after the death of the particular tenant the plaintiff needeth not to shew how Cozen and Heir so long as the Plea hath continuance by idem dies c. given to the tenant nor at his appearance nor untill the plaintiff pray execution And then the * How Cozen and Heir Coment Cozen and Heir is to be entred thus in the Roll only And the aforesaid I. saith that he is Cozen and Heir of I. W. that is to say son and Heir of T. W. of the Brother and Heir of the same I. W. 33 H. 6. 54. 41 Ed. 3. 13. and 24. 8 H. 4. 31. Bastarday In Scire facias by him in the remainder upon an estate tail against A. B. supposing the donee to be dead without issue if A. B. plead that he is issue to the donee and the plaintiff replyeth that he is a bastard it is a good replication 40 E 3. 16. Vpon estate executed Scire facias upon a Fine levyed to T. R. and W. and to the Heirs of the body of R. the remainder to the right Heirs of the said W. T. died and R. died without issue and W. survived and died his Heirs need no Scire facias to execute this Fine because it is executed in his life by the union of the Fee and Franktenement in W. 40 E. 3. 20. And so if a Fine be levyed to a Baron and Feme and to W. and his Heirs and he dieth and then the Baron and feme do dye the Fine is executed for one moiety in the life of W. Fitzh Scire facias 19. 43 E. 3. 9. 24 E. 3. 57. Ayd Tenant for life in Scire facias had aid of him in remainder 41 E. 3. fo 16. 20. 22 E. 3. 12. Death shewed In formedone in reverter or remainder the demandant must mention the death of every one which had estate and survived his Ancestor but not so in a Scire facias surfine 42 E. 3. 19. Severall estates If the plaintiff have severall estates created by one Fine he needeth but one Writ of Scire facias 43 E. 3. 11. though it be of severall things against severall tenants 11 H. 4. 15. 21 E. 3. 14. 24 E. 3. 25. Default If in a Scire fa. the Sheriff return the party summoned and he appear not execution shall be awarded 43 E. 3. 13. Reversion If a Fine sur cognisance de droit come ceo c. be levyed of a reversion by the name of the Land it is not executory 43 E. 3. 15. Seigniory If the services escheat after a Fine levyed of the Seigniory the Cognisee shall have execution of the Land escheated 48 H. 3. 11. Of things out of the Writ A Scire fa. lyeth sometimes of things not comprized in the Writ as if in a Fine sur release the Cognisee render rent in tail 48 E. 3. 8. Execution by entry of him in remainder If Land be given by Fine for life the remainder to Baron and Feme in tail and the Baron dieth and then the Tenant for life dieth and the Feme entreth the Fine is executed so as their issue needeth no Scire facias 49 E. 3 12. Of a reversion Scire fa. lyeth for the donor in tail against any that abated after the death of the donee in tail by Fine without issue 22 E. 3. 12. Upon generall non tenure pleaded the plaintiff Non tenure generall or special Nihil returned may take execution at his perill But speciall non tenure seemeth a good Plea 7 H. 6. 25 A man shall not have excution upon nihil returned because the tenant may be summoned in the Land demanded 24 E. 3. 25. Half blood If a Fine be levyed to husband and wife in tail the remainder to his right Heirs and they having issue the husband dyeth the wise hath issue by another husband and dieth the issue by the first husband entreth and dyeth without issue and his next heir entreth as into the remainder in Fee against whom the issue by the second husband bringeth a Scire fa. and recovereth by reason that the Fee could never execute in possession in the Elder Brother during the State-tail 24 E. 3. 30. and 62. Feoffment Feoffment with warranty from the plaintiffs Ancestor is a good Plea in a Scire fa. upon a Fine 22 H. 6. 39. The Heir shall have his age in Scire fa. Contr. Westm 2. ca. 45. 24 E. 3. 28. and 60. What Fines with Proclamations bar not the issue in Tail NO Fine levyed by tenant in tail barreth his issue maintenant but where the tenant in tail is Cognisor as if tenant in tail bring a Writ of Covenant against an estranger and he recognize the Land to be the right of the tenant in tail as that which he hath of his gift c. and the tenant in tail grant and render the Land to the Cognisor for years yeelding rent c. and die this Fine is void against the issue in tail M. 10. and 11 Eliz. Dyer fo 279. p. 7. 36 H. 8. Br. Fines 118. A Fine with Proclamation levyed by tenant in tail the reversion or remainder being in the King bindeth not the issue in tail as it seemeth Br. Fines 121. But if such Lands were entailed by the King such Fine barreth not the issue in tail 32 H. 8. Cap. 36. If an estranger levy a Fine to tenant in tail sur cognizance de droit come ceo que il ad de son done and he rendreth to him a rent in Fee and dye after Proclamation yet the issue in tail may avoid it for he is remitted and the rent is another thing then the Land 15 E. Plo. fo 435. per Thornton If tenant in tail of an Advowson grant and render by Fine the nomination of the Clerk it is void 15 Eliz. Plo. f. 435. b. per Thornton If tenant in tail of a rent disseife the Tenant of the Land and levy a Fine with Proclamation of the Land the issue in tail is not barred for the rent because rhe Fine was not levyed of the rent but of the Land per Thornton and granted 15 Eliz. Plo. f. 435. b. If tenant in tail grant a rent by Fine his issue may avoid it 15 Eliz. Plo. 436. 14. A. ss p. 4. What time after a Fine levyed and Proclamation made any man hath to enter or claim by action or otherwise and who are thereby barred forthwith and who not Hitherto of the forms and execution of Fines now let us see how they may be avoyded .. TO know what time persons that have cause toenter or claim may enter or clai master a Fine levyed many things are to be weighed for some persons have more time and some less for the discussing of which question we must not only consider the quality of the persons that should claim or enter but also the quality of their rights and estates And the persons be
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
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
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
in mercy c. But atturnments entred upon record before the party mentioned to atturn do first appear in Court in person or by atturney warranted by the hand of one of the Justices of the one Bench or of the other or one Justice of Assize upon a Writ of quid juris clamat quem redditum reddit or per quae servitia as the case requireth is void without Writ of error 23 Eliz. c. 3. upon which Judgement the Cognisee may have execution by habere facias seisinam in this form Oliver c. To the Sheriff of York greeting Know you that whereas C. D. in our Court before our Justices at Westminster by order of the same Court hath recovered his seisin against A. B. of one Messuage with the Appurtenances in L. which M. N. in the same Court granted to the aforesaid C. D. by a Fine thereof between them made therefore Wee command you that to the same C. D. plenary seisin of the Messuage aforesaid with the appurtenances without delay you cause to have and what thereof you shall do you certifie to our said Justices at Westminster in eight dayes of Saint Martin c. And have you there this Writ T. c. A Distringas ad Atturnandum And upon the Judgment to Atturn doth issue a Distringas ad Atturnandum in this form Oliver c. To the Sheriff greeting Wee command you that you distrain A. S. by all his Lands c. So that he be before our Justices of the Bench to atturn to C. D. in a plea of Quid juris clamat in one Messuage with the appurtenances in L. which M. N. in our Court c. hath granted to the aforesaid C. D. by fine thereof between them made and whereupon it is ordered in the same Court that the aforesaid A. S. himself to the aforesaid C. D. thereof shall atturn And have you there this Writ T. c. Quem redditum reddit The Writ of quem redditum reddit is a Writ judiciall and issueth out of the note of the fine against the Tenant of the Land to compell him to atturn to the Cognisee upon the grant of a Rent charge or Rent seck issuing out of the Land N. B. F. 170. b. the form whereof followeth Oliver c. to the Sheriff of E. greeting We command you c. that you cause to come here from the day of St. Michael in fifteen dayes E. F. to acknowledge what Rent he was accustomed to yield issuing out of one messuage with the appurtenances in E. which A. B. in our court before our Justices of the Bench hath granted to C. D. by a Fine there of between them made And have you there this Writ T. c. If the Defendant appear not upon this Writ a Distringas issueth forth in this form OLiver c. To the Sheriff of York greeting Wee command you that you distrain E. F. by all his Lands c. And that you answer to us of the profits of the same and that you have his Body here c. in eight daies of St. Michael next to come To acknowledge what Rent c. issuing out of one Messuage with the appurtenances in L. which A. B. in our Court c. hath granted to C. D. by a Fine thereof between them made and to hear his Judgment for many defaults And have you c. At which day if the Tenant appear the entry may be in this form E. F. In mercy for many defaults c. The Sheriff of E. was commanded that he should distrain the aforesaid E. F. c. as in other Writs of Distringas above And now here at this day came aswell the aforesaid C D. by W. W. his Atturney as the aforesaid E. F. in his proper person And the aforesaid C. D. prayeth that the aforesaid E. F. may atturn himself to him of the Rent aforesaid c. And the aforesaid E. F. prayeth hearing of the Writ a-aforesaid and to him it is read he prayeth also hearing of the note of the Fine whereupon the same Writ issued and to him it is read in these words Between C. D. Plaintiff c. reciting the note c. Atturnment entred In which case if the Tenant atturn the entrie shall be as in a quid Juris clamat and so shall the Judgment and Execution be also mutatis mutandis but the atturnment must be in Court 9 H. 6. 21. 8. H. 6. 15. Divers Tenants If this Writ be against divers Defendants and some appear and some make default Those which appear shall not atturn without the rest untill they appear and after make default 8. H. 6. 15. Default If the Tenant once appear and after make default a Distringas ad atturnandum shall be awarded 9. H. 6. 21. 8. H. 6 15 A Cognisee of a Rent charge or Rents for years shall not have Atturnment quaere Dyer fo 401. Pl. 37. 38. Atturney The Tenant cannot plead by an Atturney but ex consensu quaerentis 1. H 7 27. In a Quem redditum reddit the Tenant appearing is to demand what the Plaintiff hath to shew for the Rent and then he must shew the commencement thereof and his title thereunto which the Plaintiff may answer 31. H. 6. 8. 35. H. 6. Disclaimer In quem redditum reddit if the Tenant will disclaim he may plead that he was not Tenant of the Land the day of the note levyed for this Writ lyeth against none but him which is then Tenant 8 H. 6. 15 Per quae servitia PEr quae servitia is a judiciall Writ issuing from the Note of a Fine and lyeth for the Cognisee of a Mannor seigniory chief Rent or other services to compell him that is Tenant of the land at the time of the note of the fine levyed to atturn unto him 43. E. 3. 8. H. 6. 17. Pl. 46. B. which is made thus The Writ OLiver c. To the Sheriff of K greeting Wee command you that you cause to come before our Justices at Westminster tali die S F. R L. c. at L. c. to acknowledge by what services they hold their Tenements with the appurtenances in B. which services E. L. in our Court before our Justices at Westminster hath granted to W. B. by a Fine there thereupon between them made And have you there this Writ Witnesse c. If the Lord grant the services of his Tenant by Fine or otherwise the Lord before Atturnment shall have such things as lye in prender as the Ward of the body of the heir and of the Land escheats c. but not such things as lye in render as Rents and relief Herriots and other services for he cannot avow for them before the atturnment If a man grant the services of his Tenant for life This Writ lyeth Br. per quae servitia 13. Vpon a grannt for life If services be granted to I. S. for life the reversion to N.
