Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	die_v	heir_n	warranty_n	1,713	5	13.5340	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A14970	The second part of Symboleography, newly corrected and amended, and very much enlarged in all the foure seuerall treatises. 1. Of fines and concordes. 2. Of common recoueries. 3. Of offences and indictments. 4. Of compromises and arbitrements. Wereunto is annexed another treatise of equitie, the iurisdiction, and proceedings of the high Court of Chauncerye: of supplications, bils, and aunsweres, and of certaine writs and commissions issuing thence, and there also retornable: likewise much augmented with diuers presidents, very necessary for the same purpose, beginning at the 144. section, and continuing to the end of bils and aunsweres. Hereunto is also added a table for the more easy and readie finding of the matters herein contayned: the new additions hauing therein this marke * set before them; Symbolaeographia. Part 2	West, William, fl. 1568-1594.	1601 (1601)	STC 25278; ESTC S119713	604,936	622

If one haue a villein for yeres as executor who purchaseth lands in fee thexecutor by law and conscience shal haue the same lands in fee to the behoofe of his testator and they shall be deemed assets in his hands D. S. lib. 2. cap. 18. because he hath them by reason of his villein If a Lawier ignorantly or affectionately giue wrong counsel to his client who followeth it to his trouble and losse yet is he remedilesse as it seemeth D. S. lib. 2. cap. 19. Therefore it is good to aske aduise of none but such as be learned in the Lawes and of good conscience If a man without consideration giue landes by Indenture to H. and his heires vpon condition that if he pay not vnto I. S. ● li. rent yerely that then the said I. S. may enter c. which rent is not paid yet the said I. S. may neither enter by law nor conscience because he is neither party nor priuie to the said condition notwithstanding the intent of the giuer for such intent being not grounded vpon the law is void D. S. lib. 2. cap. 20. Plo. 25. B. But the feoffor as it seemeth may lawfully reenter because the words of the Indenture implie a condition in law to that effect D. S. lib. 2. cap. 23. If a man without consideration confirme thestate of his lessee for life the remainder to another in fee this remainder is void in law and equitie because a Remainder cannot commence but at the same instant that the particuler estate whereupon it dependeth began D. S. lib. 2. cap. 20. Plow 25. b. yet the feoffor and his heires in this case may enter for the breach of the said condition If by a feoffement indented it be agreed that the feoffee shall yerely pay to A. B. and his heires a certein rent and that if he pay it not that A. B. and his heire may enter c. albeit the feoffee pay not the money yet may neither the said A. B. nor the feffor enter for that there is no clause of reentre in the said deede Howbeit it seemeth he may haue remedy in Chancerie for the said yerely payment D. S. h. 2. ca. 21. If A. promise to giue vnto B. a summe of money or other thing of meere motion without any consideration the partie is not bound to performe this promise either by law or in Chaūcerie because it is Nudum pactum D. S. lib. 2. cap. 24. If A. promise to giue B. x. s. in consideration of a trespas by him done vnto B. yet A. is not thereby bound in law nor conscience because this is an accord for which none action lieth And notwithstanding this accord B. may haue his action for the said trespas because the concord is executorie D. S. lib. 2. 24. If a man haue one sonne before mariage and an other after and bequeathed all his goods to his sonne and heire it seemeth both in law and conscience that the sonne borne after mariage shall haue the goods for he is heire by the common Lawes of the Realme of which the Spiritual Iudges are bound to take notice and to giue sentence accordingly of temporal things Notwithstanding that by the common Lawes the othersonne is legitimate and the testators heire for the auoiding of the inconuenience which might happen by the contrary iudgements in seuerall Courts In like maner temporall Iudges seeme bound in conscience to take notice of the common Law when they are to Iudge spirituall things and to order their Iudgements according to the same D. S. lib. 2. ca. 25. Iointenants and tenants in common of an Aduowson must within vi Monethes after auoidance agree and ioine in presentment of their Cierke And the eldest sister of Coparceners must present first and then the second by turne or by such composition as they make thereof except the yongest coparcener be the kings ward in which case the presentmēt belongeth to the king And if they keepe not this course of presentment within the sixe Monethes they loose their presentment for that time And the Ordinary may present by Laps both in law and conscience D. S. lib. 2. cap. 33. And if the auoidance be by death cession or creation the 6. Monethes commenc● at the death creation or cession the patron is bound to take notice thereof And if by resignation or depriuation then from notice thereof giuen by the Ordinary to the Patron If by vnion from the agreement how they shall present D. S. lib. 2. cap. 31. The wife suruiuing her husband which tooke a lease for yeres or life in both their names may lawfully and with good conscience waiue and relinquish it So may an Executor refuse a terme made to his testator if he haue not assets Do. St. lib. 2. 33. If A. infeoffe an Abbot by deede indented vpon condition and the Abbot onely performeth not the condition the feoffor both in law and conscience may reenter and haue his land againe as in his former right D. S. lib. 2. 34. Warrantie collaterall A Man seised of lands in fee hath issue two sonnes the elder brother goeth beyon● the Sea remaineth there vntil it be commonly reported that he is dead the father dieth the yonger brother entreth into his lands as his heire and alieneth with warrantie and dieth without issue of his body leauing no land to discend to his next heire and afterwards the elder brother returneth and claimeth the landes in his owne right yet is he barred by Law and conscience for that it is the act of his auncester whose heire he is by whom as he might haue had aduantage to haue had his lands by discent from his as his heire if he had had any so it seemeth reasonable that for the priuitie of bloud he sustaine disaduantage by him because both the seller and the buyer were ignorant of the elder brothers life and right by reason of his owne absence D. S. lib. 2. cap. 49. Litt̄ sect̄ 704. 705. 707. But if such heire were vouched by force of such warranty he might enter into the warrantie as one that hath nothing by discent from that auncester and so auoid the warranty Debtagainst one as heire If the father bind him and his heires for the payment of a debt die leauing assets by discent to his sonne heire he is bound to pay the debt by law and conscience because he hath such benefit by him Do. St. lib. 2. cap. 49. 26. H. 8. fo I. 40. E. 3. f. 38. 12. E. 3. f. 9. 13. E. 3. fo It is agreable both with law and conscience that a man outlawed either in felouie or in actions personals shall forfait loose all his goods because it is so ordeined for the necessitie of the admmistratiō of Iustice D. S. lib. 2. ca. 49. 43. E. 3. fo 18. 21. Ass 21. 39. H. 6. fo 26. 21. H. 7. f. 7. 49. E. 3. f. 5. 16. E. 4. fo 6. The like is of forfaiture of goods attached by

default of apparance aswel in Court Baron as in Courts of Record 28. H. 6. fo 34. H. 6. fo 29. and 40. 21. E. 4. fo 78. A man is disseised of landes the disseisor selleth the land the alienee knowing of the disseisin obtaineth a release with warrantie from a collateral auncester of the disseisee who also knoweth that the disseisee hath good right and title to haue the same landes that collaterall auncester dieth the warrantie discendeth vpon the disseisee as his heire without assets yet the disseisee is barred by law and conscience for it were inconueniēt that such releases other writings should be auoided by such allegations of conscience D. S. lib. 2. ca. 50. L●t̄ sect ' 707. If a feme couert being of full age leuie a fine by her husbandes compulsion yet after his death she shall neuer for that cause by law nor conscience be admitted to auoid such fine for the incōuenience which might thereof ensue if by such nude auerments matters of record should be auoided D. S. lib. 2. cap. 50. 7. H. 4. fo 23. If goods be wrecked vpon the Sea that is where goods be cast or come into the Sea by ship wracke so that no man dogg or catt come aliue to the land out of the ship or barge wherein they were caried which is deemed a Wrecke West 1. cap. 4. and the owner thereof prooueth them not to be his within a yere a day after such wrecke then the Q. ought to haue them both in law conscience because she is soueraigne head of the people and owner of the narrow Seas and is to scower thē as it seemeth from pyrats because the property of goods must needs be in some person otherwise they would perish which were against the weale publique in this case the first owner of the goods is vnknowen And the like is it of an Estray or Deodand But not of goods voluntarily weyued or casually lost and found by others for in these two last cases the propertie remaineth still in the first owners D. S. lib. 2. cap. 51. 35. H. 6. fol. 27. The like seemeth to be where a subiect hath wreckes by prescription 11. H. 4. fo 16. Nowe that wee haue partly seene where a Subpena lieth and where not let vs set downe somewhat of the ordinarie proceeding thereupon Of the ordinarie proceedings in the high Court of Chauncerie FIrst the partie greeued takes out his writ of Subpena against the Sect 20. partie or parties offending which Subpena is in haec verba Elizabeth Dei gratia Angl ' Franc ' Hiberniae Regina fidei defensor A subpena to aunswere c. A. C. salutem Quibusdam certis de causis coram nobis in Cancell ' nostra propositis tibi praecipimus firmiter iniungentes quod omnibus alijs pretermissis excusatione quacunque cessante in propria persona tua sis coram nobis in dicta Cancellar̄ nostra a die Paschae proxim̄ futur̄ in vnum mensem vbicunque tunc fuerit ad respondend ' super hijs qu● tibi obijcientur tunc ibidem Et ad faciend ' vlterius recipiend ' quod Curia n●a considerauerit in hac parte Et hoc sub pena centū librar̄ nullatenus omittas Et habeas ibi hoc breue Teste me ipsa apud Westm̄ xij die Feb. Anno Regni nostri tricesimo sexto Gorge c. But if the defendant be a Noble man then no Subpena is awarded but a letter by the L. Chauncelor or L. Keeper thus After my verie hartie cōmendations to your Lordship whereas there A letter to a noble man in steed of a subpena to aunswere hath bin of late a Bill of complaint exhibited into the Court of Chauncerie against you by H. D. gentleman I haue thought good to giue you notice thereof rather by these my priuate letters then by awarding her Maiesties ordinarie proces Wherefore these are to pray your Lordship to giue order for the taking out of a copie of a Bill and for the putting in of your aunswere thereunto according to the vsual course in such cases accustomed at or before octabis Hillarij next ensuing Of the which nothing doubting but that your L. will haue the care and regard which appertaineth I leaue your L. to the most mercifull keeping of the Almightie From Saint A. the ix of May 1594. Your very louing friend Io. Puckering The Superscription To my very good Lord I. L. D. giue these And it is to be noted that by the Statute 15. H. 6. cap. 4. a Subpena Suerties to yeld damages to the def is not grauntable without suerties to yeeld damages vnto the defendāt if he be not vniustly vexed And it were good to obserue this course for auoiding of causelesse and trifling suites to which most men be ouer prone Yet if the defendant doe appeare at the returne of the Subpena and Costs for default of a bill no Bill be put into the Court by the plaintife against him then costes are to be graunted for such wrongfull vexation And thereupon he may haue a Subpena ad soluend ' for the same costs in forme following ELizabeth Dei gratia Angl ' c. I. S. salutem c. vsque firmiter iniungentes Sect ' 21. A Subpena for costs quod to soluas vel soluifacias R. N. xl s. qui per considerationem domini Cancell ' vel domini custod ' magni sigilli cur̄ Cancell ' nostr̄ praedict ' eidem R. adiudicat̄fuerunt pro misis expensis suis quae ipse sustinuit ratione occasione cuiusdam queremon̄ quam tu erga eundem R. in Cancell ' nostra praed ' minime prosequereris cum effectu iuxta formam statuti inde edit̄ prouisi veltu ipse sis coram nobis Or thus pro expensis soluend ' Quod tu soluas vel solui facias praefat̄ R. xl s. qui eidem R. adiudicati fuerunt in Cancellaria praedict ' pro expensis suisoccasione iniuste vexationis quam ipse nuper indebite sustinuit in quadam billa versus ipsum R. in eadem Cancellaria ad prosecutionem tuam nuper fact̄ iuxta formam c. vt supra Or thus Quae sustinuerunt occasion̄ cuiusdam breuis nostri de Subpena eis direct ' ad sect ' tuam prosecuti ad comparand ' coram nobis in dicta Cancell ' nostra ad certū diem iam preteritum pro eo quod tu ad diem in dicto breui content̄ aliquam billam siue materiam versus eos minime exhibueris vel tu ipse sis c. Per Cancell ' Although the writ import that the Bill is put in before the taking out of the same yet if the plaintife put in his Bill by the returne of the The time to put in the Bill writ it is sufficient and no further proces passe And although the writ mention the paine of C. li. or such like yet if the

vpon any iust cause Neuerthelesse the aduantage of exception to the vncertaintie and insufficiencie of the said bill to these defendantes at all times saued For aunswere and declaration of the trueth they say and euery of them saith that true it is that one R. S. of F. in her Maiesties Countie of H. was in his life time seised in his demesne as of fee of and in one messuage and certaine lands and tenements in H. in the said County of H. and being so seised by his deed of foffement vnder his hand and seale about the xxxvi yeare of King H. the viii conueyed and assured the same messuage and lands vnto one I. S. his sonne and to his heires and assignes for euer as by the deed of the said R. vnder his hand and seale redy to be shewed vnto this honorable Court doth and may appeare By force whereof the said I. S. was thereof seised in his demesne as of fee And being so thereof seised for a certaine summe of money to him paid by W. G. father of one of the defendants did conuey and assure the said messuage and lands vnto the said W. G. and his heires with warrantie as by the deed and release of the foresaid I. S. doth and may appeare After which the foresaid W. G. the father vnto the said defendant died of the said messuage and lands seised After whose death these defendants entred into the said tenements and the same enioyed the their own profits and commodities as lawfull was for them to die without that that R. S. of H. in the said bill mentioned was seised of the messuage and lands in the bill mentioned in fee taile or that the said I. S. father of the complainant was seised of the premisses in the first yeare of King Edward the sixt or that the said W. G. father of one of the defendants got the possession of the messuage the euidences concerning the same other wise then was lawfull for him to doe Or that the defendantes or any of them do vniustly withhold the said messuage or lands in the bill mencioned or the euidences concerning the same otherwise then is lawfull for them to do in respect of their right And without that that the said messuage and lands with the euidences concerning the same do in right or equitie appertaine to the Complainant as sonne and heire to I. S. the father And without that that any other matter or thing in the said bill contained concerning these defendants and not in this answere sufficiently confessed and auoyded trauersed or denyed is true All which matters these foresaid defendants are c. vt supra The Replication THe Complainant auerreth and maintaineth his said bill of complaint Sect. 130. and all and euery the matters and things therein contained to be verie good iust and true in such sort maner and forme as in the said bill of complaint is declared And saith that the answere of the defendants for the most part is vncertaine vntrue and insufficient in the law to be answered vnto Neuerthelesse all aduantages of erception to the insufficiency thereof to this complainant at all times hereafter saued For replication saith in all and euery thing as in the said bill of complaint he hath said And further saith that he doubteth not but that he can verie sufficiently proue that the said I. S. this complainants father was about the first yere of the raigne of King Eow the sixth or not long before seised in his demesne as of fee taile of the foresaid mesuage lands and tenements in the said bill mencioned And he also hopeth to proue all the rest of the said bill to be true in such sort as the same is truely declared and set downe without that that the foresaid R. S. this complaynants graundfather being seised of the premisses in his demesne as of fee did lawfully by his deede of feoffement vnder his hand and seale about the xxxvi yere of king H. the eight conuey and assure the said mesuage and lands vnto one I. S. his sonne and to his heires and assignes for euer Or that the said I. S. being of the premisses seised in his demesne as of fee for a certaine summe of money to him paied by the said W. G. father of one of the defendants did lawfully conuey and assure the said mesuage and lands vnto W. G. one of the said defendants and his heires with warrantie as in the said answere is verie vntruely alleaged And without that that the said W. G. father to one of the defendants died of the said mesuage and lands seised in such fort as in the said answere is likewise declared or that it was lawfull for the said defendants after the death of the said W. G. to enter and occupie the foresaid mesuage and lands as also in the said answere is inserted And without that that any other matter c. All which c. vt supra A Bill for debt leuied by extent COmplaining sheweth c. A. B. of c. That whereas the said A. B. Sect. 131. in the beginning of her Maiesties Raigne liuing in her highnes Court for his furniture of iewels plate money and such like had credit with one C. D. Citizen and Goldsmith of London for the which as he had occasion to borrow any money or take by any wares so he deliuered his Bils or Obligations for the true paiment of any such money so borrowed or for the price of any such wares so bought at daies betwixt them agreed which daies he alwaies kept or tooke order for the for bearing thereof by himselfe or his seruants such as he did imploy in those affaires Amongst which there was in D. in the first yeare of c. a certaine debt or reckoning of how much certainely he now remembreth not betwixt him the said C. D. and the said A. B. for the which he the said A. B. was bound to the said C. D. in the summe of c. by his deed obligatory bearing date c. which Obligation as he now remembreth was single with a defeasance for the debt which was then agreed vpon to be answered at a certaine day following which said debt he the said A. B. paied accordingly by his then seruants and officers who vnknowing vnto the said A. B. did negligently as is to be coniectured leaue the bonds in the hands of the said C. D. after the reckoning and debt paid or discharged And so afterwards the said A. B. did deale and continue in further credit with the said C. D. for diuerse other great summes of money iewels and plate some vpon the said Goldsmithes booke and some vpon Bils and Bonds whereof the most part were afterwards discharged sauing one debt by Recognisa●ce about the foure and twentie day of c. in the c. being to the value of 200. markes In which said latter debt the said A. B. presuming of friendship and friendly dealing at the said C. D.

