with the appurtenances as it is said against all men for ever And for this c. A Grant of Lands in tail to be holden of the Grantor by suit of Court and six shillings rent Essex ss COmmand I. G. Gent. that he hold to P. I. Covenant of 16 acres of Moore with the appurtenances in K. And unlesse c. And the Concord is such to wit that the aforesaid I. hath granted to the aforesaid P. the Tenements aforesaid with the ppurtenances and those to him he hath rendred in the said Court. To have and to hold the Tenements aforesaid with the appurtenances to the aforesaid P. and the Heirs of his body lawfully begotten To hold of the said I. and his Heirs by Knight service and suit of his Court at K. twice a year and yielding yearly to the aforesaid I. and his Heirs six shillings c. at the Feasts c. by equall portions yearly for ever to be paid And the aforesaid I. will warrant the Tenements aforesaid with the appurtenances to the aforesaid P. and the Heirs of his body lawfully begotten as it is said against the aforesaid I. and his Heirs for ever And for this c. A Fine of Knights Service Castle-gard and Murage upon a writ of Customs and Services THis is the final Concord made in the Court of our Soveraign Lord the King at Westminster from the day of St. Michael in 15 days in the year of the raign of King H. Son of King J. the one and fiftieth before G. D. P. and R. of M. Justices and other of the Soveraign Lords faithfull subjects then there present between W. of P. Plantiff and H. B. Deforcient of the Customs and Services which the said W. did require of the aforesaid H. for his Freehold which the aforesaid W. holdeth in W. and W. to wit of one Knights fee and a half with the appurtenances And whereupon the said W. demanded of the aforesaid H. that he should do to him for Castle-gard of B. when it shall happen and for the Murage of the said Castle when it shall be necessary as much as doth belong to the aforesaid Tenement which services the said H. to him hath not acknowledged And whereupon Plea between them in the said Court was summoned to wit that the aforesaid VV. hath granted for himself and his Heirs that the aforesaid H. and his Heirs and their Tenants of the honor of B. be quit from the aforesaid Services for ever saving to the said W. and his Heirs all other Services unto the aforesaid Tenement belonging And for this grant fine and Concord the said H. hath given by the assent and will of the said Soveraign Lord the King that granteth it c. This old Fine is in Dyer fo 179. pla 46. A Fine of a Mannor in Possession and other Lands in reversion Salop. ss COmmand VV. B that he hold to F. R. Covenant of the Mannor of R. with the appurtenances c. And the Concord is such to wit that the aforesaid W. hath recognised the Mannor and Tenements aforesaid with the appurtenances to be the right of him the said F. of which the said F. hath the aforesaid Mannor with the appurtenances two Messuages with the appurtenances in R. aforesaid parcel of the Tenements aforesaid by the gift of the aforesaid VV. and those he hath remised c. And hath granted for himself and his Heirs that two Messuages with the appurtenances in R. aforesaid residue of the Tenements aforesaid which A. B. widdow holdeth for Term of her life of the inheritance c. after the decease of the said A. shall wholly remain to the aforesaid F. R. and his Heirs To hold together with the aforesaid Mannor and parcell of the Tenements which to him by this Fine shall remain of the chief Lords c. And the aforesaid VV. B. and his Heirs will warrant to the aforesaid F. his Heirs the aforesaid Mannors and Tenements with the appurtenances as it is said against all men for ever And for this c. A Fine of Lands part in possession and part in Reversion with a Render again to the Cognisors and their Heirs Midd. ss COmmand T. M. Esq and M. his Wife that justly c. they hold c. to A. S. Covenant of the mannor of W. near Y. VV. in C. and G. with the appurtenances and of 350 Messuages c. also of the advowson of the Church of W. in G. in the County aforesaid And of the Mannor of D. with the appurtenances and of 10 Messuages c. and seven shillings eight pence half penny rent with the apputtenances in D. in the County of G. And of the mannor of S. with the appurtenances of 6 Messuages c. with the appurtenances in S. C. and V. in the County of D. c. And the Concord is such to wit that the aforesaid T. and M. have recognised the Mannors Tenements and rent with the appurtenances and the advowson aforeâ—â—id to be the right of him the said A. of which the said A. hath the aforesaid Mannors of W near Y. W. in D. c. and the advowson aforesaid in the said County of G. and the said Mannors of South C. with the appurtenances and the aforesaid Tenements with the appurtenances in South C. and V. aforesaid in the said County of D. parcel of the Mannors Tenements and rent aforesaid by the gift of the aforesaid T. and M. And those they have remised c. and have granted for themselves and the Heirs of the said M. that the aforesaid Mannor of S. aforesaid in the said County of S. And also the aforesaid Mannor of D. with the appurtenances in the aforesaid County of S. residue of the Mannors Tenements and rent aforesaid which F. S. Esq and E. his wife do hold for term of the life of her the said E. of the inheritance of â—he aforesaid M. the day that this Concord was made and which after the decease of him the said E. unto the aforesaid T. and M. and the Heirs of the said M. should revert after the decease of the said E. wholly shall remain to the aforesaid A. S. and his Heirs To be held together with the aforesaid Mannors Tenements and rent which to him by this fine shall remain of the chief Lords of the Fee by the services which unto the aforesaid Mannor Tenements rent and advowson do belong for ever the aforesaid T. and M. and the Heirs of the said M. will warrant to the aforesaid A. and his Heirs the asaid Mannors Tenements and rent with the appurtenances and the advowson aforesaid as it is said against all men for ever And for this c. the said A. hath granted to the aforesaid T. and M. the aforesaid Mannors Tenements and rent with the appurtenances and the advowson aforesaid and those to them he hath rendred in the said Court. To have and to hold to the said T. and M. of the chief
whether there remains sufficient free-lands besides those to the Alienor to sustain publick charges and to be in Assizes and Juries c. And this is as well where the Alienation is made by the King or by a Corporation or a Feme covert as by any other The like inquiry by Writ of ad quod damnum hath been used before the King made any grant or pardon for alienation lease release confirmation or licence and after the Inquisition returned and certified into the Chancery to effect the same accordingly F. N. B. f. 221. inde usque f. 227. But now experience is to the contrary in lieu whereof the use of late hath been to put in the Kings Patents in these words absque aliquo brevi de Ad quod damnum seu aliquibus aliis bâ—evibus seu mandatis super inde habendis fiendis aut prosequendis And one Writ of ad quod damnum will serve for divets Purchasers and a licence to alien in Mortmain of one King will serve in the time of another But not so of Lands holden in chief 22 E. 3. F. N. B. in brevi de ad quod damnum Of a pardon for alienation A fine of pardon BUt if perchance any alienation be made without licence a Pardon must be sued the fine whereof is the value of the Lands by one year and the mean profits between the Inquisition and the pardon 31 H. 8. Br. Alienation 29. unlesse the Commissioners will more favourably compound for the same as in some cases upon reasonable cause shewed they use to doe which Pardon being purchased the Purchaser is to hold the Land still 14 H. 6. 26. 50. Ass p. 2. 1 E. 3. c. 12. 34 E. 3. c. 15. Fine of licence But the Fine of a Licence to alien Lands holden in Capite is the third part of the yearly value thereof 26 H. 8. Br. Alienation 29. Mortmain But if a lienation of Lands into Mortmaine be made without licence the King may seise them as forfeited or escheateâ—d Mag. Char. ca. 36. West 2. ca. 32. And for a licence thereof to be granted the fine thereupon to be paid is the value of the land by 3 years 26 H. 8. Br. Alienation â—9 Variance But variance between the licence and the fine is not material if it be all one alienation 32 H. 8. Br. Alien 30. Release And it seemeth that a Fine sur release or other release is none alienation and therefore no fine due for the same P. 37 H. 8. Br. Alienation 31. Recovery But fines are payable and licences to be sued upon common recoveries 39 H. 6. 32 H. 8. c. 1. 4. E. 3. Will. Devise by Will is an Alienation 3. Ma. 1. Br. Alien 37. Of the Dedimus Potestatem to take Cognisance of a fine A Dedimus Potestatem to take knowledge of a Fine is as aforesaid a Writ Commissional directed to one or more giving them-power to take and certifie to the Justices of the Common Place the cognisance of the Cognisees when they cannâ—t conveniently travell to doe it in Court and it ought to recâ—te the substance of the writ or Covenant and bear teste or date after it F. N. f. 146. g. The form of the writ of Covenant and Dedimus Potestatem with the returns thereof ensue The writ of Covenant OLiver c. To the Sheriff of York greeting Command T. B. Esquire and A. his wife that justly and without delay they hold to V. P. Gent. the Covenant between them made of the Mannor of T. with the appurtenances And of two Messuages 3 Cottages five Tofts one Dove-house five gardens five Orchards 110 acres of land 50 acres of meadow 50. acres of pasture 10 acres of wood 100 acres of ling and heath 40 s. rent common of pasture for all manner of beasts with the appurtenances in W. B. And unlesse they shall doe it and the aforesaid W. shall secure you for prosecuting his complaint then summon by good summoners the aforesaid T. and A. that they be here before our Justices at Westminster in 8 dayes of St. Michael to shew wherefore they will not doe it And have you there the Summoners and this Writ Witnesse c. the 14th day of N. In the year c. Fine And the Fine thereof was wont to be entred under the Writ thus For xx s. paid to the Farmer of the Fines of ouâ— Soveraign Lord the King by vertue of the Kings warrant Indorsement Then must the writ of Covenant be indorsed thus By E. S. for the fine within written who affirmeth that the Tenements within named doe not exceed the value of 10 l. by the year The Sheriffs return E. S. Pledges of persecuting John Doo Rich. Roo Sumoners John Den. Rich Fen. The Commis of Fines W. L. T. W R. Eure. Esq Sheriff The Dedimus potestatem thereof OL. c. To our beloved and faithfull c. greeting Whereas our writ of Covenant hangeth before our Justices of the Bench between W. P. Gent. and T. B. Esq and Ann his Wife of the mannor of T. with the appurtenances and of 2 Messuages 3 Cottages 5 Tofts 1 Dove-house 5 Gardens 5 Orchards 110 acres of Land 50 acres of Meadow 50 acres of Pasture 10 acres of Wood 100 acres of Ling and Heath 40 s. Rent and Common of Pasture for all kinds of Beasts with the appurtenances in W. and B. in the County of Tork to leavy a Fine thereof between them before our Justices aforesaid in the Bench aforesaid according to the Law and custom of our Common-wealth of England And the aforesaid T. and A. are so impotent that without the greatest danger of their bodies unto Westm at the day in the said writ conteined to make Cognisances which in this behalf are required travell they cannot as we have received We to the state of the said T. and A. pitifull in this behalf have given to you four three or two of you power to receive the Cognisanses which the said T. and A. before you four three or two of you shall make of the Premises And therefore you four three or two of you we command that unto the aforesaid T. and A. personally going you receive their Cognisances aforesaid and after ye have received them our Justices aforesaid thereof under the Seals of four three or two of you distinctly and openly you certifie that then that Fine between the parties aforesaid of the Premises before our Justices aforesaid in the Bench aforesaid may be levied according to the Law and Custom aforesaid sending to the said Justices this writ witnesse my self at Westminster 14th day of Novemb In the year c. Garth The name of the Cursiter The said Dedimus potestamus must be endorsed thus By the Commissioners of the great Seal of England at the iâ—stâ—â—ce of the demandant 〈◊〉 formerly it was thus Per Dominum custod magni Sigilli Angliae ad instanc petend The
