Messuage Lands and Premises to pay and satisfie the debts owing by the said A. B. rateably to his Creditors according to their several debts as the same shall be yearly raised out of the said yearly Rents Issues and Proffits Now Witnesseth c. CHAP. III. Containing several Covenants 1. This Indenture c. between A. B. and E. To levie a Fine Sur cogniz de droit come ceo Per. Baron feme his Wife on the one part and C. D. and G. H. of the other part witnesseth that it is Covenanted Granted Concluded and Agreed by and between the said Parties to these presents And the said A. B. for himself his Heirs Executors and Administrators and for the said E. his wife dâ—th covenant grant and agree to and with the said C. D. and G. H. their Heirs Executors and Administrators by these presents That they the said A. B. and E. his wife shall and will before the end of the Terme of St. Michael the Archangel next ensuing the Date hereof by one Fine with Proclamations in due form of Law to be levied before the Justices of our Soveraign Lord the King of his Majesties Court of Common Pleas at Westminster †Or before any other Person or Persons sufficiently and lawfully authorized in that behalfe which is sometimes added Between the said C. D. and G. H. Plaintiffs and the said A. B. and E. his wife Deforciants Recognize and acknowledg All that tho Mannor of c. and all other the Lands Tenements and Hereditaments lying and being in the Parish of B. in the County of C. in which the said A. B. and the said E. his wife or either of them have or heretofore had any Estate or Inheritance in Possession Reversion or Remainder with all and singular the Appurtenances thereof by some Name or Names and Contents and Numbers of Acres in the said Fine to be contained to be the Right of the said C. D. as those which the said C. D. and G. H. have of the Gift of the said A. B. and E. his wife and the same shall thereby remise and quit-claime from them the said A. B. and E. his wife â—nd their Heirs to the said C. D. and G. H. and the Heirs of the said C. D. for ever And moreover shall by the said Fine warrant the said Mannor and Premises with the Appurtenances unto the said C. D. and G. H. and the Heirs of the said C. D. against them the said A. B. and E. his wife and the Heirs of the said A. B. Another more brief for ever 2. This Indenture c. Between A. B. and E. his wife on the one part and C. D. of c. on the other part Witnesseth That it is covenanted granted concluded and agreed by and between the said parties to these presents And the said A. B. for himself his Heirs Executors and Administrators and for the said E. his wife doth covenant and grant to and with the said C. D. his Heirs Executors and Administrators that he the said A. B. and E. his wife shall Will on this side and before the Feast of c. next ensuing the Date of these presents or before the Justices of our Soveraign Lord the King of his Majesties Court of Common Pleas at Westminster acknowledg and levie one Fine sur cognizance de droit come ceo que il ad de lour done c. with Proclamations according to the forme of the Statute in such Case had and provided to the said C. D of all that Messuage or Tenement and Lands c. by such Name and Names Qualities Quantities and Numbers of Acres as by the said C. D. or his Counsel learned in the Law shall be reasonably devised advised or required 2. This Indenture made c. Between A. B. of Another by several persons severally interessed c. on the first part C. D. of c. on the second part E. F. of c. on the third part and G. H. of c. on the fourth part Whereas the said A. B. is seized in his Demesne as of Fee of and in one parcel of Pasture ground called or known by the Name of D. lying and being in the Parish of F. in the County aforesaid containing by Estimation twenty Acres or thereabouts which he lately purchased of one J. R. of c. And whereas the said C. D. is likewise seized in his Demesne as of Fee of and in one Messuage or Tenement with the Appurtenances and a certain parcel of Meadow grounds lying neer thereunto containing by Estimation six Acres or thereabouts lying and being in F. aforesaid which he lately purchased of one L. M. of c. And whereas the said E. F. is likewise seized in his Demesne as of Fee of and in one Messuage or Tenement with the Appurtenances lying and being in F. aforesaid and a certain Close or parcel of Pasture ground thereunto belonging and adjoyning containing by Estimation Ten Acres or thereabouts which he the said E. F. lately purchased of one R. S. of c. And they the said A. B. C. D. and E. F being of the said Premises so severally seized as aforesaid Now witnesseth these presents that it is covenanted concluded and agreed by and between all the said Parties to these presents That they the said A. B. C. D. and E. F. shall on this side and before the Feast of c. next ensuing the Date hereof in due form of Law levie and acknowledg one Fine sur cognizance de droit come ceo c. with Proclamations according to the Statute in that Case made and provided before the Justices of our Soveraign Lord the King of his Majesties Court of Common Pleas at Westminster to the said G. H. and his Heirs of all and singular the Premises with the Appurtenances The Uses by the Name or Names of c. And that the said Fine so to be levied shall be and envre and shall be deemed construed and taken to be and envre and the said G. H. and his Heirs shall by vertue thereof stand and be seized of and in all and singular the said Premises with their and every of their Appurtenances to the several uses hereafter mentioned and declared and in manner and form following That is to say of and in the said parcel of Pasture Land called or known by the Name of D with the Appurtenances thereof to the only use and behoofe of the said A. B. and his Heirs and of in and to the said Messuage or Tenement with the Appurtenances and parcel of Medow grounds to the only use and behoofe of the said C. D. and his Heirs c. and so for the rest 4. This Indenture made c. Between A. B. To levie a Fine in the County of Lancaster of the one part and C. D. and E. F. of c. on the other part Witnesseth That it is covenanted granted concluded and agreed by and between all and every the
of Twenty pounds per annum of good and lawful Moneys of England to be issuing and going out of the aforesaid Messuages and Premises with the Appurtenances to have hold receive and enjoy the said Annuity of Twenty pounds per annum and every part and parcel thereof unto the said C. D. his Executors Administrators and Assigns from the Feast of c. next ensuing the Date hereof unto the full end and term of One and thirty years from thence next ensuing and fully to be compleat and ended at the Feast of St. Michael the Archangel and the Annunciation of St. Mary the blessed Virgin by even and equal portions yearly to be paid during the term aforesaid And if it shall happen the said Clause of Distress yearly Rent of Twenty pounds or any part thereof to be behind or unpaid in part or in all by the space of twenty Dayes after either of the said Feasts or Dayes of payment being lawfully demanded that then and from thenceforth it shall and may be lawful to and for the said C. D. his Executors Administrators and Assigns into the said Messuages and Premises and every part and parcel thereof to enter and distrain and the Distress and Distresses there to be found and taken lawfully to lead bear drive and carry away and the same to detain and keep until he the said C. D. his Executors Administrators and Assigns shall be fully paid and satisfied the said Annuity or yearly Rent and all and every the Areres thereof c. 9. This Indenture c. Between A. B. and E. To leavie a Fine Sur concessit his Wife on the one part and C. D. on the other part Witnesseth That the said A. B. for divers good causes and considerations him hereunto moving doth for him his Heirs Executors and Administrators and for the said E. his wife covenant and grant to and with the said C. D. his Executors and Administrators by these presents That he the said A. B. and E. his wife shall and will before the end of this present Term of St. Hillary leavy one Fine Sur concessit with Proclamations in due form of Law before his Majesties Justices of the Common Pleas Court at Westminstor in the County of Midds unto the said C. D. of all the Mannors c. and the Revertion and Revertions Remainder and Remainders of all and singler the premises and of every part and parcel thereof And all Rent and Rents and yearly services and other profits whatsoever reserved and payable upon every demise and demises Leases Grants and Conveyancies whatsoever made and granted of the premises or any part or parcell thereof by such name and names quantities and qualities as shall be thought meet and â— 10. This Indenture c. Between A. B. and E. To sue fortha Recovery with double voucher his wife of the first part C. D. and E. F. of the second part and G. H. on the third Part Witnesseth these presents that it is mutually and respectively covenanted and concluded by and between the said Parties to these presents And the said A. B. doth for himself his Heirs Executors and Administrators and for the said E. his wife covenant and agree to and with the said G. H. his Heirs Executors and Administrators by these presents That he the said A. H. and E. his wife shall and will on this side and before the Feast of c. Tenent to the precipe made by Fine now next ensuing leavy and acknowledg oâ—e Fine sur cognizance de droit come â—co quc ils ont de lour done c. in due form of Law with Proclamations to be had and made according to the common course of Fines in such cases used and the Statuâ—e in that behalf made and provided before the Justices of our Sovereign Lord the King of his Majesties Court of Common Pleas at Westminster or before some other competent person or persons thereunto lawfully and sufficiently authorized to the said C. D. and E. F. and their Heirs of all that the Mannor of S. in the County of B. and of all Messuages Lands Tenements and Hereditameâ—ts whatsoever which are or are reputed part or parcol of the said Mannor or belonging or appertaining thereunto by such name or names quantities qualities contents and numbers of Acres and in such manner and form as by the said G. H. his Heirs of Assigns or his or their Council learned in the Law shall be reasonably devised advised or required which said Fine so or in any other manner to be levied and acknowledged between the said Parties shall be and shall be construed reputed and taked to be to and for the use of the said C. D. and E. F. and their Heirs to the only end intent and purpose that the said C. D. and E. F. shall and may stand and be full and perfect Tenents of the Freehold of the said Mannor Messuages Lands and Premises and every part thereof Whereof the said Fine is agreed to be leavied as aforesaid until a perfect common Recovery shall and may be lawfully had and executed of the said Mannor Messuages Lands and Premises against the said C. D. and E. F. and their Heirs according to the true intent and meaning of these presents and the Parties thereunto 11. And it is further covenanted concluded To suffer a Recovery upon a writ of entry en le post and agreed by and between all the said Parties to these presents and every of them their and every of their Heirs That they the said C. D. and E. F. shall and will permit and suffer the said G. H. before the Feast of c. next ensuing the Date hereof by Writ or Writs of entry Sur disseisin en le post to be sued forth and obtained out of the Kings Majesties High Court of Chancery and returnable before the Justices of our said Sovereign Lord the King of the Court of Common Pleas at Westminster in the name of the said G. H. demandant against the said C. D. and E. F. being Tenents to recover to them and their Heirs in due form of Law according to the usual form of common Recoveries for assuring of Lands Tenements and Hereditaments against the said C. D. and E. F. and the surviver of them then Tenent or Tenents of the premises All and every the said Mannor Lands and Premises withal and singular their and every of their Appurtenances by some name or names in the said Writ and Recovery to be contained or thus by such name of names and under such number and contents of Acres aâ—d in such manner and form as shall be advised by the Council of the said G. H. unto which said Writ of entry Sur disseisin en le post so to be brought as aforesaid the said C. D. and E. F. shall appear gratis And then and immediately after appearance and defence made shall and will in the said action vouch to warranty the said A. B. and E. his
