either such as are void of impediments or such as have impediments and the same be either parties or privies to the Fine or estrangers to the same And again they have either present right or future right such have the same either wholly after the fine or partly before parrly after and some of them have but one title and some divers and others have no right to the Tenements comprised in the fine but to some things therein or issuing out of the same Parties to Fines void of impediments at the time of the levying of the same and their Heirs are thereby barred presently and have no time at all to avoid the same by entry or claim 1 R. 3. ca. 7. 4 H. 7. ca. 24. whether they be persons having naturall capacities or civill If they be such civill bodies or corporations as have in themselves absolute estate and authority of their possessions so as they may maintain a Writ of right thereof as Maior and Cominalty Dean and Chapter Colledges societies corporate and such like and their successors and barred by fines presently Plo. 338. a T. 20. Eliz. But Deans Bishops Priors Abbots Masters of Hospitals Parsons Vicars Prebendaries Chauntry Priests and such like which may not have a Writ of right but either a Juris utrum Fitz. Nat. fol. 48. 1. or sine assensu Capituli fit Nat. fo 118. 1 are not barred by such fines if the patron and ordinary joyn not with them Plo. 538. a. 20 Eliz. 375. b. 11. Eliz. How privies in blood are bound in Fines ANd by the same Statutes 1 R. 3. c. 7. 4 H. 7. c. 24. Privies in blood as Heirs of the Cognisors claiming by the same title that their Ancestor had that levied the Fine be barred presently thereby whether they be void of impediments or no. As if Land of Soccage tenure be given to a Baron and Feme in speciall tail the remainder to the right Heirs of the Baron in Fee and the Baron sole levieth a fine with Proclamation to his own use in Fee and after deviseth the same Lands to A. in Fee and hath issue and then the Baron and the Feme die the issue in tail is barred because he cannot otherwise convey himself to the tail and descent in tail than the Heir of the body both of his Father and Mother Tr. 18 Eliz. Dyer f. 251. p. 24. 9 H. 8. Dyer f. 3. p. 6. 32 H. 8. Br. Fine 109. Privies So if husband and wife tenants in speciall tail have issue and the wife die and the husband Marry another wife and have issue and levy a fine sur cognizance de droit come ceo c. and by the same fine take estate in speciall tail the remainder over c. and die the issue by the first wife is barred because he is privy in blood the continuance of the possession in the husband notwithstanding 32 E. 3 Dyer pl. 16 Eliz. f. 354. p. 31. and 32. But if my Fathers Brother disseise him and levy a fine with Proclamation and my Father and Unckle within five years after Proclamation die yet may I avoid it by entry at any time before the end of the said five years notwithstanding that I am privy in blood unto my Unckle for that my title to the Land groweth by my Father and not as Heir unto my Unckle P. 19 H. 8. Dyer f. 3. p. 3. Nevertheless if my Father disseise my Grandfather of an estate in Fee and thereof levy a fine with Proclamation and first my Grand-father and then my Father die I am now barred as privy because I cannot otherwise convey my self to the Lands than as Heir unto my Father the Cognisor P. 19 H. 8. Dyer f. 3. p. 3. Of Estrangers having present right and no impediment BUt Estrangers to fines which be all persons not parties nor privies and being void of impediments naturall and legall and having present right to the Lands in the fine have only five years after Proclamations to enter and claim their right 1 R. 3. c. 7. 4 H. 7. c. 24. Tenant in remainder or reversion upon an estate for years or at will As if one have a remainder or a reversion depending upon an estate or years or by Statute Staple Statute Merchant or elegit and the termor be disseised and a fine levyed c. and five years passed they be all barred thereby for that these termors might presently have entred and he in the reversion or remainder for such disseisin might have had an Assise So the Statute 4 H. 7. c. 24. seemeth to bar the Termors through negligence by this word Interest which comprehendeth a Term Pl. f. 374. a. And if a Tenant in tail be disseised and a fine levied with Proclamation and five years past and the tenant in tail dieth the issue in tail is bound for ever per Dyer and Catlin for the right was present to the tenant in tail at the time of the fine levyed and he cannot claim but by the same title which his Father had which was barred in his life time Plo. fo 374. a Dyer fo 3. Pl. 19 H. 8. 7. The like it is of the Laches of him in the remainder or reversion for it barreth him and his Heirs Pl. fo 374. a. Dyer fo 3. p. 6. Of Estrangers that have present right and impediment BUt Estrangers to fines pestred by impediments of infancy coverture madness idiocy lunacy imprisonment or absence out of the Realm at the levying of fines and having then present right or interest have yet liberty five years after such infirmity removed to make entry or claim c. 1 R. 3. c. 7. 4 H. 7. ca. 24. Infants And therefore an Infant hath five years after he accomplish his full age though he be in his Mothers womb Plo. s 367. a. because the Law intendeth that Infants by reason of their tender years do want understanding to know their right and whether their entries be lawfull or no And how to make their entries and claim or bring their actions according to their title Plo. fo 359. 4 H. 7. c. 24. Yet if my Fathers Brother disseise him and levy a fine with Proclamation and a year after the Proclamation my Father dyeth And after and within five years my Uncle dyeth I by reason of my Infancy have only so much time to avoid the same as at the death of my Father â—emained to come of the five years next after the Proclamation and not now five years because I claim by the same title that my Father had in whom the first five years were attached and begun Dyer fo 3. pl. 2. In like Maner and for the same reason if the Father or Ancestor be disseised and the disseisor levy a fine with Proclamation and within five years after the Proclamation the Ancestor dyeth his Heir being within age yet if he make not his entry or claim within the first five years after the Proclamation he is barred Plow f.
