parties to these presents And the said A. B. for himself his Heirs Executors and Administrators doth covenant grant and agree to and with the said C. D. and E. F and either of them their or either of their Heirs Executors and Administrators by these presents that he the said A. B. shall and will at the next Assizes or general great Sessions for Pleas to be holden at Lancaster before the Justice or Justices of our Soveraign Lord the King there for the time being levie and acknowledg one Fine Sur cognizance de droit come ceo c. with Proclamations thereupon to be had in due form of Law unto the said C. D. and E. F. and their Heirs of and in all and singular those Several Mossuages or Tenements c. by the name of three Messuages two Gardens two Acres of Land twenty Acres of Meadow and fourty Acres of Pasture with the Appurtenances in B. in the County of Lancaster aforesaid c. 5. This Indenture made c. Between A. B. on To levie Fines in the Counties of Chester and Lancaster the one part and C. D. on the other part Witnesseth That the said A. B. for divers good causes and considerations him hereunto moving hath covenanted granted and agreed and by these presents doth for him his Heirs Executors and Administrators covenant grant and agree to and with the said C. D. his Heirs Executors and Administrators by these presents That he the said A. B. shall and will before the Feast of c. next ensuing the Date of these presents in due form of Law acknowledg and levie two or more Fines sur cognizance de droit come ceo c. with proclamations within the Counties Palatine of Chester and Lancaster before the Kings Majesties Justices of Assize or before some other Person or Persons in that behalf lawfully and sufficiently authorized unto him the said C. D. and his Heirs of all that c. The one part being in the County of Chester the other in the County of Lancaster by such Name or Names Qualities Quantities and Numbers of Acres as by the said C. D. or his Counsel Learned in the Law shall be reasonably advised or required c. 6. This Indenture c. Between A. B. of the To levle a Fine in a Court of Ancient Demesne one part and C. D. of the other part Whereas the said A. B. is the Day of the Date of these presents lawfully seized of an Estate of Inheritance to him and the Heirs Males of his body of and in divers Messuages Lands Tenements and Hereditaments within the Liberty of H. at B. in the County of E. hereafter in these presents particularly mentioned Now witnesseth these presents that the said A. B. for divers good Causes and Considerations him hereunto especially moving and for the settling c. doth for himself and his Heirs covenant grant and agree to and with the said C. D. his Heirs Executors and Administrators by these presentâ— That he the said A. B. at his own proper Cost and Charges shall and will in due form of Law before the Feast of c. next ensuing the Date of these presents acknowledg and levie one Fine in the Court of Ancient Demesne within the said Liberty of H. at B. according to the course and common usage for levying of Fines for Lands and Hereditaments within the said Liberty unto the said C. D. of all those Messuages Lands c. by the Name of three Messuages three Gardens fourty Acres of Land c. in H. at B. aforesaid or by such other Name or Names as shall be thought meet c. 7. This Indenture c. Between A. B. and E. To levie a Fine with a Render of an Estate for Years his wife on the one part and C. D. on the other part Witnesseth That for divers gâ—od causes and considerations it is covenanted granted concluded and agreed by and between the said Parties to these presents for them their Heirs Executors and Administrators that before the end of Trinity Term now next ensuing at the Cost and Charges of the said C. D. his Executors and Administrators one Fine with Proclamations in due from of Law shall be levied and acknowledged between the said Parties to these presents in manner and form following of one Messuage with the Appurtenances in the Parish of c. and two other Messuages c. in and by which said Fine the said C. D. shall remise release and quitclame from the said C. D. and his Heirs unto the said A. B. and E. his wife and the Heirs of the said A. B. all his Right Title Estate and Interest of in and to the aforesaid Messuages and other the Premises with the Appurtenances for which Remise Release and Quitclame the said A. B. and E. his wife shall by the said Fine Render the said The Render Messuages and Premises with the Appurtenances unto the said C. D. his Executors Administrators and Assigns to have and to hold the same unto the said C. D. his Executors Administrators and Assignes from the Feast of the Nativity of St. John the Baptist next ensuing the Date hereof for during and until the full end and term of One and Twenty years from thence next ensuing and fully to be compleate and ended Yielding and paying therefore yearly and every year unto the said A. B. and E. his wife their Heirs Executors and Assigns respectively during the said term the yearly Rent or Sum of Five pounds of lawful Moneys of England at Four the most usual Feasts in the year that is to say c. or within thirty Days after either of the said Feasts with Several Covenants to be added as is usual in I eases 8. This Indenture c. Between A. B. and E. Another with a Render of a Rent his wife on the one part and C. D. on the other part Witnesseth That for divers good Gauses and Considerations it is covenanted granted concluded and agreed by and between the said parties to these presents for them their Heirs Executors and Administrators that before the end of Trinity Term now next coming at the Cost and Charges of the said C. D. hiâ— Executors and Administrators One Fine with Proclamations in due form of Law shall be levied of certain Messuages c. levied and acknowledged by and between the said parties to these presents by the Names of c. in and by which said Fine the said C. D. shall remise release and quitclame from the said C. D. and his Heirs unto the said A. B. and E. his wife and the Heirs of the said A. B. all his Right Title Estate and Interest of in and to the aforesaid Messuages and other the Premises with the Appurtenances For which Remise Release and Quitclaim the said The Render A. B. and E. his wife shall by the said Fine grant and render unto the said C. D. his Executors Administrators and Assigns one Annuity or yearly Rent
quando c. Et dic quod predictus Hugo non disseisivit prefatum Thomam Thompson Richardum de Tenementis Communia predictis cum pertin prout iidem Thomas Richardus per breve narrationem sua predicta superius suppon Et de hoc pon se super patriam c. Et predict Thomas Thompson Richardus pet licentiam inde interloquend Et habent c. Et postea iidem Thomas Thompson Richardus reven hic in Curia isto eodem Termino in propriis personis suis Et predictus Georgius licet solempniter exact non reven set in Contemptum Curie recessit Et defalt fac Ideo consideratum est quod predicti Thomas Thompson Richardus Recuperent seisinam suam versus prefat Henricum Georgium Thomam Hesletyne de Tenementis Communia predictis cum pertin Et quod iidem Henricus Georgius Thomas Hesletyne habeant de terra predicti Roberti ad valentiam c. Et quod idem Robertus ulterius habeat de Terra predicti Georgii Ad valentiam c. Et idem Georgius in misericordia c. Et super hoc predicti Thomas Thompson Richardus pet breve domini Regis Vic. Com. predicti dirigend de habere faciend eis plenariam seisinam de Tenementis Communia predictis cum pertin Et eis conceditur Seizen awarded returnable Indilate retornabile hic indilatè Postea scilicet vicesimo Octavo die Novembris isto eodem Termino ven hic in Curia predicti Thomas Thompson Richardus in propriis personis suis Et Vic. videlicet Robertus Walters Armiger modo Mand. quod ipse Virtute brevis illius sibi directi Vicâ—simo sexâ—o die Novembris ult preterito habere fecit prefatis Thome Thompson Richardo plenariam seisinam de Tenementis Communia predictiis cum pertin prout per breve illud sibi preceptum fuit c. Mich. xijâ— Caroli Secundi Regis rot 187. ALias prout patet Termino S. Trinitaiis ult preterito Rotulo xij Continetur sic York ss WIlliam Sympson Gent. in his proper Entry of a Recovery by Alias prout patet after Summons for Lands in two Towns where two are Vouched one for Lands in one Town and the other for Lands lying in another Town person demandeth against William Savage and William Birley one Mesuage thirteen acres of Land four acres of Meadow thirteen acres of Pasture and Common of Pasture with th' appurtenances in Sheffeild in Brightside as his right and Inheritance and into which the said William Savage and William Birley have not Entry but after the disseisin which Hugh Hunt thereof injustly and without Iudgment made to the said William Simpson within thirty years c. And whereupon they say That they were seized of the Tenements and Common aforesaid with th' appurtenances in their Demesne as of Fee and Right in the time of peace in the time of the now Lord the King Taking the profits thereof to the value c. And into which c. And thereof he bringeth Suit c. And the said William Savage and William Birley by William Lambe their Attorney come and defend their Right when c. And as to one Mesuage ten acres of Land two acres of Meadow and ten acres of Pasture and Common of Pasture with th' appurtenances in Brightside parcel of the Tenements and Common aforesaid above-demanded Vouch to Warrant James Rawson and as to three acres of Land two acres of Meadow and three acres of Pasture and Common of Pasture with th' appurtenances in Sheffeild residue of the said Tenements and Common above-demanded the said William Savage and William Birley Vouch to warrant Richard Burrows and Mary his wife to be Summoned respectively in the County aforesaid Let them have them here from the day of Saint Michael in one Month by the Aide of the Court c. the same day is given to the Parties aforesaid here c. Et modo hic ad hunc diem scilicet ad predictum Mensem S. Michaelis ven tam predictus Willielmus Sympson in propria persona suâ— quam predicti Willielmus Savage Willielmus Birley per Attorn suum predictum Et predictus Jacobus Sum. c. per Williel Crashaw The first Vouchee warants one part in one Town Attorn suum Et predicti Richardus Maria Sum. c. per Johannem Bellamy Attorn suum similiter ven Et predictus Jacobus gratis Tenementa Communiam predicta cum pertin in Brightside predicta de tenementis Communia predictis cum pertin superius petit unde ipse superius vocabatur ad War eisdem Willielmo Savage Willielmo Birley War c. Et super hoc predictus Willielmus Sympson pet versus ipsum Jacobum Tenen per War suam eadem Tenementa Communiam cum pertin in Brightside predicta in forma predicta c. Et unde dic quod ipsemet fuit seifitus de eisdem Tenementis Communia cum pertin in Brightside predicta in dominico suo ut de feodo jure tempore pacis tempore domini Regis nunc Capiend inde exples Ad valentiam c. Et in que c. Et inde produc sectam c. Et predicti Richardus Maria gratis Tenementa The second Vouchee warants another part in another Town Communiam predicta cum pertin in Sheffield predicta de Tenementis Communia predictis cum pertin superius petit resid unde ipsi superius vocabantur ad War eisdem Willielmo Savage Willielmo Birley War c. Et super hoc predictus Willielmus Sympson pet versus ipsos Richardum Mariam Tenen per War suam eadem Tenementa Communiam cum pertin in Sheffield predicta in forma predicta c. Et unde dic quod ipsemet fuit seisitus de eisdem Tenementis Communia cum pertin in Sheffield predicta in dominico suo ut de feodo jure tempore pacis tempore domini Regis nunc Capiend inde Exples Ad valentiam c. Et in que c. Et inde produc sectam c. Et predictus Jacobus Tenens per War suam de Several Demands against the Common Vouchee for two parts eisdem Tenementis Communia cum pertin in Brightside predicta de Tenementis Communia predictis cum pertin superius petit unde ipse superius vocabatur ad War defend jus suum quando c. Et ulterius voc inde ad War Georgium Humston qui similiter presens est hic in Cur. in propria persona sua Et gratis eadem Tenementa Communiam cum pertin in Brightside predicta ei War c. Et super hoc predictus Willielmus Sympson petit versus ipsum Georgium Tenen per War suam eadem Tenementa Communiam cum pertin in Brightside predicta in forma predicta c. Et unde dic quod ipsemet fuit seisitus de eisdem Tenementis
