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

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shall remain after to the right heirs of the said T. and F. for ever to hold c. And furthermore the same E. and R. have granted to the aforesaid T. and F. ten Messuages c. with the appurtenances in B. and C. aforesaid being the residue of the aforesaid Mannor Tenements and Rent aforesaid And those to them they have rendred in the same Court c. A Fine of homage rent and services Salop. ss COmmand E. T. Esquire that he hold to N. P. Covenant of one acre of land and fifteen shillngs rent with the appurtenances in G. and F. Andunlesse c. And the Concord is such to wit that the aforesaid E. T. hath recognised the aforesaid acres of land with the appurtenances to be the right of him the said N. as that which the said N. hath by the gift of the aforesaid E. And that he hath remised and quite claimed from himself and his heirs to the aforesaid N. and his heirs for ever And the aforesaid E. hath granted to the aforesaid N. the aforesaid rent together with homage and all service of the said J. H. and his heirs for so many tenements as the aforesaid E. first held in F. aforesaid to have perceive and enjoy the aforesaid rent together with the homage and all the service to the aforesaid N. and his heirs for ever And the aforesaid E. and his heirs will warrant to the aforesaid N. and his heirs the aforesaid acre of land and the rent aforesaid with the appurtenances together with the homage and all the service aforesaid soe as it is said against all men for ever And for this c A Fine of a Mannor and Knights fees and services by the Husband and Wife and others BBtween H. W. and J. B. plaintiffs and T. M. Knight and T. son of the same T. and E. wife of the same T. the Son and W. M. Deforcients of the Mannor of T. with the appurtenances whereof plea of Covenant was summoned between them in the same Court to wit that the aforesaid T. T. E. and W. have recognised the aforesaid Mannor with the appurtenances to be the right of him the said H. as that which the same H. and I. have by the gift of the aforesaid T. T. E. and W. together with seven Knights Fees in the same Mannor And have granted to the aforesaid H. and I. the aforesaid Mannor and Fees with the appurtenances together with the homages and all services of M. W. and I. N. and their heirs of so many Tenements as of the aforesaid T. T. E. and W. first they held in the same Mannor and those to them they have rendred in the said Court. To have and to hold to the same H. and I. and the heirs of the said H. of the chief Lords of that fee by the services which to the aforesaid Mannor and Fees pertain for ever And moreover the same T. T. E. and W. have granted for themselves and the heirs of him the said E. that they will warrant to the aforesaid H. and I. and the heirs of him the said H. the aforesaid Mannor and Fees with the appurtenances as aforesaid against all men for ever And for this Recognisance Grant Warranty Fine and Concord the said H. and I. have given to the aforesaid T. T. E. and W. twenty pounds sterling An old Fine in Frank almonie before Justices in Eyre in Anno 55. of King Henry the third THis is the final Concord made in the Court of the Soveraign Lord the King at Lincoln in 8 days of St. Michael In the year of the raign of Henry Son of King John the 55. before R. A. G. P. W. W. W. H. and I. O. Justices Itinerate and others of the Soveraign Lord the Kings faithfull Subjects then there present between J. D. plaintiff and the Prior of C. Deforcient of the Advowson of the Church of D. with the appurtenances whereof plea of Covenant was summoned between them in the same Court to wit that the aforesaid I. hath recognised the aforesaid Advowson with the appurtenances to be the right of him the said Prior and of his Church of S. Mary of C. as that which the said Prior and his Church have by the gift of W. Son of W. ancestor of the said I. whose heir he is To have and to hold to the said Prior and his successors and his Church aforesaid of the aforesaid I. and his heirs in pure and perpetual free almes free and quit from all secular service and execution for ever and the aforesaid I. and his heirs will warrant acquit and defend the same Prior and his successors and his Church the aforesaid advowson with the appurtenances c. And for this c. the same Prior hath remitted to the aforesaid I. all the benefits and prayers which hereafter shall be made in his Church aforesaid for ever A Concord of lands in the County Palatine of Lancaster Lancaster THis is the final Concord made in the Court of the Lord Protector at L. the 15 day of June in the year of our Lord 1654. before I. C. third Baron of the Exchequer of