uses inteâ—ts and purposes and upon the Conditions and Limitations hereafter in these presents limitted expressed and declared and to no other uâ—e intent or purpose whatsoever That is to say c. 2. And it is covenanted concluded and fully agreed Or thus by and between all the said Parties to these presents And they and every of them do hereby exâ—ress signifie and declare That the said Fine so to be levied as aforesaid and all and every other Fiâ—e and Fines hereafter to be had and levied of the Premises or any part thereof between the said Parties or any of them before the said Feast of c. shall be and inure and the said C. D. and E. F. and their and one of their Heits immediately from and after the said Fine as also any other Fine thereof to be levied as aforesaid shall stand and be seized of the Premises to the only uses intents and purposes hereafter mentioned viz. as to the said Messuage or Tenement and Lands with the Appurtenances now in the occupation of c. To the use and behoof of c. And as to the said Messuage or Tenement and Lands now in the occpation of c. To the use and behoof of c. 3. And it is covenanted granted concluded Or thus and agreed by and between all the said Parties to these presents for themselves their Heirs and Assigns That the said Fine to be acknowledged and levied as aforesaid of the Messuages Lands Tenements and Hereditaments aforesaid and the execution thereof and the Estate Right Title Interest and Possession of them the said C. D. and E. F. and of the Heirs of such of them to whom the inheritance of or in the Premises shall be limitted in and by the said intended Fine shall be and shall for ever be adjudged deemed and taken to be And the said C. D. and E. F. and the Heirs of such of them to whom the inheritance of the Premises shall be limitted in or by the said intended Fine and the surviver of them shall stand and be seized of and in all and singular the said Messuages Lands Tenements and Hereditaments and of every part and parcel thereof with the Appurtenances to the uses intents and purposes and under and upon the Provises limittations conditions and agreements hereafter in these presents mentioned and contained That is to say of for and concerning all that Messuage and Lands c. with the Appurtenances in M. aforesaid in the tenure or occupation of c. being parcel of the said Premises whereof the said Fine before by these presents is covenanted to be levied as aforesaid by the said A. B. and of the Revertion and Revertions Remainder and Remainders of the same To the use and behoof of c. And of for and concerning all and every the said other Messuages Lands c. with their and every of their Appurtenances whereof the said Fine is covenanted to be levied as aforesaid and the Revertion and Revertions Remainder and Remainders thereof to the use and behoof of c. 4. This Indenture c. Between A. B. and E. his wife of the one part and C. D. and E. F. Upon a Fine already levied of the other part Whereas the said A. B. and E. his wife have in the Term of St. Hillary last past before thâ— Date of these presents levied one Fine in due form of Law unto the said C. D. and E. F. of all that Mannor c. The which Fine was levied by such names number of Acres and other Particulers as are in the said Fine contained as by the said Fine reference being theteunto had more fully it doth and may appear Now Witnesseth these presents and it is hereby declared by and between all the Parties hereunto That the true intent and meaning of the levying of the said Fine at the time of the levying thereof was and is to be taken to be to the uses intents and purposes hereafter following That is to say to the use of c. 5. This Indenture c. Between A. B. of Upon a Recovery to be had with double Vouchâ—r the first part C. D. and E. F. of the second part and G. H. and I. K. of the third part Whereas the said A. B. by one Indenture of bargain and sale Dated the first day of this instant January and inrolled in his Majesties High Court of Chancery the twentieth Day of the same Month made between the said A. B. on the one part and the said C. D. and E. F. on the other part Hath granted bargained and sold to the said C. D. and E. F. and their Heirs all that Mannor c. and the Revertion and Revertions Remainder and Remainders thereof and of every part and parcel thereof To have and to hold the said Mannor c. and all and every the said Premisses with the Appurtenances unto the said C. D. and E. F. their Heirs and Assigns for ever to the only proper and absolute use and behoof of the said C. D. and E. F. their Heirs and Assigns for ever To the end intent and purpose that the said C. D. and E. F. might thereby and by force of the Statute of transferring uses into possession become Tenents of the Freehold of all and every the Premisses that a good and perfect common Recovery with double Vouchâ—rs may be thereof had and executed Now Witnesseth this present Indenture And it is covenanted concluded and fully agreed by and between all the said Parties to these presents for them and every of them their and every of their Heirs That they the said C. D. and E. F. shall and will permit and suffer the said G. H. and I. K. before the Feast of c. next ensuing the Date of these presents by Writ or Writs of entry sur disseisin en le post to be sued forth and obtained out of the Kings Majesties High Court of Chancery and returnable before the Justices of our Sovereign Lord of the Court of common-Common-Pleas at Westminster in the Names of the said G. H. and I. K. demandants against the said C. D. and E. F. Tenents or the survivor of them to Recover to them the said G. H. and I. K. and their Heirs in due form of Law according to the usual form of common Recoveries for assurance of Lands Tenements and Hereditaments against the said C. D. and E. F. the said Mannor and Premises with their and every of their Appurtenances by some name or names in the said Writ and Recovery to be contained In and to which said Writ the said C. D. and E. F. shall gratis appear in their proper Persons and after defence made shall vouch to warranty the said A. B. who shall likewise thereupon appear and enter into the warranty and vouch over the common Vouchee who shall likewise appear and enter into the warranty and after make default to the end that a perfect common Recovery may be had and executed
Manerio or Maneriis cum pertin in A. here in this case the Concord must be quod recogn pred Manerium or pred Maneria cum pertin Neither will Mesuages named by themselves in a Precipe pass by the word Tenementa in the Concord So an Honour Castle Island Barony Hundred Borough Knights Fee the Scite of a Mannor a Park a Prebendry Rent Common a Warren Fishing Rectory Tythes Oblations Toll Stallage Pontage View of Frank-pledge a Liberty Franchise Office Bayliwick Fair Market passage the Moiety or part of any entire thing Wreccum Maris Advowsons of a Church or portions of Tythes must be particularly named in the Concord as well as in the Precipe otherwise the Concord will not be good Although there be divers Cognizees in a Concord the right shall be limited to one of them As where A. is Cognizor B. and C. Cognizees The Concord shall be quod praedictus A. recogn praedicta tenementa cum pertin esse jus ipsius B. ut illa quae iidem B. C. habent de dono praedicti A. illa remisit quiet clam de se heredibus suis prefat B. C. heredibus ipsius B. imperpetuum But where a Fine is from divers Cognizors the Release and Warranty must be from all the Cognizors and their heirs thus expressed in the Concord where A. B. are Cognizors and C. Cognizee ss quod predicti A. B. recogn predicta tenementa com pertin esse jus ipsius C. ut illa que idem C. habet de dono predictorum A. B. illa remisit quier clam de ipsis A. B. heredibus suis pred C. hered suis imperpetuum Et predictus A. concessit prose heredibus ipsius A. quod ipsi warant prefat C. heredibus suis tenementa predicta cum pertin contra predictos A. heredes suos imperpetuum And the like Waranty from B. But if the Fine be of Gavel-kind it is otherwise Coke 5. 38. It is usual for divers persons that have made several small distinct purchases in one County to joyn together in one Fine for saving charges And that the writ of Covenant be brought by all the Vendees against all the Vendors and every one of them Warants for himself and his heirs against him and them onely West Symb. 2. part CAP. VII Before whom and how Fines are to be levyed with the manner of drawing a Fine at Bar by the Serjeants at Law THe persons before whom Fines are to be levyed are such as either take Cognizance of Fines ex Officio and by vertue of their Office or such as are appointed and authorized thereunto Those that do it ex Officio are the Lord Chief Iustice for the time being of the Court of the Common Pleas who hath power to receive and certifie the Acknowledgment of all manner of Fines without any kind of Commission as well in any place out of the Court as in the Court. And so any two of the Iustices of the same Court may do it in open Court Those that take Cognizance of Fines otherwise then ex Officio are such as do it by vertue of some Commission General or Special granted unto them by the King out of Chancery The first sort of those that take and certifie Cognizances of Fines by vertue of Commission are Iustices of Assize who although they may do it by the general words of their Patent yet they do not use to certifie them without a special writ of Dedimus potestatem Secondly the Iudges of both Benches and Barons of the Exchequer who do usually first take the Cognizance of Fines without Dedimus potestatem and afterwards Certifie the same upon a Dedimus potestatem to warrant and justifie their proceedings therein The third sort are certain discreet honest and understanding Gentlemen in the Country or place where the Cognizors which are to acknowledge the Fine reside who have alwaies a special writ of Dedimus potestatem directed unto them whereby they have power to do such things therein as the Chief Iustice doth daily ex Officio upon surmise that the parties that are to acknowledge the Fine are not able to travel to Westminster for the doing thereof And by this Writ upon such surmise power may be given to any Serjeant at Law or to any Knight or Gentleman together to take the Cognizance of the persons that are to be Cognizors in the Fine And this they may take from them either altogether at once or asunder at several times and in several places as they please But herein great care must be had by the Commissioners in executing their Commission least they commit some notorious errour to make void the Fine As if the Dedimus potestatem be to two Ioyntly to do it and one of them doth it alone or if the same be to three Ioyntly to do it and two of the three onely do it or the like this will be Errour So if one of the Cognizees be one of the Commissioners and he himself take the Cognizance of the Fine this likewise will be Errour F. N. B. 146 147. Dyer 220. 