of F. Another for a Mannor lying and being in the Parish of F. with the rights members and appurtenances thereof or thereunto belonging in F. aforesaid in the County of M. And all and singular Rents Reversions Services Courts and perquisites of Courts views of Franck-pledge Priviledges Franchises Iurisdictions Royalties Liberties Profits and Commodities and Hereditaments whatsoever to the said Mannor and other the Premisses belonging or in any wise appertaining scituate and being growing arising and renewing within the Parish of F. aforesaid in the County of M. And all that An Advowson Advowson Donation Nomination Presentation free disposition and right of Patronage of the Parish Church of F. aforesaid 3. All that Messuage or Tenement with A Messuage Lands Th' appurtenances commonly called or known by the Name of B. and all Out-houses Barns Stables Buildings Yards Backsides Orchards Gardens Curtilages and Appurtenances whatsoever thereunto belonging scituate and being in the Parish of C. in the County of M. And also all and singular those several Closes or parcels of Land Meadow Pasture and Arable hereafter particularly mentioned that is to say One Close or parcel of Pasture Ground called or known by the Name of D. Close containing by estimation twenty Acres or thereabouts be the same more or less c. and s 〈…〉 e other Closes with their Names and conâ—ents of Actes and also put down the abutments of them in case they be dispersed or intermingled with other Lands All which said Closes or parcels of Land do lie together neer unto the said Messuage or Tenement and are belonging to or have been usually letten or occupyed together with the same and are scituate lying and being in the Parish of C. aforesaid and now are or late were in the tenure or occupation of G. H. his Assigns or under-Tenants And all and singular Waies Easements Water-courses Fishings Ponds Commons Common of Pasture Heath Turbary Woods Vnderwoods Profits and Commodities whatsoever with their and every of their Appurtenances to the said Messuage or Tenement and Premisses belonging or appertaining or reputed to belong thereunto or used or letten together with the same 4. All that Messuage or Tenement with A Messuage in London Th' appurtenances scituate and being in or near Fleetstreet in the Parish of St. Dunstans in the West London commonly called or known by the sign of the Mirmaid now in the tenure or occupation of G. H. his Assigns or under-Tenants Together with all and singular Shops Cellars Sollers Chambers Rooms Entries Waies Passages Yards Backsides Edifices Buildings Gutters Water-courses Easements Profits Commodities and Appuâ—teaances whatsoever to the said Messuage or Tenement belonging or in any wise appertaining or therewith used occupyed or enjoyed or accepted reputed or taken as part parcel or member thereof 5. All that great Messuage or Inne commonly An Innâ— called or known by the Name or Sign of the George scituate and being in a Street called B. Street in the Parish of C. London together with all Cellars Sollers Rooms Chambers Stables Haylofts Waies Passages Courts Yards Lights Windows Water-courses Racks Planks Mangers and all other Apurtenances whatsoever to the said Messuage or Tenement belonging or in any wise appertaining or therewith used occupyed or enjoyed or reputed or taken as part parcel or member thereof which said Messuage or Inne is now in the tenure or occupation of A. B. Inne-holder his Assigns or Vnder-Tenants 6. All that his Messuage or Tenement A Brew-house and Brewhouse scituate and being in a Street called B. Street in the Parish of c. London with all the Stables Edifices Buildings Waies Passages Lights Water-courses Profits Commodities and Appurtenances whatsoever thereunto belonging or therewithall now used occupyed or enjoyed And also All and singular those Vessels Furnaces Coppers and other Vtensâ—â—s whatsoever to the said Brewhouse belonging and now used together with the same being in a Schedule hereunto annexed particularly mentioned 7. All that his Water-grist Miln and A Water-grist Miln Milns being two grist Milns under one Roof commonly called or known by the name of B. Miln or Milns with the Appurtenances scituate and being in the Parish of c. sometimes in the tenure or occupation of one A. B. and now or late in the tenure or occupation of C. D. or his Assigns or Vnder Tenants and all that parcel of ground on part whereof the said Milns now stand containing by estimation one Acre or thereabouts be the same more or less And also all that the The Suit to the Milns Suit of and to the said Milns as well customary as conventionary of all the Tenants of the Mannor of S. in the said County and all the Toll and Custom for grinding of all the Corn and Grain of the said Tenants and also all and singular Head-Wares and Miln-Ponds and the soyl thereof to the said Miln or Milns belonging or appertaining And all and singular Miln-Pools Miln-Dams Stanks Banks Ponds Streams waters Water-courses Rivers Fishings Fishing places wayes Paths Passages Easements Profits Commodities Advantages Emoluments and Appurtenances to the said Miln or Milns and other the Premisses or any of them or any part or parcel thereof belonging or appertaining or with the same now or at any time heretofore used occupied or enjoyed 8. All that his Water-grist Miln commonly Another called or known by the name of B. Miln scituate and being in the Parish of C. in the County of D. And all that parcel of ground on part whereof the said Miln now standeth And also all and singular Miln-Ponds Miln-Dams Banks Streams Water-courses Wayes Easements Profits Advantages Commodities and Appurtenances whatsoever to the said Miln and Premisses belonging or appertaining now in the tenure or occupation of A. B. his Assigns or Vnder Tenants 9. All that the Prebend of B. in the A. Prebend County of C. with all and singular the Rights Members and Appurtenances thereof And also the Advowson Gift Presentation Collation and right of Patronage of the said Prebend which said Prebend one A. B. formerly had to him and his Heirs for ever of the Gift and Grant of the late King James and by mean Conveyances is since come unto the said C. B. And all and singular Messuages Houses Buildings Lands Tenements Rents Reversions Services Woods Vnderwoods Parsonages Chappels Advowsons Gleab-Lands Tithes Oblations Obventions Pensions Portions Fruits Profits Commodities Emoluments and Hereditaments whatsoever with their Appurtenances as well spiritual as temporal of what nature or kind soever the same be or by whatsoever name or names they be called or known set lying and being coming growing or renewing in the Towns Fields Parishes or Hamblets of J. and S. in the said County of C. 10. All that the Rectory or Parsonage of C. A Rectory aforesaid and all and singular Houses Edifices Buildings Barns Stables Lands Tenements Wayes Passages Wastes Commons Tithes of Corn Grain Hay Wool Flax Hemp and all other Tithes whatsoever as well
c. 5. True Reading or declaring to a blind or illiterate Person if required 6. Sealing and Delivery by the maker or his Authority Absolutely and positively to or to the use of the Party or Conditional and as an Escrow to another 7. To an honest end and not by unlawful Contract or made by Force or Fraud 8. Due Ceremony as Attornment Livery of Seisin Intolment A Deed when well made read sealed and delivered may be void or voidable when got by Force Fraud Corrupt agreement Or may be mar'd by Rasure Interlining Addition Breaking the Seal Defacing Judgment of Court c. Arcana Clericalia OR The Mysteries of Clerkship Containing the Forms of Settlement of Estates to uses with power to make Joyntures Leases Grants c. The First Part. CHAP. I. Some Observations taken out of our late Reports and Books touching the Law of Conveyances in general 1. A Bargains and sells to B. a Mannor Fine joyned with other assurances extinguisheth not a condition c. and Covenants to suffer a Recovery and levie a Fine for better assurance of the Mannor and that all Estates assurances and conveyances after to be made of the said Mannor should be to the uses in the said Indenture c. And in the said Indenture there is a Proviso that B. the Bargainee shall do such an Act c. And it was resolved that this Proviso amounts to a condition in Law to defeat the whole Estate and although A. and B. after levied a Fine to a third Person in reference to the Covenant aforesaid yet it was resolved that the Fine did not extinguish the said condition for it was as an assurance and was to be guided by the Indenture Cook lib. 2. 72 73. Lord Cromwels case vide Dyer 157. pag. 28 29 30. 2. Also it was resolved in the said Cromwells case Several conveyances c. do make but one assurance in Law fo 75. a. that the said bargain and sale and Recoverie and Fine although made suffered and levied at several times do make but one assurance in Law of the Mannor according to the same original bargain and contract and every of them tend to perfect the said Bargain and Sale and none of them to destroy any part of it or to subvert the true intent of the Parties As if a man makes a Lease for life of Lands in several Counties and first makes livery in one County and divers daies after maketh livery in another County yet the Rent reserved upon the Lease shall issue out of the Lands in both Counties although the livery by which the estate passed was made at several times And therefore it might be objected that presently upon the first livery the Rent should issue out of it but the Law shall not judge by parcels in subverting of the intent and agreement of the Parties but after all the Acts are done in performance of the original contract and agreement of the Parties the Law shall adjudge upon all as executed at the same time So if one make a deed of Feoffment with warranty and deliver the deed to the Feoffee and after at another time maketh livery secundum formam Charta yet the warranty is good although when the deed was delivered no estate passed to which the warranty might be annexed yet notwithstanding praxis juris pâ—â—storum is to be observed Et qui rationem in omnibus quarunt raâ—ionem subvertunt Cook l. 2. 