chancellor or Lord Keeper now the Lords Commissioners or chef Justice of the Common Place or the chief Justice of the Circuit where the Land lyeth Of the Inrolement of Writs of Covenant Dedimus Potestatem and knowledges thereupon which is termed the foot of the Fine Inrollment BEfore the ingrossing of the fine by the Chiographer the writ of the Covenant the writ of Dedimus Potestatem with the knowledges and notes of the same must be inrolled and in a Roll to be of Record for ever to remain in the safe custody of the chief Clerk of the Custos brevium Fee Common place which is the Custos brevium and his successors who must have 22 d. fee for enting of the Concord to the intent that if the notes of the Fines in the Custody of the Chyrographer be embezelled or lost execution Embezelling Proclamations The foot of the Fine may be had upon the said Roll. 5. H. 4 c. 14. upon this Roll the proclamations are endorsed and these notes are termed the foot of the Fine Dyer fo 321. pl. 19. 15 El. Of the Note of the Fine The note of the fine THe note of the Fine is a note thereof made by the Chirographer before it be ingrossed which beginneth thus
the lessor die during the Term the leasee shall have have fee. 6 R. 2. Fitz. Quid Juris clamat 20. Against T. in common If a Quid Juris clamat be against two as Tenants in the Common he which appeareth must atturn if he plead not that they are joynt-tenants 16. E. 3. Fitz. Quid Juris 21. After assignment If a particular Tenant grant over his estate after the note levied yet must he atturn 17. E. 3. Fitz. Quid Juris 11. Once atturn If the Tenant atturn once upon the grant of the Cognisors he shall atturn no more 4. E. 3. Fitz. Quid Jur. 45. Joynt-tenant T. in common If a joint-tenant or tenant in Common of a Reversion grant his part by Fine the particular Tenant shall not be compelled to atturn 5. E. 3. Fitz. Quid Jur. 40. T. for life upon condition Upon a Lease for life upon condition that if the Leasee die within twenty years that his Executors Administrators or Assigns shall hold unto the end of twenty years the Lessee shall atturn as Tenant for life with protestation to save his interest 16. E. 3. 20. E. 3. Fitz. Quid Jur. 22. 31. Joynt tenant of a reversion If the reversion of two joynt Tenants for life be granted by Fine supposing the one to be sole Tenant the Tenant is not compellable to atturn 32. E. 3. Fitz. Quid Jur. 5. per Seton Tenant by elegit But Tenant by Statute or elegit seemeth not compellable to atturn because the cognisor cannot compel him to account and he may hold the Lands after his sum satisfied until he have levied his damages 6. E 3. 53. Fitz. Fines 99. E. 3 F. Quid Juris 47. Baron sole Cognisor Nor a Tenant for life where the Husband sole is Cognisor of his Wives land for if he do atturn the Wife surviving her Husband may enter for forfeiture 27. E. 3. A Clerk And a Clerk which hath no lay fee is not compelled to atturn 38. E. 3. 18. Reversion Nor Tenant for life in reversion or remainder 34. H. 6. b. Frank marriage Infant Ideot Nor Tenant in Frank marriage lib. Intr. Quid Juris clamat 10. Nor an Infant 43. E. 3. 1. Nor a Lunatick mad man or Ideot as it seemeth because of their disabilities But atturnment made by such persons as are able but not compellable to atturn is good 12. E. 4 Nat. Br. fo 170. b. With exception And an atturnâ—ent may be with an excepon if the Tenant have a Lease for life without impeachment of wast as he may atturn saving his advantage and it shall be so entred 45. E. 3. 11. 24. E. 3 Covenants Annuity Warranty Acquitall If the Tenant have Covenants to repaire c. 48. E. 3. 32. or have an annuity out of the Land 48. E. 3. 32. or Covenant of warranty or acquitall 41. E. 3. 48. or to fell trees he may atturn saving these advantages Grant Remainder in fee. If A. seised of Lands in fee thereof enfeoff B. to the use of the said A. for life and after to the use of his Executors and Assigns for twenty years after his death And then to the use of C. in fee Quere whether A. shall be compelled to atturn in Quid Juris clamat supposing him Tenant for life only and not mentioning the Term without saving of his Term by protestation Dyer fo 309. pl. 77. 14. El. No view lieth in a Quid Juris clamat 15. E. 4. 28. What Places will barr the Plantiff of Atturnment Seisinin fee. IF the Tenant plead that he is seised in fee the day of the note levied without that that he was then seised for life without shewing how he is so seised 15. E. 4. 28. 1. H. 7. 27. The Cognisor had nothing Or if the Tenant for life plead that before the fine an estranger was seised in fee and released to him in fee without that that the recognisor had any thing in the Lands the day of the note levied 3. H. 4. 3. Non tenure If a particular Tenant plead he holdeth not of the Cognisot the day of the note levied he must shew what estate he claimeth and from whom 3. E. 3. 6. Fitz. Quid Juris clamat 6. 14. E. 3. Fitz. Quid Jur. 9. But if he claim fee he shall not shew how 14. E. 3. 3. Fitz. Fines 7. but traverse that he holdeth for life 1. H. 7. 27. Leasee for eight years upon condition that the Leasor alien within the term he shall have Seisin in fee. Seisin de tali Stat. Qual c. For parcel fee cannot alledge that and say that he claimeth estate according to the Tenor of his Deed but must plead his estate certainly 2. E. 2. Fitz. Quid Jur. 38. If the Tenant confesse for part and plead a plea which may forfeit his estate therein he must atturn by and by 11. H. 4. 57. Cont. 22. E. 3. 18. Fitz. fines 33. Release Release of the Cognisor before the Cognisance to the Heir or his Ancestors in fee is a good barr 44. E. 3. 34. Forfeiture for term of years If a Lessee for years claim for life and fail of it he forfeits his Term 6. R. 2. Fitz. Quid Jur. 20. Plesingtons case WHAT PROCESSE Lie in a Quid Juris clamat Process THe Process in a quid juris clamat is Summons and distress infinite Nat. Imprisonment br 169. a. But if the Tenant appear and plead no good Bar and yet will not atturn he shall be imprisoned 37. H. 6. 14. Disclaimer But if the Tenant disclaim and if it be found against him he shall atturn 4. E. 3. 27. But if the Tenant for life years in Dower by the Curtesie or extent by Plea Claim Fee or Fee-tail and it be found otherwise he doth forfeit his Estate 15. E. 4. 28. Nat. Br. fo 168. b. And the Tenant may atturn by Dedimus Potestatem Att. by dedimus potestatem the form whereof ensueth Oliver c. to his beloved and faithfull I. M. Knight c. whereas our Writ of Covenant hangerh before you and your Associates our Justices of the Bench between R. and P. of 100. Acres c. which I. holdeth for his life of the aforesaid P. to levy thereof a Fine between the aforesaid R. and P. according to the Law and Custome of our Common-wealth of England whereby by our Writ we have commanded our Sheriff of Norfolk that he cause to come before our aforesaid 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. being of himself so impotent that unto the Bench aforesaid at the day to him given without the greatest danger of his body he is not able to travail to acknowledge what right he claimeth to have in the Land aforesaid we tendring the State
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.
in mercy c. But atturnments entred upon record before the party mentioned to atturn do first appear in Court in person or by atturney warranted by the hand of one of the Justices of the one Bench or of the other or one Justice of Assize upon a Writ of quid juris clamat quem redditum reddit or per quae servitia as the case requireth is void without Writ of error 23 Eliz. c. 3. upon which Judgement the Cognisee may have execution by habere facias seisinam in this form Oliver c. To the Sheriff of York greeting Know you that whereas C. D. in our Court before our Justices at Westminster by order of the same Court hath recovered his seisin against A. B. of one Messuage with the Appurtenances in L. which M. N. in the same Court granted to the aforesaid C. D. by a Fine thereof between them made therefore Wee command you that to the same C. D. plenary seisin of the Messuage aforesaid with the appurtenances without delay you cause to have and what thereof you shall do you certifie to our said Justices at Westminster in eight dayes of Saint Martin c. And have you there this Writ T. c. A Distringas ad Atturnandum And upon the Judgment to Atturn doth issue a Distringas ad Atturnandum in this form Oliver c. To the Sheriff greeting Wee command you that you distrain A. S. by all his Lands c. So that he be before our Justices of the Bench to atturn to C. D. in a plea of Quid juris clamat in one Messuage with the appurtenances in L. which M. N. in our Court c. hath granted to the aforesaid C. D. by fine thereof between them made and whereupon it is ordered in the same Court that the aforesaid A. S. himself to the aforesaid C. D. thereof shall atturn And have you there this Writ T. c. Quem redditum reddit The Writ of quem redditum reddit is a Writ judiciall and issueth out of the note of the fine against the Tenant of the Land to compell him to atturn to the Cognisee upon the grant of a Rent charge or Rent seck issuing out of the Land N. B. F. 170. b. the form whereof followeth Oliver c. to the Sheriff of E. greeting We command you c. that you cause to come here from the day of St. Michael in fifteen dayes E. F. to acknowledge what Rent he was accustomed to yield issuing out of one messuage with the appurtenances in E. which A. B. in our court before our Justices of the Bench hath granted to C. D. by a Fine there of between them made And have you there this Writ T. c. If the Defendant appear not upon this Writ a Distringas issueth forth in this form OLiver c. To the Sheriff of York greeting Wee command you that you distrain E. F. by all his Lands c. And that you answer to us of the profits of the same and that you have his Body here c. in eight daies of St. Michael next to come To acknowledge what Rent c. issuing out of one Messuage with the appurtenances in L. which A. B. in our Court c. hath granted to C. D. by a Fine thereof between them made and to hear his Judgment for many defaults And have you c. At which day if the Tenant appear the entry may be in this form E. F. In mercy for many defaults c. The Sheriff of E. was commanded that he should distrain the aforesaid E. F. c. as in other Writs of Distringas above And now here at this day came aswell the aforesaid C D. by W. W. his Atturney as the aforesaid E. F. in his proper person And the aforesaid C. D. prayeth that the aforesaid E. F. may atturn himself to him of the Rent aforesaid c. And the aforesaid E. F. prayeth hearing of the Writ a-aforesaid and to him it is read he prayeth also hearing of the note of the Fine whereupon the same Writ issued and to him it is read in these words Between C. D. Plaintiff c. reciting the note c. Atturnment entred In which case if the Tenant atturn the entrie shall be as in a quid Juris clamat and so shall the Judgment and Execution be also mutatis mutandis but the atturnment must be in Court 9 H. 6. 21. 8. H. 6. 15. Divers Tenants If this Writ be against divers Defendants and some appear and some make default Those which appear shall not atturn without the rest untill they appear and after make default 8. H. 6. 15. Default If the Tenant once appear and after make default a Distringas ad atturnandum shall be awarded 9. H. 6. 21. 8. H. 6 15 A Cognisee of a Rent charge or Rents for years shall not have Atturnment quaere Dyer fo 401. Pl. 37. 38. Atturney The Tenant cannot plead by an Atturney but ex consensu quaerentis 1. H 7 27. In a Quem redditum reddit the Tenant appearing is to demand what the Plaintiff hath to shew for the Rent and then he must shew the commencement thereof and his title thereunto which the Plaintiff may answer 31. H. 6. 8. 35. H. 6. Disclaimer In quem redditum reddit if the Tenant will disclaim he may plead that he was not Tenant of the Land the day of the note levyed for this Writ lyeth against none but him which is then Tenant 8 H. 6. 15 Per quae servitia PEr quae servitia is a judiciall Writ issuing from the Note of a Fine and lyeth for the Cognisee of a Mannor seigniory chief Rent or other services to compell him that is Tenant of the land at the time of the note of the fine levyed to atturn unto him 43. E. 3. 8. H. 6. 17. Pl. 46. B. which is made thus The Writ OLiver c. To the Sheriff of K greeting Wee command you that you cause to come before our Justices at Westminster tali die S F. R L. c. at L. c. to acknowledge by what services they hold their Tenements with the appurtenances in B. which services E. L. in our Court before our Justices at Westminster hath granted to W. B. by a Fine there thereupon between them made And have you there this Writ Witnesse c. If the Lord grant the services of his Tenant by Fine or otherwise the Lord before Atturnment shall have such things as lye in prender as the Ward of the body of the heir and of the Land escheats c. but not such things as lye in render as Rents and relief Herriots and other services for he cannot avow for them before the atturnment If a man grant the services of his Tenant for life This Writ lyeth Br. per quae servitia 13. Vpon a grannt for life If services be granted to I. S. for life the reversion to N.