Commissioners c. names must be subscribed thereunto and the Justice of the Circuit thus The Commissioners names I. P. C. D. and E. F. The Justice of the Circuit F. B. Return The execution of this writ appeareth in the Schedule to the same annexed The Precipe and Concord which must be filed to the Dedimus Potestatem The writ of Covenant COmmand T. of P. Esq and A. his York ss Wife that justly c. they hold to W. P. Gent. the Covenant c. of the Mannor of T. with the appurtenances and of 2 Messuages 3 Cottages 5 Tofts one Dove-house 5 Gardens 5 Orchards 100 acres of Land 50 acres of Meadow 50 acres of Pasture 10 acres of Wood 100 acres of Ling and Heath forty shillings rent and Common of Pasture for all Manner of Beasts with the appurtenances in W. and B. and unlesse c. And the Concord is such to wit that the aforesaid T. and A. have recognised the aforesaid Mannor Dove-house Tenemments Rent and Common of Pasture with the appurtenances to be the right of him the said W. as those which the said W. hath by the gift of the aforesaid T. and A. And those they have remised and quite claimed from them the said T. and A. and the Heirs of him the said T. to the aforesaid W. and his Heirs for ever And furthermore the said T. and A. have granted for themselves and the Heirs of him the said T. that they will warrant to the aforesaid W. and his Heirs the a-aforesaid Mannor Dove-house Tenements Rent and Common of Pasture with the appurt against themselves and the Heirs assigns of him the said T. and against the Heirs and assigns of I B. Esq and against all men claiming or having any right title estate use interest or demand of or in the same Mannors Dove-houses Tenements Rent and Common of Pasture with the appurtenances or of or in any parcell thereof by or from under the said T. and I. his Heirs or assigns or the heirs or assigns of either of them and for this c. Taken and acknowleged at K. in the County of York the ninteenth day of January in the year c. before The Commissioners names G. Shrew W. West The names of the parties T. B. A. B. A Dedimus potestatem upon a Writ of Customs and Services for a Fine thereof to be levied O. c. to his beloved and faithfull R. H. one of the Justices of the Bench greeting Whereas our Writ of Customs and Services hangeth before your Associates our Justices of the Bench between W. B. Esq and E. A. Esq of the Customs and Services which the same E. to the said W. ought to do of his free Tenement which of him he holdeth in N. as in Homages Fealty Releifes and other Services in the County of S. And we at the petition of the aforesaid W. and E. have given them Licence thereof to Concord and the aforesaid W. and E. of themselves are so impotent that without very great danger of their bodies unto Westminster at the day in our writ conteined to make the Cognisances which in this behalf are required are not able to travel as we have received We pittying the state of the same W. and E. in this behalf have given to you power to receive the Cognisances which the same W. and E. before you shall make of the Premises And therefore we command you that unto the aforesaid W. and E. personally comming you receive their Cognisances aforesaid And when you have received them your associates thereof distinctly and openly you certifie that then the Fine between the parties aforesaid of the Premises before you and your associates aforesaid in the Bench aforesaid according to the Law and Custome of our Common-wealth of England may be sevyed And have you then there this writ witnesse c. Of the Fine formerly called the Kings Silver THat was called the Kings Silver that was wont to be paid to the King now to the Lord Protector for the Licence of the Concord which upon writs of Covenant was taxed after the rate followings That is to say for Lands of the yearly value of l. s. d. is paid l. s. d. 3 6 8 â— 6 8 5 6 8 0 10 0 7 13 4 Â 13 4 8 13 4 0 16 8 11 0 0 1 0 0 12 0 0 1 3 4 14 6 8 1 6 8 15 6 8 1 10 0 17 13 4 1 13 4 18 13 4 1 16 8 20 0 0 2 0 0 22 0 0 2 3 4 24 6 8 2 6 8 Every 5 Marks and 20 s. payeth fine-6 s-8 d. from 5-Marks and 20 s. unto 5-Marks and 40 s. payeth-10 s. and above 5 Marks and 40 s. unto 10 Marks and 20 s. payeth 13 s-4 d. and in like proportion for all other Fines and it is commonly entred by the Clerk in this form Entry of Kngs silver I. W. giveth to the L. P. 10 s. for a York ss Licence of concording with E. W. Esq and I. his wife of a plea of Covenant of one Messuage 10 acres of Land 10 acres of Meadow and 10 acres of Pasture with the appurtenances in D. Reciting the substance of the writ And they have the Hand-writing by the Peace admitted before R. W. one of the Justices of the Lord Protector of the Bench being Justice in the County Observations necessary at the knowledge of Fines Tbe titling of the note VVHen a Fine is to be knowledged it is meet that before the parties come before the Judges or Commissioners the titling of the writ of Covenant and Concord be fair written according to the parties minds and duly examined and also signed or subscribed by all the Cognisors Knowledge of the Cognizes It is also requisite that either of the Cognisors be known to the Justices or Commissioners that must take the Cognisance thereof or that some other credible person known to him which taketh the Cognisance who knoweth the party be present and do sufficiently enform the Judge that they be the self-same parties against whom the writ is brought for some will covenously knowledge Fines in the names of others that be owners of the Land 34. H. 6. Fol. 19. Examinations of Wives And if a feme Covert be Cognisor she must be perswaded to yield her consent and be fully agreed with before she be examined for in all cases where a Feme Covert is to depart with any thing by fine she must be examined by the Justices or Commiss that take this Cognisance and confess that she doth make Cognisance freely and not through fear or compulsion of any before the Cognisance will be accepted But where she is to take benefit by a Fine she shall never be examined 42 Ed. 3. 7. 3 H. 6. 42. 46. E. 3. 15 8 H. 6. 2. 4 Ed. 3. 62. Statut. de finibus 18 Ed. 2. Value Also the yearly value of Lands should bee set down under the Concord and some
else there is nothing to be paid you must go to the Receiver in the same Office and pay the Fine so assessed which is the Kings silver for the Kings Licence which Licence the Clerk of the Kings silver entereth when the money is paid the Receiver will set his hand to the back of the Writ then you must give it to the Doctor to sign who hath 4d for his hand then get the hands of the two Commissioners to the back of the Writ which done you must carry it to the 3 Clerks sitting to be endorsed and entred This being done you bring back your Writ to the Cursitor and he will get it sealed and then you pay him for his fee 2 s. 6 d. then having broken it open you are to return it as followeth Towards the upper end of the Writ thus John Doo pledges of pro secuting Richard Roo Towards the middle of the Writ thus John Den Richard Fen. This is now by a late erected Office done by an Officer who takes for the doing of it and entring of it 1 s. 6 d. Note you are to file a Warrant of Atturney with the Clerk of the Warrants where your Writ of Covenant must be signed which Warrant is as followeth the Shire in the margent G. W. puts in his place T. L. to prosecute a Writ of Covenant against T. H. of lands and Tenements in A. and C. That done file your Writ of Covenant and your Concord which you had from the Lords Clerk together and carry them to the Custos brevium to the Clerk that dealeth for that Shire and leave them with him to enter in his book and to endorse the Writ when he hath done fetch them from him and pay him for the same 3 s. 8 d. Then carry them to the Kings silver Office to enter the Kings silver which is the Fine for the value which you paid to the Receiver in the alienation Office The form of which entry you may see hereafter set down together with more clear examples of proceedings in the acknowledging of Fines than I have here briefly written for which you pay him 6 d. which done you deliver it to the Secondary in the Chirographers Office who takes it forth in his book and hath for his fee 5 s. 8 d. if it be in the Term if it be out of Term you pay him twelve pence more for allowing the Proclamation in the same Term. That done you must in the same Office deliver it to the Clerk of the Office who is appointed to write for that Shire wherein the land lies to ingrosse he hath for ingrossing it 2 s. 6 d. if small but if great 3 s. 6 d. or more in case it be exemplified When your Fines are ingrossed which are by way of Indentures get one part from him and deliver it your Clyent to keep The Charges of the Fine aforesaid  l. s. d. IMprimis for drawing the Concord 0 3 4 For the Lord Chief Justices fee for acknowledgement 0 9 8 To his Clerk for ingrossing the Concord 0 1 6 For the Writ of Covenant 0 2 6 For the return 0 2 0 For the Post diem thereof 0 0 4 For the Fine 0 0 0 To the Receiver for making the Writ of Covenant 0 0 6 For the entry and endorsment 0 1 6 For the Doctors hand 0 0 4 For the Warrant of Atturney and filing it 0 0 8 To the Custos brevium 0 3 8 To the Clerk of the Kings silver 0 1 4 To the Chirographer 0 6 8 For ingrossing the Fine 0 3 0 For the Attorneys fee. 0 6 8 Observations at the knowledging of a Fine out of Court by a special Dedimus potestatem IF the Fine be knowledged out of Court the day and place of the taking of the Fine is by 23 Eliz. cap. 3. to be entred thus taken and knowledged at S. the 10th day of May c. for otherwise the Clerk or Officer receiving the same loseth 5 l. for every offence Also at the knowledging of every Fine if the Justice or Commissioners that take the Cognisance thereof do not know the Cognisors it is requisite that some other credible person to him known who knoweth the Cognisors be present and inform such Justice or Commissioners that they be the self same persons against whom the Writ is brought 34 H. 6. f. 19. Lands bought of divers persons or by divers persons may passe in one Fine if the Writ of Covenāt be brought against all the vendors by all the vendees But then the clause of Waranty in the Concord thereof should be several against every vendor by himself and his heirs For it were very absutd that one man should warrant against all men land sold by others In regard of the Cognisors debility of body or remotenesse from London or Westminster or other occasion you are to sue out a dedimus potestatem reciting that the Writ of Covenant is depending and bearing Test after the Writ of Covenant directed to some Justice or to a Serjeant at Law or a Lord or Knight or two and some other expert man to take the same Cognisance in the Country and to return and certifie the same to the Justices of the Common place with the dedimus potestatem and Cognisance If they certifie not a Certiorari is to be awarded to them comprehending all the matter of the said Writ and commanding them to certifie c. which if they do not there lieth against them Alias plur Attach If any Justice or Serjeant take the knowledge of a Fine of lands nor lying within his Circuit the Writ of Dedimus potestatem thereof is used to be signed by a Justice of the Circuit where the land lieth Dier f. 220. p. 15. And every special Writ of Dedimus potestatem to special Commissioners must be signed either by the Commissioners or by the Chief Justice of the Common pleas of some of the Justices of Assizes in the Circuit of the Country where the land lyeth which is to passe thereby But Justices of the Assizes by virtue of their patents may take the knowledge of Fines in their Circuits before any Dedimus potestatem be sued out Dier f. 224. pla 31. yet must a Dedimus potestatem be sued out upon the note directed to them before they can certifie the same Also Fines have been levied before Justices in Eire li. in t scire fac in Aide 2. But a Justice cannot take the knowledge of a Fine to himself that is where he himself is Cognisee 8 H. 6. f. 21. Now the Order to sue forth a Fine to be acknowledged before Commissioners in the Country by special Dedimus potestatem is this First you must draw your praecipe in a sheet of paper as a note for the Cursitor to draw the Dedimus by then ingrosse your praecipe and Concord in a piece of parchment and go with it to the Cursitor of the Shire where your land lies and upon your praecipe