things excepted must succeede those things out of Things excepted which they be excepted And if there be diuers parcels in one writ that parcel out of which thexception is to be made ought to be last placed Registr̄ fol. 6. as de manerio de D. cum pertin̄ in C. excepto vno mesuagio duabus acris terre aduocatione Ecclesie de C. c. And euery thing excepted ought to be certainly named It needeth Pertinencie not to say cum pertin̄ after the thing excepted 40. E. 3. 25. And thexception must alwaies be of such things wherof the writ wil lie and be mencioned therein Plowd fol. 362. a 362. b 370. a Registr̄ fol. 228. 229. of which for the present view thensample ensuing videlicet Praecipe A. B. quod teneat C. D. conuenc ' c. de vno mesuagio vno cotagio medietate vnius mesuagij decem acrarum terrae cum pertin̄ excepta vna acra terrae in N. c. And finally the forme order of placing the particulers in a writ of Regula Couenant is in all things as in a Praecipe quod reddat of lands And further obserue the rule of the Register fol. 2. which partly appeareth in these Verses ensuing suagium tum lendinum umbare dinū ra tum tura cus ra Regula Mes tof mol col gar ter pra pas bos brue mora ria cus tum caria ditus Iunca maris alne rus red sectare priora The writ of Couenant must beare Teste before the writ of Dedimus Writ potestatem 35. H. 8. Br. Fines 116. Of Adiuncts proper to the writs whereof Fines be leuied OF Adiuncts proper to writs of Couenant and other writs vpon Sect. 29. which fines be vsually leuied some be internall Adiuncts and some externall Adiūcts internall be the days of returne and the date or Teste of the Adiuncts internal writ which be also common to other writs In the Returne it is to be obserued that there be xv dayes at the Returne least betweene the Teste and the day limited for the returne thereof 12. E. 4. 11. The Teste or date must not be vpon any Sunday or other festiuall Teste day which is not dies iuridicus in Court External Adiuncts to writs be the writing the Latin the affidauit Externall or composition the signing and the paiment of the fine and returning which be in like maner common to other writs Touching the writing thereof it is meete to be faire written without Writing rasing or interlining of any principall matter therein for such rasing Rasing Interlining False Latin or interlining will ouerthrow the writ in some cases 45. E. 3. 18. Also it behoueth that there be no false Latin in any such writs 7. H. 6. 34. And therfore such writs should heedfully be examined twise or thrise Examination of Writs ouer for feare of errors The forme vsed in the returning of such writs wil appeare amongst Returnes the presidents for the returnes are nothing else but the Shirifes answeres touching that they are commaunded to do by the same writs Vpon what writs fines may be leuied For so much as no fine can be leuied but upon some originall writ Originals Stat. de Finibus 18. Edw. 1. we are now to consider vpon what original writs fines are leuiable A writ of Couenant is the most vsuall writ whereu●ō fines are leuied Couenant Fitz. Nat. bre fol. 146. f. 35. H. 8. Br. Fines 116. Carliel St. 15. E. 2. Yet may fines be leuied vpon a writ Warrantia cartae 18. E. 4. 22. Warrantia cartae Mesne Customes seruices Carliel St. 15. E. 2. Or vpon a writ of Mesne 18. E. 4. 2. Or vpon a writ de Consuetudinibus Seruitijs 22. Ass p. 37. Pasc 14. Eliz. Dyerfol 179. pla 46. Or vpon any writs of Right 7. E. 3. fo 335. Plow fol. 358. Right Without original Yet Tremayle Iustice holdeth that if in a Praecipe quod reddat against the tenant for life which maketh default after default he in the reuersion or remainder be receyued a fine may be leuied of the land betweene the demaundant and him in the reuersion or remainder Ideo Quaere 21. E. 4. 4. A fine may be vpon a writ Quod permittat habere chiminum vltra Quod permittat terram le Cognizor 2. E. 3. 19. Fitzh Fines 102. The seuerall formes of Concordes A Concord is the verie agreement betweene the parties how the Sect. 30. lands shall passe in the forme whereof many things are to be regarded As if it be single whether it be sur cognizance de droit come ceo que il ad de son done Or sur graunt done releas or confirmation Or if it be a double fine with a render what estates are to be created thereby and of the reseruation of Rents nomine penae and clause of distresse and seruices with the clause of warrantie For which it is to be noted that when a fine is leuied to diuers Cognizees the right shal be limited to one of them onely and thestate limited to his heires onely whose right it is knowledged to be 3. H. 6. 42. 21. E. 3. 33. 43. E. 3. 11 24. E. 3 64. as this Et est Concordia talis scilicet quod p̄dictus A. cogn̄ ten̄t̄ praedict ' cum pertin̄ esse ius ipsius B. vt ill ' quae ijdem B. C. hēnt de dono praed ' A. Et ill ' remisit quiet̄ clam̄ de se haeredibus suis praefatis B. C. haeredibus ipsius B. c. But the kings tenant in Capite may knowledge the right of his lands to be in diuers for the kings benefit in hauing many such tenants in Capite 7. H. 7. 4. And likewise the releas and warrantie must be from the heirs of one of the Cognizors 44. E. 3. 21. for in a fine from diuers the fee must be supposed to be in one of them onely 21. E. 3. 33. In a fine sur graunt and render none can take the first estate vpō the render but some of the Cognizors but Reuersions or Remainders any estranger may take For if A. knowledge a fine to B. and B. render to the said A. Habendum sibi E. vxori eius and the heires of theri bodies c. by this fine E. must haue none estate because she is not named in the writ 24. E. 3. 28. 30. H. 8. Br. Fines 108. 7. E. 3. 64. And a man cannot by fine by way of remainder reserue a lesse estate to himselfe then fee And therefore if A. knowledge a fine to B. in fee and he rendre to A. in taile the remainder to himselfe for life this remainder is void for A. had fee simple before 24. E. 3. 28. 14. H. 4. 31. And a Concord cannot be of any other thing then is conteyned in the writ of Couenant and not of a

haeredibꝰ ipsius I. praefat̄ W. R. haeredibus ipsius W. imperpetuum Et praeterea ijdē I. A. concesserunt pro se et haeredibus ipsius I. quod ipsi warrant̄ praedictis W. R. haered ' ipsius W. praed ' ten̄tum cum pertin̄ contra p̄dict ' I. A. haeredes ipsius I. imperpet●ū Et pro hac recogn̄ remissione quiet̄ clamation̄ warrant̄ fine concord ' ijdem W. R. dederunt praedictis I. A. ducentas quadraginta libras sterlingorum A fine by two and the wife of the one of them of land medowe pasture and of wood with warrantie against the Conusor and his heyres Lincoln̄ ss PRaecipe R. B. gen̄ T. R. M. vxor̄ eius quod ten̄ Sect. 45. T. B. gen̄ conuenc ' c. de triginta acr̄ terrae duabus acr̄ prati tribus acr̄ pasturae sex acris bosci cum pertinentijs in C. Et nisi c. ¶ Et est concordia talis scilicet quod praed ' R. T. M. recognouerunt tenementa praedict ' cum pertinen̄ esse ius ipsius T. B. vt illa quae idem T. habet de dono praedictorum R. T. M. Et ill ' remiserunt et quiet̄ clamauer ' de ipsis R. T. M. haered ' ipsius R. praefa● T. B. haered ' suis imperpetuum Et praeterea ijdem R. T. M. concesser̄ pro se haered ' ipsius R. quod ipsi warrant̄ tenementa praedict ' cum pertin̄ praefat̄ T. B. haered ' suis contra praedict ' R. T. M. et haered ' ipsius R. imperpetuum Et pro hac c. A fine by one and his wife to one of the reuercion of the 3. parte of 7. messuages of gardens lands medowe pasture and wood after the death of one with warrantie against the Con●sor and his heyres Surr̄ ss PRaecipe T. W. K. vxor ' eius quod iuste c. teneant Sect. 46. G. S. conuenc ' inter ●os fact ' de tertia parte viij mesuag ' sept̄ gardin̄ lx acr̄ terr̄ x. acr ' prati xx acr̄ pastur̄ quinquaginta acr̄ bosci cum ꝑtin̄ in A. B. C. D. ¶ Et est concordia talis s●z quod praedict ' T. K. recogn̄ tertiam partē praedict ' cum pertin̄ esse ius praedict ' G. concess quod eadem tertia par● cum pertin̄ quam M. B. vid ' tenet ad terminum vitae suae de haereditate ip sius K. die quo haec concordia facta fuit quae post mortem eiusdem M. ad ipsos T. K. reuerti debuit reman̄ praef G. haeredibus suis imperpetuum Tenend ' c. Praeterea ijdem T. K. concess pro se haered ' ipsius K. quod ipsi warrant̄ praefat̄ G. haeredib ' suis tertiam partem praed ' cum pertin̄ sicut praedictum est contra se haered ' ipsius K. imperpetuum Et pro hac c. A fine by a Lord Baron and his wife to an archbishop and one other of three manors messuages toftes cottages milles barnes gardeins lands medowe pasture wood furres and heaths of rent of the aduowson of a Church and of the view of francke pledge with warrātie against them and their heyres Midd ss PRaecipe I. L. Militi dn̄o L. I. vxor̄ eius qd ' iuste Sect. 47. sine dilatione teneant Reuerēdo in Ch●isto patri T. Y. permissione diuina Archiepiscopo Ebor̄ Anglie primati G. L. conuenc ' inter eos fact ' de manerijs de R. K. M. cum pertin̄ ac de quinquagint̄ messuagijs quingentis toftis ducentis cotagijs sex molendinis quingentis horreis quingētis gardin̄ quinque mille acre terre mille acris prati sex mille acr̄ pasture mille acris bosci decem mille acr̄ iampnorum bruere ac de quingent̄ libr ' reddit̄ cum ꝑtin̄ in R. C. A. alias S. T. V. W E. Ac de Aduocatione Ecclesie de E. predict ' Ac de Visu franci pleg ' de R. C. A. praedict ' Et nisi c. Et est concordia talis scz quod praedictus I. L. Miles dominus L. I. vxo● eius recogn̄ maneria ten̄ta redditus aduocationem vis franci pleg ' predict ' cum pertinentijs esse ius ipsius T. Y. Archiepiscopi Ebor̄ Et ill ' que idem T. Y. Archiep̄us G. L. habeant de dono predictorum I. L. I. vxor eius Et ill ' remiser̄ T. Y. Archiep̄o G. L. hered ' ipsius T. Y. Archiepiscopi imperpetuū Et vlterius ijdem I. L. I. vxor eius concesser ' pro se hered ' ipsius L. quod ipsi warrantizabunt maneria ten̄ta reddit̄ aduocac ' vis francipleg ' praed ' cum pertin̄ praed ' T. Y. Archiep̄o Eborum G. L. hered ' ipsius T. Y. Archiep̄i contra omnes homines imperpetuum Et pro hac c. A Fine by two to one of manors milles douehouses rents common of pasture with warrantie against the conusors and the heires of one of them ET est concordia scilicet quod praedict ' A. B. recogn̄ praedict ' maner̄ Sect ' 48. molendin̄ columbar̄ ten̄t̄ reddit̄ co●am pastur ' cum ꝑtinen̄ esse ius ipsius C. vt ill ' quae ijdem C. D. habent de dono ipsorum A. B. Et ill ' remiser̄ quiet̄ clam̄ de se hered ' ipsius A. praedict ' C. D. hered ' ipsius C. imperpetuum Et preterea idem A. concessit pro se heredibus suis quod ipsi warrant̄ praedict ' C. D. hered ' ipsius C. praed ' maner̄ molendinum columbarium ten̄t̄ reddit̄ communiam pastur̄ cum ꝑtin̄ contra se hered ' suos imperpetuum Et vlterius idē B. concess it pro se hered ' suis c. vt supra A Fine by one and his wife to one of one manor of messuages tofts cottages barnes one water mille a fulling mille a winde mille a douehouse gardeins orchards land medowe pasture wood furres heath moore fresh salt marshe rent free fishing the aduowson of a Church by turnes with a generall warrantie Deuon̄ ss PRaecipe I. H. V. vxorieius quod iuste c. ten̄ R. P. Sect ' 49. generos conuenc ' c. de manerio de B. cum pertin̄ ac de viginti messuagijs duobus toftis sex cotagijs 4. horreis vno molend ' aquatico vno molēdino ventritico vno columbario viginti gardinis decem pomarijs centum ac● terre centū acris prati mille acris pastur̄ decem acris bosci viginti acris saliceti centum acris iampnorum buere viginti acris more viginti acris turbarie triginta acris mosset̄ sex acr̄ iuncar̄ xx acr̄ marisci frisci xx acr̄ marisci salsi duobus acris alneti x. marcis reddit̄ cū pertin̄ in B. C. D. Necnō de

pr●fato A. haered ' assignatis suis decimo die Sept inter horam nonam ante meridiem horam tertiam post meridiem eiusdem diei annuatim apud domum siue mansionalem vilgariter nuneupatum S. situat̄ in foro suo vocato le Market stead in villa C. in comitatu D. soluend ' ✿ Et si contingat praedictam annuitatem siue annualem redditum septem libr̄ aretro fore in parte vel in toto perspacium xiiij dierum post praedictam decimam diem Sept. quo vt praefertur solui debeat non solut̄ quod tunc praedict̄ C. haeredes sui forisfacient eidem A. haeredibus suis xijj s. iiij d' nomine penae toties quoties praedicta nnuitas siue annualis redditus aut aliqua inde parcella sic aretro fore contigerit Et bene licebit praedict̄ A. haeredibus suis in praedictum manerium caetera praemissa cum pertinentijs in quamlibet inde parcell ' intrare distringere tam pro praedicta annuitate siue annuali redditu septem libr̄ pro qualibet inde parcell ' quam pro praedict̄ xiij s. iiij d' nomine penae eidem A. haeredibus suis forisfact̄ toties quoties sic aretro fore contig erit non solut̄ districtionesque sic ibidem capt̄ habitas licite abducere asportare effugare penes ●e retinere quousque tam de praedicta annuitate siue annuali redditu septem libr̄ quam pro p̄dictis xiij s. iiij d' nomine penae toties forisfac ' plenarie fuer̄ eidem A. haeredibus suis satisfact ' persolut̄ c. A fine in which the Conusors graunt to the conusees in taile an annuall rent of 4. li. issuing out of a manor payable at two feastes in the yeare with a clause of distres for the said rent and for xx s. Nomine penae if the rent be not paide Staff ss PRaecipe c. quod iuste c. ten̄ conuenc ' c. de manerio Sect. 102. de B. Et nisi c. ¶ Et est concordia talis qđ praedict ' I. B. E. recognouerunt manerium praedict ' cum ꝑtinētijs esse ius ipsius R. vt ill ' quae ijdem R. et M. habent de dono praedictor̄ I. E. Et ill ' remiser quiet̄ clamauer̄ de ipsis I. et E. haered ' ipsius E. praedict ' R. et M. haered ' ipsius R. imperpetuū Et praeterea ijdē I. E. concesserunt ꝓ se et haered ' ipsius E. qđ ipsi warrant̄ p̄d ' maneriū cum pertin̄ praef R. et M. et haered ' ipsius R. contra omnes homines imperpetuū ✿ Et pro hac recognitione remissione quiet̄ clamatione warrant̄ fine et concordia ijdē R. et M. concesserunt prose haered ' suis praef I. et E. et haered ' de corpore ipsius E. legitime procreat̄ quatuor libras reddit̄ exeunt̄ de manerio p̄dict ' cum ꝑtinentijs Et illum eis reddiderunt in eadē curia Habend ' et percipiend ' singulis ann●s scilicet vnam medietatem inde ad festum S. Mich. aliam medietatem inde ad festum Annunciationis beatae Mariae virginis eisdem I. E. haered ' de corpore eiusdem E. legitime ꝓcreat̄ ae quis porcionibus annuatim soluenđ permanus tenentium qui idem manerium cum pertinentijs inposterum tenebunt Et praeterea ijdem R. M. concesserunt pro se haeredibus suis quod si praedictus redditus ad aliquem terminum quo solui debeat aretro fuerit in parte vel in toto quod tunc bene licebit praef I. et E. et haered ' de corpore ipsius E. legitime procreat̄ distringere praedict ' R. et M. haeredes suos ac illos qui idem manerium inposterum tenebunt per omnia bona catalla in eodem manerio cum pertinentijs inuent̄ pro xx solid ' nomine penae pro quolibet termino sic aretro existent̄ per spacium vnius mensis Et ea retinere vsque ad plenam solutionem tam de praedictis quatuor libris reddit̄ quam de praedictis xx solid ' nomine penae quae eis sic aretro fuerint c. A writ of Couenant for the Queene for the tith corne of a parish and the maner of the endorsement therof by her Atturney generall Essex ss PRaec ' A. B. et C. qđ ten̄ nobis conuentionē inter nos Sect. 103. p̄f. A. et C. factam de omnibus et omnimod ' decimis granorū crescen̄ ꝓuenien̄ siue renouan̄ infra parochiā de Hoton Et nisi fecerint summ̄ per bonos summonit̄ c. Hoc breue indorsetur sic ¶ Ed wardus Cook armig ' Attorn̄ dominae Reginae generalis pro eadem domina Regina sequitur hoc breue A Fine knowledged by T. W. to I. R. of one messuage one barne of land meadowe and pasture with warranty against all men Essex ss PRaec ' T. W. ar̄ quod iuste c. teneat I. R. conuenciones Sect ' 104. inter eos fact ' de vno messuagio vno horreo xxv acris terre quatuor acris prati decem acris pasture cum pertinen̄ in L. Et nisi c. ¶ Et est concordia talis scilicet quod praedict ' T. recognouit ten̄ta praedict ' cum pertinenti●s esse ius ipsius I. vt illa que idem I. habet de dono praedict ' T. Et illa remisit et quiete clamauit de se hered suis imperpetuum Et preterea idem T. concessit pro se hered ' suis quod ipse warrantizabit tenementa praedict ' cum pertinentijs pref I. et hered suis contra omnes homines imperpetuum Et pro hac recognicione c. A Fine knowledged by T. B. and E. his wife of a manor of two messuages of land pasture wood and rent and v. s. rent to I. K. with warranty against all men And the said I. K. by the same fine granteth and rendreth back againe the premisses to the said conusors and to the heires of the said T. one of the said conusors for euer PRaecipe T. B. E. vxori eius quod iuste c. teneant Sect ' 105. W. L. et I. K. conuenciones inter eos fact ' de manerio de W. cum pertinen̄ ac de duobus messuagijs octaginta acris terre centum acris pasture sexaginta acris bosci quinque solid ' redditus cum pertin̄ in H. B. Et nisi c. ¶ Et est concordia talis scilicet quod praed ' T. et E. recognouerunt maneria tenementa reddit̄ praedict̄ cum pertinen̄ esse ius ipsius W. vt illa que ijdem W. I. habent de dono praeđ T. et E. et illa remiserunt quiete clamauerunt de ipsis T. E. hered ' suis praef W. et I. hered ' ipsius W. imperpetuum Et

I. et hered ' eorum alteriꝰ Rent for the residue A clause of distres diutius viuen̄ Redded ' inde annuatim p̄d ' T. et I. et hered ' eorū xiij s. legalis monete Angl ' ad festa praed ' per equales porcion̄ soluend ' Et si cōtingat praed ' annualem reddit̄ xiij s. aut aliquam inde parcellam a retro fore in parte vel in toco post aliquod festū festor̄ p̄d ' qua vt prefert̄ solui debeat non solut̄ Quod tunc bene licebit praef T. et I. in praed ' duo messuag ' vnū gardin̄ vnum pomar̄ xvi acras terre 3. acras prati xij acras pasture resid ' cum pertin̄ quamlibet inde parcell ' intrare distringere districtionesque ibidē sic capt̄ liceat abinde abducere effugare The render of the reuerfion of all the premisses and all the rents reserued et penes se retinere quousque de p̄d ' reddit̄ xiij s. vna cū arrerag ' eiusdē si que fuerunt plenarie fuerint satisfact ' ꝑsolut̄ Concesserunt etiā p̄đ T. et I. K. p̄d ' I. F. M. reuersion̄ omniū et singulor̄ ten̄tor̄ p̄d ' cum ꝑtin̄ oēs reddit̄ p̄d ' superius reseruat̄ illa eis reddider̄ in ead ' curia Habend ' et tenend ' eisdē I. et M. et hered ' ipsius I. imperpetuū de capital ' dn̄is feodi illius ꝑ seruitia que ad p̄d ' ten̄t̄ cū ꝑtin̄ ꝑtinent imꝑpetuum A Fine knowledged by G. H. and D. his wife T. S. Esq and M. his wife of xl acres of land to R. B. and W. N. with warrantie And the conusces doe graunt and render to the said D. and to her heires all mines of coales in a close parcel of the premisses called Stanley field with libertie to digge for the same PRaecipe G. H. arm̄ D. vxori eius T. S. arm̄ M. vxori Sect ' 108. eius quod iuste c. teneant R. B. W. W. conuencionem inter eosfact ' de 40. acris terre cum ꝑtin̄ in Stanley Spendon Et nisi c. ¶ Et est concordia talis scz quod praed ' G. D. T. M. recognouerunt tenementa praed ' cum pertin̄ esse ius ipsius R. vt illa que ijdem R. W. habent de dono praedict ' G. D. T. et M. Et illa remiserunt et quiete clamauerunt de ipsis G. D. T. et M. hered ' suis pref R. et W. et heređ ipsius R. contra praeđ G. D. T. et M. et heređ ipsius T. imperpetuum Et ꝓ The conusees do graunt and ●ender Co●le mines in part of the pr●●●s●es to two of the con●sors and libertie to get them hac recog●icione c. praeđ R. et W. concesserunt pref G. et D. omnes mine●as carbonum vocat̄ all Mines of Coales existen̄ in quodam campo parcell ' tenementorum praeđ vocat̄ Stanley field necnon liberum ingressum et egressum in ●t super praeđ camp̄ ad fodend ' in mineris illis pro carbonibus illis omni tempore Anni ad libitum ipsorum G. et D. et hered ' eiusdem D. Et illa omnia eis reddiderunt in eađ cur̄ Habenđ capienđ et percipienđ praedict ' miner̄ ingressus egressus ac libertat̄ praedict ' cum pertinentijs prefat̄ G. et D. et heredibus ipsius D. imperpetuum A Fine knowledged by W. K. and K. his wife of the third part of one messuage one barne one garden c. to I. K. and T. H. with warrantie against all men and the said conusees do graunt and render to the said S one of the conusors the said third part of the premisses from Micha or Thannunciation c which first shal happen to be next after the death of one E. now the wife of W. T. for the terme of xxi yeres reseruing a rent yerely to the con●sees with a clause of distresse for the said rent And lastly the said conisees graunt and render the reuersion of the said premisses to W. K. and K. h●s wife being ij of the said conusors in the said fine and to the heires of the said K. for euer PRaecipe W. K. et K. vxori ●ius quod iuste c. teneant I. Sect ' 109. K. et T. H. conuencionem inter eos fact ' de tertia parte vnius mef●agij vnius horrei vnius gardini 30. acrarum terre duar● acrarum prati et acrarum pastu● cum pertinen̄ in c. Et nisi c. ¶ Et est concordia talis scilicet quod praeđ W. K. S. recognouerūt tertiam partem praeđ cum pertinenn̄ es●e ius ip sius ● vt illa que ijdem I. et T. habent de dono praedict ' W. K. S. Et illa remiserunt quiete cla●auerunt de ipsis W. K. S. heređ suis praefat̄ I. et T. heređ Warrantie ipsius ● imperpetuum Et preterea ijdem VV. K. S. concesserunt prose heređ ipsius K. quod ipsi warran̄ tertiam partem predict ' cum pertinentijs prefat̄ I. et T. et heređ ipsius I. contra omnes homines imperpetuum The Render Et pro hac recognicione ijdem I. et T. concesser̄ praedict̄ S. tertiam partem praedict ' cum pertinen̄ illam ei reddiderunt in eadē curia Habenđ tenenđ eidem S. a festo sancti Michaelis Arch. vel a festo Annunc ' beate Mariae virginis quod prius proxim̄ contigerit vel e●it post mortem cuiusdam E. modo vxor̄ W. T. nuper vxor̄ R. C. def●nct ' vsque ad finem terminum xxj annorum extunc proxim̄ sequ●● plenar̄ complenđ Reddenđ inde per Ann̄ praedict ' I. T. xij đ. ad festum Annunciacionis beate Mariae virginis sancti Michaelis Clause of distresse for the rent Archang ' per equales portiones soluend ' Et si contingat praedict ' annualem reddit̄ xij đ. vel aliqua inde parcella aretro fore in parte vel in toto post aliquod festum festorum praedict ' quo vt prefertur solui debeat non solut̄ quod tunc bene licebit prefat̄ I. et T. hered ' assignat̄ suis in tertiā pa●tem praedict ' cum pertinen̄ in quamlibet inde parcellam intrare et distringere districtionesque sic ibidem capt̄ liceat abinde abducere effugare asportare penes se retinere quousque de praeđ annuali reddit̄ xij đ. de qualibet inde parcella vna cum arreragijs eiusdem si quefuerint plenarie eis fuerit satisfact ' persolut̄ Concesser̄ etiam praedict ' I. K. The graunt o● the reuersion the rent reserued vpon the leas for 21. yeres T. H. praed ' W. K. reuercionem 3. partis praed ' cum pertin̄ reddit̄ p̄đ superius reseruat̄ Et illa eis rediderunt in eadem curia Habend ' tenend