N. and I. S. dye before atturnment he in reversion shall have per quae servitia 20. H. 6. 7. If per quae servitia be brought against divers of which some only appear they are compellable to atturn 21. E. 3. 48. T. 32. E. 3. Vpon whose alienations the Tenant is not compellable to Atturn If Tenant in Taile of services levy a Fine Tenant in taile thereof the Tenant of the Land is not compellable to atturn 48. E. 3. 23. Because that if the Cognisor die the Tenant is subject to the distress both of the Cognisee and of the issue in taile 24. E. 3. 25. 43. E. 3. Nevertheless upon a Fine with Proclamation in such case which barreth the issue in taile the Tenant seemeth compellable to atturn Cognisor never seised If a Fine be levyed by him that was never seised of the services the Tenant is not compellable to atturn H. 6. E. 2. To a particular Tenant If the Tenant for life or any other particular Tenant of services which have them not in fee levy a Fine thereof the terr Tenant is not compellable to atturn Itin. North. 3. E. 3. Joynt Tenant If one joynt tenant a seignory grant c. the Tenant is not compellable to atturn 9. E. 2. Against whom a per quae servitia lyeth and whom not Terre Tenant It lyeth against him only that is Tenant of the Land at the time of the note of the Fine levyed 8. H. 6. 17. 18. E. 4. 10. And therefore must not vary from the Fine 18. E. 4. 10. 25. E. 3. 3. 35. E. 3. 50. And therefore it seemeth that if he which is Tenant at the levying of the note dye or alien before Atturnement had that neither his heir nor the alienee is compellable to atturn H. 26. E. 3. 56. 18. E. 4. 25. E. 3. 50. 10. yet this atturnment is good ibid. M. 31. E. 3 A recluse A prioresse recluse is compellable to atturn 43. E. 3. and an Infant 26. E. 3. 62. and a man only dumb by writing or sgines 26. E. 3. 62. But a man surde mute is not compellable Mute Deaf to atturn 26. E. 3. 62. Madness T. by curtesie Late Feoffment Nor a man non sanae memoriae as a mad man a lunatick an Ideot 26. E. 3. 62. Nor a Tenant by the curtesie for the feebleness of his estate 9. E. 3. 31. He that is infeoffed by the Lord post stat qui emptores c. is not compellable to atturn for he holdeth of the Lord Paramount 39. E. 3. 19. Quantity The Writ of per quae servitia ought to shew the quantitie of the Tenancy H. 14. E 3. for it is traversable T. 20. E. 3. H. 26. H. 6. All persons that may be Cognisees may have this Writ County Per quae servitia ought to be in the County where the Fine is knowledged albeit the Manor be in one County and the services in another County 21. E. 3. 18. Nonsuit Nonsuit in this action is not peremptory 24. E. 3. 25. nor the death of the Cognisor after the note levyed Time Per quae servitia lyeth a year or more after the note levyed 29. E. 4. 46. Atturney After peremptory issue joyned the Tenant in per quae servitia may make Atturney for if the issue be tryed against him it doth countervail atturnment and then he may be distrained before Atturnment 48. E. 3. 24. 39. E. 3. 26. Non tenure Non tenure the day of the Note levyed is a good barr in Per quae servitia 8. H. 19. 21. H. 4. 72. Former grant It is also a good plea that before the note levyed the Cognisors granted the services to another and that he thereupon did atturn 9. E. 3. 31. The Tenant in per quae servitia cannot disclaim Disclaime but may plead non tenure ut supra 21. H. 4. 72. Process after Judgment After Judgment process is Distringas ad Atturnandum 4 E. 3. 2. E. 3. 9. 5. E. 4. 2. Atturnment with an exception If the measne levy a Fine of his mesnaltie to A. for life the remainder to B. in fee. A. bringeth a per quae servitia and the Tenant atturneth saving his Acquitaile yet shall not he in the remainder avow before he also acknowledge the acquitaile 18. E. 4. 7. Feme Covert But a Feme Covert cannot confess acquitaile in per quae servitia because she is not examinable in this suit 9. E. 2. 45. E. 3. Acquitaile And the Tenant may atturn saving acquitaile and warrantie according to a Deed thereof M. 15. E. 3. 5. 5. H. 5. E. 3. Itinere North. Seisin A man may grant services before he have seisin thereof in Deed H. 5. E. 2. Fitz. per quae servitia 22. A Manor It seemeth upon the grant of a Manor cum pertin the services pass without attornment as parcell of the Manor and that the Lord may avow without Atturnment 26. H. 6. Fitz. per quae servitia 21. Fine Imprisonment If the Tenant in per quae servitia appear and confess the Action at the distringas ad atturnandum after Judgment and will not atturn he is punishable by imprisonment or Fine at the discretion of the Court as it seemeth 3. E. 3. Itiner North. Fitz. per quae servitia 17. Essoine Coperceners Joynt-tenants and Tenantsin Common may not fourch by essoine to essoine severally but have only one essoine as one sole Tenant might have w. i. c. 43. E. 3. E. 1. Rast essoine 4. Of the ingrossing of Fines VVHen the note of the Fine is made with the Custos brevium if it be of Lands in possession or when Atturnment is made if it be of a Reversion Remainder Rents or services then may it be ingrossed by the Chirographer Ingressing And the ingrossing of a Fine is nothing else but the entry of the Concord thereof with the Chirographer and the writing and delivery of the Indentures thereof F. N. B. 147. a. 5 H. 4. c. 14. which be called the Chirograph of the Fine and is made in form following viz. Fine in tail of the reversion of the Rent This is the finall Concord made in the Court of the Lord Protector at Westminster from the day of Easter in 15. daies In the year of our Lord God 1653. before O. L. R. W. and T. B. Justices of the Lord Protector and other faithfull then there present between A. B. Plaintiff and L. C. deforcient of ten Marks Rent with the Appurtenances in B. which P. D. of A. holdeth for term of his life whereof plea of Covenant was Iummoned between them in the same Court that is to say that the aforesaid L. hath granted for himself and his Heirs that the aforesaid Rent with the appurtenances which the aforesaid P. holdeth for Term of his life by the demise of the aforesaid L. in the
son which is Heir to his Brother he shall have new five years after he come to his full age because he is the first to whom the right descended after the Proclamation by reason of the discent which was before them Plo. f. 374. b. But if an Estranger to a fine to whom a remainder or other title first accrueth after the fine do not pursue hls right within five years he and his issue are barred for ever 16 H. 8. Dyer f. 3. pl. 6. And in like manner if the first issue in tail to whom the title of the intail first accrueth neglect his five years the whole estate tail is thereby bound for ever 32 H. 8. Br. fines 100. If he which abateth after the death of a tenant in Fee make a Feoffment upon condition and the Feoffee levy a fine and five years after Proclamation pass without entry or claim made by his Heir the Heir is barred But if afterwards the condition be broken and the abator therefore enter then the Heir may have an Assise of Mort dauncester against the abator or entry upon him at any time and he hath no defence For if he plead in bar of the assise the Fine levyed to the Cognisee and that he hath his estate the speciall matter of the abatement condition and reentry may be pleaded in defence thereof for he can never challenge priviledge by the estate of the Cognisor which he himself defeated Plo. fol. 358. b. 7 Eliz. Of Estrangers having no right for any cause before the Fine BUt Estrangers to Fines having neither present nor future right c. at the levying thereof by reason of any matter had before the fine whose right groweth either intirely after the Proclamation or partly before or partly afrer may enter or claim when they please within the time of the prescription As if the Father die seised his eldest son being professed and the younger son entreth and is disseised and a Fine with Proclamation levyed and after the elder son is deraigned it seemeth he is bound to no time Plo. f. 337. a. Dower So if the husband levy a fine of his own Lands whereof his wife is dowable and die and five years pass after his death she is not barred of her dower because her title to be endowed accrued after the fine levyed namely by the death of her husband for before his death she had only possibility of dower and not any right title or interest thereunto Plo. fo 373. And if a Tenant cease one year and then a Fine with Proclamation is levyed And afterwards a Tenant ceaseth another year the Lord may have his cessavit per biennium 20. years after the Proclamation made because his right and title groweth partly before the Fine and partly after the fine levyed that is at the end of the two years of his Tenants ceasser Plo. fo 373. b. Of Estrangers having divers future rights by divers Titles BUt if Estrangers to Fines have severall future rights by divers titles growing at severall times it seemes that they shall have several five years to make entry or claim commencing from such time as their severall titles first accrue unto them As if tenant for life the remainder in Fee make a Feoffment in Fee And the Feoffee levy a fine with c. and he in the remainder suffer the first five years to pass he is by his laches barred of his entry for the forfeiture growing by the alienation of his tenant during his tenant for life because he had present right at the levying of the fine to enter for the same yet if after the tenant for life do dye he hath other five years to bring his Formedon in remainder because that is a new title or right by which he could not have his Formedon during his tenant for life And he had his election to take advantage of the forfeiture or not Plo. f. 573 b. Quaere for there â—atlyn thinketh otherwise because his right to the Land by the forfeiture accrued to him in the life time of his tenant for life If I. S. be tenant pur auter vie the remainder to another for life the remainder to the same I. in Fee and I. S. is disseised and the disseisor levyeth a Fine with Proclamation and the five years pass I. S. is bound for his future and present estate for life But if cesuy qui vie and he in the mean remainder die now I. S. shall have other five years to enter for his remainder in Fee for it then first remaineth unto him by the death of him in the mean remainder and cesuy qui vie for cause grown wholly before the fine that is the State so made before which is another title Plowden 367. h. per Welsh and divers Justices Plo. 367. b. In like manner if Land be given to I. S. for the life of A. the remainder to him for the life of B. the remainder to him for the life of C. and he is disseised and the disseisor levyeth a fine with Proclamation now I. S. for his present right hath five years by the first Saving of the St. 4 H 7. ca. 24. And five years after the death of A. by the second Saving which is of future right and other five years after the death of B. for his second remainder for quando duo Jura in una persona concurrunt aequum est acsi essent in diversis Plo. 368. a. If any man disseise a feme sole and after marry her and have issue by her and the Baron is disseised before marriage or after and a fine with Proclamation levyed first the Baron and after the feme die within five years the issue being of full age the five years past he is thereby bound as Heir to his Father but hath other five years after the death of his Mother to enter for albeit it is but one self same Land yet the Heir hath severall rights thereunto growing at severall times the one as Heir to his Father the other as Heir to his Mother in regard whereof he hath severall times Plow 367. b. So if the husband maketh a Feoffment of his wives Lands upon condition which is broken he levyeth a fine which c. the husband hath issue by his wife and dieth the first five years pass and then the wife dieh the Heir is barred of his entry for the condition as Heir to his Father but shall have five years after the death of his Father to claim c. because it is a title differing from that which did descend from his Father accruing to him first by the death of his Mother Plow 167. a. Estrangers to Fines having neither present nor future right to the tenements in the Fine at the levying thereof but only unto rents common c. issuing out of the same ANd Estrangers to fines having neither present nor future right to the tenements in the fine but to something in or issuing out of the same seem
not barrable at all by any such fine or non-claim As if a Tenant in ancient demesne levy a fine with c. at the common Law of his Land in ancient demesne the Lord in ancient demesne may have his Writ of deceipt and thereby avoid the fine at any time and thereupon his Tenant shall be restored to the Land because the Lord claimeth not the Land whereof the fine is levyed but his ancient Seigniory and services issuing out of the same Plo. 370. b. It seemeth such fines do not bar such estrangers as have Rent Common way Estovers nor any such charge out of the Land for it seemeth that these fines extend only to bind the estate title right claim entry and interest in and to the Land and no profits to be taken out of the Lands nor to take any power given to executors or others to sell the Land Br. tit Fines 123. Pleas to avoid Fines IT is a good Plea to say That I. S. was seised tempore levac and before the fine levyed without that that the parties in the fine had any thing therein at the time of the fine levyed 9 H. 4. 27. 3 H. 6 27. Or to say that the parties to a fine had nothing c. but A. B. whose estate he hath And of this he putteth himself upon the Countrey 33 H. 6. 18. 26 H. 6. f. 9. 42 E. 3. 20. 4 H. 4. 8. 14 H. 4. 33. 4 H. 7. c. 24. If there be two R. D. of one name and the one levy a fine of the Land of the other the other may avoid the fine by pleading that there be two of one name and the other R. D. levyed the fine and not he And in lâ—ke manner if any stranger levy a fine in the name of another that is owner of the Land 34 H. 6. 19. Contr. ten 19 H. 6. 44. because it is a matter of record therefore he hath no other remedy in such case but an Action of deceipt Neither parties to fines not their Heirs may plead in avoydance thereof that before the levying and at the levying of the same and since the demandant or plaintiff or their Heirs were alwayes seised of the Lands contained in the fine or parcell thereof St. de finibus 27 E. 1. ca. 1. 12 E. 4. 15. and 19. yet by Fairfax if tenant in tail the remainder in Fee levy a fine sur cogcognizance de droit come ceo c. he in the remainder may aver the continuance of possession notwithstanding the fine and Statute because he is neither the party nor his Heir and so may a feme covert where her husband sole levyeth the fine 12 E. 4. 12. The issue in tail may aver continuance of possession against a fine sur cognizance de droit tantum or surrender but not against a fine sur cognizance de droit come ceo que il ad de son done because that fine is executed and the other executory 12 E. 4. 15. and 19. 11 H. 4. 85. Of a Writ of Error A Writ of error to reverse a fine lyeth where there is error in any fine and thereby not the record of the fine it self shall be removed but the transcript thereof upon which transcript of the note of the fine the plaintiff may assign his errors And if the Justices think that the point assigned for error is error they may send for the note of the fine and reverse the same F. N. B. f. 20. f. As if a Baron and Feme levy a fine to an estranger the feme being within age they may have a Writ of error to reverse the fine for this cause during her non-age F. N. B. 21 d. 27. ass pl. 17. 50. E. 3. 4. And when a fine is to be reversed by error the course is for the plaintiff in the Writ to have severall Writs of error one directed to the chief Justice of the Court of Common Pleas to certifie the Record and Process of the fine another unto the Custos brevium of the same Court to certifie the transcript of the foot of the fine and the third unto the Chirographer to certîfie the transcript of the record and process of the fine the severall forms whereof he as followeth A Writ of Error directed unto the chief Justice of the Court of Common Pleas. OLiver c. To his beloved and faithfull E. A. Knight greeting Because in the Record and Process and also in the levying of a certain fine in our Court before you and your Associates our Justices of the Bench at Westm in eight dayes of Saint Michael last past by our Writ of Covenant between I. G. the Elder Esquire M. his wife and I. G. the younger Gent. plaintiffs and G. H. deforcient of the Manor of G. with the appurtenances and of one Messuage 15. Cottages 15. Tofts 4. Barns 15. Gardens 2. Orchards 200. Acres of Land 80. Acres of Medow 100. Acres of Pasture 6. Acres of Wood 300. Acres of Moor and Common of pasture for all manner of Beasts with the appurtenances in G. in the County of York levyed manifest error hath intervened unto the great damage of him the said G. as by his plaint we have received we willing in this behalf that the error if any shall be may in a due manner be corrected and to the same G. full and speedy Justice be done we command you that the Record and Process of the fine aforesaid with all things concerning the same which in your custody are as it is said to us under your Seal distinctly and openly ye send and this Writ So that we may have them in eight dayes of Saint Hillary wheresoever then we shall be in England that looking into the Record and Process of the fine aforesaid we may thereupon cause further to be done for amending that error that which of right and according to the Law and custome of our Common-wealth of England ought to be done c. A Writ of error unto the Custos brevium of the Court of Common Pleas. OLiver c. To his beloved T. S. Esquire Keeper of his Writs of the Bench greeting Because in the Record and Process and also in the levying of a certain fine in our Court of the Bench at Westm in eight 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 that the transcript of the foot of the fine aforesaid with all things concerning those which in your custody are as it is said to us under your Seal c. that looking into the transcript of the foot of the fine aforesaid c. A writ of error unto the Chirographer of Fines OLiver c. To his beloved T. C. Esquire his Chirographer in the Bench greeting Because in the Record and Process and also in the levying of a certain fine in our Court of the Bench at W. in eight