in paper insert your Commissioners names which must be four in number whereof one at least must be a Knight and get him to make your Dedimus potestatem for which you must pay him 〈◊〉 and in paying of him for he takes for them all you pay a Fine and for a Judges hand and for the Master of the Rolls his hand which hands must be had before it be sealed and then having it under Seal deliver it so and the Concord before any two of the Commissioners named in the Dedimus potestatem and your Cognisors being present let them take the caption which being done they must return the Writ of Dedimus and their execution thereof in manner and form as hereafter by example shall be shewed Note that upon every Fine past where a Fine is paid there is within 4 or 5 Terms a post Fine that comes in Charge to the Sheriff to levy in the County where the land lieth and that Fine is as much and half as much as was paid before in the Alienation Office Charges of the Fine by special Dedimus potestatem taken before Commissioners IMprimus for drawing the praecipe and Concord 0 3 4 For the special Dedimus potestatem 1 0 0 For the return 0 3 0 For the rest of the Fees they differ very little from what are paid upon Fines otherwise acknowledged How to acknowledge a Fine before a Judge out of Court by Dedimus potestatem YOu must proceed in taking the acknowledgement and passing the Writ of Covenant through the Alienation Office in like manner as is before shewed which being done and delivering your Writ back to the Cursitor you must bespeak a Dedimus potestatem which the Cursitor is to make and when you have your Writ of Covenant and Dedimus potestatem under Seal you must deliver the Dedimus to the Judges Clerk of the Fines and he will ingrosse the praecipe and Concord as before is shewed and return the Dedimus and get the Judges hand to it which Dedimus so returned Concord and Writ of Covenant you must annex together and passe them through the Custos brevium Clerk of the Warranty Clerk of the Kings silver Mr. Jones his Office of Inrolments as it s termed and the Chirographers Office in like manner as is before shewed The course and proceeding and fees being all one more than this that you pay to the Cursitor for your Dedimus potestatem 9 s. 2 d. Charges of a Fine knowledged by Dedimus potestatem before a Judge and exemplified FOr drawing the praecipe and Concord 0 3 4 To the Judge for his Fee 0 9 ◠To the Clerk for the return of the Dedimus and ingrossing the Concord 0 2 6 For the Writ of Dedimus potestatem For all other Fees as in the last proceeding for the several Offices 0 9 2 For the Exemplification 0 2 8 For the Exemplifying 0 5 6 For the Seal thereof 0 2 2 Having thus far proceeded it remains to shew how to sue forth a licence of Alienation of lands holden in Capite You must first get the Clerk of the Alienations to make you a Docquet in Paper which you must carry to the Alienation Office and there compound for the value of the land which must be also by composition or affidavit as is shewed before The value being set down underneath your Docquet you must pay a third part of the value assessed by way of Fine for your Licence which you must likewise pay there in the same Office and you must give the Receiver over and above what you pay 6 d. Then you are to get the Doctors hand to your Docquet for which you must give him 2 s. and you must then get the Commissioners in the same Office to set their hands to the Docquet then deliver it to the Register there to enter for which you pay him 6 d. And after it is entred then carry it to the Clerk of the Alienation again and he will get the Lord Chancellor or Lord-Keepers hand to it and will afterwards ingrosse your licence of Alienation and passe it under the great Seal for you The Charges are as followeth FOr drawing the Concord 0 3 4 For my Lord Chief Justice fee for acknowledgement 0 9 8 To his Clerk for ingrossing the Concord 0 1 6 For the Writ of Covenant 0 2 6 For the return 0 2 0 For the post diem thereof 0 0 4 For the Fine 0 0 0 To the Receiver for marking the Writ of Covenant 0 0 6 For the entry and endorsement 0 1 6 For the Doctors hand 0 0 4 For the Warrant of Atturney and filing it 0 0 8 To the Custos brevium 0 3 8 To the Clerk of the Kings silver 0 1 4 To the Chirographer 0 6 8 For ingrossing the Fine 0 3 0 For the Atturneys fee. 0 6 8 How to acknowledge a Fine at the Bar in Court IF the acknowledgement be to be made in open Court you must have your Writ of Covenant made by the Cursitor and there compound it at the Office of Alienation where it must likewise be endorsed and entred and so fitted for the Seal to which must be annexed your praecipe and Concord in parchment which you must deliver to some one of the Serjeants at Bar to draw it for you and then you pay him 3 s. 4 d. the other fees payable in Court are certain and are not great for by the acknowledgement in Court the Client saves divers Fees and Charges whicb otherwise the Caption would cost The Caption being past you proceed with your praecipe and Concord and Writ of Covenant through the Alienation Office Kings silver Custos brevinm and Chiroprapher as before was shewed in other acknowledgements Charges of the Fine acknowledged at Bar. FOr drawing the praecipe and Concord 0 3 4 For the Writ of Covenant 0 2 6 For the return of the same 0 2 0 For the filing thereof 0 10 0 To the Serjeant at Bar. 0 3 4 To the Prothonotary 0 0 6 To the Secondary 0 0 6 To the Crier Tipstaves and Court keeper 0 1 6 For the Doctors hand 0 0 4 For the Warrant of Atturney and filing of it 0 0 8 To the Custos brevium 0 3 8 To the Clerk of the Kings silver 0 1 4 To the Chirographer 0 6 8 For ingrossing the Indenture of the Fine 0 3 0 For the Fee 0 6 8 Since that we have hitherto seen how to sue forth a Fine let us also know what things hinder the certifying and ingrossing of Fines knowledged If the Cognisor dye after the knowledging of a Fine and before it be ingrossed such Fine ought not to be certified nor ingrossed 33 H. 6. f. 52. 1 H. 7. f. 9. In like manner if the Cognisee die But if the Writ of Covenant and Dedimus potestatem be returned and thereupon the Kings silver entred and before the Fine be ingrossed the Cognisor or Cognisee die yet is the Fine thereof good and may
afterwards be ingrossed though it be in another Term Haec est finalis Concord facta c. in Crastino pur beatae M. Et post concessa recordata in quindena Pasc c. Dier f. 220. p. 15. f. 254. p. 104. But if the King die after the Writ of Covenant be returned and the Kings silver entetred and before the Fine be ingrossed yet the Writ of Covenant shall be resummoned and the Fine ingrossed otherwise if the Kings silver be not entred 1 H. 7. And in like manner if any Commissioner or Justice before whom a Fine is knowledged chance to die or be discharged of his or their Office before the Kings silver thereof be entred then may a Writ of Certiorari be directed out of the Chancery to the Justices discharged or to Executors or Administrators of such Commissioners or Justices so dying commanding them to certifie the note of the said Fine and Concord Fitz. f. 174. b. 8 H. 4. f. 5. 1 H. 7. f. 9. which being returned the Fine may proceed and be ingrossed A Fine knowledged of lands holden in Capite ought not to be ingrossed before a Licence of Alienation be sued out thereupon 33 H. 6. f. 52. and a Writ of quod permittat finem levari c. A Fine of a reversion ought not to be ingrossed until the Tenant for term of life atturn for until atturnment he is dispunishable of wast neither can the Cognisee avow upon him for the rent behind before Atturnment 22 H. 6. f. 13. plow f. 431. b. And the Cognisee may compell such Tenant for life to atturn by quid Juris clamat and if the Fine be of services he is compellable to atturn by a Writ of per quae servitia if of rent by a Writ of quem redditum reddit No. na br f. 47. a. b. and such Writs must be sued after the note of the Fine knowledged and the Kings silver entred and before it be ingrossed And by the Statute of 23 Eliz. ca. 3. notes of Fines and Concord knowledged for the levying of Fines are to be certified within one year next after the knowledging thereof or else the person taking knowledge of such Fines is not bound to certifie the same Neverthelesse if it be certifyed afterwards it is good enough Thus having briefly discovered the impediments that hinder the certifying ingrossing of Fines knowledged and having left nothing untoucht of the proceeding in suing forth Fines let us go on to the subject matter the very forms of Fines and Concords A Writ of Covenant of Common COmmand c. of three Messuages c. with appurtenances in D. and T. and of Common of pasture for all and all manner of beasts and of pasture for 400 sheep with the appurtenances in D. in the Parish of C. And unlesse he shall do it then summon by good Summoners c. Of Land and Sheep walk COmmand c. of one Messuage one Curâ—ilage one Garden c. and five pounds rent with the appurtenances in F. Also of liberty of one Foldage and of Sheep walk with the appurtenances in F. And unlesse c. Of Wood and Foldage COmmand c. of one hundred acres of wood with the appurtenances in N. and of the liberty of Foldage for 40 sheep wirh the appurtenances in S. And unlesse c. Of Wood. COmmand oâ— c. and four roods of Wood c. in the Parishes of B. and L. c. COmmand c. of 2 parts in 3 parts to be divided 8 acres of land 40 acres of pasture 40 acres of fresh and marish land with the appurtenances in D. c. And unlesse c. Of a Parsonage impropriate and of the Moyety of tithes COmmand c. of the Rectory impropriate of H. with the appurtenances of the moiety of all the tithes of Grain Corn Herbage and Hay of the lands called the B. laâ—ds with the appurtenance in H. aforesaid c. And unlesse c. Of a Mannor of rent and of free-folding for Sheep COmmand c. of the Mannor of c. And ten shillings rent and of free-folding for sheep with the appurtenances in R. and of the hundred of L. And unlesse c. A Writ of Covenant of 3 parts of 4 Messuages 4 Cottages c. COmmand W. S. that he hold Covenant c. of the 3 part of 4 Messuages 4 Cottages one Mill 10 Gardens 10 Orchards 200 acres of Land 200 acres of Meadow 200 acres of Pasture 30 acres of Moor 30 acres of Turbarie and 5 s. rent with the appurtenances in A. B. C. D. and of the third part of the view of frank pledge of the goods and Chattles waived of Fugitives put in exigent felons de se deodands treasure found and extrahur with the apurtenances in M. c. Also of the third part of the Rectorie of the Church of K. with the appurtenances And unlesse c. A Writ of Covenant of Tithes Leic. ss COmmand T. N. Knight that he hold Covenant c. of the profits of Grain Hay Wool and Lambs and of all other Tithes with the appurtenances in M. And unlesse c. A Writ of Covenant of the Scite of a Monastery Derb. ss COmmand A. B. that he hold Covenant to C. D. of the Scite of the Monastery of B. with the appurtenances and of 20 Messuages c. and of Common of Pasture for all manner of beasts and of 100 shillings rent and of the rent of henns and rent work with the appurtenances in â— and F. And unlesse c. And the Concord is such to wit that the aforesaid A. B. hath recognised the aforesaid Scite Tenement Common of Pasture and rents with the appurtenances to be the right of the said C. as those c. with release and Warranty c. A Writ of Covenant of divers things Linc. ss COmmand F. M. Esq and T. M. Son and Heir apparent of the â—ame F. that they hold Covenant to F. F. and N. R. Gentlemen c. of the Mannors of T. S. and H. near N. upon Trent And of 40 Messuages 20 Cottages 40 Tofts 30 Barns 2 Water-mills 1 Wind-mill 3 Dove-houses 40 Gardens 40 Orchards a thousand acres of land a thousand acres of Meadow 1000 acres of pasture 500 acres of wood 100 acres of Marish 100 acres of Furres and Heath 100 acres Willows 100 acres Rushes 500 acres of Moor 4 l. rent and the rent of half a pound of pepper with the appurtenanceâ— in T. c. And also 50 Mines of Coal with the appurtenances in T. S. and also of the Advowson of the Church of T. and H. And unlesse c. A Writ of Covenant of Dismes and Tithes Notting ss COmmand D. F. that c. he â—old Covenant to R. Y. Esq c. of the Titnes of Sheafs Grain and Hay with the appurtenances in R. and W. and of the tithes af Hay in V. also of the tithes of Wool Lambs Offerings Obventions and