11 H. 6. 21. Crooke 1. 249. Form bene placitandi Tit. Erros Assignes The Iudges and Commissioners impowered to take Cognizance of Fines are to be careful of whom they take such Cognizances for Fines before them That they know the Cognizors and so do not suffer one person to make Cognizance in the name of another nor take any Cognizance from persons prohibited by Law and such as are unfit to be Cognizors as Infants Mad men Drunken men and the like And if husband and wife be Cognizors the wife ought to be examined solely and secretly whether she be content of her own free will to part with her right in the land or whether she do it by the menace and threats or out of fear of her Husband and then the contents of the Fine must be read distinctly to her And if the Iudge doubt of her age he may examine her upon oath and so may Commissioners which being done and the Fine read to the Cognizors they are to put their hands to the Concord And then the Commissioners are to certifie the Cognizance of the parties the same day and year when it was taken and so return the Dedimus with the Concord into the Court of Common Pleas within a year after it is taken at farthest And upon any of the Commissioner's refusal so to do the party grieved may by Certioraâ—i compel him that hath it in his Custody his Executor or Administrator to certifie it How to sue out a Fine before the Lord Chief Justice of the Common Pleas. You are first to draw your Precipe in paper after this manner ss Precipe T. S. Armigero A. uxori ejus quod juste c. teneant R. S. Armigero Conventionem c. de Maneriis de K. S. cum pertinentiis ac de decem Mesuagiis viginti Cottagiis decem Tostis Centum
acris Pasture in M. Et nisi c. which done ingross it fairly in Parchment with the Concord according to the Instructions and Presidents in this Treatise And then go with the Cognizor or Cognizors to the Lord Chief Iustice of the Common Pleas at his Chamber and deliver your Parchment if it requires hast to the Clerk of the Fines who will cause the Caption to be writ underneath the Concord on the left hand if it be not done before you come thither thus Capt. cognit primo die Maii Anno regni domini nosâ—ti Caroli secundi nunc Regis Anglie c. vicesimo coram me and also see that the Cognizors subscribe their names to the Concord on the right hand and inquire of him that comes with the parties to the acknowledgment of the Fine if he knows them and see that he subscribes the Fine accordingly at the bottom thus A B. cogn paries which done he will get the Lord Chief Iustice his hand to the Caption of the Concord ingrossed in Parchment And also to a Coppy thereof fairly written in paper which is to remain with the Cleck of the Fines But the Concord in Parchment you are to carry to the Cursitor of the County where the lands lye and there get your writ of Covenant made which you are to carry before it be Sealed to the Alienation Office in the Temple and there compound it and get it entred and indorsed which done you are to carry it back to the Cursitor who will get it Sealed and that being done you are to make your Warant of Attorney for the Fine in this manner Bed ss R. S. Armiger Po. lo. sâ—o W. B. Attorn suum ad prosequend breve de Con. versus T. S. A. uxorem ejus de Maneriis terris tenementis in M. c. When you have made this Warrant of Attorny you are to file it with the Clerk of the Warrants who will sign the Writ of Covenant with a Stamp for that purpose Then file the writ of Covenant and the Precipe and Concord together and carry them to Mr. Jones his Office in the Middle-Temple who returns the Writ of Covenant and Signs the same with his Stamp After this the Custos Brevium is to have it to make his entry thereof upon the Roll and indorse upon the Writ when the Proclamations are to be made from whom you must carry it to the Clerk of the Kings Silver who will perform what belongs unto it there And being once dispatched that Office it is then a Fine in force of Law Afterwards carry it to the Chirographer whose Office is in the Middle-Temple and there the Clerk that deals for that County where the lands in your Fine do lye will make the Indentures of the Fine and then it is finished A Fine is acknowledged at the Bar after this manner First an Attorney must deliver the Writ of Covenant Sealed with the Precipe and Concord ingrossed in Parchment as above to one of the Serjeants at Bar where the Cognizors are to be presâ—nt Then the Serjeant must desire the Chief Iustice to record the appearance of the Cognizors which being granted by him The Serjeant saith denâ—ers le Roy. Then answereth the second Prothonotary or his Clerk que donera Then the Sergeant shall answer thus Cestuy que avera Then the second Prothonotary or his Clerk shall answer again thus trahes la paix Then the Sergeant must say Ove vostre conge la paix est tiâ—l scilicet c. reciting in French the Concord so delivered unto him as aforesaid by the Attorney with relation to the particulars of the lands contained in the Precipe And that being done the Sergeant must if any one of the Cognizors be a Feme-covert tell her that she must go up to the Puisne Iudge to the Bench to be examined of her consent which Iudge taketh the Concord so written in Parchment as aforesaid and examineth her apart privately and then delivereth it to the Prothonotary to be recorded Then take the Precipe and Concord when the Court hath recorded it and file it to the writ of Covenant and paying the Fees of Court pass it through the several Offices as you are before directed in the acknowledgment before the Lord Chief Iustice The manner of acknowledging and levying a Fine before Commissioners Any Iudge of the Common Pleas Kings Bench or Baron of the Exchequer as is before declared may take the Caption of a Fine before the Dedimus potestatem be sued out which you may sue out afterwards and carry it under Seal to him that took the Cognizance of the Fine and he will return the same A Fine may also be taken by special Commission in the Country to do which you must deliver to the Cursitor the Commissioners names one whereof must be a Knight by which with the Concord the Cursitor will make the Dedimus potestatem and get it sealed for you Then deliver the Dedimus potestatem to the Commissioners with the Precipe and Concord ingrossed in Parchment with wax and seals unto it and when the Cognizance is taken by them they must return the Dedimus potestatem in this manner Executio istius Commissionis patet in quadam Schedula huic Commissioni annex And then file the Concord to the back of the Dedimus potestatem and let the Commissioners set their seals to the Concord and their hands to the return of the Dedimus The Caption of the Concord must be thus Capt. cognit apud Villam B. in Com. B. decimo octavo die Augusti Anno Regni Domini nostri Caroli Secundi nunc Regis Anglie c. vicesimo secundo coram nobis A. B. C. D. E. F. Then when you have returned up your Dedimus potestatem carry it to the Cursitor who will make you the writ of Covenant And then pass the Fine as before is directed onely in this case if one of the Commissioners that takes the Caption be not a Knight you must draw up a Certificate upon the back of the Concord and carry it to a Iudge of the Common Pleas for his Allocatur The form of the Certificate is thus A B. gent. one of the Commissioners in the Writ of Dedimus named maketh Oath that this Fine was duly executed the Cognizees of full Age and the Feme Covert being secretly and apart examined willingly consented A. B. CAP. VIII Of Fines sur Cognizance de droit come ceo que il ad de son done their Forms c. Sect. I. A Fine levyed by One to Two Joynt Purchasors Midd. ss PRecipe A. B. quod juste c. teneant C. D. E. F. Conventionem c. de uno Mesuagio uno Cottagio decem acris Pasture cum pertinentiis in B. Et nisi c. ET est Concordia talis scilicet quod predictus A. recogn predicta tenementa cum pertinentiis esse jus ipsorum C. E. ut illa que iidem C. E. habent de
wife who shall likewise appear gratis and vouch to warranty the common Vouchee who shall also appear imparle and make default whereby a perfect Judgment may be had and given against the said C. D. and E. F. and for the said C. D. and E. F. to recover aganst the said A. B. and E. his wife and for the said A. B. and E. his wife to recover in value against the common Vouchee So that a good and perfect Recovery may be had with double Voucher and execution be had and made thereof c. 12. This Indenture c. Between A. B. of the An other with double Voucher the Tenent of the precipe being before made by Deed c. vide Sect. 13. first part C. D. of the second part and G. H. of of the third part Witnesseth that for divers good causes and consideration c. It is covenanted granted and agreed by and between the said Parties to these presents in manner and form following That the said G. H. shall on this side and before the Feast of c. next ensuing the Date of these presents purchase and sue forth out of the High Court of Chancery one original Writ of entry sur disseisin en le post against the said C. D. returnable before the Justices of his Majesties Court of Common Pleas at Westminster at a Time certain in the said Writ to be mentioned And by the said Writ shall demand against the said C. D. all that the Messuage and Lands c. Setting forth the particulars and where they lye By such names qualities and numbers of Acres as by the said G. H. and his Council Learned in the Law shall be devised advised or required Unto which said Writ the said C. D. shall appear gratis and take upon him the Tenancy of all and every the said Messuage Lands and other the Premises with the Appurtenances and shall