now in of a new estate Fitz. Nat. fo 135. a. So if A. disseise B. and enfeoffe C. with warranty who infeoffeth D. with warranty upon whom an estranger entreth in whose possession B. the disseisor releaseth his right now all former warranties are extinct And albeit D. is impleaded yet shall he not have warrantia Chartae because he is in of another estate by wrong Fitz. Nat. 135. g. 11 H. 6. 41. 22 H. 6. 22. Release by Jointenant If there be three joynt tenants and the one release to the rest they may deraign the former warranty by vowcher or warrantia Charitae for they be in a 3. part by the release 40 E. 3. 41. Villenage Warrantia Chartae lyeth against a villain 48 E. 3. 17. The Writ of Warrantia Chartae must be sued hanging the principall Plea and before Judgement as of Assise or Entry in the nature of assise 48 E. 3. 2â— Registr orig fo 158. a. for then if the warranter do die yet the Writ shall not abate but his Heir shall be resummoned to answer upon the same yet may a warrantia Chartae be sued before he be impleaded quia timet implacitari and the plaintiff shall recover in value pro loco tempore of such Lands as the defendant had at the purchasing of the Writ Fitz. Na. f. 134. E. 12 H. 4. 12. 21 H. 6. 41. 22 H. 6. 22. 24 E 3. 35. But he must not have execution but if afterwards he be put out by Judgement he shal have his warranty upon his first recovery 21 H. 6. 41. 21 H. 6. 22. 12 H. 4. 12. Non tenure In warrantia Charitae it is a good Plea for the defendant that hanging the Plea the demandant in the principall Plea hath entred upon the plaintiff being then tenant of the Land or that the plaintiff in this action had nothing in the Land the day of the first Writ purchased nor at any time after 21 H. 6. 49. 3 E. 3. 4. 5 E. 3. 5. County Warr. Chartae may be brought in any County if the deed bear not date in a place certain 31 E. 3. Tenant in Common Tenants in Common may joyn in Warrantia Chartae 28 E. 3. 90. Count by Baron Feme upon a fine with warranty I. H. Son and Heir of Isabel which was the wife of R. was summoned to answer I. T. and I. his wife of a Plea that they warrant to them one Messuage with the appurtenances in S. which of him he holdeth and of him claymeth to hold and whereof the Charter of Isabel Mother of the aforesaid I. H. whose Heir he is he hath c. and whereof c. he saith that a certain fine he levyed in the Court of the Lord Protector now in 8. dayes of Saint Hillary in the year c. before T. B. and his Associates then Justices of c. of the Bench between them the said I. T. and I. plaintiffs and R. of B. and the aforesaid Isabell then his wife deforcients of the Messuage aforesaid with the appurtenances among other Lands and tenements by Inter alia per nomen the name of c. with the appurtenances in S. in the County aforesaid by which fine the aforesaid R. and I. have granted for themselves and the Heirs of him the said I. that 4. Acres of land A fine of the reversion with the appurtenances of the aforesaid tenement which G. and M. his wife held for term of the life of her the said M. of the inheritance of the aforesaid Isabel in S. aforesaid the day that this Concord was made and which after the decease of her the said M. unto the aforesa R. and I. and the Heirs of her the said Isabell ought to have reverted after the decease of her the said M. wholly should remain to the afore-I and I. and his Heirs aforesaid to hold together with the aforesaid tenement which to them by that fine remained of the aforesaid R. and Isab and the Heirs of her the said I. by the aforesaid services as aforesaid for ever And Tail the same R. and Isab likewise have granted for themselves and the Heirs of her the said I. that they would warrant to the aforesaid I. and I. and their Heirs the aforesaid tenements with the appurtenances as aforesaid against all men for ever And if it should happen that the same I. and I. should die without Heirs of their bodies issuing then after the decase of them the said I. and I. the aforesaid tenements with the appurtenances as aforesaid should wholly revert unto the aforesaid R. and I. and the Heirs of her the said I. quite from other Heirs of the aforesaid I. and I. to hold of the chief Lords of that Fee by the services which unto the aforesaid tenement do belong for ever and the aforesaid R. and I. afterwards died whereby unto them the said I. T. and I. belonged to have of the aforesaid I. H. as son and heir of him the said I. his warranty aforesaid And one I. R. arraigned a certain assise of novell disseisin before T. W. and I. Justices of the Lord Protector now at the Assizes in the County aforesaid assigned to be taken against them the said I. T. and I. of the aforesaid tenementse and the same I. T. I. have often required him the said I. H. as son and Heir of her the said Isab to warrant to the same I. T. and I. the aforesaid tenements and the same I. H. those tenements so to warrant hath denyed and as yet doth deny whereupon they say that they are the worse and have damage unto the value of 100 l. And thereupon they bring sute c. A Count upon a deed with warranty I. T. was summoned to answer H. W. of a Plea that he render to him one Messuage c. with the appurtenances in B. which of him he holdeth and of him doth claim to hold and whereof he hath his Charter and whereupon c. he saith that whereas the aforesaid I. was seised of the tenements aforesaid with the appurtenances in his demeasne as of Fee and so thereof being seised by his certain Charter which the same H. here in the Court bringeth forth the date whereof at B. tali die Anno. c. did give grant and confirm to the same H. the Tenements aforesaid with the appurtenances Inter alia per nomen amongst other Lands c. by the name as in the Deed c. to have to the same H. His Heirs and assignes for ever and did bind himself and his Heirs to warrant to the same H. his Heirs and Assignes the tenements aforesaid with the appurtenances against all men for ever And the same H. by virtue of that gift oâ— the tenements aforesaid was seised in his demeasne as of Fee and one T. arraigned against him the said H. an assise of novel disseisin of the aforesaid Messuage and Lands with
singular their appurtenances to the aforesaid E. B. his Heirs and Assignes to the sole and proper use and behoof of him the said E. B. his Heirs and Assignes for ever as by the aforesaid Indenture more fully appeareth and whereas also the same W. afterward by the name of W. C. of I. in the County of N. Esquire otherwise called W. C. of W. in the County of S. Esquire together with his aforesaid Brother C. C. of Lincolnes Inne in the County of M. Gent. by a certain Indenture between the aforesaid W. C. of the one part and the aforesaid E. B. of Lincolnes Inne in the County of M. Gent. of the other part made bearing date the 19. day of October in the year c. also bargained and sold to the aforesaid E. all the Lands Woods and Woodlands and other hereditaments under-written by whatsoever name or whatsoever names they are called reputed or known viz. all those Lands called S. otherwise called Q. otherwise called great Q. and the Brome otherwise S. and the Brome and all other Lands and hereditaments whatsoever containing by estimation 15. Acres whether it be there accounted more or less by whatsoever name or whasoever names the same he called reputed or known now or lately in the tenure or occupation of the same T. B. by the demise of one I. C. of I. aforesaid Esquire then lately dead which said parcels do lie and are in E. in the County of R. And all those Lands now or lately in the tenure or occupation of one P. W. of E. in the aforesaid County of R. lying and being in E. aforesaid by reason of a demise to the same P. made by the aforesaid I. C. containing by estimation five Acres whether it be accounted more or less and also all those Lands now or lately in the tenure or occupation of one I. I. by the demise of the aforesaid I. C. to the same I. I. made containing by estimation 48. Acres whether it be esteemed more or less lying and being in divers severall parcels in E. aforesaid whereof some parcels are called or known by the name of P. otherwise called B. some other parcels thereof are called or known by the name of R. one other parcell thereof is called or known by the name of S. Dame And also all those Woods and Woodlands below specified viz. E. W. containing by estimation two Acres whether more or less it be there esteemed the woodland lying at knowel gate in E. aforesaid containing by estimation one Acre and three rods whether it be more or less there esteemed all which are lying and being in E aforesaid to have and to hold all the aforesaid Lands Woods and Woodlands and all other the premises with all and singular their appurtenances to the aforesaid E. B. his Heirs and Assignes to the sole and proper use and behoof of him the said E. B. his Heirs and Assignes for ever And whereas also the same W. together with the aforesaid C. his Brother afterwards to wit in the Court of c. here at Westminster in eight dayes of Saint Michael in the year c. in part of fulfilling of the grants and covenant in the aforesaid Indenture specified recognized all the aforesaid Lands Woods and hereditaments with their appurtenances by the name or names of 54. Acres of Land 40. Acres of pasture and 6. Acres of Wood with the appurtenances in E. aforesaid to be the right of the aforesaid E. B. as those which the same E. B. then had of the gift of the aforesaid W. and the aforesaid C. his Brother and those then he remised and quite claimed from himself and his Heirs to the aforesaid E. and his Heirs for ever and the aforesaid W. by the same writing here in Court brought forth then approved ratified and confirmed to the same E. B. in his full and peaceable possession and seisin of the premises being all his right title estate and Interest of and in the premises all which Lands aforesaid pasture woods woodlands and all and singular other the premises with all and singular their appurtenances to the aforesaid E his Heirs and Assignes to the sole and proper use and behoof of him the said E. his Heirs and assignes for ever And hereupon the aforesaid W. C. by that writing did oblige himself and his Heirs to warrant to the same E. his Heirs and assignes for ever all the aforesaid lands woods and woodlands all other the premâ—ses with their appurtenances against all men for ever as by the aforesaid writing here in Court produced more fully it appeareth And the same E. saith that the aforesaid tenements in the Writ aforesaid specified are the same tenements mentioned in the aforesaid writing here in Court produced and no other nor divided and that one H. R. of the tenements aforesaid with the appurtenances in form aforesaid being seised prosecuted against him the said E. B. a certain Writ of the Lord Protector of entry upon disseisin in le quibus of the tenements aforesaid with the appurtenances whereby the same F. hanging that Writ hath often hitherto required the aforesa W. C. that he the tenements with the appurtenances to the same E. would warrant and the same W. the aforesaid tenements with the appurtenances to the same E. 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 300 l and thereupon he produceth sute c. And the aforesaid W. C. by T. B. his Atturney commeth and desendeth the force and injury when c. and saith that he cannot deny the action aforesaid of E. aforesaid nor but that the aforesaid writing here in Court produced is the deed of him the said W. C. nor but that he by the same writing hath confirmed to the aforesaid E. the tenements aforesaid with the appurtenances nor but that he the aforesaid W. by that writing is held to warrant the tenements aforesaid with the appurtenances to the same E. in form as the same E. above against him hath declared Therefore it is considered that the aforesaid W. C. do warrant to the aforesaid E. the tenements aforesaid with the apputenances for place and time c. And nothing of mercy of him the said W. because he came the first day by summoners c. Hil. 13. Ro. c. let the like entry be made against C. C. mutatis mutandis F. W. Gent was summoned to answer W. R. of a Plea that he warrant to him eight Messuages of 6. Gardens 3. Orchards 4. Acres of Land 6. Acres of Meadow and 2. Acres of Pasture with the appurtenances in B. and B. which he holdeth and of him claimeth to hold and whereof he hath his Land c. And whereupon the same W. by W. C. his Atturney saith that the aforesaid E. was lately seised of the tenements aforesaid with the appurtenances in his demesne as of Fee and so thereof being seised the same F.
as at any time had been in the first or second vouchee or any of them or either of their ancestors whose Heirs he or they are of such estate and as well of every reversion thereon dependant as also of all Leases Estates Charges and Incumbrances derived out of any such reversion or remainder Of What things Writs of Entry may be brought and by what means PRecipe quod reddat lyeth of one Acre of Land covered with water or of an Acre of Land 12 H. 7. f. 4. of a water pit 10 Ed. 3. and 14. E. 3. 482. Fitz. Nat. br fô 191. H. and of a passage beyond the water Fitz. Na. br fo 191. I. of a Bailywick 34 E. 3. 423. of an office 27 H. 8. f. 12. of the Advowson of a Church or of the fourth part of Tythes 34 E. 3. of a Portion of Tythes Dyer fo 84. pl. 83. of a certain parcell of Land Dyer fo 84. pl. 83. of the wardship of Land and of an Heir or of the wardship of Land Register 161. 22 E. 3. fo 19. Precipe quod reddat lyeth of all manner of Ecclesiasticall or spirituall profits as of a Rectory Vicarage Portions Pensions Tithes c. by the Statute of 32 H. 8. cap. 7. of all and all manner of Tythes greater mixt and lesser within the Town Hamlet of B. in the County of A. by whatsoever mean growing hapning and yearly renewing c. Thel li. 8. ca. 9. 8. 2. of the fourth part of disines and offerings of the Church of S. P. c. 16 E. 3. In old time de hida terrae per Glanvile de carucatu terrae 4 E. 3. 161. de bovat terrae 6 E. 3. 291. of 6. foot of Land in length and four foot in breadth 14. Ass 13. A Precipe quod reddat lyeth of a Toft and of the scite of a Mill 14 E. 3 of the Hundred of C. and of the Bailywick of B. 34 E. 1. 3 E. 3. of pasture for 6. oxen 3 E. 3. fo 23. 4 E. 2. of a Rod of Land 3 E. 5. of an Advowson 34 E. 1. of a certain portion of Land 11 H. 4. fo 40. 5 H. 7. fo 9. of the moiety of one Rod of Land 41 E. 3. of a Shop Registr fo 2. a. of 4. Acres of Heath 11 Ass 13 of turbary by the name of More 8 E. 3. fo 387. and it lyeth in a Town and not in a Hamlet 8 E. 3. fo 55. 7 E. 3. 3. 6. Of what things a Writ of Entry lyeth not A Praecipe quod reddat lyeth not of a ditch nor of a Pool nor of a Fish-pond 8 E. 3. 381. nor of the Advowson of the Tythes of one wayn-land Registr fo 29. nor of Common of pasture 27 H. 8. fo 12. of estovers 2 E. 3. of Homage and Fealty nor of services to be done 6 E. 2. A Praecipe quod reddat lyeth not de Boveat Marisci 13 E. 3. fo 3. of a ridge of Land E. 1. for the incertainty because a felon or a ridge which is a Land sometime containeth an Acre sometime half an Acre sometime more and sometimes less It lyeth not of a Garden Cottage or Croft 14 Ass 13. 8 H. 6. 3. 22 E. 4. 13. of a Rod of Land 41. 43. 13 E. 3. of a Quarrey of a Mine of a Market 13 E. 3. for they lye not in demesne but in gain nor of an upper Chamber 3 H. 6. fo 1. A Writ of Entry ought not to contain one self thing twice as a Messuage and a house parcell of the same Messuage 3 E. 4. fo 28. 46 E. 3. 26. Nor to name a Town and a Hamlet within the same Town 22 E. 3. fo 14. 41 E. 3. fo 22. In every warrant of Atturney it is good to put two Atturneys at the least for fear of death In a County Palatine as Lancaster Duresme Chester c. may be put in a warrant one Atturney and one of the Justices Clerks If the Writ of Entry be returnable Crastino Martini the Writ of Summons ad warr thereupon must bear teste from that return of Crastino Martini and be returnable 9. returns after the return of the Writ of entre inclusive that is accounting Crastino Mar. for one of the 9. returns tres Paschae which is the 9. return after Crasti Martini for another And the Teste of the Writ of seisin must be the day of that ninth return and be returnable 15. dayes after Then the Writ of seisin may be retutned that seisin was delivered by virtue thereof to the demandant by the Sheriff of the County where the Lands lye upon any day not being Sunday between the Teste and return of the said Writ of seisin Then the Writs of Entre Summons and Seisin must be returned and field with the Custos brevium and the Judgement entred by the Prothonatory and the warrants of Atturney by the Clerk of the warrants If a single Recovery and a Fine be against the tenant the Writ of Entry must bear date and teste before the Writ of Covenant and be returned before If a Writ of Covenant be brought against the tenant and a Writ of Entre against the demandant then the Writ of Covenant must bear date and be returned before the Writ of Entre and this is called a double voucher A Certiorari to the Executor of the Justice before whom the warrrants were acknowledged OLiver c. to his beloved I. R. executor of the testament of Fr. R. lately one of our Justices of the Bench greeting We being willing for certain causes to be certified as well upon a certain warrant of Atturney by which H. S. did put in his stead W. B. and R. C. joyntly and severally against R. P. otherwise W. and R. H. of a Plea of Land in the County of E. as upon one other warrant of Atturney whereby H. L. and I. L. whom the aforesaid H. S. called to warranty did put in their places A. B. and F. R. joyntly and severally against the aforesaid R. and R. H. of a plea of Land in the said County of E. by the aforesaid F. R. lately taken and in your Custody being by reason of the execution of the testament aforesaid as it is said We command you that the warrants aforesaid to our Justices of the Bench at Westminster under your Seal distinctly and openly without delay you send and this Writ that the same Justices looking into the warrants aforesaid further in our Writ of Entre hanging before our aforesaid Justices at Westminster between the aforesaid R. and R. H. and the aforesaid H. and S. of one Messuage c. with the appurtenances in T. and D. in the County aforesaid and process thereof may cause to be done that which of right and according to the Custome of our Commonwealth of England ought to be done witness my self at Westminster the day of 〈…〉 in the year c. It is returned thus THe answer of the within named