75. a. Conveyances to be so construed that they may take effect 3. A Conveyance shall have such construction that it may take effect ut res magis valeat quà m pereat If Tenant for life and he in Remainder or Reversion joyn in a Feoffment by deed each one of them passeth his estate viz. the Lessee for life his estate by the livery and the Fee-simple moveth or passeth from him in Remainder or Reversion but if the Feoffment had been by Paroll then it should have been the Feoffment of him in Remainder or Reversion and a surrender of the Lessee for life for otherwise nothing should pass by Paroll Cook lib. 2. Fine works to corroborate a former estates and makes no discontinuance fol. 15. 4. Tenent in Tail by deed inrolled bargains and sells an house to another and his heirs and after the Tenant in Tail levies a Fine with Proclamations to the Bargainee of the same house Resolved 1. That by the Indenture of bargain and sale inrolled the Bargainee had an Estate descendible to his heirs but it was determinable by the death of the Tenant in Tail 2. Resolved that the Fine here levied to the Bargainee doth not make a Discontinuance of the Remainder in Tail nor doth any Estate of Free-hold pass by the Fine but only the Fine with the Proclamations doth corroborate the Estate of the Bargainee and the Stat. of 4 H. 7 chap. 24. and 32 H. 8. cap. 36. makes his Estate more perdurable being after the Fine determinable only upon the death of Tenant in Tail without issue but if the Fine had been levied before the bargain and sale inrolled it had been a discontinuance but in the case before it was not because it operated only upon the Estate which passed precedent Cook lib. 10. fol. 96. Edward Seymors case 5. Nota a diversity when a man hath two wayes Two waies to pass an Estate hoâ— taken to pass Lands and both of them by the Common-law and intends to pass them by one of those wayes yet ut res magiâ— valcat it shall pass by the other As if a man be seized of two Acres of Land in Fee and lettath one of them for Years and makes a Charter of Feoffment of both and maketh livery only of the Acre in possession in the name of both only the. Acre in possession passeth but if the lessee for years after doth attorne then both shall pass because he is by the common Law in the Per as to both but when a man may pass Lands either by the common Law or by raising of a use and setling of it by the Statute there in many cases it is otherwise As if the Father makes a Charter of Feoffment to the Son and a letâ—er of Attorney to make livery if no livery be made no use shall arise unto the Son because then he should be in by the Statute in another degree viz. in the Post and the intention of the Parties is much in the raising of uses Cook upon Lit. 49. a. 6. One sells unto another certain Lands by Acts done for further assurance referre to the Original agreement deed indented upon condition of Reentry upon non-payment of 20 l. and that all assurances shall then be to him and his heirs and Covenants to make other assurances and that they shall be to the use in the Indenture afterwards he makes a Feoffment to the same bargainee to the use of him and his heirs and afterwards levies a Fine to him which was to the uses in
wife who shall likewise appear gratis and vouch to warranty the common Vouchee who shall also appear imparle and make default whereby a perfect Judgment may be had and given against the said C. D. and E. F. and for the said C. D. and E. F. to recover aganst the said A. B. and E. his wife and for the said A. B. and E. his wife to recover in value against the common Vouchee So that a good and perfect Recovery may be had with double Voucher and execution be had and made thereof c. 12. This Indenture c. Between A. B. of the An other with double Voucher the Tenent of the precipe being before made by Deed c. vide Sect. 13. first part C. D. of the second part and G. H. of of the third part Witnesseth that for divers good causes and consideration c. It is covenanted granted and agreed by and between the said Parties to these presents in manner and form following That the said G. H. shall on this side and before the Feast of c. next ensuing the Date of these presents purchase and sue forth out of the High Court of Chancery one original Writ of entry sur disseisin en le post against the said C. D. returnable before the Justices of his Majesties Court of Common Pleas at Westminster at a Time certain in the said Writ to be mentioned And by the said Writ shall demand against the said C. D. all that the Messuage and Lands c. Setting forth the particulars and where they lye By such names qualities and numbers of Acres as by the said G. H. and his Council Learned in the Law shall be devised advised or required Unto which said Writ the said C. D. shall appear gratis and take upon him the Tenancy of all and every the said Messuage Lands and other the Premises with the Appurtenances and shall vouch to warranty the said A. B. who shall appear gratis and vouch to warranty the common Vouchee who shall likewise appear gratis and enter into the warranty and after imparle and make default in contempt of the Court so that Judgment shall be given that the said G. H. shall recover the said Messuages Lands and Premises in the said Writ to be contained against the said C. D. and that the said C. D. shall recover over in value against the said common Vouchee And that execution of the said Recovery so to be had shall be made according to the form of common Recoveries in such cases used and accustomed And that the said G. H. C. D. and A. B. and the said common Vouchee and every of them shall and will do execute perform and suffer all and every such Act and Acts thing and things whatsoever as as shall be necessary and expedient for the prosecution of the said Recovery and the execution thereof according to the form and Order of common Recoveries with double Vouchers in such cases used c. 13. This Indenture c. Between A. B. of To make a Tenent to a Precipe by barg sale the one part and C. D. of the other part Witnesseth That the said A. B. for and in consideration of 5s of lawful Money of England to him in hand paid before the sealing and delivery hereof by the said C. D. the receipt whereof the said A B. doth acknowledg And to the end and purpose that the said C. D. may be made a perfect Tenent to a Precipe against whom a common Recovery may be had of the Mannor and Lands hereafter mentioned Hath granted bargained and sold and by these presents doth for him and his Heirs grant bargain and sell unto the said C. D. and his Heirs all that the said Mannor c. To have and to hold the said Mannor Lands and Premises and every part or parcel thereof unto him the said C. D. his Heirs and Assigns for ever to the only use and behoof of the said C. D. his Heirs and Assigns for evermore 14. This Indenture c. Between A. B. of To suffer a Recovery with the recital of the said former deed with double Voucher the first part C. D. of the second part and E. F. on the third part Whereas the said A. B. hath by his Indenture of bargain and sale bearing Date the c. last past before the Date hereof for the consideration therein exprest granted bargained and sold unto the said C. D. and his Heirs all that the Mannor c. to the end of the Habendum which said bargain and sale was made to him the said C. D. and his Heirs to and for the only use intent and purpose that the said C. D. should be sole Tenent of the Premises to a Precipe against whom the Recovery hereafter mentioned might be had in manner and form following Now Witnesseth this present Indenture And it is covenanted concluded and ageed by and between all the said Parties to these presents for the â—selves respectively and their Heirs That before the end of the Term of the Holy Trinity next enâ—uing the Date hereof there shall be at the only cost and chaâ—gâ—s of the said E. F. more brief one Recovery in the nature of a common Recovery for Lands Tenements and Hereditaments in such caâ—es used and accustomed had and executed of the said Mannor c. in his Majesties Court of Common Pleas usually held at Westminster by and in the name of the said E. F. demaâ—dant against the said C. D. Tenent of the said Mannor c. with the appurtenantes who shall vouch to warranty the said A. B. who being vouched shall appear gratiâ— and vouch to warranty the common Vouchee who shall appear gratis and shall enter into the warranty and afterwards make default to the end that a perfect common Recovery shall and may be of the said Mannor Messuages and Lands with the Appurtenances had and prosecuted in all things according to the usual order and form of common Recoveries for assurance of Lands Tenements and Hereditaments in such cases used and accustomed 15. This Indenture c. Between A. B. of To suffer a Recovery of Lands in sevâ—ral Coâ—nties bâ— several Writs with double Voucher the first part C. D. of the second part and E. F. of the third part Witnesseth That it is covenanted granted and concluded by and between the said Parties to these presents in manner and form following That is to say that the said C. D. †Note he is made Tenent to the Precipe by a former Deed. shall before the Feast of c. now next ensuing the Date hereof suffer the said E. F. to pursue three of the Kings Majesties Writs of entry sur disseisin en le post against the said C. D. before his Majesties Justices of the Common Pleas at Westminster By one of which said Writs of entry the said E. F. shall demand against the said C. D. all that Mannor c. in the County of M. And by