such a Fine under the great Seal hath this Commodity That if any errors remain in the record of the same Fine they be not amendable after the exemplification thereof 23 Eliz. c. 3. but iâ— seemeth this extendeth only to Fines levyed before the same statute 23 Eliz. c. 3. These inrollments and exemplifications seem very necessary because that the privity and warrant of the said Court many errors hapening in the former records thereof may be amended and these inrolments will suffice if the former Record thereof or any part thereof be imbezelled or otherwise defaced 23 Eliz. c. 3. The exemplification of a Fine inrolled according to the Statute of 23 El. c. 3. OLiver Lord Protector c. To all to whom this present writing shall come greeting Know ye that among the Inrolments of Writs and other things depending for Fines according to the form of the Statute of the Term of Easter at Westminster in the year of our Lord God 1654. in the 7. Roll it is thus contained ss Essex ss Oliver Lord Protector of the Common-wealth of England Scotland and Ireland c. To the Sheriff of Essex greeting Command E. W. Esquire and I. his wife that justly and without delay they hold to I. W. and I. S. the Covenant between them made of two Messuages two Gardens two Orchards 20. Acres of Land 20. Acres of Meadow 40. Acres of Pasture and 100. Acres of Furs and Heath with the appurtenances in B. and W. And unless they shall do it and the aforesaid I. and I. shall secure you for prosecuting their plaint then summon by good summoners the aforesaid E. and I. that they be before our Justices at Westm in 8. dayes of Saint Michael to shew wherefore they did it not and have you there the summoners and this Writ Witness my self at Westminster the 13. day of September in the year c. Pledges of prosecuting John Doo Richard Roo summoners John Den Richard Fen John T. Esquire Sheriff ss I. W. giveth to the Lord Protector six Shillings and eight pence for a license of Concord with E. W. Esquire and I. his wife of a plea of Covenant of 2. Messuages 2. Gardens 2. Orchards 20. Acres of Land 20. Acres of Meadow 10. Acres of Pasture and 100. Acres of Furs and Heath with the appurtenans in B. and W. And he hath a Certiorari by the peace admitted before R. H. one of the Justices of the Lord Protector of the Bench Justice in the Countrey ss Oliver Lord Protector c. to his beloved and faithfull R. H. one of his Justices of the Bench greeting Whereas our Writ of Covenant dependeth before you and your Associates our Justices of the Bench between I. W. and I. S. E. W. Esquire and I. his wife of 2. Messuages 2. Gardens 2. Orchards 20. Acres of Land 20. Acres of Meadow in B. and W. in the County of Essex to Levy a Fine thereof between them before you and your Associates aforesaid in the Bench aforesaid according to the Law and Custome of our Common-wealth of England and the same E. and I. are of themselves so impotent that without very great danger of their bodies unto West at the day in the Writ aforesaid contained to the knowledgements which in this behalf are required to be made to travail they are not sufficient as we have received we tendring the state of the same E. and I. in this behalf have given you power to receive the recognizances which the aforesaid E. and I. before you shall make of the premises And therefore we command you that unto the aforesaid E. and I. personally going their cognizances aforesaid ye receive And when he have received them your aforesaid Associates thereof under your Seales distinctly and openly ye certifie that then that Fine between the parties of the premises before you and your Associates aforesaid in the Bench aforesaid may be levied according to the Law and custome aforesaid And have you there then this Writ witness my self at Westminster the 27. of September in the year c. The answer of the within named R. H. unto this Writ The execution of this Writ appeareth in a certain Schedule to this Writ annexed And the Concord is such that is to say that E. and I. in the Writ to this Schedule annexed have reknowledged the Tenements in the said Writ specified with the appurtenances to be the right of I. W. in the same Writ named as those which the same I. and I. S. in the said Writ named have of the gift of the aforesaid E. and I. and those they have remised and quit claimed from themselves and their heirs to the aforesaid I. and I. and the heirs of him the said I. W. for ever And furthermore the same E. and I. have granted for themselves and the heirs of him the said I. that they will warrant the tenements aforesaid with the apputtenances to the aforesaid I. and I. and the heirs of him the said I. W. against all men for ever And for this c. the same I. W. and I. S. have granted the Tenements aforesaid with the appurtenances to the aforesaid E. I. and the heirs of the body of him the said E. by the aforesaid I. lawfully begotten and for want of such issue the tenements aforesaid with the appurtenances shall wholly remain to the aforesaid I. and the heirs of the body of him the said I. lawfully begotten and for default of such issue the tenements aforesaid with the appurtenances shall wholy remain to the right heirs of him the said E. for ever To hold c. R. H. S. This is the finall concord made in the Court of the Lord Protector at Westminster in 8. dayes of Saint Michael in the year c. before I. D. R. W. I. W. and R. H. Justices and other of the Lord Protectors faithfull then there present between I. W. and I. S. plaintiffs and E. W. Esquire and I. his wife deforcients of 2. Messuages 2. Gardens 2. Orchards 20. Acres of Meadow 40. Acres of pasture and 100. Acres of Furs and Heath with the appurtenances in B. and W. whereof plea of Covenant was summoned between them in the same Court to wit that the aforesaid E. and I. have recognized the aforesaud tenementss with the appurtenances to be the right of him the said I. W. as those which the same I. and I. S. have by the gift of the aforesaid E. and I. And those they have remised and quite claimed from them the said E. and I. and their heirs to the aforesaid I. and I. and the heirs of him the said W. for ever And furthermore the same E. and I. have granted for themselves and the heirs of him the said I. that they will warrant to the aforesaid I. and I. and the heirs of him the said I. W. the aforesaid tenements with the appurtenances against all men for ever And for this recognizance remise quite claim warranty Fine and Concord the same I.
levyed in the Court of the Soveraign Lord Charles late King c. at Westminster from the day c. in the year c. before R. B. and his Associates then Justices of the Bench aforesaid between I. G. the younger and W. G. plaintiffs and E. P. and M. his wife deforcients of the aforesaid ten Acres of Land with the appurtenances and of other Lands and Tenements in the same Fine contained by the cognizance of the aforesaid W T. of the Action of the aforesaid W. L. and others and therefore we command you that to the same W. L. and others of the aforesaid ten Acres of Land with the appurtenances without delay plenary seisin you cause to have c. Know you that it is ordered in our Court c. Habere faas seisinam upon a recovery by the defend in a Scire fac out of a Fine That T. B. Cozen and heir of W. brother of P. son of W. and M. his wife have execution against R. R. c. of 40. Acres of wood with the appurtenances in B. by virtue of a Fine in the Court of the Soveraign Lord Charles late King c. at Westminster c. between the aforesaid W. and M. plaintiffs and W. of B. and R. son of W. c. deforcients c. of the tenements aforesaid levied by default of them the said c. And therefore we command you that the same T. B. of the aforesaid tenements with the appurtenances without delay plenary seisin and execution you cause to have witness c. OLiver c. to the Sheriff greeting know Habere facias seisinam upon a recovery by the defendant in a Scire fac out of a fine you that it is ordered in our Court before our Justices at Westm that T. B. Cozen and heir of W. B. have execution against R. D. of the Manor of A. with the appurtenances in your County by virtue of a Fine levyed in the Court of the Soveraign Lord Charles late King of England c. at Westminster from the day c. in the year c. before R. B. and his Associates then Justices of him the said late King of the Granted and recorded Bench and afterwards in eight c. in the yeâ—r c. there granted and recorded between the aforesaid W. plaintiff and A. deforcient of the Manor aforesaid by the default of him the said R. And therefore we command you that to the same T. B. of the Manor aforesaid with the appurtenances without delay plenary seisin and excution you cause to have T. c. Know you that it is ordered in our Court c. Habere facias seisinam upon a recovery by verdict in a Scire facias out of a Fine that R. M. and R. A. Cozen and heir of H. of B. and M. his wife have execution against I. C. c. of two parts of the Manor of Y. with the appurtenances by virtue of a Fine levyed in the Court of the Soveraign Lord Charles late King c. at Westminster in the morrow c. in the year c. before T. W. and his Associates then Justices c. of the Bench between H. B. and M. his wife plaintiffs and B. D. and B. his wife deforcients of the aforesaid Manor with the appurtenances and of the Advowson of the Church of the same Manor as by a certain Jury before our beloved and faithfull I. T. and W. A. two Justices of the Common Bench by the form of our Statute thereof provided the day c. at R. thereof between them taken it was found And therefore we command you that to the same R. and R. of the two parts aforesaid with the appurtenances without delay execution Nisi prius and plenary seisin you cause to have T. c. Of Execution of Fines by Scire facias A Writ of Scire facias upon a Fine lyeth in the same Case that a Writ of Habere facias seisinam doth saving that it is to be sued a year and a day after the Fine is levyed wherby the Sheriff is commanded to warn the terrtenant to appear and shew cause if he can why the Cognisee or his heirs should not have execution at the return whereof if the Tenant appear and shew no cause to the Contrary the plaintiff shall have an Habere facias seisinam ut supra And the form of divers Scire facias in like case ensue OLiver c. to the Sheriff greeting Wheras a certain Fine was levyed in the Court A Scire facias out of a fine for the heirs in taile Attorney in Fine of the Lord Protector at Westminster in eight dayes c. in the â—ear c. before R. H. and his Associates our Justices of the Bench between G. P. and I. his wife plaintiffs by W. F. put in the place of them to gain or lose and S. H. deforcient of the Manor of C. with the appurtenances whereof plea of Covenant was summoned between them in the same Court that is to say that the aforesaid G. hath recognized the Manor aforesaid with the appurtenances to be the right of him the said S. as that which the same S. had by the gift of the aforesaid G. And for that recognizance Fine and Concord the same S. did grant to the aforesaid G. and I. the Render to the husband and wife and to the heirs of the hasâ—and of the body of the wife begotten rendring rent and forreign service aforesaid Manor with the appurtenances and that to them he hath rendred in the same Court To have and to hold to the same G. and I. and the heires which the same G. of the body of her the said I. should had begotten of the aforesaid S. and his heirs for ever yeelding therefore by the year one Rose at the Feast c. for all service grant and action unto the aforesaid S. and his heirs belonging and doing therfore to the chief Lords of that Fee for the foresaid S. and his heirs all other services which unto that Mannor did belong so that if it should happen that the aforesaid G. should die without heir of the body of him the said I. begot then after the decease of them the said G. and I. Remainder in tail the aforesaid Manor with the appurtenances should wholly remain to W. Brother of the same G. and the heirs of his body begotten to hold of the aforesaid S. and his heirs by the aforesaid services as aforesaid for ever And if it should happen that the aforesaid W. should dye without heir of his body begotten then after the decease of him the said W. the aforesaid Manor with the appurtenances should wholly remain to I. Brother of the same W. and the heirs of his body begotten to hold of the aforesaid S. and his heirs by the aforesaid services as aforesaid for ever And if it should happen the aforesaid I. to die without heir of his body begotten then after
