because such Fines execute the estate in the Cognisee forthwith But upon Fines executorie as Fines sur cognisance de droit only or sur grant rents may be reserved for upon those estates are executorie 5 E. 3. 50 39. It is requisite that either the Cognisor or the Cognisee be seised of the lands contained in the Fine at the very time of the levying thereof for if they be not the Fine is void 27 H. 8. f. 4. 22 H. 6. f. 47. 5. E. 3. Neverthelesse a Fine between the Vouchee and the Demandant is good by reason of the privitie which is between them for that he is as it were Tenant in Law 5. H. 7. f 41 8 H. 45. What persons may be Cognisees in Fines ALL lawfull subjects may take benefit by Fine whether they be of full age or within age or Femes Coverts or Ideots or men of non sane memorie imprisoned within or without the Realm or bodies Civil And if a Feme covert be Cognisee shee needeth not to be examined as appeareth before yet before a Fine be ingrossed for a Corporation a Writ ought to be directed to the Justices of the Common place quod permittant finem illum lavari Dyer f. 188. p. 9. and the like writ hath been used when Fines have been levied of lands holden in Capite Fitz. N. B. f. 147. A particular Tenant as Tenant in Dower by the Curtesie or for life cannot by Fine grant and surrender his estate to the owner of the reversion or remainder but he may by Fine grant and release the same 17 E. 3. f. 661. 14 E. 3. 20 E. 3. 24. E. 3. f. 26. Of what things Fines may be levied and of what not FInes may not be levyed of uncertain things and therefore they may not be of a Tenement 3 E. 4. f 19. 11 H. 7. f. 25. but of certain things they may be levyed as of a Messuage Toft Dovehouse Garden Land Meadow Pasture Wood Underwood Heath Moor Reeds Marish Willowes rent per Register f. 2. a of the Rectory of the Parish Church of M. and of the tithes of grain herbage and Hay to the same Rectory belonging c. or with all tithes of Corn Herbage and Hay to the same Rectory belonging Thel lib. 8. cap. 9. Sect. 2. de Rectoria 2 E. 3. of a furlong of land 4 H. 6. 14. of a passage of the water of T. of pasture for certain Oxen Sheep and other beasts and of a Common for all Cattle or for all manner of beasts or of free fishing free warren or of the advowson of the Church of D. or of any special service as of service of one Knights Fee one pair of gilded spurs or of service to find a man horseman or footman to go or to ride in the Army to Wales or Scotland c. of a Fishing 13 E. 3. of an office 27 H. 8. f. 12 of the profits of an office 12 E. 3. of an Advowson Register f. 165. of a Corody 18 H. 6. f. 20. of Chiminage 2 E. 3. f. 46. of the profits of a mill 18 E. 3. f 56. of a free rent in the Writ and in the Record That the aforesaid A hath recognised the aforesaid rent with the appurtenances together with the homage and the fealty to B. and his heirs of all the tenements which c. 1 E. 3. f. 1. and 5. of a frankfold 1 E. 3. f. 1. of a Fair and a Market 1 E. 3. f. 4. of a Franchise 1 E. 3. f. 4. of a Mine of lead and all kind of metal with the appurtenances c. Register f. 165. of the tith of the Herbage unto the Church of N. belonging Regist f. 165. of the advowson of the third part of the Church c. or of the third part of the advowson of the Church or of the moyety of the advowson of a Church 33. H. 6. f. 11. And generally in every case where a precipe quod reddat lieth and of diverse other things Fines may be levied for which consult the Reg. No Fine ought to be levied of lands in ancient demeasne and if any be levied it may be reversed by a Writ of disceit brought by the Lord of the ancient demeasne 21 E. 3. f. 20. and 17 E. 3. 7 H. 4. f. 28. and 44. 8 H. 4. f. 23. which will restore the Lord to his seignory But such Fine remaineth good between the parties to the same 8 H. 4. f. 24. By what names things may passe in Fines AN Honour may passe by the name of a Mannor or by his proper name as de honore de Tickhill or de Manerio de T. It sufficeth to demand a Mannor by his proper name without naming of the Town wherein it lyeth for it may be out of any Town or extend into several Towns and Countries as de Manerio de D. cum pertin yet it seemeth best to expresse all the several Towns into which it extendeth as de Manerio de S. cum pertinentiis in B. C. and D. 19 E. 4. f. 9. 43 E. 4. f. 9. a. Bracton lib. 4. cap. 31. S. 3. 9 E. 4. f. 61. 16 a. 17 b. 11 H. 7. f. 49. 9 E. 4. f. 3. a. 11 H. 7. f. 22. 6. A Castle or a hundred may be parcel of a Mannor and passe by the name of the Mannor whereof they be parcel 26 Ass 54. And some one Mannor may be parcel of another 2 E. 3. f. 56. And a Castle may be demanded by his proper name as de Castello de B. cum pertinentiis 1 E. 3. f. 4. An hundred may be demanded by it self as de Hundredo de S. 27 H. 6. f. 2. Messuagium is a dwelling house by the name of a Messuage may passe a Curtilage a Garden or Orchard a Dovehouse a Shop a Mill as parcel of an house Eract lib. 5. cap. 28. sect 1. Plo. f. 169 170 171. The like of a Cottage a Toft a Chamber a Cellar c. yet may they be demanded by their single names A Chapel or an Hospital must be demanded by the name of a Messuage 13. Ass 2. A Toft is a place wherein a Messuage hath stood A Curtilage is a Garden or a yard near or belonging to a Messuage Plow Molendinum a Mill is good without adding ventriticum or aquaticum or granaticum viz. a Wind-Mill or a Water-Mill or a Corn-Mill albeit the latter be more usual 44 E. 3. f. 13. Land is to be demanded by the certain measure of the superficial quantity thereof as Hidra Carucata Bovata Virgata Acra c. roda c. terrae In like manner boscus suboscus bruera mora juncaria mariscus aluetum ruscaria may be demanded by the number of acres thereof 16 Ass 9. Turbarie may be demanded by the name of Morae Rent by the number and multitude of the things that are to be rendred as 10 l. or six pence or a half penny rent c. Housebote Haybote and
rent with the appurtenances in C. N. and B. And unlesse c. And the Concord is such to wit that the aforesaid T. C. W. R. T. P. and L. have recognised the Mannors Tenements and rents aforesaid with the appurtenances to be the right of him the said I. And those they have remised and quit claimed from themselves and their heirs to the aforesaid J. and the heirs of him the said J. for ever And for this c. the same I. and E. have granted to the aforesaid T. C. W. R. T. P. and L. the aforesaid Mannors Tenements and Rent with the appurtenances and those to them they rendred in the same Court. To have to hold to the same T. C. W. R. T. P. and L. all the life time of her the said E. And the aforesaid I. and his heirs will warrant to the aforesaid T. C. VV. R. T. P. and L. the aforesaid Mannors Tenements and Rent with the appurtenances as it is said against all men during the life of her the aforesaid E. c. A Concord of divers Tenements Rents of a Rectory and Advowson c. THis is the final Concord made in the Court of the Lord Protector at W. from the day of Easter in 15 days in the year c. before E. A. T. M. F. W. W. P. Justices and other faithfull men then there present between I. B. Gent. and R. Gent. Plaintiffs and R. C. the elder Gent. and R. C. of Grays Inn in the County of Middlesex Gent. Deforcients of 100 Messuages 100 Cottages 2000 acres of Land 1000 acres of Meadow 2000 acres of Pasture 100 acres of Wood 1000 acres of Furrs and Heath and 100 shillings rent with the appurtenances in c also of the Rectory of K. with the appurtenances and of the Advowson of the Church of K. whereof Plea of Covenant was summoned between them in the same Court to wit that the aforesaid R. and R. have recognised the aforesaid Tenements Rent and Rectory with the appurtenances and the Advowson aforesaid to be the right of him the said J. as those which the same J. and R. have by the gift of the aforesaid R and R. And those they have remised and quit claimed from them the said R. and R. and their heirs to the aforesaid I. and R. and the heirs of him the said J. for ever And furthermore the said R. and R. have granted for themselves and the heirs of him the said R. C. the elder that they will warrant to the aforesaid J. and R. and the heirs of him the said J. The aforesaid Tenements Rent and Rectory with the appurtenances and the Advowson aforesaid against the aforesaid R. and R. and the heirs of him the said R. C. the elder for ever And for this Recognisance remise quite claim Warranty Fine and Concord the said J. and R. have given to the aforesaid R. and R. two thousand pounds sterling A Fine of the fourth part of two Messuages the one by a Coparcenor of his part c. to two strangers THis is the finall Concord made in the Court c. between G. I. and W. W. Plantiffs and I. C. and I. his wife Deforcients of the fourth part of 2 Messuages 4 Tofts 2 Gardens 2 Orchards 200 hundred acres of Land 20 acres of Meadow 40 acres of Pasture 12 acres of Wood and 100 acres of Moor with the appurtenances in G. and L. in four parts divided whereof plea of Covenant was summoned between them in the same Court to wit that the aforesaid T. and I. have regcognised the aforesaid fourth part with the appurtenances to be the right of him the said G. as that which the said G. and W. have by the gift of the aforesaid I. and I. And that they have remised and quit claimed from them the said I. and I. and the Heirs of the said I. to the aforesaid G. and W. and the Heirs of him the said G. for ever And furthermore the said Jo. and Ja. have granted for themselves and the heirs of her the said Ja. that they will warrant to the aforesaid G. and W. and the Heirs of him the said G. the aforesaid fourth part with the appurtenances And that to them they have rendred in the same Court. To have and to hold to the same I. and I. of the chief Lords of that Fee by the services which unto the aforesaid fourth part do belong during the lives of them the said I. and I. the life of the longer liver of either of them without impeachment of any wast And after the decease of them the said I. and I. the aforesaid fourth part with the appurtenances shall wholly remain to B. C. Son of the aforesaid I. and I. and the heirs of the body of the said B. lawfully begotten To hold of the chief Lords of that Fee c. for ever And if it happen that the said B. shall die without heir of his body lawfully begotten then after the decease of him the said B. the aforesaid fourth part with the appurtenances shall wholly remain to P. C. another Son of the said I. I. the heirs of his body c. to hold of the chief c. for ever And if it happen that the said P. shall die c. then after the decease of him the said P. the aforesaid fourth part shall wholly remain to R. C. another Son of the aforesaid I. and I. and the heirs of his body c. To hold of the chief c. for ever And if it happen that the said R. shall die c. then after the decease of the said R. the aforesaid 4th part with the appurtenances shall wholly remain to the right heirs of the aforesaid J. To hold of the chief Lords of that Fee by the services which unto the aforesaid fourth part do belong for ever A Fine of lands part in possession and part in reversion of a third part for term of the life of the Tennant in Dower and for Term of the life of another Tenant for Term of life York ss COmmand J. W. and A. his Wife that justly c. they hold to I. L. and E. E. Covenant of one Messuage c. also of the third part in three parts to be divided of 4 Messuages with the appurtenances c. And the Concord is such to wit that the aforesaid I and A. have recognised the Tenements aforesaid and the third part aforesaid with the appurtenances to be the right of him the said J. of which the said J. E. and E. E. have one Messuage with the appurtenances in the aforesaid Towns of T. and B parcel of the Tenements aforesaid and the aforesaid third part of four Messuages c. with the appurtenances in T. and B. parcel of the Tenements aforesaid by the gift of the aforesaid I. and A. And that they have remised and quit claimed from them the said I. and A. and their heirs to the aforesaid J. E. and E. E.