THE ATTVRNEYS GVIDE FOR Suing out of Fines Concords and Recoveries c BEING Choice and Exact Presidents for all sorts of Fines Concords and Recoveries Together with full Instructions in all proceedings relating thereunto and the certain charges of the same With a Table of all the Particulars Perused and Approved by G. T. an able Practioner and others LONDON Printed by F. L. for Tho. Firby and are to be sold at his Shop near Grays-Inn Gate 1656. To the Reader Reader THis Treatise was at first intended only for Private use but having been perused by some Eminent Practizers of the Law and Commended by them to be of Publique benefit and concernment I have adventured with their advice to present it to thee in Print I hope thou wilt reap so much benefit by it as will at least deserve thy acceptance However pass favourably by what Errors thou findest and thou shalt in as great a matter oblige both the Printer and Thy Friend I. B. The Definition of a Fine IT appeareth by many Writers of the Common-law That a Fine is nothing but a friendly composition or final concord had between persons of and concerning any lands or tenements rent or other thing hereditable being in esse tempore finis acknowledged and recorded formerly by the consent and license of the King now of the Lord Protector or his Justices before a competent Judge to the end to cut off all controversies that neither of the parties litigant from it may after depart And therefore well may it be said to be fructus exitus finis legis Plo. fol. 357. If we but consider that the Law was made to no other end than to settle peace In every Fine there are two several parties the Cognisor and the Cognisee the party levying the Fine is called the Cognisor and he to whom it is levyed is called the Cognisee There are five essential parts in a Fine first the original writ taken out against the Cognisor the Kings licence formerly so called giving the parties liberty to accord for which he had a Fine called the Kings silver being accounted a part the Crowns revenue Thirdly the Concord it self which thus beginneth Et est concordia talis c. Fourthly the note of the Fine which is an abstract of the original concord and beginneth thus ss inter R. quaerentem S. E. Uxorem ejus desorcientes c. Fifthly the foot of the Fine which beginneth in this manner Haec est finalis concordia facta in curia Domini Protectoris apud Westm a die Pasche in quindecim dies anno c. so that the foot of the Fine includeth all containing the day year and place and before what Justices the Concord was made Coke v. 6. cas Teye fo 3 8 39. There are two sorts of Fines the one at Common Law the other levied and proclaimed according to the Statute 1 R. 3. cap. 7. 4 H. 7. cap. 24. 32. 14. 8. cap. 36. In the levying and proclaiming of a Fine two several Statutes are chiefly to be considered the one of them is the Statute of 1 R. 3. chap. 7. The other is the Statute of 4 H. 7. chap. 24. being in some thing afterwards explained by a Statute made in Anno 32. H. 8. chap. 36. The Proclamations are four and are to be made four several Terms as hereafter shall be expressed Concerning Fines with Proclamations 5 things are to be observed 1 The time of levying proclaiming the same 2 The place where and before whom it is to be levyed 4 What Ceremonies therein are to be observed 5 the several times are to be observed and considered First that the Fine be levyed afâ—er the Feast of Easter which was in the year of our Lord 1496. for all Fines levyed before that time are out of the compass of this Statute 4 H. 7. as it appeateth by the letter of the same Statute 2 That the Proclamation must be made in time of the Term and therefore if any of those proclamations doe happen to be made either before the beginning or after the end of any Term or on a Sunday or other festival day exempted from the Term as on the Feast day of the Purification of St. Mary the Virgin Ascention day All Saints All Soules or on the Feast day of St. Iohn Baptist if it happen on any other day than on the Friday next after Trinity Sunday and to be recorded accordingly then if it be not holpen by the Statute of 23. Eliz. cap. 3. all the Proclamations are reversable by a Writ of error or by plea as it appeareth in Finches case Plow com 266 267. and then the Fine will be of no other nature and force than a Fine without proclamations And albeit the Proclamations were all made within the Terms according to the form of the Statute yet if the record or records do purport the contrary they are reversable by error or avoidable by plea if it be not holpen by the said Statute for a record is of that credit in law that no averment may be admitted to the contrary A Fine doth for ever conclude and bar as well privies as strangers to the same except such strangers as are women covert other than be parties to the Fine and every other person being within age viz. the age of 21 years in Prison or out of this Realm or not of whole mind at the time of such Fine levied But this exception is conditional viz. that they or their heirs inheritable to the same lands c. do take their action or lawfull entry according to their right and title they have to the Tenements therein contained at time of the ingrossing thereof within 5 years next after they be of full age of 21 years out of prison uncovert within this Realm and of whole mind Now let us see who are privies and