to English so let us also turne some of the Law touching these Deeds out of French into English Bonum quo communius eo melius And I see no more reason why in Law more then in Physick the discovery of the Art should make the Art or Artist the lesse regarded But under correction I should rather think that it will rather make them both the more esteemed as a jewell whose properties are known and that it will make them the more and other men we have before spoken of the lesse to be used and employed in their affairs for the more men know the lesse they think they know and the more they doubt and nothing moves men to be so bold and confident in these matters as their ignorance according to the Proverb Who so bold as blind Bayard And for further answer to this I wish men to see the Preface to the Lord Coke upon Littleton And if any man have any thing else to object and except for some there are that will neither put forth their own strength to doe good nor bear with others that doe so I wish them to undertake the same subject and to perfect and supply my defects And so committing thee to God and this work to thy favourable censure I am Thy true friend W. S. THE CHIEFE CONTENTS of this Book OF Common Assurances in generall Ch. 1. Fol. 1 Of a Fine ch 2. 2 Of a Common Recovery ch 3. 37 Of a Deed ch 4. 50 Exposition of Deeds ch 5. 75 Of a Condition ch 6. 117 Of a Covenant ch 7. 160 Of a Warranty ch 8. 181 Of a Feoffment ch 9. 203 Of a Bargain and Sale ch 10. 221 Of a Gift ch 11. 227 Of a Grant ch 12. 228 Of an Atturnment ch 13. 253 Of a Lease ch 14. 266 Of a Feoffment Gift Grant and Lease ch 15. 284 Of an Exchange ch 16. 289 Of a Surrender ch 17. 300 Of a Confirmation ch 18. 311 Of a Release ch 19. 320 Of a Statute ch 20. 353 Of an Obligation ch 21. 367 Of a Defeasance ch 22. 396 Of a Testament ch 23. 399 Of an Vse ch 24. 501 THE TOVCH-STONE OF Common Assurances CHAP. I. Of Common Assurances in generall THe Common or Generall Assurances or Conveyances of the Kingdome being that by which commonly the property of things is made or changed are of two sorts or are made two manner of waies viz either by matter of Record or by matter of Deed. Those that are made by matter of Record also are made either by matter of Record of a more high nature and extraordinary way or by matter of Record of a more low nature and ordinary way Those Assurances that are made by matter of Record of a more high nature are such as are made by Act of Parliament of which we intend not to treat at all neither doe we intend to meddle with those Assurances that are made by the King unto his Subjects as being matters more transcendent and intricate but those we intend to treat of are onely the common Assurances or Conveyances that are made between Subject and Subject and are of ordinary and daily use for the transferring of the property of lands tenements and hereditaments from one man to another And of these there are observed to bee tenne kinds two whereof are made by matter of Record as a Fine which is said to be a feoffment of Record and a common recovery which is in the nature also of a feoffement of Record and the rest are by matter of Deed as First by feoffement Secondly by Grant Thirdly by Bargain and Sale by deed indented and inrolled Fourthyly by Lease Fiftly by Exchange Sixthly by Surrender Seventhly by Release or Confirmation both which are in nature of Grants Eightly by Devise or by last Will and Testament And some of these also serve to transferre the property of other things as well as of lands and some of them also have other operations and uses as well as to change and alter property and passe things from one man to another as will appear in their proper places And the first thing we shall beginne upon shall be the learning of a Fine and Common Recovery and first of a Fine CHAP. II. Of a Fine THis word is ambiguously taken in our Law for sometimes it is Termes of 〈◊〉 the law tit Fine Co. upon Lit. 126 127. 