the Lord Protector and F. R. one of the Serjeants of the Lord Protector at Law Justices of the Lord Protector at L. and other faithfull men of the Lord Protector then there present between H. T. and R. H. plaintiffs and W. C. Gent. Deforcient of one Messuage c. with the appurtenances in T. whereof plea of Covenant was summoned between them in the same Court to wit that aforesaid W. hath recognised c. A Lease for years reserving a rent Ebor. ss COmmand F. T. and M. his Wife that justly c. they hold to I. H. and K. his Wife Covenant c. And the Concord is such to wit that the aforesaid E. and M. have granted the Tenements aforesaid with the appurtenances to have and to hold to the said I. and K. from the Feast c. which shall be in the year c. to be compleat if the aforesaid M. shall so long live yeelding therefore at the Feasts c. by equal portions to be paid during all the Term aforesaid c. And if it happen c. Quaere whether this be a good lease at this day against issue in tail A Lease for years rendring rent Ebor. ss COmmand T. P. Esq and W. Gent. that justly c. they hold to I. W. and E. M Covenant c. of one messuage c. with the appurtenances in H. and B. and of a free fishing in the water of B. and unlesse c. And the Concord is such to wit that the aforesaid T. and W. have recognised the tenement and free fishing aforesaid with the appurtenances to be the right of him the said I. as that which the said I. and E. have by the gift of the aforesaid T. and W. and that they have remised and quite claimed from themselves and their heirs to the aforesaid I.
such a Fine under the great Seal hath this Commodity That if any errors remain in the record of the same Fine they be not amendable after the exemplification thereof 23 Eliz. c. 3. but i● seemeth this extendeth only to Fines levyed before the same statute 23 Eliz. c. 3. These inrollments and exemplifications seem very necessary because that the privity and warrant of the said Court many errors hapening in the former records thereof may be amended and these inrolments will suffice if the former Record thereof or any part thereof be imbezelled or otherwise defaced 23 Eliz. c. 3. The exemplification of a Fine inrolled according to the Statute of 23 El. c. 3. OLiver Lord Protector c. To all to whom this present writing shall come greeting Know ye that among the Inrolments of Writs and other things depending for Fines according to the form of the Statute of the Term of Easter at Westminster in the year of our Lord God 1654. in the 7. Roll it is thus contained ss Essex ss Oliver Lord Protector of the Common-wealth of England Scotland and Ireland c. To the Sheriff of Essex greeting Command E. W. Esquire and I. his wife that justly and without delay they hold to I. W. and I. S. the Covenant between them made of two Messuages two Gardens two Orchards 20. Acres of Land 20. Acres of Meadow 40. Acres of Pasture and 100. Acres of Furs and Heath with the appurtenances in B. and W. And unless they shall do it and the aforesaid I. and I. shall secure you for prosecuting their plaint then summon by good summoners the aforesaid E. and I. that they be before our Justices at Westm in 8. dayes of Saint Michael to shew wherefore they did it not and have you there the summoners and this Writ Witness my self at Westminster the 13. day of September in the year c. Pledges of prosecuting John Doo Richard Roo summoners John Den Richard Fen John T. Esquire Sheriff ss I. W. giveth to the Lord Protector six Shillings and eight pence for a license of Concord with E. W. Esquire and I. his wife of a plea of Covenant of 2. Messuages 2. Gardens 2. Orchards 20. Acres of Land 20. Acres of Meadow 10. Acres of Pasture and 100. Acres of Furs and Heath with the appurtenans in B. and W. And he hath a Certiorari by the peace admitted before R. H. one of the Justices of the Lord Protector of the Bench Justice in the Countrey ss Oliver Lord Protector c. to his beloved and faithfull R. H. one of his Justices of the Bench greeting Whereas our Writ of Covenant dependeth before you and your Associates our Justices of the Bench between I. W. and I. S. E. W. Esquire and I. his wife of 2. Messuages 2. Gardens 2. Orchards 20. Acres of Land 20. Acres of Meadow in B. and W. in the County of Essex to Levy a Fine thereof between them before you and your Associates aforesaid in the Bench aforesaid according to the Law and Custome of our Common-wealth of England and the same E. and I. are of themselves so impotent that without very great danger of their bodies unto West at the day in the Writ aforesaid contained to the knowledgements which in this behalf are required to be made to travail they are not sufficient as we have received we tendring the state of the