aforesaid Town the day wherein this Concord was made and which after the decease of him the said P. unto the aforesaid L. and his Heires ought to revert after the decease of him the said P. Rem to the heirs of his body shall wholly remain to the aforesaid A. and the heirs of his body begotten to hold of the chief Lords of that Fee by the services which unto the aforesaid Rent do belong for ever And if it happen that the same A. shall dye without heir of his body begotten then after the decease of him the said A. the aforesaid Rent with the appurtenances shall wholly remain to the right heirs of him the said A. to Rem to the right heirs hold of the chief Lords of that Fee by the services which unto the aforesaid Rent do belong for ever And for this Grant Fine and Concord the same A. hath given to the aforesaid L. one hundred Marks of silver And so of others according to the diversities of their cases Of the tabling of Fines ingrossed Tables THe Chirographer of Fines of the Common Pleas for ever must write and make one table for every County where the Protectors Writ runneth containing the contents of every Fine that shall pass in any one Term as the name of the County Townes and places wherein the Tenements mentioned in any Fine be the name of the Plaintiff and Deforcient and of every Manor named in any Fine And the first day of the next Term after the ingrossing of every such Fine shall fix every of the said Tables in some open place of the Court of the Common Pleas so every day of the said Term during the sitting of the said Court And the said Chirographer shall deliver to every Sheriff of every County his Under Sheriff or Deputie 〈◊〉 fair written in Parchment a perfect content of the Table so to be made for that Shire in the Term that shall be next before the Assises to be holden in the â—ame County or else between the Term and the said Assizes to be set up the first day and every day of the next Assizes in some open place of the court where the Justices of Assizes then shall sit to continue there so long as they shall fit in the said Court if either the Chirographer or Sheriff fail herein he forfeiteth five pound and the Chirographers see for every such Table is 4 d. 23. El. c. 3. How many Proclamations are to be made upon Fines and when FOur Proclamations only are now to be made upon every Fine with Proclamation to wit one in the Term in which the Fine is ingrossed and in every one of the three Terms next ensuing the ingrossing thereof one Proclamation 13. El. c. 2. Adjournment But if any of the same Proclamations fail by reason of the adjournment of any of the said Terms by Writ of Adjournment duly made yet is such Fine good and a good Fine with Proclamations as if the same had been proclaimed 1 M. c. 7. Sundaies But if any Proclamations be made upon a Sunday it is error because it is not dies Iuridicus Dyer fo 128. Pl. 53. 55. 2. Eliz. Of the Proclamation of Fines at the Assizes and generall Sessions how they must be certified Sessions TO the end better notice of Fines may come to them to whom that appertaineth it is ordained by the said Statute of 4. H. 7. c. 24. That the Just of the Common place shall send Assizes a transcript of such Fines to the Justice of Assize in the Counties where the Land doth lye to be proclaimed openly and solemnly at all the Assizes which shall be therein holden within one year aâ—ter the ingrossing of such Fines and that the like transcript be made to the Justices of Peace there to be proclaimed at four severall Sessions in the said Counties and both the same Proclamations to be made and certified into the Common place the second day of the return of the Term then next following And it is to noted that while the said fines are read all pleas must cease 4. H. 7. c. 24. Proclamation The form of every such Proclamation is thus After the Cryer hath made O yes for silence saying O yes les fines lies or to that effect the Chirographer or his Deputie readeth the fines thus York A fine with Proclamation between A. B. Plaintiff and C. D. Deforcient of Tenements in D. c Cognisee dead If the Cognisees in fines die before the Ingrossing thereof no Proclamation shall be made because they had their Election to have the fine with Proclamations or without which Election is now by their death determined Dyer fo 254. Pl. 104. 