120 Plow 357. West Symb. part 2. chap. 1. Fine quid taken for a summe of money or mulct imposed or laid upon an offender for some offence done and then also it is called a ransome And sometimes it is taken for an Income or a summe of money paid at the entrance of a tenant into his land And sometimes it is taken for a finall agreement or conveyance upon Record for the setling and securing of lands and tenements And in this sense it is taken here and so it is defined by some to be An acknowledgement in the Kings Court of the land or other thing to bee his right that doth complain And by others A Covenant made between parties recorded by the Justices And by others A friendly reall and finall agreement amongst parties concerning any land or rent or other thing whereof any suit or writ is hanging bteween them in any Court. And by others more fully An instrument of Record of an agreement concerning lands tenements or hereditaments duly made by the Kings license and knowledged by the parties to the same upon a writ of covenant writ of right or such like before the Justices of the Common Pleas or others thereunto authorised and ingrossed of Record in the same Court to end all controversies thereof both between themselves which be parties and privies to the same and al strangers not suing or claiming in due time And in every Fine there is a suit supposed wherein the party that is to have the thing is called the Plaintiffe sometimes also in another respect the conusee Gonusee or Recognisee Conusor or Recognisor Deforceant or Recognisee the other that doth depart with the thing is called the Deforceant sometimes in another respect the Conusor or Recognisor And it is therefore said to be Finalis câ—cordia quia â—inem ponit negotio adeó ut neutra pars litigantium ab eo de caetero possit recedere And it was anciently the end of a suit indeed for after there had been some contention about the thing by suit the parties became agreed who should have it and so a fine was levyed of it and there was an end of the matter and hence it is said to be fructus or effectus legis because it gives a man the fruit or effect of his suit And to this day therefore a writ doth alwaies goe forth before a fine can be levyed and this is now one of the common Assurances of the Kingdome There are five essentiall parts of a Fine First the originall writ The parts of it Co. 5. 38.
of the tenant yet the bargainee shal have benefit of a condition as an assignee within the Statute of 32 H. S. And it seems he may vouch by force of a warranty annexed to the estate of the land because he is in partly in the per and partly in the post All things for the most part that are grantable by any other way See West Symb. tit Bargain and Sale 4. Of what things a bargain and sale may be Or not from one man to another are grantable and may be transferred by way of bargain and sale from one to another And therefore lands rents advowsons commons tithes profits of Courts and the like may be granted by way of bargain and sale in fee simple fee tail for life or years And all manner of goods and chattels as leases for years wardships cattell corn housholdstuffe wood trees merchandises and the like are grantable by way of bargain and sale But it seems Estovers and such like things de novo and that 6 Jac. B. R. Adjudged 21 H. 6. 43. per Yelverton have not essence before are not grantable by way of bargain and sale as they are by way of grant or lease and therefore that a bargain and sale of such things is void If any estate of freehold or inheritance be made of land by way 5. What shall bee said a good bargain sale And what things are requisite to make such a bargain and sale Or not Of lands of bargain and sale the same must be made by a writing or deed Stat. 27 H. 8. ch 16. indented and cannot be made by word of mouth onely as a lease for years whether it be created de novo or be in esse before may be But lands in London by a speciall Proviso within the Statute may be bargained and sold by word of mouth without any writing 2. The very words Bargain and Sell are not necessary to a good bargain sale for words equivalent will suffice to make land Co. 8. 94. 7. 40. 2. 36. passe by way of bargain sale And therefore if a man seised of land in fee do by deed indented and by the words alien or grant sell them to another or if such a man covenant to stand seised of his land to the use of another and these deeds are made in consideration of money and the deeds be after inrolled these will amount to good bargains and sales And if a man by a deed indented and inrolled in consideration of ten pound paid to him by the words demise and grant passe his lands to another for twenty years this is a good bargain and sale 3. There must be some good consideration Co. 1. 