de Prior̄ H. M. alias Prior̄ M. ac 70. mesuagijs cotagijs ¶ Et est concordia talis scilicet Quod praedict ' V. recognouerunt maneria tenementa et reddit̄ praedict ' cum pertinentijs esse ius ipsius S. Et concessit pro se haered ' suis quod maner̄ tenementa reddit̄ The widowes estate in the Conusors enheritance praedict ' cum pertinentijs quae dn̄a V. K. vidua tenet ad terminum vitae suae de haereditate praedict ' V. die quo haec concordia facta fuit Et quod post decessum eiusdem dominae V. ad praedict ' V. haered ' suos The reuerciō graūted to the said Conusees to the heirs of one of them c. debuere reuerti quod post decessum ipsius I. S. dominae V. integre remanere praedicto I. E. R. W. et haered ' ipsius I. S. imperpetuū Et praeterea idem V. concessit pro se haered ' suis quod ipse warrantizabit manaer̄ tenementa reddit̄ praedict ' cum pertin̄ praefat̄ I. E. R. et W. haered ' ipsius I. S. contra omnes homines imperpetuum Et pro hac recognicione c. A fine knowledged by a widow and one other to the President and schollers of S. Iohns colledge in Oxon of the Scite and principall house of the colledge commonly called the White Friers in the Suburbes of Oxon and 6. messuages 6. gardens 6. orchards c. also in the same Suburbes with warrantie PRaecipe I. P. vidue E. P. gen̄ quod iuste c. teneat Sect. 129. A fine sur cognisance de droit W. E. Presidenti collegij S. Iohannis Baptiste in Academia Oxon̄ Scholasticis eiusdem collegij conuenc ' c. de Scitu principali domo collegij vnlgarit̄ nuncupat̄ the White Friers in Suburbijs ciuitatis Oxon̄ cum pertinentijs ac de 6. mesuagijs 6. gardinis 6. pomarijs 20. acris terrae duobus acris prati sex acris pasturae cum pertinen̄ in Suburbijs ciuitat̄ praed ' Et nisi c. ¶ Et est cōcordia talis scilicet quod praedict ' I. E. recognouerunt ten̄ta praedict ' cum pertinen̄ esse ius ipsius Presidentis Scholasticorum vt illa quae idem preses Scholastici habent de dono praedict ' I. et E. Et illa remiser̄ quiete clamauer̄ de se haered ' ipsius E. praefat̄ Presidi Scholasticis successoribus suis imperpetuum Et praeterea Warrantie ijdem I. et E. concesserunt pro se haered ' suis quod ipsi warrantizabunt praefat̄ Praesidi Scholasticis successoribus suis tenementa praedict ' cum pertinen̄ contra praefat̄ I. E. haered ' ipsius E. imperpetuum Et pro hac c. A fine by two men and the wife of one of them of lands medow and pasture A fine sur cognisance de droit Sect. 130. with warrantie against the Conusors vnd the heires of the husband PRaecipe B. gen̄ T. R. et M. vxori eius quod teneant T. B. gen̄ conuencionem c. de 30. acris terrae duabus acris prati tribus acris pasturae 6. acris bosci cum ●tinentijs in C. Et nisi c. ¶ Et est concordia talis scjlicet quod praed ' R. T. M. recogn̄ ten̄ta praedict ' cum pertinen̄ esse ius ipsius T. B. vt illa quae idem T. habet de dono praed ' R. T. et M. Et illa remiser̄ quiete clamauer̄ de ipsis R. T. M. et haered ' ipsius R. praefat̄ T. B. haered ' suis imperpetuū Et praeterea ijdem R. T. et M. concesserunt pro se haered ' ipsius R. quod ipsi warrantizabunt tenementa praedict ' cum pertinentijs praef T. B. haered ' suis contra praed ' R. T. et M. haered ' ipsius R. imperpetuum Et pro hac c. A fine knowledged by T. N. knight to G. T. Esquier of one mannor one messuage c. with warrantie against all men PRaecipe T. N. militi qd ' iuste c. teneat G. T. ar̄ conuenc ' Sect. 131. A fine sur cognisance de droit c. de manerio de T. cum pertinen̄ ac de vno mesuagio 100. acris prati 50. acris pasturae 30. acr̄ bosci cum pertinen̄ in T. G. Et nisi c. ¶ Et est concordiatalis scz quod praed ' T. N. recognouerunt maner̄ tenementa praed ' cum pertin̄ esse ius ipsius G. vt illa que idem G. habet de dono praedict ' T. Et illa remisit quiete clamauit de se hered ' suis p̄raefato G. hered ' suis imperpetuum Et preterea idem T. concessit pro se hered ' suis quod ipse warrantizabit maneria ten̄ta Warrantie praedict ' cum pertinen̄ prefato G. hered ' suis contra omnes homines imperpetuum Et pro hac c. A Fine knowledged by T. M. and K. his wife to G. S. of the third part of viij messuages vi gardens c the which one M. B. widow holdeth for terme of her life and which is of the inheritance of the conusors wife the day of the Concord made and which ought after the death of the said widow to reuert vnto the conusor and his wife as in the right of his wife and by this fine after the death of the said widowe being tenant for life is to come and remaine to the said conusee and his heires for euer with warrantie against all men PRaecipe T. W. K. vxori eius quod iuste c. teneāt G. Sect ' 132. A Fine of a reuersion after the death of tenāt in dowe● S. conuenciones inter eos fact ' de tertia ꝑte octo messuag ' 6. gardinorum 6. acr̄ terre decem acrarum prati 20. acrarum pasture 50. acrarum bosci cum pertinen̄ in A. B. C. c. ¶ Et est concordia talis scilicet quod praedict ' T. K. recognouer̄ terciam partem praedict ' cum pertinentijs esse ius praedict ' G. Et concesser̄ quod eadem tertia pars cum pertinen̄ quam M. B. vid ' tenet ad terminū vite sue de hereditate ipsius K. die quo hec concordia facta fuit que post mortem eiusdem M. ad ipsos T. K. reuertere debet rem̄ pref G. hered ' suis imperpetuum Tenend ' c. Et preterea ijdem T. K. concesserunt Warrantie pro se hered ' ipsius K. quod ipsi warrant̄ prefat̄ G. hered ' suis tertiam partem praed ' cum pertin̄ sicut praed ' est contra omnes homines imperpetuum Et pro hac c. A Fine knowledged by the husband and the wife to one I. I. of ix messuages ix A Fine sur conusās de

other sonne which is heire to his brother h● shal haue new v. yeres after he come to his full age because he is the first to whom the right discended after the proclamation by reason of the discent which was before them Plo. fo 374. b. But if an estranger to a fine to whom a Remainder or other title first accrueth after the fine doe not pursue his right within v. yeres he and his issue are barred for euer 19. H. 8. Dyer fo 3. pl. 6. And in like maner if the first issue in taile to whom the title of the intaile first accrueth neglect his v. yeres the whole estate taile is thereby bound for euer 32. H. 8. Br. Fines 100. If he which abaceth after the death of a tenant in fee make a feoffement vpon condition the feoffee leuie a fine and v. yeres after proclamation passe without entrie or claime made by his heire the heire is barred But if afterwards the condition be broken and the Abator therefore enter then the heire may haue an Assise of mortdauncester against thabator or entrie vpon him at any time and he hath no defence For if he plede in barre of the assise the fine leuied to the cognisee and that he hath his estate the speciall matter of the abatement condition and reentrie may be pleaded in defesance thereof for he can neuer challenge priuiledge by the state of the cognisor which he himselfe defeated Plo. fol. 358. b. 7. Eliz. Of Estrangers hauing no right for any cause before the fine BVt estrangers to fines hauing neither present nor future right c. Sect 188. at the leuying thereof by reason of any matter had before the fine whose right groweth either intirely after the Proclamation or partly before and partly after may enter or claime when they please within the time of the prescription As if the father die seised his eldest sonne being professed and the yonger sonne entreth and is disseised and a fine with proclamation leuied and after the elder sonne is deraigned it seemeth he is bound to no time Plow fo 373. a. So if the husband leuy a fine of his owne landes whereof his wife is Dowe● dowable and die and fiue yeres passe after his death she is not barred of her dower because her title to be endowed accrueth after the fine leuied namely by the death of her husband for before his death she had onely a possibility of dower and not any right title or interest thereunto Plo. fol. 373. a. And if a tenant cease one yeare and then a fine with proclamation is leuied And afterwards a tenant ceaseth another yere The Lord may haue his cessauit perbiennium xx yeres after the Proclamation made because his right and title groweth partly before the fine partly after the fine leuied that is at the end of the two yeres of his tenants ceasser Plo. fo 373. b. Of Estrangers hauing diuerse future Rights by diuerse titles BVt if Estrangers to fines haue seueral future Rights by diuers titles Sect 189. growing at seueral times it seemeth that they shall haue seuerall fiue yeres to make entrie or claime commencing from such time as their seueral titles first accrewe vnto them As if tenant for life the remainder in fee make a feoffement in fee. And the feoffee leuy a fine with c. and he in the Remainder suffer the first fiue yeres to passe he is by his laches barred of his entrie for the forfaiture growing by the alienation of his tenant during his tenant for life because he had present right at the leuying of the fine to enter for the same yet if after the tenant for life do die he hath other v. yeres to bring his Formedon in Remainder because that is a n●we title or right by which hee coulde not haue his Formedon during his tenant for life And he had his election to take aduantage of the forfaiture or not Plo. fo 373. b. Quere for there Catlyn thinketh otherwise because his title to the land by the forfaiture accrued to him in the life time of his tenant for life If I. S. be tenant Pur auter vie the Remainder to an other for life the remainder to the same I. S. in fee and I. S. is disseised and the disseisor leuieth a fine with proclamation and the fiue yeres passe I. S. is bound for his future and present estate for life But if cestuy que vie and he in the meane remainder die now I. S. shal haue other fiue yeres to enter for his remainder in fee for it then first remaineth vnto him by the death of him in the meane Remainder cestuy que vie for cause growen wholy before the fine that is the state so made before which is an other title Plowden 367. b. per Welshe and diuers Iustices Plow 367. b. In like maker if land be giuen to I. S. for the life of A. the remainmainder to him for the life of B. the remainder to him for the life of C. and he is disseised the disseisor leuieth a fine with proclamation now I. S. for his present right hath v. yeres by the first Sauing of the Stat̄ 4. H. 7. cap. 24. And v. yeres after the death of A. by the seconde Sauing which is of future right and other v. yeres after the death of B. for his second remainder for quando duo iura in vna persona concurrunt aequum est ac si essent in diuersis Plo. 368. a. If a man disseise a feme sole and after marry her and haue issue by her the baron is disseised before mariage or after and a fine with proclamation leuied first the baron after the feme die within the v. yeres the issue being of full age the v. yeres passe he is there by bound as heire to his father but hath other v. yeres after the death of his mother to enter for albeit it is but one selfe same lande yet the heire hath seueral rights thereunto growing at seuerall times th one as heire to his father thother as heire to his mother in regarde whereof he hath seuerall times Plow 367. b. So if the husband maketh a feoffement of his wiues lands vpon condition which is broken he leuieth a fine with c. the husband hath issue by his wife and dieth the first v. yeres passe and then the wife dieth the heire is barred of his entrie for the condition as heire to his father but shal haue v. yeres after the death of his father to claime c. because it is a title differing from that which did discend from his father accrueing to him first by the death of his mother Plo. 367. a. Estrangers to fines hauing neither present nor future right to the tenements in the fine at the leuying thereof but onely vnto rents common c. issuing out of the same ANd Estrangers to fines hauing neither present nor future right to Sect 190 the tenements in

infeoffe an other and take estate from him in fee the first warrantie is determined because he is now in of a new estate Fitz. nat fol. 135. a. So if A. disseise B. and infeoffe C. with warrantie who infeoffeth D. with warrantie vpon whom an estranger e●treth in wh●se possession B. the disseisor releaseth his right now all former warranties are extinct And albeit D. is impleaded yet shall he not haue Warrantia chartae because he is in of an other estate by wrong Fitz. nat 135. g. 21. H. 6. 41. 22. H. 6. 22. If there be three Iointenāts and th one release to the rest they may Releas per Iointenants deraigne the former warrantie by voucher or Warrantia chartae for they be in a third part by the release 40. E. 3. 41. Warrantia chartae lyeth against a villein 48. E. 3. 17. Villenage The writ of Warr̄ cha●tae must be sued hāging the principal plea before iudgement as of Assise or Entre in nature of assise 48. E. 3. 22. Registr̄ orig ' f. 158. a. for then if the warrenter do die yet the writ shal not abate but his heire shal be resummoned to answere vpon the same yet may a Warr ' chartae be sued before he be impleaded quia timet implacitari the bl shal recouer in valne ꝓ loco tempore of such lands as the defendāt had at the purchasing of the writ Fitz. na f. 134. k. 12. H. 4. 12. 21. H. 6. 41. 22. H. 6. 22. 24. E. 3. 35. But he must not haue executiō but if afterwards he be put out by iudgemēt he shal haue his warranty vpō his first recouery 21. H. 6. 41. 21. H. 6. 22. 12. H. 4. 12. In Warr̄ chartae it is a good plea for the defendāt that hanging the Nontenure plea the demandant in the principall plee hath entred vpon the plaintife being then tenant of the land or that the plaintife in this actiō had nothing in the land the day of the fist writ purchased nor at any time after 21. H. 6. 49. 3. E. 3. 45. E. 3. 5. Warr ' chartae may be brought in any countie if the deed beare not Countie date in a place certen 31. E. 3. Tenants in commen may ioyne in Warr ' Chartae 28. E. 3. 90. Tenant in comen I. H. fil' haer̄ Isabel ' quae fuit vxor R. sum̄ fuit ad respond ' I. T. I. vxori eius de placito quod warr̄ eis vnum mesuag ' cum pertinentijs Count per Baron femme sur fine o●e garr̄ in S. quod de ●o tenet de ●o tenere clam̄ vnde cartam Isabel ' magistris praedict ' I. H. cuius heres ipse est habet c. Et vnde c. dic ' quod quidam finis leuauit in curia domini reg ' nunc in oct ' S. Hill ' ann̄ c coram T. B. socijs suis tunc Iusti● ' ipsius domini regis de banco int̄ ipsos I. T. I. quer̄ R. de B. praed ' Isabel ' adtunc vxor̄ eius deforc ' Inter alia per nomen Finis de reuersion de mes praed ' cū pertin̄ inter alias t̄ras tenem̄ta per nomen c. cū pertin̄ in S. in com̄ p̄d ' per quē finē praed ' R. I. concesserunt pro se haered ' ipsius I. qd ' quatuor acr̄ terr' cum pertinent̄ de p̄d ' tenemēt̄ quas G. et M. vxor eius tenuerunt ad t̄minum vitae ipsius M. de haereditat̄ p̄d ' Isab in S praed ' die qua haec concordia facta fuit et quae post decessum ipsius M. ad p̄d ' R. et I. et her ' ipsius Isab reuerti debuerunt post decessum ipsius M. integre remanerēt praed ' I. et I. et haered ' suis praed ' tenend ' simul cum praed ' tenement̄ quae eis per finem illum remanserant de praed ' R. Isab haered ' ipsius I. praed ' seruic ' sicut praed ' est imperpetuum Et ijdem R. Is similiter concesserunt pro se haeredibus ipsius I. qd ' ipsi warr ' praedict ' I. et I. et haered ' suis predict ' praed ' tenement̄ cum pertinent̄ sicut praedict̄ est contra omnes homines imperpetuum Et si contingeret quod ijdem I. I. obirent sine haered ' de corporibus suis exeuntibus tunc post decessum ipsorū I. I. praed ' tenement̄ Tayle cum pertinent̄ sicut praedict ' est integre reuerterentur ad praedict ' R. I. et hered ' ipsius I. quieta de alijs haeredibus predict ' I. et I. tenendum de capitalibus dominis feodi illius per seruicia quae ad pred' tenement̄ pertinent imperpetuū praed ' R. et I. postea obierunt ꝑ qd ' ad ipsos I. T. I. pertinuit habend ' de praefat̄ I. H. vt fil' et hered ' ipsius I. warr ' suam pređ Ac quidam I R. arrain̄ quanda assisam noue disseisin ' coram T. W. et I. Iustic ' domini reg ' nunc ad assisas in com̄ praed ' capiend ' assign ' versus ipsos I. T. et I. de praed ' tenementis ijdem I. T. I. saepius requisierunt ipsum I. H vt fil' hered ' ipsius Isab ad warr̄ eisdem I. T. et I. praed ' tenement̄ et idem I. H. tenement̄ illa sic warr̄ cōtradixit adhuc contradicit vnde dic ' qd ' deteriorat̄ sunt damnum habent ad valenc ' 100. li. Et inde produc ' sect ' c. I. T. sum̄ fuit ad respōdend ' H. W. de placito quod ei vnum mes c. Count sur fait oue garr̄ cum pertinent̄ in B. quae de eo tenet de eo tenere clamat vnde cart̄ suam habet vnde c. dic ' quod cum praed ' I. seisit̄ fuisset de tenement̄ p̄d ' cum pertin̄ in dn̄ico suo vt de feodo sic inde seisit̄ per quādam cart̄ suam quam idē H. hic in curia ꝓfert cuius dat̄ est apud B. tali die anno c. dedisset concessisset et confirmasset eidem H. tenementa Inter alia per nomen praed ' cum ꝑtinen̄ inter alia terr̄ c. per nomē vt in carta c. habend ' eid ' H. haered ' et assignat̄ suis imperpetuum obligasset se hered ' suos ad warr̄ eid ' H. hered ' assignat̄ suis ten̄ta praed ' cū pertin̄ contra oēs hoīes imperpetuū Ac idem H. virtute doni illius de ten̄tis p̄d ' seisitus fuisset in dominico suo vt de feodo quidamque T. arrain̄ vers ipsum H. quandā assisam noue disseisine de praed ' mess terr̄ cum ꝑtin̄ corā I. M. I.