the lessor die during the Term the leasee shall have have fee. 6 R. 2. Fitz. Quid Juris clamat 20. Against T. in common If a Quid Juris clamat be against two as Tenants in the Common he which appeareth must atturn if he plead not that they are joynt-tenants 16. E. 3. Fitz. Quid Juris 21. After assignment If a particular Tenant grant over his estate after the note levied yet must he atturn 17. E. 3. Fitz. Quid Juris 11. Once atturn If the Tenant atturn once upon the grant of the Cognisors he shall atturn no more 4. E. 3. Fitz. Quid Jur. 45. Joynt-tenant T. in common If a joint-tenant or tenant in Common of a Reversion grant his part by Fine the particular Tenant shall not be compelled to atturn 5. E. 3. Fitz. Quid Jur. 40. T. for life upon condition Upon a Lease for life upon condition that if the Leasee die within twenty years that his Executors Administrators or Assigns shall hold unto the end of twenty years the Lessee shall atturn as Tenant for life with protestation to save his interest 16. E. 3. 20. E. 3. Fitz. Quid Jur. 22. 31. Joynt tenant of a reversion If the reversion of two joynt Tenants for life be granted by Fine supposing the one to be sole Tenant the Tenant is not compellable to atturn 32. E. 3. Fitz. Quid Jur. 5. per Seton Tenant by elegit But Tenant by Statute or elegit seemeth not compellable to atturn because the cognisor cannot compel him to account and he may hold the Lands after his sum satisfied until he have levied his damages 6. E 3. 53. Fitz. Fines 99. E. 3 F. Quid Juris 47. Baron sole Cognisor Nor a Tenant for life where the Husband sole is Cognisor of his Wives land for if he do atturn the Wife surviving her Husband may enter for forfeiture 27. E. 3. A Clerk And a Clerk which hath no lay fee is not compelled to atturn 38. E. 3. 18. Reversion Nor Tenant for life in reversion or remainder 34. H. 6. b. Frank marriage Infant Ideot Nor Tenant in Frank marriage lib. Intr. Quid Juris clamat 10. Nor an Infant 43. E. 3. 1. Nor a Lunatick mad man or Ideot as it seemeth because of their disabilities But atturnment made by such persons as are able but not compellable to atturn is good 12. E. 4 Nat. Br. fo 170. b. With exception And an atturnâ—ent may be with an excepon if the Tenant have a Lease for life without impeachment of wast as he may atturn saving his advantage and it shall be so entred 45. E. 3. 11. 24. E. 3 Covenants Annuity Warranty Acquitall If the Tenant have Covenants to repaire c. 48. E. 3. 32. or have an annuity out of the Land 48. E. 3. 32. or Covenant of warranty or acquitall 41. E. 3. 48. or to fell trees he may atturn saving these advantages Grant Remainder in fee. If A. seised of Lands in fee thereof enfeoff B. to the use of the said A. for life and after to the use of his Executors and Assigns for twenty years after his death And then to the use of C. in fee Quere whether A. shall be compelled to atturn in Quid Juris clamat supposing him Tenant for life only and not mentioning the Term without saving of his Term by protestation Dyer fo 309. pl. 77. 14. El. No view lieth in a Quid Juris clamat 15. E. 4. 28. What Places will barr the Plantiff of Atturnment Seisinin fee. IF the Tenant plead that he is seised in fee the day of the note levied without that that he was then seised for life without shewing how he is so seised 15. E. 4. 28. 1. H. 7. 27. The Cognisor had nothing Or if the Tenant for life plead that before the fine an estranger was seised in fee and released to him in fee without that that the recognisor had any thing in the Lands the day of the note levied 3. H. 4. 3. Non tenure If a particular Tenant plead he holdeth not of the Cognisot the day of the note levied he must shew what estate he claimeth and from whom 3. E. 3. 6. Fitz. Quid Juris clamat 6. 14. E. 3. Fitz. Quid Jur. 9. But if he claim fee he shall not shew how 14. E. 3. 3. Fitz. Fines 7. but traverse that he holdeth for life 1. H. 7. 27. Leasee for eight years upon condition that the Leasor alien within the term he shall have Seisin in fee. Seisin de tali Stat. Qual c. For parcel fee cannot alledge that and say that he claimeth estate according to the Tenor of his Deed but must plead his estate certainly 2. E. 2. Fitz. Quid Jur. 38. If the Tenant confesse for part and plead a plea which may forfeit his estate therein he must atturn by and by 11. H. 4. 57. Cont. 22. E. 3. 18. Fitz. fines 33. Release Release of the Cognisor before the Cognisance to the Heir or his Ancestors in fee is a good barr 44. E. 3. 34. Forfeiture for term of years If a Lessee for years claim for life and fail of it he forfeits his Term 6. R. 2. Fitz. Quid Jur. 20. Plesingtons case WHAT PROCESSE Lie in a Quid Juris clamat Process THe Process in a quid juris clamat is Summons and distress infinite Nat. Imprisonment br 169. a. But if the Tenant appear and plead no good Bar and yet will not atturn he shall be imprisoned 37. H. 6. 14. Disclaimer But if the Tenant disclaim and if it be found against him he shall atturn 4. E. 3. 27. But if the Tenant for life years in Dower by the Curtesie or extent by Plea Claim Fee or Fee-tail and it be found otherwise he doth forfeit his Estate 15. E. 4. 28. Nat. Br. fo 168. b. And the Tenant may atturn by Dedimus Potestatem Att. by dedimus potestatem the form whereof ensueth Oliver c. to his beloved and faithfull I. M. Knight c. whereas our Writ of Covenant hangerh before you and your Associates our Justices of the Bench between R. and P. of 100. Acres c. which I. holdeth for his life of the aforesaid P. to levy thereof a Fine between the aforesaid R. and P. according to the Law and Custome of our Common-wealth of England whereby by our Writ we have commanded our Sheriff of Norfolk that he cause to come before our aforesaid Justices the aforesaid I. at the day in that Writ contained to acknowledge what right he claimeth to have in the Land aforesaid and the aforesaid I. being of himself so impotent that unto the Bench aforesaid at the day to him given without the greatest danger of his body he is not able to travail to acknowledge what right he claimeth to have in the Land aforesaid we tendring the State
after the death of the particular tenant the plaintiff needeth not to shew how Cozen and Heir so long as the Plea hath continuance by idem dies c. given to the tenant nor at his appearance nor untill the plaintiff pray execution And then the * How Cozen and Heir Coment Cozen and Heir is to be entred thus in the Roll only And the aforesaid I. saith that he is Cozen and Heir of I. W. that is to say son and Heir of T. W. of the Brother and Heir of the same I. W. 33 H. 6. 54. 41 Ed. 3. 13. and 24. 8 H. 4. 31. Bastarday In Scire facias by him in the remainder upon an estate tail against A. B. supposing the donee to be dead without issue if A. B. plead that he is issue to the donee and the plaintiff replyeth that he is a bastard it is a good replication 40 E 3. 16. Vpon estate executed Scire facias upon a Fine levyed to T. R. and W. and to the Heirs of the body of R. the remainder to the right Heirs of the said W. T. died and R. died without issue and W. survived and died his Heirs need no Scire facias to execute this Fine because it is executed in his life by the union of the Fee and Franktenement in W. 40 E. 3. 20. And so if a Fine be levyed to a Baron and Feme and to W. and his Heirs and he dieth and then the Baron and feme do dye the Fine is executed for one moiety in the life of W. Fitzh Scire facias 19. 43 E. 3. 9. 24 E. 3. 57. Ayd Tenant for life in Scire facias had aid of him in remainder 41 E. 3. fo 16. 20. 22 E. 3. 12. Death shewed In formedone in reverter or remainder the demandant must mention the death of every one which had estate and survived his Ancestor but not so in a Scire facias surfine 42 E. 3. 19. Severall estates If the plaintiff have severall estates created by one Fine he needeth but one Writ of Scire facias 43 E. 3. 11. though it be of severall things against severall tenants 11 H. 4. 15. 21 E. 3. 14. 24 E. 3. 25. Default If in a Scire fa. the Sheriff return the party summoned and he appear not execution shall be awarded 43 E. 3. 13. Reversion If a Fine sur cognisance de droit come ceo c. be levyed of a reversion by the name of the Land it is not executory 43 E. 3. 15. Seigniory If the services escheat after a Fine levyed of the Seigniory the Cognisee shall have execution of the Land escheated 48 H. 3. 11. Of things out of the Writ A Scire fa. lyeth sometimes of things not comprized in the Writ as if in a Fine sur release the Cognisee render rent in tail 48 E. 3. 8. Execution by entry of him in remainder If Land be given by Fine for life the remainder to Baron and Feme in tail and the Baron dieth and then the Tenant for life dieth and the Feme entreth the Fine is executed so as their issue needeth no Scire facias 49 E. 3 12. Of a reversion Scire fa. lyeth for the donor in tail against any that abated after the death of the donee in tail by Fine without issue 22 E. 3. 12. Upon generall non tenure pleaded the plaintiff Non tenure generall or special Nihil returned may take execution at his perill But speciall non tenure seemeth a good Plea 7 H. 6. 25 A man shall not have excution upon nihil returned because the tenant may be summoned in the Land demanded 24 E. 3. 25. Half blood If a Fine be levyed to husband and wife in tail the remainder to his right Heirs and they having issue the husband dyeth the wise hath issue by another husband and dieth the issue by the first husband entreth and dyeth without issue and his next heir entreth as into the remainder in Fee against whom the issue by the second husband bringeth a Scire fa. and recovereth by reason that the Fee could never execute in possession in the Elder Brother during the State-tail 24 E. 3. 30. and 62. Feoffment Feoffment with warranty from the plaintiffs Ancestor is a good Plea in a Scire fa. upon a Fine 22 H. 6. 39. The Heir shall have his age in Scire fa. Contr. Westm 2. ca. 45. 24 E. 3. 28. and 60. What Fines with Proclamations bar not the issue in Tail NO Fine levyed by tenant in tail barreth his issue maintenant but where the tenant in tail is Cognisor as if tenant in tail bring a Writ of Covenant against an estranger and he recognize the Land to be the right of the tenant in tail as that which he hath of his gift c. and the tenant in tail grant and render the Land to the Cognisor for years yeelding rent c. and die this Fine is void against the issue in tail M. 10. and 11 Eliz. Dyer fo 279. p. 7. 36 H. 8. Br. Fines 118. A Fine with Proclamation levyed by tenant in tail the reversion or remainder being in the King bindeth not the issue in tail as it seemeth Br. Fines 121. But if such Lands were entailed by the King such Fine barreth not the issue in tail 32 H. 8. Cap. 36. If an estranger levy a Fine to tenant in tail sur cognizance de droit come ceo que il ad de son done and he rendreth to him a rent in Fee and dye after Proclamation yet the issue in tail may avoid it for he is remitted and the rent is another thing then the Land 15 E. Plo. fo 435. per Thornton If tenant in tail of an Advowson grant and render by Fine the nomination of the Clerk it is void 15 Eliz. Plo. f. 435. b. per Thornton If tenant in tail of a rent disseife the Tenant of the Land and levy a Fine with Proclamation of the Land the issue in tail is not barred for the rent because rhe Fine was not levyed of the rent but of the Land per Thornton and granted 15 Eliz. Plo. f. 435. b. If tenant in tail grant a rent by Fine his issue may avoid it 15 Eliz. Plo. 436. 14. A. ss p. 4. What time after a Fine levyed and Proclamation made any man hath to enter or claim by action or otherwise and who are thereby barred forthwith and who not Hitherto of the forms and execution of Fines now let us see how they may be avoyded .. TO know what time persons that have cause toenter or claim may enter or clai master a Fine levyed many things are to be weighed for some persons have more time and some less for the discussing of which question we must not only consider the quality of the persons that should claim or enter but also the quality of their rights and estates And the persons be
either such as are void of impediments or such as have impediments and the same be either parties or privies to the Fine or estrangers to the same And again they have either present right or future right such have the same either wholly after the fine or partly before parrly after and some of them have but one title and some divers and others have no right to the Tenements comprised in the fine but to some things therein or issuing out of the same Parties to Fines void of impediments at the time of the levying of the same and their Heirs are thereby barred presently and have no time at all to avoid the same by entry or claim 1 R. 3. ca. 7. 4 H. 7. ca. 24. whether they be persons having naturall capacities or civill If they be such civill bodies or corporations as have in themselves absolute estate and authority of their possessions so as they may maintain a Writ of right thereof as Maior and Cominalty Dean and Chapter Colledges societies corporate and such like and their successors and barred by fines presently Plo. 338. a T. 20. Eliz. But Deans Bishops Priors Abbots Masters of Hospitals Parsons Vicars Prebendaries Chauntry Priests and such like which may not have a Writ of right but either a Juris utrum Fitz. Nat. fol. 48. 1. or sine assensu Capituli fit Nat. fo 118. 1 are not barred by such fines if the patron and ordinary joyn not with them Plo. 538. a. 20 Eliz. 375. b. 11. Eliz. How privies in blood are bound in Fines ANd by the same Statutes 1 R. 3. c. 7. 4 H. 7. c. 24. Privies in blood as Heirs of the Cognisors claiming by the same title that their Ancestor had that levied the Fine be barred presently thereby whether they be void of impediments or no. As if Land of Soccage tenure be given to a Baron and Feme in speciall tail the remainder to the right Heirs of the Baron in Fee and the Baron sole levieth a fine with Proclamation to his own use in Fee and after deviseth the same Lands to A. in Fee and hath issue and then the Baron and the Feme die the issue in tail is barred because he cannot otherwise convey himself to the tail and descent in tail than the Heir of the body both of his Father and Mother Tr. 18 Eliz. Dyer f. 251. p. 24. 9 H. 8. Dyer f. 3. p. 6. 32 H. 8. Br. Fine 109. Privies So if husband and wife tenants in speciall tail have issue and the wife die and the husband Marry another wife and have issue and levy a fine sur cognizance de droit come ceo c. and by the same fine take estate in speciall tail the remainder over c. and die the issue by the first wife is barred because he is privy in blood the continuance of the possession in the husband notwithstanding 32 E. 3 Dyer pl. 16 Eliz. f. 354. p. 31. and 32. But if my Fathers Brother disseise him and levy a fine with Proclamation and my Father and Unckle within five years after Proclamation die yet may I avoid it by entry at any time before the end of the said five years notwithstanding that I am privy in blood unto my Unckle for that my title to the Land groweth by my Father and not as Heir unto my Unckle P. 19 H. 8. Dyer f. 3. p. 3. Nevertheless if my Father disseise my Grandfather of an estate in Fee and thereof levy a fine with Proclamation and first my Grand-father and then my Father die I am now barred as privy because I cannot otherwise convey my self to the Lands than as Heir unto my Father the Cognisor P. 19 H. 8. Dyer f. 3. p. 3. Of Estrangers having present right and no impediment BUt Estrangers to fines which be all persons not parties nor privies and being void of impediments naturall and legall and having present right to the Lands in the fine have only five years after Proclamations to enter and claim their right 1 R. 3. c. 7. 4 H. 7. c. 24. Tenant in remainder or reversion upon an estate for years or at will As if one have a remainder or a reversion depending upon an estate or years or by Statute Staple Statute Merchant or elegit and the termor be disseised and a fine levyed c. and five years passed they be all barred thereby for that these termors might presently have entred and he in the reversion or remainder for such disseisin might have had an Assise So the Statute 4 H. 7. c. 24. seemeth to bar the Termors through negligence by this word Interest which comprehendeth a Term Pl. f. 374. a. And if a Tenant in tail be disseised and a fine levied with Proclamation and five years past and the tenant in tail dieth the issue in tail is bound for ever per Dyer and Catlin for the right was present to the tenant in tail at the time of the fine levyed and he cannot claim but by the same title which his Father had which was barred in his life time Plo. fo 374. a Dyer fo 3. Pl. 19 H. 8. 7. The like it is of the Laches of him in the remainder or reversion for it barreth him and his Heirs Pl. fo 374. a. Dyer fo 3. p. 6. Of Estrangers that have present right and impediment BUt Estrangers to fines pestred by impediments of infancy coverture madness idiocy lunacy imprisonment or absence out of the Realm at the levying of fines and having then present right or interest have yet liberty five years after such infirmity removed to make entry or claim c. 1 R. 3. c. 7. 4 H. 7. ca. 24. Infants And therefore an Infant hath five years after he accomplish his full age though he be in his Mothers womb Plo. s 367. a. because the Law intendeth that Infants by reason of their tender years do want understanding to know their right and whether their entries be lawfull or no And how to make their entries and claim or bring their actions according to their title Plo. fo 359. 4 H. 7. c. 24. Yet if my Fathers Brother disseise him and levy a fine with Proclamation and a year after the Proclamation my Father dyeth And after and within five years my Uncle dyeth I by reason of my Infancy have only so much time to avoid the same as at the death of my Father â—emained to come of the five years next after the Proclamation and not now five years because I claim by the same title that my Father had in whom the first five years were attached and begun Dyer fo 3. pl. 2. In like Maner and for the same reason if the Father or Ancestor be disseised and the disseisor levy a fine with Proclamation and within five years after the Proclamation the Ancestor dyeth his Heir being within age yet if he make not his entry or claim within the first five years after the Proclamation he is barred Plow f.