176. given or at least said to be given for the land And therefore if A for divers good considerations a Ward versus Lambert Pasche 37 Eliz. or in consideration that the bargainee is bound for the bargainor and for divers other good causes b 41 El. Adjudged or for divers great and valuable considerations bargaine and sell his land by deed indented and inrolled to B and his heirs nihil operatur But if in these cases in truth there be money or other good consideration given albeit it be not expressed upon the deed Dier 169. the bargainee may aver it and being proved the bargain will bee Averment good And if the deed make mention of money paid as in consideration of an hundred pound or the like and in truth no money is paid yet the bargain and sale is good And no averment will lie against this which is expresly affirmed by the deed And if the deed Dier 90. mention and say for a certain sum of money or for a certaine competent sum of money these are good considerations 4. There needs no livery of seisin or atturnment in this case And therefore Co. 7. 40. 8. 94. if one bargain and sell a reversion by deed indented and inrolled for good consideration the reversion will passe without any atturnment of the tenant And if it be onely a lease for years of a reversion that is granted there needs no atturnment nor inrolment And in case of a bargaine and sale the bargainee is in actuall possession before any entry so that the lessee may atturn to the grant of the reversion as hath been ruled in Mittons case Mich. 18 Jac. in Cur'Ward by the two Chief Justices and the whole Court And yet I think he hath not such a possession as to bring any possessory action for trespasse or the like untill an actuall entry for where the Statute of 27 H. 8. of uses provides that the actuall possession shall be adjudged according to the use yet it ought to have a circumstance Co 5. 112. which is requisite by the common law viz. an actuall entry in deed But there must be an inrolment of the deed in case Stat. 27 H. 8. ch 16. Pl. 307. where any freehold doth passe for it is provided That no lands Inrolment Where necessary And how it must be done except in some Corporations only shall passe from one to another by any deed whereby any estate of inheritance or freehold shall be made or take effect in any person or persons to be made by reason only of any bargain and sale thereof except the same be made and done by writing indented sealed and inrolled in one of the four Courts the Chancery Kings Bench Common Pleas or Exchequer or else within the same County or Counties where the lands so bargained and sold doe lie before the Custos Rotulorum and two Justices of the Peace and the Clerk of the Peace of the same County or Counties or two of them at the least whereof the Clerk of the Peace to be one And the same inrolment to be within six moneths next after the same writing or deed is dated And this Statute was made in the same Parliament wherein the law of transferring of uses into possession was made to the end that mens lands might not suddenly and privately passe upon payment of a little money in an alehouse or the like And herein these things must be observed 1. The inrolment upon such a deed as to make this estate to passe must be in parchment for an inrolment in paper is not good 2. The deed inrolled must be indented for if it be but poll the estate will not passe 3. It must be inrolled within six moneths of the purchase or sale * Co. 5. 1. And this account must be 1. From the date and not from the time of the delivery of the deed 2. After twenty eight days to the moneth 2 Dier 218. Adjudge Franklin Garters case Mich. 37 38 Eliz. 4 Dier 218. and no more 3. The day of the date to be taken exclusive and for none of the days of the six moneths And yet if a deed be inrolled the same day it bears date it is good 4.
of the Common Pleas may in open Court take knowledge of fines and record them by virtue of their office h Dyer 224. Cromp. Jur. Or the Chiefe Justice of that Court may by the Prerogative of his place take cognisance of fines in any place out of the Court and certify the same without any writ of Dedimus Potestatem i Stat. 15. E. B. Broo. Fines 20. and so also as it seemes may two of the Justices of that Court with the consent of the rest or one of them with a Knight but this is not usual at this day k Dyer 224. Broo. Fines 120. Also Justices of assise by the generall words of their Patents may take certify cognisances of fines without any special Dedimus Potestatem but at this day they doe not use to certify them without a speciall writ of Dedimus potestatem And fines have been levyed before Justices Errants Also cognisances of fines are taken by a speciall writ issuing out of Dedimus potestatem quid Cromp. Iur. 92. F. N B. 147. a. b. 146. F. G. the Chancery called a Dedimus Potestatem whereby commission is given in divers Cases to a private man for the speeding of some Act appertaining to a Judge upon a surmise that the parties that are to doe the same are not able to travaile and by this writ upon such a surmise power may be given to any Serjant at law alone or to any Knight and Gentleman together to take the conusance of such persons and they may by virtue thereof take the same l Curia 39. 