who are strangers to a Fine according to the Statute there are three privities only 1 privity in blood only 2 privity in Estate only 3 privity in blood and estate There are three kinds of privities 1 in blood tantum 1 one when a man is heir to his late Ancestor and yet hath nothing by discent from him As for example if a father seised of lands in Fee doth thereof infeoffe a stranger and his heirs or if he by his last Will and Test in writing did dispose the same being holden in soccage to another in Fee and hath issue and dyeth in this case such issue is privy in blood having nothing by discent 2 Another kind of privity in blood is when something is descended unto him as heir unto his Ancestor and yet he claimeth the same by some other right and not as heir to such an Ancestor As for example if there be a Father and Son and the Son purchaseth lands of a stranger in Fee and is there of disseised by his Father who dyeth thereof seised the same descend to his Son aâ— heir in this case
the Son is privy also in blood but not in estate for although the possession of the same land came to him by discent as heir to his father yet he was therein remitted forthwith to his former estate 3 And a third kind of privitie in blood tantum is where a man in some respect is privy in blood and estate and in another respect privy in blood tantum As for example if there be two brothers and the eldest purchaseth lands in Fee is thereof disseised by his younger brother afterward disseised by a stranger and that stranger dyeth thereof seised the younger brother being within age and afterwards the elder brother dyeth without issue the younger Son hath two manner of rights to the land the one is a right of entry against such heir as is in by discent during his minority but that right is only in respect of his former possession which he obtained by disseisen and not as heir to his brother and in this respect he is privy in blood to his eldest brother but not privy in estate The other right that is now in the younger brother is only a right in action and not a right of entry and this is in him as heir to his brother whose entry was taken away by the said discent in respect of his right he is privy in blood and estate to his brother Privity in estate tantum is where a man claimeth an estate in land as assignee to another as if A infeoffe B. in this case B. and his heirs are privy in estate to A. Privity in blood and in estates are of two sorts whereof the one may properly be called a privity of blood and estate the other is so called improperly and in a borrowed sence That which is properly called a privity in blood and estate is when both privities do acrew by discent by or from one Ancestor The other is when one of them acreweth by one manner of title and the other by title of another kind as for example if there be a father and a son and the father purchaseth lands and dyeth thereof seised and the same doth descend to his Son he is to his father in a proper sence privy in blood and estate because both those privities doe to him acrew by one discent from one Ancestor It is to be noted that such privies as the Statute meaneth are after the ingrossing of the Fine Proclam made according to the form of the Statute absolutely barred without hope of recovery or restraint by any claim but such as are strangers are barred only conditionally if they or their heirs do not claim according to the form of the Statute within the times therein prescribed It is a rule in Law that no error in the fault of the Judge can be assigned to reverse a Judgement unless it may be tryed by view of the Record or by inspection of the person for if it should many grave Judgements would be overthrown by corrupt tryals of false surmises to the subversion of Justice and maintenance of Vice But if the Judge give Judgement for the one party upon the matter appearing of record whereas he ought to give judgement for the other party this is reversible by error because such a fault of the Judge through ignorance of the Law is apparent by the view of the Record What persons may be Cognisors in Fines and what not AN Infant ought not to be Cognisor especially if it be a Feme covert for that she cannot reverse it during the coverture which continuing till she come to full age barreth her for ever 50 E. 3. fo 5. 21. Ass 53. * 7 H. 4. s 23. 43 E. 3. f. 20. Also no feme covert ought to levy any Fine without her husband is avoidable by the entry of him yet since a Fine levyed at this day and proclamation according to the form of the said estate of 4 H. 7. 31 Eliz. cannot be avoided by the entry of the Husband of the Cognisor as to the estate of inheritance but only to the frank tenement during the Coverture and so long afterwards as he shall be tenant by the curtesie if he had issue by his said Wife before the Fine levyed And in that case albeit the Husband do enter in 5 years or before Proclamations had and made the feme and her heirs are barred as privies to the Fine the words of the said Statute of 4 H. 7. be the Fine to be a final end and conclude as well privies as strangers and yet all strangers shall not be barred by such Fine The King is no such stranger as is comprised in the the said Act for if the Law-makers had meant to conclude the King thereby of his right then it is not to be doubted his greatness being such as it could not be forgotten but they would have made some provision for his claim which thing they have not done because they never intended to conclude him but others being bodies corporate of things that goe by way of succession are comprised in this word strangers in the body of the Act. And yet they are not contained in the letter of exception or of any of the savings which do save râ—ghts to men and their heirs speaking nothing of Corporations or successions or of any thing in succession He which intrudeth upon the Kings possession ought not to be Cognisor for his Fine is void for by his entrie upon the King after office and before livery sued he gaineth no freehold 1 H. 7. fo 9. 