now in of a new estate Fitz. Nat. fo 135. a. So if A. disseise B. and enfeoffe C. with warranty who infeoffeth D. with warranty upon whom an estranger entreth in whose possession B. the disseisor releaseth his right now all former warranties are extinct And albeit D. is impleaded yet shall he not have warrantia Chartae because he is in of another estate by wrong Fitz. Nat. 135. g. 11 H. 6. 41. 22 H. 6. 22. Release by Jointenant If there be three joynt tenants and the one release to the rest they may deraign the former warranty by vowcher or warrantia Charitae for they be in a 3. part by the release 40 E. 3. 41. Villenage Warrantia Chartae lyeth against a villain 48 E. 3. 17. The Writ of Warrantia Chartae must be sued hanging the principall Plea and before Judgement as of Assise or Entry in the nature of assise 48 E. 3. 2â— Registr orig fo 158. a. for then if the warranter do die yet the Writ shall not abate but his Heir shall be resummoned to answer upon the same yet may a warrantia Chartae be sued before he be impleaded quia timet implacitari and the plaintiff shall recover in value pro loco tempore of such Lands as the defendant had at the purchasing of the Writ Fitz. Na. f. 134. E. 12 H. 4. 12. 21 H. 6. 41. 22 H. 6. 22. 24 E 3. 35. But he must not have execution but if afterwards he be put out by Judgement he shal have his warranty upon his first recovery 21 H. 6. 41. 21 H. 6. 22. 12 H. 4. 12. Non tenure In warrantia Charitae it is a good Plea for the defendant that hanging the Plea the demandant in the principall Plea hath entred upon the plaintiff being then tenant of the Land or that the plaintiff in this action had nothing in the Land the day of the first Writ purchased nor at any time after 21 H. 6. 49. 3 E. 3. 4. 5 E. 3. 5. County Warr. Chartae may be brought in any County if the deed bear not date in a place certain 31 E. 3. Tenant in Common Tenants in Common may joyn in Warrantia Chartae 28 E. 3. 90. Count by Baron Feme upon a fine with warranty I. H. Son and Heir of Isabel which was the wife of R. was summoned to answer I. T. and I. his wife of a Plea that they warrant to them one Messuage with the appurtenances in S. which of him he holdeth and of him claymeth to hold and whereof the Charter of Isabel Mother of the aforesaid I. H. whose Heir he is he hath c. and whereof c. he saith that a certain fine he levyed in the Court of the Lord Protector now in 8. dayes of Saint Hillary in the year c. before T. B. and his Associates then Justices of c. of the Bench between them the said I. T. and I. plaintiffs and R. of B. and the aforesaid Isabell then his wife deforcients of the Messuage aforesaid with the appurtenances among other Lands and tenements by Inter alia per nomen the name of c. with the appurtenances in S. in the County aforesaid by which fine the aforesaid R. and I. have granted for themselves and the Heirs of him the said I. that 4. Acres of land A fine of the reversion with the appurtenances of the aforesaid tenement which G. and M. his wife held for term of the life of her the said M. of the inheritance of the aforesaid Isabel in S. aforesaid the day that this Concord was made and which after the decease of her the said M. unto the aforesa R. and I. and the Heirs of her the said Isabell ought to have reverted after the decease of her the said M. wholly should remain to the afore-I and I. and his Heirs aforesaid to hold together with the aforesaid tenement which to them by that fine remained of the aforesaid R. and Isab and the Heirs of her the said I. by the aforesaid services as aforesaid for ever And Tail the same R. and Isab likewise have granted for themselves and the Heirs of her the said I. that they would warrant to the aforesaid I. and I. and their Heirs the aforesaid tenements with the appurtenances as aforesaid against all men for ever And if it should happen that the same I. and I. should die without Heirs of their bodies issuing then after the decase of them the said I. and I. the aforesaid tenements with the appurtenances as aforesaid should wholly revert unto the aforesaid R. and I. and the Heirs of her the said I. quite from other Heirs of the aforesaid I. and I. to hold of the chief Lords of that Fee by the services which unto the aforesaid tenement do belong for ever and the aforesaid R. and I. afterwards died whereby unto them the said I. T. and I. belonged to have of the aforesaid I. H. as son and heir of him the said I. his warranty aforesaid And one I. R. arraigned a certain assise of novell disseisin before T. W. and I. Justices of the Lord Protector now at the Assizes in the County aforesaid assigned to be taken against them the said I. T. and I. of the aforesaid tenementse and the same I. T. I. have often required him the said I. H. as son and Heir of her the said Isab to warrant to the same I. T. and I. the aforesaid tenements and the same I. H. those tenements so to warrant hath denyed and as yet doth deny whereupon they say that they are the worse and have damage unto the value of 100 l. And thereupon they bring sute c. A Count upon a deed with warranty I. T. was summoned to answer H. W. of a Plea that he render to him one Messuage c. with the appurtenances in B. which of him he holdeth and of him doth claim to hold and whereof he hath his Charter and whereupon c. he saith that whereas the aforesaid I. was seised of the tenements aforesaid with the appurtenances in his demeasne as of Fee and so thereof being seised by his certain Charter which the same H. here in the Court bringeth forth the date whereof at B. tali die Anno. c. did give grant and confirm to the same H. the Tenements aforesaid with the appurtenances Inter alia per nomen amongst other Lands c. by the name as in the Deed c. to have to the same H. His Heirs and assignes for ever and did bind himself and his Heirs to warrant to the same H. his Heirs and Assignes the tenements aforesaid with the appurtenances against all men for ever And the same H. by virtue of that gift oâ— the tenements aforesaid was seised in his demeasne as of Fee and one T. arraigned against him the said H. an assise of novel disseisin of the aforesaid Messuage and Lands with
bar 4 Serjeants  13 4 To the Criers  1 0 To the Box  1 0 To the Warden of the Fleet  0 6 For the Common Vouchee  0 4 For the Attorney Generals hand to the Writ  10 6 For making the Remembrance when the Recovery is drawn at the bar  2 0 For the return of the writ of Entry  0 4 For return of the writ of Seisin  2 0 To the Prothonotary for entry of the Recovery  14 6 To the Clerk for exemplifying thereof and making the writ of Seisin  7 6 For sealing the Exemplâ—fication writs of Seisin  2 9 For filing the writs of Entry and Seisin  2 0 For the Fee of the Demandant Tenant and Vouchee in the Recovery  10 0 Charges of a Recovery by summons upon a warrant of Attorney For drawing your Precipe and the warrant of Atturney 0 3 4 For entry of the Summons 0 6 6 For making the writ of Summons the Seal 0 2 7 To the Clerk for drawing the Summons and the entry in Parchment 0 2 6 For filing every warrant of Atturnment 0 0 8 For return of the writ of summons 0 2 0 For the filing of it 0 1 0 Note that every single Voucher hath 3 Serjeants a double Voucher 4 Serjeants and a treble Voucher hath 5 Serjeants and so further The Prothonotary hath as you see for his Entry for every Summons 0 6 6 For every single Voucher 0 10 6 For every double Voucher 0 14 6 For every treble Voucher 0 18 6 For every Dedimus Mittimus 0 4 0 The Charges of a Recovery under the great Seal of England For the Certiorari 0 13 4 For the allowance thereof 1 9 6 To the Clerk for his pains 0 6 8 For the Exemplification of every Skin 1 6 8 For the Seal 1 0 6 THE TABLE THe Definition of a Fine pag. 1. Who may be Cognisors in Fines and who not 7. What persons may be Cognisees in fines 9. Of what things fines may be levied and what not 10. By what names things may pass in fines 12. The order form of placing things in fines 14. The place wherein the Lands lie 16. Of the forms of Concords 17. Observations at the knowledge of fines how to acknowledge a fine before the Lord chief Justice 18 The charge of the said fine 21. Observations at the knowledge of a fine by a special Dedâ—mus Potestatem 22 The charges thereof 25. How to acknowledge c. by Ded. Potest 25. Charges of a fine knowledged by Ded. Potestat before a Judge and exemplified 26. The charges thereof 27. How to acknowledge a fine at the bar in Court 28. The charges thereof 29. A Writ of Coâ—enant of Common 23 Of Land and Sheep walk ibid. Of wood and foldage ibid. Of wood 33. Of a Parsonage impropriate and of the moyety of Tithes ibid. Of a Mannor of rent and of free folding for sheep ibid. Of a writ of Covenant of 3 parts of 4 Messuages 4 Cottages c. 34. A writ of Covenant of Tithes ibid. A writ of Covenant of the Scite of a Monastery ibid. A writ of Covenant of divers things 35. A wrir of Covenant of Dismes and Tithes 36. A Release by fine by one to two 37. A fine sur cognisance de droit by the Husband and Wife to two ibid. A fine by Baron and Feme and another 38. A fine of a parcel in reversion by a coparcener 39 A fine by an Earl Husband and Wife to an Archbishop and another 40. A Concord from two to two with special warranty 41. A fine upon a recognisance of right as that which he hath of his right with release and warranty by Husband Wife to a third person with a general warranty 42. A Concord of many things together sur cognisance de droit come ceo c. 43 A fine of a rent 47. A fine of part of a rent by Husband Wife 48. A Praecipe with an exception and saving some parcels ibid. A Concord with a render for life to the Husband and Wife being the Conusors of parcel of Mannors and Lands contained in the writ of Covenant the remainder to the first second begotten sons of the Cognisors in tail and to the heirs males for default c. then to the Cognisors in general tail for default c. then to the right heirs of the Cognisors for ever with render and grant of 10 Messuages c. residue of the same Mannor c. to the said Cognisors 49 A fine of homage rent and services 51. A fine of a Mannor and Knights Fees and services by the Husband and Wife others 52. An old fine in Frank almoigne before Justices in Eyre in Anno 55. H. 3. 53 A Concord of Lands in the County Palatine of Lancaster 54 A Lease for reserving a Rent 55. A Lease for years rendring rent 55. A Lease for years by fine by one his wife 57. A Lease by Tenant for life for 21 years if shee lives so long 58. A Lease to the wife for 21 years to commence after her Husbands decease reserving a rent the Cognisees grant back the same reversion and rent 60. A fine of a remainder for years 62. A Lease in Reversion paying rent 63. A Lease to divers for 90 years for their lives with rent and herriots reserved c. 64. A Lease reserving a rent of 20l. with a Nomine poene and a distress 66. A fine upon Grant and render to one for term of life without impeachment of wast for 16 years after her death then the one moyety to one in fee the other to another 68 A render for life the reversion to one and his heirs males the remainder to another and his heirs 69. A Lease for life the remainder for life to the wife in the name of her Joynture with the remainder in tail bid A fine where the Husband buyeth lands and granteth them again to the Cognisors for his Wifes life 70 A Concord of divers Tenements Rent of a Rectory and Advowson c. 71 A fine of the fourth part of two Messuages the one by a Coparcener of his part c. to two strangers 72 A fine of Lands part in possession and part in reversion of a third part for term of the life of the Tenant in Dower and for term of the life of another Tenant for term of life 74 A Grant and Render of a reversion of a moyety 76 A Render to the Cognisor for one week after to a stranger for life and to his Wife for life if she keep her unmarried the reversion to another stranger and his heirs of his body upon M. his Wife begotten the remainder to another and his heirs 78 A Fine of two Reversions 79 A Grant to the Cognisee and his Wife and the heirs of their two bodies with Warranty 80 A Grant with a Render back again for