Fine by the Husband and the Wife to the Husband and Wife with a Render Staff ss COmmand c. that justly c. keep Covenant c. of the Mannor of B. And unlesse c. And the Concord is such to wit that the aforesaid I. â— and E. have recognised the Mannor aforesaid with the appurtenances to be the right of him the said R. as those which the said R. and M. have by the gift of the aforesaid I. and E. and those they have remised and quite claimed from them the said I. and E. and the Heirs of him the said E. to the aforesaid R. and M. and the Heirs of him the said R. for ever And furthermore the said I. and E. have granted for themselves and the Heirs of the said E. that they will warrant the aforesaid Mannor with the appurtenances to the aforesaid R. and M. and the Heirs of him the said R. against all men for ever And for this recognisance remise quite claim warranty fine and concord the said R. and M. have granted for themselves and their Heirs to the aforesaid I. and E. and the Heirs of the body of him the said E. lawfully begotten four pounds rent issuing out of the Mannor aforesaid with the appurtenances and those to them they have rendred in the said Court. To have and perceive every year that is to say one moyety thereof at the Feast of St. M. and the other moyety thereof at the Feast of th' Annunciation of the blessed Virgin Mary to the said I. and E. and the heirs of the body of the said E. lawfully begotten by equal portions yearly to be paid by the hands of the Tenants which shall hereafter hold the said Mannor with the appurtenances And moreover the said R. and M. have granted for themselves and their heirs that if the aforesaid rent at any term wherein it ought to be paid shall be in arrear in part or in all that then it shall be lawfull for the aforesaid I. and the heirs of the body of him the said I. lawfully begotten to distrain the aforesaid R. and M. and their heirs and those which hereafter shall hold the said Mannor by all their goods and chattels in the said Mannor with the appurtenances found for twenty shillings in name of a pain for every Term so being in arrear by the space of one moneth And those to retain until full payment as well of the aforesaid four pounds rent as of the aforesaid twenty shillings Nomine poene which to them shall be in arrear c. A writ of Covenant that was for the King for the Tith-corn of a Parish and the manner of the endorsment thereof used by his Attorney General Essex ss COmmand A. B. and C. that they hold to us Covenant between us and the aforesaid A. and C. made of all and all manner of Tithes of grain growing comming or renewing within the said Parish of Hotton And unlesse they shall doe it summon by good summoners c. The Endorsment is thus Edward Coke Esq Attorney General of our Soveraign Lord the King for the said Soveraign Lord the King prosecutes this Writ A Fine knowledged by T. W. to I. R. of one Messuage one Barn of Land Meadow and Pasture and warranty against all men Essex ss COmmand T. W. Esq that justly c. he hold to I. R. the Covenant between them made of one Messuage one barn 25 acres of land 4 acres of meadow and 10 acres of pasture with the appurtenances in L. And unlesse c. And the Concord is such to wit that the aforesaid T. hath recognised the Tenements aforesaid with the appurtenances to be the right of the said I. as those which the said I. hath by the gift of the aforesaid T. And those he hath remised and quite claimed from himself and his heirs for ever And furthermore the said T. hath granted for himself and his heirs that he will warrant the Tenements aforesaid with the appurtenances to the aforesaid I. and his heirs against all men for ever And for this recognisance c. A Fine knowledged by the Husband and Wife and the Cognisee by the same Fine granteth and rendreth back again the premises to the said Conusors and to the heirs of the Husband one of the said Conusors for ever COmmand T. B. and E. his Wife that justly c. they hold to W. L. and I. K. the Covenants between them made of the Mannor of W. with the appurtenances and of 2 Messuages 80 acres of land 100 acres of Pasture 60 acres of wood and 5 shillings rent with the appurtenances in H. and B. And unlesse c. And the Concord is such to wit that the aforesaid T. and E. have recognised the Mannor Tenements and Rent aforesaid with the appurtenances to be the right of the said W. as those which the said W. and I. have by the gift of the aforesaid T. and E. and those they have remised and quit claimed from the said T. and E. and their heirs to the aforesaid W. and I. and the heirs of the said VV. for ever And furthermore the said T. and E. have granted for themselves and the heirs of the said E. that they will warrant the Mannor Tenements and rent aforesaid with the appurtenances unto the aforesaid W. and I. and the heirs of him the said W. against all men for ever And for this Recognisance c. the said W. and I. have granted to the aforesaid T. the Mannor Tenements and Rent aforesaid with the appurtenances and those to him they have rendred in the said Court. To have and to hold to the said T. and his heirs for ever A Fine knowledged by H. K. and I. his wife I. C. and K. his Wife to R. G. of one Messuage one Garden of land and pasture and the same Conusors for them and the heirs of Jo. do warrant two parts of the premisses in 3. parts divided to the Conusee and his heirs against all men for ever COmmand I. H. and I. his Wife that justly c. they hold to R. G. the Covenant between them made of one Messuage one garden 40 acres of land and 4 acres of pasture with the appurtenances in c. And unlesse c. And the Concord is such that the aforesaid I. and I. have recognised the Tenements aforesaid with the appurtenances to be the right of the said R. as those which the said R. hath by the gift of the aforesaid H. I. I. and K. and those they have remised and quite claimed for them the said H. and I. I. and K. and their heirs to the aforesaid R. and his heirs for ever And furthermore the said H. and I. I. and K. have granted for themselves and the heirs of the said I. that they will warrant two parts of the Tenements aforesaid with the appurtenances in three parts divided to the aforesaid R. and his heirs against all men for ever And for
Tenements do belong for ever Adjuncts of Concords THe adjuncts of a Concord be of two sorts Internal External Internal be such as be contained within the very Concord it self of which sort be the clause of reservation of the Services Rent or other thing the clause Reservation Nomine poene Distresse of Nomine poene the clause of Distresse and the clause of Warranty All which clauses of Reservation Nomine poene Distresse and Warranty are to be made in such words and in such formes as the like are made in Instruments extrajudicial Warranty And warranties be sometimes general that is to say against all men some against all except certain persons some against certain persons only some against every Cognisor and his heirs severally and some against one of the Cognisors and his heirs only some of all the lands in Fine some of all except part and some of part only certainly expressed Licence Alienation The External adjuncts of Concords be the licence of alienation the Dedimus potestatem the examination of the parties and the cognisance The licence of Alienation is a power or authority given by the King now by the L. Prot. to the parties that lands may be alienated without incurring the danger of contempt And every such licence is either to alien lands holden in Capite or to alien lands into mortmain The license of alienation of lands holden in Capite may vary from the Fine and be good 32 H. 8. Br Alienation 4. 30. Docket For the obtaining of which licence the Clark of the licences doth use to draw a Docket in paper containing the effect of the Fine Feoffment or other Deeds whereby the alienation is to be made Affidavit And thereupon affidavit or composition must be made for the value of the lands which are to passe thereby which is to be signed by the Doctor of the Chancery that hath power to take Oath Then the Kings Fine is to be paid to the receiver of Fines who will sign the Docket And after the same is to be signed by two of the Commissioners of the Office of of Fines and Licences and upon that Docket the Clerk of the Licences is to make the Licence and get it sealed with the great Seal which licence is to be made in form following OLiver c. To all to whom these present Letters shall come greeting Know ye that we of our special grace and for 3 pounds to us paid in our treasury have granted and gâ—ven licence and by these presents do grant and give licence for us and our heirs as much as in us is to our beloved friend J. F. that he all the Moyety of the Mannor of C. with the appurtenances and 40 Messuages 20 Cottages 40 Gardens 50 acres of Land 40 acres of Meadow 300 acres of pasture 30 acres of wood 300 acres of Moor and twenty pounds rent with the appurtenances in W. and elsewhere in our County of N. to the said moyety appertaining or belonging parcel thereof being reputed or accepted as they are held of us in Capite may give grant alien sell bargain enfeoffe warrant or knowledge by sine in our Court before our Justices of the Common Bench or otherwise or by any mean whatsoever to our beloved friend E. R. To have and to hold to the same E. his heirs and assigns of us and our heirs by the service aforesaid for ever as aforesaid by the tenor of these presents we have likewise given licence and do give special licence unwilling that the aforesaid I. or his heirs or the aforesaid E. or his assigns aforesaid by reason of the premises by us our heirs or successors Justices Escheators Sheriffs Bayliffs or other our Officers or Ministers whosoever of our heirs or successors thereof should be occasioned molested disturbed vexed or grieved in any thing or any of them should be occasioned molested disturbed vexed or granted in any thing In testimony of which thing these our Letters Patents we have caused to be made Witnesse my self at Westminster the last day c. A licence to alien in Mortmain OLiver c. To all c. know ye that we of our special grace and for 40 s. to us paid in our treasury have granted and given licence and doe give licence for us and our heirs as much as in us is to R. S. that he the advowson of L. to the Abbot and Covent of L. in the County of E. may give and grant To hold to them and their successors of the said soveraign Lord and his heirs in free pure and perpetual free alms for ever And to the same Abbot and Covent that they the advowson from the aforesaid R. S. may receive and appropriate that Church and that so appropriated may to their own uses hold to themselves and their successors of the said Lord Protector and his heirs in free pure and perpetual free almes for ever Nilling c. Ut supra Quod permittat finem levari ANd after that such licence is had the use was which is not now in use to have a writ mentioning the licence and the effect of the Fine directed to the Justices of the Common place commanding them that they print the Fine so levied Register f. 176. a. 1. E. 3. ca. 12. 34 E. 3. ca. 15. 33 H. 6. f. 2. The form of which writ succeedeth REx To his Justices of the Bench greeting Whereas by our Letters Patents of our special grace we have granted to I. S. that he of his Mannors of F. and W. with the appurtenances which are held of us in Capite may infeoffe to K. c. reciting the whole Charter as in our Letters aforesaid more fully it is contained and our Writ of Covenant hangeth before you in the Bench aforesaid between the aforesaid I. and K. of the Mannors aforesaid to levy a Fine thereof between them according to the Law and Custom of our Kingdom of England as we have been informed we command you that that Fine between the parties aforesaid of the Mannors aforesaid before you in the same Bench to be levied ye permit according to the tenour of our Letters aforesaid Witness c. But before the 20 H. 3. the Kings tenant in Capite might have aliened his free lands without licence 14 H. 4. 3. 20. Ass Pâ—ac 17. as it seeemeth The Writ of ad quod damnum BUt before the granting of any such licence either to alien Lands holden in chief or to alien lands in Mortmaine or release right in Mortmain or exchange the ancient use was to have a writ ad quod damnum conteining the substance of the Kings licence out of the Chancery directed to the Escheator in the County wherein the Lands lye to be aliened to enquire and certifie into the Chancery what damage or prejudice the alienation thereof will be to the King or the other chief Lord of whom they are holden And of what tenure and value the Lands be And