24 E. 3. f. 65 but if the Fine be levyed without intrusion it bindeth the Cognisor and his heirs if the Husband levies a Fine of his wives land without her it is void 32 H. 8. c. 28. If a woman be Cognisor she ought to be examined whether she do of her own free will or by compulsion of her Husband but being Cognisee she is not to be examined because it is for her benefit 3 H. 6. f. 42. E. 3. f. 7. A Woman may not levy a Fine of such lands c. as she hath in Dower Joynture or for her life or in tail of the gift of her husband or of any of his Ancestors or of any person seised to his use upon pain to loose her estate 11 H. 7. c. 20. Neither an Ideot natural nor any other person of non sane memorie ought to be Cognisors for their Fines as it seemeth may not be reversed 17 E. 3. f. 52. 78. 17 Ass 17. A Tenant for life may not without danger to forfeit his estate be Cognisor in a Fine upon grant and render but upon a grant and release he may 44. E. 3. f. 36. And he may also be Cognisee in a Fine of release without forfeiture of his estate 1 H. 7. f. 9. Rent cannot be reserved upon a Fine sur cognisance de droit come ceo que il cognisee ad del done de cognisor nor sur fine sur release otherwise than by render
â— H. Plantiffes T. N. I. his wife one of the Cousins and Heirs of R. E. Defortients of the Moyety of the Manâ—ors of W. and R. with the appurtenances and of the Moyety of 80 Messuages 40 acres of Land 300 acres of Meadow 50 acres of Pasture 100 acres of Wood 30 acres 〈…〉 and Heath 160 acres of Moore 200 acres of Marish and 20 shillings rent with the appurtenances in W. R. W. P. T. 〈…〉 of the advowson of the Moyety of the 〈◊〉 of E. W. P. and R. and 〈…〉 of the Moyety of the 〈…〉 of L. whereof Plea of Covenaâ—◠〈…〉 between them in the 〈…〉 that the aforesaid T. and â— â—ave 〈…〉 the aforesaid Moyeties with the appurtâ—nances and the advowsons afoâ—â—said to â—e â—â—e right of him the said A. of which the said A. and L. have by gift the Moyety aforesaid of the Mannor of R. with the appurtenances also the Moyety of 80 Messâ—â—geâ— 260 acres of Land 100 acres of Meadow â—00 acres of Pasture 80 acres of Wood 200 acres of Ling and Heath 140 acre of Marisâ— 100 acres of Moore and six pounds six shillings rent with the appurtenances in R. T. H c. and also the advowson of the moyeâ—y of the Church of R. and the advowson of the moyety of the Monastery or Priory of L. parcelâ— of the Moyety of the Mannors Tenements rent and advowsons aforesaid by the gift of the aforesaid T. and I. and those they have remised and quite claimed from them the said T. and I. and the Heirs of him the said I. to the aforesaid A. and L. and the Heirs of him the aforesaid A. for ever And furthermore the said T. and I. have granted for themselves and the Heirs of hâ—m the said I. that the moyety of the Mannor of W. and the moyety of 30 Messuages 250. acres of Land 100 acres of Meadow c. with the appurtenances in W. P. E. and W. aforesaid and the advowsons of the moyety of the Churches of P. E. and W. aforesaid being the residue of the moyety of the Mannors Tenements rent and advowsons aforesaid which E. E. holdeth for term of her life of the inheritance of the aforesaid I. the day that this Concord was made and which after the decease of the said E. E. unto the aforesaid T. and I. and the Heirs of him the said I. ought to revert after the decease of her the said E. E. wholly shall remain to the aforesaid A. and L. and the Heirs of him the said A. to hold together with the aforesaid moyety and advowson which to them by this Fine do remain of the chief Lords of that Fee by the services which unto those moyeties and advowsons do belong for ever And the aforesaid T. and I. and the Heirs of him the said I. will warrant to the aforesaid A. and L. and the Heirs of him the said A. the aforesaid moyeties with the appurtenances and the advowsons aforesaid as aforesaid against all men for ever And for this recognisance remise quite claim warranty fine and Concord the said A. and L. have granted to the aforeaid T. and I. the aforesaid Moyetie oâ— the Mannor of R. and the moyety oâ— the Tenements with the appurtenances aforesaid in R. T. H. c. aforesaid Also the advowson of the moyety of the Chuch of R. aforesaid the advowson of the moyety of the Monastery or Priory of I. aforesaid and those to them they have rendred in the said Court. To have and to hold to the said T. and I. and the Heirs of him the said I. of the chief Lords of that Fee by the services which unto those moyeties and advowsons do belong for ever And also the said A. and L. have granted the aforesaid moyety of the Mannor of W. with the appurtenances and the aforesaid Moyety of the the Tenements with the appurtenances in W. P. E. c. aforesaid