THE ATTVRNEYS GVIDE FOR Suing out of Fines Concords and Recoveries c BEING Choice and Exact Presidents for all sorts of Fines Concords and Recoveries Together with full Instructions in all proceedings relating thereunto and the certain charges of the same With a Table of all the Particulars Perused and Approved by G. T. an able Practioner and others LONDON Printed by F. L. for Tho. Firby and are to be sold at his Shop near Grays-Inn Gate 1656. To the Reader Reader THis Treatise was at first intended only for Private use but having been perused by some Eminent Practizers of the Law and Commended by them to be of Publique benefit and concernment I have adventured with their advice to present it to thee in Print I hope thou wilt reap so much benefit by it as will at least deserve thy acceptance However pass favourably by what Errors thou findest and thou shalt in as great a matter oblige both the Printer and Thy Friend I. B. The Definition of a Fine IT appeareth by many Writers of the Common-law That a Fine is nothing but a friendly composition or final concord had between persons of and concerning any lands or tenements rent or other thing hereditable being in esse tempore finis acknowledged and recorded formerly by the consent and license of the King now of the Lord Protector or his Justices before a competent Judge to the end to cut off all controversies that neither of the parties litigant from it may after depart And therefore well may it be said to be fructus exitus finis legis Plo. fol. 357. If we but consider that the Law was made to no other end than to settle peace In every Fine there are two several parties the Cognisor and the Cognisee the party levying the Fine is called the Cognisor and he to whom it is levyed is called the Cognisee There are five essential parts in a Fine first the original writ taken out against the Cognisor the Kings licence formerly so called giving the parties liberty to accord for which he had a Fine called the Kings silver being accounted a part the Crowns revenue Thirdly the Concord it self which thus beginneth Et est concordia talis c. Fourthly the note of the Fine which is an abstract of the original concord and beginneth thus ss inter R. quaerentem S. E. Uxorem ejus desorcientes c. Fifthly the foot of the Fine which beginneth in this manner Haec est finalis concordia facta in curia Domini Protectoris apud Westm a die Pasche in quindecim dies anno c. so that the foot of the Fine includeth all containing the day year and place and before what Justices the Concord was made Coke v. 6. cas Teye fo 3 8 39. There are two sorts of Fines the one at Common Law the other levied and proclaimed according to the Statute 1 R. 3. cap. 7. 4 H. 7. cap. 24. 32. 14. 8. cap. 36. In the levying and proclaiming of a Fine two several Statutes are chiefly to be considered the one of them is the Statute of 1 R. 3. chap. 7. The other is the Statute of 4 H. 7. chap. 24. being in some thing afterwards explained by a Statute made in Anno 32. H. 8. chap. 36. The Proclamations are four and are to be made four several Terms as hereafter shall be expressed Concerning Fines with Proclamations 5 things are to be observed 1 The time of levying proclaiming the same 2 The place where and before whom it is to be levyed 4 What Ceremonies therein are to be observed 5 the several times are to be observed and considered First that the Fine be levyed afâ—er the Feast of Easter which was in the year of our Lord 1496. for all Fines levyed before that time are out of the compass of this Statute 4 H. 7. as it appeateth by the letter of the same Statute 2 That the Proclamation must be made in time of the Term and therefore if any of those proclamations doe happen to be made either before the beginning or after the end of any Term or on a Sunday or other festival day exempted from the Term as on the Feast day of the Purification of St. Mary the Virgin Ascention day All Saints All Soules or on the Feast day of St. Iohn Baptist if it happen on any other day than on the Friday next after Trinity Sunday and to be recorded accordingly then if it be not holpen by the Statute of 23. Eliz. cap. 3. all the Proclamations are reversable by a Writ of error or by plea as it appeareth in Finches case Plow com 266 267. and then the Fine will be of no other nature and force than a Fine without proclamations And albeit the Proclamations were all made within the Terms according to the form of the Statute yet if the record or records do purport the contrary they are reversable by error or avoidable by plea if it be not holpen by the said Statute for a record is of that credit in law that no averment may be admitted to the contrary A Fine doth for ever conclude and bar as well privies as strangers to the same except such strangers as are women covert other than be parties to the Fine and every other person being within age viz. the age of 21 years in Prison or out of this Realm or not of whole mind at the time of such Fine levied But this exception is conditional viz. that they or their heirs inheritable to the same lands c. do take their action or lawfull entry according to their right and title they have to the Tenements therein contained at time of the ingrossing thereof within 5 years next after they be of full age of 21 years out of prison uncovert within this Realm and of whole mind Now let us see who are privies and who are strangers to a Fine according to the Statute there are three privities only 1 privity in blood only 2 privity in Estate only 3 privity in blood and estate There are three kinds of privities 1 in blood tantum 1 one when a man is heir to his late Ancestor and yet hath nothing by discent from him As for example if a father seised of lands in Fee doth thereof infeoffe a stranger and his heirs or if he by his last Will and Test in writing did dispose the same being holden in soccage to another in Fee and hath issue and dyeth in this case such issue is privy in blood having nothing by discent 2 Another kind of privity in blood is when something is descended unto him as heir unto his Ancestor and yet he claimeth the same by some other right and not as heir to such an Ancestor As for example if there be a Father and Son and the Son purchaseth lands of a stranger in Fee and is there of disseised by his Father who dyeth thereof seised the same descend to his Son aâ— heir in this case
the Son is privy also in blood but not in estate for although the possession of the same land came to him by discent as heir to his father yet he was therein remitted forthwith to his former estate 3 And a third kind of privitie in blood tantum is where a man in some respect is privy in blood and estate and in another respect privy in blood tantum As for example if there be two brothers and the eldest purchaseth lands in Fee is thereof disseised by his younger brother afterward disseised by a stranger and that stranger dyeth thereof seised the younger brother being within age and afterwards the elder brother dyeth without issue the younger Son hath two manner of rights to the land the one is a right of entry against such heir as is in by discent during his minority but that right is only in respect of his former possession which he obtained by disseisen and not as heir to his brother and in this respect he is privy in blood to his eldest brother but not privy in estate The other right that is now in the younger brother is only a right in action and not a right of entry and this is in him as heir to his brother whose entry was taken away by the said discent in respect of his right he is privy in blood and estate to his brother Privity in estate tantum is where a man claimeth an estate in land as assignee to another as if A infeoffe B. in this case B. and his heirs are privy in estate to A. Privity in blood and in estates are of two sorts whereof the one may properly be called a privity of blood and estate the other is so called improperly and in a borrowed sence That which is properly called a privity in blood and estate is when both privities do acrew by discent by or from one Ancestor The other is when one of them acreweth by one manner of title and the other by title of another kind as for example if there be a father and a son and the father purchaseth lands and dyeth thereof seised and the same doth descend to his Son he is to his father in a proper sence privy in blood and estate because both those privities doe to him acrew by one discent from one Ancestor It is to be noted that such privies as the Statute meaneth are after the ingrossing of the Fine Proclam made according to the form of the Statute absolutely barred without hope of recovery or restraint by any claim but such as are strangers are barred only conditionally if they or their heirs do not claim according to the form of the Statute within the times therein prescribed It is a rule in Law that no error in the fault of the Judge can be assigned to reverse a Judgement unless it may be tryed by view of the Record or by inspection of the person for if it should many grave Judgements would be overthrown by corrupt tryals of false surmises to the subversion of Justice and maintenance of Vice But if the Judge give Judgement for the one party upon the matter appearing of record whereas he ought to give judgement for the other party this is reversible by error because such a fault of the Judge through ignorance of the Law is apparent by the view of the Record What persons may be Cognisors in Fines and what not AN Infant ought not to be Cognisor especially if it be a Feme covert for that she cannot reverse it during the coverture which continuing till she come to full age barreth her for ever 50 E. 3. fo 5. 21. Ass 53. * 7 H. 4. s 23. 43 E. 3. f. 20. Also no feme covert ought to levy any Fine without her husband is avoidable by the entry of him yet since a Fine levyed at this day and proclamation according to the form of the said estate of 4 H. 7. 31 Eliz. cannot be avoided by the entry of the Husband of the Cognisor as to the estate of inheritance but only to the frank tenement during the Coverture and so long afterwards as he shall be tenant by the curtesie if he had issue by his said Wife before the Fine levyed And in that case albeit the Husband do enter in 5 years or before Proclamations had and made the feme and her heirs are barred as privies to the Fine the words of the said Statute of 4 H. 7. be the Fine to be a final end and conclude as well privies as strangers and yet all strangers shall not be barred by such Fine The King is no such stranger as is comprised in the the said Act for if the Law-makers had meant to conclude the King thereby of his right then it is not to be doubted his greatness being such as it could not be forgotten but they would have made some provision for his claim which thing they have not done because they never intended to conclude him but others being bodies corporate of things that goe by way of succession are comprised in this word strangers in the body of the Act. And yet they are not contained in the letter of exception or of any of the savings which do save râ—ghts to men and their heirs speaking nothing of Corporations or successions or of any thing in succession He which intrudeth upon the Kings possession ought not to be Cognisor for his Fine is void for by his entrie upon the King after office and before livery sued he gaineth no freehold 1 H. 7. fo 9. 24 E. 3. f. 65 but if the Fine be levyed without intrusion it bindeth the Cognisor and his heirs if the Husband levies a Fine of his wives land without her it is void 32 H. 8. c. 28. If a woman be Cognisor she ought to be examined whether she do of her own free will or by compulsion of her Husband but being Cognisee she is not to be examined because it is for her benefit 3 H. 6. f. 42. E. 3. f. 7. A Woman may not levy a Fine of such lands c. as she hath in Dower Joynture or for her life or in tail of the gift of her husband or of any of his Ancestors or of any person seised to his use upon pain to loose her estate 11 H. 7. c. 20. Neither an Ideot natural nor any other person of non sane memorie ought to be Cognisors for their Fines as it seemeth may not be reversed 17 E. 3. f. 52. 78. 17 Ass 17. A Tenant for life may not without danger to forfeit his estate be Cognisor in a Fine upon grant and render but upon a grant and release he may 44. E. 3. f. 36. And he may also be Cognisee in a Fine of release without forfeiture of his estate 1 H. 7. f. 9. Rent cannot be reserved upon a Fine sur cognisance de droit come ceo que il cognisee ad del done de cognisor nor sur fine sur release otherwise than by render
Plowbote may be demanded by the name of Estrovers thus of reasonable estrovers in the woods viz. in 10 acres of wood of him the said A. in D. c. Parsonages Rectories Advowsons Vicaredges or tithes impropriate passe not by the name de advocatione Ecclesiae but de rectoriae Ecclesiae de S. cum pertinentiis But when it is but of a presentation it must be de advocatione Ecclesiae de S. non cum pertin And of all Vicar edges endowed the Writ must be de advocatione vicarie Ecclesiae de S. c. and not cum pertin And where no Vicaredge is endowed it passeth under these words de advocatione Ecclesiae de S. c. The Order and form of placing things in Fines 1 THe more worthy thing must be put before things lesse worthy as Messuage is set before Land a Mannor before a Messuage a Castle before a Mannor 7 H. 6. 39. Plo. 168 169. Secondly the Genus or thing general before the things special as land being the genus to meadow pasture wood Juncarius Mariscus is first to be placed And wood being general to wood-grounds as aluetum salicetum c. to be set before them in the writs Thirdly entire and whole things are to be set before their parts as de Manerio de C. medietate Manerii de B. cum pertin c. Fourthly parts of things excepted must succeed those things out of which they be excepon ted And if there be divers parcels in one Writ that parcel out of which the exceptiis to be made ought to be last placed Regist f. 6. de Manerio de D. cum pertinentiis in C. excepto unto messuagio duobus acris terrae advocatione Ecclesiae de C. And every thing excepted ought to be certainly named it needeth not to say cum pertinentiis after the thing excepted 40 E. 3. 25. and the exception must always be of such things whereof they will lye Regist f. 228 229. For which for the present see the example following viz. Command A. B. that he render to C. D. c. of one Messuage one Cottage and the moyety of one Messuage and ten acres of land with the Appurtenances except one acre of land in N. c. And finally the form and order of placing the particulars in a Writ of Covenant is in all things as in a praecipe quod reddat of lands And further observe the rules of the Register f. 2. which partly appeareth in these verses ensuing suagium um lendinum umbare dinum ra tum tura cus ra Mes toft mol col gar ter pra past hos brue mora ria cus tum ditus Junca Maris alue red sectare priora The place wherein the lands lie FUrthermore the place wherein the lands do lye as the Shire Town Parish or Hamlet for a Fine is good in a Hamlet 38 E. 3. f. 19. 8 E. 4. f. 6. and 7 E. 6. in Brooke Fines 44. 91. Nevertheless it is good also to name the Town wherein the Hamlet is as it seemeth and that with addition for distinction if there be diverse Towns of the same name in the same County Of the Formes of Concords NO Concord ought to be levied to divers persons and their heirs but of such Tenements as were formerly holden of the King or Queen for it was for their own now their successors advantage to have many such Tenants 33 H. 6. f. 52. 7 H. 4. f. 7. If a Fine be levyed to two Cognisees or more in the Concord thereof the Cognisor shall knowledge the right therof to be to the one of the same Cognisees only And the release and warranty therein contained shall be limitted only to him and his heirs 3 H. 6. f. 42. 33 H. 6. f. 52. 21 E. 3. 24 E. 3. f. 36. 