the moderation of extremitie Diuers Cur̄ 105. Nam ipse etiam leges cupiunt vt iure regantur id est vt leui facili ac benigna interpretatione temperentur vereque dicitur Nullus recedat a Cancellaria sine remedio 4. H. 7. 4. Of Conscience THis Conscience is defined Reliqua in hominerationis scintilla bonorum Sect ' 13. malorumque facinorum index Iudex igitur bipertita ea approbatio scilicet opprobatio illa in bene hec in secus factis Iustus Lipsus lib. ciuilis doctrina cap. 5. or thus Conscientia est ta●itum animi infallibileque facti nostri iudicium a communi Iustitiae formula quam Deus insculpsit omnibus hominibus productum per quod aut accusatur res mala aut defendi● bona Oldendorpius Corasius in Miscel lib. 4. cap. 20. Conscience is an actuall applying of knowledge to some particuler act of man as Saint Germain saith Doct. and Stu. cap. 15. And Synderesis which is termed a natural power of the Soule perswading good and disswading euil D. S. lib. 1. cap. 13. is nothing els but attenta obseruationis occasio cū o●bus circumstantijs eius Theucid lib. 7. and ministreth the general principles of that knowledge Vere igitur di●itur conscientiam verā nisi adhibeat Iudex non potest causam secundum equitatem definire simille testes totidemque videat ob oculos instrumenta Conscientia enim cum mille testium vim obtineat certa est non fallitur At in probationibus saepe vel error vel dolus versatur sicut experientia heu nimis frequens nos docet Oldend Of Iudgements in Chauncerie SO great is the power iurisdiction and maiestie of this court that Sect. 14. Iudgements therein giuen are not to be controlled or reuersed in any other Court then the high Court of Parliament which is the chiefest of all other Courts in this Realme Diuers Cur. 105. 37. H. 6. 14. Of the power ordinarie of the Chauncerie ANd this Court is armed with twofold power that is to say with Sect. 15. power ordinarie and absolute 9. E. 4. 15. By ordinary power the Lord Chauncelor proceedeth as at the common Law as in proceeding vpon Recognizances there knowledged and trauerses of offices in which parties are to plead and ioyne issue as at common Law And so in suit against or for Clerkes of the Chauncerie and other persons priuiledged by Attachment there for matter of action remediable by the common Law c. But when they be at issue the Record must be transmitted into the K. Bench to be tried by Iurie And when it is so tried it must be remaunded into the Chauncerie that iudgement may be there giuen and execution had vpon the same 24. E. 3. 45. 14. E. 4. 7. 8. E. 4. 6. Of the power absolute of the Chauncerie THe absolute power is not tied to the rules of the common Law Sect. 16. but by that matters may be examined omnibus vijs modis quibus rei veritas melius sciri poterit iudged secundum allegata probata and not by Iurie of twelue men as at the common Law But by examination of witnesses as in the courtes of the Ciuill Law Smithus de Rep. Angl. lib. 2. cap. 12. Diuers Cur. 106. 9. E. 4. 15. Neither is such precise forme of pleading vsed in the Chaūcerie as at the common Law nor any aduātage to be taken for mispleading or want of forme so as the substance of the matter be sufficiently disclosed in conscience Diuers Cur. 106. 9. E. 4. 15. 24. E. 3. 45. 14. E. 4. 7. Diuers other speciall aucthorities and priuiledges hath the Lord Chauncelor by sundrie Statutes as thereby appeareth And partition made in the Chauncery rendring rent is good and may well be sent into the Kings Bench and execution thereupon made by Scire facias ●7 H. 6. 43. li. Ass 32. And if lands be recouered from a woman whereof she was endowed in the Chaūcerie she may haue a Scire facias there to be newly endowed 29. Ass 23. Of a Subpena ANd seeing the ordinarie meanes to call and bring in the parties to Sect. 17. aunswere in this Court is eyther by the Serieant of the Mace as before or by Subpena which onely is thoriginall processe of this court and must be directed to the parties D. St. lib. 1. cap. 17. Smith de Rep. Ang. lib. 2. cap. 12. Cases remediable in Chauncerie HAuing thus perused Equitie and summum Ius with their differences Sect. 18. and also what conscience is whereupon suits in this court do chiefly lie It seemeth good now specially to consider such speciall cases as be remediable in Chauncerie and for which a writ of Subpena lieth there as in cases following A Subpena lyeth in no case but where the common Law fayleth so as the partie who in Equitie hath wrong can haue none ordinarie remedie by the course and rules of the common Law 39. H. 6. 26. 7. H. 7. 11. as in these cases following and such like As if the Queene by her letters Patents giue vnto A. goods forfeited to her highnes by Treason A. may sue for the same in Chauncerie 39. H. 6. 26. And it seemeth if one Coexecutor alone releas debt due to the testator his companion may thereof haue remedie in Chauncery against his Coexecutor onely if no couin be in the debtor but if there be then against them both 4. H. 7. 4. Diuers Cur. 106. And by Moyle if in a Quare impedit by two Coparceners th one make a false plea of couin betweene him the defendant then his companiō by suit in the Court may enforce him to ioine with him in a true count 6. E. 4. 10. If lands in Auncient demesne extended by statute Marchant be recouered by common recouerie the cognizee hath no remedie but in conscience 7. H. 7. 11. If feoffees in trust commaunded by cestuy q̄ vse to enfeoffe his vendee refuse to do it a Subpena lyeth for the vendee against them 37. H. 6. 36. If cestuy q̄ vse deuise by his will that his feoffees make an estate to I. S. for life the remainder to H. in fee and I. refuse to take his estate H. after the death of I. may by Subpena compell the feoffees to make estate to him accordingly per Ienny Finch 37. H. 6. 36. Tenant in Borough english enfeoffe A. to the vse of the feoffor and his heires and die his yongest sonne shall haue a Subpena and not the eldest for the vse is of the nature of the land 5. E. 4. 7. If a man make a feoffement in trust of lands discended to him ex parte matris and die without issue his heire ex parte matris may haue a Subpena 5. E. 4. 7. If a man make a feoffement to performe his will and after to infeoffe his heires and declare his will for yeares and die hauing issue a sonne and a daughter by one venter

and a daughter by another ventre the sonne dieth without issue before the will be performed his sister of the whole bloud is to haue execution of the state by the feoffees for possessio fratris de feodo of an vse facit sororem esse haeredem the will for yeares is no impediment of the possession But otherwise if it had bin of franktenement by the Reporter 5. E. 4. 7. If A. seised in fee to the vse of a woman who taketh an husband he selleth the land to S. for money which y● wife receiueth A. at their request infeffe the vendee the husbād dieth the wife may haue a Subpena against the vendee hauing notice hereof or else against the feoffee for recompence for this is the sale of the husband onely 7. E. 4. 14. If M. know that W. is infeoffed to mine vse or of my will or hath goods giuen to him to mine vse and buy the lands or goods for money a Subpena lieth against the vendor and vendee to performe the will or vse 5. E. 4. 7. 11. E. 4. 8. Diuers Cu● 106. But against the vendor only if the vendee haue no such notice Diuers Cu● 106. A man by Subpena may enforce his feoffee of trust to bring actions in their names 7. E. 4. 29. as trespas against trespassors 11. E. 4. 8. yet if the feoffee had released to the trespassor Cestuy que vse had bin remediles 11. E. 4. 8. or Assise 2. E. 4. 2. or trespas for goods giuen to his vse taken away 7. E. 4. 29. But not an appeale of Robberie because they be not compelable to ioyne battaile 7. E. 4. 29. If a feoffement be made to the chiefe Lord or others to vses he may refuse to execute the estate for extinguishing of his Seigniorie and no Subpena lieth against him 16. E. 4. 4. The heire of the feoffee in trust being in by discent is compellable by Subpena to execute an estate according to the trust 22. E. 4. 6. If a wife will that her feoffees shall infeoffe her husband he may not compell them thereunto for the will of a wife in this case is void 18. E. 4. 11. If A. be bound to F. to the vse of C. C. in Chauncerie may compell F. to sue A. for the same 2. E. 4. 2. If R. deliuer money to A. to deliuer to his executors or administrators to dispose c. and deliuer A. the same vpon bond to B. to keepe and redeliuer to him R. dieth his executors or administrators may in Chācery compell A. to sue the obligors for the money 4. E. 4. 37. If P. be bound in a statute staple to I. and H to the vse of I H. releas P no Subpena lieth against P. notwithstanding that he had notice of thuse for euery man may lawfully aide himselfe 11. E. 4. 8. Diuers Cur. 106. The like of an Obligation to two to thuse of one the remedie is against him that did so releas Diuers Cur. 106. 11. E. 4. 8. If A. be bound to B. to thuse of C. and B. release C. may haue remedie therefore in Chauncerie 7. H. 7. 11. If a man pay debt due by specialtie without an acquitance or haue an acquitance and loose it he shall haue remedy in Chauncery 22. E. 4. 6. 7. H. 7. 11. But it seemeth to be otherwise if the debt be by matter of record for else might all Records be auoided by witnesses which would distroy the common Law 22. E. 4. 6. Diuers Cur. 106. D. and S. lib. 1. cap. 12. A Subpena lyeth on a promise or agreement by word as to build a house or do any other lawfull act 8. E 4. 4. Diuers Cur. 105. An action lieth against Executors in Chaūcerie vpon a simple contract without specialty 7. H. 7. 11. If there be 2. obligors and the obligee giue longer day of payment to th one of them sue thother he may haue a Subpena 6. E. 4. 41. If goods be giuen to defraud creditors they may haue remedie in Chaūcerie against the donees or such as haue the possessiō of the goods 16. E. 4. 9. If a man be suerti●●or an others debt and the debtor and others be bound to saue the suertie harmeles the suretie haue also goods deliuered by the debtor to saue him harmeles Notwithstāding the suerty pay the debt yet if he sue his Obligation the debtor may haue a Subpena for restitution of his goods so pawned for the same least he should be twice charged therefore 16. E. 4. 9. If a man buy a debt due by obligation and be bound to pay a summe of money to the vendor for it yet for so much as the thing sold is chose in action in the vendee he can haue no propertie and therefore hath not quid pro quo the vendee may be relieued in Equitie for his owne obligation 37. H. 6. 13. And for euidence whereof the plaintife knoweth neither the certain contents nor contentment he may haue remedy in Chauncery Diuers Cur. 105. Learne whether if a transitorie personall action be sued in a forein Countie the defendant may stay the plaintife in Chauncerie by Iniunction Diuers Cur. 106. So necessarie be the remedies in Chaunceri e vpon equities allowed by law that it seemeth to some not inconuenient to haue assigned such remedies for the 7. ground of the Lawes of this Realme which are said to consist of 6. grounds onely First the Law of Reason 2. The Law of God 3. Generall Customes of the Realme 4. Principles or Maxims of Law 5. Particuler Customes vsed onely in certein places of this Realme 6. Acts of Parliament Doct. Stu. Lib. 1. cap. 3. 4. 5. 6. 7. 8. 9. 10. 11. and 17. If a man bound in a single Obligation or bill of debt pay the money according to the bond neither taking an acquitance thereof nor cancelling the specialtie of the same he is by the common Law chargeable to pay the same debt againe by vertue of the said specialtie But may haue remedy thereof in the Chauncerie Doct. Stu. Lib. 2. cap. 6. 1. H. 7. fol. 14. ¶ A view of certeine cases wherein the partie grieued seemeth wronged Sect. 19. in Conscience and yet is remedilesse in Chauncery OF an vniust wager of Law in an action of debt vpon a simple cōtract Doct. Stu. Lib. 1. cap. 18. Of a false verdict by a graund Iurie in Attaint Doct. Stu. Lib. 1. cap. 18. For damages where a man hath right or title to land in the possession of another and may by action recouer onely the land but no dammages for the meane occupation there is no remedie for the same damages in Chauncerie As if the tenant in taile be disseised and the disseisor die seised and his heire is in by discent a●●●st whom the issue in taile bringeth a Formedon he may recouer the land but no damages D. S. lib. 1. cap. 19. A man may not deny that which he

hath once affirmed of record in a Court of Record nor affirme that which he hath once denied of record in a Court of Record nor that whereof he wilfully estopped or excluded himselfe by deed indented or otherwise As if a daughter which is sole heire to her father sue liuerie with her bastard sister she is remedilesse by law D. S. lib. 1. cap. 19. If a thing be found by verdict against trueth before iudgement D. S. lib. 1. cap. 19. Where the cause of the law ceaseth the law also ceaseth in conscience As lessee for yeares recouereth by iudgement treble damages for a trespas of wast done by an estranger And he in the reuersion dieth before his action of wast be ended yet in conscience he ought to sue execution for his single damages for he had no more hurt thereby D. S. lib. 1. cap. 19. A Law groūded vpon a false presumption is not to be holden in conscience D. S. lib. 1. cap. 19. Conscience may not preuaile against a lawfull Custome either generall or particuler As in discents of lands to the eldest sonne by the common Law to the yongest by Borough English and to al by Gauelkind D. S. lib. 1. cap. 19. So if a man without consideration make a deede of feoffement of two acres of land lying each in a seuerall Shire and make liuery of seisin in th one acre onely in the name of both that wherein liuerie of seisin was made onely passeth in law and conscience Doct. St. lib. 1. cap. 20. If one Iointenant of a wood sell the wood and keepe all the money receiued for it wholly to himself his fellow may haue remedy in Chancerie lib. 1. cap. 19. And so it seemeth if they were Iointenants in common or Coparceners of other things If a common person of his mere motion without other consideratiō make a feoffement of a manor without these words with the appurtenances he hath right onely to the demeanes and cōmons and rents of the attournement but neither to Aduowson appendant nor villein regardant But in the Kings case notwithstanding the words with thappurtenances were in the graunt yet neither Aduowsons nor Villeines do passe either by Law or conscience vnlesse they be especially named D. S. Lib. 1. cap. 19. 6. E. 3. 286. Regist fol. 228. Fundamenta Legum fol. 70. 43. E. 3. 22. If a lease for yeares be reseruing rent with a clause of reentrie the rent is behind the lessor dieth before demaund the heire can neither enter by law nor consci●●e Otherwise if he made a lawfull demaund thereof D. S. lib. 1. cap. 20. If tenant in Dower sow the land and die before the Corne be reaped hir executors shall haue the Corne but not the grasse nor other fruits D. S. Lib. 1. cap. 20. If tenant for life or tenant in taile after possibilitie of issue alien in fee he in the reuersion or remainder may enter and haue the land by the forfeiture in law and conscience D. S. Lib. 1. cap. 20. 45. E. 3. 3. Euery Law ordeined for the disposition of lands or goods contrarie neither to the Law of God nor to the Law of Reason bindeth in the Court of Conscience D. S. Lib. 1. cap. 20. Whether one of the age of xx yeares who hauing reason and wisdome to gouerne himselfe selleth his land for money and therewith buy other lands of better value and taketh the profits thereof may haue his first land againe in conscience as he may in law repaying the money which he receiued Yet seemeth he may because the contract is insufficient by reason of the infancy D. S. lib. 1. cap. 21. If a man sell his land by a sufficient and lawfull contract though he want liuerie or attournement or such other solempnities of the Law yet the sellor is compelable in the Chauncerie to performe the contract D. S. lib. 1. cap. 21. If the tenant for life impanelled on an Inquest loose issues die they are leuiable by law on him in the reuersiō And so be the husbands issues after his death vpon the wiues land and as it seemeth in Conscience for the necessitie of the execution of Iustice D. S. lib. 2. cap. 21. No man is bound in Conscience to pay the penaltie of a penall statute nor other penaltie vntill it be lawfully recouered against him D. S. lib. 1. cap. 23. If A. infeoffe B. in fee of land vpon condition that if he infeoffe any other that A. and his heires may enter this condition seemeth void in Law and Conscience because it is contrary to the Maximes of the law notwithstāding thintent of the parties for thintent must be ordered by law if it be not it is void as by a feoffement of lands without recompence to A. for euer he hath estate for life onely for want of the woord heires And a Lease to A. his heires for xx yeares shall go to his executors because it is a chattel so by feoffement without recōpence to a man his wife a third person the husband wife take only the moitie because they are but one person in law D. S. lib. 1. cap. 24. A fine with proclamation no claime within v. yeres extinguisheth the right of all estrangers aswell of the parties by law And by Conscience also as it seemeth because thereby the right and title is made certaine and thereby the common wealth more quiet and it is not contrarie to Gods law Doct. St. 25. Common recouery with vouchers vpon writs of Entre orderly pursued and no recouery in value to be had in deed barre thissue in taile in law 23. H. 8. Br. Taile 23. 14. E. 4. 14. 19. 13. E. 4. 1. And in conscience as it seemeth for as the intailes are made by law West 2. ca. 1. euen so by law may they be adnulled And such Lawes as concerne right or propertie to things and be not contrarie to the lawes of God or of reason are good in conscience D. S. lib. 1. cap. 6. If a disseisor giue the lands to I. S. in taile he graunteth vnto the disseisee rent out of the same lands in consideration wherof the disseisee releaseth his right this graunt bindeth the issue in taile for euer in law and conscience because this release doth confirme his estate which the disseisee might else haue defeated D. S. Lib. 1. cap. 27. 44. E. 3. 22. If the bodie of a debtor that hath nothing be by iudgement imprisoned vntill he pay his debt hee seemeth remedylesse in Conscience D. S. lib. 1. cap. 29. A recouerie with vouchers of an annuitie intailed bindeth thissue in taile neither in law nor conscience because a writ of Entre doth not lie for an Annuity nor any other writ then only a writ of Annuity against the person of the grantor or his heire hauing assets by discent Or against a Corporation if it be graunted to be perceiued out of their cofers for that an Annuitie is no freehold in