Rent aforesaid with the appurtenances as by that writ to him it was commanded c. all and singular which things at the request of the aforesaid R. and R. by the tenour of these presents we have drawn to be exemplified In Testimony of which thing our Seal unto the writs in the Bench aforesaid appointed to be Sealed to these presents we have caused to be put Witnesse c. A Dedimus Potestatem to take knowledge of a warrant of Atturney of the Vouchee OL. Lord Protector to his beloved and faithfull Ra. Ro. Serjeant at law greeting whereas our writ of entry upon Disseisin in le post dependeth before the Justices of the Bench between W. S. and R. C. Gent. Demandants and G. T. Knight Lord T. Deforcient of the Mannor of W. with the appurtenances and of one Messuage 200 acres of Land 60 acres of Meadow 100 acres of Pasture 100 acres of wood 50 acres of Moor and 5 s. Rent with the appurtenances in W. and L. in the County of Salop and the aforesaid G. in our full Court there before our Justices aforesaid appearing called W. C. to warrant to him the Mannor aforesaid with the appurtenances whereuppon then and there issued forth our Summons ad warrantizandum to the Sheriffe of the County aforesaid directed against the same W. C. returnable before our Justices aforesaid in 15 daies of St. Hillary next to come And because the aforesaid W. C. is so impotent of himself and worn with age that unto VVestminster before our Justices aforesaid at the day in our said writ of Summons ad warrantizandum contained to travail is not sufficient as we have been informed We pittying the estate of the same W. in this behalf have given you power and full authority to receive the Attorney or Attorneys which the same W. C. shall constitute or put in his place before you to the warranty to be called to gain or lose in the Plea aforesaid before our Justices aforesaid and us thereof in our Chancery of the name of such Attorney or Attorneys to certifie And therefore we command you that unto the aforasaid W. C. if he be not well able to travail to you ye personally goe and his Attorney or Attorneys joyntly or severally in form aforesaid ye receive and when that Attorney or those Attorneys ye shall so receive us in our Chancery in 15 days of Saint Hillary wheresoever then we shall be under your Seal ye duly certifie sending back this writ to us T. c. It is returned thus The answer of the within named R. R. unto this writ The execution of this Writ appeareth in a certain Schedule to this Writ annexed R. R. Salop ss COmmand G. T. Knight Lord T. that justly c. he render to W. S. and R. the Mannor of W. with the appurtenances and one Messuage c. as above in the Dedimus potestatem verbatim with the appurtenances in W. L. which he claimeth c. Salop ss BEing called to Warranty doth put in his stead A. B. and F. R. joyntly and severally against W. S. and R. C. in a plea of land Taken and knowledged at Firbeek in the County of Salop the tenth day of February In the year of our Lord 16â—4 A Dedimus potestatem of receiving an Atturney in a writ of Entry super disseisinin le post for the Tenant THe P. to his beloved and faithfull H. W. Knight greeting Whereas by our Writ of Entry upon Disseisin in the post hanging before our Justices of our Common Bench between H. D. and T. H. of 20 acres of land 3 acres of Meadow and 12 acres of Pasture with the appurtenances in M. in the County of N. And because the same T. is so impotent and worn out with age that without very great danger of his body before our Justices aforesaid at the day in our said Writ contained he is not well able to travell as we have been informed We godlily pitying the state of the same T. in this behalf have given you full power and authority to receive the Attorney or Attorneys joyntly and severally which the same T. to gain or lose in the plea afotesaid before our Justices aforesaid in his stead before you he shall will to constitute or put and us thereof in our Chancery of the name of such Attorney or Attorneys duly to certifie And therefore we command you that unto the aforesaid T. if he be not well able travel unto you you personally goe and his Attorney or Attorneys joyntly and severally in form aforesaid ye receive And us in our Chancery of the name of such Atturney or Atturneys of him the said T. in the Morrow of Saint J. next to come wheresoever then we shall be under your seal duly ye certifie returning to us this Writ T. the 25 day of April in the year of c. It is returned thus The answer of the within named H. W. unto this Writ The execution of this Writ appeareth in a certain Schedule to this Writ annexed H. W. Nott. ss COmmand T. H. that justly c. he render to H. D. 20 acres of land c. as above in the Dedimus potestatem verbatim with the appurtenances in M. which he claimeth c. Not. ss T. H. Puts in his place A. B. and F. R. joyntly and severally against H. D. of a plea of land Taken and knowledged at Firbeeke in the County of Nott. the 10th day of February in the year of our Lord 1654 Another Writ of Dedimus potestatem to receive an Attorney for the Tenant upon the Writ of Entry THe PROTECTOR to his beloved and faithfull R. S. and W. B. greeting Whereas our Writ of entrie upon disseisin in le post dependeth before our Justices of the Bench between A. B. Knight Demandant and C. D. Esq Tenant of the 4th part of the Mannor of F. with the appurtenances and 800 acres of Land 20 acres of Meadow 220 acres of Pasture 300 acres of Wood and 40 l. rent with the appurtenances in F. aforesaid in the County of Essex And because the same C. is so impotent of himself and worn out with age that without very great danger of his body unto Westminster at the day in the said Writ contained personally to appear and to do and plead that which in the same then there should be expedient to be done he is not well able to travel as we have been informed We tendring the state of the same C. in this behalf have given to you and both of you joyntly and severally full power and authority to receive the Attorney of the aforesaid C. which the same C. personally before you or one of you against the aforesaid A. in the Writ aforesaid depending before our aforesaid Justices in his place shall will to put or constitute to call the Plaintiff to plead the warranty to gain or lose in that writ And therefore you and both of you joyntly and severally we command that
because such Fines execute the estate in the Cognisee forthwith But upon Fines executorie as Fines sur cognisance de droit only or sur grant rents may be reserved for upon those estates are executorie 5 E. 3. 50 39. It is requisite that either the Cognisor or the Cognisee be seised of the lands contained in the Fine at the very time of the levying thereof for if they be not the Fine is void 27 H. 8. f. 4. 22 H. 6. f. 47. 5. E. 3. Neverthelesse a Fine between the Vouchee and the Demandant is good by reason of the privitie which is between them for that he is as it were Tenant in Law 5. H. 7. f 41 8 H. 45. What persons may be Cognisees in Fines ALL lawfull subjects may take benefit by Fine whether they be of full age or within age or Femes Coverts or Ideots or men of non sane memorie imprisoned within or without the Realm or bodies Civil And if a Feme covert be Cognisee shee needeth not to be examined as appeareth before yet before a Fine be ingrossed for a Corporation a Writ ought to be directed to the Justices of the Common place quod permittant finem illum lavari Dyer f. 188. p. 9. and the like writ hath been used when Fines have been levied of lands holden in Capite Fitz. N. B. f. 147. A particular Tenant as Tenant in Dower by the Curtesie or for life cannot by Fine grant and surrender his estate to the owner of the reversion or remainder but he may by Fine grant and release the same 17 E. 3. f. 661. 14 E. 3. 20 E. 3. 24. E. 3. f. 26. Of what things Fines may be levied and of what not FInes may not be levyed of uncertain things and therefore they may not be of a Tenement 3 E. 4. f 19. 11 H. 7. f. 25. but of certain things they may be levyed as of a Messuage Toft Dovehouse Garden Land Meadow Pasture Wood Underwood Heath Moor Reeds Marish Willowes rent per Register f. 2. a of the Rectory of the Parish Church of M. and of the tithes of grain herbage and Hay to the same Rectory belonging c. or with all tithes of Corn Herbage and Hay to the same Rectory belonging Thel lib. 8. cap. 9. Sect. 2. de Rectoria 2 E. 3. of a furlong of land 4 H. 6. 14. of a passage of the water of T. of pasture for certain Oxen Sheep and other beasts and of a Common for all Cattle or for all manner of beasts or of free fishing free warren or of the advowson of the Church of D. or of any special service as of service of one Knights Fee one pair of gilded spurs or of service to find a man horseman or footman to go or to ride in the Army to Wales or Scotland c. of a Fishing 13 E. 3. of an office 27 H. 8. f. 12 of the profits of an office 12 E. 3. of an Advowson Register f. 165. of a Corody 18 H. 6. f. 20. of Chiminage 2 E. 3. f. 46. of the profits of a mill 18 E. 3. f 56. of a free rent in the Writ and in the Record That the aforesaid A hath recognised the aforesaid rent with the appurtenances together with the homage and the fealty to B. and his heirs of all the tenements which c. 1 E. 3. f. 1. and 5. of a frankfold 1 E. 3. f. 1. of a Fair and a Market 1 E. 3. f. 4. of a Franchise 1 E. 3. f. 4. of a Mine of lead and all kind of metal with the appurtenances c. Register f. 165. of the tith of the Herbage unto the Church of N. belonging Regist f. 165. of the advowson of the third part of the Church c. or of the third part of the advowson of the Church or of the moyety of the advowson of a Church 33. H. 6. f. 11. And generally in every case where a precipe quod reddat lieth and of diverse other things Fines may be levied for which consult the Reg. No Fine ought to be levied of lands in ancient demeasne and if any be levied it may be reversed by a Writ of disceit brought by the Lord of the ancient demeasne 21 E. 3. f. 20. and 17 E. 3. 7 H. 4. f. 28. and 44. 8 H. 4. f. 23. which will restore the Lord to his seignory But such Fine remaineth good between the parties to the same 8 H. 4. f. 24. By what names things may passe in Fines AN Honour may passe by the name of a Mannor or by his proper name as de honore de Tickhill or de Manerio de T. It sufficeth to demand a Mannor by his proper name without naming of the Town wherein it lyeth for it may be out of any Town or extend into several Towns and Countries as de Manerio de D. cum pertin yet it seemeth best to expresse all the several Towns into which it extendeth as de Manerio de S. cum pertinentiis in B. C. and D. 19 E. 4. f. 9. 43 E. 4. f. 9. a. Bracton lib. 4. cap. 31. S. 3. 9 E. 4. f. 61. 16 a. 17 b. 11 H. 7. f. 49. 9 E. 4. f. 3. a. 11 H. 7. f. 22. 6. A Castle or a hundred may be parcel of a Mannor and passe by the name of the Mannor whereof they be parcel 26 Ass 54. And some one Mannor may be parcel of another 2 E. 3. f. 56. And a Castle may be demanded by his proper name as de Castello de B. cum pertinentiis 1 E. 3. f. 4. An hundred may be demanded by it self as de Hundredo de S. 27 H. 6. f. 2. Messuagium is a dwelling house by the name of a Messuage may passe a Curtilage a Garden or Orchard a Dovehouse a Shop a Mill as parcel of an house Eract lib. 5. cap. 28. sect 1. Plo. f. 169 170 171. The like of a Cottage a Toft a Chamber a Cellar c. yet may they be demanded by their single names A Chapel or an Hospital must be demanded by the name of a Messuage 13. Ass 2. A Toft is a place wherein a Messuage hath stood A Curtilage is a Garden or a yard near or belonging to a Messuage Plow Molendinum a Mill is good without adding ventriticum or aquaticum or granaticum viz. a Wind-Mill or a Water-Mill or a Corn-Mill albeit the latter be more usual 44 E. 3. f. 13. Land is to be demanded by the certain measure of the superficial quantity thereof as Hidra Carucata Bovata Virgata Acra c. roda c. terrae In like manner boscus suboscus bruera mora juncaria mariscus aluetum ruscaria may be demanded by the number of acres thereof 16 Ass 9. Turbarie may be demanded by the name of Morae Rent by the number and multitude of the things that are to be rendred as 10 l. or six pence or a half penny rent c. Housebote Haybote and
Plowbote may be demanded by the name of Estrovers thus of reasonable estrovers in the woods viz. in 10 acres of wood of him the said A. in D. c. Parsonages Rectories Advowsons Vicaredges or tithes impropriate passe not by the name de advocatione Ecclesiae but de rectoriae Ecclesiae de S. cum pertinentiis But when it is but of a presentation it must be de advocatione Ecclesiae de S. non cum pertin And of all Vicar edges endowed the Writ must be de advocatione vicarie Ecclesiae de S. c. and not cum pertin And where no Vicaredge is endowed it passeth under these words de advocatione Ecclesiae de S. c. The Order and form of placing things in Fines 1 THe more worthy thing must be put before things lesse worthy as Messuage is set before Land a Mannor before a Messuage a Castle before a Mannor 7 H. 6. 39. Plo. 168 169. Secondly the Genus or thing general before the things special as land being the genus to meadow pasture wood Juncarius Mariscus is first to be placed And wood being general to wood-grounds as aluetum salicetum c. to be set before them in the writs Thirdly entire and whole things are to be set before their parts as de Manerio de C. medietate Manerii de B. cum pertin c. Fourthly parts of things excepted must succeed those things out of which they be excepon ted And if there be divers parcels in one Writ that parcel out of which the exceptiis to be made ought to be last placed Regist f. 6. de Manerio de D. cum pertinentiis in C. excepto unto messuagio duobus acris terrae advocatione Ecclesiae de C. And every thing excepted ought to be certainly named it needeth not to say cum pertinentiis after the thing excepted 40 E. 3. 25. and the exception must always be of such things whereof they will lye Regist f. 228 229. For which for the present see the example following viz. Command A. B. that he render to C. D. c. of one Messuage one Cottage and the moyety of one Messuage and ten acres of land with the Appurtenances except one acre of land in N. c. And finally the form and order of placing the particulars in a Writ of Covenant is in all things as in a praecipe quod reddat of lands And further observe the rules of the Register f. 2. which partly appeareth in these verses ensuing suagium um lendinum umbare dinum ra tum tura cus ra Mes toft mol col gar ter pra past hos brue mora ria cus tum ditus Junca Maris alue red sectare priora The place wherein the lands lie FUrthermore the place wherein the lands do lye as the Shire Town Parish or Hamlet for a Fine is good in a Hamlet 38 E. 3. f. 19. 8 E. 4. f. 6. and 7 E. 6. in Brooke Fines 44. 91. Nevertheless it is good also to name the Town wherein the Hamlet is as it seemeth and that with addition for distinction if there be diverse Towns of the same name in the same County Of the Formes of Concords NO Concord ought to be levied to divers persons and their heirs but of such Tenements as were formerly holden of the King or Queen for it was for their own now their successors advantage to have many such Tenants 33 H. 6. f. 52. 7 H. 4. f. 7. If a Fine be levyed to two Cognisees or more in the Concord thereof the Cognisor shall knowledge the right therof to be to the one of the same Cognisees only And the release and warranty therein contained shall be limitted only to him and his heirs 3 H. 6. f. 42. 33 H. 6. f. 52. 21 E. 3. 24 E. 3. f. 36. 27 E. 3. f. 84. None can take by the first estate graunted or rendred by a Fine but some of the parties named in the Writ but any estranger may take an estate in remainder 30 H. 8. Br. Fines 108. 7 E. 3. 31. The Warranty contained in Fines ought to be made by the heirs of them from whom the inheritance of the land passeth As if the Husband and Wife levy a Fine of the Wives lands the Warrantie must be from the Husband and Wife and the Heirs of the Wife otherwise if it were of the Husbands lands then the Warranty must be from his heirs 42 E. 3 f. 13. 44 E. 3. f. 21. and from the Heirs of one only 21 E. 27. except it be of lands in Gavel-kind 24 E. 3. f. 66. No Fine ought to be levyed upon any Condition Nam finis finem litibus imponere debet but clauses of distresse may be in Fines 33 H. 6. f. 52. 44 E. 3. f. 22. Also some Fines be sur cognisance de droit come ceo que le cognisee ad del done le cognis 2ly some other sur cognisance de droit tantum 3ly some other of grant and release and lastly some of grant and render and upon grant All which plainly appear by examples hereafter ensuing Also in Concords be not repeated all the words in the Writ but the general words thereof only as Mannor Tenement Rent Common Advowson c. as appeareth in the ensuing examples of Concords Observations at the knowledging of Fines and first how to acknowledge a Fine before the Lord Chief Justice of the Common Pleas. FIrst you are to take notice that none but the Lord Chief Justice can take cognisance of Fines without dedimus potestatem which privilege is given him by the prerogative of his Office Dyer f. 224. Pla. 31. Wherefore if you would acknowledge your Fine before him out of Court you must first draw your praecipe and Concord in paper and bring the parties that must acknowledge the Fine to my Lords Chamber and deliver your praecipe to my Lords Clerk of the Fines who will read it to them in presence of my Lord and their hands being first set to it he acknowledgeth it before my Lord and he putteth his hand to it for which you pay to the Clerk for my Lords see 9 s. 8 d. Which being done the Clerk will ingross the precipe and Concord in Parchment and get my Lords hand to that which you must fetch from him and give him his fce for the ingrossing thereof then you must carry it to the Cursitor of the Shire where the land lies and leave it with him to have a Writ of Covenant made by it when the Writ is made before you passe it under seal you carry it to the Alienation Office where you are to pay a Fine for licence or leave to alien and there it is you must make your composition which is set by the Commissioners sitting for that purpose when you have informed the value there is one sits purposely with the Commissioners to take it who was formerly a Doctor The value being set down by one of the Commissioners if it exceed forty shillings or
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