27 E. 3. f. 84. None can take by the first estate graunted or rendred by a Fine but some of the parties named in the Writ but any estranger may take an estate in remainder 30 H. 8. Br. Fines 108. 7 E. 3. 31. The Warranty contained in Fines ought to be made by the heirs of them from whom the inheritance of the land passeth As if the Husband and Wife levy a Fine of the Wives lands the Warrantie must be from the Husband and Wife and the Heirs of the Wife otherwise if it were of the Husbands lands then the Warranty must be from his heirs 42 E. 3 f. 13. 44 E. 3. f. 21. and from the Heirs of one only 21 E. 27. except it be of lands in Gavel-kind 24 E. 3. f. 66. No Fine ought to be levyed upon any Condition Nam finis finem litibus imponere debet but clauses of distresse may be in Fines 33 H. 6. f. 52. 44 E. 3. f. 22. Also some Fines be sur cognisance de droit come ceo que le cognisee ad del done le cognis 2ly some other sur cognisance de droit tantum 3ly some other of grant and release and lastly some of grant and render and upon grant All which plainly appear by examples hereafter ensuing Also in Concords be not repeated all the words in the Writ but the general words thereof only as Mannor Tenement Rent Common Advowson c. as appeareth in the ensuing examples of Concords Observations at the knowledging of Fines and first how to acknowledge a Fine before the Lord Chief Justice of the Common Pleas. FIrst you are to take notice that none but the Lord Chief Justice can take cognisance of Fines without dedimus potestatem which privilege is given him by the prerogative of his Office Dyer f. 224. Pla. 31. Wherefore if you would acknowledge your Fine before him out of Court you must first draw your praecipe and Concord in paper and bring the parties that must acknowledge the Fine to my Lords Chamber and deliver your praecipe to my Lords Clerk of the Fines who will read it to them in presence of my Lord and their hands being first set to it he acknowledgeth it before my Lord and he putteth his hand to it for which you pay to the Clerk for my Lords see 9 s. 8 d. Which being done the Clerk will ingross the precipe and Concord in Parchment and get my Lords hand to that which you must fetch from him and give him his fce for the ingrossing thereof then you must carry it to the Cursitor of the Shire where the land lies and leave it with him to have a Writ of Covenant made by it when the Writ is made before you passe it under seal you carry it to the Alienation Office where you are to pay a Fine for licence or leave to alien and there it is you must make your composition which is set by the Commissioners sitting for that purpose when you have informed the value there is one sits purposely with the Commissioners to take it who was formerly a Doctor The value being set down by one of the Commissioners if it exceed forty shillings or
afterwards be ingrossed though it be in another Term Haec est finalis Concord facta c. in Crastino pur beatae M. Et post concessa recordata in quindena Pasc c. Dier f. 220. p. 15. f. 254. p. 104. But if the King die after the Writ of Covenant be returned and the Kings silver entetred and before the Fine be ingrossed yet the Writ of Covenant shall be resummoned and the Fine ingrossed otherwise if the Kings silver be not entred 1 H. 7. And in like manner if any Commissioner or Justice before whom a Fine is knowledged chance to die or be discharged of his or their Office before the Kings silver thereof be entred then may a Writ of Certiorari be directed out of the Chancery to the Justices discharged or to Executors or Administrators of such Commissioners or Justices so dying commanding them to certifie the note of the said Fine and Concord Fitz. f. 174. b. 8 H. 4. f. 5. 1 H. 7. f. 9. which being returned the Fine may proceed and be ingrossed A Fine knowledged of lands holden in Capite ought not to be ingrossed before a Licence of Alienation be sued out thereupon 33 H. 6. f. 52. and a Writ of quod permittat finem levari c. A Fine of a reversion ought not to be ingrossed until the Tenant for term of life atturn for until atturnment he is dispunishable of wast neither can the Cognisee avow upon him for the rent behind before Atturnment 22 H. 6. f. 13. plow f. 431. b. And the Cognisee may compell such Tenant for life to atturn by quid Juris clamat and if the Fine be of services he is compellable to atturn by a Writ of per quae servitia if of rent by a Writ of quem redditum reddit No. na br f. 47. a. b. and such Writs must be sued after the note of the Fine knowledged and the Kings silver entred and before it be ingrossed And by the Statute of 23 Eliz. ca. 3. notes of Fines and Concord knowledged for the levying of Fines are to be certified within one year next after the knowledging thereof or else the person taking knowledge of such Fines is not bound to certifie the same Neverthelesse if it be certifyed afterwards it is good enough Thus having briefly discovered the impediments that hinder the certifying ingrossing of Fines knowledged and having left nothing untoucht of the proceeding in suing forth Fines let us go on to the subject matter the very forms of Fines and Concords A Writ of Covenant of Common COmmand c. of three Messuages c. with appurtenances in D. and T. and of Common of pasture for all and all manner of beasts and of pasture for 400 sheep with the appurtenances in D. in the Parish of C. And unlesse he shall do it then summon by good Summoners c. Of Land and Sheep walk COmmand c. of one Messuage one Curâ—ilage one Garden c. and five pounds rent with the appurtenances in F. Also of liberty of one Foldage and of Sheep walk with the appurtenances in F. And unlesse c. Of Wood and Foldage COmmand c. of one hundred acres of wood with the appurtenances in N. and of the liberty of Foldage for 40 sheep wirh the appurtenances in S. And unlesse c. Of Wood. COmmand oâ— c. and four roods of Wood c. in the Parishes of B. and L. c. COmmand c. of 2 parts in 3 parts to be divided 8 acres of land 40 acres of pasture 40 acres of fresh and marish land with the appurtenances in D. c. And unlesse c. Of a Parsonage impropriate and of the Moyety of tithes COmmand c. of the Rectory impropriate of H. with the appurtenances of the moiety of all the tithes of Grain Corn Herbage and Hay of the lands called the B. laâ—ds with the appurtenance in H. aforesaid c. And unlesse c. Of a Mannor of rent and of free-folding for Sheep COmmand c. of the Mannor of c. And ten shillings rent and of free-folding for sheep with the appurtenances in R. and of the hundred of L. And unlesse c. A Writ of Covenant of 3 parts of 4 Messuages 4 Cottages c. COmmand W. S. that he hold Covenant c. of the 3 part of 4 Messuages 4 Cottages one Mill 10 Gardens 10 Orchards 200 acres of Land 200 acres of Meadow 200 acres of Pasture 30 acres of Moor 30 acres of Turbarie and 5 s. rent with the appurtenances in A. B. C. D. and of the third part of the view of frank pledge of the goods and Chattles waived of Fugitives put in exigent felons de se deodands treasure found and extrahur with the apurtenances in M. c. Also of the third part of the Rectorie of the Church of K. with the appurtenances And unlesse c. A Writ of Covenant of Tithes Leic. ss COmmand T. N. Knight that he hold Covenant c. of the profits of Grain Hay Wool and Lambs and of all other Tithes with the appurtenances in M. And unlesse c. A Writ of Covenant of the Scite of a Monastery Derb. ss COmmand A. B. that he hold Covenant to C. D. of the Scite of the Monastery of B. with the appurtenances and of 20 Messuages c. and of Common of Pasture for all manner of beasts and of 100 shillings rent and of the rent of henns and rent work with the appurtenances in â— and F. And unlesse c. And the Concord is such to wit that the aforesaid A. B. hath recognised the aforesaid Scite Tenement Common of Pasture and rents with the appurtenances to be the right of the said C. as those c. with release and Warranty c. A Writ of Covenant of divers things Linc. ss COmmand F. M. Esq and T. M. Son and Heir apparent of the â—ame F. that they hold Covenant to F. F. and N. R. Gentlemen c. of the Mannors of T. S. and H. near N. upon Trent And of 40 Messuages 20 Cottages 40 Tofts 30 Barns 2 Water-mills 1 Wind-mill 3 Dove-houses 40 Gardens 40 Orchards a thousand acres of land a thousand acres of Meadow 1000 acres of pasture 500 acres of wood 100 acres of Marish 100 acres of Furres and Heath 100 acres Willows 100 acres Rushes 500 acres of Moor 4 l. rent and the rent of half a pound of pepper with the appurtenanceâ— in T. c. And also 50 Mines of Coal with the appurtenances in T. S. and also of the Advowson of the Church of T. and H. And unlesse c. A Writ of Covenant of Dismes and Tithes Notting ss COmmand D. F. that c. he â—old Covenant to R. Y. Esq c. of the Titnes of Sheafs Grain and Hay with the appurtenances in R. and W. and of the tithes af Hay in V. also of the tithes of Wool Lambs Offerings Obventions and
with the appurtenances as it is said against all men for ever And for this c. A Grant of Lands in tail to be holden of the Grantor by suit of Court and six shillings rent Essex ss COmmand I. G. Gent. that he hold to P. I. Covenant of 16 acres of Moore with the appurtenances in K. And unlesse c. And the Concord is such to wit that the aforesaid I. hath granted to the aforesaid P. the Tenements aforesaid with the ppurtenances and those to him he hath rendred in the said Court. To have and to hold the Tenements aforesaid with the appurtenances to the aforesaid P. and the Heirs of his body lawfully begotten To hold of the said I. and his Heirs by Knight service and suit of his Court at K. twice a year and yielding yearly to the aforesaid I. and his Heirs six shillings c. at the Feasts c. by equall portions yearly for ever to be paid And the aforesaid I. will warrant the Tenements aforesaid with the appurtenances to the aforesaid P. and the Heirs of his body lawfully begotten as it is said against the aforesaid I. and his Heirs for ever And for this c. A Fine of Knights Service Castle-gard and Murage upon a writ of Customs and Services THis is the final Concord made in the Court of our Soveraign Lord the King at Westminster from the day of St. Michael in 15 days in the year of the raign of King H. Son of King J. the one and fiftieth before G. D. P. and R. of M. Justices and other of the Soveraign Lords faithfull subjects then there present between W. of P. Plantiff and H. B. Deforcient of the Customs and Services which the said W. did require of the aforesaid H. for his Freehold which the aforesaid W. holdeth in W. and W. to wit of one Knights fee and a half with the appurtenances And whereupon the said W. demanded of the aforesaid H. that he should do to him for Castle-gard of B. when it shall happen and for the Murage of the said Castle when it shall be necessary as much as doth belong to the aforesaid Tenement which services the said H. to him hath not acknowledged And whereupon Plea between them in the said Court was summoned to wit that the aforesaid VV. hath granted for himself and his Heirs that the aforesaid H. and his Heirs and their Tenants of the honor of B. be quit from the aforesaid Services for ever saving to the said W. and his Heirs all other Services unto the aforesaid Tenement belonging And for this grant fine and Concord the said H. hath given by the assent and will of the said Soveraign Lord the King that granteth it c. This old Fine is in Dyer fo 179. pla 46. A Fine of a Mannor in Possession and other Lands in reversion Salop. ss COmmand VV. B that he hold to F. R. Covenant of the Mannor of R. with the appurtenances c. And the Concord is such to wit that the aforesaid W. hath recognised the Mannor and Tenements aforesaid with the appurtenances to be the right of him the said F. of which the said F. hath the aforesaid Mannor with the appurtenances two Messuages with the appurtenances in R. aforesaid parcel of the Tenements aforesaid by the gift of the aforesaid VV. and those he hath remised c. And hath granted for himself and his Heirs that two Messuages with the appurtenances in R. aforesaid residue of the Tenements aforesaid which A. B. widdow holdeth for Term of her life of the inheritance c. after the decease of the said A. shall wholly remain to the aforesaid F. R. and his Heirs To hold together with the aforesaid Mannor and parcell of the Tenements which to him by this Fine shall remain of the chief Lords c. And the aforesaid VV. B. and his Heirs will warrant to the aforesaid F. his Heirs the aforesaid Mannors and Tenements with the appurtenances as it is said against all men for ever And for this c. A Fine of Lands part in possession and part in Reversion with a Render again to the Cognisors and their Heirs Midd. ss COmmand T. M. Esq and M. his Wife that justly c. they hold c. to A. S. Covenant of the mannor of W. near Y. VV. in C. and G. with the appurtenances and of 350 Messuages c. also of the advowson of the Church of W. in G. in the County aforesaid And of the Mannor of D. with the appurtenances and of 10 Messuages c. and seven shillings eight pence half penny rent with the apputtenances in D. in the County of G. And of the mannor of S. with the appurtenances of 6 Messuages c. with the appurtenances in S. C. and V. in the County of D. c. And the Concord is such to wit that the aforesaid T. and M. have recognised the Mannors Tenements and rent with the appurtenances and the advowson aforeâ—â—id to be the right of him the said A. of which the said A. hath the aforesaid Mannors of W near Y. W. in D. c. and the advowson aforesaid in the said County of G. and the said Mannors of South C. with the appurtenances and the aforesaid Tenements with the appurtenances in South C. and V. aforesaid in the said County of D. parcel of the Mannors Tenements and rent aforesaid by the gift of the aforesaid T. and M. And those they have remised c. and have granted for themselves and the Heirs of the said M. that the aforesaid Mannor of S. aforesaid in the said County of S. And also the aforesaid Mannor of D. with the appurtenances in the aforesaid County of S. residue of the Mannors Tenements and rent aforesaid which F. S. Esq and E. his wife do hold for term of the life of her the said E. of the inheritance of â—he aforesaid M. the day that this Concord was made and which after the decease of him the said E. unto the aforesaid T. and M. and the Heirs of the said M. should revert after the decease of the said E. wholly shall remain to the aforesaid A. S. and his Heirs To be held together with the aforesaid Mannors Tenements and rent which to him by this fine shall remain of the chief Lords of the Fee by the services which unto the aforesaid Mannor Tenements rent and advowson do belong for ever the aforesaid T. and M. and the Heirs of the said M. will warrant to the aforesaid A. and his Heirs the asaid Mannors Tenements and rent with the appurtenances and the advowson aforesaid as it is said against all men for ever And for this c. the said A. hath granted to the aforesaid T. and M. the aforesaid Mannors Tenements and rent with the appurtenances and the advowson aforesaid and those to them he hath rendred in the said Court. To have and to hold to the said T. and M. of the chief