to the said T. and I. and those also have rendred in the said Court. To have and to hold immediatly after the death of the aforesaid E. E. to the said T. and I. and the Heirs of him the said I. of the chief Lords of that Fee by the services which unto that moyety and advowson do belong for ever 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 generall tail the remainder to another and his Heirs for ever ANd the Concord is such c. that the aforesaid A. hath recognised the Tenements aforesaid with the appurtenances to be the right of him the said I. as those which the said I. and D. have by the gift of the aforesaid A. and those he hath remised c. and for this c. the said I and D. have gran-to the aforesaid A. the Tenements aforesaid with the appurtenances And those to him they have rendted in the said Court To have and to hold to the said A. and the Heirs of the body of him the said A. lawfuly begotten and for default of such issue then the Tenements aforesaid with the appurâ—enances whloly shall remain to the Heirs of the body of R. T. Son of the aforesaid A. and the Heirs of the body of them â—awfully begotten and for default of such issue then the Tenements aforesaid with the appurtenances shall remain to D. E. and his Heirs for ever c. A Grant of Lands in tail to be holden of the Grantor in Soccage York ss COmmand S. B. Esq that he hold to W. S. Covenant of three Messuages c. with the appurtenances in C. And unlesse c. And the Concord is such to wit that the aforesaid S. hath granted to the aforesaid W. the Tenements aforesaid with the appurtenances and those to him he hath rendred in the said Court. To have and to hold to the said W. and the Heirs of his body lawfully begotten of the aforesaid S. and his Heirs in Soccage by Fealty only for all services and demands which unto the aforesaid Tenements do belong for ever And if it happen that the said W. shall dye without Heir of his body lawfully begotten then after the decease of him the said VV. the Tenements aforesaid with the appurtenances shall wholly remain to I. S. Grandfather of the aforesaid W. and the Heirs of the body of him the said I. lawfully begoten To hold c. ut antea And if no Heir of the body of the said I. shal be lawfully begotten then the aforesaid Tenements with the appurtenances shall wholly revert unto the aforesaid 〈◊〉 and his Heirs quite from other Heirs of the aâ—orâ—said W. and I. to hold of the chief c. And furthermore the aforesaid S. and his Heirs will warâ—ant to the aforesaid W. and the Heirs of his body lawfully begoten and to the aforesaid I. and the Heirs of his body lawfully begotten if the said W. shall dye without heir of his body lawfully begotten the aforesaid Tenements
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
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
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
theresidue of the Tenements aforesaid with the appurtenances in N. aforesaid which W. P. and D. his Wife hold for term of the life of her the said D. of the Inheritance c. ut antea And furthermore the aforesaid R. and A. and the Heirs of him the said R. will warrant the Tenements aforesaid with the appurtenances to the aforesaid G. and his heirs as â—t is said against the aforesaid R. and A. and the Heirs of him the said R. for ever And for this c. A grant to the Cognisee and his Wife and the Heirs of their two bodies with Warranty York ss COmmand H. F. Gent. that justly c. he hold to H. M. and I. his Wife covenant c. of the Tenements in S. And unless c. And the Concord is such to wit that the aforesaid H. F. hath granted the Tenements and rent aforesaid with the appurterances to the aforesaid H. W. and I. And those to them he hath rendred in the said Court. To have and to hold to the said H. W. and I. and the Heirs of the bodies of them the said H. W. and I. between them lawfully begotten To hold c. and the aforesaid H. F. and their Heirs will warrant to the aforesaid H. W. and I. and the heirs of the body of them the said H. W. and I. between them lawfully begotten the Tenements aforesaid as it is said against all men for ever And for this c. A Grant with a Render back again for life with Remainders in taile dividing the Lands Hereff. ss COmmand N. B. and A. his wife that they hold to T. R. and R. G. Covenant c. of one Messuage c. with the appurtenances in E. c. And the Concord is such to wit that the aforesaid c. with Release and warranty c. and for this c. the said T. R. have gâ—anted to the aforesaid N. and A. the Tenements aforesaid with the appurtenances And those to them they have rendred in the said Court. To hold to the said N and A. for the lives of them the said N. and A. and the life of the longer liver of either of them without impeachment of waste all the life time of the said A. To hold c. And after the decease of them the said N. and A. one Messuage c. with the appurtenances in F. aforesaid being parcel of the Tenements aforesaid shall remain to T. B. one of the Sons of the aforesaid N. and A. and the Heirs male of the body of the aforesaid T. lawfully begotten and then after the decease of the said T. the aforesaid Tenements being parcell of the aforesaid Tenements wholly shall remain to I. B. one other of the Sonnes of the aforesaid N. and A. the Heirs Males of the body of him the said I. lawfully begotten To hold c. And if it happen c. after the