the decease of him the said I. the aforesaid Manor with the appurtenances should wholly remain to E. Brother of the same I. and the heirs of his body begotten to hold of the aforesaid S. and his heirs by the aforesaid services as aforesaid for ever And if it should happen that the aforesaid E. E. should dye without heir of his body begotten then after the decease of him the said E. the aforesaid Manor with the appurtenances should wholly revert unto the aforesaid S. and his heires quite from other the heirs of them the said C. and I. W. and I. and E. to hold of the chief Lords of that Fee by the services which unto that Manor should belong for ever And now by the information of I. L. and M. his wife being one and T. V. and T. his wife being another also of H. B. being the third of the Cozens and heirs of the aforesaid G. and I. of their bodies begotten we have received that the aforesaid G. and I. are dead And that T. L. and R. I. into the aforesaid Manor with the appurtenances now are entred and it they hold against the form of the Fine aforesaid And for that we will those things which are done in our Court be duly demanded for execution we command you that by honest and lawfull men of your Bayliwick you cause the aforesaid T. L. and R. to know that they be before our Justices at Westminster in 8. dayes c. to shew if they have or know any thing to say for themselves wherefore the aforesaid Manor with the appurtenances which they hold in form aforesaid after the death of the aforesaid G. I. to the aforesaid M. T. and H. Cozens and heirs of them the said G. and I. of their bodies begotten ought not to remain according to the form of the Fine aforesaid if it shall seem expedient to them and have you there the names of them by whom you shall cause them to know and this Writ witness c. OLiver To the Sheriff greeting Whereas A Scire fa. for the Heir of him in remainder a certain Fine was levyed in the Court of the Soveraign Lord James late King c. tali die Anno before A. and his Associates then Justces of the same Soveraign Lord James of the Bench between W. plaintiff R. Deforcient of the Manor of T. with the appurtenances whereof plea of Covenant was summoned between them in the same C. to wit that the aforesaid R. hath recognized the aforesaid Manor with the appurtenances to be the right of him the said W. as that which the same W. had by the gift of the aforesaid R. and for that recognizance Fine and Concord the same W. had granted to the aforesaid R. the aforesaid Manor with the appurtenances to have to hold to the same R. of the aforesaid W. and his Heirs Males of his body begotten all the life of him the said R. yeelding therefore by the year c. And after the decease of him the said R. the a-aforesaid Manor with the appurtenances shall wholly remain unto the aforesaid W. and his Heirs quite from the Heirs of the aforesaid R. to Render for life with revertur to him in tail remainder over in tail hold of the chief Lords of the Fee by the services which unto that Manor should belong for ever and if it should happen that the aforesaid R. should dye without Heir Male of his body begotten the aforesaid Manor with the appurtenances should wholly remain to T. Brother of him the said W. and to the Heires Males of his body begotten to hold of the chief Lords of that Fee by the services aforesaid for ever and now by the insinuation of A. son and Heir of the aforesaid T. we have received that the aforesaid R. is now dead and that the aforesaid W. dyed without Heir Male of his body begotten and that I. into one Messuage c. with the appurtenances which were parcell of the Manor aforesaid now is entred and those holdeth against the form of the Fine aforesaid And for that we will those things c. if he hath or knoweth any thing to say for himself wherefore the aforesaid tenement with the appurtenances to the aforesaid A. son and heir of the aforesaid T. ought not to remain according to the form of the Fine aforesaid if it shall seem expedient to him c. And have you c. Scire facias against severall tenants Return of sc fecit And now here at this day came as well the aforesaid I. S. by S. his Artorney as the aforesaid W. and A. by F. his Atturney and the Sheriff returned that he caused the same W. and A. to know of being here at this day to shew severally in form aforesaid by R. and F. honest c. And hereupon the aforesaid I. saith that he is Cozen and Heir of the aforesaid I. and Cozenage alleged E. that is to say c. and prayeth against the aforesaid W. and A. severally execution in form aforesaid c. And now the aforesaid W. and A. as to the A bar that the parties to the Fine had nothing in the land at the time of the fine but I. whose estate the tenant hath aforesaid tenements whereof execution against them is prosecuted and the aforesaid R. and I. as to the aforesaid tenements whereof execution against them is severally prayed severally do say that neither the aforesaid I. nor the aforesaid W. and B. whom by the Fine aforesaid he supposeth to be parties of that Fine have nothing in the tenements aforesaid with the appurtenances whereof execution against W. and A. is severally prayed at the time of the levying of the same Fine but that one I. and C. was thereof seised at the time of the levying of that Fine of which estate of the said I. C. in those tenements whereof execution against them is prayed which the aforesaid R. and I. severally have in the tenements aforesaid wherof execution against them is severally prayed they severally pray Judgement whether the aforesaid I. execution thereof against them ☞ ought to have c. And the aforesaid I. saith that at the time of the levying of that Fine the aforesaid I. and I. who were parties of that Fine were seised of the tenements aforesaid Issue that I◠was seised at the time of the Fine levyed with the appurtenances whereof execution against the aforesaid W. and A. severally in form and manner aforesaid is prosecuted as by that Fine it is supposed And this he prayeth c. therefore 12 c. A Scire Facias upon a Fine WHereas a certain Fine was levyed in the Court of the Soveraign Lord E. heretofore King of England our Grand-father from the day of the Holy Trinity in 15. dayes in the year c. before I. of B. and his Associates then Justices itinerate of him our said Grand-Father at York between Alan plaintiff
and A. defendant of ten pounds of Land with the appurtenances in A. in the Manor of L. in the County of N whereof plea of Covenant was summoned between them in the same Court to wit that the aforesaid Alane hath recognized the aforesaid tenements with the appurtenances as in his demeasne Rents c. and in all other things unto the aforesaid tenements belonging to be the right of him the said Alane furthermore the same A. hath given granted to the aforesaid Alane five marks of rent with the appurtenances in A. in the County of R. and all the Manor of B. with the appurtenances in your County as in his demeasne c. To have to hold to the same Alane and E. his wife and the Heirs of the bodies of them the said Alane and E. begotten of the chief Lords of those Fees for ever doing therefore all the services wkich unto the aforesaid tenements should belong and the aforesaid A. and his Heirs did warrant to the same Alane and E. and their Heirs aforesaid all the aforesaid tenements with the appurtenances by the aforesaid services against all Nations for ever and if it should happen that the aforesaid A. and E. should dye without Heir of the bodies of them the said Alane and E. begotten c. And the aforesaid A. and his Heirs did warrant to the same Alane and E and their Heirs aforesaid all the aforesaid tenements with the appurtenances by the aforesaid services against all Nations for ever and if it should happen that the aforesaid A. and E. should dye without Heirs of the bodies of them the said Alane and E. begotten after rhe decease of them the said Alane and E. the aforesaid tenements with the appurtenances unto the aforesaid Alane and his Heirs wholly should revert quite from other Heirs of them the said A. and E. for ever and now by the insinuation of Anthony de L. and I. Cozens and Heirs of the aforesaid Alane we have received that the aforesaid Alane and E. are now dead and that John Son and Heir of the same Alane and E. died without Heir of his body begotten and also William Son of the aforesaid Alane and E. and Brother and Heir of the aforesaid John now is dead without Heir of his body begotten and that one Joan which was the wise of John of W. into the aforesaid Manor of B. with the appurtenances is entred and that holdeth contrary to the form of the Fine aforesaid And therefore we commanded you that by good and lawfull men of your County you should cause to know to the aforesaid Joan that she should be before our Justices at Westminster from the day of Saint Michael in 15. dayes last past to shew if she might have or could know any thing to say for her self wherefore the aforesaid Manor of B. with the appurtenances to the aforesaid Anthony and I. Cozens and Heirs of the aforesaid Alane should not revert if it did seem expedient to her and for that the same I. afterward in our said Court said that the aforesaid Anthony prosecuted execution of the Fine aforesaid of the moiety of the Manor of B. against the aforesaid Joan the same Joan came in the same Court and said that she holdeth the aforesaid Manor of B. with the appurtenances by the name of the Manor of R. by the demise of N. of C. and that the reversion thereof after the death of the same Joan unto the aforesaid N. belongeth without whom she cannot answer to the aforesaid Antbony of the aforesaid moiety of the Manor aforesaid and prayeth aid of him the said Nicholas And therefore we command you that by good c. you cause to know to the aforesaid N. that he be c. at Westminster from the day c. to answer to the aforesaid A. together with the aforesaid Joan of the aforesaid Plea if he will And have you their the names c. T. c. Whereas a certain Fine was levyed in the Scire fac super Ayd Court of the Soveraign Lord E. late King of England our Grand-father in the Term of the Holy Trinity in the year c. before A. and his Associates then Justices itinerate of him our said Grand-father at E. between B. plaintiff and C. deforcient of ten pounds of rent with the appurtenances in B. in the Manor of S. in the County of E. whereof Plea of Covenant was summoned between them in the same Court to wit that the aforesaid C. did recognize the tenements aforesaid with the appurtenances as in his demeasne rents c. and in all other things unto the aforesaid tenements belonging to be the right of him the said B. furthermore the same C. did give and grant to the aforesaid B. five marks of rent with the appurtenances in A. in the County of S. and all the Manor of D. with the appurtenances in the same County as in his demeasnes To have and to hold to the same B. and E. his wife and the Heirs of the bodies of them the said B. and E. issuing of the chief Lords of the Fee for ever doing therefore all the services which unto the aforesaid tenements should belong And the aforesaid C. and his Heirs did warrant to the same B. and E. and their Heires aforesaid all the aforesaid Manors with their appurtenances by the aforesaid services against all Nations for ever And if it happen that the aforesaid B. and E. should die without Heir of the bodies of them the said B. and E. begotten then after the decease of the aforesaid B. and E. the aforesaid tenements with the appurtenances unto the aforesaid C. and his Heirs should be wholly reverted quite from other Heirs of them the said B and E. for ever And now by the insinuation of R. and K. Cozens and Heirs of the aforesaid C. we have received that the aforesaid B. and E. are now dead and that I. Son and Heir of the fame B. and E. died without Heir of his body begotten and also W. Son of the aforesaid B. and E. Brother and Heir of the aforesaid I. is now dead without Heir of his body issuing And that one I. which was the wife of I. W. into the aforesaid Manor of D. with the appurtenances now is entred and doth hold it against the form of the Fine aforesaid And therefore we commanded you that by honest c. you should cause to know to the aforesaid I. that he should be before c. tali die to shew if any thing c. wherefore the aforesaid Manor with the appurtenances to the aforesaid R. and K. Cozens and Heirs of the aforesaid C. should not revert if it had seemed expedient to him and for that that the same K. afterward in our said Court being come and having said that the aforesaid R. prosecuted execution of the Fine aforesaid of the moiety of the Manor aforesaid of D. with the appurtenances against the aforesaid I. the same
I. tali die came in our said Court and saith that she doth hold the Manor aforesaid of B. with the appurtenances by the name of the Manor of R. by the demise of N. C. and that the reversion thereof by the death of the aforesaid I. unto the aforesaid N. belongeth without whom he cannot answer to the aforesaid R. of the aforesaid moiety of the Manor aforesaid and prayeth aid of him the said N. And therfore we command you that by honest c. you cause to know to the aforesaid N. that he be c. to answer to the aforesaid R. together with the aforesaid I. in the aforesaid Plea if he will and have you c. A Mittimus of the Transcript of the Fine and a Scire Facias thereupon THe Soveraign Lord the King hath sent to his Justices this his close Writ in these words Edward c. reciting all the Writ the Tenour of the aforesaid Fine whereof in the Writ aforesaid mention is made or thus The Transcript of the aforesaid Fine whereof in the Writ aforesaid mention is made followeth in these words This is the finall Concord c. reciting all c. And now to wit tali die in that same Term came here in Court A. on Scire Facias for the Heir of him in remainder against the terre tenant the behalf of the aforesaid T. and saith that the aforesaid R. is dead and likewise that the aforesaid W. died without Heir-Male of his body begotten and that I. into one Messuage c. with the appurtenances which are parcell of the Manor aforeâ—aid is now entred and holdeth it against the form of the Fine aforesaid And prayeth a Writ to the Sheriff of S. to be directed to forewarn the aforesaid I. to be here to shew if he hath any thing c. wherefore the same Messuages c. with the appurtenances which the said T. claimeth in form aforesaid after the death of the aforesaid W. to the aforesaid T. being Cozen and Heir of the aforesaid R. ought not to remain according to the form of the Fine aforesaid for as much as the aforesaid W. is dead without Heir-male of his body begotten and it is granted to him returnable here tale die or thus And by severall Writs Severall Scire fac into several Counties upon one Fine A Scire facias for him in the remainder to wit one to the Sheriff of the said County of B. another to the Sheriff of N. the third to the Sheriff of H. to be directed to forewarn the same I. to be here to shew c. It was commanded to the Sheriff whereas a certain Fine was levyed in the Court of the Soveraign Lord c. tali die Anno before c. Justices of him the said Soveraign Lord the King our progenitor now of the Bench between W. and I. his wife plaintiffs and I. E. deforcients of one Messuage c. with the appurtenances in L. whereof Plea of Covenant was summoned between them in the same Court to wit that the aforesaid W. did recognize the Tenements aforesaid with the appurtenances to be the right of him the said I. as those which the same I. had by the gift of the aforesaid W. and for that recognizance Fine and Concord the same I. did grant to the aforesaid W. and I. the aforesaid tenements with the appurtenances and those to them he did render in the Render to the husband and wife and to the heirs of the body of the husband same Court To have and to hold to the same W. and I. and the Heirs of him the said W. of his body begotten of the chief Lords of that Fee by the services which unto the aforesaid tenements should belong for ever and if it happen that the same W. should die without Heir of his body begotten then after the decease of them the said W. and I. the aforesaid tenements with the appurtenances should wholly remain to I. Son of the same W. and the heirs of his body Remainder in tail begotten to hold of the chief Lords of that Fee by the services which unto the afores tenements should belong for ever And if it should happen the same I. to dye without Heir of his body begotten then after the decease of him the said I. the aforesaid tenements with the appurtenances should