honest person which knoweth the Land brought thither to make oath for the value thereof for Oath without such oath or composition the Fine cannot passe Composition And composition with the Commissioners will not readily be made without oath or some late Fine License or other matter of Record to inform the Commissioners of the value thereof which being done the writ of Covenant is again there to be entred and the fine thereof if it be finable must there be paid to the Receiver and the writ must be signed by the said Commissioners and that done the said writ must be sealed and returned with the Concord and Dedimus Potestatem if the Cognisance was taken by Dedimus Potestatem then the said writings must be taken out signed by the Custos brevium and thence they must be carried to the Clerk of the Prot. Silver who must take a note thereof for the entry of the P. Silver and sign the same again and then must they be delivered to the Chyrographer of fines to be ingrossed and proclaimed The examples wherof appear in their apt places How and when Cognisances of Fines must be certified and what may hinder the same Certifitate JF they which have taken Cognisance of a Fine will not certifie the same a Certiorar is to be awarded unto them comprehending the matter of Dedimus potestatem and command them to certifie c. which if they do not there lyeth against the Commissioners an alias pluries and attatchment c. Fitz. N. B. 147. b. Time But they are not bound to certifie such Recognisances but within a year after such caption thereof but if they do it is good enough 23. El. c. 3. And with every such Certificate they must certifie the day and year wherein the same was knowledged thus Taken at R. in the County of York the 20th day of October in the year c. Else no Clerk or Officer may receive the same but shall forfeit for every writ otherwise For forfeiture received five pounds 23. El. c. 3. If any of the parties to a Fine die after recognifance thereof and before it be certified it ought not to be certified 1. H. 7. 9. 33. H. 6. fo 52 Dyer fo 146. pl. 68. 7. El. But if such Cognisance of a fine be certified and the Prot. silver entred the fine is good and may afterwards be ingrossed though it be in another Term. Thus THis is the finall Concord made c. In the morrow of the Purification of the blessed Virgin Mary and afterwards granted and recorded in fifteen days of Easter Dyer f. 220. pl. 15. and fo 254. pl. 104. If the Justice or Commissioner that hath taken the knowledge of a Fine die before Justice oâ— Commissiners dieth it be certified their executors or administrators may certifie the note of the fine to the Justices of the Common-place by writ Certiorari out of the Chancery to them directed 8. H. 4. 5. 1. H. 7. 9. Fitz. N. B. f. 147. b. The form of which Certiorari is thus Certiorari to the Execut of the Justice upon the cognisance of the fine O. c. to his beloved B. W. widdow executrix in of the Testament of T. W. late one of our Justices of the Bench greeting We willing for certain causes to be certified upon certain cognisances of a fine between T. D. and I. G. of one Messuage with the appurtenances in T. and in the County of E. by the aforesaid late Justice taken in your custody by reason of the execution of the Testament aforesaid being as it is said We command you that the Cognisancâ—â—â—foresaid to our Justices at Westminster under your seal distinctly and plainly without delay you send and this writ that th' aforesaid Justices further to levy that fine may cause to be done that which of right and according to the Law and Custome of our Common-wealth of England ought to be done T. c. Justice discharged In like manner if a Justice having taken cognisance of a fine be discharged of his Office before he hath certified the same he may not certifie it without alike writ notwithstanding that he be restored to his place again 8. H. 4. 5. 1. H 7. 9. And thereupon it hath been used that a writ hath been directed to the said Justices to receive the same cognisance but it is not in use at this day F. N. B. 147. E. Kings death But if the King die after the cognisance taken and before the certifying thereof the Justices cannot then certifie nâ—m per morâ—em sâ—u dimissionem Regis câ—ssat potestas Judicis 1. H. 7. 9. yet learn for I think the statute of 1. Ed. 6. c. 7. doth give remedy in this For the words thereof be these in effect By the death and demise of any King no action bill or plaiâ—t that shall depend between party and party in any Court of Record shall be discontinued or put without day â—ut if the King dye after the Kings silver is entred and before the Fine be ingrossed the writ of the Covenant may be resummoned and the Fine ingrossed 1. H. 7. 9. Femes If a Feme sole by Dedimus Potestatem knowledge a Fine and before the return thereof marry this Fine may be certified and ingrossed as of a Feme sole because the taking of her Husband after the Fine knowledged is her own voluntary act and such Fine shall barr her and her Heirs for ever Dyer fo 246. pl. 68. Mich. 7. and 8. El. Signed Every writ of Dedimus Potestatem to speciall Commissioners for the taking of the Cognisance of fines ought to be signed by the Lord Chancellor or Lord Keeper now the Lords Commissioners or chef Justice of the Common Place or the chief Justice of the Circuit where the Land lyeth Of the Inrolement of Writs of Covenant Dedimus Potestatem and knowledges thereupon which is termed the foot of the Fine Inrollment BEfore the ingrossing of the fine by the Chiographer the writ of the Covenant the writ of Dedimus Potestatem with the knowledges and notes of the same must be inrolled and in a Roll to be of Record for ever to remain in the safe custody of the chief Clerk of the Custos brevium Fee Common place which is the Custos brevium and his successors who must have 22 d. fee for enting of the Concord to the intent that if the notes of the Fines in the Custody of the Chyrographer be embezelled or lost execution Embezelling Proclamations The foot of the Fine may be had upon the said Roll. 5. H. 4 c. 14. upon this Roll the proclamations are endorsed and these notes are termed the foot of the Fine Dyer fo 321. pl. 19. 15 El. Of the Note of the Fine The note of the fine THe note of the Fine is a note thereof made by the Chirographer before it be ingrossed which beginneth thus
aforesaid Town the day wherein this Concord was made and which after the decease of him the said P. unto the aforesaid L. and his Heires ought to revert after the decease of him the said P. Rem to the heirs of his body shall wholly remain to the aforesaid A. and the heirs of his body begotten to hold of the chief Lords of that Fee by the services which unto the aforesaid Rent do belong for ever And if it happen that the same A. shall dye without heir of his body begotten then after the decease of him the said A. the aforesaid Rent with the appurtenances shall wholly remain to the right heirs of him the said A. to Rem to the right heirs hold of the chief Lords of that Fee by the services which unto the aforesaid Rent do belong for ever And for this Grant Fine and Concord the same A. hath given to the aforesaid L. one hundred Marks of silver And so of others according to the diversities of their cases Of the tabling of Fines ingrossed Tables THe Chirographer of Fines of the Common Pleas for ever must write and make one table for every County where the Protectors Writ runneth containing the contents of every Fine that shall pass in any one Term as the name of the County Townes and places wherein the Tenements mentioned in any Fine be the name of the Plaintiff and Deforcient and of every Manor named in any Fine And the first day of the next Term after the ingrossing of every such Fine shall fix every of the said Tables in some open place of the Court of the Common Pleas so every day of the said Term during the sitting of the said Court And the said Chirographer shall deliver to every Sheriff of every County his Under Sheriff or Deputie 〈◊〉 fair written in Parchment a perfect content of the Table so to be made for that Shire in the Term that shall be next before the Assises to be holden in the â—ame County or else between the Term and the said Assizes to be set up the first day and every day of the next Assizes in some open place of the court where the Justices of Assizes then shall sit to continue there so long as they shall fit in the said Court if either the Chirographer or Sheriff fail herein he forfeiteth five pound and the Chirographers see for every such Table is 4 d. 23. El. c. 3. How many Proclamations are to be made upon Fines and when FOur Proclamations only are now to be made upon every Fine with Proclamation to wit one in the Term in which the Fine is ingrossed and in every one of the three Terms next ensuing the ingrossing thereof one Proclamation 13. El. c. 2. Adjournment But if any of the same Proclamations fail by reason of the adjournment of any of the said Terms by Writ of Adjournment duly made yet is such Fine good and a good Fine with Proclamations as if the same had been proclaimed 1 M. c. 7. Sundaies But if any Proclamations be made upon a Sunday it is error because it is not dies Iuridicus Dyer fo 128. Pl. 53. 55. 2. Eliz. Of the Proclamation of Fines at the Assizes and generall Sessions how they must be certified Sessions TO the end better notice of Fines may come to them to whom that appertaineth it is ordained by the said Statute of 4. H. 7. c. 24. That the Just of the Common place shall send Assizes a transcript of such Fines to the Justice of Assize in the Counties where the Land doth lye to be proclaimed openly and solemnly at all the Assizes which shall be therein holden within one year aâ—ter the ingrossing of such Fines and that the like transcript be made to the Justices of Peace there to be proclaimed at four severall Sessions in the said Counties and both the same Proclamations to be made and certified into the Common place the second day of the return of the Term then next following And it is to noted that while the said fines are read all pleas must cease 4. H. 7. c. 24. Proclamation The form of every such Proclamation is thus After the Cryer hath made O yes for silence saying O yes les fines lies or to that effect the Chirographer or his Deputie readeth the fines thus York A fine with Proclamation between A. B. Plaintiff and C. D. Deforcient of Tenements in D. c Cognisee dead If the Cognisees in fines die before the Ingrossing thereof no Proclamation shall be made because they had their Election to have the fine with Proclamations or without which Election is now by their death determined Dyer fo 254. Pl. 104. 8. El. Plow fo 266. b. Of the Inrolment of all the part of Fines at the ingrossing thereof and Proclamations passed The Inrollment Office BY the Statute of 23. El. c. 3. it is ordained that there shall be for ever an office of Inrolment called the Office of Inrolments of Fines and Recoveries And the Justice of the Common Pleas for the time being other than the Chief Justices shall have and take the care and charge of the Inrolments aforesaid see the examinations thereof and write their names unto the Rolls thereof and have and enjoy the said Office and the disposition thereof and carefully see and look to the execution thereof and have for the inrolment and examination of every such Fine six shillings eight pence Exemplification And for every exemplification of every such Inrolment of any fine five shillings for one years search four pence for every sheet of paper containing fourteen lines four pence Punishment And the Justices of the Common place have power to take order in all things convenient for the said Inrolments and upon examination in the said Court to assesse fines and amerciaments upon persons offending for their misprision contempts or negligences for not doing or misdoing of any thing of in or concerning any such fines as they shall think meet and convenient 23. El. c. 3. And every Writ of Covenant and other Writ whereupon any fine is levyed the return thereof the Dedimus potestatem made for the knowledging thereof the return thereof the Concord the Note and foot of every such fiâ—e the Proclamations made thereupon and the Kings Silver upon the request or election of any person may be inrolled in the said Office and the Inrolments of the same or of any part thereof shall be of as good force and validity in the Law to all intents for so much of any of them so inrolled as the same being extant and remaining were or ought by Law to be 33 El. c. 3. Of the exemplification of the parts of Fines inrolled WHen any of the parts of a Fine be inrolled according to the said Statute then may the same be exemplified either under the Seal of the office or under the great Seal of England but to exemplifie