Premises with the Appurtenances by such names and quantities of Acres as in the said Fine shall be expressed or by any other name or names and quantities of Acres as shall be thought fit scituate and being within the said Liberty of H. at B. Unto which Writ or Writs the said C. D. shall appear and shall vouch to warranty the said A. B. And the said A. B. shall also appear upon the said Voucher in the said Court and shall vouch to warranty the common Vouchee who shall appear and imparle and afterwards make default whereby a perfect Judgment may be had and given for the said demandant in the said Writ against the said C. D. for the Recovery of the said Messuages Lands and Premises and that he the said C. D. shall recover over in value against the said A. B. and that the said A. B. shall recover over in value against the said common Vouchee after and according to the course of common Recoveries in such cases used in the Court of the said Liberty of H. at B. Or thus Unto which Writ or Writs the said C. D. shall appear in his proper Person or by his Attorney or Attornies lawfully and sufficiently authorized and shall vouch to warranty the said A. B. and that the said A. B. shall appear upon the said Voucher in the said Court in his proper Person or by his Attorney or Attornies lawfully authorised in that behalf and shall vouch to warranty the common Vouchee who shall appear and imparle and afterwards make default c. ut supra 22. This Indenture made c. Between A. B. on the one part and C. D. on the other part To sufferâ—d Recovery in a Court Baron Witnesseth That it is covenanted granted concluded and agreed by and between the said Parties to these presents That the said A. B. before the c. next ensuing the Date hereof shall permit and suffer the said C. D. to affirm and pursue against the said A. B. in the Court Baron of the Mannor of L. in the County of M. one plaint in the nature of a Writ of entry sur disseisin en le post of all and singular that his Messuage and twenty Acres of Meadow with the Appurtenances adjoyning thereunto abbutting c. scituate lying and being within the said Mannor of L. which said Messuage the said A. B. late had in Remainder of the said surrender of C. B. his Father by the name of c. prout en le Copie as by the Courâ— Roll of the General Court of the said Mannor holden at H. on the twenty seventh Day of c. last past before the Date hereof amongst other things more fully it doth and may appear And that the said Plaint shall be affirmed entred and pursued of all and every the Premises with the Appurtenances in H. within the Jurisdiction of the Court of the said Mannor of H. To and upon which Plaint to be affirmed and entred as aforesaid he the said A. B. shall appear in his own proper Person or by his Attorney lawfully authorised in that behalf and shall make his defence thereunto according to Law and vouch to warranty of and for the Premises one I. M. who shall appear and enâ—er into the warranty and after make default according to the manner and form of common Recoveries in Writs of entry sur disscisin en le post whereby the said C. D. shall have Judgment to Recover the said Messuage and twenty Acres of Meadow and other the Premises against the said A. B. and the said A. B. to recover ovâ—r in value against the said I. M. according to the manner and form of common Recoveries for Lands and Tenements Which said Recovery the said A. B. shall suffer to be executed by precept or warrant out of the said Court in the nature of a Writ of haberâ— facseifinam according to the order or manner of the common Law And it is further covenanted granted concluded and agreed by and between the said Parties that the said Recovery and the Estate of the Premises to be had obtained and recovered thereby or by reason thereof shall be to the â—se of the said C. D. his Heirs and Assigns for ever according to the custom of the said Mannor and to no other use intent or purpose whatsoever In Witness c. 23. This Indenture c. Between A. B. of Covenant to make assurance of Lands the one part and C. D. of the other part Witnesseth That the said A. B. for and in consideration of c. doth for him his Heirs Executors and Administrators covenant and grant to and with the said C. D. his Heirs and Assigns by these presents That he the said A. B. his Heirs or Assigns shall and will on this side and before the Feast of c. next ensuing the Date of these presents at and upon the reasonable request and cost and charges in the Law of the said C. D. his Heirs or Assigns by Fine or Fines with Proclamations in due form of Law to be levied Feeoffment or Feeoffmerts Recovery or Recoveries with single or double Voucher or Vouchers or by any such good and sufficient means conveyance or assurance in the Law as by the said C. D. his Heirs or Assigns or his or their Council learnad in the Law shall be in that behalf lawfully and reasonably devised or advised convey and assure or cause to be conveyed and assured unto the said C. D. his Heirs and Assigns All that Messuage c. and the Reversion and Reversions Remainder and Remainders thereof and of every part and parcel thereof with the Appurtenances as also all and singuler Deeds Evidences Escripts Munimens and Writings whatsoever touching or concening the said Messuage c. and Premises with the Appurtenances or any part or parcel thereof To have and to hold the said Messuage c. and other the Premises with the Appurtenances unto the said C. D. his Heirs and Assigns for ever And that the said Fine and Fines Recovery and Recoveries and the execution thereof as likewise all conveyances and assurances whatsoever to be had and made according to the tenor effect and true meaning of these presents shall be and enure and shall be construed reputed and taken to be and enure to the only use and behoof of the said C. D. his Heirs and Assigns and to no other use intent or purpose whatsoever With usual covenants from A. B. that he is lawfully seised of an Estate of Inheritance hath power to sell that C. D. shall enjoy free from Incumbrances and for further assurances In Witness c. 24. And the said A. B. for himself his Heirs Covenant that Tenents shall Attorn Executors and Admiâ—istrators doth covenant and grant to and with the said C. D. his Heirs and Assigns by these presents That all and every the now holders and occupiers of the Premises above said shall and will before the Feast of c. now next coming atturn
County of D. now or late in the tenure or occupation of c. and of in and to all and singular the Houses Edifices Buildings Lands Meadows Pastures Feedings and Hereditaments whatsoever with the Appurtenances to the said Capital Messuage or Tenement belonging or appertaining or therewithall now or heretofore usually occupied or enjoyed or accepted reputed or taken as part parcel or member thereof or appurtenant thereunto and the Revertion and Revertions Remainder and Remainders thereof to the Uses of the said C. B. Son and Heir apparent of the said A. B. and of D. B. Wife of the said C. B. for and during the Term of their natural Lives and of the Life of the longer Liver of them without impeachment of wast during the natural Life of the said C. B. 2. To the use of the said A. B. for and during To the Husband for Life and after to the Wife for a Joynture the Term of his natural Life without impeachment of or for any manner of wast and with full power to do or commit wast Or thus Without impeachment of wast only in and for Woods under Woods and Timber Trees standing growing or being or which at any Time hereafter shall stand grow or be in or upon the Premisses before mentioned or any part or parcel thereof And from and after the decease of the said A B. then to the use and behoof of the said E. his wife for and during the Term of her natural Life in the name of her Joynture and in full recompence and satisfaction of her Dower which she the said E. shall or may have out of or to the Lands Tenements or Hereditaments of the said A. B. in case she shall happen to survive the said A. B. Or thus In full Recompenre of her Dower and Title of Dower to or out of all the Mannor Lands Tenements and Hereditaments whereof the said A. B. had now hath or hereafter shall have during the coverâ—ure between him and the said A. B. any Estate of Inheritance 3. Provided alwaies and it is intended and Proviso to make void a Jointure upon claim of other Lands for Dower agreed by and between all the said Parties to these presents that if the said E. B. shall or do at any time or time hereafter from and after the decease of the said A. B. her Husband if she shall survive and over Live the said A. B. commence and prosecute or cause to be commenced and prosecuted any action or suit whatsoever for any Dower of out of or in any the Mannors Lands Tenements or Hereditaments whereof or wherein the said A. B. her Husband had any Estate of Inheritance during the coverture between him and the said E. and shall not hold her self satiâ—fied with the said Capital Messuage Lands Tenements and Hereditaments in or by these presents limited meant or intended to and for her Jointure and Dower that then and from thenceforth the use before limited to the said E. B. of in and unto the said Capital Messuage Lands and Tenements shall cease and be void And the said Recoveâ—ors and Cognizees and their Heirâ— or the Survivor or Survivors of them his and their Heirs shall stand and be seized of Proviso to make void a use limited to the Wife in case she go about to depart with her Estate and to limit over the said uses the said Capital Messuage Lands Tenements and Hereditaments with the Appurtenanees whereof such use was as aforesaid limited unto the said E. and of every part and parcel thereof to the use and behoof of the right Heirs of the said A. B. for ever 4. Provided alwaies nevertheless and it is agreed by and between the said Parties to these presents that if it shall fortune that the said E. B. shall at any time hereafter during the Life of the said A. B. be fully resolved and determined jointly with the said A. B. or otherwise by any ways or means directly or indirectly to levy any Fine or suffer any Recovery or do or assent to do any act or thing by matter of Record or otherwise whereby the Estate before limited of and in the Premisses to her the said E. B. for Term of her Life or any lesser Estate derived out of her said Estate of and in the said Capital Messuage Lands and Premisses or any part or parcel thereof shall or may pass or be altered taken away charged incumbred or devested out of or from the said E. B. and shall attempt or go about to put inure any such full and perfect resolution and determination that then and immediately after such attempt or going about the said use and Estate for Life of and in the Premisses before limited and appointed to the said E. B. as touching all the same Premisses or such part or parcel thereof touching which such attempt or going about shall be had or made shall cease and be void as touching and concerning the said E. B. and that then and from thencefotth the said Fine and Recovery conveiance and conveiances to be had and made to the said C. D. and E. F. and to their Heirs or the Heirs of one of them after the said Estate for Life before limited and appointed to the said A. B. ended and determined shall be and the said C. D. and E. F. and their Heirs and the Heirs of either of them shall stand and be seized of and in all the said Premisses or such part or parcel thereof touching which such attempt or going about shall be had or made to the use and behoof of C. B. Son and Heir apparent of the said A. B. and of D. B. second Son of the said A. B. and their Heirs for and during the Life of the said E. B. to the end intent and purpose that they the said C. B. and D. B. and the Survivor of them or the Heirs of the Survivor of them after the decease of the said A. B. in case the said E. shall happen to overlive the said A. B shall or may grant over their Estate to the said E. B. in the Premisses within 6 Weeks after the decease of the said A. B. And that after the decease of the said A. B. and the said E. B. then the said Fine and Recovery and other Assurances shall be and remain as to the said Capital Messuage Lands and Tenements to the uses and behoofs before in and by these presents lymitted and appointed to begin and take place after the decease of the said A. B. and E. his Wife 5. To the use of the said A. B. for the Term For Years determinable upon a Life of his natural Life and from and after his decease to the use and behoof of the said C. B. one of the younger Sons of the said A. B. for the Term of 60. Years to commence immediately from and after the decease of the said A. B. if he the said C. B. shall and do so long live and from and after