this c. A Fine acknowledged by I. F. Knight and M. his Wife and R. H. of 2 Messuages 1 Garden 1 Orchard and of Land Meadow and Pasture to T. B. and I. K. with warranty against all men And the Conusees by the said Fine Grant and Render to the said R. one of the Conusors in the Fine 6 acres of Land c. parcel of the Premises for one month to come next and afterwards the same to remain to one I. now the Wife of R. N. and R. N. Son of the said R. and I. during their lives the longer liver of them and after their deceases the said 6 acres of Land to remain to I. N. Daughter of the said R. and I. his Wife during her life reserving a Rent with clause of Distresse for non-payment thereof and the residue of the Premises viz. The two Messuages one Garden one Orchard c. the said Conuses grant and render to R. H. for one month and afterwards to one R. N. and I. his Wife To have and to hold to the said R. I. during their lives and the longest liver of them reserving also thereupon a Rent with a clause of Distress for non payment thereof And lastly the said Conusees do grant and render the reversion of the whole Premises and the several rents reserved upon the said Grants and Renders unto the said I. F. and M. his Wife two of the said Conusors and to the Heirs of the said I. F. for ever COmmand I. F. Knight and M. his wife and R. H. that justly c. they hold to T. P. and I. K. c. of 2 Messuages one Garden one Orchard 21 acres of Land nine acres of Meadow and 58 acres of Pasture with the appurtenances in M. And unless c. Warranty And the Concord is such to wit that the aforesaid I. M. and R. have recognised the Tenements aforesaid with the appurtenances to be the right of the said T. as those which the said T. and I. have by the gift of the aforesaid M. and R. And those they have remised and quite claimed from them the said I. M. and R. and their Heirs to the aforesaid T. and I. and the Heirs of the said T. for ever And moreover the said I. F. M. and R. have granted for themselves and the Heirs of the said I. that they will warant the Tenements aforesaid with the appurtenances to the aforesaid T. and I. and the Heirs of him the said T. against all men for ever and for this c. The said T. and I. have granted to the aforesaid R. six acres of Land 6 acres of Meadow and 46 acres of Pasture of the Tenements The Render of the parcel of the Premises aforesaid with the appurtenances and those to him they have rendred in the said Court. To have and to hold to the said R. for term of one month henceforth next to come And after that term ended the said 6 acres of Land 3 acres of Meadow 46 acres of Pasture with the appurtenances shall wholly remain to one I. the now Wife of one R. N. and to one R. N. Sonne of them the said R. N. To have and to hold to the aforesaid I. and R. during the life of them the said I. and R. and of the longer liver of either of them and after the decease of the said I. and R. the said 6 acres of Land 3 acres of Meadow and 46 acres of Pasture with the appurtenances shall wholly remain to I. N. Daughter of the aforesaid R. and I. his Wife The Rent To have and to hold to the said I. the Daughter all the life time of the said I. the Daughter yielding therefore yearly to the aforesaid T. and I. and their Heirs 108 s. 10 d. at the Feasts c. by equall portions yearly to be paid A clause of Distresse And if it happen the aforesaid annuall rent of CVIII shillings X pence or any parcell thereof to be in arrear and unpaid in part or in all after any Feast of the Feasts aforesaid wherein or in which as aforesaid it ought to be paid that then it shall be lawfull for the aforesaid T. and I. their Heirs and assigns as well during the naturall life of the aforesaid I. and R. N. now Wife of the aforesaid R. and of the longer liver of either of them as during the life of the aforesaid I. the Daughter into the aforesaid 6 acres of Land c. with the appurtenances and into every parcel thereof to enter and to distrain and the distresses so there taken it may be lawfull from them to lead and drive away and in their custody to retein untill of the aforesaid annuall rent of 108 s. 10 d. and of every parcel thereof together with the arrears thereof if any shall be they shall be fully satisfied and paid And furthermore the said T. and I. have granted to the aforesaid R. H. The render of the resiâ—ue two Messuages one Orchard one Garden sixteen acres of Land 3 acres of Meadow and 12 acres of Pasture with the appurtenances being the residue of the Tenements aforesaid And those to him they have rendred in the said Court To have and to hold to the said R. for the term of one month and after that term ended the said 2 Messuages 1 Garden 1 Orchard sixteen acres of Land three acres of Meadow and twelve acres of Pasture being the residue shall wholly remain to one R. N. and I. his Wife To have and to hold to the said R. N. and I. during the life of the said R. N. and I. and of the longer liver of Rent for the Residue them yielding therefore yearly to the aforesaid T. and I. and the Heirs of them 13 s. of lawfull money of England at the Feasts aforesaid by equal portions yearly to be paid And if it happen the aforesaid yearly rent of 13 s. A clause of Distresse or any parcel thereof to be behind and unpaid in part or in all after any Feast of the Feasts aforesaid wherein as aforesaid it ought to be paid That then it shall be lawfull for the aforesaid T. and I. into the aforesaid two Messuages one Garden one Orchard 16 acres of Land 3 acres of Meadow and 12 acres of Pastureâ— being the residue with the appurtenances and every parcell thereof to enter and distrain and the distresses so there taken it may be lawfull from thence to lead drive The render of the reversion of all the premises and all the Rents reserved away and in their custody to retein untill of the aforesaid Rent of 13 s. together with the arrerages thereof if any shall be they shall be fully satâ—fied and paid Also the aforesaid T. and I. K. have granted to the aforesaid I. F. and M. the reversion of all and singular the Tenements aforesaid with the appurtenances and all the rents aforesaid thereupon reserved And those to them they have rendred
age for 2000 sheep free Warren and free fishing in B c. And unlesse c. And the Concord is such to wit that the aforesaid Earl and Frances have recognised the aforesaid Mannor Tenements and rent with the appurtenances and the advowson liberty free-warren and free-fishing aforesaid to be the right of him the said W. as those which the said W. hath by the gift of the aforesaid Earl and Fran. And those they have remised and quite claimed from them and their heirs for ever And moreover the said Earl and Fr. have granted for themselves and the heirs of him the said Earl that they Warranty will warrant the Mannor Tenements and rent aforesaid with the appurtenances and the advowson liberty free warren and free-fishing aforesaid to the aforesaid W. and his heirs against all men for ever And for this c. A Fine knowledged by the Husband and the Wife and a third person of certain acres of land meadow and wood and the Husband and the Wife warrant the land to the Conusees and to the heirs of one of them and the same Conusees grant and render again the land to E. wife of one of the Conusors from Michaelmas past for the term of 99 years without impeachment of wast yielding a rent to the Conusees and to the heirs and assigns of one of them with a clause of distress for non-payment of the rent and afterwards they grant the rent and the rereversion of the lands in fee to one W. W. COmmand W. Walgrave Esquire E. his wife and E. E. that justly c. they hold to R. R. and T. G. the Covenant c of two acresand a half of meadow and 70 acres of wood with the appurtenances in E. And unlesse c. And the Concord is such to wit that the aforesaid W. E. and E. have recognised the aforesaid Tenements with the appurtenances to be the right of him the said R. as those which the said R. and T. have by the gift of the aforesaid W. E. E. And those they have remised quite claimed from them the said W. and E. and their heires to the aforesaid R. and T. and the heirs of the said R. for ever Warranty And furthermore the aforesaid W. and E. have granted for themselves and the heirs of the said W. that they will warrant to the aforesaid R. and T. and the heirs of him the said R. the aforesaid Tenements with the appurtenances against all men for ever And for this recognizance c. the aforesaid R. R. and T. G. have granted to the aforesaid E. the aforesaid Tenements with the appurtenances And those to him they have renred in the said Court. To have and to hold to the said E. from the Feast of St. Michael the Archangel now last past untill the end and The render term of 99 years then next following and fully to be compleat without impeachment of any wast Yielding therefore yearly to the aforesaid R. and T. and the heirs and assigns of the said R. during all the Term aforesaid 60 s. and one penny of lawful money of England at the Feasts of the Annunciation of the Rent blessed Virgin Mary and St. Michael the Archangel by even portions to be paid And if it happen the aforesaid rent of 60 s. 1 d. to be in arrear and unpaid in part or in all after any Feast of the Feasts aforesaid in which as aforesaid it ought to be paid That then it shall be lawfull for the aforesaid R. and R. and the heirs and assignes of the said R. into the Tenements aforesaid with the Clause of distresse appurtenances to enter and distrain and the distresses there so taken to lead and bear away and in their custody to retain until of the aforesaid rent together with the arrearages thereof if any shall be they shall be fully satisfied contented and paid And The render of the rent and reversion of the land to one in Fee moreover the said R. R. and T. G. have granted the aforesaid rent of the aforesaid 60 s. 1 d. and the reversion of the Tenements aforesaid with the appurtenances to the aforesaid W. W. and his heirs for ever It hath been taken and acknowledledged before me W. Bendlose Serjeant at Law at S. in the Parish of B. c. A Fine knowledged by two unto one with warranty against all men A Fine sur cognisance de droit ANd the Concord is such to wit that the aforesaid L. G. and T. B. have recognised the Tenements aforesaid with the appurtenances to be the right of him the said I. G. as those which the said I. hath by the gift of the aforesaid L. and T. and those they have remised and quite claimed from them the said L. G. and T. and their Heirs for ever And furthermore the said L. G. and T. have granted for themselves and the Heirs of the said The warranty G. that they will warrant to the aforesaid I. and his Heirs the Tenements aforesaid with the appurtenances against all men for ever And for this c. A Fine knowledged of two Messuages and two Gardens c. by the Husband and the Wife and divers others to W. G. with several warranties COmmand R. F. and E. his Wife and G. C. and B. his wife that they keep with W. G. Gent. the Covenant c. of 2 Messuages 2 Gardens one Orchard 30 acres of Land 10 acres of Meadow 40 acres of Pasture and 16 s. rent with the appurtenances in W. D. And unlesse c. And the Concord is such to wit that the aforesaid R. and E. G. and B. have recognised the Tenements aforesaid with the appurtenances to be the â—ight of the said W. as those which the said W. hath by the gift of the aforesaid R. and E. G. and B. And those they have remised and quite claimed for them the said R. and E. and the Heirs of the said G. E. and B. to the aforesaid W. and his Heirs for ever And moreover the Generall warranty said R. and E. have granted for themselves and the Heirs of the said E. that they will warrant the Tenements aforesaid with the appurtenances to the aforesaid W. and his Heirs against all men for ever And furthernore Speciall warranty the said G. and B. have granted for themselves and the Heirs of the said B. that they will warrant the Tenements aforesaid with the appurtenances to the aforesaid W. and his Heirs against the aforesaid G. and B. and the Heirs of him the said B. for ever And for this c. A Fine knowledged of 4 Messuages 1 Toft 3 Barns 3 Gardens 3 Orchards c. to W. S. and N. W. with warranty BEtween W. S. and N. W. Plantiffs and O. B. and A. his wife Deforcients of four Messuages one Toft three Barns three Gardens three Orchards twenty acres of Meadow six acres of Pasture with the appurtenances in K. and