decease of the said I the aforesaid Tenements parcel of the said Tenements shall wholly remain to B. F. one other Sonne of the aforesaid A. and the Heirs males of the body of the aforesaid B. lawfully begotten To be held c. And if it happen c. that then the Tenements aforesaid shall remain to divers others and the right Heirs of the aforesaid D. for ever To hold c. And furthermore the aforesaid T. and R. have granted that after the decease of the aforesaid N. B. and A. his wife 44 acres of Land 2 acres of Meadow c. with the appurtenances in B. aforesaid being residue of the aforesaid Tenements shall wholly remain to the aforesaid B. F. and the Heirs of his body lawfully begotten To hold c. And if it happen that the said B. shall die without Heir of his body lawfully begotten that then after the decease of the said B. the Residue of the aforesaid Tenements shall wholly remain to the aforesaid T. F. and his Heirs and assigns for ever A Fine to entaile Lands to the Heirs of oâ—â— deecased Leicester ss COmmand I. C. Esq that he hold to M. C. Widdow Covenant of three Messuages c. And the Concord is such that the aforesaid I. hath granted to the said M. the aforesaid Tenements with the appurtenances And that to her hath rendred in the said Court. To have and to hold to the said M. and the Heirs of the body of her the said M. of the body of I. C. lately her Husband deceased lawfully begotten of the chief c. And if it happen that the said M. shall dye without Heir on her body of the body of the said I. C. lawfully begotten then after the decease of her the said M. the aforesaid Tenements with the appurtenances shall wholly remain to the right Heirs of the said I. C. deceased To hold c. And the aforesaid I. C Esq and his Heirs will warrant to the aforesaid M. and the Heirs of her body of the body of the aforesaid I. C. deceased and also to the right Heirs of him the said I. C. if the said M. shall dye without Heir of her body of the body of the said I. C. deceased lawfully begotten the aforesaid Tenements with the appurtenances as is said against the aforesaid I. C. Esq and his Heirs for ever And for this c. A Grant by a Duke and his wife as in the right of his wife to the Conusee for life of the Tennant for life with warranty a Render to the Cognisor for the Wives life to convey her title to her Husband COmmand T. Duke N. and M. his wife that they hold to T. T. Esq Covenant c. of the Tenements in W. and unlesse c And the Concord is such to wit that the aforesaid Duke and M. have granted to the aforesaid T. T. the Tenements aforesaid with the appurtenances and whatsoever the said Duke and M. have in the Tenements aforesaid with the appurtenances for term of â—ive of her the said M. And those to them they have rendâ—ed in the said Court. To have and to hold to the said T. T. and his Heirs of the chief Lords of that Fee by the services which unto the said Tenements with the appurtenances do belong all the life time of her the said M. And furthermore the said T. and M. have granted for themselves that they will warrant to the aforesaid T. T. and his Heirs the Tenements aforesaid with the appurtenances against all men all the life time of the said M. And for this c. the said T. T. hath granted the Tenements aforesaid with the appurtenances to the aforesaid Duke and those to him he hath rendred in the said Court. To have and to hold the said Tenements with the appurtenances to the said Duke and his Heirs all the life time of the said M. to hold ut supra A Concord oâ— a moyety of divers things in pâ—â—â—ession and of a reversion in Fee THis 〈…〉 finall Concord made c. beâ—â—â—en â— â— and
with the appurtenances as it is said against all men for ever And for this c. A Grant of Lands in tail to be holden of the Grantor by suit of Court and six shillings rent Essex ss COmmand I. G. Gent. that he hold to P. I. Covenant of 16 acres of Moore with the appurtenances in K. And unlesse c. And the Concord is such to wit that the aforesaid I. hath granted to the aforesaid P. the Tenements aforesaid with the ppurtenances and those to him he hath rendred in the said Court. To have and to hold the Tenements aforesaid with the appurtenances to the aforesaid P. and the Heirs of his body lawfully begotten To hold of the said I. and his Heirs by Knight service and suit of his Court at K. twice a year and yielding yearly to the aforesaid I. and his Heirs six shillings c. at the Feasts c. by equall portions yearly for ever to be paid And the aforesaid I. will warrant the Tenements aforesaid with the appurtenances to the aforesaid P. and the Heirs of his body lawfully begotten as it is said against the aforesaid I. and his Heirs for ever And for this c. A Fine of Knights Service Castle-gard and Murage upon a writ of Customs and Services THis is the final Concord made in the Court of our Soveraign Lord the King at Westminster from the day of St. Michael in 15 days in the year of the raign of King H. Son of King J. the one and fiftieth before G. D. P. and R. of M. Justices and other of the Soveraign Lords faithfull subjects then there present between W. of P. Plantiff and H. B. Deforcient of the Customs and Services which the said W. did require of the aforesaid H. for his Freehold which the aforesaid W. holdeth in W. and W. to wit of one Knights fee and a half with the appurtenances And whereupon the said W. demanded of the aforesaid