8. El. Plow fo 266. b. Of the Inrolment of all the part of Fines at the ingrossing thereof and Proclamations passed The Inrollment Office BY the Statute of 23. El. c. 3. it is ordained that there shall be for ever an office of Inrolment called the Office of Inrolments of Fines and Recoveries And the Justice of the Common Pleas for the time being other than the Chief Justices shall have and take the care and charge of the Inrolments aforesaid see the examinations thereof and write their names unto the Rolls thereof and have and enjoy the said Office and the disposition thereof and carefully see and look to the execution thereof and have for the inrolment and examination of every such Fine six shillings eight pence Exemplification And for every exemplification of every such Inrolment of any fine five shillings for one years search four pence for every sheet of paper containing fourteen lines four pence Punishment And the Justices of the Common place have power to take order in all things convenient for the said Inrolments and upon examination in the said Court to assesse fines and amerciaments upon persons offending for their misprision contempts or negligences for not doing or misdoing of any thing of in or concerning any such fines as they shall think meet and convenient 23. El. c. 3. And every Writ of Covenant and other Writ whereupon any fine is levyed the return thereof the Dedimus potestatem made for the knowledging thereof the return thereof the Concord the Note and foot of every such fiâ—e the Proclamations made thereupon and the Kings Silver upon the request or election of any person may be inrolled in the said Office and the Inrolments of the same or of any part thereof shall be of as good force and validity in the Law to all intents for so much of any of them so inrolled as the same being extant and remaining were or ought by Law to be 33 El. c. 3. Of the exemplification of the parts of Fines inrolled WHen any of the parts of a Fine be inrolled according to the said Statute then may the same be exemplified either under the Seal of the office or under the great Seal of England but to exemplifie
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
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
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
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
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
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
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
Messuage Mill Lands Meadows Feedings Woods Turbary Lands covered with water aforesaid to the same R. D. and T. H. doth warrant c. And hereupon the aforesaid R. W. B. c. do demand against him the said W. M. Esquire Tenant by his Wartanty the Mannor Messuage Mill Lands Meadows Feedings Woods Turbary Lands covered with water and rent above demanded with the appurtenances in form aforesaid c. and whereupon they say that they themselves were seised of the same Mannor Messuage Mill Lands Meadows Pastures Woods Turbary Lands covered with water and Rent with the appurtenances in their Demean as of Fee in the time of peace in the time of the said L. Prot. now to take thereof over in value And into which c. And thereupon they produce their suit c. And the aforesaid W. M. Esq Tenant by his Warranty defendeth his right when c. and calleth thereof to warranty Th. Needham who is present there in Court in his proper person and gratis the Mannor Messuage Mill Lands Meadows Pastures woods Turbary Lands covered with water and rents aforesaid with the appurtenances to the same M. M. doth warrant c. And hereupon the aforesaid R. W. B. c. Do demand against him the said Th. Needham Tenant by his Warranty the aforesaid Mannor Messuage Mill Lands Meadows Pastures Woods Turbarie Lands covered with water and Rent above demanded with the appurtenances in form aforesaid c. And whereupon they say that themselves were seised of the same Mannor Messuage Mill Lands Meadows Pastures Woods Turbary Land covered with water and rent above demanded with the appurtenances in their demeasne as of Fee in the time of peace in the time of the said Lord the now Protect to take thereof over in value c. and into which c. and thereupon they produce their sute c. And the aforesaid Thomas Needham Tenant by his Warranty defends his right when c. and he saith that the aforesaid T. Cut hath not disseised the aforesaid R. W. B. c. of the Mannor Messuage Mill Lands Meadowes Pastures Woods Turbary Lands covered with water and Rent with the appurtenances in manner and form as the same R. W. B. c. by their Writ and Declaration above doe suppose c. And the aforesaid R. R. W. c. do pray license thereof of imparling here c. and they have it c. And afterwards in that same County here c. the same R. W. B. c. by their aforesaid Atturney came again in the Court of the Lord Protector And the aforesaid T. N. Tenant by his warranty although solemnly exacted came not again but in contempt of the Court here departed and made default c. Therefore it is Ordered by the Judges of the County aforesaid that the aforesaid R. W. B. c. recover their seisin against the aforesaid R. D. and T. H. of the aforesaid Mannor Messuage Mill Lands Meadows Pastures Woods