vouch to warranty the said A. B. who shall appear gratis and vouch to warranty the common Vouchee who shall likewise appear gratis and enter into the warranty and after imparle and make default in contempt of the Court so that Judgment shall be given that the said G. H. shall recover the said Messuages Lands and Premises in the said Writ to be contained against the said C. D. and that the said C. D. shall recover over in value against the said common Vouchee And that execution of the said Recovery so to be had shall be made according to the form of common Recoveries in such cases used and accustomed And that the said G. H. C. D. and A. B. and the said common Vouchee and every of them shall and will do execute perform and suffer all and every such Act and Acts thing and things whatsoever as as shall be necessary and expedient for the prosecution of the said Recovery and the execution thereof according to the form and Order of common Recoveries with double Vouchers in such cases used c. 13. This Indenture c. Between A. B. of To make a Tenent to a Precipe by barg sale the one part and C. D. of the other part Witnesseth That the said A. B. for and in consideration of 5s of lawful Money of England to him in hand paid before the sealing and delivery hereof by the said C. D. the receipt whereof the said A B. doth acknowledg And to the end and purpose that the said C. D. may be made a perfect Tenent to a Precipe against whom a common Recovery may be had of the Mannor and Lands hereafter mentioned Hath granted bargained and sold and by these presents doth for him and his Heirs grant bargain and sell unto the said C. D. and his Heirs all that the said Mannor c. To have and to hold the said Mannor Lands and Premises and every part or parcel thereof unto him the said C. D. his Heirs and Assigns for ever to the only use and behoof of the said C. D. his Heirs and Assigns for evermore 14. This Indenture c. Between A. B. of To suffer a Recovery with the recital of the said former deed with double Voucher the first part C. D. of the second part and E. F. on the third part Whereas the said A. B. hath by his Indenture of bargain and sale bearing Date the c. last past before the Date hereof for the consideration therein exprest granted bargained and sold unto the said C. D. and his Heirs all that the Mannor c. to the end of the Habendum which said bargain and sale was made to him the said C. D. and his Heirs to and for the only use intent and purpose that the said C. D. should be sole Tenent of the Premises to a Precipe against whom the Recovery hereafter mentioned might be had in manner and form following Now Witnesseth this present Indenture And it is covenanted concluded and ageed by and between all the said Parties to these presents for the â—selves respectively and their Heirs That before the end of the Term of the Holy Trinity next enâ—uing the Date hereof there shall be at the only cost and chaâ—gâ—s of the said E. F. more brief one Recovery in the nature of a common Recovery for Lands Tenements and Hereditaments in such caâ—es used and accustomed had and executed of the said Mannor c. in his Majesties Court of Common Pleas usually held at Westminster by and in the name of the said E. F. demaâ—dant against the said C. D. Tenent of the said Mannor c. with the appurtenantes who shall vouch to warranty the said A. B. who being vouched shall appear gratiâ— and vouch to warranty the common Vouchee who shall appear gratis and shall enter into the warranty and afterwards make default to the end that a perfect common Recovery shall and may be of the said Mannor Messuages and Lands with the Appurtenances had and prosecuted in all things according to the usual order and form of common Recoveries for assurance of Lands Tenements and Hereditaments in such cases used and accustomed 15. This Indenture c. Between A. B. of To suffer a Recovery of Lands in sevâ—ral Coâ—nties bâ— several Writs with double Voucher the first part C. D. of the second part and E. F. of the third part Witnesseth That it is covenanted granted and concluded by and between the said Parties to these presents in manner and form following That is to say that the said C. D. †Note he is made Tenent to the Precipe by a former Deed. shall before the Feast of c. now next ensuing the Date hereof suffer the said E. F. to pursue three of the Kings Majesties Writs of entry sur disseisin en le post against the said C. D. before his Majesties Justices of the Common Pleas at Westminster By one of which said Writs of entry the said E. F. shall demand against the said C. D. all that Mannor c. in the County of M. And by
one other of the said Writs the said E. F. shall demand against the said C. D. one Messuage or Tenement with the Appurtenances lying and being in C. in the County of S. and by the third Writ of entry the said E. F. shall demand against the said C. D. All that Capital Messuage c. scituate lying and being in B. in the County of H. By which three several Writs the said Mannor and several Messuages and Lands aforesaid in them respectively to be contained shall be demanded as aforesaid by such name and names quantities qualities and numbers of Acres as by the said E. F. or his Council Learned in the Law shall be thought fit Unto which said several Writs the said C. D. shall appear gratis and after such appearance and defence by him made thereto shall vouch to warranty the said A. B. who shall likewise appear gratis and vouch over to warranty the common Vouchee who shall likewise appear gratis and enter into the warranty and after imparle and make default whereupon the said E F. shall have Judgment to Recover the said several Mannor Messuages Lands and Tenements before mentioned against the said C. D. and that the said C. D. shall recover over in value against the said A. B. and that the said A. B. shall have Judgment to recover over in value against the common Vouchee And it is likewise An other Writ for London by Writ of Right Patent concluded and fully agreed by and between the said Parties to these presents that the said C. D. shall likewise suffer the said E. F. to pursue the Kings Majesties Writ of Right Patent against the said C. D. to be returnable and returned before the Major and Sheriffs of the City of London in the Court of the Hustings of the said City by which Writ of Right the said E. F. shall demand against the said C. D All those several Messuages lying and being in c. within the said City by the name of three Messuages and two Gardens with the Appurtenances of them and every of them in the Parish of St. H. within the said City And that at the day of the return of the said Writ the said C. D. shall appear thereunto and after defence made shall vouch to warrant the said A. B. who shall likewise appear and enter into the warranty and shall vouch to waranty the common Vouchee who shall likewise appear imparse and make default and depart in despight whereby the said E. F. shall have Judgment according to the Laws and Customs of the said City to recover the said three Messuages and two Gardens against the said C. D. and for the said C. D. tâ— recover in value against the said A. B. and for the said A. B. to recover in value against the said common Vouchee 16. This Indenture c. Between A. B. of To suffer a Recovery with single Voucher the one part and C. D. of the other part Witnesseth That it is covenanted granted concluded and agreed by and between the said Parties to these presents that the said C. D. shall before the Feast of c. purchase and sue forth against him the said A. B. at the proper cost and charges of the said C. D. one original Writ of entry sur disseisin en le post returnable before his Majesties Justices of the Court of Common Pleas at Westminster and shall thereby demand against the said A. B. all that the Messuage Lands c. by such name or names quantities and numbers of Acres as the said C. D. or his Council shall advise or require Unto which said Writ to be purchased the said A. B. shall appear gratis and shall vouch to warranty the common Vouchee who shall likewise appear gratis and enter into the warranty and Imparle and make default that thereupon Judgment may be given that the said C. D. shall recover the said Messuage Lands and Premisses with the Appurtenances against the said A. B. and that the said A. B. shall recover in value against the common Vouchee so that a perfect Recovery may be thereupon had And that the said Parties to these presents and the said common Vouchee shall at the cost and charges in the Law of the said C. D. make do suffer and execute all and every matter and thing matters and things whatsoever meet necessary and expedient for the prosecution of the said Recovery according to the Course of Common Recoveries with single Voucher c. 17. This Indenture c. Between A. B. on An other with single Voucher more brief the one part and C. D. of the other part Witnesseth that it is covenanted concluded and agreed by and between the said Parties o these presents for them and their Heirs that before the end of the Term of the Holy Trinity next ensuing the Date hereof there shall be at the only cost and charges of the said C. D. one Recovery with single Voucher in the nature of common Recoveries for Lands Tenements and Hereditaments in such Cases used and accustomed had and executed in his Majesties Court of Common Pleas usually holden at Westminster of all that Mannor c. against the said A. B. Tenent of the said Mannor and Premises with the Appurtenances who therein shall vouch to warranty the common Vouchee who thereupon shall appear gratis and enter into the warranty and afterwards make default to the end that one perfect Recovery shall and may be of the said Mannor Messuages and Lands with the Appurtenances had and prosecuted in all things according to the usual order and form of common Recoveries for assurance of Lands Tenements and Hereditaments in such Cases used and accustomed c. 14. This Indenture c. Between A. B. and An other with single Voucher by a man and his Wife E. his wife of the one part and C. D. of the other part Witnesseth that the said A. B. for divers good causes and considerations him hereunto moving doth for him his Heirs Executors and Administrators covenant and grant to and with the said C. D. his Heirs and assigns by these presents That he the said A. B. and E. his wife shall and will permit and suffer the said C. D. to prosecute one Writ of entry sur disseisin en le post against them the said A. B. and E. his wife of and for all that Mannor c. with their and every of their Appurtenances by such name or names quantities and numbers of crâ—s and in such sort manner and form as by the said C. D. or his Council learned in the Law shall be reasonably devised advised or required The which said Writ of entry so as aforesaid or in any other manner to be brought shall be returnable in such Court or Courts and before such Judges or Justices as the said C. D. or his Council learned in the Law shall advise or direct befâ—re the end of Michaelmas Term now next coming after the Date of these presents