the Mannot of D. belonging Whereupon plea of Covenant was summoned between them in the said Court to wit that the aforesaid M. hath recognised the aforesaid Honour Castle Sheriffdom Isle Baronie Hundred Borough Knights-Fee Scite Mannor Park Prebend Tenement Rents Common of Pasture free Warren free Fishing liberty of Saltpeter Lead Bullen Pit Rectory Tithes Oblations Thanage Stallage Piccage Pontage Corrodie Water pit view of Frank pledge Liberties Franchises Custodies Office of Steward Balywicks Fairs Markets Passage Wreck of the Sea Moyety and third parts with the Appurtenances and Advowsons Presentations free Disposition right of Patronage Portions and Pensions aforesaid to be the right of him the said I. as those which the fame I. hath by the gift of the foresaid M. And those he hath remised and quite claimed from himself and his heirs to the aforesaid J. his heirs for ever And furthermore the same M. hath granted for himself and his heirs that he will warrant to the aforesaid I. and his heirs the aforesaid Honor Castle Sheriffdome Isle c. as above against himself and his heirs for ever and for this recognisance fine c. A Fine of a Rent Nott. ss COmmand J. Earl of H. and Dame K. his Wife Countesse of H. that justly and without delay they hold to W. C. Covenant c. of 40 pounds yearly rent issuing out of the Mannor of E. c. And unlesse c. And the Concord is such to wit that the aforesaid Earl and Countesse have recognised the rent aforesaid 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 Earl Countesse and those they have remised and quite claimed from themselves and their heirs to the aforesaid W. and his heirs for ever And furthermore the said Earl and Countesse have granted for themselves and the heirs of him the said Earl that they will warrant the rent with the appurtenances to the aforesaid W. and his heirs against all men for ever And for this c. A Fine of part of a rent by Husband and Wife Suff. ss COmmand R. and J. his Wife that they hold to H. C. Covenant c. of the third part of five pounds six shillings and eight pence rent with the appurtenances issuing out of the Mannors of K. And unlesse c. And the Concord is such to wit that the aforesaid R. and I. have recognised the third part aforesaid with the appurtenances to be the right of him the said H. as that which the same H. hath by the gift of the aforesaid R. and I. And that they have remised and quite-claimed from themselves and the heirs of him the said I. to the aforesaid H. and his heirs for ever And furthermore the same R. and I. have granted for themselves and the heirs of him the said I. that they will warrant to the aforesaid H. and his heirs the aforesaid third part with the appurtenances against all men for ever And for this c. A praecipe with an exception and saving some parcels COmmand c. Covenant c of the Rectory of T. with the appurtenances except the Advowson of the Vicaridge of the Church of T. And unlesse c. And the Concord c. That the aforesaid A. hath recognised the Rectory aforesaid with the appurtenances except before excepted to be the right c. And that he hath remised c. except before excepted And furthermore the same c. hath granted for himself c. that he will warrant to the aforesaid c. the Rectory aforesaid with the appurtenances except before excepted c. A Concord with a render for life to the Husband and the Wife being the Conusors of parcel of Mannors and Lands conteined in the Writ of Covenant the remainder to the first and second begotton Sons of the Conusors in tail and to the heirs Malâ—s and for default of such issue then to the Conusors in general tail and for default of such issue then to the right heirs of the Conusors for ever with grant and render of ten Messuages c. residue of the same Mannor c. to the said Conusors ANd the Concord is such to wit that the â—foresaid T. and F. have recognised the Mannors Tenements and Rents aforesaid with the appurtenances to be the right of him the said E. as those which the same E. and R. have by the gift of the aforesaid T. F. and those they have remised and quite claimed from them the said T. and F. and the heirs of him the said F. to the aforesaid E. and R. and the heirs of him the said E. for ever And moreover the same T. and F. have granted for themselves and the heirs of him the said F. that they will warrant the Mannor Tenements and Rents with the appurtenances to the aforesaid E. and R. and the heirs of him the said E. against them the said T. and F. and the heirs of him the said F. for ever And for this recognisance c. the same E. and R. have granted to the aforesaid T. and F. the Mannor of S. aforesaid with the appurtenances and 10 Messuages 8. Cottages 20 acres of Land 20 acres of Meadow 160 acres of Pasture 300 acres of Moor six shillings rent with the appurtenances in A. and F. aforesaid parcels of the Mannor Tenements and rent aforesaid And those to them they have rendred in the same Court. To have and to hold to the aforesaid T. and F. for the term of the lives of them the said T. and F. and the life of the longer liver of either of them without impeachment of any manner of wast And that after the decease of the aforesaid T. and F. and the longer liver of either of them the aforesaid parcels of the Mannor Tenements and Rent aforesaid with the appurtenances shall remain to the first begotten Son of the bodies of the aforesaid T. and F. between them lawfully begotten and to the heirs males of the body of the aforesaid first begotten Son lawfully begotten To hold c. and if no heir of the body of the said first begotten son shall be lawfully begotten the aforesaid parcels of the Mannor Tenements and Rent aforesaid with the appurtenances shall remain to the second begotten Son of the body of the aforesaid T. and F. between them lawfully begotten and the heirs males of the body of the said second begotten Son lawfully begotten to hold c. And if no heir of the body of the said second begotten Son shall be begotten then the aforesaid parcels of the Mannor Tenements and rent aforesaid with the appurtenances to remain to the heirs of the bodies of the said T. and F. between them lawfully begotten to hold c. And if no heir of the bodies of the said T. and F. between them shall be lawfully begotten then the aforesaid parcels of the Mannor Tenements and Rent aforesaid with the appurtenances
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
whether there remains sufficient free-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
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
his demeasne as of Freehold by the Form of the Testament and last will aforesaid without this that the same I. F. by his last will and Testament aforesaid bequeathed to the aforesaid A. B. c. ut supra as the aforesaid A. B. above alleged And this c. whereof c. And the aforesaid A. B. as before saith c. ut supra in brevi as he before alleged And of this c. The Tenant may atturn for parcell excepting the rest and plead thereunto Attornment for part plea to the rest ANd now at this day here in the Court came as well the aforesaid E. I. by W. W. his Attorney as the aforesaid I. E. in his proper person and hereupon the aforesaid E. I. by his Attorney aforesaid Prayed that the aforesaid I. E. to him thereof may atturn c. And the aforesaid I. E. prayeth hearing of the Writ aforesaid and to him it is read c. he prayeth also hearing of the note of the Fine whereupon the Writ aforesaid issued forth and it is read to him in these words Between R. Plaintiff and P. Deforcient c. rehearsing the whole note which being read and heard the same I. F. as touching the Tenements aforesaid except 10 Acres in D. parcell thereof saith that he is ready to the aforesaid R. thereof to atturn and himself to him in Court here hath attorned of the Tenements aforesaid except the aforesaid 10. Acres of Land and hath acknowledged c. And hath done Fealty c. And as touching the aforesaid 10. Acres of Land in D. the same I. F. saith that he at the time of the levying the note aforesaid was seised of the same 10. Acres of Land with the appurtenances in his demeasne as of Fee without this that he at the aforesaid time of the levying of the note aforesaid the same 10. Acres of Land with the appurtenances held for Term of life only as c. therefore let a Fine thereof be ingrossed Dyer f. 212. p. 35. 4. Eliz. And when the Tenant doth atturn the note of the Fine is to be delivered to the Chirographer And then it must be written upon the back-side of the same note thus The within named A. B. hath atturned himself to the within written C. D. by virtue of this note as it appeareth c. Atturney in quid Juris clamat UPon such a Plea pleaded that the Tenant may forfeit his Estate he may make an Atturney 21 E. 3. 48. Or if the Tenant suggest in Chancery that he will plead so as he forfeit his Estate he may make an Atturney by dedimus potestatem thus Oliver c. To his beloved faithfull F. B. c. Whereas our Writ of Covenant hangeth before you and your Associates our Justices of the Bench between R. P. of a hundred Acres c. which I. holdeth for his life of the aforesaid B. for a Fine thereof between the aforesaid R. and P. according to the Law and custome of our Common-weath of England to be levyed whereby our Sheriff of York by our Writ we have commanded that he should cause to come before our said Justices the aforesaid I. at the day in that Writ contained to acknowledge what right he claimeth to have in the Lands aforesaid and on the behalf of the said I. it is given us to understand that he upon the Fine aforesaid ought not to atturn for that that before the levying of the note of the Fine aforesaid one S. being seised of that Land in his demeasne as of Fee gave it to the aforesaid I. and the heirs of his body And he at the day to him given in the Bench aforesaid that matter to the Writ aforesaid will plead And yet he is so impotent and worn with age that unto the Bench aforesaid at the day to him given without very great danger of his body he is not sufficient to travail to plead that plea we tendring the State of the same I. in this behalf have given you power to receive an Atturney whom before you in his stead he shall will to atturn in this behalf to gain or to lose and therefore we command you that unto the aforesaid I. personally you going you receive an Attorney whom in his stead he shall will to Atturn in this behalf and of the name of the same Atturney to us in our Chancery under your Seal distinctly and openly you certifie returning to us this Writ Witness my self c. The return thereof I Putteth in his place A. B. his Atturney against R. in a Plea in quid juris clamat to gain or lose And as the Tenant may make an Atturney by dedimus potestatem so he may atturn the form whereof followeth Oliver c. To his faithfull I. and M. greeting whereas our Writ of Covenant hangeth before you and your Associates our Justices of the Bench between R and P. of a hundred Acres c. which I holdeth for his life of the aforesaid P. for a Fine between the aforesaid R. and P. according to the Law and custome of our Common-weal of England to be levyed whereby by our Writ we have commanded our Sheriff of Norfolk that he cause to come before our said Justices the aforesaid I. at the day in that Writ contained to acknowledge what right he claimeth to have in the Land aforesaid and the aforesaid I. of himself is so impotent that unto the Bench aforesaid at the day to him given without very great danger of his body he is not sufficient to travail to acknowledge what right he claimeth to have in the Land aforesaid we tendring the state of him the said I. in this behalf have given to you power to receive the knowledgement and to testifie the Atturnment which the aforesaid I. before you shall will to make ye receive And when you have received him and he before you as it is the manner have atturned himself your aforesaid Associates of the cognizance aforesaid distinctly and openly you certifie the aforesaid atturnment testifying that that Fine between the parties aforesaid of the Lands aforesaid before you and your associates aforesaid in the Bench aforesaid may be levied according to the Law and custome aforesaid And have you c. After issue joyned the Tenant may be essoigned thus York ss A. B. against C. D. in a Plea of quid juris clamat in one Messuage c. whereof the Jury by W. C. in 15. dayes of Saint Hillary c. If the issue be found with the Plaintiff the Judgement is in this form Judgement ANd hereupon the premisses being seen and by the Justices more fully understood it is ordered that the aforesaid C. D. for seisin of the Tenements aforesaid with the appurtenances against the aforesaid A. B. by occasion of the claim and Plea aforesaid forefeited to have if he will he may prosecute and also that the Fine aforesaid if he will may be ingrossed and the aforesaid A. B.
and I. have granted to the aforesaid E. and I. the aforesaid tenements with the appurtenances And those to them they have rendred in the same Court to have and to hold to the same E. and I. and the heirs of the body of him the said E. by the aforesaid I. lawfully begotten of the chief Lords of that Fee by the services which unto the aforesaid tenements do belong for ever And if it happen that the same E. and I. shall die without heir of the body of him the said E. by the aforesaid I. lawfully begotten then after the decease of them the said E. and I. the aforesaid tenements with the appurtenances shall wholly remain to the heirs of the body of him the said I. lawfully begotten To hold of the chief Lords of that Fee by the services which unto the aforesaid tenements do belong for ever And if no heir of the body of him the said I. shall be lawfully begotten then the aforesaid tenements with the appurtenances shall wholly remain to the right heirs of him the said E. to hold of the chief Lords of the Fee by the services which unto the aforesaid tenements do belong for ever according to the form of the statute The first Proclamation was made the 22. day of November in the Term of Saint Michael tali anno within written The second Proclamation the 24. day of November in the same Term. The third Proclamation the 26. day of November the same Term. The fourth Proclamation the 29. day of November the same Term. The fifth Proclamation was made the 7. day of February in the Term of Saint Hillary in the said year within written The 6. Proclamation the 9. day of Feb. the same Term. The seventh Proclamation the 10. day of February the same Term. The eighth Proclamation the 12. day of February the same Term. The nineth Proclamation was made the 14. day of May in the Term of Easter tali Anno the same Term. The tenth Proclamation the 17. day of May the same Term. The eleventh Proclamation the 23. day of May in the same Term. The 12. Proclamation the 23. day of Maey the same Term. The thirteenth Proclamation was made the 22. day of June in the Term of the holy Trinity in the year within written The fourteenth Proclamation the 25. day of June the same Term. The fifteenth Proclamation the 27. of June the same Term all and singular which at the request of W. W. gent. by the tenor of these presents we have drawn to exemplifie In Testimony of which thing we have by these presents caused our Seal to be put unto the Writs deputed to be sealed in the Bench. T. F. W. W. and F. R. Justices of the Bench aforesaid at Westminster the day c. tali Anno c. W. P. and R. How Fines executory be executed THe execution of a Fine is the obtaining of actuall possession of the things contained in the same by virtue thereof and it is either by entry into the Lands or by Writ By entry into the lands as if upon a Fine sur cognizance de droit que il ad de son done If the Coguisor remain still in possession And the Cognisee by virtue of such Fine enter upon him as he lawfully may without any Writ of habere fac seisin because such Fine is executed 41 E. 3. 14. 14. E. 3. 5. And if a Fine be levied to the husband and wife in speciall taile the remainder to the heirs of the body of the husband and the wife dieth without issue the remainder is executed in posseshon in the husband for the estate taile meeteth with the freehold and drowneth it 7 H. 4. 23. Execution of Fines by Writ EXecution of Fines by Writ is either by habere facias seisinam or by Scire facias A Writ of Habere facias seisinam in this case is a Writ judiciall issuing out of the Record of a Fine Executory directed to the Sheriff of the County where the Land lieth commanding him to give the Cognisee or his heirs seisin of the Land whereof the Fine is levied And this Writ lieth within the year after the Fine or Judgement upon a Scire facias And may be made in these forms O. To the Sheriff c. We command you that without delay you cause to have to B. R. A venire fac in a Scire fac on a Fine upon issue joyned whether the parties were seised at the time of the fine levyed Granted and recorded his seisin of the Messuages with the appurtenances in N. which A. T. in our Court c. hath rendred to the aforesaid B. by a Fine thereof between them made according T. c. Twelve c. of the vicinage c. And who neither to E. nor R. and A. his wife any c. to know whether at the time of the levying of a certain Fine levied in the Court of the Soveraign Lord Charles late King c. at Westminster in the morrow c. in the year c. before R. B. and his Associates then Justices of him the said late King of the Bench. And afterward in the morrow of all Soules c. in the year c. there granted and recorded before the same late Justices and other faithfull of the same late King then there present between T. R. and R. F. plaintiffs and I. B. and I. his wife deforcients of four shillings rent with the appurtenances Fine of rent in S. whereof the aforesaid G. in our Court c. prayeth Execution against the aforesaid R. and A. by virtue of the Fine aforesaid and of other tenements and rents in the same fine contained The aforesaid T. R. and R. and the aforesaid I. B. and I. who were parties to that Fine were seised of the aforesaid four shillings rent with the appurtenances as by the same Fine it is supposed by which the aforesaid E. execution of the aforesaid four shillings rent with the appurtenances against the aforesaid R. and A. by virtue of the Fine aforesaid ought to have as the same E. saith or not but neither the aforesaid T. R. and R. nor the aforesaid I. B. and I. who were parties to the Fine aforesaid at the time of the levying of the same Fine had any thing in the aforesaid four shillings rent with appurtenances nor in the Messuage from whence that rent is supposed to come whereby the aforesaid E. from the execution aforesaid of four shillings rent with the appurtenances against the aforesaid R. and A. by virtue of the Fine aforesaid to be had ought to be barred of as the same R. and A. say because as well c. Habere facias seisinam upon a recovery in a Scire sac out of a fine by confession Know you that it is ordered in our Court that W. L. and others c. have execution against W. T. of ten Acres of Land with the appurtenances in D. by virtue of a Fine thereof