Turbarie Land covered with water and rent above demanded with the appurtenances c. And that the aforesaid R. D. and T. H. have of the Lands of the aforesaid W. M. to the value c. And the same T. N. in mercy c. The like Common Recovery in the said County of Chester to the next before and of the same Mannor and Lands Of Pleas of the County of Chester at Chester before T. E. Esq Son of T. E. Knight Justice of the Lord Protector the Wednesday after the Feast of beheading of S. John the Baptist in the year c. R. B. of Chester R. B. W. B. B. B. Sons of R. B. Knight and O. B. by T. B. their Atturney in the Court of the Lord Protector here doe demand against W. M. Esquire the Mannor of W. 23 Messuages 1 Water-Mill 300 acres of Land 20 acres of Meadow 100 acres of Pasture 40 acres of Wood 10 acres of Turbary and 10 acres of Land covered with water with the appurtenances in W. M. K. W. as their right and inheritance and into which the same W. M. hath no entry but after the disseisin which T. C. thereof unjustly and without Judgement hath made to the aforesaid R. R. W. B. G. after that J. Scoticus was made Earl of C. c. And whereupon the same R. R. W. c. say that themselves were seized of the same Mannor Messuage Mill Lands Meadows Pastures Woods Turbarie and lands covered with water with the appurtenances in their Demeasne as of Fee in the time of Peace in the time of the Lord now Protector to take thereof over in value And into which c. And thereupon they produce their suit c. And the aforesaid W. M. in his proper person cometh and defendeth his right when c. And calleth thereof to warranty T. N. who is present here in the Court in his proper person and gratis to the same W. M. the Mannor and Tenements aforesaid with the appurtenances doth warrant And hereupon the aforesaid R. R. W. c. doe demand against him the said T. N. tenant by his warranty c. the Mannor and Tenements aforesaid above demanded with the appurtenances in form aforesaid c. and whereupon they say that themselves were seized of the same tenements with the appurtenances in their demeasne as of Fee in the time of peace in the time of the said now L. Protect by taking therof over in value c. And into which c. And thereupon they produce their suit c. And the aforesaid T. N. tenant by his warranty defendeth his right when c. and saith that the aforesaid T. C. hath not disseised the aforesaid R. R. W. c. of the tenements aforesaid with the appurtenances in manner and form as they by their writ and Declaration above do suppose c. And the aforesaid R. R. W. c. do pray licence thereof of imparling here c. and they have it c. And afterwards in that same County here c. the same R. R. W. c. by their Atturney aforesaid came againe into the Court of the Lord Protector And the aforesaid T. N. tenant by his warranty although solemnly exacted came not again but in contempt of the Court here departed and made default Therefore it is granted by the Judges of the County aforesaid that the aforesaid R. R. W. B. B. O. recover their seisin against the aforesaid W. M. of the tenements aforesaid above demanded with the appurtenances c. And that the aforesaid W. M. have of the lands of the aforesaid T. N. the value c. And the same T. N. in mercy c. Charges of a Recovery with two Vouchers in person at the bar FOr drawing your Precipe 0 2 6 For taking it into the remembrance  1 0 For your writ of Entry  2 6 For the Fine of it   To the Receiver  0 6 For the Doctors hand entring and endorsing  1 6 For drawing it at
life with Remainders in tail dividing the Lands 91 A Fine to entail Lands to the heirs of one deceased 92 A Grant by a Duke and his wife as in the right of his wife to the Cognisee for life of the Tenant for life with Warranty a Render to the Cognisor for the Wives life to convey her Title to her Husband 93 A Concord of a moyety of divers things in Possession and a Reversion in Fee 94 A Grant of Lands by Fine to two who render to the Cognisor in tail and for default of such issue to R. T. in general tail the remainder to another and his heirs for ever 97 A Grant of Lands in tail to be holden of the Grant or in soccage 98 A Grant of Lands in tail to be holden of the Grantor by suit of Court 6 s. rent 99 〈◊〉 â—â—ne of Knights Service Castle-Gard and Murage upon a Writ of Customes and Services 100 A fine of a Mannor in possession and other lands in Reversion 101 A fine of Lands part in possession and part in reversion with a Render again to the Cognisors and their heirs 102 A fine of the reversion of a Rent 104 Another of the same 105 A fine of Rent Service 106 A fine where the Husband and the Wife sell the Wives Joynture or Dower absolurely to him in the reversion 107 Tenant for term of life maketh a Lease reserving a Rent during her life 108 A fine of a