H. that he should do to him for Castle-gard of B. when it shall happen and for the Murage of the said Castle when it shall be necessary as much as doth belong to the aforesaid Tenement which services the said H. to him hath not acknowledged And whereupon Plea between them in the said Court was summoned to wit that the aforesaid VV. hath granted for himself and his Heirs that the aforesaid H. and his Heirs and their Tenants of the honor of B. be quit from the aforesaid Services for ever saving to the said W. and his Heirs all other Services unto the aforesaid Tenement belonging And for this grant fine and Concord the said H. hath given by the assent and will of the said Soveraign Lord the King that granteth it c. This old Fine is in Dyer fo 179. pla 46. A Fine of a Mannor in Possession and other Lands in reversion Salop. ss COmmand VV. B that he hold to F. R. Covenant of the Mannor of R. with the appurtenances c. And the Concord is such to wit that the aforesaid W. hath recognised the Mannor and Tenements aforesaid with the appurtenances to be the right of him the said F. of which the said F. hath the aforesaid Mannor with the appurtenances two Messuages with the appurtenances in R. aforesaid parcel of the Tenements aforesaid by the gift of the aforesaid VV. and those he hath remised c. And hath granted for himself and his Heirs that two Messuages with the appurtenances in R. aforesaid residue of the Tenements aforesaid which A. B. widdow holdeth for Term of her life of the inheritance c. after the decease of the said A. shall wholly remain to the aforesaid F. R. and his Heirs To hold together with the aforesaid Mannor and parcell of the Tenements which to him by this Fine shall remain of the chief Lords c. And the aforesaid VV. B. and his Heirs will warrant to the aforesaid F. his Heirs the aforesaid Mannors and Tenements with the appurtenances as it is said against all men for ever And for this c. A Fine of Lands part in possession and part in Reversion with a Render again to the Cognisors and their Heirs Midd. ss COmmand T. M. Esq and M. his Wife that justly c. they hold c. to A. S. Covenant of the mannor of W. near Y. VV. in C. and G. with the appurtenances and of 350 Messuages c. also of the advowson of the Church of W. in G. in the County aforesaid And of the Mannor of D. with the appurtenances and of 10 Messuages c. and seven shillings eight pence half penny rent with the apputtenances in D. in the County of G. And of the mannor of S. with the appurtenances of 6 Messuages c. with the appurtenances in S. C. and V. in the County of D. c. And the Concord is such to wit that the aforesaid T. and M. have recognised the Mannors Tenements and rent with the appurtenances and the advowson aforeâ—â—id to be the right of him the said A. of which the said A. hath the aforesaid Mannors of W near Y. W. in D. c. and the advowson aforesaid in the said County of G. and the said Mannors of South C. with the appurtenances and the aforesaid Tenements with the appurtenances in South C. and V. aforesaid in the said County of D. parcel of the Mannors Tenements and rent aforesaid by the gift of the aforesaid T. and M. And those they have remised c. and have granted for themselves and the Heirs of the said M. that the aforesaid Mannor of S. aforesaid in the said County of S. And also the aforesaid Mannor of D. with the appurtenances in the aforesaid County of S. residue of the Mannors Tenements and rent aforesaid which F. S. Esq and E. his wife do hold for term of the life of her the said E. of the inheritance of â—he aforesaid M. the day that this Concord was made and which after the decease of him the said E. unto the aforesaid T. and M. and the Heirs of the said M. should revert after the decease of the said E. wholly shall remain to the aforesaid A. S. and his Heirs To be held together with the aforesaid Mannors Tenements and rent which to him by this fine shall remain of the chief Lords of the Fee by the services which unto the aforesaid Mannor Tenements rent and advowson do belong for ever the aforesaid T. and M. and the Heirs of the said M. will warrant to the aforesaid A. and his Heirs the asaid Mannors Tenements and rent with the appurtenances and the advowson aforesaid as it is said against all men for ever And for this c. the said A. hath granted to the aforesaid T. and M. the aforesaid Mannors Tenements and rent with the appurtenances and the advowson aforesaid and those to them he hath rendred in the said Court. To have and to hold to the said T. and M. of the chief
York ss BEtween A. B. Plantiff and C. D. Deforcient of 2 Messuages 2. Cottages 100 acres of Land 40 acres of Meadow 20 acres of Pasture one acre of Wood 8 acres of Ling and Heath and one penny Rent with the appurtenances in A. A Note of the Fine whereof Plea of Covenant was summoned between them c. that is to say that the aforesaid John hath recognised the Tenements and Rent aforesaid with the appurtenances to be the right of him the said A. and hath granted for himself and his Heirs that the aforesaid Tenements and Rent with the appurtenances which the aforesaid G. and I. hold for term of the life of him the said I. of the Heirs of the aforesaid C. the day wherein this Concord was made which after the decease of him the said I. unto the aforesaid C. and his heirs ought to revert after the decease of him the said I. shall wholly remain to the aforesaid A. and his Heirs to hold of the chief Lords of that Fee by the Services which unto the aforesaid Tenenement and Rent do belong for ever And for this recognisance grant fine and Concord the said A. hath given to the aforesaid B. 100 Marks sterling Upon which note before the ingrossing of the Fine if it be of a remainder reversion rent or Seigniory writs of Qâ—iâ— Juris clamat per quae servicia or quem reddiâ—um reddit must be sued as the case requireth Plo. fo 43. b. 22. H. 6. 