as of Free-hold nor was at the day of the obtaining of the aforesaid Writ of the said Scire facias or ever afterward And this he is ready to verifie whereupon as to that Rent with the appurtenances he prayeth Judgement of the Writ c. And the aforesaid P. Son of P. as to the said Rent of 100. shillings saith that the day of the obtaining of his Writ of Scire facias to wit the day c. year c. the aforesaid T. R. was tenant as of Free-hold of twenty Acres of Land with the appurtenances in the aforesaid Town of H. whence that Rent with the appurtenances encreaseth And saith that the same T. then was deforcient of the same Rent with the appurtenances as of Free-hold as by the same writ is supposed And prayeth at his perill execution of the same Rent with the appurtenances against him to be adjudged c. therefore c. as to that Rent with the appurtenances it is considered that the aforesaid P. son of P. have thereof execution at his perill against the aforesaid T. R. by virtue of the Fine aforesaid c. And as to the aforesaid eight Acres of wood with the appurtenaeces whereof c. the same P. son of P. saith that at the time of the levying of the Fine aforesaid The aforesaid T. and G. who were parties to that Fine were seised of the same wood with the appurtenances whereof c. in their demeasne as of Fee c. as by the same it is supposed And this he prayeth that it may be enquired by the Countrey and the aforesaid T. R likewise therefore as to this issue 12. c. Know you that it is considered in our Court c. that P. B. son and Heir of P. B. have execution against T. R. of 100. shillings of rent with the appurtenances in H. by virtue of a Fine thereof levyed in the Court of the Soveraign C. late King c. at W. in eight c. in the year c. before W. B. and his Associates then Justices of the same c. of the Bench between R. c. plaintiff and T. P. and B. his wife deforcients of the rent aforesaid with the appurtenances and of other Lands and Tenements in the same Fine contained by default c. And therefore we command you that to the same P. of the rent aforesaid with the appurtenances without delay plenary execution and seisin you cause to have T. c. Know you that it is considered in the Court c. that R. son and heir of R. have seisin and execution against R. D. of the Manor of A. with the appurtenances in your County by the default of the aforesaid R. by virtue of a note of a certain Fine lately levyed in the Court of the aforesaid C. late King c. at Westminster tali die Anno c. before R. B. and his Associates Justices of the aforesaid late King of the Bench and afterward in eight c. in the Habere facias seisinam sur recovery upon default in a Scire fac year c. there granted and recorded before the same Justices and others faithfull of the same late King then there present between R. of A. c. plain tiff and I. of S. and E. his wife deforcients of the Manors of O. and R. with the appurtenances in the County of N. and of the aforesaid Manor of A. in your County And therefore we command you that to the same R. son of R. of the aforesaid Manor of A. with the appurtenances without delay plenary sesin and execution you cause to have T. c. Afterward die loco c. came the within-named Recite of â— Feme Covert upon her busbands default R. W. in his proper person and the within named W. N. being solemnly exacted came not but I. the wife of the same W. within named in her proper person came and saith that the Manors within specified are the right of het the aforesaid I. and that she is ready to shew that the aforesaid R. W. execution of those Manors by virtue of the fine within written ought not to have whereupon she cometh before Judgement yeelded being ready thereof to answer to the aforesaid R. and to defend her right and prayeth that she by the default of the aforesaid W. her husband may not lose thereof her right but that she may be admitted thereof to the defending of the right of her the said I. c. Certain causes of the nature and form of a Scire Facias upon a Fine Surplusage ANd a Scire Facias to execute a Fine must agree with the Fine and then it is not materiall if one thing be twice demanded therby as a Manor and a hundred parcell of the same Manor 27 H. 8. 2. Vpon the note A Scire facis may be sued upon the note of the Fine before it be ingrossed by the Chirographer 22 H. 6. 13. A fine before memory Of Land in in lieu of the services But of a Fine levyed before time of memory a man shall not have execution by Scire facias 1 E. 4. 6. Contr. 16 H. 7. 9. Where a Fine executory is levyed of a Seigniory if the Land escheate or the Tenant be fore-judged c. the Cognisee shall have a Scire facias of the Land in lieu of the services 48 E. 3. 11. A Mittimus maketh no mention whether the Fine be ingrossed or no but whereas a certain Fine was levied c. 22 H. 6. 13. If a Fine be levyed to A. in tail the remainder to B. in tail the remainder to C. in Fee And the Record is sent into the Chancery and the first tenant in tail dieth without issue the Record commeth back into the Bench by Mittimus at the suit of him in the first remainder and thereupon he had a Scire facias to execute the Fine and died without issue before execution had he in the remainder in Fee shall not hereupon have a Scire facias without a new commandement because the Record was once out of the Court and come again at the suit of him in the first remainder unto whom he in the remainder in Fee is an estranger yet the issue of him which removed the Record in this case might have a Scire facias without any new commandement because he is privy 14 H. 7. 16. 9 E. 4. 15. 11 E. 4. 13. If two sue a Scire facias to execute a Fine and the one dieth the survivor shall have a Scire facias without any new commandement 1 E. 4. 13. But if divers persons as Heirs unto A. B. pray a Scire facias it is not grantable untill they have sued severall Writs to the Justices of the Bench commanding them to make execution 11 E. 4. 13. T 21 E. 4. Coment Cozen and Heir In a Scire facias to execute a Fine as Cozen and Heir to him in the remainder or reversion
I. R. unto this Writ The execution of this Writ appeareth in a certain Schedule to this Writ annexed York ss Command H. S. that justly c. he render to R. P otherwise W. C. and R. H. one Messuage c. with the appurtenances in T. and D. which he claimeth c York ss H. S. putteth in his place W. B. and R. C. joyntly and severally against R. P. otherwise W. and R. H. of a Plea of Land Taken and knowledged at W. in the County of Y. the 18. day of Feb. in the year c. I. R. A Recovery with single voucher York ss COmmand G. C. Esquire that justly c. he render to R. C. and R. I. one Messuage and four Acres of Land with the appurtenances in T. which he claimeth c. and into which c. And unless c. G. C. puts in his place N. M. and M. M. his Atturneys joyntly and severally against R. C. and R. I. of a Plea of Land A Recovery with double voucher Derb. ss COmmand N. L. M. his wife that justly c. they render to T. S. and T. C. the Manors of N. M. and P. with the appurtenances and 30. Messuages 30. Tofts 5. Mills 30. Gardens 30. Orchards 100. Acres of Land 1000. Acres of Meadow 500. Acres of pasture 40. Acres of Wood 1000. Acres of Moor 200. Acres of Ling and Heath and 3. pounds rent with the appurtenances in N. M. P. P. and B. which they claim to be their inheritance and into which the same N. and M. H. have not entre but after the disseisin which H. H. thereof unjustly and without judgement hath made to the aforesaid T. and T. within 30. years now last past c. as it is said whereupon they complain c. And unless c. Derb. ss N. L. and M. his wife do put in their place T. B. and W. B. their Atturneys joyntly and severally against T. S. and T. C. of a Plea of Land to gain or loss W. B. and T. F. whom N. L. and M. Derb. ss his wife do call to warranty do put in their place P. P. and Q. Q their Atturneys joyntly and severally against T. S. and T. C. of a Pea of Land to gain and lose A Recovery with a treble voucher Essex ss COmmand R. B. and C. S. that justly c they render to A T. Esquire the Manors of B. and Q. with the appurtenances and 20. Messuages 12. Tofts 4. Dove-houses 30. Gardens 1000. Acres of Land 100. Acres of Meadow 100. Acres of pasture 200. Acres of Lyng and Heath 100. Acres of Moor and 30. shillings one half penny rent and the rent of one pound and a half of Pepper and of one Corn of Pepper with the appurtenances in B. and Q. And free fishing in the water of W. and also the Advowson of the Church of B. which they claim c. Essex ss R. B. and C. S. do put in their place W. W. and R. R. their Atturneys joyntly against A. T. of a Plea of Land Essex ss M. M. Gent. whom R. B. and C. S. call to warranty do put in their place I. I. and L. L. their Atturneys joyntly and severally against A. T. of a Plea of Land Essex ss G. W. Gent. whom M. M. doth call thereof to warranty doth put in his place R. G. and R. S. their Atturneys joyntly and severally against A. T. of a Plea of Land A Recovery of an Advowson in the County Palatine of Chester PLeas of Chester before R. T. Knight Justice of c. at Chester of the Session holden there Wednesday the last day of Sept. in the year c. Chester ss H. S. Esquire by T. B. his Atturney demandeth against H. D. Esqu the Advowson of the Church of T. which to him he hath unjustly deforced c. And whereupon he saith that himself was seised of the Advowson of the Church aforesaid as of Fee and right within thirty years now last past in the time of peace in the time of the Soveraign Lord Charles late King of England and so thereof being seised the same time unto the same Church presented one R. A. his Clerk who unto that presentation was admitted instituted and inducted in the same by taking thereof exlec as in greater Tythes lesser Tythes oblations and obventions to the value c. as of the right of his Church aforesaid c. And that such is his right he offers c. All the parts of a recovery in a writ of right de praecipe in capite Exemplified OLiver c. To all unto whom these present Letters Patents shall come Know ye that I. Earl of S. in our Court before our Justices at Westminster by our Writ of right of a praecipe in capite hath demanded against T. B. the elder and I. his wife the Manor of C. with the appurtenances and one Messuage 50 Acres of Land 50. Acres of Meadow c. with the appurtenances in C. B. H. neer T. as his right and inheritance which said Writ together with the return of the same and the plea upon the same Writ with all other things touching that Plea followeth in these words The Writ OLiver c. To the Sheriff of Heref. greeting Command T. B. the Elder and I. his wife that justly and without delay they render to I. Earl of S. the Manor of C. with the appurtenances and one Messuage c. with the appurtenances in C. B. and H. neer T. which he claimeth to be his right and inheritance and to hold of us in Capite And whereupon he complaineth that the aforesaid T. and I. him unjustly do deforce unless they shall do it and the aforesaid Earl shall make you secure for prosecuting his plaint then summon by good summoners the aforesaid T and I. that they may be before our Justices at Westminster from the day of Easter in fifteen dayes to shew wherefore they did it not And have you there the summoners and this Writ witness my self at Westminster the second day of April in the year c. Pledges of prosecuting R. D. and I. R. The Answer of I. S. Knight Sheriff Summoners of the within written T. B. and I. his Return thereof wife H. F. and R. L. Pleas at Westminster before I. P. and his Associates Justices of the Lord Protector of the Bench of the Term of Easter in the year of our Lord 1654. Rotulo CCLXIII The demandant Heref. ss John Earl of S. by I. S. his Atturney demandeth against T. B. the Elder and I. his wife the Manor of C. with the appurtenances and one Messuage c. with the appurtenances in C. B. and H. neer T. by a Writ of the Lord Protector of Praecipe in Capite c. And whereupon The Count. he saith that himself was seised of the Manor Messuage Lands c. with the appurtenances in his demeasne as of Fee and right in the time of
peace in the time of the Protector by taking thereof expletion to the value c. that such is his right he offers c. The defendant And the aforesaid T. and I. by W. B. their Atturney came and do defend the right of the aforesaid Earl and their seisin and chiefly of the Manor Messuage c. to him do warrant c. And hereupon the aforesaid Earl demandeth The demandant against him the said W. P. the Manor Messuage c. with the appurtenances in form aforesaid c. And whereupon he saith that he himself was seised of the aforesa Manor Messuage c. with their appurtenances in his demeasne as of Fee and right In the time of peace in the time of the Lord Protector now by taking thereof expletion to the value c. And that such is his right he offers c. And the aforesaid W. P. tenant by his warranty The defence defendeth the right of the aforesaid Earl and his seisin and chiefly of the Manor Messuage Lands c. with the appurtenances and all c. And he puts himself thereof on the Issue to be tryed by the grand Assize Grand Assize of the Lord Protector and demandeth a recognizance to be made whether he hath more right to hold the Manor Messuage Lands c. with the appurtenances as tenant by his warranty as he holdeth them or the aforesaid Earl to have the Manor Messuage Lands c. with the appurtenances as he above demandeth them c. And the aforesaid Earl Imprlance prayeth license of imparling c. And he had it c. Default Judgement And afterwards the same Earl by his Atturney aforesaid came again here in Court and the aforesaid W. P. although was solemnly called came not again but in contempt of the Court made default Therefore it is considered that the aforesaid Earl do recover his seisin against the aforesaid T. and I. of the aforesaid Manor Messuage c. with the appurtenances to hold to the same Earl and his Heirs quite of the aforesaid T. and I. and his Heirs for ever And the aforesaid T. and I. may have of the Lands of the aforesaid W. P. to the value of the Manor Messuage Lands c. aforesaid with the appurtenances And the aforesaid W. P. in mercy c. The warrant of Atturney thereof followeth in these words HEref ss John Earl of Shrewsbury puts in his place I. S. against T. B. the Elder and I. his wife of a Plea of Land Heref. ss T. B. the Elder and I. his wife puts in their place W. B. against John Earl of Shrewsbury of a Plea of Land All and singular which things at the request of the aforesaid Earl we have caused to be exemplified and our great Seal which we use for such exemplifications and also for all manner of Judiciall Writs out of the Bench aforesaid issuing forth to be sealed we have caused to be put to these presents Witness O. Saint John at Westm the 28. day of May in the year c. A remission to the Court in a Writ of right TO the Lord Protector c. for that A. in our Court before your Justices of the Bench by your Writ of right D. E. of one Messuage with the appurtenances in S. which of me is holden by my license mediating doth purpose to implead to your Highness by the tenor of these presents I signifie that I have remitted my Court to you thereof in this behalf Saving to me otherwise the right of the Lord in the like case when it shall happen In testimony of which thing these my Letters Patent I have caused to be made Sealed with my Seal dated the third day of May in the year c. The Exemplification of a Recovery inrolled OLiver L. Protector of the Commonwealth of Eng. Ireland Scotl. and the dominions thereunto belonging c. To all to whom these our present Letters shal come greeting Know ye that among the inrolments of Writs and other things depending for common Recoveries according to the form of the Statute of the term of Easter at Westminster in the year c. in Roll the first it is thus contained The Doctor which took the affidavit for the value Essex ss Oliver c. to the Sheriff of Essex greeting Command I. W. I. S. that justly and without delay they render to Jo. St. and R. P. four Messuages 4. Gardens 200. Acres of Land 100. Acres of Meadow 300. Acres of pasture 40. Acres of Wood and 300. Acres of Lyng and Heath with the appurtenances in B. T. T. C. D. and H. which they claim to be their right and inheritance And into which the same I. W. I. S. have no entry but after the disseisin which H. H. therof unjustly without JudgemeÌ„t hath made to the afores I. S. T. within 30 years now last elapsed as they say And whereupon they complain that the aforesaid I. W. and I. S. them do deforce And unless they shall do it and the aforesaid I. S. and T. H. shall make you secure for prosecuting his plaint then summon by good summoners the aforesaid I. W. and I. S. that they be before our Justices at Westm from the day of Saint Michael in 15. dayes to shew wherfore they wiâ—l not do it And have you there the summoners and this Writ witness my self at Westminster the 24. day of Septtember Summoners The Sheriffs name in the year c. Gibon Pledges Pledges of prosecuting John Doo Richard Roo Summoners John Den Kich Fen. G. T. Esq Sheriff ss Oliver L. Protector c. to the Sheriff of Essex greeting sum by good summoners E. W. Esq his wife that they be before our Justices at West from the day of S. Hillary in 15. dayes to warrant to Joh. W. and I. S. four Messuages 4. Gardens 300. Acres of Land 100. Acres of Meadow 300. Acres of pasture 40. Acres of Wood and 300. Acres of Lyng and Heath with the appurtenances in B. T. T. C. D. and H. which John St. and Tho. P. in our Court before our Justices at Westm do claim as their right by our Writ of Entry upon disseisin in le post against them And whereupon the same Joh. W. and I. S. in our said Court have called the aforesaid Edm. and John summoners in your County to warrant against them And have you there the summoners and this Writ T. I. D. at Westm the 16. day of Octob. in the year c. * Lone Summoners John Den Rhichard Fen. * T. L. Esq Sheriff ss The prothonatorie in whose office it is entred Summoners The Sheriff The warrant of Atturney * Joh. St. and Tho. do put in their stead E. E. against John W. and I. S. of a Plea of Land ss Iohn W. and I. do put in their place I. A. against Iohn S. and Tho. P. of a Plea of Land ss Edm. W. Esq and Io.