Reversion 109 A fine in Fee farm of a Rent granted out of a Mannor only 110 A fine of several Rents granted out of a Mannor 111 A fine of a Rent with a Nomine poene for non-payment c. 112 A fine in Fee farm yeelding a Rent with a Distresse 114 A fine in Fee farm rendring a Rent sute of Court and Herriot after decease recease and alienation 115 A fine in Fee farm rendring a Rent with a Nomine poene for default of payment 117 A fine by the Husband and the Wife to the Husband and Wife with a Render 118 A Writ of Covenant that was for the King for the Tirh Corn of a Parish and the manner of the endorsement thereof used by his Atturney general 120 A fine with Warranty against all men 121 A fine by the Husband and Wife and the Cognisee by the same fine granteth and rendreth back again the premises to the said Conusors to the heirs of the Husband one of the said Conusors for ever 122 A fine of one Messuage c. and the same Conusors for them and the heirs of Io. Do. warrant 2 parts of the premises in 3 parts divided to the Conusee and his heirs against all men for ever 123 A fine with Warranty against all men and the Cognisees by the same fine render parcel of the Premises for one month with divers limitations c. 124 A fine of c. and the Cognisees do grant and render all Mines of Coles in a Close parcel of the premises c. 128 A fine of the third part of one Messuage c. with a general Warranty And the Cognisees do Grant and Render the same to one of the Cognisors for years in reversion c. 129 A fine with a Grant of a yearly rent 132 A fine of a Messuage c. Rent Parsonage the Advowson of a Viccaradge with Warranty c. 134 A fine with two several Warranties 135 A fine of a Mannor c. with general Warranty 136 A Fine within the County of Chester c. 137 A fine knowledged before the Justices of Chester 140 A fine by an Earl and his Wife 141 A fine by the Husband and Wife and a third person c. 142 A fine by two to one with general Warranty 145 A fine by the Husband and Wife and divers others c. 145 A fine of four Messuages c. with Warranty 146 A fine by two Husbands and their Wives 147 A fine by the Husband and his Wife to a Man and his Wife 148 A fine by an Earl and his Wife of a Rent c. 149 A fine by the Husband and Wife for term of years 150 A fine by the Husband Wife with Warranty in consideration the Cognisee granteth a Rent c 152 A fine of the third part of a tent with a general Warranty 154 A fine of the third part of 34 acres of Meadow by these words viz. concesserunt reddiderunt c. 155 A fine by one to the Queens Atturney c. 155 A fine by a Widdow to the President and Schollars of a Colledge c. 157 A fine by two and the VVife of one of them c. 158 A fine with general VVarranty 159 A fine of a reversion 160 A fine by Husband and VVife to one with a general VVarranty 161 Of the Order of taking the knowledge of a fine by Dedimu potestatem and the certifying thereof 162 A fine of one Messuage of a Remainder 163 A fine by Husband and VVife of two Messuages c. with general VVarranty 164 A fine knowledged before the Justices of the Common pleas at Westminster with general VVarranty 165 A fine with VVarranty against the Conusor and his heirs 166 A fine as it is ingrossed of Record 167 Of the nine Proclamations 168 A fine with general VVarranty for years rendring a red Rose c. 168 A fine for liâ—es and aftâ—r in Fee 170 A fine of a Rent issuing out c. with general VVarranty 171 A fine with general VVarranty of an annuity with Nomine poeâ—e 172 A fine in tail general to hold by the 40th part of a Knights â—ee and by rent with general VVarranty 174 A fine with VVarranty during life 175 A fine for life and after in fee. 176 Of the taking of the knowledge of a Fine 177 A fine with divers remainders 178 Of Adjuncts of Concords 180 A Licence to alien in Mortmain 183 Quod permittat finem levari 184 The Writ of quod damnum 185 Of a pardon for alienation 186 Of the Dedimus potestatem to take the cognisance of a fine 189 190 The Dedimus Potestatom thereof 191. The Precipe and Concord 193. A Dedimus Potestatem upon a writ of Customes and services 195. Of the Kings Silver 196. Of observation at the knowledge of fines 197. How and when Cognisances of Fines may be certified and what may hinder the â—ame 199 Of the Inrolment of Writs of Covenant Dâ—d Potest and knowledges thereupon called the foot of the fine 202 Of the note of the fine 203 Quid juris clamat 204 VVhat persons may obtain atturnment by Quid Juris clamat and what nor 205 VVhat persons be compellable to arturn by Quid juris clamat and what not 206 What places will barr the Plaint of Atturnment 210 A Table to the latter Part. VVHat processe lye in a Quid juris clamat 1. The writ of summons in Quid juris clamat 3. The Distress in Quid juris clamat 4. Tenant may atturn for