law D. S. lib. 1. cap. 30. 44. E. 3. 5. 2. H. 4. 13. Fitz. Na. br fol. 152. If tenant in taile be disseised and die and a collaterall aunce●●er to the heire in taile release to the disseisor with warrantie and die and the same warrantie discend vpon the said heire he is barred in law and conscience D. S. cap. 31. 35. H. 6. 63. 41. E. 3. 7. 45. E. 3. 23. 19. H. 6. 59. 15. H. 7. 9. 10. 21. H. 7. 39. 3. H. 7. 9. Tenant in taile after possibilitie of issue is dispunishable for wast by law and conscience because he had once inheritance 45. E. 3. 3. 39. E. 3. 16. and thereby power to wast without punishment which power endureth so long as his estate D. S. lib. 2. cap. 1. If a man be outlawed before he haue knowledge of the suit albeit the surmised cause of action be vntrue yet the Queene may haue his goods by Law and conscience by reason of his disobedience in not appearing to the hindrance of the effect of law for he is bound to take notice of the suit being of record at his perill And the forfeiture groweth by a generall Maxime made for the necessarie execution of Iustice But it seemeth the defendant may haue remedie in conscience against him which caused him to be outlawed without iust cause D. St. lib. 2. cap. 3. 21. H. 7. 7. 9. H. 6. 20. If an estranger do wast lands which another holdeth for yeares life in dower or by the curtesie without the tenants assent the owner of the reuersion may recouer the place wasted and treble dammages against the tenant in law And in conscience notwithstanding that the stranger be insufficient to recompence him for the same for it is his owne act and follie to take such estate subiect to the chance D. S. lib. 2. cap. 4. If a real action be brought by a very lawfull heire and yet bastardie being pleaded in him he is vntruely certified by the Ordinarie to be a bastard and so barred the tenant knowing this certificate to be vntrue ought not in conscience to reteyne the land yet is there no remedie for him in law nor in Chauncerie as it seemeth for that the Bishops certificat is the highest triall that the law affordeth in this behalfe And euery stranger may take aduantage of this certificate and no moe writs may be awarded for further trialll of the trueth thereof for the auoyding of the incōuenience which might happen if another Bishop should certifie such bastard to be legitimate D. S. lib. 2. cap. 5. If a feoffement in fee be made without deed or a gift in taile or a lease for life the remainder ouer in fee Or if tenant for ●fe graunt his whole estate by deed Poll reseruing rent in these cases the reseruation is void in law and there is no remedie therefore but in conscience D. S. lib. 2. cap. 9. Learne whether Executors or Administrators hauing assets be compellable in Chauncerie to make amends for trespasse done by their testator or to pay debt due by him vpon a simple contract Do. St. lib. 2. cap. 10. If tenant in fee haue two sonnes and die and I. S. abate and thelder sonne make his executors and dieth and the yonger recouereth against the abator in Assise of Mortdauncester the lands and damages from the death of his Father the executors of the elder brother haue no remedie for the damages accrued in his life time as it seemeth Do. Stu. lib. 2. cap. 13. Tenant in dower hath no remedie in Equitie against the alienee of her husband for damages growing betweene his death and her demaūd D. S. lib. 2. cap. 13. Tenant for life disseised dieth his disseisor dieth his heire entreth against whom the owner of the reuersion recouereth the landes but no damages by law nor Equitie D. S. lib. 2. cap. 13. If a man seised of lands knowing that an other hath good right thervnto leuieth a fine with proclamation to extinguish such right And maketh no claime within v. yeres he is remedilesse in law and Equitie D. S. lib. 2. cap. 14. A man seised of lands in fee hath a daughter she marieth and hath issue her father dieth the husband so soone as he knoweth of his fathers death hasteth to take possession of the land but before he come to it his wife dieth he shal not be tenant by the Curtesie of England by law nor conscience because he had not actual possession thereof in the life time of his wife D. S. lib. 2. cap. 15. If without consideration a new rent be graunted without deede or a reuersion without attornement the grauntee is remedilesse Do. St. lib. 2. cap. 15. A man seised in fee of lands holden by Knights seruice deuiseth the whole to A. B. the deuisee thereof is remedilesse for a third part thereof for that there is no Maxime in law for him D. S. li. 2. ca. 15. If the tenant make a feoffement of the land which he holdeth by prioritie taketh estate thereof backe againe and dieth the Lord of whom he held by priority is remedilesse D. S. lib. 2. cap. 15. If the grauntee of a rent charge take a feoffement from the grauntor of parcel of the lands charged to his owne vse the whole rent is extinct by the vnitie of possession because such rent is against common right And the law deemeth it his owne folie to accept the feoffement and neither his ignorance of the deede nor of the law can helpe him D. S. lib. 2. cap. 16. 17. Yet Quaere in Equitie because the grauntor himselfe is priuie to the said feoffement D. S. lib. 2. cap. 17. A. graunteth a rent charge out of two acres of land vnto B. and then infeoffeth H. of the one acre in fee to his vse and after H. intending to extinguish the whole right causeth the same acre to be recouered against him by common recouerie in a writ of Entre sur disseisin in le Post in the name of the said grauntee not knowing thereof and of an other man who by force thereof entreth and dieth so that the grauntee is sole seised of all the same acre by suruiuor to thuse of the said H. The whole rent is hereby extinct by law through the vnitie of possession though the vse be to H. it is also extinct in conscience as to the grauntor because he is neither party nor priuie to that by which thextinguishment groweth But Quere whether in conscience the grauntee ought to haue the whole rent of H. who caused the said recouerie to be so had Do. S. Lib. 2. cap. 17. If a Villein graunted for life purchaseth lands in fee and the grauntee entreth before the villein alieneth the same the grauntee shall haue the land for euer as a perquisite by reason of the villein And this both by Law 5. E. 4. 61. and by conscience D. S. lib. 2. cap. 18. Perkins Sect ' 94. 95. 96. 97.

occupieth by the lease for yeres yet continuing of the said defendant And the said defendant also saieth that he is sued for the rent reserued vpon his lease by the said G. H. named in the said bill of cōplaint in the kings Bench in an action of debt brought by him against the saide defendant And therefore the said defendant much marueileth of this suit of the saide complaynant brought in this honorable court against the said defendant touching the said premisses By which suit of the said complaynant the said defendant is wrongfully sued and vexed without any iust cause of suit without that that there is any such extent made of the said three parcels of land called c. or that after the same extent there was any such bargaine sale made by the said Shirife named in y● said bill of complaint of the said terme lease of yeres of the said premisses vnto the said G. H. Or that the said G. H. bargained or sold the said premisses vnto the said complaynant or that the said complaynant ought to haue and inioy the said premisses to the knowledge of this defendant And without that there is any other matter or thing c. All which matters c. ●ill for a title of land intailed IN most humble 〈◊〉 sheweth and complayneth vnto your good Sect ' 135. Lordship your daily Orator R. R. husbandman That where one W. late of S. in the county of W. husbandman grandfather of your said Orator was lawfully seised in his demesne as of fee by due course of inheritance vnto him lawfully discended from his auncestors and other lawfull conueyances in the law of and in one messuage c. CC. acres of land meadow wood and pasture with their appurtenances in S. aforesaid And the said W. R. so being of the premisses seised about ten yeres now past It was condiscended granted agreed betweene the said W. R. and one I. E. late of H. in the said countie deceased that A. B. then sonne and heire apparant of the said W. R. before a certaine day should marry and take to his wife one A. E. daughter of the said I. E. and that the said W. R. in consideration thereof and for that the said A. should be greatly aduanced and preferred in goods and substance by the mariage of the said A. would immediatly after the said mariage had and solemnized conuey and make vnto the said A. and A. a good sufficient and lawfull estate in the Law of and in the said mesuage lands tenements and other the premisses To haue and to hold vnto the said A. and A. and to their heires males of their bodies lawfully begotten And afterward the said A. according to the said agreement did marrie and take to his wife the said A. E. immediatly after which mariage had and solempnized the said W. K. according to his said promise and agreement did lawfully enfeoffe of and in the said mesuage lands tenements and other the premisses the said A. R. and A. then his wife To haue and to hold vnto the same A. and A. and to their heires males of their bodies lawfully begotten by force whereof the said A. and A. were seised of and in the premisses in their demeanes as of fee taile speciall and they so being thereof seised the said A. and A. had issue male betweene them lawfully begotten one I. R. and your said Orator and one W. R. and the said W. R. the elder died by and after whose death the reuersion in fee simple of the premisses discended vnto the said A. as sonne and heire vnto him And afterward the said A. and Agnes dyed after whose death the said messuage lands tenements and other the premisses discended and came and of right ought to discend and come vnto the said I. R. as sonne and heire male of the bodie of the said A. and A. lawfully begotten by force whereof the said I. R. entred into the said messuage lands tenements and other the premisses and was thereof seised in his demesne as of fee taile And he so being thereof seised the said I. R. about foure yeres now past of the said messuage and other the premisses dyed seised without issue male of his bodie lawfully begotten by force whereof the said messuage and other the premisses discended and came and of right ought to discend and come vnto your said poore Orator as brother and heire male to the said I. R. by the vertue of the gift aforesaid So it is my singuler good Lord that aswell the deede of intaile made of and for the premisses by the said W. R. the grandfather vnto the said A. R. and A. and to the heires males of their bodies lawfully begotten as is aforesaid as diuers other charters euidences and deedes writings and muniments concerning the premisses prouing the said interest and title of your said Orator in and to the premisses been disceiptfully comen to the hands and possession of I. W. and C. his wife late wife of the said I. R. G. W. gentleman and T. S. the elder and remaine there as they haue conueyed and put them and by colour of hauing the said euidences deedes writings and mumments in their hands and possession the same I. W. and E. haue now of late wrongfully entred into the said messuage and other the premisses And the possession thereof do so yet wrongfully deteine keepe from your said Orator and also the rents issues and profites thereof haue wrongfully receiued perceiue● and taken to their owne vse by the space of fower yeres past and so yet do contrary to all right and good conscience And albeit that your sayd Orator hath often and sundry times required and instantly desired the said I. W. and E. G. W. and T. S. aswell to deliuer vnto your said Orator the said euidences deedes writings and muniments concerning the premisses as also to auoid the possession of the premisses and peaceably and quietly to permit and suffer your said Orator and his assignes to haue and inioy the same and to receiue and take the rents and profits thereof to his owne vse according to his said interest and title therein which to do they at all times haue refused and denied and yet do contrarie to all right and good conscience And for asmuch as your said Orator knoweth not the certaine number contents ne other certainties of the said euidences deedes writings and muniments nor wherein they be conteined And also for that the said I. W. E. G. W. and T. S. be of so great substance riches and also greatly frinded and borne in the said Countie of W. And your said Orator being but a poore man and hauing but few friends in the said Countie the same your said Orator is and shall be therefore without remedy concerning the premisses by due course and order of the common Law and otherwise vnlesse your good Lordships ayde and fauour be vnto him shewed in this behalfe In consideration whereof

praecipimus quod omnia terras ten̄ta quae ●adem E. sic tenuit in dotem de haereditate p̄dicta in balliua tua c. per sacramentum c. diligenter inquiras quas terras quae tenementa eadem E. sic tenuit in dotem de haereditate p̄dict̄ in balliua tua die quo obijt quantum inde de nobis tenetur in capite quantum de alijs per quod seruitium c. If the Queene haue the wardship of a reuersion and the tenant for life die then thus Quia A. quasdam terras quaedam tenementa de haered ' E. consanguinei haered ' H. de P. defuncti qui de rege tenuit in capite infra aetatem in custod ' regis existent̄ tenuit ad terminum vitae suae Diem clausit extrem̄ c. tibi praecipimus c. After the death of the tenant by the Curtesie thus Quia A. qui quasdam terras quedam ten̄ta de nobis tenuit per legem Angliae de haered ' M. vxoris suae dudum defunctae Diem clausit extremum tibi praecipimus c. But if the Queene haue a remainder and her tenaunt for life dieth then must the Writ be thus Quia A. quae fuit vxor c. qui quasdam terras quaedam tenementa tenuit ad vitam suam quae post mortem ipsius A. nobis haered ' nr̄is remaner̄ debent Diem clausit extremum c. tibi praecipimus c. qui eadem sic tenuit quae post mortem c. remaner̄ debent c. vel sic post mort̄ praedict ' B. ad manus nostras ratione minoris etatis praefat̄ haered ' deuener̄ c. But if the temporalties of a Bish be in the Queenes hands and one that holdeth of the Bishopricke by knights seruice dieth the Diem clausit extremum must be thus Regina c. Quia A. de Archiepiscopatu Cantuar̄ vacant̄ in manu nostra existent̄ tenuit per seruic ' militare Diem clausit extremum c. tibi praecipimus c. de quibus idem A. fuit seisitus in dominico suo vt de feodo c. tenuit de Archiepiscopatu praed ' sine dilatione c. But if the Queenes Idiot die the writ must be such Quia B. de C. nuper fatuus Idiota cuius terrae ten̄ta ratione fatuitatis eiusdē B. in manu nr̄a existunt diem c. vt accepimus tibi p̄cipimus quam ꝑ sacrament̄ c. diligenter inqui●as quae terrae quae ten̄ta ratione fatuitatis p̄d ' B. in manū nr̄am capta fuerunt adhuc in manu nr̄a existunt de quo vel de quibus teneantur ꝑ quod seruitiū quantū terrae illae valeant c. quis propinquior c. inquisit̄ c. Datur nobis intelligi ANd if the Eschea●or receiue a Diem ciausit extremum and die Sect. 195. or be otherwise remoued from his office before execution thereof then issueth a writ of Datur nobis intelligi in this forme Regina c. Cum nuper datur nobis intelligi quod I. de B. qui de nobis tenuit in capite Diem clausit extremum praeceperimus dilect ' nobis W. de O. nuper Eschaetori nr̄o in comitatu praedict ' quod omnia terras tenements c. vt supra Mutatis mutandis Ac idem W. ab offic ' praedict̄ iam sit amotus per quod executio breuis nostri praedict̄ fieri non potest Nos super praemissis volent̄ cerciorari Tibi praecipimus quod persacramentum c. diligenter super praemiss facias inquisitionem etiam distincte c. T. c. Or thus Regina dilecto c. Cum nuper datur nobis intelligi quod I. de B. qui de nobis tenuit in capite Diem clausit extremum praeceperimus dilecto fideli nostro H. de B. nuper Eschaetori nostro in eodem Com̄ quod omnes terras c. sine dilatione caperet in manum nostram c. donec aliud inde praecepissemus per sacramentum c. inquiret quantum terrae c. vt in primo breui Ac idem H. antequam praedict̄ breue fuerat executum ab officio praedict̄ fuerat amotus Nos volentes super praemissis plenius cerciorari ●ibi praecipimus quod super articulis praedict ' eorum singulis diligenter facias inquisic ' eam distincte aperte fact ' c. vt supra c. But if the first Escheator execute the writ and die before the inquisition ●e returned into the Chauncery then a Certiorare shall be awarded to his Executors or Administrators to certis●e the same inquisition for it is a matter of Record so soone as the Iurors haue found and sealed it Of a Mandamus IF the Kings tenant by Knights seruice die his heire within age and Sect. 196. no writ of Diem clausit extremum be awarded within a yeare after his death then shall issue a Mandamus in this forme Rex dilecto sibi W. de B. Eschaetori suo in com̄ B. Salutem Praecipimus tibi quod per sacramentum proborum legalium hominum de balliua tua per quos c. diligenter inquiras quas terras quae ten̄ta I. de B. tenuit de nobis in capite tam in dominico quam in seruitio in balliua tua die quo obijt quātum de alijs per quam seruitium quantum terrae ten̄ta illa valeant per annum in omnibus exitibus quo tempore idem I. obijt quis propinquior c. cuius aetatis quis vel qui terras ten̄ta illa a tempore mortis praed ' occupauit vel occup̄ exitus proficua inde praecepit vel praeceperunt quo titulo qualit̄ quo modo c. Et inquisitionem c. THe heire shall haue but one writ of Diem clausit extremum only Sect. 197. within a yere after his auncesters death But where thancester died ward to the Queene and within age for then a new Diem clausit extremum shall be a warded a yeare after the Infants death and not a Mandamus per Regist fol. Of Commissions after the death of the Queenes tenant ALso the heire of the Kings tenant by Knights seruice in chiefe Sect ' 198. may sue forth a speciall Commission directed to certaine persons to inquire what lands c. as aboue in a Diem clausit extremum which Commission will he as beneficiall for the heire as a Diem clausit extremum For vpon Inquisition taken by such a Commission retornable into the Chauncerie ●e may haue Liuerie at his full age But he shall neuer haue Liuerie vpon a generall Commission to inquire of all Wardes c. Quae plura THis writ lyeth when any of the Heires lands be omitted in a former Sect. 199. office or

diuers things with warrantie in consideracion of a rent with a clause of distresse c. 125 ✿ Of the 3. parte of a rent with warrantie 126 ✿ Of the 3. part of certaine land by these words Concesserunt reddiderunt 127 ✿ A Fine with general warrantie of an estate pur aut vie after whose death the land is to reuert to the conusor 128 ✿ Of diuers things to a Presidēt schollers of a Colledge with wa●ranty 129 ✿ With warrātie against the conusors the heires of the husband 130 ✿ Of diuers things with general warra●tie 131 ✿ Of the 3. part of diuers things with generall wa●rantie 132 ✿ By the husband and the wi●e of diuers things with generall warrantie 133 ✿ The order of taking the knowledge of a Fine by Dedimus potestatem fol. 37. b ✿ A Fine with generall warrantie with a graunt and render to one of the conusors for 7. daies with a remainder for life to a straunger the reuercion after to the said conusor in fee. 134 ✿ By the husband and the wife of diuers things with generall warrantie 135 ✿ A Fine before the Iustices of the Common pleas at Westminster with generall warrantie 136 ✿ A Fine with warrantie against the conusor and his heires 137 ✿ The engrossement of the Fine before as it is vpon Record 138 ✿ A Fine with generall warrantie with a graunt and render for certaine termes and after to remaine ro the conusor in fee. 139 ✿ A Fine with generall warrantie with a graūt of the conusee for life the reuercion to the conusor in fee. 140 ✿ Of a Rent with generall warrantie 141 ✿ A Fine with generall warrantie in consideration of an Annuitie imposing a payne for the non payment thereof 142 ✿ A Fine of lande to holde by Knights seruice and rent with generall warrantie 143 ✿ A Fine of a mannor reciting c. with warrantie against the Conusors during c. 144 ✿ A Fine with warrantie in consideration whereof the conusee regraunts the premisses for a certaine tearme after the ende whereof the premisses are to remayne to the Conusee in fee. 145 ✿ The taking of the knowledge of the fine fol. 41. a ✿ Notes to bee obserued in fines fol. 41. a ✿ A fine of diuers things with render to the conusors for life and with diuers remainders ouer after the● death in generall tayle for default of issue ●o the c. 146 Adiunctes of Concordes 147 A licence of alienacion of landes holden in capite 148 A licence to alien in Mortmaine 149 A Quod permittat finem leuari 150 The writ of Ad quod damnum 151 Of a Pardon for alienacion 152 Of the Dedimus potestatem to take recognizance of a fine 153 The Dedimus● potestatem thereof fol. 44. a The Praecipe and Concord which m●st be filed to the Dedimus potestatem fol. 44. b Of the Queenes siluer 154 Obseruations necessarie at the knowledging of fines 155 How and when cognisaunces of fines must be certified and what may hinder the same 156 Of thinrollement of writtes of couenant Dedimus potestatem and knowledges thereupon which is tearmed the foote of the fine 157 Of the Note of the fine 158 Quid Iuris clamat 159 What persons may obtayne attournement by Quid Iuris clamat and what not 160 What persons bee compelable to atturne in a Quid Iuris clamat and what not 161 What pleas will barre the plaintife of atturnement 162 What processe will lie in a Quid iuris clamat 163 The manner of the writte in a Quid iuris clamat 164 The distresse in a Quid Iuris clamat fol. 49. b. Diuers formes of Entries if the parties appeare after the daie of the retur●e fol. 49. b Atturney in Quid Iuris clamat 165 The writ of Quem redditum reddit 166 The writ of Per quaeserui●ia 167 Vpon whose alienation the tenant is not compel●ble to atturne 168 Against whom a Per quaeseruitia lieth whom not 169 Of the ingrossing of fines 170 Of the tabling of fines ingrossed 171 How many Proclamacions are to bee made vpon fines and when 172 Of Proclamacions of fines at the assises and generall Sessions how they must be certified 173 Of the Inrolement of al the partes of fines after the ingrossing thereof proclamacions passed 174 Of the Exemplification of the partes of fines inrolled 175 How Fines executory bee executed 176 The manner of execucion of fines by writte 177 Of exccucion of Fines by Scire facias 178 Certayne cases of the nature and forme of a Scire facias vpon a fine 179 What fines with proclamacions barre the issue in tayle 180 What time after a fine leuied and Proclamacion made any man hath to enter or clayme by action or otherwise and who are thereby barred and who not 181 How priuies in blood are bounde in fines 182 Of Estraungers hauing present right and no impediment 183 Of Estraungers hauing present right and impediments 184 Of Estraungers hauing diuers defectes 185 Of Estraungers without impediments haue future right for cause precedent 186 Of Estraungers with impediment hauing future right 187 Of Estraungers hauing no right before the Fine 188 Of Estrāgers hauing diuers future rights by diuerse titles 189 Estrangers to fines hauing neyther presēt nor future right to the tenements in the fine at the leuying therof but onely vnto rents common c. issuing out of the same 190 Pleas to auoid Fines 191 Of a writ of Error 192 Of a Certiorari 193 A Mittimus of the transcript of a fine out of the Chauncerie into the Common place 194 A Mittimus 195 A Mittimus for the foote of a fine fol. 72. b Whether any but he which reuerseth a fine may take benefit thereby 196 A writte of Warrantia chartae 197 Recoueries OF Recoueries for assurances commonly called Common or feigned Recoueries Sect. 1 Of what thinges writtes of Entre may be brought and by what names 2 Of what things a writ of Entre lieth not 3 A Certiorari to the Executor of the Iustice before whom the warrants were acknowledged 4 A recouery with single voucher 5 A recouery with double voucher 6 A recouery with treble voucher 7 A recouery of an Aduowson 8 All the partes of a recouerie in a writ of Right de Praecipe in capite exemplified 9 Remissio Curiae in breui de Recto 10 The Exemplification of a recouerie inrolled according to the Statute of 23. Eliz. cap. 3. 11 Perdon alien̄ super te●● per breue de ingressu recuperat̄ 12 Exemplificacion of a recouerie with double voucher out of the Prothonataries office 13 An other of the like effect 14 A Dedimus potestatē to take knowledge of a warrant of Atturney of the vouchee 15 The manner of the returne fol. 83. a A Dedimus potestatem de attornat̄ rec in breui de ingressu super disseisinam in ●e post pro tenen● 16 The manner of the Returne fol. 83. a Aliud