wholly remain to the right Heirs of him the said W. to hold of the chief Lords of that Remainder to the right Heirs Fee c. ut supra And now by the insinuation of T. being Cozen and Heir of the aforesaid I. Son of W. the King received that the same W. is dead without Heir of his body begotten and that the aforesaid I. is now dead and that one A. into the tenements aforesaid with the appurtenances is now entred and those he holdeth against the form of the Fine aforesaid And for that c. that by honest c. you give the aforesaid A. to know that she should be here at this day c. to shew if she hath any thing c. wherefore the aforesaid tenements with the appurtenances which she holdeth in form aforesaid after the death of the aforesaid W. and I. his wife to the aforesaid T. as Cozen and heir of the aforesaid I. son of W. ought not to remain according to the form of the Fine aforesaid if c. for as much as the aforesaid W. dyed without Heir of his body issuing c. And now here at this day came as well the aforesaid T. by A. his Atturney as the aforesaid A. by S. her Atturney and the Sheriff returned that he had commanded I. L. Bayliff of the liberty c. to whom c. which said Sheriff thus answered that he gave the aforesaid A. to know to be here at this day to shew in form aforesaid by T. and G. honest c. And hereupon the aforesaid T. saith that he is Cozen and Heir of the aforesaid I. being Son of W. to wit Son of I. being Son of him the said I. being Son of W. and prayeth against the aforesaid A. execution c. Cozenage And hereupon the aforesaid W. H. saith that the aforesaid W. Brother of G. in the Fine aforesaid named at S. in the County of N. taking one E. P. to him to wife and the same E taking him the said W. to her husband they were together betrothed and after banes between them upon three holy dayes being distant from themselves in the Church c. publickly proclaimed the spousals between them in the face of that Church was celebrated within which spousall the same W. and E. had issue between themselves T. at H. in the same County of N. begotten and born which said T. at T. in the County of N. in the Church of Saint A. there took unto wife one N. and the same T. and N. after the spousall between them there celebrated had issue between them one H.
as of Free-hold nor was at the day of the obtaining of the aforesaid Writ of the said Scire facias or ever afterward And this he is ready to verifie whereupon as to that Rent with the appurtenances he prayeth Judgement of the Writ c. And the aforesaid P. Son of P. as to the said Rent of 100. shillings saith that the day of the obtaining of his Writ of Scire facias to wit the day c. year c. the aforesaid T. R. was tenant as of Free-hold of twenty Acres of Land with the appurtenances in the aforesaid Town of H. whence that Rent with the appurtenances encreaseth And saith that the same T. then was deforcient of the same Rent with the appurtenances as of Free-hold as by the same writ is supposed And prayeth at his perill execution of the same Rent with the appurtenances against him to be adjudged c. therefore c. as to that Rent with the appurtenances it is considered that the aforesaid P. son of P. have thereof execution at his perill against the aforesaid T. R. by virtue of the Fine aforesaid c. And as to the aforesaid eight Acres of wood with the appurtenaeces whereof c. the same P. son of P. saith that at the time of the levying of the Fine aforesaid The aforesaid T. and G. who were parties to that Fine were seised of the same wood with the appurtenances whereof c. in their demeasne as of Fee c. as by the same it is supposed And this he prayeth that it may be enquired by the Countrey and the aforesaid T. R likewise therefore as to this issue 12. c. Know you that it is considered in our Court c. that P. B. son and Heir of P. B. have execution against T. R. of 100. shillings of rent with the appurtenances in H. by virtue of a Fine thereof levyed in the Court of the Soveraign C. late King c. at W. in eight c. in the year c. before W. B. and his Associates then Justices of the same c. of the Bench between R. c. plaintiff and T. P. and B. his wife deforcients of the rent aforesaid with the appurtenances and of other Lands and Tenements in the same Fine contained by default c. And therefore we command you that to the same P. of the rent aforesaid with the appurtenances without delay plenary execution and seisin you cause to have T. c. Know you that it is considered in the Court c. that R. son and heir of R. have seisin and execution against R. D. of the Manor of A. with the appurtenances in your County by the default of the aforesaid R. by virtue of a note of a certain Fine lately levyed in the Court of the aforesaid C. late King c. at Westminster tali die Anno c. before R. B. and his Associates Justices of the aforesaid late King of the Bench and afterward in eight c. in the Habere facias seisinam sur recovery upon default in a Scire fac year c. there granted and recorded before the same Justices and others faithfull of the same late King then there present between R. of A. c. plain tiff and I. of S. and E. his wife deforcients of the Manors of O. and R. with the appurtenances in the County of N. and of the aforesaid Manor of A. in your County And therefore we command you that to the same R. son of R. of the aforesaid Manor of A. with the appurtenances without delay plenary sesin and execution you cause to have T. c. Afterward die loco c. came the within-named Recite of â— Feme Covert upon her busbands default R. W. in his proper person and the within named W. N. being solemnly exacted came not but I. the wife of the same W. within named in her proper person came and saith that the Manors within specified are the right of het the aforesaid I. and that she is ready to shew that the aforesaid R. W. execution of those Manors by virtue of the fine within written ought not to have whereupon she cometh before Judgement yeelded being ready thereof to answer to the aforesaid R. and to defend her right and prayeth that she by the default of the aforesaid W. her husband may not lose thereof her right but that she may be admitted thereof to the defending of the right of her the said I. c. Certain causes of the nature and form of a Scire Facias upon a Fine Surplusage ANd a Scire Facias to execute a Fine must agree with the Fine and then it is not materiall if one thing be twice demanded therby as a Manor and a hundred parcell of the same Manor 27 H. 8. 2. Vpon the note A Scire facis may be sued upon the note of the Fine before it be ingrossed by the Chirographer 22 H. 6. 13. A fine before memory Of Land in in lieu of the services But of a Fine levyed before time of memory a man shall not have execution by Scire facias 1 E. 4. 6. Contr. 16 H. 7. 9. Where a Fine executory is levyed of a Seigniory if the Land escheate or the Tenant be fore-judged c. the Cognisee shall have a Scire facias of the Land in lieu of the services 48 E. 3. 11. A Mittimus maketh no mention whether the Fine be ingrossed or no but whereas a certain Fine was levied c. 22 H. 6. 13. If a Fine be levyed to A. in tail the remainder to B. in tail the remainder to C. in Fee And the Record is sent into the Chancery and the first tenant in tail dieth without issue the Record commeth back into the Bench by Mittimus at the suit of him in the first remainder and thereupon he had a Scire facias to execute the Fine and died without issue before execution had he in the remainder in Fee shall not hereupon have a Scire facias without a new commandement because the Record was once out of the Court and come again at the suit of him in the first remainder unto whom he in the remainder in Fee is an estranger yet the issue of him which removed the Record in this case might have a Scire facias without any new commandement because he is privy 14 H. 7. 16. 9 E. 4. 15. 11 E. 4. 13. If two sue a Scire facias to execute a Fine and the one dieth the survivor shall have a Scire facias without any new commandement 1 E. 4. 13. But if divers persons as Heirs unto A. B. pray a Scire facias it is not grantable untill they have sued severall Writs to the Justices of the Bench commanding them to make execution 11 E. 4. 13. T 21 E. 4. Coment Cozen and Heir In a Scire facias to execute a Fine as Cozen and Heir to him in the remainder or reversion
dayes of Saint Michael last past before E. A. Knight and his Associates our Justices of the Bench aforesaid by our Writ of Covenant between c. of c. we command you the transcript of the Record and Process of the fine aforesaid with all things concerning those which in your custody are as it is said to us under your Seal distinctly and openly ye send and this Writ c. that looking into the transcript of the Record and Process of the fine aforesaid we may c. And note that a Writ of Error is not maintainable by an Infant to reverse a fine for his Infancy but during his Infancy 50 E. 3. 4. 17 E. 3. 52. 78. 27. lib. Ass 53. For what Errors Fines and Proclamations be not reversable NO Fines or Proclamations upon fines or common recoveries shall be reversable by Writ of Error for false or incongrunous latin razure interlining misentring of any warrant of Atturney or of any Proclamation misreturning or not returning of the Sheriff or other want of form of words and not of matter of substance 23 Eliz. ca. 3. Of error in the Proclamation of a fine IF error be in the Proclamation of a fine they shall be reversed by Plea without Writ of error but that fine nevertheless remaineth of good force still for they are severall matters of Record yet if error be in the fine the Proclamations are void because the fine is the first Record whereupon the Ploclamations depend and sublato subjecto tollitur accidens Plo. 266. a. Dyer fol. 216. pa. 54. 4 Eliz. Of a Certiorari IF a man have recovered and before he have execution the Records thereof be removed into the receipt or treasury the plaintiff may have a Certiorari out of the Chancery to the Chamberlain and Treasurer to remove the tenor of the Record and Process thence into the Chancery And when it is there it may be sent thence by Mittimus into the Court whence it came as the uper Bench if it came thence or into the Common-place if it came thence and there may execution be sued 37 H. 6. 16. A Certiorari with a Mittimus to renew a fine bearing date before the fine come into the Chancery is good enough 1 R. 3. 4. In a Writ of error to reverse a fine the Record it self shall not be removed but the transcript thereof because a Record which commeth into the upper Bench shall not be remanded And if the Judgement be affirmed there is no Chirographer to ingross the fine 40 Ass 19. 29. Ass 43. Yet 5. Mary it is holden that in a Writ of error upon a fine the Record it self shall be certified so that no more Proclamations shall be made thereupon for if it be reversed that endeth all and if the fine be affirmed the Record shall be sent into the Common-place by Mittimus to be Proclaimed and ingrossed for if the transcript only should be removed they might nevertheless proceed in the Common place B. tit Rec. 79. Ideo quaere A Certiorari of the transcript of the foot of a Fine OLiver c. To the Treasurer and Chancellors greeting because for some certain causes we will to be certified or willing for certain causes to be certified or for some certain causes to be certified upon the tenor of the foot of a certain fine levyed in our Court before our Justices long ago or last itinerate at N. in Com. tali by our Writ or in the Court of the Soveraign Lord Ch. late King of England c. in the year c. before I. and his Associates then Justices c. of the Bench by his Writ between A. Demandant and B. Tenant of one Messuage with the appurtenances in N. we command you that you search in the Feet of the fines of the same * Iter signifies a journey or voyage c. circuit at the time aforesaid levyed or of the fines before the aforesaid Justices in the year aforesaid levyed which are in our Treasury under your custody as they say the transcript of the foot of the fine aforesaid to us into our Chancery under the Seal of our Exchequer distinctly and openly without delay you send And this Writ Teste c. Otherwise of the tenor of the note of a Fine OLiver c. To his beloved Clerk W. greeting We willing c. upon the tenor of the note of a certain fine levied c. Anno c. between A demandant and C. Tenant c. we command you that you search in the notes of the fines remaining in your custody a transcript of the note aforesaid to us in our Chancery under your Seal distinctly and openly without delay you send and this Writ T. c. Otherwise before Justices now of the Bench. A Fine levyed in our Court in the year c. before W. and his Associates then our Justices of the Bench by our Writ between c. A Mittimus of the Transcript of a Fine out of the Chancery into the Common place OLiver c. hath sent to the Justices here his Writ close in these words Oliver c. To his Justices of the Bench greeting the transcript of the foot of a certain fine levyed in the Court c. before R. H. and his Associates then Justices c. of the Bench at Westm by his Writ between G. P. and I. his wife plaintiffs and S. P. desorcient of the Manor of C. with the appurtenances to us in our Chancery of our mandate sent to you we send in these presents intercluded commanding that by the inspection aforesaid for the further prosecution of I. L. and M. his wife being one and T. U. and T. his wife being another and also of H. B. third Cozen and Heir of the aforesaid G. and I. of their bodies be gotten you cause to be done that which of right and according to the Law and custome of our Common-wealth of England ought to be done witness my self at Westminster the eighth day of I. in the year c. The transcript of the foot of the fine whereof mention is made in the Writ aforesaid followeth in these words This is the finall Concord made in the Court of c. at Westm in eight dayes of Saint Michael in the year c. before R. H. W. B. P. M. W H. L. T. and H. S. Justices and other faithfull then there present between G. P. and I. his wife plaintiffs by W. F. put in the steed of them to Atturney in the fine gain or lose and S. P. deforcient of the Manor of C. with the appurtenances whereof Plea of Covenant was summoned between them in the same Court to wit that the aforesaid G. hath recognized the aforesaid Manor with the appurtenances to be the right of him the said S. as that which the same S. hath of the gift of the aforesaid G. And for this Recognizance fine and Concord the same S. hath granted to the aforesaid G. and I.