according to the course of common Recoveries of the Mannor c. and all and every other the Premisses with the Appurtenances 6. Which Recovery so as aforesaid or in any The Uses other form to be had suffered and executed and all other Recoveries to be had suffered and executed by and between the said Parties or any of them of the said Mannor and Premises before the said Feast of c. and the Recoverors in and to the said Recovery and Recoveries shall immediately from and after the suffering and executing thereof stand and be seized of the said Mannor and Premises to the uses intents and purposes hereafter specified expressed and declared and to none other use intent or purpose whatsover That is to say to the use of c. Or thus And it is covenanted granted concluded and agreed by and between all the said Parties to these presents that the said Recovery so to be had and executed as aforesaid and every common Recovery with Vouchers before the said Feast of c. to be suffered by the said C. D. and E. F. or the survivor of them of the said Mannor and Premises and of every or any part thereof by what names or additions soever the same shall fortune to be had or suffered immediately from and after the Execution thereof shall be and the Person or Persons who shall thereby Recover the Premises or any part thereof and his or their Heirs after such Execution shall stand and be seized of the said Mannor and Premises or such part thereof as shall be recovered as aforesaid to the use of c. Or thus And it is covenanted granted and concluded by and between all the said Parties to these presents And either of the said Parties doth by these presents covenant grant conclude and agree to and with the other in maner and form following That the said G H. and K. immediately from and after the said Recovery had and Executed as aforesaid shall stand and be seized of and in the said Mannor c. and other the Premises with the Appurtenances And that the said Recovery and the force effect and execution of the Premises or any part thereof by and between the said Parties before the Feast of c. shall be and shall be adjudged deemed reputed and taken to be to the uses intents and purposes in these presents mentioned and declared viz. To the use of c 7. This Indenture made c. Between A. Upon a Recovery already had with double Voucher B. on the first part C. D. and E F. on the second part and G. H. and I. K. on the third part Whereas the said A. B. by one Indenture of bargain and sale bearing Date c. vide Sect. 5. and recite it as there And whereas afterwards That is to say in the Term of St. Hillary then next following the said G. H. and I. K. did pursue out of the said Court of Chancery one Writ of entry sur disseisin en le post against the said C. D. and E. F. returnable before the Justices of his Majesties Court of Common Pleas at Westminster whereby the said G H. and I. K did demand against the said C. D. and E. F. the said Mannor c. as in the Recoverie to which Writ the said C. D. and E. F. did appear in proper Person and after defence made did vouch to warranty the said A. B. who did likewise appear in Person and entred into the warranty and vouched over the common Vouchee who did likewise appear in person and entred into the warranty and after make default whereby several Judgments were had according to the course of common Recoveries used in the said Court of Common Pleas. 8 Now witnesseth this present Indenture And The uses it is hereby declared and expressed that the true intent and meaning of all the said Parties to these presents before and at the Time of suffering the said Recovery was and ever since hath been and yet is that the said Recovery and the whole execution thereof should and for ever hereafter shall be and inure And the said Recoverors and their Heirs shall for ever hereafter stand and be seized of and in the said Mannor c. and all and every the Premises before mentioned with the Appurtenances To the use of c 9. And the said A B. C. D. and E. F. for Release of Errors sometimes used them and every of them their and every of their Heirs do and for every of them doth by these presents remise and for ever quit claim unto G. H. and I. K. and their Heirs and all and every Person and Persons whatsoever that shall or lawfully may have any Estate Title Interest or demand of into or out of the Premises or any part or parcel thereof by force or Vertue of the said Recovery and the execution thereof and of these presents or any limitation matter or thing herein contained All and every Error and Errors Writ and Writs of Error misprisions misentries and other cause and causes of Writ or Writs of Error which they the said A. B. C. D. and E. F. or any of them their or any of their Heirs have or hereafter may or ought to have for or by reason of any Error or Errors misprision misentry or other defect whatsoever in or about or any way touching or concerning the said Recovery or any proceeding or prosecution thereof 10. This Indenture made Between A. B. and Another upon Recovery with double Voucher already had E. his wife of the first part C. D. and E. F. of the second part and G. H. and I. K. on the third part Whereas the said A. B. and E. his wife did in Michaelmas Term last levy and acknowledg one Fine sur cognizance de droit come câ—o c. in the Court of Common Pleas at Westminster unto the said C. D. and E. F. of all that Messuage and Lands c. to the intent and purpose that the said C. D. and E. F. might be Tenents of the Frehold of the said Messuage Lands and Premisses and that a Writ of entry sur disseisin en le post might be brought and prâ—secuted against them to the end that a common Recovery might be had of all and singular the said Messuage Lands and Premisses according to the form of common Recoveries had used and accustomed And whereas a common Recovery hath been sithence had in and by a writ of entry sur disseisin en le post of the Premisses against the said C. D. and E. F. by the said G. H. and I. K. Wherein the said C. D. and E. F. did vouch to waâ—ranty the said A. B. who thereupon entred into the warranty and over to warranty the common Vouchee who likewise appeared and entred into the warranty and after made default whereby several Judgments were had according to the use of common Recoveries with double Vouchers for assurance of Lands and Tenements which Recovery hath been
their former Estate Any thing herein before contained to the contrary thereof in any wise notwithstanding 3. This Indenâ—ure c. Between A. B. of the one An other to secure from suertiship part and C. D. of the other part Whereas the said C. D. at the request and for the only and proper Debt of the said A. B. is and standeth bound together with and for the said A. B. in and by several Bonds and other Writings obligatory in a Schedule hereunto annexed particularly mentioned for several Sums of Money to several Persons in the said Schedule likewise mentioned Now witnesseth these presâ—nts That the said A. B. for the better security of and saving harmless and indempnified the said C. D. his Heirs Executors and Administrators and his and their Lands Goods and Chattels of and from the said several Engagements and for their good Causes and Considerationâ— hath c. let there be a Feoffment Bargaine and Sale c. Provided always and upon condition That if the Proviso said A. B. his Heirs Executors or Administrators shall and do well and truly satisfie and pay or cause to be well and ttuly satisfied and payed all and every the said Sum and Sums of Money for the payment whereof he the said C. D. is and standeth bounden with and for the said A. B. as aforesaid in the said Schedule mentioned according to the several effâ—cts and purports of the said Writings obligatory and deliver or cause to be delivered up unto the said C. D. hiâ— Executors or Administrators all and every the seveâ—al Bonds and Writings obligatory to be cancelled or else sufficient Releases and Discharges touching or concerning the same and that within one Month after the several and respective Sums of Money therein mentioned shall severally and respectively become due and payable That then and from thenceforth c. as in the former precedent Sect. 2. 4. Provided always and it is the true intent Proviso to make void a Rent charge granted in Fee upon payment of money and meaning of the said parties to these presents That in case the said A. B. his Heiâ—s or Assigns or any of them shall be minded or determined to purchase out redeem or discharge his said Lands and Tenements of and from the said Rent charge and shall by the space of six Months before any Feast of St. Michael the Archangel give knowledg and notice of such his mind and determination unto the Person or Persons of the said C. D. his Heirs or Assigns or any of them or shall by the said space openly leave to or for the said C. D. his Heirs or Assigns at the now dwelling House of the said C. D. any Writing or Note signifying such his determination and purpose And also shall and do at the Feast of the Annunciation next following after such Notice given or left as aforesaid pay or cause to be paid unto the said C. D. his Heirs or Assigns the full Sum of c. of lawful Moneys of England together with all the Arerages of the said Annuity or Rent-charge if any shall be that shall be behind or unpaid on the said Feast of Annunciation at one entire payment that then and immediately from and after the payment of the said Sum of c. and Arrerages aforesaid if any shall be the said Annuity or Annual Rent-charge of c. by the year and these presents and every Covenant Article and thiâ—g therein contained shall cease determine and be utterly void Any thing in these presents contained to the contrary thereof in any wise notwithstanding 5. Provided always And it is covenanted concluded a part upon money paid Another to abate in and agreed by and between the said Parties to these presents That if the said A. B. his Heirs Executors Administrators or Assigns upon six Months warning thereof in writing under his or their hands before hand to be given by the said A. B. his Heirs Executors Administrators or Assigns unto the said C. D his Heirs Executors Administrators or Assigns shall and will at or upon any first Day of May or Feast of All Satnts at or in the place aforesaid pay or cause to be payed unto the said C. D. his Heirs Executors Administrators or Assigns the Sum of 100 l. of lawful Moneys of England over and besides the said Rent-charge or Annual Sum of c. and the Arrears thereof if any then shall be That then and from thenceforth from and after the said payment or payments so made as aforesaid of every of the said Sum or Sums of 100 l. with Arrears of the said Rent if any shall be to be Endorsed upon both parts of these Iâ—dentures and subscribed by the said C. D. his Heirs Executors or Administrators for every Hundred Pounds that shall be paid as aforesaid over and besides the said Arrears if any shall be the full and entire Sum of 100 l of the said 500 l. yearly Rent â—r Annunity hereby granted as aforesaid shall cease and be determined Any thing herein before