praedict ' M. Tenend ' vt supra A Fine of the moity of manors messuages land meadow pasture wood linge and heath more marishe and rent the aduowson of the moity of a Church the aduowson of the moity of a Monasterie or priory in possession and reuersion in fee. HEc est finalis concordia fact ' in Curia dn̄ae Reginae apud Westmonaster̄ sect ' 83. in crastino sanctae Trinitatis Anno regni Eliz. dei gratia Angliae Francie Hibern̄ Reginae fidei defens c. a conquestu tricesimo fecundo coram E. A. c Iustic ' alijs dominae Reginae fidelibus tunc ibi presentibus int̄ A. M. L. H. quer̄ T. N. I. vxorē eius vnam consanguinearum heredū R. E. deforc ' de medietate mancriorum de W. R. cum pertinētijs ac de medietate octaginta messuag ' 40. acr̄ terr̄ 300. acr̄ prati 50. acr̄ pastur̄ 100. acr̄ bosci 30. acr̄ iampnorum bruere 160. acr̄ more 200. acr̄ marisci viginti solid or̄ redditus cum pertin̄ in W. R. W. P. T. c. Necnon de Aduo catione medietat̄ ecclesiarum de E. W. P. R. ac etiam de aduocation̄ medietat̄ Monasterij siue Prioratus de L. vnde placitum conuentionis summ̄ fuit inter eos in eadem curia Scilicet quod praedict ' T. I. recogn̄ praedictas medietates cum pertinentijs ac aduocationes praedictas esse ius ipsius A. de quibus ijdem A. L. habent de dono medietatem praed ' manerij de R. cum pertin̄ Necnon medietatem octoginta messuag ' 260. acr̄ terre 100. acr̄ prati 300. acr̄ pastur̄ 80. acr̄ bosci 200. acr̄ iampnorum bruere 140. acr̄ marisci 100. acr̄ more vj. li. vj. s. reddit̄ cū pertin̄ in R. T. H. c. Ac etiā aduocation̄ medietatis ecclesiae de R. ac aduocac ' medietat̄ Monasterij siue Prioratus de L. pcell ' medietatis mane● tenementorum reddituum aduocat̄ praedictar̄ de dono praedictorū T. I. ✿ Et ill ' remiser̄ quiete clam̄ de ipsis T. I. hered ' ipsius I. p̄dictis A. L. hered ' ipsius A. imperpetuum Et preterea ijdem T. I. concesserunt pro se heredibus ipsius I. quod medietas manerij de W. ac medietas 30. messuagio● 150. acrarum terre centum acrarum prati c. cum pertinentijs in W. P. E. W. praed ' ac aduocationes medietatis ecclesiarum de P. E. W. pred' resid ' medietatis maneriorum tenementorum redditu aduocac ' praedict ' que E. E. tenet ad terminum vite sue de hereditate praedictae I. die quo hec concordia facta fuit que post decessum ipsius E. E. ad predict ' T. I. hered ' ipsius I. debuerunt reuerter̄ post decess ipsius E. E. integre remaneant praed ' A. L. hered ' ipsius A. ✿ Tenend ' simul cum praedict ' medietate aduocatione que eis per finem istum remanent de capitalibus dn̄is feodi illius per seruitia que ad illas medietates aduocac ' pertinent imperpetuū Et praed ' T. I. hered ' ipsius I. warrant̄ praed ' A. L. hered ' ipsius A. praedictas medietates cum pertinētijs ac aduocationes praedictas sicut praedictum est contra omnes homines imperpetuum ✿ Et pro hac recognitione remissione quieta clamatione warrāt̄ fine concordia ijdem A. L. concesserunt praedictis T. I. praedict ' medietatem manerij de R. medietatem praedictor̄ ten̄tor̄ cum pertin̄ in R. T. H. c. praedict ' Necnon a duocationem medietatis ecclesiae de R. predict ' ac aduocationem medietatis Monasterij siue Prioratus de L. p̄dict ' Et illas eis red diderunt in eadem curia Habend ' tenend ' eisdē T. I. here d'ipsius I. de Capitalibus dominis feodi illius per seruitia que ad illas medietates aduocationes pertinent imperpetuum ✿ Et concesserunt etiam praed ' A. L. praedict ' medietatem manerij de W. cum pertin̄ ac praedict ' medietatē ten̄t̄ cum pertin̄ in W. P. E. c. p̄d ' pref T. I. Et illas etiam reddiderunt in eadem curia Habend ' tenend ' immediate post mortem p̄d ' E. E. eisdem T. I. hered ' ipsius I. de capitalibus dn̄is feo di illius per seruitia que ad illam medietatem aduocationem pertinent imperpetuum A graunt of lands by fine to two who render to the cognisor in generaltaile for default of such issue to R. T. in general taile the remainder to the Queenes Maiestie her heires and successors for euer ET est concordia c. quod praed ' A. recogn̄ ten̄t̄ praed ' cum pertin̄ Sect ' 84. esse ius ipsius I. vt ill ' que ijdem I. D. habent de dono praedict ' A. Et ill ' remisit c. Et pro hac c. ijdem I. D. concesser̄ praefat̄ A. tenement̄ praedict̄ cum pertinen̄ Et ill ' ei reddid ' in eadem curia Habenđ tenend ' eidem A. heredibus de corpore ipsius A. legitime procreat̄ pro defectu talis exitus tunc tenement̄ praedict ' cum pertinentijs integre remaneant hered ' de corpore R. T. alij praedict ' A. here dibus de corpore eorum legitime procreat̄ Et pro defectu talis exit̄ tunc tenement̄ predict ' cum pertinentijs remaneant dominae Elizabethae nūc Reginae Angliae Franciae et Hiberniae hered ' et successoribus suis imperpetuum c. A graunt of landes in general taile to be holden of the grauntor in Socage with diuers remainders ouer in taile with warranty against all men Essex ss PRaecipe s. B. agm̄ qd ' ten̄ W. S. cōuenc ' de iij. messuag ' Sect ' 85. c. cum pertin̄ in C. Et nisi c. ¶ Et est concordia talis scilicet quod predict ' S. concessit prefato W. tenementa praedict ' cum pertinentijs illa ei reddidit in eadem curia Habend ' tenend ' eidem W. hered ' de corpore suo legitime procreat̄ de praedict ' S. hered ' suis in Socagio per fidelitarem tantū pro omnibus seruitijs demandis que ad praedict ' tenementa pertinēt imperpetuum Et si contingat quod idem W. obierit sine hered ' de corpor̄ suo legitime procreat̄ tunc post decessum ipsius W. ten̄ta praedict ' cum pertinentijs integre remane bunt I. S. Auo praedict ' W. et hered ' de corpore ipsius I. legitime procreat̄ Tenenđ vt antea Et si nullus heres de corpore ipsius l. fuer̄ legitime proc ' tunc praedict ' ten̄ta cum pertinen̄ integre reuertent ad praedict ' S.

preterea ijdem T. et E. concesserūt pro se hered ' ipsius E. quod ipsi warrantizabunt maneria tenement̄ reddit̄ praeđ cum pertinentijs prefat̄ W. I. hered ' ipsius W. contra omnes homines imperpetuum Et pro hac recognicione c. ijdem W. et I. concesserunt pređ manerium ten̄ta et reddit̄ praeđ cum pertinen̄ et illa ei reddiderūt in eadem curia Habenđ et tenenđ eidem T. et hered ' suis imperpetuum A Fine knowledged by H. K. and I. his wife I. C. and K. his wife to R. G. of one messuage one garden of land pasture and the same conusors for them and the heires of lo doe warrant two parts of the premisses in iij. parts deuided to the c●usee and his heires against all men for euer PRaecipe I. H. I. vxori eius quod iuste c. teneant R. G. conuenciones inter eos fact ' de vno messuagio vno gardino 40. acris terre quatuor acris pasture cum pertin̄ in c. Et nisi c. ¶ Et est concordia talis quod p̄d ' I. I. recognouer̄ tenementa praed ' Sect ' 106. cum pertinen̄ esse ius ipsius R. vt illa que idem R. habet de dono praedict ' H. I. I. K. illa remiserunt quiete clamauerunt de ipsis H. I. I. K. heredibus suis praefat̄ R. hered ' suis imperpetuum Et praeterea ijdem H. I. I. K. concesserunt pro se hered ' ipsius I. quod ipsi warrant̄ duas partes ten̄torum praedict ' cum pertin̄ in tres partes diuiden̄ p̄f. R. hered ' suis contra ōnes homines imꝑpet̄ Et pro hac c. A Fine knowledged by I. F. knight and M. his wife and R. H. of two messuages one garden one or chard and of land meadow and pasture to T. P. and I. K. with warrantie against all men And the conusees by the said fine graunt render to the said R. one of the conusors in the fine vi acres of land c. parcel of the premisses for one moneth to come next afterwards the same to remain to one I. now the wife of R. N. R. N. son of the said R and I during their liues and the longer liuer of them And after their deceases the the said vi acres of land to remaine to I. N. daughter of the said R. and I. his wife during her life reseruing a rent with clause of distres for non payment thereof And the residue of the premisses viz. the two messuages one garden one orchard c. the said conusees graunt and render to R. H. for one moneth and afterwards to one R. N. I. his wife To haue to hold to the said R. I. during their liues and the longest liuer of them reseruing also thereupon a rent with a clause of distres for non payment thereof And lastly the said conusees doe graunt and render the reuersion of the whole premisses and the seueral rents reserued vpon the said graunts and renders vnto the said I. F. and M. his wife two of the said conusors and to the heires of the said I. F. for euer PRaec ' I. F. milit̄ ac M. vxori eius et R. H. quod iuste c. tenent Sect ' 107. T. W. I. K. c. de duobus messuag ' 1. gardin̄ 1. pomar̄ 21. acris t̄re 6. acr̄ prat̄ 58. acr̄ pastur̄ cū ꝑtin̄ in M. Et nisi c. ¶ Et est concordia talis scz qd ' p̄d ' I. M. R. recogn̄ ten̄ta p̄d ' cū ꝑtin̄ esse ius ipsius T. vt illa que idē T. I habēt de dono p̄f. I. M. R. Et illa remiser̄ quiete clam̄ de ipsis I. M. R. hered ' suis p̄d ' T. I. hered ' ipsius T. imꝑpetuū Et p̄terea ijdē I. F. M. R. concesser̄ pro se Warrantie hered ' ipsius I. qd ' ipsi warrant̄ ten̄ta p̄d ' cū ꝑtin̄ p̄f. T. I. hered ' ipsius T. cont̄ oēs hoīes imꝑpetuū Et pro hac c. ijdem T. I. concesser̄ The Render of parcel of the premisses p̄d ' R. vj. acr̄ terre 3. acr̄ pastur̄ et 46. acr̄ prati de ten̄tis p̄d ' cum ꝑtin̄ illa ei reddider̄ in ead ' cur̄ Habend ' et et tenend ' eid ' R. pro termino vni mensis iam prox ' futur̄ Et post t̄min̄ illū finit̄ easd ' 3. acr̄ t̄re 3. acr̄ prat̄ 46. acr̄ pastur̄ cū ꝑtin̄ integre reman̄ cuidā I. modo vxori cuiusd ' R. N. cuidā R. N. filio eorund ' R. I. Habend ' tenend ' p̄f. I. et R. tota vita ipsor̄ I. et R. et eor̄ alterius diutius viuen̄ Et post decessū eorund ' I. R. easdem 6. acr̄ t̄re 3. acras prati 46. acr̄ pastur̄ cū ꝑtin̄ integre reman̄ I. M. filie p̄d ' R. et I. vxoi eius Habend ' et tenend ' eid ' I. filie tota vita eiusd ' Therent I. filie reddend ' inde annuatim p̄d ' T. I. hered ' suis cent̄ 8. s. 10. d' ad sestū Annunc ' c. per equales porc ' annuatim soluend ' Et si A clause of distresse contingat praed ' ānualem reddit̄ Cviij s. x. d. vel aliqua inde ꝑcella a retro fore in ꝑte vel in toto ꝑaliquod festum festorū p̄d ' quo siue quibus vt prefertur solui debeat non solut̄ Qd ' tunc beneliceat p̄d ' T. I. hered ' assignat̄ suis tam tota vita naturali p̄d ' I. R. N. modo vxoris p̄đ R. eorum alterius diutius viuen̄ quā tota vita p̄d ' I. fil' in p̄d ' 6. acras terre c. cum ꝑtin̄ in quanilibet inde ꝑcellam intrare distringere distriction̄ sic ibid ' capt̄ liceat inde abducere effugare penes se retinere quousque de p̄d ' annuali reddit̄ Cviij s. x. d. de qualibet inde ꝑcella vna cū arrerag ' eiusd ' si que fuerint eis plena sie satisfact ' ꝑsolut̄ Et vlterius ijdem T. I. concesser̄ p̄d ' R. H. duo messuagia vnū pomatiū The render of the residue vnū gardinū 16. acr̄ terre 3. acr̄ prati 12. acr̄ pasture resid ' cū ꝑtinen̄ ten̄tor̄ praed ' Et illa ei reddider̄ in eadem curia Habend ' tenend ' eid ' R. pro termino vnius mensis Et post terminū ill ' finit̄ ead ' duo messuagia vnum gardin̄ vnū pomar̄ xvj acr̄ terre tres acr̄ prati et duodecē acr̄ pasture resid ' integre remanere ●uidam R. N. I. vxori eius Habend ' et tenend ' eisdem R. R. I. tota vita ipsor̄ R. R. et

droit gardens c. and of the moity of xx messuages c. one water mille one douehouse c. with warranty against all men PRaecipe I. P. gener̄ E. vxori eius quod iuste c. teneant Sect ' 133. I. L. conuenciones inter eos fact ' de nouem messuagijs nouem gardinis trescent̄ acr̄ terre cent̄ acris prati cent̄ acris pasture viginti acr̄ bosci centum acris iampnorum bruere c. Ac de medietate viginti mesuagior̄ viginti gardinorum vnius molendini aquatici vnius columbar̄ sexagint̄ acris terre ducent̄ acris prati trescent̄ acris pasture sexagint̄ acris bosci trescent̄ acris iampnorum bruere cum pertinentijs in N. B. C. D. c. Et nisi c. ¶ Et est concordia talis scilicet quod praedict ' I. P. E. recognouerunt praed ' ten̄ta medietatem cum pertinentijs esse ius ipsius I. L. vt illa que idem I. L. habet de dono praed ' I. P. E. Et illa remiser̄ quiete clamauer̄ de se hered ' suis prefat̄ I. L. hered ' suis imperpetuum Et preterea ijdem I. P. E. concesserunt pro se hered ' ipsius E. quod ipsi warrantizabunt prefato I. L. hered ' suis praedict ' ten̄ta medietatem cum pertin̄ contra omnes homines imperpetuū Et pro hac c. The order of taking the knowledge of a Fine by Dedimus potestatē directed to diuerse but the knowledge taken onely by two of the Commissioners and the certifying thereof by the Commissioners that tooke the knowledge After the Fine is acknowledged the Commissioners must write vnder the Concord of the said Fine as followeth Capt̄ recognit̄ die c. Anno c. coram A. B. armig ' C. D. gener̄ virtute breuis dominae Reginae de Dedimus potestatem nobis alijs direct Commissioners A. B. C. D. Then write vpon the backe of the Dedimus potestatem Respons A. B. Arm̄ C. D. gener̄ duorum Commiss infra nominatorum Execucio istius Commissionis pater in quadam Schedula huic commissioni annex ' Then must the Commissioners subscribe their names A Fine knowledged by W. D. and I. D. to ● R. I. D. of one messuage and one cottage in ●pswich with warranty against all men In consideration whereof the conusees doe graunt and render the premisses to the said I. D. one of the conusors for terme of seauen daies next following and afterwards the same premisses wholy to remaine to one M. G. for her life and after her death the premisses wholy to remaine to the said W. D. one of the said conusors and his heires for euer PRaecipe W. D. I. D. quod iuste c. teneant I. R. gen̄ Sect ' 134. I. D. conuenc ' de vno messuagio vno cottagio cum pertin̄ in I. Et nisi c. ¶ Et est concordia talis scilicet quod praed ' W. D. I. D. recogn̄ tenementa praedict ' cum pettinentijs esse ius ipsius I. vt illa que idem I. I. D. habent de dono praedict ' W. D. I. D. Et illa remiserunt quiete clamauerunt de se hered ' suis prefat̄ I. I. heredibus ipsius I. imperpetuum Et preterea ijdem W. I. concesserunt pro se Warrantie hered ' ipsius I. D. quod ipsi warrantizabunt prefat̄ I. I. heredibus ipsius I. tenementa praedict ' cum pertinentijs contra omnes homines imperpetuum Et pro hac recognicione c. ijdem I. I. concesserunt The render tenementa praedict ' cum pertinentijs prefato I. D. Et illa ei reddiderunt in eadem curia Habend ' tenend ' eidem I. D. pro termino septem dudierū extunc proxim̄ sequen̄ Et post termin̄ illum finit̄ praedict ' tenementa cum pertinentijs integre remanebunt cuidam M. G. Habend ' tenend ' eidem M. tenend ' de Capitalibus c. tota vita ipsius M. ●● post decessum ipsius M. praedict ' tenementa cum pertinentijs integre remanere prefat̄ W. D. hered ' suis imperpetuum Tenend ' de Capitalibus c. A Fine knowledged by the husband and his wife to H. S. Esquire of two messuages two Wich houses two shoppes two Chambers one Stable and xx acres of land c. with warranty against all men HEC est finalis concordia fact ' in curia dominae Reginae apud Sect ' 135. A Fine sur conusās de droit Cestriam die Lune septimo die c. Anno c. inter H. S. querentem W. G. S. vxorem eius deforcean̄ de duobus mesuagijs duobus Salimis vocat̄ Wich houses alias Salthouses duobus shopis duobus cameris vno stabulo decem acris terre 4. acris prati sex acres pasture cum pertinentijs in c. vnde placitum conuencionis summonitum fuit inter eos in eadem curia Scilicet quod praedict ' W. E. vxor eius recognouerunt tenementa praedict ' cum pertinentijs esse ius praedict ' H. S. vt illa que idem H. S. habet de dono praedict ' W. E. Et illa remiserunt quiete clamuerunt de se heredibus suis praefat̄ H. heredibus suis ●perpetuum Et preterea prefat̄ W. E. concesserunt pro se hered ' ipsius W. quod ipsi hered ' praedict ' W. tenement̄ p̄dict ' cum pertinen̄ prefat̄ H. hered ' suis warrantizabunt hered ' suis imperpetuum Et pro hac c. A Fine knowledged before the Iustices of the Common pleas at Westminof two messuages one toft 80. acres of land c. with warrantie against all men HEc est finalis Concordia fact ' in Curia domini Regis apud Westmonaster̄ Sect ' 136. in octabis sancti Martini Anno c. coram E. M. W. S. H. B. I. H. Iustic ' etalijs dn̄i Regis fidelibus tunc ibi presentibus inter R. Barm̄ I. L. gen̄ et R. L. gen̄ Quer̄ H. D. deforcean̄ de duobus mesuagijs vno tofto 80. acris terre xx acris prati 40. acris pasture tribus acris bosci cum pertinentijs in H. W. vnde placitum conuencionis summonitum fuit inter eos in ead ' curia scilicet quod praedict ' H. recogn̄ praedict ' tenementa cum pertinentijs esse ius ipsius R. B. vtilla que ijdem I. R. I. R. habent de dono praedict ' H. Et illa remiserunt quiete clamauer̄ de se hered ' suis praedict ' R. I. R. hered ' ipsius R. imperpetuum Et preterea idem H. cōcessit pro se hered ' suis quod ipse warrantizabit Warrantie I. R. hered ' ipsius R. praedict ' ten̄ta cum pertin̄ contra omnes