his wife whom Iohan W. and I. S. do call to warranty do put in their place R. C. against Io. S. and Tho. P. of a Plea of Land all and singular which things at the request of W. W. Gent. by the tenor of these presents we have drawn to be exemplified In testimony of which thing our Seal unto the Writs in the Bench appointed to be Sealed by these presents we have caused to be put T. F. W. P. and F. R Justices of the Bench aforesaid at Westm the 16. day of June in the year of our Lord 1654. M. The Judges which examined their inrolment M. W. P. R. A pardon of alienation upon Lands by a Writ of Entry recovered OLiver c. to all to whom c. greeting Whereas our welbeloved and faithfull T. Duke of Norfolk Earl Marshall of England and Knight of the Noble Order of the Garter and our beloved and faithfull W. C. Knight our chief Secretary K. Knight lately to to wit in the term c. in the year c. have recovered against our welbeloved and faithfull Counsellor N. B. Knight Lord Keeper of our great Seal of England of his assent and at his request by our Writ of Entry upon disseism in le post according to the course form and use of Common Recoveries the Manor of Redgrave c in our County of Suffolk to divers severall uses intents conditions and purposes specified and declared in certain Indentures made between him the said N. on the one part and the aforesaid Duke W. R c. of the other part bearing date the second day of October in the year c. as by the same Indentures more fully it may appear and whereas also the the same Duke W. R. c. into the Manor Lands Tenements and other the premises with the appurtenances by virtue of the recovery aforesaid have entred our license thereof first not obtained And of the same premises were seised in their demeasne as of Fee to the uses intents and purposes in the aforesaid Indentures specified and declared which said Manors Messuages Lands tenements and other the premises of us are holden in Capite as it is said know ye that we of our speciall grace and of our certain knowledge and meer good will saving to us our homage do pardon remit and release for us our Heirs and Successors the trespasses in that behalf done and all manner of entry and entries into the aforesaid Manors Lands tenements and other the premises or any part or parcel thereof as well at the present day by what way soever made or perpetrated as hereafter by reason of any use in the aforesaid Indenture specified or declared to be made or had And furthermore we have granted and for us our Heirs and Successors as much as in us is by these presents do grant to the aforesaid Duke W. R c. that they the Manors Messuages Lands and tenements aforesaid and other the premises with all and singular their issues rents profits and appurtenances whatsoever except before excepted may have and hold to themselves and their Heirs and Assignes to the uses intents and purposes in the Indentures aforesaid contained and specified of us our Heirs and Successors by the services thereof due and of right accustomed for ever without violence molestation vexation impediment or grief of us our Heirs or Successors or of any our Justices Escheators Sheriffs Bayliffs or any other Officers Ministers or Subjects or of our Heirs or Successors whatsoever In testimony whereof c. And it is to be noted that of all licenses to alien temporall Land in Mortmain the fine to the Protector formerly to the King is five years value of the same Of all licenses to alien spirituall Land as appropriations of Churches or other spirituall Benifices the Fine is four years value thereof Of all licenses of alienation made of Lands holden formerly of the King in Capite Fine is the third part of the value the tenth deducted Of all pardons of alienation by the Kings tenant in Capite the Fine is one years value thereof Of all licenses of Marriage of the Kings widdow the Fine is the third part of the value of her dower by a year Of all pardons of the Kings widdows marryed without license the Fine is the whole value of her dower by the year The Exemplification of a Recovery with double Voucher out of the Prothonatories Office OLiver c. To all to whom these our present Letters shall come greeting Know ye that among the pleas of Land inrolled at Westminster before E. A. Knight and his associates our Justices of the Bench in the term of St. Hillary in the year c. it is contained thus York ss F. W. and R. S. in their proper persons demand against I. R. 12 acres of Meadow with the appurtenances in M. and K. as his right and inheritance and into which the same J. hath not entry but after the diffeisin which H. H. thereof unjustly and without Judgement made to the aforesaid F. R. within 30 years c. And the aforesaid Voucher J. by W. W. his Atturney came And heretofore having called to Warranty T. R. Esquire who now by the Summons to him in the County aforesaid made by T. J. his Atturney The demandant against the first Vouchee The Count. comes and gratis the aforesaid 12 acres of Meadow with the appurt to him doth warrant c. And hereupon the aforesaid Fr. and R. demand against him the said T. Tenant by his warranty the aforesaid 12 acres of Meadow with the appurtenances in form aforesaid c. And whereupon they say that themselves were seised of the aforesaid twelve acres acres of Meadow with the appurtenances in his Demeasne as of fee and right in the time of peace in the time of the now Protector by taking thereof expletion to the value c. And into which c. And thereupon produceth Vouch ouster le defence suit c. And the aforesaid T. Tenant by his Warranty defendeth his right when c. And furthermore called thereof to warranty R. H. who is present here in Court in his proper person And gratis the aforesaid 12 acres of Meadow with the appurtenances to him he warrants c. And hereupon the aforesaid F. and R. S. demandeth against him Demandant against a Vouchee the said R. H. Tenant by his Warranty the aforesaid 12 acres of Meadow with the appurtenances in form aforesaid c. And whereupon they say that themselves were seised of the aforesaid 12 acres of Meadow with the appurtenances The Count in form aforesaid in their demeasne as of Fee and right in the time of peace in the time of the now Lord Protector by taking thereof expletion to the value c. And into which c. And thereupon they produce suit c. And the aforesaid R. H. Tâ—nant by his warranty defendeth his right when c. And saith that the
aforesaid H. The Defence Hath not disseised hath disseised the aforesaid F. and R. S. of the aforesaid 12 acres of Meadow with the appurtenances as the same F. and R. by his Writ and Declaration aforesaid above do suppose And of this he puts himself upon the Country c. And the aforesaid F. and R. S. pray licence thereof of imparling And they have it c. And afterwards the same F. and R. came again here in Court in that same Term in their Default Judgement proper persons And the aforesaid R. H. although were solemnly called came not again therefore it is considered that the aforesaid Fr. and R. S. do recover their seisin against the aforesaid I. of the aforesaid 12. acres of Meadow with the appurtenances And that the same J. have of the land of the aforesaid T. to the value c. And that the same T. further have of the land of the aforesaid R. H. to the Recovery in value value c. And the same R. be in mercy c. And hereupon the aforesaid F. and R. S. doe pray the Writ of the Lord Protector to the Mercy Sheriff of the County aforesaid to be directed of causing plenary seisin to have to them of the aforesaid 12 acres of Meadow with the appurtenances And to them it is granted retornable here from the day of Easter in 15 days c. All and singular which things at the request of the aforesaid F. and R. S. by the tenor of these presents we have drawn to be exemplified In testimony of which thing our seal unto the writs in the Bench aforesaid appointed to be sealed to these presents we have caused to be put Witnesse E. A. at VVestminster the 12 day of Feb. 1654. When the Writ of seisin is returned the return thereof must be entred upon the same Roll whereupon the Judgement was entred Another to the like effect OLiver c. To all to whom these our present Letters shall come greeting Ye may know that among the Pleas of Land inrolled at Westminster before E. A. Knight and his dd ' vers teâ—â— Associates our Justices of the Bench to wit in the Term of St. Michael in the year c. in the second roll it is contained thus Nott. ss R. T. and R. B. in their proper persons demand against P. T. Gent. and W. H. Gent. the Mannors of H. and M. with the appurtenances and 20 Messuages The Count. 10 Tofts 1 Water-mill 2 Dove-houses 30 Gardens 500 acres of Land 200 acres of Meadow 60 acres of pasture 300 acres of Wood 1000 acres of Ling and Heath 50 Crofts of Moor and 20 s. rent with the appurtenances in H. M. D. c. as their right and inheritance And into which the same P. and W. have not entry but after the Disseisin which H. H. thereof unjustly and without judgement hath made to the aforesaid R. and R. within 30 years c. And whereupon they say that themselves were seized of the Defence for the lands Mannors Tenements and rent aforesaid with the appurtenances in his demeasne as of Fee and right in the time of peace in the time of the now Loâ—d Protector by taking thereof expletion to the value c. And into which c. And thereupon they produce suit c. Demandant against the Vouchee And the aforesaid P. and W. in their proper persons came and do defend their right when c. And call thereof to warranty G. M. Gent. who is present here in Court in his proper person And gratis the Mannors Tenements and rent aforesaid with the appurnances to them he warrants c. Count. And hereupon the aforesaid R. and R. demand against him the said G. Tenant by his warranty the Mannors Tenements and rent aforesaid with the appurtenances in form aforesaid c. And whereupon they say that themselves were seized of the Manors Tenements and rent aforesaid with the appurtenances in his demeasne as of Fee and right in the time of Peace in the time of the now Lord Protector by taking thereof expletion to the value c. And into which c. And thereof they produce suit c. Defence by the Vouchee And the aforesaid G. Tenant by his warranty defendeth his right when c. And furthermore calleth thereof to warranty D. H. who likewise is present here in Court in his proper person and gratis the Mannors The Revoucher Tenements and rent aforesaid with the appurtenances to him he warrants c. Demand against the 2 Vouchee And hereupon the aforesaid R. and R. demand against him the said D. being Tenant by his warranty the Mannors Tenements and Rent aforesaid with the appurtenances in form aforesaid c. And whereupon The Count against the 2 Vouchee they say that themselves were seised of the Mannors Tenements and rent aforesaid with the appurtenances in his Demeasne as of Fee and right in the time of peace in the time of the now Protector by taking thereof expletion to the value c. And into which c. And thereupon they produce suit c. Defence by the 2 Vouchees Non disseisivit And the aforesaid D. Tenant by his Declaration defendeth his right c. And saith that the aforesaid H. hath not disseised the aforesaid R. and R. by their Writ and Declaration aforesaid above do suppose And of this put themselves upon the Countrey c. And the aforesaid R. and R. pray Licence Imparlance thereof of imparling And they have it c. The default And afterward the same R. and R. came again in the Court in this same Term in their proper persons And the aforesaid D. although he was solemnly called came not again but in contempt of the Court departed and made default therefore it is considered that the aforesaid R. and R. do recover their seisin Judgement thereupon against the aforesoid P. and W. of the Mannors Tenements and rent aforesaid with the appurtenances And that the same P. and W. have of the Land of the aforesaid G. to the value c. And that the same G. further have of the Lands of the aforesaid D. to the value c And the same G. be in mercy c. And hereupon the aforesaid R. and Recovery in value R. pray the Writ of the Lord Protector to the Sheriff of the County aforesaid to be directed Mercy of causing plenary seisin to have to them of the Mannors Tenements and rent aforesaid with the appurtenances And to them it is â—anted returnable here from the day of St. Martin in 15 days At which day here came the aforesaid R. and R. in their proper persons And the Sheriff to wit I. B. Knight now returneth that he by vertue of that writ to him directed the 14th day of November last past caused plenary seisin to have to the aforesaid R. and R. of the Mannors Tenements and
unto the aforesaid C. if he be not well able to travel unto you ye personally going the Attorney or Attorneys which the same C. personally before you or one of you in the Writ aforesaid before our aforesaid Justices depending against the aforesaid A. to call the Plaintiffe there at the aforesaid Term to plead the warranty to gain or to lose in his stead he shall will to put or constitute Atturney you or one of you receive And when ye or one of you shall so receive such Atturney or Atturneys Us in our Chancery of the name or names of such Atturney or Atturneys of him the said C. in 8 dayes of St. Hillary next to come wheresoever he shall be under your seals or one of yours duely ye or one of you certifie returning to us this Writ T. c. The Form of a Recovery with single Voucber COmmand S. H. that he render to A. B. and C. D. 40 Messuages with the appurtenances in G. D. R. c. The aforesaid S. H. doth put in his place R. F. and T. N. joyntly and severally against the aforesaid A. B. C. D. in a plea of Land W. A. whom the aforesaid S. H. calleth to warranty puts in his stead G. M. and T. F. joyntly and severally against the aforesaid A. B. and C. D. in a plea of Land The aforesaid A. B. and C. D. doe put in their stead R. C. and F. C. joyntly and severally against the aforesaid S. H. in a plea of land A Common Recovery had by divers against one of divers Mannors c. within the County Pallatine of Chester before the Judges of the Shires and Counties Of Pleas of the County of Chester at Chester before T. E. Esquire Son of T. E. Knight Justice of the Lord Protect there on Wednesday next after the Feast of Easter In the year of our Lord c. R. E. Knight P. D. Knight I. S. Son and heir apparent of T. S. of W. T. S. Son and heir apparent of R. S. of S. and G. L. Chaplain by Th. B. his Attorney in the Court of the Lord Protect here do demand against H. S. of O. Esq the Mannor of O. alias O. with the appurtenances and 14 Messuages c. as their right and inheritance and into which the same H. hath no entry but after the disseisin which Th. Cutt. thereof unjustly and without judgement hath made to the aforesaid R. P. I. T. and G. after that J. S. was made Earle of Chester c. And whereupon the same R. P. I. T. and G. say that they themselves were seized of the same Mannors Messuages Lands Meadows Pastures Woods Turbary Mosses and rent with the appurt c. in their demeasne as of Fee in the time of Peace of our Lord Protector taking thereof over in value c. And into which c. and there produce suit c. And the aforesaid H. S. Esq in his proper person comes and defends his right when c. and calleth to warranty T. N. who is present in Court in his proper person and gratis to the same H. S. the Mannor Messuage Lands Tenements Meadowes Pastures Woods Turbarie Mosses and rent and the moyety of the Mannor of E. above demanded with the appurtenances he warrants And hereupon the aforesaid R. P. I. T. and G. do demand against the same T. N. tenant by his warranty the aforesaid Mannors Messuages c. and the moyety of the Mannor of E. with the appurtenances in form aforesaid c. and whereupon they say that they themselves were seized of the same Mannors Messuages Lands Meadows Pastures woods Turbary Mosses rent and moyetie of the Mannor of E. with the appurtenances in his Demeasne as of Fee in the time of peace in the time of the said Lord Protector taking thereof over in value c. and into which c. And thereof they produce their sure c. And the aforesaid Th. N. Tenant by his Warranty defendeth his right when c. and saith that the aforesaid T. C. hath not disseised the aforesaid R. P. J. T. and G. of the aforesaid Mannor Messuage Lands Meadows Pastures Woods Turbary Mosses and Rent and Moyety of the Mannor of E. above demanded with the appurtenances in manner and form as the aforesaid R. P. J. T. and G. by their Writ and Declaration aforesaid doe suppose c. And the aforesaid R. E. P. D. I. T. and G. do pray licence thereof of imparling here c. and they may have it Afterwards the same Term c. The aforesaid R. P. I. T. and G. by their Attorney aforesaid came again in the Court of the Lord Protector c. And the aforesaid T. N. Tenant by his Warranty although solemnly exacted came not again but in contempt of the Court here departed made default Therefore it is considered by the Jury aforesaid that the aforesaid R E. P. D. I. T. G. recover their seisin against the aforesaid H. S. of the aforesaid Mannor Messuage Lands Meadows Pastures Woods Turbarie Mosses Rent Moyety of the Mannor of E. above demanded with the appurtenances And that the same H. have of the land of the aforesaid T. N. to the value And the same T. N. in mercy A Common Recovery by divers before the Justices of Chester and Judges of the same County of a Mannor c. Of Pleas of the County of Chester at Chester before T. E. Knight Justice of the LORD PROTECTOR there on Wednesday tali Anno. R. B. W. B. B. B. Sons of R. B. Knight O. B. H. D. Son and Heir of R. D. Esq deceased D. D. of E. and R. C. Chaplain by T. B. their Attorney in the Court of the LORD PROâ—ECTOR here do demand against R. D. Chaplain and T. H. of the City of C. the Mannor of W. with the appurtenances 30 Messuages one Watermill 500 acres of land 400 acres of Meadow 200 acres of Pasture 100 acres of Wood 20 acre of Turbarie 40 acres of Land covered with water and 40 l. rent with the appurtenances in W. and O. as their right and inheritance and into which the same R. and T. hath non entry but after the disseisin which T. C. unjustly and without judgement hath made to the aforesaid R. W. B. c. after that J. Scoticus was made Earl of Chester c. And whereupon the same R. W. B. c. say that they themselves were seised of the same Mannor Messuage Mill Lands Meadows Pastures Woods Turbarie Lands covered with Water with the appurtenances in their Demeasne as of Fee in the time of peace in the time of the Lord Protect now taking thereof over in value c. And into which c. And thereof they produce their sute c. And the aforesaid R. D. and T. H. in their proper persons doe come and defend their right when c. and doe call thereof to warranty W. M. Esq who is present here in Court in his proper person and gratis the Mannor