aforesaid And for want of such Issue to the use and behoof of the right Heirs of the said A. B. for ever 3. Provided always That it shall and may Power for Tenant for life to make a Joynture be lawful to and for the said A. B. at any time or times hereafter during his natural life by his Deed or Deeds in his life time lawfully executed to assure appoint limit and convey to any lawful Wife or Wives which the said A. B. shall hereafter fortune to Marry in case he survive the said E. F. for term of the life onely of such Wife or Wives for or in the Name of the Joynture or Joyntures of such Wife or Wives one full third part or less or so much as shall amount to a full third part of all the said Messuages Lands and Premisses And also that it shall and may be lawful to and for the said A. B. To convey Rents to younger Sons during the term of his natural life by any Deed or Deeds in writing under his Hand and Seal or otherwise by his last Will and Testament in writing to grant assure limit devise and convey to every or any the younger Sons of the said A. B. of his Body lawfully begotten or to be begotten for term of the life or lives of such younger Son or Sons such yearly Rent charge or Rents charge with a Clause of Distress for every such Rent as unto the said A. B. shall be thought meet and convenient to be yearly issuing and going out of all and every the said Messuages Lands c. or any part of them from and after the decease of the Survivor of them the said A. B. and E. his wife so that the said Rent or Rents so to be granted limited or devised as aforesaid do not exceed the sum of sixty pounds per annum in the whole 4. And further that it shall and may be To make Leases to younger Sons lawful to and for the said A. B. at any Time or Times during his natural life to make any Lease or Leases unto every or any of his younger Son or Sons for the Term of one and twenty years or under in Possession or Reversion of all or any the said Messuages Lands c. whereof the said Fine or Fines before mentioned is Covenanted to be levyed by the said A. B. or any part or parcel thereof the said Lease or Leases to commence immediately from and after the decease of the Survivor of them the said A. B. and E. his wife charged and chargable nevertheless with such Rent and Rents sum and sums of Mony or payments as before or after in these presents are appointed declared or limited to be had levyed or issuing out of the Premisses or any part thereof in such sort as in these presents is mentioned and declared so that the same Lands Tenements and Hereditaments so to be Demised or Leased to any of the said younger Sons do not exceed in the whole the yearly value of c. per annum over and above the Rent or Rents reserved upon such Lease or Leases and so as upon every such Lease and Leases so to be had and made as aforesaid the old and accustomed yearly Rents Customs and Services be reserved to be yearly payable and done during the continuance of every such Lease and Leases at the Days and Times formerly used And so that the same Lease and Leases or any of them to be made as aforesaid be not without impeachment of Waste Here may be another Proviso to impower him to grant Rents to Servants c. 5. * The Fines to be and inure for payment of the Rents and advantage of the Lessees And it is Covenanted granted concluded and agreed by and between the said Parties to these presents That the said Fine and Fines so to be levyed and had as aforesaid shall be and inure and that the said C. D. and E. F. and their Heirs and the Survivor of them and his Heirs shall stand and be seized of all such Lands Tenements and Hereditaments parcel of the said Premisses which shall by vertue of these presents be limited or appointed to be charged with any Rent or Rents sum or sums of Mony or payments to any Person or Persons or which shall hereafter be Granted Leased Demised or Charged according to the intent and true meaning of these presents and according to the power liberty and authority hereby given permitted and allowed as well to the use of such Person or Persons to whom any parcel of the Premisses in these presents mentioned shall be hereafter so limited appointed demised leased granted or conveyed of such Estate and Estates and for such Term and Time as the same shall be pursuant to the said authority hereby given to be limited appointed eased granted or conveyed and under the Covenants Charges Conditions and Agreements in such Lease or Leases Deed or Deeds to be contained As also to the use and intent that every Person and Persons to whom any Rent yearly sum or payment shall be hereafter granted limited appointed or devised according to the true intent and meaning of these presents and according to the power liberty and authority allowed or given in and by these presents shall and may have receive levy and take the same and likewise distrain for such Rent and Rents sum and sums of Mony as shall fortune to be behind and not paid according to the intent and true meaning of these presents and of the several Grant or Grants Limitation or Limitations Devise or Devises Appointment or Appointments of for or concerning the same to be had or made pursuant to the power and authority hereby given as aforesaid c. 6. This Indenture tripartie c. Between The Uses declared upon a Recovery and Fine already had and levied A. B. on the first part C. D. on the second part and E. F. and G. H. on the third part Whereas the said E. F. and G. H. in the Term of Easter last past did by Writ of Entry sur disseisin en le post recover against the said C. D. all those the Mannors of A. B. C. c. and Thirty Messuages Twenty Gardens one Thousand Acres of Land c. prout en le Recovery as in and by the said Recovery remaining of Record in his Majesties Court of Common Pleas at Westminster relation being thereunto had more fully and at large it doth and may appear And whereas c. recite also the Fine if any be Now witnesseth this present Indenture That the true intent and meaning of the said A. B. and of the said Recoverors and parties to the said Recovery and also of the Cognizees of the said Fine and parties to the said Fine before and at the several and respective time and times of the suffering of the said Recovery and acknowledging and levying of the said Fine for touching and concerning the said Mannors Lands Tenements Hereditaments and
before such Will or Testament made by the said E. Then of so much of the Goods and Chattels of the said A. B. as shall amount to or not exceed the said sum of Two hundred pounds without any let disturbance or contradiction of the said A. B. and in as large and ample a manner as if the said E. were then a Feme sole and unmarryed 7. And further that she the said E. shall Another to the same purpose or may at any time during the Coverture between her and the said A. B. without any lett or disturbance of the said A. B. or of any other by his means make and declare her Will and Testament and thereby or by any other Writing by her to be subscribed in the presence of two or more credible Witnesses give bequeath assign or appoint to any person or persons whatsoever any sum or sums of money so as the same exceed not in the whole the sum of Two Hundred pounds of lawful moneys of England And that if he the said A. B. do over-live the said E. That then and not otherwise he the said A. B. his Executors or Administrators shall and will within Six Moneths after the decease of the said E. and after request to him or them to be made in that behalf execute and perform or cause to be executed and performed the same her Will and Testament Gift Bequest Assignment or Appointment to any value not exceeding in the whole the said sum of Two Hundred pounds according to the intent and true meaning of the said Will or Writing That if the Lands setled in Joynture fail of the value the Fxecutors of the Husband to make it up 8. And the said A. B. for himself his Executors and Administrators doth Covenant and grant to and with the said C. D. and E. F. their Executors and Administrators by these presents That in case the said E. shall survive the said A. B. and shall be minded to lett the Premisses before limited and appointed to her for her Ioynture to Farm for a yearly Rent and shall make offer so to do to the Executors or Administrators of the said A. B. or any of them and that they shall upon such offer made refuse to take the same to Farm at the yearly Rent of Thirty pounds per annum of lawful money of England That then and in such case the said Premisses shall be rated and valued by Four substantial men of the same Parish where the said Messuage and Lands are scituâ—te and do lye whereof the said Executors or Administrators are to choose Two and the said E. the other Two at a certain yearly value according as other Lands of like quality and goodness are lett within the said Parish And in case the said rate and value made and put upon the said Premisses as aforesaid shall not amount unto the said sum of Thirty pounds per annum the said Executors or Administrators shall and will well and truly pay or cause to be paid unto the said E. so much lawful money of England yearly and every year on the Feast Day of St. Michael the Archangel as shall make up the said yearly value or Rate of Thirty pounds per annum until such time as they can procure a good and sufficient Tenant to take the same at the said Rate of Thirty pounds per annum under such Covenants and Agreements as other Lands are usually letten within the same Parish and for the term of One and Twenty years or more determinable upon the death of the said E. 9. And further for and upon the Consideration To make up what shall be evicted of the Lands setled in Joynture aforesaid he the said A. B. doth for him the said A. B. his Executors and Administrators Covenant and grant to and with the said C. D. and E. F. and either of them their and either of their Executors and Administrators That if the said