13. Quid Juris clamat Quid Juris clam is a Judicial writ issueth â—ut of the Record of the Fine remaining in the keeping of the Custos brevium of the Common place Plo. 43. b. before it be ingrossed for after the ingrossing it cannot be had Plo. fo 431. b. 22 H. 6. 13. F. Nat. Br. 147 a. which lyeth for the grantee of a reversion or remainder when the particular Tenant will not atturn to enforce him to atturn 22. H. 6. 13. Plo. 431. b And it is made in this form Summons O. c. To the Sheriff greeting we command you that you cause to come before our Justices c. â—ali die G. and A. his Wife to know what right they claim in one Messuage c. with the â—pâ—urtenances in B. which Tenements with the appurtenaâ—ces M. who was the Wife of G. in our Court c. hath granted to A. of B. by a Fine thereof there between them made And have you c. And the final cause of this writ of quid Juris clamat is that the grantee or cognisee of the reversion or remainder may by that Atturnment of the particular Tenant be enabled if cause be given to bring an Action of wast or to avow for rent reserved or services behind which he cannot do without Atturnment Plo fo 431. b. 22. H. 6. 13. Tenant in Dower Tenant in Dower shall atturn though the writ suppose her to be Tenant for life because she claimeth no greater estate than Frank Tenement Hil. 3. E. Fitz. Quid Juris clamat 3. yet it seemeth she thereby looseth her warranty and advantage to be newly endowed if she be evicted 10. E. 3. Fitz. Quid juris clamat c. 41. If a gift be for life the remainder for life the writ must mention the remainder Hil. 3. E. 3. 15. Fitz. Fines 9. It is meet therefore to learn who are compellable hereby to atrurn and who not and by whom What Persons may obtain Atturnment by Quid Juris clamat and what not Grantee of a reversion THe grantee of a reversion voyd of impediment 34. H. 6. b. Fitz. Na. Br. fo 168 b. F. N. B. 147 a. Infant But an Infant cannot because if a Lease for life without impeachment of wast be pleaded in Barr he cannot confess it 43. E. 3. 5. Contr. 23. E. Fiz quid Juris c. 42. Nothing in the reversion Feme Covert If the Cognisor have nothing in the reversion the Tenant shall not atturn Lib. Int. fol. 436. A Fâ—me Covert without her Husband albeit the Fine was levyed when she was sole 11. H 4. 7. Divers If there be divers Pleas and one die hanging the Plea yet shall the Tenant atturn to the rest 48. E. 3. 32. Divers Or if divers sue the writ and one be non-suit yet attournment shall be unto the other without Summons and severing of the other 46. E. 3. 32. Abbot Abbot avera atturnment dum ten pur vie sans mre licence et nest forfeiture 17. E. 3. 7. Disseasor If Cognisee discease the Tenant of part he shall have no atturnment 19. E. 2. Fitz. Quid Juris c. 46. What Persons be compellable to atturn by Quid Juris clamat and what not T. for life THe writ of Quid Juris clamat lyeth against the particular Tenant of the Land for life 34. H. 6. b. Nat. Br. fo 168. b. Fitz. Nat. fo 147. a 49. h. though he be but a Tenant for life of Land holden in Capite or a Feme Covert Feme Covert 45. E. 3. 11. And a Tenant for years shall atturn 3 H. T. for years 4. 3. T. In tail But Tenant in tail is not compellable because of the estate of inheritance which is in him 38. E. 3. 20. Nor Tenant in tail after T. in tail after possibilities c. possibility of issue extinct for the inheritance that was once in him 43. E. 3. 1. 46. E. 3. 13. et 72. T. for life of Lands in Capite A particular Tenant for Lands holden in Capite is not compellable to atturn without sight of Licence of alienation lest his Lands should be subject to a Fine for the alienation without licence 45. E. 3. 6. Executors If A. and B. have an estate for ten years as executors and B. have five years in reveruÌ„on in his own right he must atturn because he is possessed of the whole term and the attornment of one executor of a Term is good enough 32. E. 3. Fitz. Quid Juris 5. p. Stanh T. pur vie ove A. pur ans But if A. Lease to B. and C. for six years and after confirm the Estate of B. for life the note of the fine shall make mention of B. onely per Seton 32. E. 3. Fitz. Quid Juris c. 5. T. in Dower T. by the Courtesie If Tenant in Dower or by Courtesie grant their estate yet the Quid Jur. clam lyeth against them for none but they can be Tenant in Dower or by the Couttesie 18. E. 3 5. T. for years upon Condition If a Leasee for years with livery be upon Condition that if the Leasee pay 10 pound such a day or the Leasor die within the term c. He shall have Fee if before the day the Lessor alien by Fine this Tenant shall atturn salvis advantagijs And yet if he pay the ten pounds at the day or
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
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
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
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