now in of a new estate Fitz. Nat. fo 135. a. So if A. disseise B. and enfeoffe C. with warranty who infeoffeth D. with warranty upon whom an estranger entreth in whose possession B. the disseisor releaseth his right now all former warranties are extinct And albeit D. is impleaded yet shall he not have warrantia Chartae because he is in of another estate by wrong Fitz. Nat. 135. g. 11 H. 6. 41. 22 H. 6. 22. Release by Jointenant If there be three joynt tenants and the one release to the rest they may deraign the former warranty by vowcher or warrantia Charitae for they be in a 3. part by the release 40 E. 3. 41. Villenage Warrantia Chartae lyeth against a villain 48 E. 3. 17. The Writ of Warrantia Chartae must be sued hanging the principall Plea and before Judgement as of Assise or Entry in the nature of assise 48 E. 3. 2â— Registr orig fo 158. a. for then if the warranter do die yet the Writ shall not abate but his Heir shall be resummoned to answer upon the same yet may a warrantia Chartae be sued before he be impleaded quia timet implacitari and the plaintiff shall recover in value pro loco tempore of such Lands as the defendant had at the purchasing of the Writ Fitz. Na. f. 134. E. 12 H. 4. 12. 21 H. 6. 41. 22 H. 6. 22. 24 E 3. 35. But he must not have execution but if afterwards he be put out by Judgement he shal have his warranty upon his first recovery 21 H. 6. 41. 21 H. 6. 22. 12 H. 4. 12. Non tenure In warrantia Charitae it is a good Plea for the defendant that hanging the Plea the demandant in the principall Plea hath entred upon the plaintiff being then tenant of the Land or that the plaintiff in this action had nothing in the Land the day of the first Writ purchased nor at any time after 21 H. 6. 49. 3 E. 3. 4. 5 E. 3. 5. County Warr. Chartae may be brought in any County if the deed bear not date in a place certain 31 E. 3. Tenant in Common Tenants in Common may joyn in Warrantia Chartae 28 E. 3. 90. Count by Baron Feme upon a fine with warranty I. H. Son and Heir of Isabel which was the wife of R. was summoned to answer I. T. and I. his wife of a Plea that they warrant to them one Messuage with the appurtenances in S. which of him he holdeth and of him claymeth to hold and whereof the Charter of Isabel Mother of the aforesaid I. H. whose Heir he is he hath c. and whereof c. he saith that a certain fine he levyed in the Court of the Lord Protector now in 8. dayes of Saint Hillary in the year c. before T. B. and his Associates then Justices of c. of the Bench between them the said I. T. and I. plaintiffs and R. of B. and the aforesaid Isabell then his wife deforcients of the Messuage aforesaid with the appurtenances among other Lands and tenements by Inter alia per nomen the name of c. with the appurtenances in S. in the County aforesaid by which fine the aforesaid R. and I. have granted for themselves and the Heirs of him the said I. that 4. Acres of land A fine of the reversion with the appurtenances of the aforesaid tenement which G. and M. his wife held for term of the life of her the said M. of the inheritance of the aforesaid Isabel in S. aforesaid the day that this Concord was made and which after the decease of her the said M. unto the aforesa R. and I. and the Heirs of her the said Isabell ought to have reverted after the decease of her the said M. wholly should remain to the afore-I and I. and his Heirs aforesaid to hold together with the aforesaid tenement which to them by that fine remained of the aforesaid R. and Isab and the Heirs of her the said I. by the aforesaid services as aforesaid for ever And Tail the same R. and Isab likewise have granted for themselves and the Heirs of her the said I. that they would warrant to the aforesaid I. and I. and their Heirs the aforesaid tenements with the appurtenances as aforesaid against all men for ever And if it should happen that the same I. and I. should die without Heirs of their bodies issuing then after the decase of them the said I. and I. the aforesaid tenements with the appurtenances as aforesaid should wholly revert unto the aforesaid R. and I. and the Heirs of her the said I. quite from other Heirs of the aforesaid I. and I. to hold of the chief Lords of that Fee by the services which unto the aforesaid tenement do belong for ever and the aforesaid R. and I. afterwards died whereby unto them the said I. T. and I. belonged to have of the aforesaid I. H. as son and heir of him the said I. his warranty aforesaid And one I. R. arraigned a certain assise of novell disseisin before T. W. and I. Justices of the Lord Protector now at the Assizes in the County aforesaid assigned to be taken against them the said I. T. and I. of the aforesaid tenementse and the same I. T. I. have often required him the said I. H. as son and Heir of her the said Isab to warrant to the same I. T. and I. the aforesaid tenements and the same I. H. those tenements so to warrant hath denyed and as yet doth deny whereupon they say that they are the worse and have damage unto the value of 100 l. And thereupon they bring sute c. A Count upon a deed with warranty I. T. was summoned to answer H. W. of a Plea that he render to him one Messuage c. with the appurtenances in B. which of him he holdeth and of him doth claim to hold and whereof he hath his Charter and whereupon c. he saith that whereas the aforesaid I. was seised of the tenements aforesaid with the appurtenances in his demeasne as of Fee and so thereof being seised by his certain Charter which the same H. here in the Court bringeth forth the date whereof at B. tali die Anno. c. did give grant and confirm to the same H. the Tenements aforesaid with the appurtenances Inter alia per nomen amongst other Lands c. by the name as in the Deed c. to have to the same H. His Heirs and assignes for ever and did bind himself and his Heirs to warrant to the same H. his Heirs and Assignes the tenements aforesaid with the appurtenances against all men for ever And the same H. by virtue of that gift oâ— the tenements aforesaid was seised in his demeasne as of Fee and one T. arraigned against him the said H. an assise of novel disseisin of the aforesaid Messuage and Lands with
as at any time had been in the first or second vouchee or any of them or either of their ancestors whose Heirs he or they are of such estate and as well of every reversion thereon dependant as also of all Leases Estates Charges and Incumbrances derived out of any such reversion or remainder Of What things Writs of Entry may be brought and by what means PRecipe quod reddat lyeth of one Acre of Land covered with water or of an Acre of Land 12 H. 7. f. 4. of a water pit 10 Ed. 3. and 14. E. 3. 482. Fitz. Nat. br fô 191. H. and of a passage beyond the water Fitz. Na. br fo 191. I. of a Bailywick 34 E. 3. 423. of an office 27 H. 8. f. 12. of the Advowson of a Church or of the fourth part of Tythes 34 E. 3. of a Portion of Tythes Dyer fo 84. pl. 83. of a certain parcell of Land Dyer fo 84. pl. 83. of the wardship of Land and of an Heir or of the wardship of Land Register 161. 22 E. 3. fo 19. Precipe quod reddat lyeth of all manner of Ecclesiasticall or spirituall profits as of a Rectory Vicarage Portions Pensions Tithes c. by the Statute of 32 H. 8. cap. 7. of all and all manner of Tythes greater mixt and lesser within the Town Hamlet of B. in the County of A. by whatsoever mean growing hapning and yearly renewing c. Thel li. 8. ca. 9. 8. 2. of the fourth part of disines and offerings of the Church of S. P. c. 16 E. 3. In old time de hida terrae per Glanvile de carucatu terrae 4 E. 3. 161. de bovat terrae 6 E. 3. 291. of 6. foot of Land in length and four foot in breadth 14. Ass 13. A Precipe quod reddat lyeth of a Toft and of the scite of a Mill 14 E. 3 of the Hundred of C. and of the Bailywick of B. 34 E. 1. 3 E. 3. of pasture for 6. oxen 3 E. 3. fo 23. 4 E. 2. of a Rod of Land 3 E. 5. of an Advowson 34 E. 1. of a certain portion of Land 11 H. 4. fo 40. 5 H. 7. fo 9. of the moiety of one Rod of Land 41 E. 3. of a Shop Registr fo 2. a. of 4. Acres of Heath 11 Ass 13 of turbary by the name of More 8 E. 3. fo 387. and it lyeth in a Town and not in a Hamlet 8 E. 3. fo 55. 7 E. 3. 3. 6. Of what things a Writ of Entry lyeth not A Praecipe quod reddat lyeth not of a ditch nor of a Pool nor of a Fish-pond 8 E. 3. 381. nor of the Advowson of the Tythes of one wayn-land Registr fo 29. nor of Common of pasture 27 H. 8. fo 12. of estovers 2 E. 3. of Homage and Fealty nor of services to be done 6 E. 2. A Praecipe quod reddat lyeth not de Boveat Marisci 13 E. 3. fo 3. of a ridge of Land E. 1. for the incertainty because a felon or a ridge which is a Land sometime containeth an Acre sometime half an Acre sometime more and sometimes less It lyeth not of a Garden Cottage or Croft 14 Ass 13. 8 H. 6. 3. 22 E. 4. 13. of a Rod of Land 41. 43. 13 E. 3. of a Quarrey of a Mine of a Market 13 E. 3. for they lye not in demesne but in gain nor of an upper Chamber 3 H. 6. fo 1. A Writ of Entry ought not to contain one self thing twice as a Messuage and a house parcell of the same Messuage 3 E. 4. fo 28. 46 E. 3. 26. Nor to name a Town and a Hamlet within the same Town 22 E. 3. fo 14. 41 E. 3. fo 22. In every warrant of Atturney it is good to put two Atturneys at the least for fear of death In a County Palatine as Lancaster Duresme Chester c. may be put in a warrant one Atturney and one of the Justices Clerks If the Writ of Entry be returnable Crastino Martini the Writ of Summons ad warr thereupon must bear teste from that return of Crastino Martini and be returnable 9. returns after the return of the Writ of entre inclusive that is accounting Crastino Mar. for one of the 9. returns tres Paschae which is the 9. return after Crasti Martini for another And the Teste of the Writ of seisin must be the day of that ninth return and be returnable 15. dayes after Then the Writ of seisin may be retutned that seisin was delivered by virtue thereof to the demandant by the Sheriff of the County where the Lands lye upon any day not being Sunday between the Teste and return of the said Writ of seisin Then the Writs of Entre Summons and Seisin must be returned and field with the Custos brevium and the Judgement entred by the Prothonatory and the warrants of Atturney by the Clerk of the warrants If a single Recovery and a Fine be against the tenant the Writ of Entry must bear date and teste before the Writ of Covenant and be returned before If a Writ of Covenant be brought against the tenant and a Writ of Entre against the demandant then the Writ of Covenant must bear date and be returned before the Writ of Entre and this is called a double voucher A Certiorari to the Executor of the Justice before whom the warrrants were acknowledged OLiver c. to his beloved I. R. executor of the testament of Fr. R. lately one of our Justices of the Bench greeting We being willing for certain causes to be certified as well upon a certain warrant of Atturney by which H. S. did put in his stead W. B. and R. C. joyntly and severally against R. P. otherwise W. and R. H. of a Plea of Land in the County of E. as upon one other warrant of Atturney whereby H. L. and I. L. whom the aforesaid H. S. called to warranty did put in their places A. B. and F. R. joyntly and severally against the aforesaid R. and R. H. of a plea of Land in the said County of E. by the aforesaid F. R. lately taken and in your Custody being by reason of the execution of the testament aforesaid as it is said We command you that the warrants aforesaid to our Justices of the Bench at Westminster under your Seal distinctly and openly without delay you send and this Writ that the same Justices looking into the warrants aforesaid further in our Writ of Entre hanging before our aforesaid Justices at Westminster between the aforesaid R. and R. H. and the aforesaid H. and S. of one Messuage c. with the appurtenances in T. and D. in the County aforesaid and process thereof may cause to be done that which of right and according to the Custome of our Commonwealth of England ought to be done witness my self at Westminster the day of 〈…〉 in the year c. It is returned thus THe answer of the within named