E. his now Wife shall happen to survive and over-live him the said A. B. and shall at any time after the decease of the said A. B. be lawfully evicted or put out of or from the said Messuage and other the Premisses limited to her as aforesaid for her Ioynture or any part or parcel thereof That then the Executors or Administrators of the said A. B. shall well and truly pay or cause to be paid unto the said E. so much lawful money of England for the said Premisses or part thereof being so evicted from the said E. as aforesaid as the same shall amount unto at the Rate of Six years purchase for and according to the yearly value of the same within Three moneths after such eviction 10. And the said A. B. for himself his Executors To pay back part of the Portion if the Wife die c. and Administrators doth Covenant and grant to and with the said C. D. his Executors and Administrators by these presents That in case the said E. shall happen to depart this life within Three years after the said Marriage had and solemnized as aforesaid without having any Issue of her Body lawfully begotten by the said A. B. then living That then and in such case the said A. B. his Executors or Administrators shall and will for and in respect of the said sum of Five Hundred pounds of lawful moneys of England by him received as aforesaid as the Marriage-Portion of the said E. repay and satisfie or cause to be repayed and satisfied unto the said C. D. the sum of Three Hundred pounds of lawful moneys of England at one entire payment within Six moneths next after the decease of the said E. CHAP. XVIII Containing the General words commonly used for the passing of Mannors Messuages Lands c. 1. ALL that the Mannor of L. with A Mannor Th' appurtenances in the County of M. And also all Messuages Houses Edifices Buildings Barns Stables Out-houses Yards Backsides Orchards Gardens Lands Tenements Meadows Leasowes Pastures â—eedings Waies Wastes Waste-grounds Commons Commodities Moors Marishes Wood-grounds Woods Vnder-woods Waters Water-courses Ponds Pools Liberties Fishings Rents Reversions Services Fines Amerciaments Court-leets Courts-baron Views of Frank-pledge and profits of Courts and all that to Courts and Leets belongeth Waifs Estrays Goods and Chattels of Felons and Fugitives Customs Rights Iurisdictions Priviledges Profits Commodities Advantages Emoluments and Hereditaments whatsoever with Th' appurtenances of whatsoever kind nature or quality or by whatsoever Name or Names they are called or known by scituate lying and being coming renewing arising or growing in L. aforesaid or elsewhere in the said County of M. to the said Mannors Messuages Lands Tenements Meadows Pastures Feedings and other the Premisses or to every or any of them in any wise belonging or appertaining or incident thereunto or as part parcel or member thereof or at any time heretofore known accepted taken used demised or reputed as part parcel or member thereof or of any part thereof 2. All that the Mannor or Lordship
Members though the greatest part of them consent thereto without the general consent of the whole Corporation may Levy a Fine for that shall not be good Corporations Spiritual as Bishops Deans and Chapters Heads and Fellows of Colleges and the like are forbidden and restrained by divers Acts of Parliament from levying any Fine of their lands belonging to them at this day but of the lands such persons have in their own Right they may levy Fines as other persons may do A Fine levyed by one Ioyntenant Tenant in Common or Partner of Lands so held by him to a Stranger another Ioyntenant Tenant in Common or Partner will be good And lastly take this general Caution concerning Cognizors in Fines That they must be such and have such an Estate in the Lands intended to be granted by Fine as they are not prohibited by any Law to levy the Fine otherwise the Fine will be void And hence it is That Bishops Deans and Chapters Prebends Parsons Vicars and the like may not levy a Fine of any Ecclesiastical Lands in which they have any Estate of Freehold in right of their Churches Houses c. for if they do it will be void after their lives Coke 11. 78. Plowd 575. 538. 375. 21 Edw. 4. 13. And hence it is that he that hath an Estate Tayl of the Kings gift of provision may not levy a good Fine of it to bind the King or the Issue in Tayl by 32 H. 8. Cap. 28. And that a Fine levyed by the heir that is an Intruder upon the Kings possession is void 1 H. 7. 5. 24 Edw. 3. 65. And hence it is that he that hath an Estate in Fee-simple of lands in the Right of his wife may not levy a Fine thereof without her and if he do she or her heirs or other person to whom the right may come may avoid it after her death 32 H. 8. Cap. 28. 12 Edw. 4. 14. Coke 6. 55. Brooke Fines 121. Concerning Cognizees in Fines you are to Wâ—o may be Cognizees in Fines know That any person that is capable of being a good Grantee in a Deed may be a good Cognizee in a Fine and may thereby have and take the thing granted by it And so any man or woman Sole or Covert of full age or under age any mad or Lunatick person Ideot or man de non sane memorie any person in or out of prison or beyond Sea any person attainted of Felony or Treason or outlawed in a personal Action a Bastard a Clerk convict an Alien any one of these may be a Cognizee and take by a Fine as well as by a Deed. And a Fine levyed to any such person is good 50 Edw. 3. 9. 3 H. 6. 42. 24 Edw. 3. 62. So Corporations Spiritual and Temporal Civil or Corporal may be Cognizees in Fines and Fines levyed to them will be good But before the Ingrossing of such a Fine there goeth alwaies a Writ to the Iustices of Common Pleas Quod permittunt Finem illum levari Note that a Fine sur Cognizance de droit come ceo c. may not be levyed to any person but one that is party to the writ of Covenant Except the Cognizee be a Demandant in a writ of Entry And so a Fine levyed by the Demandant to the Vouchee who is supposed by the Law to be Tenant to the land or from the Vouchee to the Demandant is good and yet they are not Parties to the Writ But a Fine levyed by the Vouchee to a Stranger is void Coke 3. 29. 7 Edw. 4. 13. Care must be taken in Fines that Cognizors and By what names Cognizors and Cognizees may give and take in a Fine Cognizees must be named in Fines by their right names of Baptism and Surname except they be Kings Princes Dukes Marquesses Earls Viscounts or Barons which are admitted without any surname as Jacobus Rex Angliae Carolus Princeps Walliae Johannes Dux Lancastr c. But for Knights Esquires and Gentlemen which be names of Worship and Honour their Christian name and Sur-name are alwaies expressed together with their Additions And as for the Additions of Bishop Dean Parson c. they are admitted in Fines rather out of Courtesie then necessity for the Fine may be good without them Brownlow 1. part 30. 7 H. 4. 22. 1. Ass pl. 11. 14 H. 6. 15. 21 Edw. 4. 8. 1. Ass pl. 11. But if there be two of one name it is best to distinguish them by Seniori Juniori or the like Brownlow 1. part 30. So if it be a Corporation or Fraternity to be named in the Fine care must be had that it be done by the very true name of the Corporation as it is named in the Charter and Foundation of it 11 H. 4 44. 14 H. 4. 20. 7 H. 6. 27. 37 H. 6. 29. CAP. V. Of what things Fines may be levyed and â— by what Names and how the Parcels are to be placed therein A Fine may be levyed of all things whereof a Of what things Fines may be levyed Precipe quod reddat lyeth or of which a writ of Entry may be brought It will be good of all things Ecclesiastical or Temporal that are inheritable and in Esse at the time of the levying of the Fine So a Fine may be levyed of an Honour Mannor Island Barony Castle Messuage Cottage Mill Toft Curtilage Dovâ—house Garden Land Meadow Pasture Wood Vnder-wood Chappel River Parsonage Rectory Advowson Vicaridge Tythes impropriate â—stovers Foldage Corrody Office Fishing Warren Fair Mine View of Frank-pledge Waif Stray Felons goods Deodand Hospital Furzes Heath Moor Rent Common Hundred Way Ferry Franchise Seignory Toll Tallage Picage Pontage Services Portion of Tythes Oblations and the like But a Fine levyed of Antient Demesne Lands will not be good Stat. 32 H. 8. Cap. 7. Coke 8. 145. West Symb. 2. part Anciently in levying a Fine of a Mannor it was By what Names things may be levyed in Fines Manerium usual to add to it or explain it by the words Demesns Rents Seigniories Courts Pleas c. And such Generals whereof it consisted but this way is altered and now it passeth by the name of Manerium cum pertinentiis 3. Inst 513. That things passed in Fines must be set down by their Nature and quality as Land Meadow Pasture c. and by the place where they lye there must be apt words used to express the thing named to pass by the Fine For a Fine levyed de tenemento or de hereditamento or de duobus tenementis for the uncertainty of the thing and unaptness of the words is void or voidable at least for Error Crooke 1. 196. Leon. Rep. 188. for the proper word to express a Tenement or Hereditament in a Fine Messuagium is Mesuagium and a Fine levyed de uno mesuagio or duobus mesuagiis is good That one Mannor may be parcel of another Mannor and pass by the name of that Mannor 20 Ass
pl. 54. That a Castle Honour or Hundred may be parcel Castellumâ— Honor-Hundredum of a Mannor and pass by the name of the Mannor whereof it is parcel Or it may pass by its own proper name as de Castello de S. cum pertin or de Hundredo de S. cum pertin or de Honore de S. 20 Ass pl. 54. 2 Edw. 3. 36. 1 Edw. 3. 4. That the County City Town Parish Hamlet and Endship wherein the things lye that are to pass by the Fine ought to be certainly named And therefore if there be two Towns Walton and Street in the parish of Street and a Fine is levyed of such Lands in Street in this case Lands in Walton will not pass by this Fine Walton being a distinct Town or Ville by it self and although Street the Parish comprehend both yet in the Fine the lands in Walton shall not be said to be comprized unless Walton had been an Hamlet of Street and that the Fine had been levyed of lands in the Parish of Street then all would have passed well enough Crooke 2. 120. Stock and Foxes Case So if a Mannor extend it self into divers Towns as into A. B. C. it is safe and best to express all the Towns or none of them at all For haply the Fine may be good if the Mannor be onely named and be not said in what Town it doth lye As de Manerio de S. cum pertin but otherwise it must be de Manerio de S. cum pertin in A. B. C. for if any one of the Towns be omitted none of the Mannor in that Town so omitted will pass 9 Edw. 4. 6. That where divers Mannors be of one name with distinction of North and South to it as South S. North S. and the like There it is safe to express in the Original writ and all the proceedings of the Fine which of the Mannors is intended to be passed by the Fine And yet perhaps the Fine may be good to pass the Mannor intended to be passed without this distinction Crooke 1. 