40 E. l. 17. either of all or some of the parties m Dyer 220. and that as it seems in any place accordingly n 8 H. 6. 21. But a Justice or other person being cognisee in a fine may not take the cognisance thereof himself And all these that have power to take the conusances of fines are to take great heed of whom they doe take the same and whom they doe admit to make such conusances before them o 34 H. 6. 19 Broo. Fines 11. Cromp. Iur. 32. 92. And therefore they are to see that they know the parties that are to be Cognisors that they suffer not one man to make a conusance in another mans name and that they doe not take any conusance from any person prohibited by law for misdemeanors by such persons herein are punishable in the Star-Chamber p 42 E. 3. 7. 3 H. 6. 42 Perk. Sect. 613. Doct. et St. 155. Cromp. Iur. 55. And if there be any woman that hath a husband that doth joyn with her husband in the conusance the Iudges or Commissioners must take care they doe examine her whether she be willing and doe part with her right in the land willingly or by compulsion of her husband for albeit she be made to doe it by compulsion of her husband yet hath she no way to relieve her selfe when it is done q Stat. 23 El. chap. 3. Dyer 320. And after the Commissioners have taken the same cognisances by Dedimus Potestatem they are to certify the same truly and the day and yeare when it was taken r Dyer 220. Cromp. Iur. 92. and not another time for this may be a misdemeanor punishable in Starre-Chamber and to return the commission into the Court of Common Pleas under their hands and seales within a yeere after the taking of the same conusance at the farthest f Regist or 68. F. N. B. 147. b. And if they refuse to return or certify it the party grieved may by a writ called Cognitionibus admittendis or a Certiorare compell that Commissioner that hath it in his custody or his executor or administrator if he be dead to certify it t Dyer 246. But if any of the cognisors happen to die before it be certifyed then it cannot be certifyed at all for it cannot now be made a good fine u 〈◊〉 1 H. 7. 9. Broo. Fines 124. And so also as some hold if the King die * Dyer 220. Stat. 15. F. 2. 44. 44 E. 3. 38. But if the Kings silver be entred Cognitionibus admittendis quid in paper or upon the back of the writ of covenant as the use is and the party die after this in this case the fine may goe on and will be a good fine notwithstanding the death of the party And Judges for the recording of fines be the Justices of the comÌ„on Pleas onely and therefore all cognisances of fines must be certifyed thither for in that Court onely and not in any other of the Courts of Record at Westminster or in other inferiour Court or ancient demesne are fines to be levyed * 50 Ass pl. 9. But by speciall grant a fine may be levied in a base Court y Stat. 2. H. 6. chap. 28. 37 H. 8. c. 19 5 Eliz. c. 27. And by certaine Acts of Parliament fines may be and are levyed in the county Palatine of Chester county Palatine of Lancaster and county Palatine of Duresme of lands lying within those places And if any persons doe take conusance of fines other then such as before that have power or any other persons or Judges shall record fines or they shall be levyed in any other Court or place then as before such fines are void A Fine may be levyed of all things whereof a Precipe quod reddat Stat. 32. H. 8. c. 7. West Symb. in his Tract of Fines Sect. 25. 