the decease of him the said I. the aforesaid Manor with the appurtenances should wholly remain to E. Brother of the same I. and the heirs of his body begotten to hold of the aforesaid S. and his heirs by the aforesaid services as aforesaid for ever And if it should happen that the aforesaid E. E. should dye without heir of his body begotten then after the decease of him the said E. the aforesaid Manor with the appurtenances should wholly revert unto the aforesaid S. and his heires quite from other the heirs of them the said C. and I. W. and I. and E. to hold of the chief Lords of that Fee by the services which unto that Manor should belong for ever And now by the information of I. L. and M. his wife being one and T. V. and T. his wife being another also of H. B. being the third of the Cozens and heirs of the aforesaid G. and I. of their bodies begotten we have received that the aforesaid G. and I. are dead And that T. L. and R. I. into the aforesaid Manor with the appurtenances now are entred and it they hold against the form of the Fine aforesaid And for that we will those things which are done in our Court be duly demanded for execution we command you that by honest and lawfull men of your Bayliwick you cause the aforesaid T. L. and R. to know that they be before our Justices at Westminster in 8. dayes c. to shew if they have or know any thing to say for themselves wherefore the aforesaid Manor with the appurtenances which they hold in form aforesaid after the death of the aforesaid G. I. to the aforesaid M. T. and H. Cozens and heirs of them the said G. and I. of their bodies begotten ought not to remain according to the form of the Fine aforesaid if it shall seem expedient to them and have you there the names of them by whom you shall cause them to know and this Writ witness c. OLiver To the Sheriff greeting Whereas A Scire fa. for the Heir of him in remainder a certain Fine was levyed in the Court of the Soveraign Lord James late King c. tali die Anno before A. and his Associates then Justces of the same Soveraign Lord James of the Bench between W. plaintiff R. Deforcient of the Manor of T. with the appurtenances whereof plea of Covenant was summoned between them in the same C. to wit that the aforesaid R. hath recognized the aforesaid Manor with the appurtenances to be the right of him the said W. as that which the same W. had by the gift of the aforesaid R. and for that recognizance Fine and Concord the same W. had granted to the aforesaid R. the aforesaid Manor with the appurtenances to have to hold to the same R. of the aforesaid W. and his Heirs Males of his body begotten all the life of him the said R. yeelding therefore by the year c. And after the decease of him the said R. the a-aforesaid Manor with the appurtenances shall wholly remain unto the aforesaid W. and his Heirs quite from the Heirs of the aforesaid R. to Render for life with revertur to him in tail remainder over in tail hold of the chief Lords of the Fee by the services which unto that Manor should belong for ever and if it should happen that the aforesaid R. should dye without Heir Male of his body begotten the aforesaid Manor with the appurtenances should wholly remain to T. Brother of him the said W. and to the Heires Males of his body begotten to hold of the chief Lords of that Fee by the services aforesaid for ever and now by the insinuation of A. son and Heir of the aforesaid T. we have received that the aforesaid R. is now dead and that the aforesaid W. dyed without Heir Male of his body begotten and that I. into one Messuage c. with the appurtenances which were parcell of the Manor aforesaid now is entred and those holdeth against the form of the Fine aforesaid And for that we will those things c. if he hath or knoweth any thing to say for himself wherefore the aforesaid tenement with the appurtenances to the aforesaid A. son and heir of the aforesaid T. ought not to remain according to the form of the Fine aforesaid if it shall seem expedient to him c. And have you c. Scire facias against severall tenants Return of sc fecit And now here at this day came as well the aforesaid I. S. by S. his Artorney as the aforesaid W. and A. by F. his Atturney and the Sheriff returned that he caused the same W. and A. to know of being here at this day to shew severally in form aforesaid by R. and F. honest c. And hereupon the aforesaid I. saith that he is Cozen and Heir of the aforesaid I. and Cozenage alleged E. that is to say c. and prayeth against the aforesaid W. and A. severally execution in form aforesaid c. And now the aforesaid W. and A. as to the A bar that the parties to the Fine had nothing in the land at the time of the fine but I. whose estate the tenant hath aforesaid tenements whereof execution against them is prosecuted and the aforesaid R. and I. as to the aforesaid tenements whereof execution against them is severally prayed severally do say that neither the aforesaid I. nor the aforesaid W. and B. whom by the Fine aforesaid he supposeth to be parties of that Fine have nothing in the tenements aforesaid with the appurtenances whereof execution against W. and A. is severally prayed at the time of the levying of the same Fine but that one I. and C. was thereof seised at the time of the levying of that Fine of which estate of the said I. C. in those tenements whereof execution against them is prayed which the aforesaid R. and I. severally have in the tenements aforesaid wherof execution against them is severally prayed they severally pray Judgement whether the aforesaid I. execution thereof against them ☞ ought to have c. And the aforesaid I. saith that at the time of the levying of that Fine the aforesaid I. and I. who were parties of that Fine were seised of the tenements aforesaid Issue that I◠was seised at the time of the Fine levyed with the appurtenances whereof execution against the aforesaid W. and A. severally in form and manner aforesaid is prosecuted as by that Fine it is supposed And this he prayeth c. therefore 12 c. A Scire Facias upon a Fine WHereas a certain Fine was levyed in the Court of the Soveraign Lord E. heretofore King of England our Grand-father from the day of the Holy Trinity in 15. dayes in the year c. before I. of B. and his Associates then Justices itinerate of him our said Grand-Father at York between Alan plaintiff
there begotten and born and the same H. at the said Town of N. in the same County in the aforesaid Church c. took to wife one I. and the same H. and I. after the spousall between them there celebrated had issue between them the aforesaid W. H. begottē born who now prosecuteth and so the same W. H. who now prosecuteth saith that he is Cozen and Heir of the aforesaid W. Brother of G of the body of him the said W. Brother of G. begotten that is to say Son of the aforesaid H. Son of the said T. Son of the same W. Brother of G. and prayeth against the aforesaid R. S. c. execution c. A Fine levyed to one by a Guardian THe Sheriff was commanded whereas a fine was levyed in the Court of the Soveraign Lord E. late King of England c. in Oct. c. Anno c. before c. by a Writ of him the said late King between S. P. and I. his wife and S. son of the same S. and I. plaintiffs by E. Gardian or keeper of him the said S. son of the same S. P. and I. to game and W. P. parson of the Church of T. and I. H. Chaplain deforcients of two Messuages c. with the appurtenances in T. S. and W. whereof Plea of Covenant was summoned between them in the same Court to wit that the aforesaid S. P. did recognize the tenements aforesaid with the appurtenances to be the right of him the said W. as those which the same W. and I. then had by the gift of the aforesaid S. P. and for the same recognizance Fine and Concord the same W. and I. did grant to the aforesaid S. P. and I. and S. son of the same S. and I. the aforesaid tenements with the appurtenances and those to them they did render in the same Court To have and to hold to the same S. P. and I. and S. son of the same S. and I. and the Heirs of him the said S. son of the same S. and I. of his body begotten of the chief Lords of that Fee by the services which unto the aforesaid tenement should belong for ever and if it should happen that the same S. son of the same S. and I. should dye without Heir of his body begotten then after the decease of them the said S. and I. and S. son of the same S. and I. the aforesaid tenements with the appurtenances should wholly remain to the Heirs-Males of the bodies of them the said S. and I. issuing to hold of the chief Lords of that Fee by the services which unto the aforesaid tenements should belong for ever and if no Heir-Male of the body of them the said S. P. and I. should be begotten then the aforesaid tenements with the appurtenances wholly should remain to M sister of the aforesaid S. daughter of the aforesaid S. and I. and the Heirs of her body begotten to hold of the chief Lords of that Fee by the services which unto the aforesaid tenements should belong for ever and if it should happen that the same M. should dye without Heir of her body begotten then after the decease of her the said M. the aforesaid tenements with the appurtenances should wholly remain to I. sister of the same M. and the Heirs of her body begotten to hold of the chief Lords of that Fee by the services which unto the aforesaid tenements should belong for ever and if it should happen that the same I. should die without heir of her body begotten then after the decease of her the said I. the aforesaid Tenements with the appurtenances should wholly remain to the right heirs of the aforesaid S. P. to hold of the chief Lords of that Fee by the services which unto the aforesaid tenements do belong for ever and now by the insinuation of I. A. Cozen and heir of the aforesaid M. of her body begotten the King did receive that the aforesaid S. P. and I. are dead without Heir-male of their bodyes begotten and the aforesaid S. son of the aforesaid S. and I. is dead without heir of his body begotten and that the aforesaid M. is likewise dead and that one R. L. and others into the Messuages c. Scire fac for the heir of him in remainder aforesaid with the appurtenances is now entred and those they hold against the form of the Fine aforesaid And for that c. you should give to the aforesaid R. L. and the others to know that they should be here at this day to wit tale die to shew if they know or have any thing c. wherefore the Messuages aforesaid with the appurtenances which they hold in form aforesaid after the death of the aforesaid S. P. and I. S. c. and the aforesaid M. to the aforesaid I. A. Cozen and Heir of her the said M. of her body begotten ought not to remain according to the form of the Fine aforesaid in so much as the aforesaid S. P. and I. are dead without Heir-male of their bodies begotten and that the aforesaid S. son of the aforesaid S. and I. is dead without heir of his body begotten if c. And now here at this day came as well the aforesaid I. A. by T. B. his Attorney as the aforesaid R. L. and others by I. K. their Attorney the Sheriff returneth that he gave to the same R. and others to know of being here at this day to shew inform aforesaid by I. C. and other honest c. whereupon the same I. A. saith that he is Cozen and Heir of the aforesaid M. of her body begotten that is to say son of I. son of W. son of S. son of the aforesaid M. And prayeth execution of the tenements aforesaid to him to be a judged c. And the aforesaid R. L. and others say that Confession of the fine they cannot deny the knowledge of the Fine aforesaid but that the aforesaid S. P. by that Fine recognized the tenements aforesaid with the appurtenances to be the right of the aforesaid W. P. as those which the same W. and the aforesaid I. then had by the gift of the aforesaid S. P. and that for the same recognizance Fine and Concord the same W. and I. by that Fine did grant those tenements to hold to the aforesaid S. P. and I. S. son of the same S. and I. and those to them did render in the same Court To have and to hold to the same S. P. and I. S. son of the same S. and I. and the heirs of him the said S. son of the same S. and I. of his body begotten So that if it should happen that the same S. son of the same S. and I. should dye without Heir of his body begotten then after the decease of them the said S. P. and I. and S. son of the same S. and I. the aforesaid tenements with the appurtenances should wholly remain to the