196. 200. 9 Edw. 4. 6. Brooke Fines 44. 91. 12 H. 7. 6. That when a Fine is but for the Presentation Presentation Parsonage Vicaridg Rectories c. to a Church onely it must be de Advocatione Ecclesiae de S. and not cum pertin And a Vicaridge endowed must be de Advocatione Vicariae Ecclesiae de S. and not cum pertin And where the Vicaridge is not endowed it must go under these words de Advocatione Ecclesiae de S. And Parsonages Rectories Advowsons Vicaridges and Tythes impropriate pass not by the words de Advocatione Ecclesiae but de Rectoria Ecclesiae de S. cum pertin West Symb. 2 part Title Fines and Concords A Fine was levyed de Advocatione Ecclesiae de Advowson and Rent reserved * Rectory and Rent reserved Wood. House-boot c. Chappel or Hospital Mesuage C. ac de quatâ—or Librat reddiâ— cum pertin in S. C. B. Coke 3. 45. A Fine was levyed of a Rectory out of which a Rent of 30 l. per Annum was rendred Coke Lillingtons Case High-wood and Vnder-wood pass under the general denomination of Wood. Houseboot Hayboot and Plowboot by the name of Estovers A Chappel or Hospital will pass by the name of a Mesuage 13 Ass pl. 2. So by the name of a Mesuage with the Appurtenances may pass an House with a Shop Curtilage Garden Orchard and as some say a Dove-house and Mill as parcel thereof That by the name of a Cottage a Toft Chamber Cottage and Celler will pass That part of an intire thing may pass by the Part of intire things words de medietate de tertia parte de quarta parte c. as the Case requires or de duabus partibus in tres partes dividend or de medietate omnium decimarum granorum feni ac terrae vocat le Blacklandâ— cum pertin in H. But if an intire thing as a Mannor or Mesuage be parted as if the Mannor of S. be divided into two parts and the division be so made as that the Mannor for that part be not extinct and a Fine is â— be levyed of a part of it it must pass by the name â—f the whole As de Manerio de S. So if a Mesuage and 23 acres of land be parted the part divided may pass by the name of one Mesuage and ten â—ctes of land and not de medietate â—nius Mesuagii viginti trium acrarum terrae And Note that it is usual in Fines to comprehend more number of acres then are intended to pass yet in such Case no more shall pass then what is intended and agreed upon between the Parties Popham Rep. 105. â—ed ss PRaecipe Thomae Snagge Armigero Radò Precipe quod teneat or Abstract of the writ of Covenant Order of placing the parcels Snagge generoso quod juste c. teneant Roberto Yarway generoso Manerium de Kempston Dawbney alias Kempston S. Johns cum pertin in Kempston Et nisi c. AC de duobus Mesuagiis or de uno Capitali Mesuagio duobus Salinis vocat Witch-houses alias Salt-houses duobus Shopis duabus Cameris â—â—o Stabulo sex Cottagiis uno Curtilagio duobus Toft is quatuor horreis uno Molendino aquatico or uno Molendino aquatico granatico uno Molendino ventritico or uno Molendino Fullonico uno Columbar decem Gardinis decem Pomaâ—iis Centum acris terrae or terrae aqua coopertae riginti acris Prati decem acris Pasture sexdecim acris Bosci or Subbosci or de quatuor virgat Bosci viginti acris Saliceti viginti acris Jampâ—orum Bruere viginti acris More duabus acris Turbariae octo acris Mosset sex acris Juncar decem acris Marisci frisci or Marisci salsi duabus acris Alneti quadraginta acris Arundin decem acris Ruscar or de Rectoria Ecclesiae parochialis de C. ac de decimis Garbarum granorum feni eidem Rectoriae spectan or de decimis Garbarum ad Ecclesiam de C. qualiter cunque spect or de Rectoria impropriat de R. cum pertin or de Rectoria de K. Or de Advocatione Ecclesiae de K. cum pertin or de Advocatione Ecclesiae de K. or de Advocatione Presentatione Donatione Libera dispositione Jure Patronatus Ecclesiae de K. Or de Rectoria de K. Ac de Advocatione Vicariae de K. or de Advocatione Ecclesiae de K. alternis vicibus cum acciderit Or de proficuis granorum feni Lane Agnorum Ac de omnimodis aliis decimis cum pertin in K. Or de quadam portione decimarum aut pensione in S. or de decimis garbarum granorum feni cum pertin in A. B. Necnon de decimis Lane Agnorum Oblationum Obventionum Emolumentorum Ac de omnibus aliis decimis quibuscunque provenien crescen seu renovan in W. or de omnibus omnimodis Oblation decimis garbarum granorum feni Lane
Lini porcellorum ancarum Agnellorum c. Et aliis Emolumentis quibuscunque spectan pertinen crescen sive existen cum pertin in H. Or de Communia pasture pro omnibus omnimodis Averiis or de pastura pro trescentis ovibus cum pertin in parochia de Dale or de Communia pro omnibus Animalibus or pro omnibus omnimodis Animalibus or pro decem ovibus decem equis vaccis porcis spadonibus c. or de Communia pasturae quam praedictus A. habet habere solebat pro omnibus Averiis suis in Centum acris pasturae ipsius A. in S. Or de libera Warrena sua in D. or de una Wharfa or de seperal Piscaria in Aqua de S. or de liberis Piscariis in Aquis de B. C. D. or de Piscaria or de libertate unius Faldagii cursu ovium or de libertate Faldagii or de libertate Faldagii pro viginti ovibus or de libero Faldagio ovium or de libera Falda or de Gurgite or de Cursu aquae currentis à loco vocat H. intra per terras vocat M. Or de Nundinis de B. singulis Annis ad Festa de N. B. ibidem tenend or de Mercat de B. or de quieto libero passagio ultra aquam de S. or de Chimino Or de viginti libraâ— viginti solidat decem deâ—r uno Obulo quadrant Reddit or de decem â—arcat reddit or decem Marcis reddit or de â—eddit unius libre piperis unius Clavi Gariophilâ— or unius Rose rubre or unius quarter ' hordei â— de reddit Centum Gallinarum or de duobus â—â—ch Caponum or de reddit unius par Cheirodecarum unius libre Cere unius libre Cumini â— de reddit Centum Gallorum or de viginti soâ—dis annualis redditus exeun de Manerio de D. Or if it be of parts of things whereof the Fine is â—â— be levyed they must be thus named de Medieate Manerii de D. cum pertin de tertia parte duâ—um mesuagiorum or de duabus partibus in tres â—rtes dividend octo acrarum terrae or de tertia parte tenementorum in C. in tribus partibus diviâ—â— or de Medietate decem Mesuagiorum or de â—â—rcia parte Rectoriae Ecclesiae de K. cum pertinâ—â— de Medietate omnium decimarum granorum bladorum garbarum feni de terra vocat F. cum pertin in L. or de tercia parte Vic' Franc ' pleg ' cum pertin bonorum catallorum waiviat felon fugitivorum utlagat in exigendo posit felon de se Deodand Thesaur invent cum pertin in D. or de tercia parte quinque librarum cum pertin exeun de Manerio de H. And lastly for your better instruction of placing the parcels in a Fine observe these following Rules â—s 1. That the worthy things must be put first so a Mesuage must be named before Land a Mannor before a Mesuage a Castle before a Mannor Arrable before Meadow c. Plowd 168. 7 H. 6. 39. 2. Things general before special things as land being the genus therefore is to be placed before Meadow Pasture Wood Heath Marish c. and Boscus must precede Alnetum Salicetum c. as wood is the genus to Wood-ground 3. Intire things are to be set down before parts of things de Manerio de A. de Medietate Manerii de B. c. 4. Parts of the things excepted must follow the things themselves out of which they are excepted And if there be divers parcels in the Writ that thing out of which the exception is made must be put last of all thus after all the rest de Manerio de B. cum pertin in C. except uno Mesuagio duabus acris terrae Advocatione Ecclesiae de B. c. Regist Orig. so 6. 5. The thing excepted must be certainly named and in this there needs not the Addition of the words cum pertin as are used after the things granted 6. The Exception must alwaies be of such a thing as will lye in a Writ and of such a thing as is comprehended in the writ as Precipe A. quod juste c. ten B. Conventionem c. de uno Mesuagio duabus acris terre decem acris prati Centum acris pasture cum pertin except una acra prati in L. Et est Concordia talis scilicet quod praedict A. recogn tenementa praedicta cum pertin except preexcept esse jus c. 7. Where the Original writ is of many things if of eight things as a Mannor House Rectory c. they are thus expressed first De uno Manerio secondly Ac de Rectoria thirdly Necnon de Mesuagio c. and for the fourth thing Aceciam for the fifth Praeterea for the sixth Ac ulterius for the seventh Aceciam and for the eight Ac insuper And if there be more then to begin again CAP. VI. Observations in Drawing the forms of Concords TWo things are chiefly to be considered in the drawing of Concords of Fines As first the Precipe which is the Recital of the contents of the writ of Covenant and is called the Title or head of the Concord or Agreement The form whereof is thus Midd. ss Precipe A. B. quod juste c. teneat C. D. Conventionem c. de decem Mesuagiis Centum acris terrae sexaginta acris Pasturae in Isllington Et nisi c. This Praecipe is to express the things in particular whereof the Fine is to be levyed in the same order and words as they are mentioned in the Original writ in which also the names of the parties with their Additions must be inserted as Precipe F. Comiti B. quod juste c. ten H. F. Armigero c. That therein the parcels must be named according to the directions before set down in the fifth Chapter which must alwaies be according to the Rule in the Register comprehended in the ensuing verses Mes â—gium Tost um Mol. endinum Col. nmbare Gar. dinum Terr a Pra. tum Pas tuâ—a Bos cus Brue ra Mora. Junca ria Maris cus Alne tum Pis caria Red. ditus Sectare priora Secondly The Concord it self as to which we are to observe that the particulars or parcels ought not to be recited as fully in the Concord as when they were first named in the writ of Covenant or other original writ pertinent to a Fine or as they are expressed in the Precipe but instead of naming of every particular over again it will be sufficient to say thus Et est Concordia talis scilicer quod praedictus A. recogn tenementa praedicta cum pertin esse jus ipsius H. c. where note that by the word tenementa any number or quantity of distinct things or parcels will be well enough and aptly expressed except the Precipe be of entire things by themselves as Precipe c. quod ten Conventionem c. de