decease of him the said I. S. to dame V. shall wholly remain to the aforesaid J. E. R. and W. and the heirs of him the said I. S. for ever And furthermore the said W. hath granted for himself and his heirs that he will warrant The reversion granted to the said Conusees and to the heirs of one of them the Mannors Tenements and rent aforesaid with the appurtenances to the aforesaid I. E. R. and W. and the heirs of him the said I. S. against all men for ever And for this recognisance c. A Fine knowledged by a Widdow and another to the President and Scholars of Saint Johns Colledge in Oxon of the Scite and principal house of the Colledge commonly called the White Friers in the suburbs of Oxon and 6 Messuages 6 Gardens 6 Orchards c. also in the same Suburbs with warranty A Fine sur cognisance de droit COmmand I. P. Widdow and E. P. Gent. that justly c. they hold to W. E. President of the Colledge of St. John the Baptist in the University of Oxford and the Scholars of the same Colledge the Covenant of the Scite and principal house of the Colledge commonly called The white Friers in the Suburbs of the City of Oxford with the appurtenances and of 6 Messuages 6 Gardens 6 Orchards 20 acres of Land 20 acres of Meadow and 6 acres of pasture with the appurtenances in the Suburbs of the City aforesaid And unlesse c. And the Concord is such to wit that the aforesaid I. and E. have recognised the Tenements aforesaid with the appurtenances to be the right of him the said President and Scholars as those which the same President and Scholars have by the gift of the aforesaid I. and E. And those they have remised and quite claimed from themselves and the heirs of him the said E. to the aforesaid President Scholars and their Successors for ever And moreover the same I. and E. have granted for themselves and their heirs that they will warrant to the aforesaid President and Scholars warranty and their Successors the tenements aforesaid with the appurtenances against the aforesaid I. and E. and the heirs of him the said E. for ever And for this c. A Fine by two and the Wife of one of them of Lands Meadow and Pasture with warranty against the conusors and the heirs of the Husband A Fine sur cognisance de droit COmmand R. B. Gent. T. R. and M. his Wife that they hold to T. B. Gent. the Covenant c. of 30 acres of Land 2 acres of meadow 3 acres of pasture and 6 acres of wood with the appurtenances in C. And unlesse c. The warranty And the Concord is such to wit that the aforesaid R. T. M. have recognised the Tenements aforesaid with the appurtenances to be the right of him the said T. B. as those which the same T. hath by the gift of the aforesaid R. T. and M. And those they have remised and quite claimed from them the said R. T. and M. the Heirs of him the said R. to the aforesaid T. B. and his Heirs for ever And furthermore the same R. T. and M. have granted for themselves and the Heirs of him the said R. that they will warrant the Tenements aforesaid with the appurtenances to the aforesaid T. B. and his heirs against the aforesaid R. T. and M. and the heirs of him the said R. for ever And for this c. A Fine knowledged by T. N. Knight to G. T. Esquire of one Mannor one Messuage c. with warranty against all men A Fine sur cognisance de droit COmmand T. N. Knight that justly c. he hold to G. T. Esquire the Covenant c. of the Mannor of T. with the appurtenances and of one Messuage ten acres of Meadow fifty acres of Pasture and thirty acres of wood with the appurtenances in T. and G. And unlesse c. The warranty And the Concord is such to wit that the aforesaid T. N. hath recognised the Mannor and Tenements with the appurtenances to be the right of him the said G. as those which the same G hath by the gift of the aforesaid T. and those he hath remised and quite claimed from himself and his heirs to the aforesaid G. and his Heirs for ever And furthermore the same T. hath granted for himself and his Heirs that they will warrant the Mannor and Tenements aforesaid with the appurtenances against all men for ever And for this c. A Fine knowledged by T. VV. and K. his wife to G. S. of the third part of 8 Messuages 6 Gardens c. the which one M. B. Widdow holdeth for term 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 widdow to revert unto the Conusor and his wife as in the right of his wife and by this fine after the death of the said widdow being tenant for life is to come and remain to the said Conusee and his heirs for ever with warranty against all men COmmand T. W. and K. his wife that justly c. they hold to G. S. the Covenant between them made of the third part of 8 Messuages 6 Gardens 6 acres of land 10 acres of meadow 20 acres of pasture 50 acres of wood with the appurtenances in A. B. c. C. c. A fine of a reversion after the death of Tenant in Dower And the Concord is such to wit that the foresaid T. and K. have recognised the Third part aforesaid with the appurtenances to be the right of the aforesaid G. and they have granted that the same third part with the appurtenances which M. B. Widdow holdeth for term of her life of the inheritance of the said K. the day that this Concord was made and which after the death of the said M. unto them the said T. and K. ought to revert to remain to the aforesaid G. and his heirs for ever To hold c. And moreover the same T. and K. have granted for themselves and the heirs of her the said K. that they will warrant to the aforesaid G. and his heirs the third part aforesaid with the appurtenances warranty as aforesaid against all men for ever And for this c. A Fine knowledged by the Husband and the VVife to one I. I. of 9 Messuages c. with warranty against all men A fine sur Cognisance de droit COmmand E. P. Gent. and E. his Wife that justly c. they hold to I. L. the Covenant between them made of 9 Messuages 9 Gardens 300 acres of Land 100 acres of Meadow 100 acres of Pasture 20 acres of wood 100 acres of Furrs and Heath c. And of the moyety of 20 Messuages 20 Gardens one Water-mill one Dove-house 60 acres of Land 200 acres of Meadow 300 acres of
N. and I. S. dye before atturnment he in reversion shall have per quae servitia 20. H. 6. 7. If per quae servitia be brought against divers of which some only appear they are compellable to atturn 21. E. 3. 48. T. 32. E. 3. Vpon whose alienations the Tenant is not compellable to Atturn If Tenant in Taile of services levy a Fine Tenant in taile thereof the Tenant of the Land is not compellable to atturn 48. E. 3. 23. Because that if the Cognisor die the Tenant is subject to the distress both of the Cognisee and of the issue in taile 24. E. 3. 25. 43. E. 3. Nevertheless upon a Fine with Proclamation in such case which barreth the issue in taile the Tenant seemeth compellable to atturn Cognisor never seised If a Fine be levyed by him that was never seised of the services the Tenant is not compellable to atturn H. 6. E. 2. To a particular Tenant If the Tenant for life or any other particular Tenant of services which have them not in fee levy a Fine thereof the terr Tenant is not compellable to atturn Itin. North. 3. E. 3. Joynt Tenant If one joynt tenant a seignory grant c. the Tenant is not compellable to atturn 9. E. 2. Against whom a per quae servitia lyeth and whom not Terre Tenant It lyeth against him only that is Tenant of the Land at the time of the note of the Fine levyed 8. H. 6. 17. 18. E. 4. 10. And therefore must not vary from the Fine 18. E. 4. 10. 25. E. 3. 3. 35. E. 3. 50. And therefore it seemeth that if he which is Tenant at the levying of the note dye or alien before Atturnement had that neither his heir nor the alienee is compellable to atturn H. 26. E. 3. 56. 18. E. 4. 25. E. 3. 50. 10. yet this atturnment is good ibid. M. 31. E. 3 A recluse A prioresse recluse is compellable to atturn 43. E. 3. and an Infant 26. E. 3. 62. and a man only dumb by writing or sgines 26. E. 3. 62. But a man surde mute is not compellable Mute Deaf to atturn 26. E. 3. 62. Madness T. by curtesie Late Feoffment Nor a man non sanae memoriae as a mad man a lunatick an Ideot 26. E. 3. 62. Nor a Tenant by the curtesie for the feebleness of his estate 9. E. 3. 31. He that is infeoffed by the Lord post stat qui emptores c. is not compellable to atturn for he holdeth of the Lord Paramount 39. E. 3. 19. Quantity The Writ of per quae servitia ought to shew the quantitie of the Tenancy H. 14. E 3. for it is traversable T. 20. E. 3. H. 26. H. 6. All persons that may be Cognisees may have this Writ County Per quae servitia ought to be in the County where the Fine is knowledged albeit the Manor be in one County and the services in another County 21. E. 3. 18. Nonsuit Nonsuit in this action is not peremptory 24. E. 3. 25. nor the death of the Cognisor after the note levyed Time Per quae servitia lyeth a year or more after the note levyed 29. E. 4. 46. Atturney After peremptory issue joyned the Tenant in per quae servitia may make Atturney for if the issue be tryed against him it doth countervail atturnment and then he may be distrained before Atturnment 48. E. 3. 24. 39. E. 3. 26. Non tenure Non tenure the day of the Note levyed is a good barr in Per quae servitia 8. H. 19. 21. H. 4. 72. Former grant It is also a good plea that before the note levyed the Cognisors granted the services to another and that he thereupon did atturn 9. E. 3. 31. The Tenant in per quae servitia cannot disclaim Disclaime but may plead non tenure ut supra 21. H. 4. 72. Process after Judgment After Judgment process is Distringas ad Atturnandum 4 E. 3. 2. E. 3. 9. 5. E. 4. 2. Atturnment with an exception If the measne levy a Fine of his mesnaltie to A. for life the remainder to B. in fee. A. bringeth a per quae servitia and the Tenant atturneth saving his Acquitaile yet shall not he in the remainder avow before he also acknowledge the acquitaile 18. E. 4. 7. Feme Covert But a Feme Covert cannot confess acquitaile in per quae servitia because she is not examinable in this suit 9. E. 2. 45. E. 3. Acquitaile And the Tenant may atturn saving acquitaile and warrantie according to a Deed thereof M. 15. E. 3. 5. 5. H. 5. E. 3. Itinere North. Seisin A man may grant services before he have seisin thereof in Deed H. 5. E. 2. Fitz. per quae servitia 22. A Manor It seemeth upon the grant of a Manor cum pertin the services pass without attornment as parcell of the Manor and that the Lord may avow without Atturnment 26. H. 6. Fitz. per quae servitia 21. Fine Imprisonment If the Tenant in per quae servitia appear and confess the Action at the distringas ad atturnandum after Judgment and will not atturn he is punishable by imprisonment or Fine at the discretion of the Court as it seemeth 3. E. 3. Itiner North. Fitz. per quae servitia 17. Essoine Coperceners Joynt-tenants and Tenantsin Common may not fourch by essoine to essoine severally but have only one essoine as one sole Tenant might have w. i. c. 43. E. 3. E. 1. Rast essoine 4. Of the ingrossing of Fines VVHen the note of the Fine is made with the Custos brevium if it be of Lands in possession or when Atturnment is made if it be of a Reversion Remainder Rents or services then may it be ingrossed by the Chirographer Ingressing And the ingrossing of a Fine is nothing else but the entry of the Concord thereof with the Chirographer and the writing and delivery of the Indentures thereof F. N. B. 147. a. 5 H. 4. c. 14. which be called the Chirograph of the Fine and is made in form following viz. Fine in tail of the reversion of the Rent This is the finall Concord made in the Court of the Lord Protector at Westminster from the day of Easter in 15. daies In the year of our Lord God 1653. before O. L. R. W. and T. B. Justices of the Lord Protector and other faithfull then there present between A. B. Plaintiff and L. C. deforcient of ten Marks Rent with the Appurtenances in B. which P. D. of A. holdeth for term of his life whereof plea of Covenant was Iummoned between them in the same Court that is to say that the aforesaid L. hath granted for himself and his Heirs that the aforesaid Rent with the appurtenances which the aforesaid P. holdeth for Term of his life by the demise of the aforesaid L. in the
not barrable at all by any such fine or non-claim As if a Tenant in ancient demesne levy a fine with c. at the common Law of his Land in ancient demesne the Lord in ancient demesne may have his Writ of deceipt and thereby avoid the fine at any time and thereupon his Tenant shall be restored to the Land because the Lord claimeth not the Land whereof the fine is levyed but his ancient Seigniory and services issuing out of the same Plo. 370. b. It seemeth such fines do not bar such estrangers as have Rent Common way Estovers nor any such charge out of the Land for it seemeth that these fines extend only to bind the estate title right claim entry and interest in and to the Land and no profits to be taken out of the Lands nor to take any power given to executors or others to sell the Land Br. tit Fines 123. Pleas to avoid Fines IT is a good Plea to say That I. S. was seised tempore levac and before the fine levyed without that that the parties in the fine had any thing therein at the time of the fine levyed 9 H. 4. 27. 3 H. 6 27. Or to say that the parties to a fine had nothing c. but A. B. whose estate he hath And of this he putteth himself upon the Countrey 33 H. 6. 18. 26 H. 6. f. 9. 42 E. 3. 20. 4 H. 4. 8. 14 H. 4. 33. 4 H. 7. c. 24. If there be two R. D. of one name and the one levy a fine of the Land of the other the other may avoid the fine by pleading that there be two of one name and the other R. D. levyed the fine and not he And in lâ—ke manner if any stranger levy a fine in the name of another that is owner of the Land 34 H. 6. 19. Contr. ten 19 H. 6. 44. because it is a matter of record therefore he hath no other remedy in such case but an Action of deceipt Neither parties to fines not their Heirs may plead in avoydance thereof that before the levying and at the levying of the same and since the demandant or plaintiff or their Heirs were alwayes seised of the Lands contained in the fine or parcell thereof St. de finibus 27 E. 1. ca. 1. 12 E. 4. 15. and 19. yet by Fairfax if tenant in tail the remainder in Fee levy a fine sur cogcognizance de droit come ceo c. he in the remainder may aver the continuance of possession notwithstanding the fine and Statute because he is neither the party nor his Heir and so may a feme covert where her husband sole levyeth the fine 12 E. 4. 