same E. and I. in this behalf have given you power to receive the recognizances which the aforesaid E. and I. before you shall make of the premises And therefore we command you that unto the aforesaid E. and I. personally going their cognizances aforesaid ye receive And when he have received them your aforesaid Associates thereof under your Seales distinctly and openly ye certifie that then that Fine between the parties of the premises before you and your Associates aforesaid in the Bench aforesaid may be levied according to the Law and custome aforesaid And have you there then this Writ witness my self at Westminster the 27. of September in the year c. The answer of the within named R. H. unto this Writ The execution of this Writ appeareth in a certain Schedule to this Writ annexed And the Concord is such that is to say that E. and I. in the Writ to this Schedule annexed have reknowledged the Tenements in the said Writ specified with the appurtenances to be the right of I. W. in the same Writ named as those which the same I. and I. S. in the said Writ named have of the gift of the aforesaid E. and I. and those they have remised and quit claimed from themselves and their heirs to the aforesaid I. and I. and the heirs of him the said I. W. for ever And furthermore the same E. and I. have granted for themselves and the heirs of him the said I. that they will warrant the tenements aforesaid with the apputtenances to the aforesaid I. and I. and the heirs of him the said I. W. against all men for ever And for this c. the same I. W. and I. S. have granted the Tenements aforesaid with the appurtenances to the aforesaid E. I. and the heirs of the body of him the said E. by the aforesaid I. lawfully begotten and for want of such issue the tenements aforesaid with the appurtenances shall wholly remain to the aforesaid I. and the heirs of the body of him the said I. lawfully begotten and for default of such issue the tenements aforesaid with the appurtenances shall wholy remain to the right heirs of him the said E. for ever To hold c. R. H. S. This is the finall concord made in the Court of the Lord Protector at Westminster in 8. dayes of Saint Michael in the year c. before I. D. R. W. I. W. and R. H. Justices and other of the Lord Protectors faithfull then there present between I. W. and I. S. plaintiffs and E. W. Esquire and I. his wife deforcients of 2. Messuages 2. Gardens 2. Orchards 20. Acres of Meadow 40. Acres of pasture and 100. Acres of Furs and Heath with the appurtenances in B. and W. whereof plea of Covenant was summoned between them in the same Court to wit that the aforesaid E. and I. have recognized the aforesaud tenementss with the appurtenances to be the right of him the said I. W. as those which the same I. and I. S. have by the gift of the aforesaid E. and I. And those they have remised and quite claimed from them the said E. and I. and their heirs to the aforesaid I. and I. and the heirs of him the said W. for ever And furthermore the same E. and I. have granted for themselves and the heirs of him the said I. that they will warrant to the aforesaid I. and I. and the heirs of him the said I. W. the aforesaid tenements with the appurtenances against all men for ever And for this recognizance remise quite claim warranty Fine and Concord the same I.
peace in the time of the Protector by taking thereof expletion to the value c. that such is his right he offers c. The defendant And the aforesaid T. and I. by W. B. their Atturney came and do defend the right of the aforesaid Earl and their seisin and chiefly of the Manor Messuage c. to him do warrant c. And hereupon the aforesaid Earl demandeth The demandant against him the said W. P. the Manor Messuage c. with the appurtenances in form aforesaid c. And whereupon he saith that he himself was seised of the aforesa Manor Messuage c. with their appurtenances in his demeasne as of Fee and right In the time of peace in the time of the Lord Protector now by taking thereof expletion to the value c. And that such is his right he offers c. And the aforesaid W. P. tenant by his warranty The defence defendeth the right of the aforesaid Earl and his seisin and chiefly of the Manor Messuage Lands c. with the appurtenances and all c. And he puts himself thereof on the Issue to be tryed by the grand Assize Grand Assize of the Lord Protector and demandeth a recognizance to be made whether he hath more right to hold the Manor Messuage Lands c. with the appurtenances as tenant by his warranty as he holdeth them or the aforesaid Earl to have the Manor Messuage Lands c. with the appurtenances as he above demandeth them c. And the aforesaid Earl Imprlance prayeth license of imparling c. And he had it c. Default Judgement