in him 38. E. 3. 20. Nor tenant in taile after possibility of issue extinct for the inheritance which was once in him 43. Ed. 3. 1. 46. E. 3. 13. 27. A particuler tenant of lands holden in Capite is not ●●pellable to T. for life of lands in capite atturne without sight of a licence of alienation least his lands should be be subiect to a fine for the alienation without licence 45. E. 3. 6. If A. and B. haue an estate for ten yeeres as executors and B. haue Executors fiue yeres in reuersion in his owne right he must atturne because he is possessed of y● who le terme the atturnement of one executor of a terme is good enough 32. E. 3. ●itz Quid iuris clam̄ 5. per Stanhoppe But if A. lease to B. and C. for vi yeres and after confirme the estate T. pur vi● ou● A. pur ans of B. for life the note of the fine shal make mention of B. onely per Seton 32. E. 3. Fitz. Quid iur̄ clam̄ 5. If tenant in dower or by curtesie grant their estate yet the Quid iur̄ T. Dower T. Curtesi● clam̄ lyeth against them for none but they can be tenant in dower or by the curtesie 18. E. 3. 5. If a lease for yeres with liuery be vpon condition that if the lessee T. for yeeres vpon conditiō pay x. li. such a day or the lessor die within the terme c. he shall haue fee If before the day the lessor alien by fine this tenant shall attourne Saluis aduantagijs And yet if he pay the x. li. at the day or the leassor die during the terme the lessee shall haue fee 6. R. 2. Fitz. Quid iuris clamat 20. If a Quid iuris clamat be against two as tenants in comen he which Vers T. in cōmen appeareth must atturne if he plede not that they are ioint tenants 16. E. 3. Fitz. Quid iur̄ clam̄ 21. If a particuler tenant graunt ouer his estate after the note leuied yet After assignement must he atturne 17. E. 3. Fitz. Quid iur̄ clamat 11. If the tenant attorne once vpon the grant of the cognisor he shall attorne Once attorne no more 4. E. 2. Fitz. Quid iur̄ clamat 45. If a ioint tenant or tenant in commen of a reuersion graunt his part Ioint tenant Tenant in commen by fine the particuler tenant shall not be compelled to attorne 5. Ed. 3. Fitz. Quid iuris clam̄ 40. Vpon a lease for life vpon condition that if the lessee die within 20. Tenāt for life vpon conditiō yeres that his executors administrators or assignes shall hold vnto the end of 20. yeres the lessee shall attorne as tenant for life with protestation to saue his interest 16. E. 3. 20. E. 3. Fitz. Quid iur̄ clam̄ 22. 31. If the reuersion of 2. ioint tenants for life be graunted by fine supposing Ioint tenāt of a reuersion th one to be sole tenant the tenant is not compellable to attorne 32. E. 3. Fitz. Quid iuris clam̄ 5. per Seton But tenant by Statute or Elegit seemeth not compellable to attorne T. by Elegit because the cognisor cannot compell him to accompt and he may holde the lands after his summe satisfied vntil he haue leuied his damages 6. E. 3. 53. Fitz. Fines 99. E. 3. Fitz. Quid iur̄ clam̄ 47. Nor a tenant for life where the husband sole is cognisor of his wifes Baron sole cognisor land for if he do at torne the wife suruyuing her husband may enter for forfaiture 27. E. 3. And a Clark which hath no lay fee is not compellable to attorne 38. A Clark E. 3. 28. Nor a tenant for life in reuersion or remainder 34. H. 6. b. Reuersion Nor tenant in frankmariage Lib. intr̄ Quid iuris clamat 11. Frankmariage Infant Ideot Nor an Infant 43. E. 3. 1. Nor a Lunatique madman or Ideot as it seemeth because of their disabilities But attournement made by such persons as are able but not compellable to attourne is good 12. E. 4. Natu. br fo 170. b. And an attornement may be with an exception if the tenant haue a With exception lease for life without impeachment of wast as he may atturne sauing his aduantage it shal be so entred 45. E. 3. 11. 24. E. 3. If the tenant haue couenāts to repaire c. 48. E. 3. 32. Or haue an Annuitie Couenants out of the land 48. E. 3. 32. Or couenant of warrantie or acquitaile Annuitie Warrantie Acquitall Graunt 41. E. 3. 48. Or to felle trees he may atturne sauing these aduantages If A. seised of lands in fee thereof infeoffe B. to thuse of the said A. for life and after to thuse of his executors assignes for xx yeres after Rem̄ in fee. his death And then to thuse of C. in fee Quere if A. shal be compelled to atturne in Quid iur̄ clamat supposing him tenant for life onely not mencioning y● terme without sauing of his terme by protestation Dye● fol. 309. pl. 77. 14. Eliz. No view lieth in Quid iur●s clamat 15. E. 4. 28. What plees will barre the plaintife of atturnement IF y● tenant plede that he is seised in fee the day of the note leuied without Sect ' 162. Seisin in fee. that that he was then seised for life without shewing how he is so seised 15. E. 4. 28 1. H. 7. 27. Or if the tenant for life plede that before the fine an estraunger was The conusor had nothing seised in fee and released vnto him in fee. Without that that the recognisor had any thing in the lands the day of the note leuied 3. H. 4. 3. If a perticuler tenant plede he holdeth not of the cognisor the day of Nonten●re the note leuied he must shew what estate he claimeth and from whom 3. E. 3. 6. Fitz. Quid iuris clamat 6. 14. E. 3. Fitz. Quid iur̄ 9. But if he claime fee he shal not shew howe 14. E. 3. 3. Fitz. Fines 7. Seisin in fee. but trauerse that he holdeth for life 1. H. 7. 27. Leassee for viii yeres vpon condition that if the lessor alien within the Sesi de tali ●atu qual c. terme he shall haue fee cannot alleage that and say that he claimeth estate according to the tenour of his deede but must pleade his estate certainly 2. E. 2. Fitz. Quid iuris clamat 38. If the tenant confesse for part and plede a plee which may forfait his For parcell estate therein he must attorne by and by 11. H. 4. 57. Contra 22. 3. 18. Fitz. Fines 33. Release of the cognisor before the cognisans to the heire or his auncestors Releas in fee is a good barre 44. E. 3. 34. If leassee pur ans claime pur vie faile de ceo il forfeit son terme

tenant nor at his appearance nor vntill the plaintife pray execution And then the coment cosin heire is to be entred thus in the Roll onely Et praedictus I. dicit quod ipse est consanguineus haeres I. W. videlicet filius haeres T. W. fratris haeredis eiusdem I. W. 33. H. 6. 54. 41. E. 3. 13. 24. 8. H. 4. 31. In Scire facias by him in the remainder vpon an estate tayle vers A. Bastardy B. supposing the donee to be dead without issue if A. B. plead that he is issue to the donee and the plaintife replieth that he is a bastard it is a good replication 40. E. 3. 16. Scire facias vpon a fine leuied to T. R. and W. and to the heires of Vpon estate executed the bodie of R. the remainder to the right heires of the said W. T. died and R. died without issue and W. suruiued and died his heires need no Scire facias to execute this fine because it is executed in his life by the vnion of the fee and franktenement in W. 40. E. 3. 20. And so if a fine be leuied to baron feme and to W. and his heires he dieth and then the baron and feme do die the fine is executed for one moitie in the life of W. Fitz h. Scire fac ' 19. 42. E. 3. 9. 24. E. 3. 57. Tenant for life in Scire facias had ayde of him in remainder 41. E. 3. Ayd● fol. 16. and 20. 22. E. 3. 12. In Formedon in Reuerter or Remainder the demandant must mēcion Death shewed the death of euery one which had estate and suruiued his auncester But not so in a Scire facias sur fine 42. E. 3. 19. If the plaintife haue seuerall estates created by one fine needeth but Seuerall estates one writ of Scire fac ' 43. E. 3. 11. though it be of seuerall things against seuerall tenants 11. H. 4. 15. 21. E. 3. 14. 24. B. 3. 25. If in a Scire facias the Shirife cetorne the partie summoned and he Default appeare not execution shall be awarded 43. E. 3. 13. ● If a fine sur cognizance de droit come ceo c. be leuied of a reuersion Reuersion by the name of the land it is not executory 43. E. 3. 15. If the seruices escheat after a fine leuied of the seigniory the Cognizee Seigniory shall haue execution of the land escheated 48. E. 3. 11. A Scire fac ' lieth sometimes of things not comprised in the writ as Of things ou● of the writ if in a fine sur releas the Cognizee render rent in taile 49. E. 3. 8. If land be giuen by fine for life the remainder to baron feme in Execution by entrie of him in remainder tayle the baron dieth then the tenant for life dieth and the feme entreth the fine is execute so as their issue needeth no Sci. fac ' 49. E. 3. 12. Scire facias lieth for the donor in taile against any that abateth after Of a Reuersion the death of the donee in taile by fine without issue 22. E. 3. 12. Vpon general Nontenure pleaded the plaintife may take executiō at Nontenure general or special his peril But special Nontenure seemeth a good plea 7. H. 6. 25. A man shall not haue execution vpon nihil retorned because the tenant Nihil retorned may be summoned in the land demaunded 24. E. 3. 25. If a fine be leuied to husband and wife in taile the remainder to his Demy sank right heires they hauing issue the husband dieth the wife hath issue by another husband and dieth thissue by the first husband entreth and dieth without issue and his next heire entreth as into the remainder in fee against whom the issue by the second husband bringeth a Scire fac ' and recouereth by reason that the fee could neuer execute in possession in thelder brother during the state tailly 24. E. 3. 30. 62. Feoffement with warranty from the plaintifes auncestor is a good Feoffement plea in Scire facias vpon a fine 22. H. 6. 39. The heire shall haue his age in Scire fac ' Contr̄ Westm̄ 2. cap. 45. 24. E. 3. 29. 60. What fines with proclamations barre not thissue in taile NO fine leuied by tenant in taile barreth his issue maintenant but Sect. 180. where the tenant in taile is cognizor as if tenant in tayle bring a writ of Couenant against an Estranger and recognize the land to be the right of the tenant in taile as that which he hath of his gifte c. and the tenant in taile graunt and render the land to the cognizor for yeares yeelding rent c. die this fine is void against thissue in taile M. 10. 11. Eliz. Dyer f. 279. p. 7. 36. H. 8. Br. fines 118. A fine with proclamation leuied by tenant in taile the reuercion or remainder being in the king bindeth not thissue in tayle as it seemeth Br. fines 121. But if such lands weare entailed by the king such fine barreth not thissue in tayle 32. H. 8. ca. 36. If an Estr̄ leuie a fine to tenant in taile sur cognizanee de droit come ceo que il ad de son done and he render to him a rent in fee and die after proclamation yet thissue in taile may auoid it for he is remitted and the rent is another thing then the land 15. Eliz. Plo. fol. 435. b. per Thornton If tenant in tayle of an aduowson graunt and rendre by fine the nomination of the Clerke it is void 15. Eliz. Pl. f. 435. b. ꝑ Thornton If tenant in taile of a rent disseise the tenant of the land and leuie a fine with proclamacion of the land thissue in taile is not barred for the rent because the fine was not leuied of the rent but of the land per Thornton and granted 15. Eliz. Plo. f. 435. b. If tenant in taile graunt a rent by fine his issue may auoid it 15. Eliz. Plow 436. 14. ass p. 4. What time after a fine leuied and proclamation made any man hath to enter or claime by action or otherwise who are therby barred forthwith and who not Hetherto of the formes and execucion of fines now let see how they may be auoided TO know what time ꝑsons that haue cause to enter or claime may Sect. 181. enter or claime after a fine leuied many things are to be weyed for some ꝑsons haue more time some lesse for the discussing of which question we must not onely consider the qualitie of the persons which should claime or enter but also the qualitie of their rights and estates And the parsons be either such as are void of impediments or such as haue impediments And the same be either parties or priuies to the fine or estrangers to the same And againe they haue either present right or future

right And vnto those which haue future right such haue the same either wholly after the fine or partly before and partly after And some of them haue but one title and some diuerse And others haue 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 leuying of Parties the same and their heires are thereby barred presently haue no time at all to auoid the same by entree or claime 1. R. 3. ca. 7. 4. H. 7. c. 24. whether they be persons hauing naturall capacities or ciuill If they be such ciuill bodies or corporations as haue in themselues absolute estate and authoritie of their possessions so as they may maintaine a writ of Right thereof as Maior and Comminaltie Deane and Chapter Colledges societies corporate such like their successors are barred by fines presently Plow 338. a. T. 20. Eliz. But Deanes Bishops Priors Abbots Masters of Hospitals Parsons Uicars Prebendaries Chauntrie Priestes and such like which may not haue a writ of Right but either a Iuris vtrum Fitzh Nat. fol. 48. r. or sine assensu capituli Fitz. Nat. fol. 118. i. are not barred by such fines if the patron and ordinarie ioine not with them Plow 538. a 20. Eliz. 375. b. 11. Eliz. How priuies in bloud are bound in fines ANd by the same statuts 1. R. 3. c. 7. 4. H. 7. c. 24. Priuies in bloud Sect. 182. Priuies as heires of the cognizours claiming by the same title that their ancester had that leuied the fine be barred presently thereby whether they be void of impedimēts or no. As if lands of Socage tenure be giuen to baron feme in special taile the remainder to the right heirs of the baron in fee the baron sole leuieth a fine with proclamatiō to his owne vse in fee after deuiseth the same lands to A. in fee hath issue then the baron feme die thissue in taile is barred because he can not otherwise conuey himselfe to the title and discent in taile then as heire of the bodie doth of his father and mother Tr. 18. Eliz. Dyerf 251. p. 24. 9. H. 8. Dier f. 3. p. 6. 32. H. 8. Br. Fines 109. So if husband wife tenants in speciall taile haue issue the wife Priuies die the husbād marrie an other wife haue issue leuie a fine sur cognizance de droit come ceo c. and by the same fine take estate in special taile the remainder ouer c. die thissue by the first wife is barred because he is priuie in bloud the cōtinuance of the possession in the husband notwithstanding 32. E. 3. Dyer pla 16. Eliz. f. 334. p. 31. 32. But if my fathers brother disseise him and leuie a fine with proclamation my father and my vncle within fiue yeares after proclamatiō die yet may I auoid it by entre at any time before th end of the said fiue yeares not withstanding that I am priuie in bloud vnto mine vncle for that my title to the land groweth by my father and not as heire vnto mine vncle P. 19. H. 8. Dyer fol. 3. p. 2. Neuerthelesse if my father disseise my graund father of an estate in Priuies fee and thereof leuie a fine with proclamation first my graundfather and then my father die I am now barred as priuie because I cannot otherwise conuey my selfe to the lands then as their vnto my father the Cognizor P. 19. H. 8. Dyer fol. 3. p. 3. Of Estraungers hauing present right and no impediment BUt Estraungers to fines which be all persons not parties nor priuies Sect. 183. and being void of impediments naturall legall hauing present right to the lands in the fine haue onely fiue yeares after proclamations to enter claime their right 1. R. 3. ca. 7. 4. H. 7. ca. 24. As if one haue a Remainder or a Reuersion depending vpon an Tenant in remainder or reuersion vpon estate for yeares or at will estate for yeares or by statute Staple statute Marchant or Elegit and the termor be disseised and a fine leuied c. and fiue yeares passed they be all barred thereby for that these Termors might presently haue entred he in the Reuersiō or Remainder for such disseisin might haue had an Assise So that Statute 4. H. 7. ca. 24. seemeth to barre the termors through negligence by this woord interest which comprehendeth a terme Plow fol. 374. a. And if a tenant in taile be disseised and a fine leuied with proclamation and fiue yeares past and the tenant in taile dieth thissue in tayle is bound for euer per Dyer and Catlyn for the right was present to the tenant in taile at the time of the fine leuied and he can not claime but by the same title which his father had which was barred in his life time Plow fol. 374. a. Dyer fol. 3. p. 6. 19. H. 8. 7. The like it is of the laches of him in the remainder or reuersion for it barreth him and his heires Plow fol 374. a. Dyer fo 3. p. 6. Of Estrangers hauing present Right and impediments BUt estraungers to fines pestered with impediments of Infancy Sect. 184. couerture madnes ideocy lunacy imprisonment or absence out of the Realme at the leuying of fines and hauing then present right or interest haue yet libertie fiue yeares after such infirmitie remoued to make entrie or claime c. 1. R. 3. ca. 7. 4. H. 7. ca. 24. And therfore an Infant hath fiue yeares after he accomplish his full Infants age though he be in his mothers wōbe Plow 367. a. because the law intendeth that Infants by reason of their tender yeres do want vnderstanding to know their right whether their entries be lawfull or no And how to make their entries and claime or bring their actions according to their title Plow fol. 359. b. 4. H. 7. ca. 24. Yet if my fathers brother disseise him and leauie a fine with proclamation and a yeare after the proclamation my father dieth And after and within fiue yeares my vutle dieth I by reason of mine Infancy haue onely so much time to auoid the same as at the death of my father remained to come of the fiue yeares next after the proclamation not new fiue yeares because I claime by the same title that my father had in whom the first fiue yeares were attached and begun Dyer fol. 3. p. 2. In like maner and for the same reason if the father or other auncester be disseised and the disseisor leuie a fine with proclamation and within fiue yeares after the proclamation the auncester dieth his heire being within age yet if he make not his entrie or claime within the first fiue yeares after the proclamation he is barred Plow fol. 367. b. 377. a. As it is there adiudged Mad men and lunatiques estrangers