or put himself upon the Country whereupon the Demandant prayeth a further day to imparle or confer about the matter which being granted unto him by the Court at the day appointed the Vouchee or third person aforesaid by Agreement and consent of the Parties comes no more into Court but makes default whereby judgment is given and awarded by the Court to the Demandant that he shall recover against the Tenant the Lands in question and that the Tenant shall recover over so much Land of the third person as is sufficient to recompence him for the Land recovered from him which the said third person or Common Vouchee ought to have waranted and defended but suffered to be lost And this is a Recovery in value or pro Rata But if the Recovery be with a double Voucher or treble Voucher then the third person upon his appearance is to call or vouch to warant a fourth person who must be the Common Vouchee and to alleadge in the same manner as the Tenant doth and pray that such fourth person may come in who thereupon must appear and make default in such manner as before is mentioned of the third person in the Recovery with single Voucher And so if there be more Vouchers And then there must be several Recoveries over in value against every one of them But he that is last vouched or called to waranty is alwaies Common Vouchee who is usually Bag-bearer to the Custos Brevium of the Court of Common Pleas and hath not any Land to render in value upon the supposed warranty And by this means grounded upon the strict Principles of Law the first Tenant doth willingly let go the land for the assurance of the Purchasor and yet in truth hath no recompence over because the Vouchee hath no Land to render in value Of what a Writ of Entry may be had and by what Names A Precipe quod Reddat lyeth de Castro Manerio Mesuagio Tofto Molendino Columbari Gardino de Terra Prato Pastura de Bosco de Jampnis Bruera de Mora de Juncariis de Marisco salso frisco de libera Piscaria in Aqua de E. de redditu de communia Pasture pro omnibus averiis de communia Estoveriorum de Pannagio pro Porcis de Visu Francii Plegii de Rectoria de L. cum pertin de quibusdam portionibus decimarum provenien crescen seu renovan in K. de Advocatione Ecclesie de W. de Advocatione Vicarie Ecclesie de S. It lyeth also de Terra Aqua cooperta de passagio ultra Aquam de Balliva de Officio de quarta parte decimarum de omnibus omnimodis decimis Majoribus mixtis minutis infra Villam sive Hamlett de B. infra Parochiam de A. quoquomodo crescen contingen ac annuatim renovan c. de Tofto situ Molendini de Hundredo de C. de Ballivato de B. de Pastura ad sex Boves de roda Terre de medietate unius rode Terre de Shopa de Wharfa de Keia Of what things a Writ of Entry lyeth not IT is said in the Practical Counsellor fo 196. that a Writ of Entry may not be de Piscaria Estoveriis de Gardino and in the Compleat Sollicitor printed this present year 1672 fo 62. that a Precipe quod Reddat lyeth not de Piscaria de Estoveriis nec de communia Pasture nor of a Garden And so it is said in the Attorneys Guide fo 129 All which you will find to be otherwise by the Precedents of Recoveries in this Treatise And certainly it is a very great mistake for any person that treats publickly of Recoveries to say that a Writ of Entry lyeth not of a Garden the opinion being so directly contrary to the Rule of the Register by which it evidently appears that the word Gardinum is alwaies used in real Actions as Writs of Entry in le per cui post de placito Terre either for a Garden or Orchard as you will find by the ensuing Precedent Et predictus M. per A. L. Attorn suum ven petir indicium de brevi predicto Qua dicit quod breve illud viciosum est in se non impetrat versus eundem M. secundum cursum Registri seu secundum formam naturam brevis domine Regine de ingressu super disseisinam in le per seu alicujus al. brevis domine Regine de placito Terre quia in eodem brevi apparet quod predictus J. inter alia petit versus ipsum M. unum Pomarium modo forma sequen videlicet Precipe M. T. Ar. quod juste c. reddat J. D. unum Mesuagium unum Gardinum unum Pomarium c. cum pertin inter alia in G c. ubi secundum cursum formam Registri hoc verbum Pomarium in aliquo brevi de placito Terre secundum naturam ejusdem brevis nunquam ponitur quia hoc verbum Gardinum secundum cursum formam Registri semper comprehendit in se Pomarium undo ex quo c. New Book of Entries intituled Formule bene placitandi Title Abatement A Writ of Entry therefore cannot be brought de Pomario for the Reasons above nec de Fossato Stagno nec de Advocatione decimarum unius Curucat Terre nec de Homagio fidelitat nec de serviciis faciendis nec de bovat Marisci nec de Selione terre for the incertainty because a Selion which is a land containeth sometimes an acre sometime half an acre sometimes more and sometimes less it cannot be had of a Croft nor of a yard land virgata Terre nec de Fodina de Minera nec de Mercatu for they lye not in demesne but gain nec de superiori camera 3 H. 6. fo 1. A Writ of Entry ought not to contain the same thing twice as a Mesuage and an House parcel of the same Mesuage 3 Ed. 4. fo 28. 46 Ed. 3. fo 26. nor to name a Town and a Hamlet within the same Town 22 Ed. 3. fo 11. 41 Ed. 3. fo 22. but the Practice is otherwise at this day Of Common Recoveries upon Writs of Entry in le Post Their Forms c. ss Midd. ss PRecipe Roberto Bellingham generoso A Precipe to be entred upon the Remembrance Single Voucher Cornelio Bellingham generoso quod jâ—ste c. reddant Alexandro Houghton generoso decem Mesuagia decem Tofta unum Columbare decem Gardina Centum acras Terre quadraginta acras Prati septuaginta acras Pasture cum pertin in A. C. L. N. B. que clam c. Write thus in the Margin ss Tenentes in propriis personis voc ad War Edmundum Clent ss Kanc. ss PRecipe Jacobo Hart generoso quod The like Double Voucher juste c. reddat Isaaco Burdet generoso unum Mesuagium tres acras Terre tres acras Prati viginti acras Pasture cum pertin in Deptford alias Detford alias West Greenwich que clam
suis Et Vic. videlicet A. R. Miles modo Mand. quod ipse virtute brevis illius sibi directi tricesimo primo die Maii ultimo preterito habere fecit prefat R. W. plenariam seisinam de Castro Maneriis Tenementis predictis cum pertin Ac de Advocatione predicta prout per breve illud sibi preceptum fuit c. Glouc. ss S. S. Generosus in propria persona sua Entry of a Recovery of a Mannor Mesuages Mils Dove-houses Gardens land Meadow Pasture Wood Rent Common of Pasture of a Rectory Tythes and of an Advâ—wson of a Vicaridge pet versus R. N. Armigerum W. S. Armigerum Manerium de Stonehouse cum pertin Ac viginti Mesuagia decem quinque Molendina tria Columbaria viginti Gardina 300 acras Terre Centum acras Prati 300 acras Pasture 330 acras Bosci sexaginta solidat Reddit Communiam Pasture pro omnibus Averiis cum pertin in Stonehouse c. Necnon Rectoriam de Leonard cum pertin Ac etiam quasdam portiones Decimarum annuatim provenien Crescen seu renovan in K. Ac Advocationem Vicarie Ecclesie de S. ut jus hereditatem suam c. Et unde dic quod ipsemet fuit seisit de Manerio Tenementis Reddit Communia Pasture Rectoria predictis Ac de portionibus Decimarum predictarum in Dominico suo ut de feodo jure Ac de Advocatione predicta ut de feodo jure tempore pacis tempore domini Regis nunc Capiend inde exples c. Et inde produc sectam c. Et predicti R. W. in propriis personis suis ven defend jus suum quando c. Et voc inde ad War E. S. Generosum qui presens est hic in Cur in propria persona sua Et gratis Manerium Tenementa Reddit Communiam pasture Rectoriam predicta cum pertin Porciones Decimarum Et Advocationem predictas eis War c. Et super hoc predictus S. pet versus ipsum E. Tenen per War suam Manerium Tenementa Reddit Communiam Pasture Rectoriam predictam cum pertin porciones Decimarum ac Advocationem predictam in forma predicta c. Et unde dicit quod ipsemet c. ut supra c. Alias prout patet c. usque quando c. in linea Entry of Summons in a Recovery with treble Voucher by Alias prout patet with three Adjornments before the Statute of 16 17 Caroli primi cap. 6. Whereby the Retorns of Octab. Mich. quinden Mich. are taken away Continuat Et voc inde ad War S. H. Gen. Sum. in Com. pred habeat eum hic in Octabis S. Mich. Et Sum. in Com. predicto per auxilium Curie c. idem dies dat est partibus predictis c. Ad quem diem loquela predicta Adjornata fuit per brev Domini Regis de Communi Adjornamento hic scilicet apud Westm in Com. Midd. usque a die S. Michaelis in unum Mensem tunc proxime sequen Ad quem diem loquela predicta ulterius Adjornata fuit per aliud brev dict Domini Regis de Communi Adjornamento a Westm usque Villam dict Domini Regis de Reading in Com. Berks in Crastino Animarum tunc proxime sequen Et modo hic scil apud predictam Villam dict Domini Regis de Reading ad hunc diem scil predictum Crastinum Animarum ven tam predictus H. in propria persona sua quam predictus G. per Attorn suum predictum Et predictus S. modo Sum. c. per. R. Attorn suum similiter ven gratis Tenementa predicta cum pertin eis War c. Et super hoc predictus H. pet versus ipsum S. Tenen per War suam Tenementa predicta cum pertin in forma predicta c. Et unde dicit quod ipsemet fuit seisitus c. Et inde produc sectam c. Et predictus S. Tenens per War suam defend jus suum quando c. Et ulterius voc inde ad War P. D. habeat eum hic à die Pasche in quindecim dies Et Sum. in Com. predicto per Auxilium Curie c. Idem dies dat est tam prefat J. v. quam prefat S. hic c. Ante quem diem loquela predicta ulterius Adjornata fuit per aliud breve dicti domini Regis de Communi Adjornamento à predicta Villa dict dom Regis de Reading in Com. Berks usque ad Westm in Com. Midd. usque ad eandem Quinden Pasch c. Michaelis xijâ— Caroli Secundi rotulo 182. Westmerl ss JOhannes Lowther Miles Baronettus Entry of a Recovery of a Mannor Tenements Tythes Free-â—isâ—ing and the Advowson of a Vicaridge Thomas Darcey Miles in propriis personis suis pet versus Robertum Newman Generosum Thomam Lee Armigerum Manerium de Warcopp cum pertin ac septuaginta sex Mesuagia quatuor Molendina sexaginta Gardina quadraginta acras Terre Centum acras Prati Trescent quadraginta acras Pasture viginti acras Bosci Sexcentas acras Jampnorum Bruere Sexcentas acras Morae cum pertin in Warâ—opp Buttingill Sandforth Flesholme Blaytorne Winder Wath Cliburne Ac decimas Garbarum granorum annuatim provenien crescen seu renovan in Warcopp Buttergill Blaytorne Necnon liberam Piscariam in Aqua de Eden Ac etiam Advocationem Vicarie Ecclesie de Warcopp ut jus hereditatem suam Et in que iidem R. T. non habent ingressum nisi post disseisinam quam Hugo Hunt injuste sine judicio fec prefat Joh. Thome Darcy infra triginta Annos c. Et unde dic quod ipsimet fuer seisiti de Manerio tenementis decimis Piscaria predictis cum pertin in dominico suo ut de feodo jure Ac de Advocatione predicta ut de feodo jure tempore pacis tempore domini Regis nunc Capiend inde exples ad valentiam c. Et in que c. Et inde producit sectam c. Et predicti Robertus Thomas Lee in propriis personis suis ven defend jus suum quando c. Et voc inde ad War Rich. Brathwaite Armigerum qui presens est hic in Cur. in propria persona sua Et gratis Manerium Tenementa decimas Piscariam predicta cum pertin Ac Advocationem predictam eis War c. Et super hoc predicti Johannes Thomas Darcey pet versus ipsum Richard Tenen per War suam Manerium Tenementa decimas Piscariam predictam cum pertin Ac Advocationem predictam in forma predicta c. Et unde dic quod ipsimet fuerunt seisiti de Manerio tenementis decimis Piscaria predictis cum pertin in dominico suo ut de feodo jure Ac de Advocatione predicta ut de feodo jure tempore pacis tempore domini Regis