I. R. unto this Writ The execution of this Writ appeareth in a certain Schedule to this Writ annexed York ss Command H. S. that justly c. he render to R. P otherwise W. C. and R. H. one Messuage c. with the appurtenances in T. and D. which he claimeth c York ss H. S. putteth in his place W. B. and R. C. joyntly and severally against R. P. otherwise W. and R. H. of a Plea of Land Taken and knowledged at W. in the County of Y. the 18. day of Feb. in the year c. I. R. A Recovery with single voucher York ss COmmand G. C. Esquire that justly c. he render to R. C. and R. I. one Messuage and four Acres of Land with the appurtenances in T. which he claimeth c. and into which c. And unless c. G. C. puts in his place N. M. and M. M. his Atturneys joyntly and severally against R. C. and R. I. of a Plea of Land A Recovery with double voucher Derb. ss COmmand N. L. M. his wife that justly c. they render to T. S. and T. C. the Manors of N. M. and P. with the appurtenances and 30. Messuages 30. Tofts 5. Mills 30. Gardens 30. Orchards 100. Acres of Land 1000. Acres of Meadow 500. Acres of pasture 40. Acres of Wood 1000. Acres of Moor 200. Acres of Ling and Heath and 3. pounds rent with the appurtenances in N. M. P. P. and B. which they claim to be their inheritance and into which the same N. and M. H. have not entre but after the disseisin which H. H. thereof unjustly and without judgement hath made to the aforesaid T. and T. within 30. years now last past c. as it is said whereupon they complain c. And unless c. Derb. ss N. L. and M. his wife do put in their place T. B. and W. B. their Atturneys joyntly and severally against T. S. and T. C. of a Plea of Land to gain or loss W. B. and T. F. whom N. L. and M. Derb. ss his wife do call to warranty do put in their place P. P. and Q. Q their Atturneys joyntly and severally against T. S. and T. C. of a Pea of Land to gain and lose A Recovery with a treble voucher Essex ss COmmand R. B. and C. S. that justly c they render to A T. Esquire the Manors of B. and Q. with the appurtenances and 20. Messuages 12. Tofts 4. Dove-houses 30. Gardens 1000. Acres of Land 100. Acres of Meadow 100. Acres of pasture 200. Acres of Lyng and Heath 100. Acres of Moor and 30. shillings one half penny rent and the rent of one pound and a half of Pepper and of one Corn of Pepper with the appurtenances in B. and Q. And free fishing in the water of W. and also the Advowson of the Church of B. which they claim c. Essex ss R. B. and C. S. do put in their place W. W. and R. R. their Atturneys joyntly against A. T. of a Plea of Land Essex ss M. M. Gent. whom R. B. and C. S. call to warranty do put in their place I. I. and L. L. their Atturneys joyntly and severally against A. T. of a Plea of Land Essex ss G. W. Gent. whom M. M. doth call thereof to warranty doth put in his place R. G. and R. S. their Atturneys joyntly and severally against A. T. of a Plea of Land A Recovery of an Advowson in the County Palatine of Chester PLeas of Chester before R. T. Knight Justice of c. at Chester of the Session holden there Wednesday the last day of Sept. in the year c. Chester ss H. S. Esquire by T. B. his Atturney demandeth against H. D. Esqu the Advowson of the Church of T. which to him he hath unjustly deforced c. And whereupon he saith that himself was seised of the Advowson of the Church aforesaid as of Fee and right within thirty years now last past in the time of peace in the time of the Soveraign Lord Charles late King of England and so thereof being seised the same time unto the same Church presented one R. A. his Clerk who unto that presentation was admitted instituted and inducted in the same by taking thereof exlec as in greater Tythes lesser Tythes oblations and obventions to the value c. as of the right of his Church aforesaid c. And that such is his right he offers c. All the parts of a recovery in a writ of right de praecipe in capite Exemplified OLiver c. To all unto whom these present Letters Patents shall come Know ye that I. Earl of S. in our Court before our Justices at Westminster by our Writ of right of a praecipe in capite hath demanded against T. B. the elder and I. his wife the Manor of C. with the appurtenances and one Messuage 50 Acres of Land 50. Acres of Meadow c. with the appurtenances in C. B. H. neer T. as his right and inheritance which said Writ together with the return of the same and the plea upon the same Writ with all other things touching that Plea followeth in these words The Writ OLiver c. To the Sheriff of Heref. greeting Command T. B. the Elder and I. his wife that justly and without delay they render to I. Earl of S. the Manor of C. with the appurtenances and one Messuage c. with the appurtenances in C. B. and H. neer T. which he claimeth to be his right and inheritance and to hold of us in Capite And whereupon he complaineth that the aforesaid T. and I. him unjustly do deforce unless they shall do it and the aforesaid Earl shall make you secure for prosecuting his plaint then summon by good summoners the aforesaid T and I. that they may be before our Justices at Westminster from the day of Easter in fifteen dayes to shew wherefore they did it not And have you there the summoners and this Writ witness my self at Westminster the second day of April in the year c. Pledges of prosecuting R. D. and I. R. The Answer of I. S. Knight Sheriff Summoners of the within written T. B. and I. his Return thereof wife H. F. and R. L. Pleas at Westminster before I. P. and his Associates Justices of the Lord Protector of the Bench of the Term of Easter in the year of our Lord 1654. Rotulo CCLXIII The demandant Heref. ss John Earl of S. by I. S. his Atturney demandeth against T. B. the Elder and I. his wife the Manor of C. with the appurtenances and one Messuage c. with the appurtenances in C. B. and H. neer T. by a Writ of the Lord Protector of Praecipe in Capite c. And whereupon The Count. he saith that himself was seised of the Manor Messuage Lands c. with the appurtenances in his demeasne as of Fee and right in the time of
peace in the time of the Protector by taking thereof expletion to the value c. that such is his right he offers c. The defendant And the aforesaid T. and I. by W. B. their Atturney came and do defend the right of the aforesaid Earl and their seisin and chiefly of the Manor Messuage c. to him do warrant c. And hereupon the aforesaid Earl demandeth The demandant against him the said W. P. the Manor Messuage c. with the appurtenances in form aforesaid c. And whereupon he saith that he himself was seised of the aforesa Manor Messuage c. with their appurtenances in his demeasne as of Fee and right In the time of peace in the time of the Lord Protector now by taking thereof expletion to the value c. And that such is his right he offers c. And the aforesaid W. P. tenant by his warranty The defence defendeth the right of the aforesaid Earl and his seisin and chiefly of the Manor Messuage Lands c. with the appurtenances and all c. And he puts himself thereof on the Issue to be tryed by the grand Assize Grand Assize of the Lord Protector and demandeth a recognizance to be made whether he hath more right to hold the Manor Messuage Lands c. with the appurtenances as tenant by his warranty as he holdeth them or the aforesaid Earl to have the Manor Messuage Lands c. with the appurtenances as he above demandeth them c. And the aforesaid Earl Imprlance prayeth license of imparling c. And he had it c. Default Judgement And afterwards the same Earl by his Atturney aforesaid came again here in Court and the aforesaid W. P. although was solemnly called came not again but in contempt of the Court made default Therefore it is considered that the aforesaid Earl do recover his seisin against the aforesaid T. and I. of the aforesaid Manor Messuage c. with the appurtenances to hold to the same Earl and his Heirs quite of the aforesaid T. and I. and his Heirs for ever And the aforesaid T. and I. may have of the Lands of the aforesaid W. P. to the value of the Manor Messuage Lands c. aforesaid with the appurtenances And the aforesaid W. P. in mercy c. The warrant of Atturney thereof followeth in these words HEref ss John Earl of Shrewsbury puts in his place I. S. against T. B. the Elder and I. his wife of a Plea of Land Heref. ss T. B. the Elder and I. his wife puts in their place W. B. against John Earl of Shrewsbury of a Plea of Land All and singular which things at the request of the aforesaid Earl we have caused to be exemplified and our great Seal which we use for such exemplifications and also for all manner of Judiciall Writs out of the Bench aforesaid issuing forth to be sealed we have caused to be put to these presents Witness O. Saint John at Westm the 28. day of May in the year c. A remission to the Court in a Writ of right TO the Lord Protector c. for that A. in our Court before your Justices of the Bench by your Writ of right D. E. of one Messuage with the appurtenances in S. which of me is holden by my license mediating doth purpose to implead to your Highness by the tenor of these presents I signifie that I have remitted my Court to you thereof in this behalf Saving to me otherwise the right of the Lord in the like case when it shall happen In testimony of which thing these my Letters Patent I have caused to be made Sealed with my Seal dated the third day of May in the year c. The Exemplification of a Recovery inrolled OLiver L. Protector of the Commonwealth of Eng. Ireland Scotl. and the dominions thereunto belonging c. To all to whom these our present Letters shal come greeting Know ye that among the inrolments of Writs and other things depending for common Recoveries according to the form of the Statute of the term of Easter at Westminster in the year c. in Roll the first it is thus contained The Doctor which took the affidavit for the value Essex ss Oliver c. to the Sheriff of Essex greeting Command I. W. I. S. that justly and without delay they render to Jo. St. and R. P. four Messuages 4. Gardens 200. Acres of Land 100. Acres of Meadow 300. Acres of pasture 40. Acres of Wood and 300. Acres of Lyng and Heath with the appurtenances in B. T. T. C. D. and H. which they claim to be their right and inheritance And into which the same I. W. I. S. have no entry but after the disseisin which H. H. therof unjustly without JudgemeÌ„t hath made to the afores I. S. T. within 30 years now last elapsed as they say And whereupon they complain that the aforesaid I. W. and I. S. them do deforce And unless they shall do it and the aforesaid I. S. and T. H. shall make you secure for prosecuting his plaint then summon by good summoners the aforesaid I. W. and I. S. that they be before our Justices at Westm from the day of Saint Michael in 15. dayes to shew wherfore they wiâ—l not do it And have you there the summoners and this Writ witness my self at Westminster the 24. day of Septtember Summoners The Sheriffs name in the year c. Gibon Pledges Pledges of prosecuting John Doo Richard Roo Summoners John Den Kich Fen. G. T. Esq Sheriff ss Oliver L. Protector c. to the Sheriff of Essex greeting sum by good summoners E. W. Esq his wife that they be before our Justices at West from the day of S. Hillary in 15. dayes to warrant to Joh. W. and I. S. four Messuages 4. Gardens 300. Acres of Land 100. Acres of Meadow 300. Acres of pasture 40. Acres of Wood and 300. Acres of Lyng and Heath with the appurtenances in B. T. T. C. D. and H. which John St. and Tho. P. in our Court before our Justices at Westm do claim as their right by our Writ of Entry upon disseisin in le post against them And whereupon the same Joh. W. and I. S. in our said Court have called the aforesaid Edm. and John summoners in your County to warrant against them And have you there the summoners and this Writ T. I. D. at Westm the 16. day of Octob. in the year c. * Lone Summoners John Den Rhichard Fen. * T. L. Esq Sheriff ss The prothonatorie in whose office it is entred Summoners The Sheriff The warrant of Atturney * Joh. St. and Tho. do put in their stead E. E. against John W. and I. S. of a Plea of Land ss Iohn W. and I. do put in their place I. A. against Iohn S. and Tho. P. of a Plea of Land ss Edm. W. Esq and Io.