and place appointed where this defendant was present with his commissioners and witnesses and one of the said complainants commissioners was in the towne where the place was appointed the same day and time readie to haue executed the said commission if the said complainant would haue spoken to him therefore as this defendant was credibly informed and the said complainant was there present at the same time and place and did or might haue spoken with him that was named commissioner for him who had a dwelling house in the same towne being the towne of M. in the same Countie and then and there the deponents vpon this defendantes behalfe were sworne and examined by and before these defendants then commissioners and some of them sworne in the presence of the said complainant And thereupon the depositions and examinations of the witnesses so sworne were by these defendants then commissioners caused to be ingrossed in parchment and certified into this honorable court and afterwards published and after publication this defendant staied without doing any thing therein by the space of two termes or thereabouts during which time the said complainant did or said nothing at all in the said court touching the said suit that this defendant euer heard of And then this def caused the said depositions to be exemplefied vnder the great seale of Eng. to his great charges which he hath readie to shew to this H. Court And the said complainant being not contented with these causels vexations of this defendant Anone after that this complainant had obtained the said commission the said cōplainant for this defendants further vexation commenced suit against this defendant in the ecclesiasticall court of the Archb. of Yorke within whose dioces the same lands and tenements in N. in the bill mentioned be where the said father of this complainant and defendant died vpon surmised matters touching the supposed will mentioned in the said bill whereupon this defendant to his great charges appeared answered as behoued for the time by himselfe his procter as is there vsual whith suit the said complainant relinquished also as this defendant thinketh for he hath heard nothing therof these xii moneths and more And now the said complainant meaning nothing else but this defendants trouble molestation hath renued the said suit in this H. Court againe which before he had in the same court by the said first bill conteining the same matters in effect almost word for word as in the same bill is mentioned whereunto this defendant hath alreadie answered as appeareth by the same answere remaining of record here in this court and the same proceeded vpon both as afore is said wherefore this defendant for the causes aforesaid and for the said double vexation in this honorable court by two bils conteining in effect but one matter in substance demurreth in law and praieth that he this defendant may be dismissed out of this honorable court with his reasonable costes and charges in this suit wrongfully sustained A Bill for not surrendring a lease made by the Plaintife to the defendant in trust to trie a title and for occupying and wasting the tenth dem●sed and for deteining of writings of copyhold lands contrarie to their agreement HVmbly complaining sheweth vnto your H. Lordship your daily Sect ' 77. Orator I. K. of W. in the Countie of Y. yeoman that whereas about 40. yeeres now last past one W. M. yeoman was lawfully seased in his demesne as of fee of in one mesuage with thappurtenances in E. in the County of M. and of in diuers lands tenements meadowes pastures hereditaments therunto belonging being freehold land in E aforesaid H. in the said con●ty of N. and he being there of such estate so seazed about the first yeere of the raigne of the Q. Maiesty that now is by his last will and testament in writing made written in the life time of the said W. M. did giue bequeath the same to one E. then his wife now wife vnto your said Orator for the time of her natural life the remainder thereof after her decease to one R. M. as by the said will appeareth and afterward the said W. M. died of such his estate thereof so as is foresaid seised by force of which wil and deuice the said E. by and after his death entred into the said mesuage or tenements was thereof lawfully seased in her demesne as of freehold for the terme of her life the remainder thereof after her decease to the said R. M. in forme aforesaid belonging also whereas the said W. M. was in his li●● also seased of or in certain copihold or customary lands lying being within the manor of S. in the said county of N. and holden of the said manor by copy of the court rolles of the same manor in his demesne as of fee according to the custome of the saidmanor and he being thereof so seazed died therof so seazed by after whose death the said E. his wife was endoments of the third part of the said copihold or customary lands and tenements and according to the custome of the said manor admitted therof tenant by the Steward of the Court of the said manor accordingly by force wherof she likewise entred into the third part of the said customary tenements and premisses and was therof likewise seazed in her demesne as of freehold as tenant in dower therof for the terme of her life naturall according to the said oustome and quietly and peacably occupied and enioyed the same vntil about ten yeares now last past Now that your said Orator through importunancy and earnest perswasions of some friends of the said I. T. and A. L. was contented in some maner to yeeld vnto their suit and therupon for the furtherance and triall of the title and interest of the said I. T. about the fourteenth day of I. in the 26. yeare of the Queens Maiesties raign that now is without any fine income or other cōsideration to him paid but giuing credit vnto the speaches of the said I. T. and A. L. that they would seeke nothing at the hands of him your said Orator but onely vse the benefit of his present estate for the resisting of certaine vnlawfull suits attempts which were then offered as they then affirmed by the said R. and others did by this your said Orators Indenture of lease bearing date about the said time demise graunt and to farme let to the said I. T. and A. L. all the said freehold lands tenements and hereditaments with the appurtenances in E. and H. aforesaid to haue and to hold the said tenements and premisses with the appurtenances to the said I. T. and A. L. their executors and assignes from the feast of S. M. the Bishop in winter last past before the date of the said Indenture vnto the full end and terme of 21. yeeres thence next following and fully to be complete and ended if the

of them do make and knowledge and suffer cause and procure to be done made and knowledged all and euerie such further lawfull and reasonable act and actes thing and things deuise and deuises in the law whatsoeuer for the further and more better assurance suretie and sure making and conueying of the said Manor of B. and the mesuages lands tenements and premisses with thappurtenances in the said Indenture mencioned to be bargained and sold except before therein excepted vnto the said late Earle his heires and assignes to the onely vse and behoofe of the said Earle his heires and assignes for euer according to the true intent and meaning of the said Indenture were it by fine feoffement recouerie deed or deeds inrolled the inrolement of the said Indentures release confirmation with ioynt or senerall warranty of the said R. E. T. E. and G. E. their and euerie of their heires against them the said R. E. T. E. G. E. their and euery of their heires and assignes euerie of thē against all and euerie other person and persons whatsoeuer claiming in by frō or vnder them or any of thē or otherwise with like warranty or without warranty as by the said Earle his heires or assignes or his or their counsell learned in the lawes should be deuised aduised and required so as none of the said actes or things concerning the said further assurance should stretch or extend to any other or further warranty or warranties o● the premisses or any part thereof then as is before expressed or to that effect and meaning as in the same Indenture of bargaine and sale appeareth But now so it is if it may please your honorable Lordship that at the time of the making of the said Indenture of bargaine and sale vnto the said late Earle the said T. E. and G. E. were within and vnder the age of one and twentie years And shortly after the making of the said Indenture and before the same was either knowledged or inrolled or any estate executed thereupon by Atturnement Liuerie of seisin or otherwise that is to say vpon or about the seuenteenth day of Nouember next ensuing the making of the said Indenture the said G. late Earle of S. died by and after whose death the right to haue and inherite the said Manors lands tenements and premisses with the appurtenances discended and came as of right the same ought to discend and come vnto this complainant as his eldest sonne next heire shortly after whose death the administration of all the goods and chattels of the said G. late Earle of S. was by the right Reuerend father in God I. by the prouidence of God Archbishop of Canterbury Primate Metropolitaine of all England committed to this complainant now Earle of S. who administred the said goods chattels accordingly And further so it is if it may please your good Lordship that the part or counterpaine of the said Indenture of bargaine and sale belonging to the said late Earle is since the death of the said late Earle by casuall meanes comen to the handes custodie and possession of the said R. E. T. E. and G. E. or of some of them or of some other person by their priuity and consent the full contents whereof are vtterly vnknowen to this complainant by colour whereof and for that the said T. E. and G. E. were so as is aforesaid within age at the making of the said Indenture they the said R. E. T. E. and G. E. hauing a great desire to haue the said manors lands tenements and bargained premisses and thereof to disinherite and defeat this complainant contrary to the true intent and meaning of the said Indenture Notwithstanding that this complainant hath yearely sithence the making of the said Indenture well truely satisfied and paid vnto the said R. E. the said Annuity or yearly rent charge of 100. pounds by the yeare in the said Indenture mentioned according to the tenor forme and effect of the same Indenture as this complainant verely thinketh And notwithstanding that this complainant hath sundrie times aswell by himselfe as by diuers others of his seruantes and friends in his behalfe sent and come vnto the said R. E. T. E. and G. E. gently requiring them and euery of them to redeliuer vnto your said Orator the said part or Counterpaine of the said Indenture of bargaine and sale of the premisses And also to make vnto him this complainant and his heires further conueyance and assurance of the said manor tenements and premisses by fine to be leuied before the Iustices of the common Plees at Westminster and for that purpose in the terme of Saint Hillarie which was in the foure and thirtieth yeare of the Queenes Maiesties Raigne that now is at Westminster in the Countie of Middlesex this complainant required the said R. and T. according to the tenour true intent and meaning of the said Indenture of bargaine and sale thereof to come before Sir E. A. knight then and yet chiefe Iustice of her Maiesties Court of common Plees at Westminster to make cognisance before the same E. A. Knight of the said manor tenements and premisses with thappurtenances in forme of Lawe that a fine thereupon might haue beene leuied to the vse of this complainant and his heires for euer yet that to doe they and euery of them haue euer hitherto refused and denied and yet doe denie and refuse to doe the same contrarie to the forme and true meaning of the couenants and agreements in the said Indenture of bargaine and saile thereof conteyned and against all right equity and good conscience and to the manifest defeating and disinheriting of him this complainant of and in the said manor landes tenenements and premisses and contrary to the true intent and meaning of the same Indenture of bargaine and sale thereof except speedie remedie be in due time prouided to preuent the same Wherefore the premisses considered and for so much as the said complainant not knowing the certaine deate and contents and other certainties of the said part or Counterpaine of the said Indenture of bargaine and sale nor wherein the same is contained whether in bagge boxe or chest locked sealed or otherwise and so hath none ordinary remedy by the due course of the common lawes of this Realme for the recouery thereof And without the same Indenture hath no direct action by the common lawes of this Realme to compell the said R. E. T. E. and G. E. or any of them to assure vnto him this complainant the said manor lands tenements and premisses according to the said bargaine thereof for lacke of the said Indenture both partes thereof being come to the hands of the said defendants Neither if this complainant had the said part or Counterpaine of the said Indenture as he hath not yet had he not thereby any meanes by the common lawes of this Realme to compell the said T. E. and G. E. or either of them to performe

at a certaine day and vnder a certaine paine therein to be limited to appeare before your Lordship in her Maiesties high court of Chancery then and there to answere to the premisses and to abide such order and direction therein as to your Lordship shal seeme to stand with right equitie and good conscience and your said Orator shall daily pray to Almightie God for your honour in good health long to continue c. A Bill by the husband and wife as Gardeins to her childe for euidences IN most humble wise complaining sheweth vnto your good Lordship Sect. 118. your poore and daily Orator I. W. of B. in the Countie of D. yeoman and I. his wife late the wife of I. S. the elder of B. aforesaid yeoman now deceased That where the said I. S. in his life time was lawfully seised in his demesne as of fee of and in one messuage or tenement commonly called H. of and in certaine lands meadow and pasture and other hereditaments with thappurtenances to the said tenement belonging and with the same vsually occupied scituate lying and being in B. aforesaid And he the said I. S. being of the premisses so seised did in his life time conuey and assure the same vnto certaine persons and their heires to the vse of the said I. and of the said I. then his wife and of the longer liuer of them without impeachment of waste And after their diseases to the vse of the heires of their two bodies lawfully begotten with diuers remainders ouer by force whereof the said I. S. and the said I. then his wife were thereof seised accordingly And so seised the said I. S. about three yeares now last past died seised of such estate as aforesaid hauing issue betweene him and the said I. one I. S. an infant of the age of two yeares or therabouts After whose death the said I held her selfe in the said messuages and lands and was thereof seised accordingly And so seised tooke to husband the said I. W. the other of your said Orators by force of which entermariage the said I. W. and the said I. were lawfully seised of the premisses as in the right of the said I. And your said Orators haue also the custody of the said I. S. the infant rightly belonging to the said I. his mother as gardeine in Socage Now so it is if it may please your good Lordshippe that certaine deedes euidences and writings touching and concerning the premisses and of right belonging to your said Orators and the said infant or to the one of them are casually come to to the hands and possessions of T. C. of B. aforesaid and I. S. of H. being kinsman vnto the said I. S. of B. the elder deceased who by colour of hauing the said deeds euidences and writings haue wrongfully entred into the premisses with thappurtenances and thereupon haue contriued certain secret estates vnto diuers persons vnknowen to your said Orators and by colour thereof they the said T. C. and I. S. of H. or the one of them of late time hath wrongfully entred into the premisses and hath receiued and taken the issues and profits of the premisses or some part thereof from your said Orators and although your said Orators haue diuers and sundrie times gently requested the saide T. C. and I. S. of H. to permit and suffer your said Orators quietly to haue and enioy the same premisses and to deliuer vnto your said Orators the said deeds euidences and writings touching and concerning the premisses and which of right doe belong and appertaine vnto your said Orators and to the said I. S. the infant yet they the same to doe haue hitherto refused and yet doe refuse contrarie to all right equity and good conscience which is likely to turne not only to the losse and hinderance of your said Orators But also to the preiudice and disinheritance of the said infant if speedie redresse herein be not had by your good Lordship in consideration whereof and forasmuch as your said Orators doe not know the certaintie nor certaine number of the said deedes euidences writings nor whether the same be contained in bagge or boxe sealed or in chest locked and so your said Orators and the said infant are without any ordinary remedie for the recouerie of the same by the common lawes of this Realme And for that your said Orators do hope that the same C. and S. will vpon their Oathes in this honorable Court confesse the certainty and truety therein where the said euidences are to be had or to whom they haue deliuered the same May it therefore please your good Lordship the premisses considered to grant vnto your said Orators the Queenes Maiesties c. The Answere of the same THe said defendants say and euery of them seuerally saith that the Sect. 119. said bill of complaint is verie vncertaine vntrue and insufficient in the law to be answered vnto for diuers manifest defaults and imperfections therein contained and framed and exhibited into this honorable Court as these defendants verely thinke of malice and euill will to the intent to put these defendants to great trauaile charges and expences to make their personall appearance in this honorable Court the said defendants dwelling in B. aforesaid in the saide countie of D. which is sixscore miles distant from the Citie of Westminster and without any iust cause so to doe and these defendants further say that if the surmised matters contained in the said bil of complaint were true as in very trueth they are not yet were the same determinable and to be determined by the common lawes of this Realme and not in this honorable Court whereunto these defendants pray to be dismissed with their reasonable costes charges and damages in this behalfe wrongfully and without iust cause sustained yet neuerthelesse if these defendants shall be compelled by the order of this Court to make any further or other answere vnto the said vncertaine and insufficient bill of complaint then the aduantage of exception to the incertaintie and insufficiencie thereof to these defendants and either of them at all times here after saued for further answere thereunto and for a full and plaine declaration of the trueth say that they thinke it is true that the said I. S. was in his life time lawfully seised in his demesne as of fee of and in the said messuage or teuements commonly called the H. and of and in certaine lands meadow and pasture and other hereditaments with the appurtenances to the said tenements belonging and with the same vsually occupied scituate lying and being in B. aforesaid as in the said bil of complaint is alleaged but the said defendāts further say that the said tenements in the said bill of complaint contained as they verely beleeue are holden of the right honorable G. Earle of S. of his manor of C. in the said Countie of D. by knightes seruice and by the yearely rents of two shillings And that he

being thereof so seised and the said Earle being also seised in fee of the said manor as these defendants thinke died thereof so seised by and after whose death the said tenements and premisses in the said bill mentioned descended and came to the said I. S. the sonne as sonne and heire of the said I. S. deceased who is yet within the age of one and twentie yeares by meanes wherof the said Earle after the death of the said I. S. the father as garden of the said I. S. infant during his minority by reason of the tenute aforesaid seised the bodie of the said I. S. the infant without that that to the said defendants knowledge the said I. S. the father being of the premisses seised in fee did in his life time conuey and assure the same premisses vnto certaine persons and their heires to the vse of the said I. S. of the said I. then his wife of the longer liuer of either of them without impeachment of wast and after their decease to the vse of the heires of their two bodies lawfully begotten with diuers remainders ouer as in the said bill of complaint is vntruely alleaged or that to these defendants knowledge by force thereof the said I. S. and the said I. S. then his wife being thereof so seised died thereof so seised or that to these defendants knowledge after his death the said I. held her selfe in the said messuages landes and premisses and was thereof so seised accordingly by force of any such conueiance or that she being thereof so seised tooke to husband the said I. W. or that by force of the saide entermariage the saide I. W. and the saide I. to the knowledge of these defendants were so lawfully seised of the said premisses in the right of the said I. as in the said bill is alleaged And without that that to these defendants knowledge the said I. W. and I. haue the custodie of the said I. S. the infant rightfully belonging to the said I. as Gardein in Socage as in the said bill is likewise alleaged And without that that any deeds euidences and writings touching and concerning the premisses and of right belonging to the said infant or to one of them are casually come to the hands custody and possession of the said defendants other then such deedes euidences and writings as the said I. did deliuer vnto the said T. S. the one of these defendants which he the said T. about one yeare now last past or more vpon the receipt of the Queenes Maiesties writ of Subpena deliuered to I. L. late of H. Haull in the County of D. Gentleman to the vse of the said infant which as he remembreth was done by appointment or agreement of the said I. And then an other old deede or writing without date conteyning these words following or the very like in effect and meaning viz. Sciant praesentes futur̄ quod ego Io. filius Tho. de B. dedi concess hac praesenti charta mea confirmaui Duranto de Toxdwood pro homag ' seruitio suo pro quadam pecuniae summa mihi prae manibus soluta totam terram meam quae vocatur le Haule cliffe in territorijs de B. cum boscis pratis pascuis pasturis omnibus suis pertin̄ sine aliquo retento quae iacet integre in latitud ' int̄ viam quae ducit versus B. terram quam L. de L. quondam tenuit extendit se in longitudin̄ de meta de B. vsque ad terram Abbat̄ de R. terram quae fuit A. F. terram R. de le Scagh vna cum tota illa terra cum domibus edificijs in ea sitis cum omnibus suis pertin̄ quam R. de T. quondam tenuit quae iacet integre inter terra c. And without that any other matters c. A Bill to be discharged of a Recognisance for the sauing of landes solde harmelesse for that a lease made thereof by which he seemeth to be dampnified was either made in trust or by surrender before the said bargaine with an answere replication and reioinder to the same bill COmplaining sheweth vnto your honorable Lordship Geor. Earle Sect. 120. of Shrowsbury that whereas Sir W. S. knight Lord M. deceaced in his life time about nine yeares now past was lawfully seised of an estate of inheritance amongst other lands and tenements of the third part of the scite mansion house of the late dissolued Abbey Monastery or Priory of B. in the county of L. and of all and singuler messuages houses edifices buildings orchards gardens fishings ponds lands tenements meadowes pastures commons hereditaments with the appurtenances to the said scite belonging then late in the occupation of F. S. afterwards in thoccupation of one M. and the said Lord M. being thereof so seised about the xvi day of December in the vii yeare of the Raigne of our Soueraigne Lady the Queenes Maiesty that now is of speciall and secret trust confidence by him the said Lord M. reposed in one W. S. of M. in the county of S. gentleman M. his wife or of one of them did make an Indenture bearing date the xvi day of September in the said vii yeare of a demise of the said third part of the said scite lands tenements and hereditaments with the appurtenances to the said W. S. and M. his wife to haue to hold the same vnto the said W. S. and M. from the decease of K. T. of S. for and during the terme of xxi yeares then next ensuing as by the said Indenture appeareth And deliuered the said Indenture to be deliuered as his deed when the said W. S. had performed certaine conditions agreements betweene them made vpon which Indentures made by them it was neuer intended nor agreed that the said W. S. and M. his wife or their executors or assignes or any of them should take any benefit to them but that the same lease should be surrendred and at all times disposed at the pleasure of the said Lord M. by force whereof the said W. S. and M. were possessed of the interest of the said terme accordingly and being thereof so possessed And the said L. M. being seised of the said R. of the third part of these tenements premisses of an estate of inheritance afterwards that is to say the xviii day of May in the xii yeare of the Raigne of our said Soueraigne Lady the said Lord. M. by Indenture bearing date the said day and yeare did bargaine and sell the said third part of the said premisses among other things to one I. C. of C. in the county of S. Esquire and F. S. of S. in the said County Gentleman and their heires for euer by which last recited Indenture the said Lord M. for him and his heires did couenant and grant to and with the said I. C. and F. S. and either of them that aswell the said I. C. and