And afterwards the same Earl by his Atturney aforesaid came again here in Court and the aforesaid W. P. although was solemnly called came not again but in contempt of the Court made default Therefore it is considered that the aforesaid Earl do recover his seisin against the aforesaid T. and I. of the aforesaid Manor Messuage c. with the appurtenances to hold to the same Earl and his Heirs quite of the aforesaid T. and I. and his Heirs for ever And the aforesaid T. and I. may have of the Lands of the aforesaid W. P. to the value of the Manor Messuage Lands c. aforesaid with the appurtenances And the aforesaid W. P. in mercy c. The warrant of Atturney thereof followeth in these words HEref ss John Earl of Shrewsbury puts in his place I. S. against T. B. the Elder and I. his wife of a Plea of Land Heref. ss T. B. the Elder and I. his wife puts in their place W. B. against John Earl of Shrewsbury of a Plea of Land All and singular which things at the request of the aforesaid Earl we have caused to be exemplified and our great Seal which we use for such exemplifications and also for all manner of Judiciall Writs out of the Bench aforesaid issuing forth to be sealed we have caused to be put to these presents Witness O. Saint John at Westm the 28. day of May in the year c. A remission to the Court in a Writ of right TO the Lord Protector c. for that A. in our Court before your Justices of the Bench by your Writ of right D. E. of one Messuage with the appurtenances in S. which of me is holden by my license mediating doth purpose to implead to your Highness by the tenor of these presents I signifie that I have remitted my Court to you thereof in this behalf Saving to me otherwise the right of the Lord in the like case when it shall happen In testimony of which thing these my Letters Patent I have caused to be made Sealed with my Seal dated the third day of May in the year c. The Exemplification of a Recovery inrolled OLiver L. Protector of the Commonwealth of Eng. Ireland Scotl. and the dominions thereunto belonging c. To all to whom these our present Letters shal come greeting Know ye that among the inrolments of Writs and other things depending for common Recoveries according to the form of the Statute of the term of Easter at Westminster in the year c. in Roll the first it is thus contained The Doctor which took the affidavit for the value Essex ss Oliver c. to the Sheriff of Essex greeting Command I. W. I. S. that justly and without delay they render to Jo. St. and R. P. four Messuages 4. Gardens 200. Acres of Land 100. Acres of Meadow 300. Acres of pasture 40. Acres of Wood and 300. Acres of Lyng and Heath with the appurtenances in B. T. T. C. D. and H. which they claim to be their right and inheritance And into which the same I. W. I. S. have no entry but after the disseisin which H. H. therof unjustly without Judgemēt hath made to the afores I. S. T. within 30 years now last elapsed as they say And whereupon they complain that the aforesaid I. W. and I. S. them do deforce And unless they shall do it and the aforesaid I. S. and T. H. shall make you secure for prosecuting his plaint then summon by good summoners the aforesaid I. W. and I. S. that they be before our Justices at Westm from the day of Saint Michael in 15. dayes to shew wherfore they wi●l not do it And have you there the summoners and this Writ witness my self at Westminster the 24. day of Septtember Summoners The Sheriffs name in the year c. Gibon Pledges Pledges of prosecuting John Doo Richard Roo Summoners John Den Kich Fen. G. T. Esq Sheriff ss Oliver L. Protector c. to the Sheriff of Essex greeting sum by good summoners E. W. Esq his wife that they be before our Justices at West from the day of S. Hillary in 15. dayes to warrant to Joh. W. and I. S. four Messuages 4. Gardens 300. Acres of Land 100. Acres of Meadow 300. Acres of pasture 40. Acres of Wood and 300. Acres of Lyng and Heath with the appurtenances in B. T. T. C. D. and H. which John St. and Tho. P. in our Court before our Justices at Westm do claim as their right by our Writ of Entry upon disseisin in le post against them And whereupon the same Joh. W. and I. S. in our said Court have called the aforesaid Edm. and John summoners in your County to warrant against them And have you there the summoners and this Writ T. I. D. at Westm the 16. day of Octob. in the year c. * Lone Summoners John Den Rhichard Fen. * T. L. Esq Sheriff ss The prothonatorie in whose office it is entred Summoners The Sheriff The warrant of Atturney * Joh. St. and Tho. do put in their stead E. E. against John W. and I. S. of a Plea of Land ss Iohn W. and I. do put in their place I. A. against Iohn S. and Tho. P. of a Plea of Land ss Edm. W. Esq and Io.