contained to the contrary hereof in any wise notwithstanding CHAP. V. vid. chap. 7 the forms of limitations of uses Containing the Several Ways and Forms of Introducing Uses upon Fines Recoveries and other Conveyances 1. THâ—s Indenture c. Between A. B. and Upon a Fine to be levied E. his wife on the one part and C. D. and E. F. on the other part Witnesseth That for the Conveying Assuring and sure making of all and singuler the Messuages Lands Tenements and Hereditaments hereafter in these presents mentioned to the uses inâ—ents and purposes hereafter in and by these presents expressed limitted and declared It is agreed and concluded by and between the said parties to these presents And the said A. B. for himself his Heirs Executâ—rs and Administrators doth covenant grant and â—gree to and with the said C. D. and E. F. their Heirs Executors and Administrators and every of them by these presents That he the said A. B. and E. his wife shall and will at the proper costs and charges of the said A. B. before the Feast of c. next ensuing the Date hereof in due forme of Law acknowledg and levy before the Justices of his Majesties Court of Common Pleas at Westminster one Fine Sur cognizance de droit come ceo c. with Proclamations unto the said C. D. and E. F. of all the Messuage or Tenement c. and here set down particularly the Messuages and Lands to pass by certain Name or Names and quantities of Acres in the said Fine to be contained And that the said Fine so to be had and levied as aforesaid Several forms to begin the limitation of uses or in what manner or forme soever the same shall be had shall be and inure and the said C. D. and E. F. shall by force thereof stand and be seized of the said Messuage and Lands and all other the Premises with the Appurtenances to the
executed by Writ of habere facias scisinam as by the Records of the said Court it doth and may appear 11. Now witnesseth this present Indenture The Uses That the true intent and meaning of the said A. B. and of the said Recoverors and of all the Parties to the said Recovery and to these presents and of every of them before and at the Time or Times of suffering the said Recovery for touching and concerning the said Messuages Lands Tenements and Hereditaments and every of them whereof the said Recovery was suffered and had was and now is That the said Recovery should and shall be and inure and shall be construed adjudged deemed and taken to be and inure And that the said Recoverors and every of them and their Heirs and all and every other Person or Persons and his and their Heirs who then were or now are or hereafter shall be seized of the said Messuage Lands and Premisses or of any part thereof by force of the said Recovery should and shall stand and be seized of the same and every part and parcel thereof to the uses purposes and intents and under the Provisoes conditions and limitations hereafter in these presents expressed limited and declared and to no other use intent or purpose whatsover That is to say c. 12. This Indenture made c. Between A. B. Upon a Recovery with single Voucher to be had of the one part and C. D. and E. F. of the other part Witnesseth That it is covenanted concluded and agreed by and between the said Parties to these presents And the said A. B. for himself his Heirs Executors and Administrators doth covenant grant and agree to and with the said C. D. and E. F. and their Heirs by these presents That he the said A. B. shall permit and suffer the said C. D. and E. F. to prosecuâ—e one Writ of entry sur disseisin en le post against the said A. B. of and for all that Mannor c. with their and every of their Appurâ—enances by such name and names quantities and numbers of Acres and in such manner and form as shall be thought fit and expedient Unto and in which Writ the said A. B. shall appear gratis and vouch over to warranty the common Vouchee who shall likewise appear gratis and enter into the warranty and make default in contempt of the Court whereby one Recovery shall or may be had or suffered against the said A. B. of the said Mannor c. according to the usual course of common Recoveries for assurance of Lands and Tenements And it is further concluded and agreed by and between the said Parties to these presents That the said Recovery shall be had and suffered as aforesaid before the end of Michaelmas Term next ensuing the Date hereof And that the said Recovery and the Execution thereof and the full force and effect of the same shall be and inure And that the said Recoverors and their Heirs immediately after the same and the Execution thereof had and made shall stand and be seized of the said Mannor Messuages Lands and Premisses to the uses intents and purposes herein after mentioned That is to say to the use of c. 13. This Indenture c. Between A. B. of the Upon Recovery with single Voucher already had one part and C. D. and E. F. of the other part Whereas the said C. D. and E. F. did in Michaclmas Term last past before the Date hereof upon a Writ of entry sur disseisin en le post before his Majesties Justices of the Court of Common Pleas at Westminster Recover by common Recovery against the said A. B. one Mannor c. setting down the Particulars and the Revertion and Revertions Remainder and Remainders of all and singuler the Premisses and of all and every part and parcel thereof by the name of c. prout en le Recovery in which Recovery the said A. B. did vouch to warranty the common Vouchee whereby a good and perfect common Recovery with single Voucher of the said Mannor Messuages Lands and Premisses according to the usual form of Common Recoveries was had and after executed against the said A. B. and his Heirs as by the Record thereof remaining in the said Court of Common Pleas more at large it doth and may appear 14. Now witnesseth this present Indenture And Uses it is hereby declared that the true intent and meaning of all the Parties to the said Recovery and to these presents was before and at the time of the said Recoverie and yet is for touching and concerning the said Mannor Messuages Lands Tenements and Premisses and every part thereof whereof the said Recovery was had and executed as aforesaid that the said Recovery and the execution therof should and shall be and inure and be construed adjudged and taken to be and inure and that the said Recoverors and their Heirs should and shall stand and be seized of the said Mannor Messuages Lands Hereditaments and Premisses and of every part and parcel thereof with the Appurtenances to the uses intents and purposes hereafter in these presents set down expressed and declared and to no other use intent or purpose whatsoever That Upon a Fine and Recovery with double Voucher to be had of several things viz. the Fine of one and the Recovery of an other is to say to the use of c. 15. This Indenture tripartite made c. Between A. B. and E. his wife of the first part C. D. and E. F. of the second part and G. H. and I. K. of the third part Witnesseth That the said A. B. for himself his Heirs Executors and Administrators doth covenant and grant to and with the said G. H. and I. K. their Heirs Executors and Administrators by these presents that he the said A. B. and E. his wife shall and will on this side and before the Feast of c. acknowledg and levy in due form of Law before his Majesties Justices of the Common Pleas at Westminster one Fine sur cognizance de droit come ceo c. with Proclamations unto the said G. H. and I. K. of all that his Mannor of M. c. by such name or names quantities and numbers of Acres as they the said G. H. or I. K. or either of them their or either of their Councel learned in the Law shall reasonably devise advise or require And whereas the said A. B. hath by Indemure of bargain and sale bearing Date the c. last past before the Date hereof and inrolled in his Majesties High Court of Chancery the 20th Day of the same month of c. made between the said A. B. of the one part C. D. and E. F. of the other part for the consideration therein mentioned granted bargained and sold unto the said C. D. and E. F. their Heirs and Assigns all that Messuage or Tenement and Lands in B. c. and the Revertion and Revertions Remainder and
him sealed and subscribed in the presence of two or more credible Witnesses to alter change inlarge revoke frustrate and make void all every or any of the Use or Uses Estate and Estates herein before expressed limited mentioned declared or appointed to any Person or Persons of and in the said Mannors Messuages Lands Tenements Hereditaments and Premisses or in any of them or in any part or parcel of them or any of them and thereof or of any part thereof to create declare limit or appoint any other Use or Uses Estate or Estates to any Person or Persons herein before named or to any other Person or Persons whatsoever in such sort manner and form as the said A. B. shall think meet and convenient and that at all times and from time to time immediately from and after such alteration change enlargement revocation or making void of all or any the said Use or Uses Estate or Estates and Declaration Limitation or Appointment of any other Use or Uses Estate or Estates all and every those Use and Uses Estate and Estates of and in the said Mannors Messuages Lands Tenements Hereditaments and Premisses or of or in any part or parcel thereof or such of them which shall be so revoked and declared to be made void as aforesaid shall cease determine and be utterly void and frustrate And that then and from thenceforth the said Fine and all and every other Conveyance and Conveyances Assurance and Assurances whatsoever had or at any time hereafter to be had or made between the said Parties or any of them of the said Mannors and Premisses or of such part thereof whereof such other Use or Uses Estate or Estates shall be so limited or declared as aforesaid shall be adjudged deemed construed and taken to be and inure and the said Cognizees of the said Fine and the Survivors and Survivor of them and the Heirs of the Survivor of them shall immediately from thenceforth stand and be seized thereof and of every part thereof to and for such Use and Uses Estate and Estates intents and purposes and of such Person and Persons and in such sort manner and form as the said A. B. in or by such Deed or Deeds in writing or last Will and Testament in writing to be sealed subscribed and testified as is aforesaid should create declare limit express or appoint and to no other use intent or purpose whatsoever And whereas afterwards Recital del Fine in performance of the Covenants Grants and Agreements in the said recited Indenture mentioned One Fine sur Cognizance de droit come ceo c. was had levyed acknowledged and executed of and for the said Mannors Lands Tenements and Hereditaments and Premisses in the Court of Common-Pleas at Westminster before his Majesties Justices of the said Court by me the said A. B. unto the said C. D. E. F. and G. H. which said Fine was had levyed and acknowledged to the Uses intents and purposes and with and under the several Provisoes Conditions and Limitations in the said recited Indenture mentioned Now know ye that I the said A. 