50. see in exposition of deeds inâ—ra Numb 3. In respect of the thing whereof the Fine is levied of what things a Fine may be levyed or not and by what names lyeth and of all things which are inheritable and in esse at the time of the fine levyed whether the thing be Ecclesiasticall and made temporall or temporall As of an Honor Manor Island Barony Castle Messuage Cottage Mill Toft Curtilage Dove-house Garden Orchard Land Meadow Pasture Wood Underwood Chappell River Chauntry Corrody Office Fishing Warren Fair Rectory Mines a view of Franke pledge Waife Estray Felons goods Deodands Hospitall Furzes Heath Moore Rent Common Advowson Hundred Way Ferry Franchise Seigniorie Reversion Toll Tallage Pickage Pontage Aquitaile Services Portion of tithes Oblations or the like And therefore fines De honore de S. or De Manerio de S. or De Castro or De Castello de S. cum pertinen ' are good So fines De uno mesuagio uno cottagio uno molendino without Aquatico or Granatico annexed are good So fines De uno T of to uno Curtilag uno Columbario uno gardino uno pomario decem acris terrae decem acris prati decem acris pasturae decem acris bosci decem acris subbosci de Balliva sive officio Ballivat ' de D. de Custod sive officio custod de B. de custod parci forrestae de D. de officio senescalciae de S. cum pertinen ' decem acris bruerae
other is extinct It is a discharge in writing of a summe of money or other 10. Acquitance Quid. Termes of the law duty which ought to be paid or done As if one be bound to pay money on an obligation or rent reserved upon a lease or the like and the party to whom the money or duty should be paid or done upon the receipt thereof or upon some other agreement betweene them maketh a writing under his hand witnessing that he is paid or otherwise contented and therefore doth acquite and discharge him of the same The which is such a discharge and barre in the law that he cannot demand and recover the same againe contrary thereunto if the acquitance be shewed The obligor is not bound to pay money upon a single bond 22 E. 4. 6. 41 E. 3. 25. 1 H. 7. 15. 22 E. 4. 6. Bro debt 43. Oblig 10. 11. Where a man is not bound to pay money without he hath an acquitance unlesse the obligee will make to him an acquitance or release Nor is he bound to pay it before he hath the acquitance And in this case the obligor may compell the obligee to make him an acquitance And so also it is in case of a Statute Merchant one is not bound to pay the money thereupon before he hath the acquitance or release of the plaintife But otherwise it is in case of an obligation with a condition for there a man may averre paiment And because Statutes Recognisances and Obligations are often used and tend to the strengthening of the Common Assurances of the kingdome we may not in any wise passe them over but must take some surveigh of them And first of a Statute CAP. XX. Of a Statute A Statute is a Bond or Obligation of Record But this word is 1 Statute Quid. Terms of the Law Stat. de Mercatoribus Acton Burnell 11 Ed. 1. sometimes used in another sense viz. for a Decree made in Parliament called an Act of Parliament And of these Obligations there are three kinds 1. A Statute 2 Quâ—tuplex Statute Mechant Quid. Merchant 2. A Statute Staple 3. A Recognisance The Statute Merchant is a Bond acknowledged before one of the Clerks of the Statute Merchant and Mayor and chief Warden of the City of London or two Merchants of the said City for that purpose assigned or before the Mayor chief Warden or Master of other Cities as York Bristow or the like or the Bailisse of any Burrough or Village or other sufficient men for that purpose appointed and Authorised Sealed with the seal of the Debtor or Recognisor and of the King which is of two pieces the greater whereof is kept by the Mayor or chief Warden and the lessor by the said Clerk And the form of it is thus Novertis c. me A B teneri C D in Centum libris solvend eidem ad Festum S. Mich. proxim Et nisi fecero concedo quod currat super me haeredes meos districtio paena in Statuto domini Regis edito apud Westin Dat. c. And this albeit at first it was ordained and used for Merchants only yet at this day it is and may be used and given by any others and is become one of the common Assurances of the Kingdome The Staple doth signifie this or that Town or City whither the 27 Ed. 3. Stat. 2 cap. 1 â—â—3 c. Merchants by common order and commandement doe carry their Statute Staple Quid. commodities as Wooll and the like to utter by the great And the 27 Ed. 3. Stat cap. 9. 22 H. c. â— Coo. super Lit. 289. 15 H. 7. 