his wife whom Iohan W. and I. S. do call to warranty do put in their place R. C. against Io. S. and Tho. P. of a Plea of Land all and singular which things at the request of W. W. Gent. by the tenor of these presents we have drawn to be exemplified In testimony of which thing our Seal unto the Writs in the Bench appointed to be Sealed by these presents we have caused to be put T. F. W. P. and F. R Justices of the Bench aforesaid at Westm the 16. day of June in the year of our Lord 1654. M. The Judges which examined their inrolment M. W. P. R. A pardon of alienation upon Lands by a Writ of Entry recovered OLiver c. to all to whom c. greeting Whereas our welbeloved and faithfull T. Duke of Norfolk Earl Marshall of England and Knight of the Noble Order of the Garter and our beloved and faithfull W. C. Knight our chief Secretary K. Knight lately to to wit in the term c. in the year c. have recovered against our welbeloved and faithfull Counsellor N. B. Knight Lord Keeper of our great Seal of England of his assent and at his request by our Writ of Entry upon disseism in le post according to the course form and use of Common Recoveries the Manor of Redgrave c in our County of Suffolk to divers severall uses intents conditions and purposes specified and declared in certain Indentures made between him the said N. on the one part and the aforesaid Duke W. R c. of the other part bearing date the second day of October in the year c. as by the same Indentures more fully it may appear and whereas also the the same Duke W. R. c. into the Manor Lands Tenements and other the premises with the appurtenances by virtue of the recovery aforesaid have entred our license thereof first not obtained And of the same premises were seised in their demeasne as of Fee to the uses intents and purposes in the aforesaid Indentures specified and declared which said Manors Messuages Lands tenements and other the premises of us are holden in Capite as it is said know ye that we of our speciall grace and of our certain knowledge and meer good will saving to us our homage do pardon remit and release for us our Heirs and Successors the trespasses in that behalf done and all manner of entry and entries into the aforesaid Manors Lands tenements and other the premises or any part or parcel thereof as well at the present day by what way soever made or perpetrated as hereafter by reason of any use in the aforesaid Indenture specified or declared to be made or had And furthermore we have granted and for us our Heirs and Successors as much as in us is by these presents do grant to the aforesaid Duke W. R c. that they the Manors Messuages Lands and tenements aforesaid and other the premises with all and singular their issues rents profits and appurtenances whatsoever except before excepted may have and hold to themselves and their Heirs and Assignes to the uses intents and purposes in the Indentures aforesaid contained and specified of us our Heirs and Successors by the services thereof due and of right accustomed for ever without violence molestation vexation impediment or grief of us our Heirs or Successors or of any our Justices Escheators Sheriffs Bayliffs or any other Officers Ministers or Subjects or of our Heirs or Successors whatsoever In testimony whereof c. And it is to be noted that of all licenses to alien temporall Land in Mortmain the fine to the Protector formerly to the King is five years value of the same Of all licenses to alien spirituall Land as appropriations of Churches or other spirituall Benifices the Fine is four years value thereof Of all licenses of alienation made of Lands holden formerly of the King in Capite Fine is the third part of the value the tenth deducted Of all pardons of alienation by the Kings tenant in Capite the Fine is one years value thereof Of all licenses of Marriage of the Kings widdow the Fine is the third part of the value of her dower by a year Of all pardons of the Kings widdows marryed without license the Fine is the whole value of her dower by the year The Exemplification of a Recovery with double Voucher out of the Prothonatories Office OLiver c. To all to whom these our present Letters shall come greeting Know ye that among the pleas of Land inrolled at Westminster before E. A. Knight and his associates our Justices of the Bench in the term of St. Hillary in the year c. it is contained thus York ss F. W. and R. S. in their proper persons demand against I. R. 12 acres of Meadow with the appurtenances in M. and K. as his right and inheritance and into which the same J. hath not entry but after the diffeisin which H. H. thereof unjustly and without Judgement made to the aforesaid F. R. within 30 years c. And the aforesaid Voucher J. by W. W. his Atturney came And heretofore having called to Warranty T. R. Esquire who now by the Summons to him in the County aforesaid made by T. J. his Atturney The demandant against the first Vouchee The Count. comes and gratis the aforesaid 12 acres of Meadow with the appurt to him doth warrant c. And hereupon the aforesaid Fr. and R. demand against him the said T. Tenant by his warranty the aforesaid 12 acres of Meadow with the appurtenances in form aforesaid c. And whereupon they say that themselves were seised of the aforesaid twelve acres acres of Meadow with the appurtenances in his Demeasne as of fee and right in the time of peace in the time of the now Protector by taking thereof expletion to the value c. And into which c. And thereupon produceth Vouch ouster le defence suit c. And the aforesaid T. Tenant by his Warranty defendeth his right when c. And furthermore called thereof to warranty R. H. who is present here in Court in his proper person And gratis the aforesaid 12 acres of Meadow with the appurtenances to him he warrants c. And hereupon the aforesaid F. and R. S. demandeth against him Demandant against a Vouchee the said R. H. Tenant by his Warranty the aforesaid 12 acres of Meadow with the appurtenances in form aforesaid c. And whereupon they say that themselves were seised of the aforesaid 12 acres of Meadow with the appurtenances The Count in form aforesaid in their demeasne as of Fee and right in the time of peace in the time of the now Lord Protector by taking thereof expletion to the value c. And into which c. And thereupon they produce suit c. And the aforesaid R. H. Tâ—nant by his warranty defendeth his right when c. And saith that the
Rent aforesaid with the appurtenances as by that writ to him it was commanded c. all and singular which things at the request of the aforesaid R. and R. by the tenour of these presents we have drawn to be exemplified In Testimony of which thing our Seal unto the writs in the Bench aforesaid appointed to be Sealed to these presents we have caused to be put Witnesse c. A Dedimus Potestatem to take knowledge of a warrant of Atturney of the Vouchee OL. Lord Protector to his beloved and faithfull Ra. Ro. Serjeant at law greeting whereas our writ of entry upon Disseisin in le post dependeth before the Justices of the Bench between W. S. and R. C. Gent. Demandants and G. T. Knight Lord T. Deforcient of the Mannor of W. with the appurtenances and of one Messuage 200 acres of Land 60 acres of Meadow 100 acres of Pasture 100 acres of wood 50 acres of Moor and 5 s. Rent with the appurtenances in W. and L. in the County of Salop and the aforesaid G. in our full Court there before our Justices aforesaid appearing called W. C. to warrant to him the Mannor aforesaid with the appurtenances whereuppon then and there issued forth our Summons ad warrantizandum to the Sheriffe of the County aforesaid directed against the same W. C. returnable before our Justices aforesaid in 15 daies of St. Hillary next to come And because the aforesaid W. C. is so impotent of himself and worn with age that unto VVestminster before our Justices aforesaid at the day in our said writ of Summons ad warrantizandum contained to travail is not sufficient as we have been informed We pittying the estate of the same W. in this behalf have given you power and full authority to receive the Attorney or Attorneys which the same W. C. shall constitute or put in his place before you to the warranty to be called to gain or lose in the Plea aforesaid before our Justices aforesaid and us thereof in our Chancery of the name of such Attorney or Attorneys to certifie And therefore we command you that unto the aforasaid W. C. if he be not well able to travail to you ye personally goe and his Attorney or Attorneys joyntly or severally in form aforesaid ye receive and when that Attorney or those Attorneys ye shall so receive us in our Chancery in 15 days of Saint Hillary wheresoever then we shall be under your Seal ye duly certifie sending back this writ to us T. c. It is returned thus The answer of the within named R. R. unto this writ The execution of this Writ appeareth in a certain Schedule to this Writ annexed R. R. Salop ss COmmand G. T. Knight Lord T. that justly c. he render to W. S. and R. the Mannor of W. with the appurtenances and one Messuage c. as above in the Dedimus potestatem verbatim with the appurtenances in W. L. which he claimeth c. Salop ss BEing called to Warranty doth put in his stead A. B. and F. R. joyntly and severally against W. S. and R. C. in a plea of land Taken and knowledged at Firbeek in the County of Salop the tenth day of February In the year of our Lord 16â—4 A Dedimus potestatem of receiving an Atturney in a writ of Entry super disseisinin le post for the Tenant THe P. to his beloved and faithfull H. W. Knight greeting Whereas by our Writ of Entry upon Disseisin in the post hanging before our Justices of our Common Bench between H. D. and T. H. of 20 acres of land 3 acres of Meadow and 12 acres of Pasture with the appurtenances in M. in the County of N. And because the same T. is so impotent and worn out with age that without very great danger of his body before our Justices aforesaid at the day in our said Writ contained he is not well able to travell as we have been informed We godlily pitying the state of the same T. in this behalf have given you full power and authority to receive the Attorney or Attorneys joyntly and severally which the same T. to gain or lose in the plea afotesaid before our Justices aforesaid in his stead before you he shall will to constitute or put and us thereof in our Chancery of the name of such Attorney or Attorneys duly to certifie And therefore we command you that unto the aforesaid T. if he be not well able travel unto you you personally goe and his Attorney or Attorneys joyntly and severally in form aforesaid ye receive And us in our Chancery of the name of such Atturney or Atturneys of him the said T. in the Morrow of Saint J. next to come wheresoever then we shall be under your seal duly ye certifie returning to us this Writ T. the 25 day of April in the year of c. It is returned thus The answer of the within named H. W. unto this Writ The execution of this Writ appeareth in a certain Schedule to this Writ annexed H. W. Nott. ss COmmand T. H. that justly c. he render to H. D. 20 acres of land c. as above in the Dedimus potestatem verbatim with the appurtenances in M. which he claimeth c. Not. ss T. H. Puts in his place A. B. and F. R. joyntly and severally against H. D. of a plea of land Taken and knowledged at Firbeeke in the County of Nott. the 10th day of February in the year of our Lord 1654 Another Writ of Dedimus potestatem to receive an Attorney for the Tenant upon the Writ of Entry THe PROTECTOR to his beloved and faithfull R. S. and W. B. greeting Whereas our Writ of entrie upon disseisin in le post dependeth before our Justices of the Bench between A. B. Knight Demandant and C. D. Esq Tenant of the 4th part of the Mannor of F. with the appurtenances and 800 acres of Land 20 acres of Meadow 220 acres of Pasture 300 acres of Wood and 40 l. rent with the appurtenances in F. aforesaid in the County of Essex And because the same C. is so impotent of himself and worn out with age that without very great danger of his body unto Westminster at the day in the said Writ contained personally to appear and to do and plead that which in the same then there should be expedient to be done he is not well able to travel as we have been informed We tendring the state of the same C. in this behalf have given to you and both of you joyntly and severally full power and authority to receive the Attorney of the aforesaid C. which the same C. personally before you or one of you against the aforesaid A. in the Writ aforesaid depending before our aforesaid Justices in his place shall will to put or constitute to call the Plaintiff to plead the warranty to gain or lose in that writ And therefore you and both of you joyntly and severally we command that