〈◊〉 for divers good The Revocation Causes and Considerations me moving and by vertue of the said Proviso before mentioned and liberty power and authority thereby to me given and reserved Have altered changed revoked determined and made void And by this present Writing being by me signed and sealed in the presence of the Persons under-named do alter change revoke determine and make void all and every the said Use and Uses Estate and Estates Created raised declared limited and appointed by the said recited Indenture and Fine and either of them and by force of the Statute of transferring Uses into Possession of and in the said Mannors Lands Tenements Hereditaments and Premisses and of or in any part or parcel thereof And I the said A. B. The limitation of New uses out of the Fatherly love and affection that I do bear unto R. G. my onely Daughter and Heir apparent now wife to N. G. of c. Esq and to the Heirs of her Body lawfully begotten do by these presents by vertue of the said Proviso in the said recited Indenture contained and the liberty power and authority therein and thereby to me given and reserved as aforesaid Create declare limit and appoint That the said Fine so had levyed and acknowledged as aforesaid of the said Mannors and Premisses herein before mentioned as aforesaid shall be and inure and that the said Cognizees and their Heirs shall stand and be seized of and in the said Mannors and Premisses and of and in every part and parcel thereof to the use and behoof of me the said A. B. for and during the term of my natural life without impeachment of or for any manner of Waste And immediately from and after my decease to the use and behoof of the said R. G. and N. G. her Husband and of the Heirs of the Body of the said R. G. and in default of such Issue to the use and behoof of the right Heirs of me the said A. B. for ever Here may be a Proviso for Revocation of these Uses 3. To all Christian People c. A. B. of c. Another with a more brief recital sendeth greeting in our Lord God Everlasting Whereas in and by one Indenture bearing Date the c. made between me the said A. B. of the one part and I. S. of c. Gent. on the other part There is amongst other things one Proviso contained in these or the like words in effect hereafter following that is to say Provided always c. and to set forth the Proviso word for word As in and by the said recited Indenture more plainly and at large it doth and may appear Now know ye That I the said A. B. pursuant to the said Proviso and the power and authority to me thereby given do by this my present Deed or Writing sealed and subscribed by me the said A. B. in the presence of three credible Witnesses whose Names are hereunto subscribed declare and publish my mind intent and meaning to be to revoke alter make void and frustrate And I do by these presents revoke alter make void and frustrate all and every the Use and Uses Estate and Estates Trust and Trusts in and by the said recited Indenture declared limited and appointed of for and concerning all and every the Mannors Messuages Lands Tenements and other Hereditaments mentioned contained and specified in the said Indenture with their and every of their Appurtenances and of for and concerning every part and parcel thereof And I do hereby further declare limit and appoint That the said Mannors Messuages Lands Tenements and other Hereditaments with Th' appurtenances shall remain and be and that the said I. S. and his Heirs and all and every other Person and Persons standing and being or which at any time hereafter shall stand and be seized of and in the same shall stand and be
limited to Daughters in default of Heirs Males to cease upon payment of their Portions by him in remainder and the Vse then is limited to him Ch. 9. S. 16 17. A Vse li 〈…〉 ed to the Cognizors Wife to cease upon settlement of other Lands on her with a Limitation over Ch. 11. 8. 1. A Vse limited to persons to whom a Rent is appointed upon default of payment Ch 11. S. 4 5. A Vse to cease if Cestuy que use marry without Fathers consent and a Limitation over Ch. 11. S. 6. A Vse limited to a Wife altered upon her claim of Dower Ch. 11. S. 9. Vse altered upon non payment of money Ch. 11. S. 12. Uses limited to pay Portions to Children A Use to Cognizees to pay Portions and allow maintenance until paid C. 9. S. 11 12 13. If Feoffor c. die without Daughters or after the Portions paid the Limitation to be void with remainder over Ch. 9. S. 14 15 18 19 20. Ch 14. S. 13. For payment of a Rent to raise Portions Ch 9. S. 21. Uses limited to pay Debts A Use limited for years to pay the Cognizors Debts and Annuities by him granted Ch. 10. S. 1. Use limited that the Land shall be sold to pay Debts Ch. 20. S. 2 3. A Limitation for years to Cognizors Executors to pay Debts S. 4. And Legacies ibid. To perform the Cognizors Wâ—ll S. 5. Ch. 14. S. 6. A Use of a Mannor to be sold c. Ch. 14. S. 2. A Use limited to such persons as the Cognizor shall appoint by Will until a sum raised c. with a Limitation over Ch 10. S. 6. Power given to revoke Uses and appoint new See the former Table in Ch. 12. The forms of Deeds of Revocation See the former Table in Ch. 13. See also before in this Table Title Revocation Writings and Evidences A Covenant to produce them in defâ—nce of the Title Ch. 3. S. 25. Waste A Limitation for life without impeachment of waste and power to commit waste Ch. 7. S. 7 8. Without impeachment of waste as to Woods c. S. 2. c. Arcana Clericalia Or THE MYSTERIES OF CLERKSHIP CAP. I. What a FINE is A FINE is that which is accounted of all kind of Assurances the highest and most forcible and although it be but fictio Juris yet it is called a Fine quia finem litibus imponit and is also said to be exceptio peremptoria and therefore not onely esteemed A micabâ—lis compositio but finalis concordia the latter of which it is deservedly said to be quia finem ponit negotio adeo ut neutra pars litigantium ab eo de cetero possit recedere It is an Instrument or Assurance containing a final Agreement commonly made by the consent of persons sometimes by force of a Suite in Law upon some Covenant for the levying thereof concerning Lands Tenements Hereditaments Rent or other things wherein the Kings Licence must be duly had and obtained It must be acknowledged by the Cognizor Deforceant or he that parts with his right in the â—ands contained in the Fine upon a writ of Covenant most commonly but sometimes upon a Quid juris clamat per quae servicia de rationabilibus divisis de Recto patens de Recto clausum warantia Chaâ—tae c. as the case requires before the Iustices of the Common Pleas or such other persons thereunto authorized by Commission out of Chancery and lastly it must be ingrossed upon Record in the same Court there to remain for ever for the ending and composing of all differences and controversies as well between the parties and privies to the same as all strangers not claiming in due time Although a Fine is now become a formal Assurance of common use from the result of a feigned difference yet anciently it was the composure of a real controversie and the end of a Suite indeed For after the parties had contended by suite in law about the thing in question by agreement a fine was levyed of it and so the difference was ended This of all other is esteemed the best Assurance and is much of the nature of a Feoffment with Livery and Seisin executed thereupon but of greater efficacy and therefore called a Feoffment upon Record By this Lands may be conveyed in Fee-simple Fee-tayl for life or for years and rent thereby also reserved And lastly to sum up all in the words of the Sages of the Law There neither is nor can be provided by the Laws of the Land any greater or more noble Security by which any person may make his Estate more secure or produce a Testimony of the highest Nature for confirmation of his Estate then a Fine levyed in the Kings Court upon Record which is therefore called a Fine because it ought to be the Complement and end of all proceedings and differences CAP. II. Of the several kinds of a Fine OF Fines there be four kinds The first whereof is called a Fine sur Cognizance de droit come ceo que il ad de son done which is single and called also a Fine sur Release The second is a Fine sur Cognizance de droit come ceo que il ad de son done which is double and properly called a Fine sur done grant render The third is called a Fine sur Cognizance de droit tantum which is sometimes single sometimes with Grant and then it is called a Fine sur done grant And the fourth a Fine sur concessit A Fine sur Cognizance de droit come ceo que A Fine sur Cognizance de droit come ceo c. what it is il ad de son done is the best most principal and surest of all kind of Fines by which an Estate passeth absolutely to the Cognizee without rendring any thing back again to the Cognizor and therefore is said to be single It is levyed with Proclamations according to the form of the Statute 4 H. 7. Cap. 24. It is said to be executed viz. such a Fine whereby the possession in Law of the lands contained therein is immediately transferred to and vâ—sted in the Cognizee without the help of a writ of habere facias seisinam so that he may enter for that the Estate is thereby in law in the Cognizee that is to say to such uses as are declared in the deed leading the use of the Fine for take this for a maxime That unless it be declared by deed or otherwise to what use the Fine was levyed the Fine shall be and inure to the use of the Cognizor that levyed the Fine A Fine sur done grant render is that which is A Fine sur done grant render what called a double Fine being in a manner two Fines that is to say A Fine sur Cognizance de droit come ceo c. and a Fine sur Concessit form'd into one whereby the Cognizee after Release and warranty made to him by the Cognizor of the lands