16. Statute Staple is either properly or improperly so called That which is properly so called is defined to be a Bond of Record acknowledged before the Mayor of the Staple in the presence of one or two Constables of the same Staple and is sealed with the Seale of the Staple and sometimes also with the Seale of the party the which it seemes is not necessary And this is founded upon the Statute of 27 Ed. 3. cap. 9. and was invented and is used only â—or Merchants and Merchandizes of the same Staple This is of the same nature the Statute Merchant is That which is improperly so called is also called a Recognisance which is also a Bond of Record Recognisin â— Quid. testifying that the Recognisor doth owe to the Recognisee a summe of money And of these there are divers kinds for thre is one Recognisance founded upon the Statute of 23 H. 8. cap. 6. The forme whereof is this Noveritis c. me A B teneri C D in Centum libris solvend eidem ad Festum S. Mich. proxim Et si defecero in solutione debi praedict volo concedo quod tunc currat super me haeredes executores meos poena in Statuto Stapulae debit pro Marchandisis in eadem emptis recuperand ordinat provis Dat. c. And this is alwayes to be acknowledged before the chiefe Justice of the Kings Bench or of the Common Pleas in the Terme time or in their absence out of Term before the Mayor of the Staple at Westminster and the Recorder of the City of London for the time being And it is to be sealed with the Seale of the Conusor and with the Seale of the King appointed for that purpose and with the Seale of the chiefe Justice Mayor and Recorder before whom it is acknowledged and they before whom it is taken doe subscribe their names to it And this was ordained and may be and is used by Merchants or any other whomsoever for paiment of debts or assurance of other things And this also is of the same nature the Statute Merchant is And both this and the two former are much of the nature of judgements had upon Suits in the Courts of Kings Coo. 8. 153. Bench and Common Pleas and therefore they are called Pocket Pocket Iudgements judgements There are also divers other kinds of Recognisances that are See Statute 33 H. 8. c. 22 39. 3 H. 7. c. 1 10 H. 6. c. 1 Dyer 315. 307. F N B. 251. f. 132 c. 133. a. 68. a. taken by and acknowledged before the Lord Keeper Master of the Wards Master of the Rolls Master of the Chancery Justices of the one Bench or of the other some of which are called Bailes Barons of the Excheker Judges in their Circuits Baile Justices of the Peace Sheriffs and others some whereof are by the Common Law and some by certaine Statutes And amongst these some are without Seale and recorded only and some are sealed and recorded also And some of them are in a sum certaine as the Recognisances taken in the common-Common-Pleas for Baile are and some of them are incertaine as those Recognisances that are taken for Baile in the Kings Bench which are after this manner Si Judicium redditum c. tunc volo concodo
this sort are mad men lunatikes villaines Ideots men that have the Lethargy doting old persons that want discretion drunken men and men that are forced to it by threatning imprisonment or the like also such as are born blind may be conusors or conusees And by what names deafe and dumbe but a man that becomes so accidentally may be received and ought not to be refused Also persons attainted of felony or treason ought not to bee received to levy a fine but such persons being admitted to levy a fine the fine will be good against all Persons attaint persons but the King and the Lord of whom their lands whereof the Non sanâ— memoriae fine is levyed are held for their times but persons waived or outlawed in personall actions onely ought not to be refused a 17 E. 3. 52. Cromp. Jur. 37. 10. E. 4. 13. Also Infants Infants ought not to be received to levy a fine and y et if an Infant be admitted to levy a fine and he doe not avoid it by writ of error during his minority as he may if it be not a fine Sur Grant Render in taile or for life the fine will be good for ever against him and all others b Perk. Sect. 19. Dyer 220. et per Just Bridgmans opinion in private And if he die during his nonage before he hath avoided it it seemes his heire can never avoid it and yet upon this point the Judges of the Common Please have been divided on a solemn argument and of this Just Dod. in 17 Iac. made a Quere c 17 E. 3. 52. 30 E. 3. 5. 27 Ass pl. 53. Perk. Sect. 19 20. Co. 7. 