unto the aforesaid C. if he be not well able to travel unto you ye personally going the Attorney or Attorneys which the same C. personally before you or one of you in the Writ aforesaid before our aforesaid Justices depending against the aforesaid A. to call the Plaintiffe there at the aforesaid Term to plead the warranty to gain or to lose in his stead he shall will to put or constitute Atturney you or one of you receive And when ye or one of you shall so receive such Atturney or Atturneys Us in our Chancery of the name or names of such Atturney or Atturneys of him the said C. in 8 dayes of St. Hillary next to come wheresoever he shall be under your seals or one of yours duely ye or one of you certifie returning to us this Writ T. c. The Form of a Recovery with single Voucber COmmand S. H. that he render to A. B. and C. D. 40 Messuages with the appurtenances in G. D. R. c. The aforesaid S. H. doth put in his place R. F. and T. N. joyntly and severally against the aforesaid A. B. C. D. in a plea of Land W. A. whom the aforesaid S. H. calleth to warranty puts in his stead G. M. and T. F. joyntly and severally against the aforesaid A. B. and C. D. in a plea of Land The aforesaid A. B. and C. D. doe put in their stead R. C. and F. C. joyntly and severally against the aforesaid S. H. in a plea of land A Common Recovery had by divers against one of divers Mannors c. within the County Pallatine of Chester before the Judges of the Shires and Counties Of Pleas of the County of Chester at Chester before T. E. Esquire Son of T. E. Knight Justice of the Lord Protect there on Wednesday next after the Feast of Easter In the year of our Lord c. R. E. Knight P. D. Knight I. S. Son and heir apparent of T. S. of W. T. S. Son and heir apparent of R. S. of S. and G. L. Chaplain by Th. B. his Attorney in the Court of the Lord Protect here do demand against H. S. of O. Esq the Mannor of O. alias O. with the appurtenances and 14 Messuages c. as their right and inheritance and into which the same H. hath no entry but after the disseisin which Th. Cutt. thereof unjustly and without judgement hath made to the aforesaid R. P. I. T. and G. after that J. S. was made Earle of Chester c. And whereupon the same R. P. I. T. and G. say that they themselves were seized of the same Mannors Messuages Lands Meadows Pastures Woods Turbary Mosses and rent with the appurt c. in their demeasne as of Fee in the time of Peace of our Lord Protector taking thereof over in value c. And into which c. and there produce suit c. And the aforesaid H. S. Esq in his proper person comes and defends his right when c. and calleth to warranty T. N. who is present in Court in his proper person and gratis to the same H. S. the Mannor Messuage Lands Tenements Meadowes Pastures Woods Turbarie Mosses and rent and the moyety of the Mannor of E. above demanded with the appurtenances he warrants And hereupon the aforesaid R. P. I. T. and G. do demand against the same T. N. tenant by his warranty the aforesaid Mannors Messuages c. and the moyety of the Mannor of E. with the appurtenances in form aforesaid c. and whereupon they say that they themselves were seized of the same Mannors Messuages Lands Meadows Pastures woods Turbary Mosses rent and moyetie of the Mannor of E. with the appurtenances in his Demeasne as of Fee in the time of peace in the time of the said Lord Protector taking thereof over in value c. and into which c. And thereof they produce their sure c. And the aforesaid Th. N. Tenant by his Warranty defendeth his right when c. and saith that the aforesaid T. C. hath not disseised the aforesaid R. P. J. T. and G. of the aforesaid Mannor Messuage Lands Meadows Pastures Woods Turbary Mosses and Rent and Moyety of the Mannor of E. above demanded with the appurtenances in manner and form as the aforesaid R. P. J. T. and G. by their Writ and Declaration aforesaid doe suppose c. And the aforesaid R. E. P. D. I. T. and G. do pray licence thereof of imparling here c. and they may have it Afterwards the same Term c. The aforesaid R. P. I. T. and G. by their Attorney aforesaid came again in the Court of the Lord Protector c. And the aforesaid T. N. Tenant by his Warranty although solemnly exacted came not again but in contempt of the Court here departed made default Therefore it is considered by the Jury aforesaid that the aforesaid R E. P. D. I. T. G. recover their seisin against the aforesaid H. S. of the aforesaid Mannor Messuage Lands Meadows Pastures Woods Turbarie Mosses Rent Moyety of the Mannor of E. above demanded with the appurtenances And that the same H. have of the land of the aforesaid T. N. to the value And the same T. N. in mercy A Common Recovery by divers before the Justices of Chester and Judges of the same County of a Mannor c. Of Pleas of the County of Chester at Chester before T. E. Knight Justice of the LORD PROTECTOR there on Wednesday tali Anno. R. B. W. B. B. B. Sons of R. B. Knight O. B. H. D. Son and Heir of R. D. Esq deceased D. D. of E. and R. C. Chaplain by T. B. their Attorney in the Court of the LORD PROâ—ECTOR here do demand against R. D. Chaplain and T. H. of the City of C. the Mannor of W. with the appurtenances 30 Messuages one Watermill 500 acres of land 400 acres of Meadow 200 acres of Pasture 100 acres of Wood 20 acre of Turbarie 40 acres of Land covered with water and 40 l. rent with the appurtenances in W. and O. as their right and inheritance and into which the same R. and T. hath non entry but after the disseisin which T. C. unjustly and without judgement hath made to the aforesaid R. W. B. c. after that J. Scoticus was made Earl of Chester c. And whereupon the same R. W. B. c. say that they themselves were seised of the same Mannor Messuage Mill Lands Meadows Pastures Woods Turbarie Lands covered with Water with the appurtenances in their Demeasne as of Fee in the time of peace in the time of the Lord Protect now taking thereof over in value c. And into which c. And thereof they produce their sute c. And the aforesaid R. D. and T. H. in their proper persons doe come and defend their right when c. and doe call thereof to warranty W. M. Esq who is present here in Court in his proper person and gratis the Mannor
the appurtenances before I. M. and I. c. Justices of the Lord Protector assigned to take the Assizes in the County aforesaid whereby the same H. that Assizes depending often did require the aforesaid I. that he the aforesaid Messuage c. with the appurtenances to the same H. would warrant and the same I. that Messuage c. to the same H. hitherto to warrant hath denyed and yet doth deny whereupon he saith c. and thereupon produceth his sute c. Confession And the aforesaid I. T. in his proper person commeth and defendeth the aforesaid wrong c. and saith that he cannot deny but that the Charter aforesaid is the deed of him the said I. nor but that he gave by that Charter to the aforesaid H. the tenements aforesaid with the appurtenances nor but that he was held to warrant those tenements to the same H. in form as the same H. above against him hath declared Therfore Judgement it is considered that the aforesaid I. should warrant to the aforesaid H. the Messuage aforesaid and Lands with the appurtenances for place and time c. therefore the same I. is in mercy c. E. W. Gentleman was summoned to answer I. B. Gent. and E. B. his Son of a Plea that he warrant to them six Messuages three Gardens c. three Orchards with the appurtenances in the City of B. which they hold of him and of him claim to hold and whereof they have his Charter c. And whereupon the same I. and E. by H. C. their Atturney say that whereas the aforesaid F. was lately seised of the tenements aforesaid with the appurtenances in his demeasne as of Fee And so thereof being seised a certain fine he levied in the Court of the Lord Protector now here to wit at Westminster in eight dayes of Saint Michael in the year c. before I. D. H. B. A. B. and R. W. Justices c. And afterwards from the day of Easter in fifteen dayes in the year c. there granted and recorded before the same Justices and other of the said Lord Protectors faithfull then there present between the aforesaid I. and E. plaintiffs and the aforesaid F. deforcient of the tenements aforesaid with the appurtenances whereof Plea of Covenant was summoned between them in the same Court to wit that the aforesaid F. did recognize the tenements aforesaid with the appurtenances to be the right of him the said E. as those which the same E. and I. then had of the gift of the aforesaid F. and those he did remise and quite claim from himself and his Heirs to the aforesaid I. and E. and the Heirs of him the said E. for ever And furthermore the same F. granted for himself and his Heirs that he would warrant to the aforesaid I. and E. and the Heirs of him the said E. the aforesaid tenements with the appurtenances against all men for ever which said Fine in form aforesaid levyed was had and levyed to the use and behoof of the same I. and E. and the Heirs of the same E. for ever under pretext whereof the same I. and E. were seised of the same Tenements with the appurtenances scarsly the same E. in his demesne as of Fee and the aforesaid I. in his demesne as of freehold And so thereof being seised one H. O. before the Mayor and Sheriff of the Town aforesaid on Wednesday to wit the 28. day of April in the year c. at Guild-hall of the Citty aforesaid arraigned a certain assise of fresh force according to the custome of that City in the nature of an Assise of novell disseisin at the Common Law against the same I. B. and E. of the Tenements aforesaid with the appurtenances whereby the same I. and E. hanging that Assise often required the aforesaid F. that he the Tenements aforesaid with the appurtenances to the same I. B. and E. and the Heirs of the same E. for ever would warrant And the same F. those Tenements with the appurtenances to the same I. and E. hitherto in form aforesaid to warrant hath denyed whereupon they say that they are the worse and have damage to the value of two hundred pounds and thereupon they produce their sute c. And the aforesaid F. in his proper person commeth and defendeth the force and injury when c. and saith that he cannot deny the action aforesaid of I. and E. aforesaid nor but that the Fine aforesaid in form aforesaid was levyed nor but that he by that fine was held to warrant the Tenements aforesaid with the appurtenances to the aforesaid I. and E. and the Heirs of her the said E. for ever in form as the same I. and E. above against him have declared Therefore it is considered that the aforesaid F. do warrant to the aforesaid I. and E. and the Heirs of her the said E. for ever the Tenements aforesaid with the appurtenances for place and time c. And nothing of mercy to the aforesaid F. because he came the first day by his c. W. C. Esquire was summoned to answer E. B. Gent of a Plea that he warrant to him 54. Acres of Land 40. Acres of pasture and 6. Acres of wood with the appurtenances in E. which he holdeth and of him claimeth to hold and whereof he hath his Charter c. And whereupon the same F. in his proper person saith that whereas he was seised of the aforesaid Tenements with the appurtenances in his demesne as of Fee and so thereof being seised the aforesaid W. by the name of W. C. of I. in the County of N. otherwise called W. C. of W. in the County of Suffolk Esquire the tenth day of I in the year c. by his certain writing which the same E. with the Seal of the aforesaid W. Signed here in Court bringeth forth the date whereof is the same day and year reciting by the same writing that whereas the same W. C. by the name of W. C of I. in the County of N. otherwise called W. C. of W. in the County of S. Esquire together with his Brother C. C. of Lincolnes Inne in the County of Middlesex Gent. by a certain Indenture between the aforesaid W. and C. of the one part and E. B. of Lincolnes Inne aforesaid Gent. of the other party bearing date the tenth day of F. in the year c. bargained and sold to the aforesaid E. all his estate and interest of and in those parcels of Land containing by estimation seven Acres whether it be more or lesse there accounted lying and being in the Parish of E. in the County of R. now or late in the tenure or occupation of one W. S. or his assignes of which said parcels one parcell called little S. otherwise called Q and containing by estimation six Acres whether it be esteemed more or less to have and to hold all the aforesaid Lands and all other the premises with all and