he putteth himself upon the Countrey And the aforesaid W. likewise Therefore c. Born before marriage And the aforesaid I. P. and A. acknowledge not that they who were parties to the Fine aforesaid nor any of them ever had or have had any thing in the tenements and advowson in the aforesaid Fine contained and say that the aforesaid E. as son and Heir of the aforesaid W. execution of the tenements and advowson against them ought to have because they say that the same W. took to wife one M. which said M. was espoused to the same W. at E. in the County of S. and there the espousals between them were celebrated and say that the sâ—me E. was born at C. in the County of S. beâ—ore marriage And this they are ready to verifie by the Countrey of the aforesaid County of S. and as the Court here shall consider whereof they pray Judgement if the same E. execution of the tenements and Advowson aforesaid as son and Heir of the aforesaid E. in this behalf against them ought to have c. And the aforesaid E. acknowledgeth not any the things by the aforesaid I. P. and A. above alledged and saith that he for any the matters before alledged from execution of the tenements and advowson aforesaid by virtue of the Fine aforesaid ought not to be barred or repelled for that he saith that the aforesaid W. his Father took to wife the aforesaid M. to wit at M. in the said County of E. and there the espousals between them in a lawfull manner and according to the Ecclesiasticall Court were celebrated and saith that hethere within the espousals between them the said W. M. celebrated was born and begotten and this c. by the Countrey of the aforesaid County of E. and as the Court here shall consider whereof he prayeth Judgement and Execution c. and the aforesaid I. P. c say that the aforesaid E. was born at C. in the aforesaid County of S. before the spousall between the aforesaid W. and M. celebrated and this as before he was ready to verifie by the Countrey and as the Court here shall consider c. And the aforesaid E. saith that he was born and was begotten within the espousal between the aforesaid W. and M. celebrated to wit at M. in the aforesaid County of E. and this as before he is ready to verifie by the Countrey of the aforesaid County of E. and according as the Court here shall consider and because it seemeth to our Court here that the issue of the Plea aforesaid by men of both the Counties aforesaid ought to be tryed therfore it is commanded to both Sheriffs of the Counties aforesaid Triall that both of them cause to come here tali die twelve c. by whom c. A Writ to the Bishop to certifie Bastardy THe King to I. by the same grace Lord Bishop of L. greeting Whereas I. M. son of P. of the Brother of G. B. in our Court before us by our certain Writ whereupon he certified that he impleaded I. A. and P. G. of a certain Messuage with the appurtenances in Fee and they the said I. A. and P. according to due premunition by virtue of our said Writ to him made before us they appearing alledged him the said I. to be a Bastard this pretending to verifie and for that cognizance of such like cause meerly belongeth to the Ecclesiasticall Court we command you that yee call forth before yee any which in that behalf shall seem fit to be called forth and diligently thereupon yee make inquisition and the whole truth thereof by your Letters under your seal sealed to us in eight c. wheresoever then we shall be in England ye render more certain and this Writ to us now ye send back T. c. And now here at this day came as well the Return of the Scire facias aforesaid I. B. by B. his Atturney as the afores I. H. in his proper person and the Sheriff returneth that he hath made to know to the same I. H. of being here at this day c. to shew in form aforesaid by N. B. c. honest c. And hereupon the aforesaid I. B. prayeth against the aforesaid I. H. execution c. And the aforesaid I. H. saith that the aforesaid I. B. execution of the Messuage aforesaid with the appurtenances by virtue of the Fine aforesaid I. to whom the plaintiff maketh himself Heir was seised whose estate the tenant hath against him ought not to have for that he saith that the same I. was seised of the same Messuages with the appurtenances in his demeasne as of Fee-tail by virtue of that Fine the estate of which said I. the aforesaid I. H. now hath in those Messuages with the appurtenances and so he saith that the Fine aforesaid was executed in the person of the aforesaid I. by his seisin by virtue of that Fine and this he is ready to verifie whereupon he prayeth Judgement whether the aforesaid I. B. execution of the Messuages aforesaid with the appurtenances by virtue of the Fine aforesaid in form aforesaid executed in this case against him ought to have c. And the aforesaid I. B. saith that he from having execution of the Messuages aforesaid with the appurtenances against the aforesaid I. H. for any the mattrrs before alleged ought not to be excluded for that he saith that the aforesaid I. was not scised of the aforesaid Messuages with the appurtenances by virtue of the Fine aforesaid in form wherein I. H. above hath alledged and he prayeth that this may be inquired by the Countrey and the aforesaid I. H. likewise therfore 12. c. And the aforesaid T. R. as to eight Acres of Wood with the appurtenances in the aforesaid Town of H. whereof execution now is prosecuted against him saith that the aforesaid R. and H. who were parties to the Fine aforesaid at the time of the levying of the same Fine before or after had nothing in the same wood with the appurtenances whereof c. as of Free-hold but that one I. M. then was thereof seised in his demeasne as of Fee the estate thereof of which said I. the aforesaid T. R. now hath the day of the obtaining of the aforesaid Writ of Scire facias had in that wood with the appurtenances and this he is ready to verifie whereupon he prayeth Judgement whether the aforesaid P. son of P. execution of the same eight Acres of wood with the appurtenances by virtue of the Fine aforesaid in this case against him ought to have c. and as to the aforesaid 100. shillings of Rent with the appurtenances in the same Town of H. whereof execution likewise is now prosecuted the same T. further saith that he is not thereof Tenant perceiver nor deforcient of that Rent with the appurtenances nor Tenant of the tenements from whence the same Rent with the appurenances commeth
dayes of Saint Michael last past before E. A. Knight and his Associates our Justices of the Bench aforesaid by our Writ of Covenant between c. of c. we command you the transcript of the Record and Process of the fine aforesaid with all things concerning those which in your custody are as it is said to us under your Seal distinctly and openly ye send and this Writ c. that looking into the transcript of the Record and Process of the fine aforesaid we may c. And note that a Writ of Error is not maintainable by an Infant to reverse a fine for his Infancy but during his Infancy 50 E. 3. 4. 17 E. 3. 52. 78. 27. lib. Ass 53. For what Errors Fines and Proclamations be not reversable NO Fines or Proclamations upon fines or common recoveries shall be reversable by Writ of Error for false or incongrunous latin razure interlining misentring of any warrant of Atturney or of any Proclamation misreturning or not returning of the Sheriff or other want of form of words and not of matter of substance 23 Eliz. ca. 3. Of error in the Proclamation of a fine IF error be in the Proclamation of a fine they shall be reversed by Plea without Writ of error but that fine nevertheless remaineth of good force still for they are severall matters of Record yet if error be in the fine the Proclamations are void because the fine is the first Record whereupon the Ploclamations depend and sublato subjecto tollitur accidens Plo. 266. a. Dyer fol. 216. pa. 54. 4 Eliz. Of a Certiorari IF a man have recovered and before he have execution the Records thereof be removed into the receipt or treasury the plaintiff may have a Certiorari out of the Chancery to the Chamberlain and Treasurer to remove the tenor of the Record and Process thence into the Chancery And when it is there it may be sent thence by Mittimus into the Court whence it came as the uper Bench if it came thence or into the Common-place if it came thence and there may execution be sued 37 H. 6. 16. A Certiorari with a Mittimus to renew a fine bearing date before the fine come into the Chancery is good enough 1 R. 3. 4. In a Writ of error to reverse a fine the Record it self shall not be removed but the transcript thereof because a Record which commeth into the upper Bench shall not be remanded And if the Judgement be affirmed there is no Chirographer to ingross the fine 40 Ass 19. 29. Ass 43. Yet 5. Mary it is holden that in a Writ of error upon a fine the Record it self shall be certified so that no more Proclamations shall be made thereupon for if it be reversed that endeth all and if the fine be affirmed the Record shall be sent into the Common-place by Mittimus to be Proclaimed and ingrossed for if the transcript only should be removed they might nevertheless proceed in the Common place B. tit Rec. 79. Ideo quaere A Certiorari of the transcript of the foot of a Fine OLiver c. To the Treasurer and Chancellors greeting because for some certain causes we will to be certified or willing for certain causes to be certified or for some certain causes to be certified upon the tenor of the foot of a certain fine levyed in our Court before our Justices long ago or last itinerate at N. in Com. tali by our Writ or in the Court of the Soveraign Lord Ch. late King of England c. in the year c. before I. and his Associates then Justices c. of the Bench by his Writ between A. Demandant and B. Tenant of one Messuage with the appurtenances in N. we command you that you search in the Feet of the fines of the same * Iter signifies a journey or voyage c. circuit at the time aforesaid levyed or of the fines before the aforesaid Justices in the year aforesaid levyed which are in our Treasury under your custody as they say the transcript of the foot of the fine aforesaid to us into our Chancery under the Seal of our Exchequer distinctly and openly without delay you send And this Writ Teste c. Otherwise of the tenor of the note of a Fine OLiver c. To his beloved Clerk W. greeting We willing c. upon the tenor of the note of a certain fine levied c. Anno c. between A demandant and C. Tenant c. we command you that you search in the notes of the fines remaining in your custody a transcript of the note aforesaid to us in our Chancery under your Seal distinctly and openly without delay you send and this Writ T. c. Otherwise before Justices now of the Bench. A Fine levyed in our Court in the year c. before W. and his Associates then our Justices of the Bench by our Writ between c. A Mittimus of the Transcript of a Fine out of the Chancery into the Common place OLiver c. hath sent to the Justices here his Writ close in these words Oliver c. To his Justices of the Bench greeting the transcript of the foot of a certain fine levyed in the Court c. before R. H. and his Associates then Justices c. of the Bench at Westm by his Writ between G. P. and I. his wife plaintiffs and S. P. desorcient of the Manor of C. with the appurtenances to us in our Chancery of our mandate sent to you we send in these presents intercluded commanding that by the inspection aforesaid for the further prosecution of I. L. and M. his wife being one and T. U. and T. his wife being another and also of H. B. third Cozen and Heir of the aforesaid G. and I. of their bodies be gotten you cause to be done that which of right and according to the Law and custome of our Common-wealth of England ought to be done witness my self at Westminster the eighth day of I. in the year c. The transcript of the foot of the fine whereof mention is made in the Writ aforesaid followeth in these words This is the finall Concord made in the Court of c. at Westm in eight dayes of Saint Michael in the year c. before R. H. W. B. P. M. W H. L. T. and H. S. Justices and other faithfull then there present between G. P. and I. his wife plaintiffs by W. F. put in the steed of them to Atturney in the fine gain or lose and S. P. deforcient of the Manor of C. with the appurtenances whereof Plea of Covenant was summoned between them in the same Court to wit that the aforesaid G. hath recognized the aforesaid Manor with the appurtenances to be the right of him the said S. as that which the same S. hath of the gift of the aforesaid G. And for this Recognizance fine and Concord the same S. hath granted to the aforesaid G. and I.