8. Also women that have Women covert husbands ought not to be admitted alone without their husbands to levy fines and yet if such a woman alone levy a fine of her own land she hath in fee simple and her husband doe not avoid it as he may if he will by writ of Ertor entry or otherwise during her life or after her death during his own life if he be tenant by the Curtesie this is now a good fine and will bind her and her heires for ever except she be an Infant at the time of the fine levyed and her husband happen to die during her minority for then in that Case if it be not a fine Sur Grant Render to her in taile or for life she may avoid it during her minority but if the coverture continue untill her full age in that Case she cannot avoid it except her husband joyn with her in it but the husband and wife ought to be received together to levy any fine of her land If such persons as are civilly dead as Fryars Corporations West Symb. part 2. Sect. 9. Plow 538. 575. Co. 11. 78. 1. in Magdalen College case Monkes and the like be admitted to levy a fine the fine is void But such civill bodies as have absolute estate in their possessions as Maior and Commonalty Dean and Chapter Colleges and other Societies corporate may levy fines of the lands they hold in common even by the Common Law and such fines are good but Ecclesiasticall persons as Biships Deanes Masters of Hospitals Parsons Vicars Prebends and such like are by divers Statutes restrained to levy fines of their spirituall inheritances Any person that hath capacity to take by grant or may be a grantee by deed may take by fine and be a conusee therein as any person 3 H. 6. 42. 41 E. 3. 7. 50 E. 3. 9. 24 E. 3. 62. male or female of full age or under age whether it be a Feme Covert madde person lunatike Ideot any person in prison or beyond the Sea also any person attainted of felony or treason or outlawed in any personall action a Bastard Clark convict or Alien may be conusee in a fine and a fine levyed to such persons is good d 5 H. 7. 25. 19 H. 6. 25. Dyer 188. Also Corporations spirituall and temporall may be conusees in fines and fines levyed to them are good but before the ingrossing of such fines there goeth alwaies a writ to the Justices of the Common Pleas Quod permittant â—inem illum levari But such persons as are civilly dead as Fryers Monkes and the like cannot be conusees in a fine and therefore a fine levyed to such persons is void The names of Cognisors and Cognisees in fines must bee West Simb in his Tract of Fines certainly set downe and they must for the most part bee deseribed by their right names of Baptism and Surname whether they be King Princes Dâ—kes Marquesses Earles Vicounts Barons Lords or Knights which be names of dignity but some of these are sometimes described without their Surname as Georg ' Comes Salop. Iohannes Dux Lancastr or whether they be Esquires or Gentlemen which be names of worship and honour But these additions of names of dignity and honour given to such persons or any others as Bishops and the like are used in fines rather of curtesie then of necessity for they are not needfull in fines But in case where there bee two of one name it is safe to make some addition by way of distinction as Senior and Junior and the like If a woman living her first husband take a second husband and 7 H. 4. 22. with him and by his name knowledge a fine it seemes this is void because of this mistake but if a woman with her right husband by a wrong Christian name levy a fine she is concluded by it and cannot avoid it during her life c 1 Ass pl. 11. And yet if a fine be levyed to a man and his wife by a wrong name as to A. and Sybill his wife when her name is Isabell this is holden to be void f F. N. B. 97. a Litt. Broo. Sect. 344. But if a fine be levyed by a woman by the name of Margery when her name is Margaret or by the name of Agnes when her name is Anne it seemes this fine is a good fine The Persons or Judges before whom a fine is to be levyed are of West Simb ubi supra 2. In respect of the persons before whom it is acknowledged and the persons place before whom and where it is recorded And what persons may take conusance of fines or record them And where And how the duty of such persons therein two sorts for some are Judges onely at the time of the Cognisance and Certifieate thereof and others are Judges to whom the Cognisance is to be certifyed and before whom it is to be recorded The first sort are such as have power to take such cognisance either ex officio and by virtue of their offices or by some commission generall or speciall granted unto them by the King out of Chancery g Stat. 15. E 2. Stat. de Carlil as all or any two of the Justices