Messuage Mill Lands Meadows Feedings Woods Turbary Lands covered with water aforesaid to the same R. D. and T. H. doth warrant c. And hereupon the aforesaid R. W. B. c. do demand against him the said W. M. Esquire Tenant by his Wartanty the Mannor Messuage Mill Lands Meadows Feedings Woods Turbary Lands covered with water and rent above demanded with the appurtenances in form aforesaid c. and whereupon they say that they themselves were seised of the same Mannor Messuage Mill Lands Meadows Pastures Woods Turbary Lands covered with water and Rent with the appurtenances in their Demean as of Fee in the time of peace in the time of the said L. Prot. now to take thereof over in value And into which c. And thereupon they produce their suit c. And the aforesaid W. M. Esq Tenant by his Warranty defendeth his right when c. and calleth thereof to warranty Th. Needham who is present there in Court in his proper person and gratis the Mannor Messuage Mill Lands Meadows Pastures woods Turbary Lands covered with water and rents aforesaid with the appurtenances to the same M. M. doth warrant c. And hereupon the aforesaid R. W. B. c. Do demand against him the said Th. Needham Tenant by his Warranty the aforesaid Mannor Messuage Mill Lands Meadows Pastures Woods Turbarie Lands covered with water and Rent above demanded with the appurtenances in form aforesaid c. And whereupon they say that themselves were seised of the same Mannor Messuage Mill Lands Meadows Pastures Woods Turbary Land covered with water and rent above demanded with the appurtenances in their demeasne as of Fee in the time of peace in the time of the said Lord the now Protect to take thereof over in value c. and into which c. and thereupon they produce their sute c. And the aforesaid Thomas Needham Tenant by his Warranty defends his right when c. and he saith that the aforesaid T. Cut hath not disseised the aforesaid R. W. B. c. of the Mannor Messuage Mill Lands Meadowes Pastures Woods Turbary Lands covered with water and Rent with the appurtenances in manner and form as the same R. W. B. c. by their Writ and Declaration above doe suppose c. And the aforesaid R. R. W. c. do pray license thereof of imparling here c. and they have it c. And afterwards in that same County here c. the same R. W. B. c. by their aforesaid Atturney came again in the Court of the Lord Protector And the aforesaid T. N. Tenant by his warranty although solemnly exacted came not again but in contempt of the Court here departed and made default c. Therefore it is Ordered by the Judges of the County aforesaid that the aforesaid R. W. B. c. recover their seisin against the aforesaid R. D. and T. H. of the aforesaid Mannor Messuage Mill Lands Meadows Pastures Woods Turbarie Land covered with water and rent above demanded with the appurtenances c. And that the aforesaid R. D. and T. H. have of the Lands of the aforesaid W. M. to the value c. And the same T. N. in mercy c. The like Common Recovery in the said County of Chester to the next before and of the same Mannor and Lands Of Pleas of the County of Chester at Chester before T. E. Esq Son of T. E. Knight Justice of the Lord Protector the Wednesday after the Feast of beheading of S. John the Baptist in the year c. R. B. of Chester R. B. W. B. B. B. Sons of R. B. Knight and O. B. by T. B. their Atturney in the Court of the Lord Protector here doe demand against W. M. Esquire the Mannor of W. 23 Messuages 1 Water-Mill 300 acres of Land 20 acres of Meadow 100 acres of Pasture 40 acres of Wood 10 acres of Turbary and 10 acres of Land covered with water with the appurtenances in W. M. K. W. as their right and inheritance and into which the same W. M. hath no entry but after the disseisin which T. C. thereof unjustly and without Judgement hath made to the aforesaid R. R. W. B. G. after that J. Scoticus was made Earl of C. c. And whereupon the same R. R. W. c. say that themselves were seized of the same Mannor Messuage Mill Lands Meadows Pastures Woods Turbarie and lands covered with water with the appurtenances in their Demeasne as of Fee in the time of Peace in the time of the Lord now Protector to take thereof over in value And into which c. And thereupon they produce their suit c. And the aforesaid W. M. in his proper person cometh and defendeth his right when c. And calleth thereof to warranty T. N. who is present here in the Court in his proper person and gratis to the same W. M. the Mannor and Tenements aforesaid with the appurtenances doth warrant And hereupon the aforesaid R. R. W. c. doe demand against him the said T. N. tenant by his warranty c. the Mannor and Tenements aforesaid above demanded with the appurtenances in form aforesaid c. and whereupon they say that themselves were seized of the same tenements with the appurtenances in their demeasne as of Fee in the time of peace in the time of the said now L. Protect by taking therof over in value c. And into which c. And thereupon they produce their suit c. And the aforesaid T. N. tenant by his warranty defendeth his right when c. and saith that the aforesaid T. C. hath not disseised the aforesaid R. R. W. c. of the tenements aforesaid with the appurtenances in manner and form as they by their writ and Declaration above do suppose c. And the aforesaid R. R. W. c. do pray licence thereof of imparling here c. and they have it c. And afterwards in that same County here c. the same R. R. W. c. by their Atturney aforesaid came againe into the Court of the Lord Protector And the aforesaid T. N. tenant by his warranty although solemnly exacted came not again but in contempt of the Court here departed and made default Therefore it is granted by the Judges of the County aforesaid that the aforesaid R. R. W. B. B. O. recover their seisin against the aforesaid W. M. of the tenements aforesaid above demanded with the appurtenances c. And that the aforesaid W. M. have of the lands of the aforesaid T. N. the value c. And the same T. N. in mercy c. Charges of a Recovery with two Vouchers in person at the bar FOr drawing your Precipe 0 2 6 For taking it into the remembrance  1 0 For your writ of Entry  2 6 For the Fine of it   To the Receiver  0 6 For the Doctors hand entring and endorsing  1 6 For drawing it at
bar 4 Serjeants  13 4 To the Criers  1 0 To the Box  1 0 To the Warden of the Fleet  0 6 For the Common Vouchee  0 4 For the Attorney Generals hand to the Writ  10 6 For making the Remembrance when the Recovery is drawn at the bar  2 0 For the return of the writ of Entry  0 4 For return of the writ of Seisin  2 0 To the Prothonotary for entry of the Recovery  14 6 To the Clerk for exemplifying thereof and making the writ of Seisin  7 6 For sealing the Exemplâ—fication writs of Seisin  2 9 For filing the writs of Entry and Seisin  2 0 For the Fee of the Demandant Tenant and Vouchee in the Recovery  10 0 Charges of a Recovery by summons upon a warrant of Attorney For drawing your Precipe and the warrant of Atturney 0 3 4 For entry of the Summons 0 6 6 For making the writ of Summons the Seal 0 2 7 To the Clerk for drawing the Summons and the entry in Parchment 0 2 6 For filing every warrant of Atturnment 0 0 8 For return of the writ of summons 0 2 0 For the filing of it 0 1 0 Note that every single Voucher hath 3 Serjeants a double Voucher 4 Serjeants and a treble Voucher hath 5 Serjeants and so further The Prothonotary hath as you see for his Entry for every Summons 0 6 6 For every single Voucher 0 10 6 For every double Voucher 0 14 6 For every treble Voucher 0 18 6 For every Dedimus Mittimus 0 4 0 The Charges of a Recovery under the great Seal of England For the Certiorari 0 13 4 For the allowance thereof 1 9 6 To the Clerk for his pains 0 6 8 For the Exemplification of every Skin 1 6 8 For the Seal 1 0 6 THE TABLE THe Definition of a Fine pag. 1. Who may be Cognisors in Fines and who not 7. What persons may be Cognisees in fines 9. Of what things fines may be levied and what not 10. By what names things may pass in fines 12. The order form of placing things in fines 14. The place wherein the Lands lie 16. Of the forms of Concords 17. Observations at the knowledge of fines how to acknowledge a fine before the Lord chief Justice 18 The charge of the said fine 21. Observations at the knowledge of a fine by a special Dedâ—mus Potestatem 22 The charges thereof 25. How to acknowledge c. by Ded. Potest 25. Charges of a fine knowledged by Ded. Potestat before a Judge and exemplified 26. The charges thereof 27. How to acknowledge a fine at the bar in Court 28. The charges thereof 29. A Writ of Coâ—enant of Common 23 Of Land and Sheep walk ibid. Of wood and foldage ibid. Of wood 33. Of a Parsonage impropriate and of the moyety of Tithes ibid. Of a Mannor of rent and of free folding for sheep ibid. Of a writ of Covenant of 3 parts of 4 Messuages 4 Cottages c. 34. A writ of Covenant of Tithes ibid. A writ of Covenant of the Scite of a Monastery ibid. A writ of Covenant of divers things 35. A wrir of Covenant of Dismes and Tithes 36. A Release by fine by one to two 37. A fine sur cognisance de droit by the Husband and Wife to two ibid. A fine by Baron and Feme and another 38. A fine of a parcel in reversion by a coparcener 39 A fine by an Earl Husband and Wife to an Archbishop and another 40. A Concord from two to two with special warranty 41. A fine upon a recognisance of right as that which he hath of his right with release and warranty by Husband Wife to a third person with a general warranty 42. A Concord of many things together sur cognisance de droit come ceo c. 43 A fine of a rent 47. A fine of part of a rent by Husband Wife 48. A Praecipe with an exception and saving some parcels ibid. A Concord with a render for life to the Husband and Wife being the Conusors of parcel of Mannors and Lands contained in the writ of Covenant the remainder to the first second begotten sons of the Cognisors in tail and to the heirs males for default c. then to the Cognisors in general tail for default c. then to the right heirs of the Cognisors for ever with render and grant of 10 Messuages c. residue of the same Mannor c. to the said Cognisors 49 A fine of homage rent and services 51. A fine of a Mannor and Knights Fees and services by the Husband and Wife others 52. An old fine in Frank almoigne before Justices in Eyre in Anno 55. H. 3. 53 A Concord of Lands in the County Palatine of Lancaster 54 A Lease for reserving a Rent 55. A Lease for years rendring rent 55. A Lease for years by fine by one his wife 57. A Lease by Tenant for life for 21 years if shee lives so long 58. A Lease to the wife for 21 years to commence after her Husbands decease reserving a rent the Cognisees grant back the same reversion and rent 60. A fine of a remainder for years 62. A Lease in Reversion paying rent 63. A Lease to divers for 90 years for their lives with rent and herriots reserved c. 64. A Lease reserving a rent of 20l. with a Nomine poene and a distress 66. A fine upon Grant and render to one for term of life without impeachment of wast for 16 years after her death then the one moyety to one in fee the other to another 68 A render for life the reversion to one and his heirs males the remainder to another and his heirs 69. A Lease for life the remainder for life to the wife in the name of her Joynture with the remainder in tail bid A fine where the Husband buyeth lands and granteth them again to the Cognisors for his Wifes life 70 A Concord of divers Tenements Rent of a Rectory and Advowson c. 71 A fine of the fourth part of two Messuages the one by a Coparcener of his part c. to two strangers 72 A fine of Lands part in possession and part in reversion of a third part for term of the life of the Tenant in Dower and for term of the life of another Tenant for term of life 74 A Grant and Render of a reversion of a moyety 76 A Render to the Cognisor for one week after to a stranger for life and to his Wife for life if she keep her unmarried the reversion to another stranger and his heirs of his body upon M. his Wife begotten the remainder to another and his heirs 78 A Fine of two Reversions 79 A Grant to the Cognisee and his Wife and the heirs of their two bodies with Warranty 80 A Grant with a Render back again for
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
parcel c. 12. Atturney in Quid juris clamat 13. The return thereof 14. A Distrâ—ngas ad atturnandum 17. Of the ingrossing of Fines 24. Of the Tabling of fines ingrossed 25. How many Proclamations are to be made upon fines and when 26 Of the Proclamations of fines at the Assizes and General Sessions and how they must be certified 27. Of the Inrollment of all the parts of fines at the ingrossing thereof and Proclamations passed 28. Of the Exemplification of the parts of fines inrolled 30. Of one inrolled according to the Statute 23 El c. 3. ibid. How fines Executory be executed 36 Execution of fines by writ 37. Of execution of fines by Scire facias 41 A Scire facias upon a fine 46. A Mittimus of the transcript of a fine and a Scire facias thereupon 51. A fine levied to one by a Guardian 55. Cozenage alleadged in the Scire facias 62. A writ to the Bishop to certifie Bastardy 69. Certain causes of the nature and form of a Scire facias upon a fine 74. What Fines with Proclamations bar not the issue in tail 78. What time after a fine levyed and Proclamation made any man hath to enter or claim by action or otherwise who are thereby barred forthwith and who not 79. How privies in bloud are bound in fines 81. Of Estrangers having present right and no impediment 82. Of Estrangers that have present right and impediment 83. Of Estrangers having divers defects 87. Of Estrangers without impediments having future right for cause precedent ibid. Of Estrangers with impediments having future right 89. Of Estrangers having no right for any cause before the fine 91. Of Estrangers having divers future rights by divers titles 92. Estrangers to fines having neither present nor future right to the Tenements in the fine at the levying thereof but only unto rents Common c. issuing out of the same 94. Pleas to avoid fines 95. Of a writ of Error 97. A writ of Error directed to the chief Justice 98. Another to the Custos brevium 99. Another unto the Chirographer ibid. For what Errors Fines and Proclamations be not reversable 100. Of Error in the Proclamation of a Fine 101. Of a Certiorari ibid. A Certiorari of the transcript of the foot of a fine 102. Otherwise of the tenor of the note of a fine 103. Otherwise before Justices now of the Bench ib. A Mittimus of the transcript of a fine out of the Chancery into the Common place ibid. A Mittimus 106. A Mittimus for the foot of a fine ibid. Whether any but he which reserverh a fine may reap benefit thereby 107. Warrantia Chartae 108. The writ of Warr. Chart. ibid. Count by Baron and Feme upon a Fine with warranty 110. Of Recoveries for Assurances c. 124 Of what things writs of entry may be brought and by what means 128. Of what things a writ of entry lyeth not 129. A Certiorari to the Executors of the Justice before whom the warrants were acknowledged 131. The return of the same 132 A Recovery with single Voucher 133. A Recovery with double Voucher ib. A Recovery with treble Voucher 134. A Recovery of an Advowson in the County Palatine of Lancaster 135. All the parts of a Recovery in a writ of Right De precipe in Capite Exemplified 136. The warrant of Attorney thereof 138. A remission to the Court in a writ of right 139. The Exemplification of a Recovery inrolled ib. A Pardon of alienation upon Lands by a writ of entry recovered 142. A Common Recovery by divers before the Justices of Chester and Judges of the same County of a Mannor c. 161. The like Common Recovery in the said County of Chester to the next before and of the same Mannor and lands 164. Charges of a Recovery with 2 Vouchers in person at barr 167. Charges of a recovery by summons upon a warrant of atturney 168. FINIS