the 19. day of S. in the year c. at B. aforesaid by his certain Charter which the same W. R. with the Seal of the aforesaid F. signed here in Court produceth the date whereof is the same day and year gave and granted the tenements aforesaid with the appurtenances to the aforesaid W. R. to have to him and his Heirs for ever and furthermore the aforesaid F. by the Charter aforesaid the tenements aforesaid with the appurtenances to the same W. and his Heirs against all men did warrant as by that Charter more fully it appeareth by virtue of which said gift and grant the same W. was and as yet is seised of the tenements aforesaid with the appurtenances in his demesne as of Fee and so thereof being seised one D. D. arraigned against him the said W. an Assise of novel disseisin of the aforesaid tenements with the appurtenances before I. C. one of the Barons of the Exchequer of the Lord Protector and F. R. one of the Serjeants at Law of him the said Protector Justices of the same Lord Protector at the Assizes in the County aforesaid assigned to be taken according to the form of the Statute c. whereby the same W. R. hanging that assise often required the aforesaid F. that he the aforesaid tenements with the appurtenances to the same W. would warrant and the same F. those tenements with the appurtenances to the same W. hitherto to warrant hath denyed and as yet doth deny whereupon he saith that he is the worse and hath damage to the value of a hundred pounds and thereupon he bringeth sute c. OF RECOVERIES FOR Assurances c. IN every recovery are to be regarded the demandant the Tenant of the Land and the vouchee as the efficient causes thereof The Land demanded as the matter which must as certainly be set down in Writs of entry as in Writs of Covenant whereupon Fines are levyed The end and effect of such recoveries is to discontinue and destroy estates tailes remainders and reversions and bar the former owners thereof The demandant is he that bringeth the Writ of entry and may be termed the recoverer The tenant is he against whom the Writ is brought and may be termed the recoveree The vouchee is he whom the tenant voucheth or calleth to warranty for the Land in demand And such persons may be demandants Tenants and vouchees in these recoveries as may be cognizors and cognizees in Writs of Covenant and by such names mutatis mutandis Saving if that any recovery be had against tenant in tail the reversion or remainder being in the Kings of England their progenitors and Successors such recovery will neither bar the issue in tail of his entry nor discontinue his estate nor pluck such reversion or remainder out of them 34 H. 8. ca. 20. Quaere tamen si tiel recovery bar issue in tail during the continuance of the esiate tail Dyer fo 132. pl. 1. Item before such persons by such means and in such manner may warrants of Atturney be acknowledged and certified as fines knowledged in the Country saving that the recognizance of warrants of Atturney may be taken by any Justice or Serjeant without a Writ of Dedimus potestatem And fines must be paid upon Writs of Entry as upon Writs of Covenant And all such Writs of entry must be signed by the Protectors Atturney before they can be Sealed In a Recovery with double voucher the fine must be sued first to make him tenant at the time of the Writ of Entry brought for every Writ of entry must alwayes be brought against him that is tenant of the Freehold of the Land demanded at the time of the Writ brought 18. R. 2. and Dyer fo 252. pl. 98. for that that the estate of the tenant in tail which is vouchee is barred in respect of the Assets only which is or may be recovered in value Pl. Bassets vers Manxell fo 11. a. and of execution sued by the tenant against him And if the tenant have but an estate for life or in dower or by the Curtesie then to have a good recovery thereof it is meet that such tenant make a conditionall surrender of his estate to him in the reversion or remainder to the end he may be a present Tenant of the inheritance and then to bring the Writ of entry against him and after that the recovery is executed the particular tenant for breach of the condition may enter and enjoy his Term notwithstanding such surrender In a recovery with a single voucher are included two Recoveries viz. one at the sute of the demandant against the Tenant and another at the sute of the tenant against the vouchee And if it be with a double voucher there are incuded in it three recoveries one by the demandant against the Tenant one other by the tenant against the vouchee and the third by the first vouchee against the second vouchee And in a recovery with a treble voucher are included 4. recoveries whereof three are such as were last mencioned the fourth is a recovery by the second vouchee against the third and in these recoveries the demandant hath judgement to recover the Land against the tenant and the tenant hath likewise Judgement to recover in value against the vouchee and if it be with a double voucher the first voucher hath also the like Judgement to recover in value against the second and if it be with a treble voucher the second vouchee hath the like Judgement against the third And the record also maketh mention of the execution of the Judgement against the tenant by Entry or a Writ of Habere fac seisinam accordingly And when such Recovery is so executed the uses agreed upon do forthwith arise out of the Lands Tenements c. so recovered according to the mutuall agreement of the parties The scope of a common Recovery with a single voucher is to bar the tenant and his Heirs of such only estate tail which then is in him to bar others of such estates as they have of any reversion expectant or remainder dependant upon the same And of all Leases and incumbrances derived out of such reversions or remainders The scope of a Common Recovery with a double voucher is to bar the first voucher and his Heirs of every such estate as at any time was in the same voucher or any of his Ancestors whose Heir he is of such estate and all other persons of such right to a reversion or remainder as were thereupon at any time expectant or dependant and of all Leases Charges and incumbrances derived out of any such reversion or remainder and that will be also a perpetual bar of such estate whereof the tenant was then seised of in reversion or remainder expectant or dependant upon the same c. The scope of a common recovery with a treble voucher is to make a perpetuall bar of the estates of the tenant and of every such estate of inheritance
life with Remainders in tail dividing the Lands 91 A Fine to entail Lands to the heirs of one deceased 92 A Grant by a Duke and his wife as in the right of his wife to the Cognisee for life of the Tenant for life with Warranty a Render to the Cognisor for the Wives life to convey her Title to her Husband 93 A Concord of a moyety of divers things in Possession and a Reversion in Fee 94 A Grant of Lands by Fine to two who render to the Cognisor in tail and for default of such issue to R. T. in general tail the remainder to another and his heirs for ever 97 A Grant of Lands in tail to be holden of the Grant or in soccage 98 A Grant of Lands in tail to be holden of the Grantor by suit of Court 6 s. rent 99 〈◊〉 â—â—ne of Knights Service Castle-Gard and Murage upon a Writ of Customes and Services 100 A fine of a Mannor in possession and other lands in Reversion 101 A fine of Lands part in possession and part in reversion with a Render again to the Cognisors and their heirs 102 A fine of the reversion of a Rent 104 Another of the same 105 A fine of Rent Service 106 A fine where the Husband and the Wife sell the Wives Joynture or Dower absolurely to him in the reversion 107 Tenant for term of life maketh a Lease reserving a Rent during her life 108 A fine of a Reversion 109 A fine in Fee farm of a Rent granted out of a Mannor only 110 A fine of several Rents granted out of a Mannor 111 A fine of a Rent with a Nomine poene for non-payment c. 112 A fine in Fee farm yeelding a Rent with a Distresse 114 A fine in Fee farm rendring a Rent sute of Court and Herriot after decease recease and alienation 115 A fine in Fee farm rendring a Rent with a Nomine poene for default of payment 117 A fine by the Husband and the Wife to the Husband and Wife with a Render 118 A Writ of Covenant that was for the King for the Tirh Corn of a Parish and the manner of the endorsement thereof used by his Atturney general 120 A fine with Warranty against all men 121 A fine by the Husband and Wife and the Cognisee by the same fine granteth and rendreth back again the premises to the said Conusors to the heirs of the Husband one of the said Conusors for ever 122 A fine of one Messuage c. and the same Conusors for them and the heirs of Io. Do. warrant 2 parts of the premises in 3 parts divided to the Conusee and his heirs against all men for ever 123 A fine with Warranty against all men and the Cognisees by the same fine render parcel of the Premises for one month with divers limitations c. 124 A fine of c. and the Cognisees do grant and render all Mines of Coles in a Close parcel of the premises c. 128 A fine of the third part of one Messuage c. with a general Warranty And the Cognisees do Grant and Render the same to one of the Cognisors for years in reversion c. 129 A fine with a Grant of a yearly rent 132 A fine of a Messuage c. Rent Parsonage the Advowson of a Viccaradge with Warranty c. 134 A fine with two several Warranties 135 A fine of a Mannor c. with general Warranty 136 A Fine within the County of Chester c. 137 A fine knowledged before the Justices of Chester 140 A fine by an Earl and his Wife 141 A fine by the Husband and Wife and a third person c. 142 A fine by two to one with general Warranty 145 A fine by the Husband and Wife and divers others c. 145 A fine of four Messuages c. with Warranty 146 A fine by two Husbands and their Wives 147 A fine by the Husband and his Wife to a Man and his Wife 148 A fine by an Earl and his Wife of a Rent c. 149 A fine by the Husband and Wife for term of years 150 A fine by the Husband Wife with Warranty in consideration the Cognisee granteth a Rent c 152 A fine of the third part of a tent with a general Warranty 154 A fine of the third part of 34 acres of Meadow by these words viz. concesserunt reddiderunt c. 155 A fine by one to the Queens Atturney c. 155 A fine by a Widdow to the President and Schollars of a Colledge c. 157 A fine by two and the VVife of one of them c. 158 A fine with general VVarranty 159 A fine of a reversion 160 A fine by Husband and VVife to one with a general VVarranty 161 Of the Order of taking the knowledge of a fine by Dedimu potestatem and the certifying thereof 162 A fine of one Messuage of a Remainder 163 A fine by Husband and VVife of two Messuages c. with general VVarranty 164 A fine knowledged before the Justices of the Common pleas at Westminster with general VVarranty 165 A fine with VVarranty against the Conusor and his heirs 166 A fine as it is ingrossed of Record 167 Of the nine Proclamations 168 A fine with general VVarranty for years rendring a red Rose c. 168 A fine for liâ—es and aftâ—r in Fee 170 A fine of a Rent issuing out c. with general VVarranty 171 A fine with general VVarranty of an annuity with Nomine poeâ—e 172 A fine in tail general to hold by the 40th part of a Knights â—ee and by rent with general VVarranty 174 A fine with VVarranty during life 175 A fine for life and after in fee. 176 Of the taking of the knowledge of a Fine 177 A fine with divers remainders 178 Of Adjuncts of Concords 180 A Licence to alien in Mortmain 183 Quod permittat finem levari 184 The Writ of quod damnum 185 Of a pardon for alienation 186 Of the Dedimus potestatem to take the cognisance of a fine 189 190 The Dedimus Potestatom thereof 191. The Precipe and Concord 193. A Dedimus Potestatem upon a writ of Customes and services 195. Of the Kings Silver 196. Of observation at the knowledge of fines 197. How and when Cognisances of Fines may be certified and what may hinder the â—ame 199 Of the Inrolment of Writs of Covenant Dâ—d Potest and knowledges thereupon called the foot of the fine 202 Of the note of the fine 203 Quid juris clamat 204 VVhat persons may obtain atturnment by Quid Juris clamat and what nor 205 VVhat persons be compellable to arturn by Quid juris clamat and what not 206 What places will barr the Plaint of Atturnment 210 A Table to the latter Part. VVHat processe lye in a Quid juris clamat 1. The writ of summons in Quid juris clamat 3. The Distress in Quid juris clamat 4. Tenant may atturn for