Members though the greatest part of them consent thereto without the general consent of the whole Corporation may Levy a Fine for that shall not be good Corporations Spiritual as Bishops Deans and Chapters Heads and Fellows of Colleges and the like are forbidden and restrained by divers Acts of Parliament from levying any Fine of their lands belonging to them at this day but of the lands such persons have in their own Right they may levy Fines as other persons may do A Fine levyed by one Ioyntenant Tenant in Common or Partner of Lands so held by him to a Stranger another Ioyntenant Tenant in Common or Partner will be good And lastly take this general Caution concerning Cognizors in Fines That they must be such and have such an Estate in the Lands intended to be granted by Fine as they are not prohibited by any Law to levy the Fine otherwise the Fine will be void And hence it is That Bishops Deans and Chapters Prebends Parsons Vicars and the like may not levy a Fine of any Ecclesiastical Lands in which they have any Estate of Freehold in right of their Churches Houses c. for if they do it will be void after their lives Coke 11. 78. Plowd 575. 538. 375. 21 Edw. 4. 13. And hence it is that he that hath an Estate Tayl of the Kings gift of provision may not levy a good Fine of it to bind the King or the Issue in Tayl by 32 H. 8. Cap. 28. And that a Fine levyed by the heir that is an Intruder upon the Kings possession is void 1 H. 7. 5. 24 Edw. 3. 65. And hence it is that he that hath an Estate in Fee-simple of lands in the Right of his wife may not levy a Fine thereof without her and if he do she or her heirs or other person to whom the right may come may avoid it after her death 32 H. 8. Cap. 28. 12 Edw. 4. 14. Coke 6. 55. Brooke Fines 121. Concerning Cognizees in Fines you are to Wâ—o may be Cognizees in Fines know That any person that is capable of being a good Grantee in a Deed may be a good Cognizee in a Fine and may thereby have and take the thing granted by it And so any man or woman Sole or Covert of full age or under age any mad or Lunatick person Ideot or man de non sane memorie any person in or out of prison or beyond Sea any person attainted of Felony or Treason or outlawed in a personal Action a Bastard a Clerk convict an Alien any one of these may be a Cognizee and take by a Fine as well as by a Deed. And a Fine levyed to any such person is good 50 Edw. 3. 9. 3 H. 6. 42. 24 Edw. 3. 62. So Corporations Spiritual and Temporal Civil or Corporal may be Cognizees in Fines and Fines levyed to them will be good But before the Ingrossing of such a Fine there goeth alwaies a Writ to the Iustices of Common Pleas Quod permittunt Finem illum levari Note that a Fine sur Cognizance de droit come ceo c. may not be levyed to any person but one that is party to the writ of Covenant Except the Cognizee be a Demandant in a writ of Entry And so a Fine levyed by the Demandant to the Vouchee who is supposed by the Law to be Tenant to the land or from the Vouchee to the Demandant is good and yet they are not Parties to the Writ But a Fine levyed by the Vouchee to a Stranger is void Coke 3. 29. 7 Edw. 4. 13. Care must be taken in Fines that Cognizors and By what names Cognizors and Cognizees may give and take in a Fine Cognizees must be named in Fines by their right names of Baptism and Surname except they be Kings Princes Dukes Marquesses Earls Viscounts or Barons which are admitted without any surname as Jacobus Rex Angliae Carolus Princeps Walliae Johannes Dux Lancastr c. But for Knights Esquires and Gentlemen which be names of Worship and Honour their Christian name and Sur-name are alwaies expressed together with their Additions And as for the Additions of Bishop Dean Parson c. they are admitted in Fines rather out of Courtesie then necessity for the Fine may be good without them Brownlow 1. part 30. 7 H. 4. 22. 1. Ass pl. 11. 14 H. 6. 15. 21 Edw. 4. 8. 1. Ass pl. 11. But if there be two of one name it is best to distinguish them by Seniori Juniori or the like Brownlow 1. part 30. So if it be a Corporation or Fraternity to be named in the Fine care must be had that it be done by the very true name of the Corporation as it is named in the Charter and Foundation of it 11 H. 4 44. 14 H. 4. 20. 7 H. 6. 27. 37 H. 6. 29. CAP. V. Of what things Fines may be levyed and â— by what Names and how the Parcels are to be placed therein A Fine may be levyed of all things whereof a Of what things Fines may be levyed Precipe quod reddat lyeth or of which a writ of Entry may be brought It will be good of all things Ecclesiastical or Temporal that are inheritable and in Esse at the time of the levying of the Fine So a Fine may be levyed of an Honour Mannor Island Barony Castle Messuage Cottage Mill Toft Curtilage Dovâ—house Garden Land Meadow Pasture Wood Vnder-wood Chappel River Parsonage Rectory Advowson Vicaridge Tythes impropriate â—stovers Foldage Corrody Office Fishing Warren Fair Mine View of Frank-pledge Waif Stray Felons goods Deodand Hospital Furzes Heath Moor Rent Common Hundred Way Ferry Franchise Seignory Toll Tallage Picage Pontage Services Portion of Tythes Oblations and the like But a Fine levyed of Antient Demesne Lands will not be good Stat. 32 H. 8. Cap. 7. Coke 8. 145. West Symb. 2. part Anciently in levying a Fine of a Mannor it was By what Names things may be levyed in Fines Manerium usual to add to it or explain it by the words Demesns Rents Seigniories Courts Pleas c. And such Generals whereof it consisted but this way is altered and now it passeth by the name of Manerium cum pertinentiis 3. Inst 513. That things passed in Fines must be set down by their Nature and quality as Land Meadow Pasture c. and by the place where they lye there must be apt words used to express the thing named to pass by the Fine For a Fine levyed de tenemento or de hereditamento or de duobus tenementis for the uncertainty of the thing and unaptness of the words is void or voidable at least for Error Crooke 1. 196. Leon. Rep. 188. for the proper word to express a Tenement or Hereditament in a Fine Messuagium is Mesuagium and a Fine levyed de uno mesuagio or duobus mesuagiis is good That one Mannor may be parcel of another Mannor and pass by the name of that Mannor 20 Ass
suggests the Cognizor is dead and pray's a Scire facias against his heir ET super hoc iidem Richardus Jana dicunt quod pred Johannes Law in fine pred nominat mortuus est quodque Elizabetha Law est filia heres predict Johannis Law cui stat in feodo simplici de in Manerio Tenementis predictis cum pertin per finem pred concessus fuit Quodque eadem Elizabetha est modo uxor Alex. Page Et pet brev domini Regis ad premuniend predictos Alex. Eliz. essendi coram domino Rege auditur Record processum predict ei conceditur c. Ideo precept est Vic. Essex quod per probos c. scire fac pred Alex. Eliz. quod sint coram domino Rege apud Westm A die Pasche in quindecim dies ubicunque c. auditur Recordum processum pred si c. Et ulterius c. Idem dies dat est prefat Richardo Jane ibidem c. Ad quem diem coram domino Rege apud Westm ven pred Richardus Jana per Attorn suos pred Et Vic. videlicet A. B. modo mand quod ipse virtute brevis predict sibi inde direct scire fecit prefat Alex. Elizabethe essendi coram dict domino Rege apud Westm. ad diem locum predict prout sibi per brev pred precept fuit per M. R. J. D. probos c. qui quidem Alex. Elizabeth sic premuniti quarto die placiti solempnit exact per J. B. Attorn suum similiter ven super quo pred Richardus Jana ut prius dicunt quod in Recordo processu pred acetiam in levatione finis predict manifeste est Errat allegando Errores predict per ipsos in forma pred allegat Et pet quod finis pred ob errores illos alios in Recordo processu predict compertos revocetur adnulletur penitus pro nullo habeatur Et quod ipsi ad omnia que ipsi occasione finis pred amiser restituantur c. H. 26 Eliz. Rot. 93. in Banco Regis CAP. XI The Charges of a Fine acknowledged either before the Lord Chief Justice at the Bar or before a Judge of Assize or Commissioners in the Countrey by Dedimus Potestatem Sect. I. The Charges of a Fine acknowledged before the Lord Chief Justice are as follow   s. d. DRawing the Precipe and Concord 0 3 4 Acknowledging thereof before the Chief Iustice 0 11 8 Writ of Covenant 0 3 0 Imposition upon the Writ of Covenant 0 0 6 For the Kings Fine according to the value of the Land Imposition thereupon accordingly  The several Fees at the Alienation Office 0 2 4 Warant of Attorney making and filing 0 0 4 Paid at the Inrollment Office 0 2 0 To the Custos Breviâ—m 0 3 8 To the Kings Silver-Office in Term time 0 0 10 If out of the Term 4d more if taken before the Chief Iustice but if by Dedimus you pay 0 1 8 To the Chirographer in Term time and 6d more after 0 5 8 For the Indentures to the Chirographers Clerks for the first warranty 0 3 6 For every Warranty afterwards 0 0 6 Attorneys Fee 0 6 8 Sect. II. The Charges of a Fine acknowledged at the Bar.  l. s. d. TO a Sergeant at Bar 0 3 4 To the second Prothonotary or his Clerk in Court for Recording the Fine 0 1 4 Fees paid in Court to the Box and Officers 0 0 6 In all things else the Fees are the same of a Fine acknowledged at Bar as if it had been taken before the Lord Chief Justice Sect. III. The Charges of a Fine acknowledged before Commissioners in the Country by special Dedimus potestatem TO the Cursitor for the Dedimus with Imposition 1 4 8 To a Iudge for his hand or Allocatur in case a Knight be not present at the Caption 0 4 0 But when a Knight is present you need not a Iudges hand    The rest of the Fees are the same in this Case as when acknowledged before the Lord Chief Justice Sect. IV. The Charges of a Fine taken before a Judge of Assize   s. d. IN this case the Charges are the same as when acknowledged before the Lord Chief Iustice the Fee for the Caption being also 0 11 8 Onely you pay to the Cursitor for a Dedimus potestatem 0 9 6 The rest of the Fees are as Sect. the first ARCANA CLERICALIA OR A Treatise OF Common Recoveries UPON WRITS of ENTRY IN le Post WITH Notes and Observations thereupon AND A TABLE of Fees Printed Anno Dom. 1673. Arcana Clericalia OR A Treatise OF Common Recoveries UPON Writs of Entry In le Post A Common Recovery defined A Common Recovery is onely fictio Juris or a Conveyance by consent used for the better assuring of Lands and Tenements upon any man wherein the Recovery in value the supposed Recompence for him which loseth his land is but a fiction in Law And this Recovery by assent is now by custome become a Common Assurance and Conveyance upon which Vses may be limitted and raised Coke 1 part Sir William Pelhams Case 14. But there is a great difference between a Recovery by assent and a Recovery without assent of the Parties Vide 14. El. Cap. 8. The former definition explained IF any person have a desire to render himself capable of disposing of Lands or Tenements which are intayled upon him and would be enabled to sell give or bequeath them as he pleaseth the course is to procure some friend to bring a Writ against him for this Land or in case where he doth sell the Land perhaps he that buyeth it or is to have it setled upon him shall bring the Writ against him that is to make the Assurance of the Land if it be with a single Voucher And in this case the Demandant being Plaintiff in this Action doth suppose that the Tenant or he against whom the Writ is brought hath no right to the Land but that he onely viz. the Demandant hath right thereunto and that the Tenant came to the Land wrongfully by means of one Hugh Hunt a stranger therein named And to this Writ the Tenant doth appear either by Attorney or in person and then doth enter into defence of the Land but in Pleading doth vouch to warant such a man from whom or his Ancestors the Lands in question are supposed to come to him or his Ancestors the Ancestor of which third person obliging himself and his heirs by Conveyance to warant and make good the Title to him or them to whom it was Conveyed and thereupon he prayeth that this Vouchee or third person may be called into Court to defend this Title whereupon being called he doth appear and seem to defend the Title denying that the Tenant came to the land wrongfully by means of the aforesaid Hugh Hunt upon which he takes Issue