12. The issue in tail may aver continuance of possession against a fine sur cognizance de droit tantum or surrender but not against a fine sur cognizance de droit come ceo que il ad de son done because that fine is executed and the other executory 12 E. 4. 15. and 19. 11 H. 4. 85. Of a Writ of Error A Writ of error to reverse a fine lyeth where there is error in any fine and thereby not the record of the fine it self shall be removed but the transcript thereof upon which transcript of the note of the fine the plaintiff may assign his errors And if the Justices think that the point assigned for error is error they may send for the note of the fine and reverse the same F. N. B. f. 20. f. As if a Baron and Feme levy a fine to an estranger the feme being within age they may have a Writ of error to reverse the fine for this cause during her non-age F. N. B. 21 d. 27. ass pl. 17. 50. E. 3. 4. And when a fine is to be reversed by error the course is for the plaintiff in the Writ to have severall Writs of error one directed to the chief Justice of the Court of Common Pleas to certifie the Record and Process of the fine another unto the Custos brevium of the same Court to certifie the transcript of the foot of the fine and the third unto the Chirographer to certîfie the transcript of the record and process of the fine the severall forms whereof he as followeth A Writ of Error directed unto the chief Justice of the Court of Common Pleas. OLiver c. To his beloved and faithfull E. A. Knight greeting Because in the Record and Process and also in the levying of a certain fine in our Court before you and your Associates our Justices of the Bench at Westm in eight dayes of Saint Michael last past by our Writ of Covenant between I. G. the Elder Esquire M. his wife and I. G. the younger Gent. plaintiffs and G. H. deforcient of the Manor of G. with the appurtenances and of one Messuage 15. Cottages 15. Tofts 4. Barns 15. Gardens 2. Orchards 200. Acres of Land 80. Acres of Medow 100. Acres of Pasture 6. Acres of Wood 300. Acres of Moor and Common of pasture for all manner of Beasts with the appurtenances in G. in the County of York levyed manifest error hath intervened unto the great damage of him the said G. as by his plaint we have received we willing in this behalf that the error if any shall be may in a due manner be corrected and to the same G. full and speedy Justice be done we command you that the Record and Process of the fine aforesaid with all things concerning the same which in your custody are as it is said to us under your Seal distinctly and openly ye send and this Writ So that we may have them in eight dayes of Saint Hillary wheresoever then we shall be in England that looking into the Record and Process of the fine aforesaid we may thereupon cause further to be done for amending that error that which of right and according to the Law and custome of our Common-wealth of England ought to be done c. A Writ of error unto the Custos brevium of the Court of Common Pleas. OLiver c. To his beloved T. S. Esquire Keeper of his Writs of the Bench greeting Because in the Record and Process and also in the levying of a certain fine in our Court of the Bench at Westm in eight dayes of Saint Michael last past before E. A. Knight and his Associates our Justices of the Bench aforesaid by our Writ of Covenant between c. of c. we command you that the transcript of the foot of the fine aforesaid with all things concerning those which in your custody are as it is said to us under your Seal c. that looking into the transcript of the foot of the fine aforesaid c. A writ of error unto the Chirographer of Fines OLiver c. To his beloved T. C. Esquire his Chirographer in the Bench greeting Because in the Record and Process and also in the levying of a certain fine in our Court of the Bench at W. in eight
the appurtenances before I. M. and I. c. Justices of the Lord Protector assigned to take the Assizes in the County aforesaid whereby the same H. that Assizes depending often did require the aforesaid I. that he the aforesaid Messuage c. with the appurtenances to the same H. would warrant and the same I. that Messuage c. to the same H. hitherto to warrant hath denyed and yet doth deny whereupon he saith c. and thereupon produceth his sute c. Confession And the aforesaid I. T. in his proper person commeth and defendeth the aforesaid wrong c. and saith that he cannot deny but that the Charter aforesaid is the deed of him the said I. nor but that he gave by that Charter to the aforesaid H. the tenements aforesaid with the appurtenances nor but that he was held to warrant those tenements to the same H. in form as the same H. above against him hath declared Therfore Judgement it is considered that the aforesaid I. should warrant to the aforesaid H. the Messuage aforesaid and Lands with the appurtenances for place and time c. therefore the same I. is in mercy c. E. W. Gentleman was summoned to answer I. B. Gent. and E. B. his Son of a Plea that he warrant to them six Messuages three Gardens c. three Orchards with the appurtenances in the City of B. which they hold of him and of him claim to hold and whereof they have his Charter c. And whereupon the same I. and E. by H. C. their Atturney say that whereas the aforesaid F. was lately seised of the tenements aforesaid with the appurtenances in his demeasne as of Fee And so thereof being seised a certain fine he levied in the Court of the Lord Protector now here to wit at Westminster in eight dayes of Saint Michael in the year c. before I. D. H. B. A. B. and R. W. Justices c. And afterwards from the day of Easter in fifteen dayes in the year c. there granted and recorded before the same Justices and other of the said Lord Protectors faithfull then there present between the aforesaid I. and E. plaintiffs and the aforesaid F. deforcient of the tenements aforesaid with the appurtenances whereof Plea of Covenant was summoned between them in the same Court to wit that the aforesaid F. did recognize the tenements aforesaid with the appurtenances to be the right of him the said E. as those which the same E. and I. then had of the gift of the aforesaid F. and those he did remise and quite claim from himself and his Heirs to the aforesaid I. and E. and the Heirs of him the said E. for ever And furthermore the same F. granted for himself and his Heirs that he would warrant to the aforesaid I. and E. and the Heirs of him the said E. the aforesaid tenements with the appurtenances against all men for ever which said Fine in form aforesaid levyed was had and levyed to the use and behoof of the same I. and E. and the Heirs of the same E. for ever under pretext whereof the same I. and E. were seised of the same Tenements with the appurtenances scarsly the same E. in his demesne as of Fee and the aforesaid I. in his demesne as of freehold And so thereof being seised one H. O. before the Mayor and Sheriff of the Town aforesaid on Wednesday to wit the 28. day of April in the year c. at Guild-hall of the Citty aforesaid arraigned a certain assise of fresh force according to the custome of that City in the nature of an Assise of novell disseisin at the Common Law against the same I. B. and E. of the Tenements aforesaid with the appurtenances whereby the same I. and E. hanging that Assise often required the aforesaid F. that he the Tenements aforesaid with the appurtenances to the same I. B. and E. and the Heirs of the same E. for ever would warrant And the same F. those Tenements with the appurtenances to the same I. and E. hitherto in form aforesaid to warrant hath denyed whereupon they say that they are the worse and have damage to the value of two hundred pounds and thereupon they produce their sute c. And the aforesaid F. in his proper person commeth and defendeth the force and injury when c. and saith that he cannot deny the action aforesaid of I. and E. aforesaid nor but that the Fine aforesaid in form aforesaid was levyed nor but that he by that fine was held to warrant the Tenements aforesaid with the appurtenances to the aforesaid I. and E. and the Heirs of her the said E. for ever in form as the same I. and E. above against him have declared Therefore it is considered that the aforesaid F. do warrant to the aforesaid I. and E. and the Heirs of her the said E. for ever the Tenements aforesaid with the appurtenances for place and time c. And nothing of mercy to the aforesaid F. because he came the first day by his c. W. C. Esquire was summoned to answer E. B. Gent of a Plea that he warrant to him 54. Acres of Land 40. Acres of pasture and 6. Acres of wood with the appurtenances in E. which he holdeth and of him claimeth to hold and whereof he hath his Charter c. And whereupon the same F. in his proper person saith that whereas he was seised of the aforesaid Tenements with the appurtenances in his demesne as of Fee and so thereof being seised the aforesaid W. by the name of W. C. of I. in the County of N. otherwise called W. C. of W. in the County of Suffolk Esquire the tenth day of I in the year c. by his certain writing which the same E. with the Seal of the aforesaid W. Signed here in Court bringeth forth the date whereof is the same day and year reciting by the same writing that whereas the same W. C. by the name of W. C of I. in the County of N. otherwise called W. C. of W. in the County of S. Esquire together with his Brother C. C. of Lincolnes Inne in the County of Middlesex Gent. by a certain Indenture between the aforesaid W. and C. of the one part and E. B. of Lincolnes Inne aforesaid Gent. of the other party bearing date the tenth day of F. in the year c. bargained and sold to the aforesaid E. all his estate and interest of and in those parcels of Land containing by estimation seven Acres whether it be more or lesse there accounted lying and being in the Parish of E. in the County of R. now or late in the tenure or occupation of one W. S. or his assignes of which said parcels one parcell called little S. otherwise called Q and containing by estimation six Acres whether it be esteemed more or less to have and to hold all the aforesaid Lands and all other the premises with all and
singular their appurtenances to the aforesaid E. B. his Heirs and Assignes to the sole and proper use and behoof of him the said E. B. his Heirs and Assignes for ever as by the aforesaid Indenture more fully appeareth and whereas also the same W. afterward by the name of W. C. of I. in the County of N. Esquire otherwise called W. C. of W. in the County of S. Esquire together with his aforesaid Brother C. C. of Lincolnes Inne in the County of M. Gent. by a certain Indenture between the aforesaid W. C. of the one part and the aforesaid E. B. of Lincolnes Inne in the County of M. Gent. of the other part made bearing date the 19. day of October in the year c. also bargained and sold to the aforesaid E. all the Lands Woods and Woodlands and other hereditaments under-written by whatsoever name or whatsoever names they are called reputed or known viz. all those Lands called S. otherwise called Q. otherwise called great Q. and the Brome otherwise S. and the Brome and all other Lands and hereditaments whatsoever containing by estimation 15. Acres whether it be there accounted more or less by whatsoever name or whasoever names the same he called reputed or known now or lately in the tenure or occupation of the same T. B. by the demise of one I. C. of I. aforesaid Esquire then lately dead which said parcels do lie and are in E. in the County of R. And all those Lands now or lately in the tenure or occupation of one P. W. of E. in the aforesaid County of R. lying and being in E. aforesaid by reason of a demise to the same P. made by the aforesaid I. C. containing by estimation five Acres whether it be accounted more or less and also all those Lands now or lately in the tenure or occupation of one I. I. by the demise of the aforesaid I. C. to the same I. I. made containing by estimation 48. Acres whether it be esteemed more or less lying and being in divers severall parcels in E. aforesaid whereof some parcels are called or known by the name of P. otherwise called B. some other parcels thereof are called or known by the name of R. one other parcell thereof is called or known by the name of S. Dame And also all those Woods and Woodlands below specified viz. E. W. containing by estimation two Acres whether more or less it be there esteemed the woodland lying at knowel gate in E. aforesaid containing by estimation one Acre and three rods whether it be more or less there esteemed all which are lying and being in E aforesaid to have and to hold all the aforesaid Lands Woods and Woodlands and all other the premises with all and singular their appurtenances to the aforesaid E. B. his Heirs and Assignes to the sole and proper use and behoof of him the said E. B. his Heirs and Assignes for ever And whereas also the same W. together with the aforesaid C. his Brother afterwards to wit in the Court of c. here at Westminster in eight dayes of Saint Michael in the year c. in part of fulfilling of the grants and covenant in the aforesaid Indenture specified recognized all the aforesaid Lands Woods and hereditaments with their appurtenances by the name or names of 54. Acres of Land 40. Acres of pasture and 6. Acres of Wood with the appurtenances in E. aforesaid to be the right of the aforesaid E. B. as those which the same E. B. then had of the gift of the aforesaid W. and the aforesaid C. his Brother and those then he remised and quite claimed from himself and his Heirs to the aforesaid E. and his Heirs for ever and the aforesaid W. by the same writing here in Court brought forth then approved ratified and confirmed to the same E. B. in his full and peaceable possession and seisin of the premises being all his right title estate and Interest of and in the premises all which Lands aforesaid pasture woods woodlands and all and singular other the premises with all and singular their appurtenances to the aforesaid E his Heirs and Assignes to the sole and proper use and behoof of him the said E. his Heirs and assignes for ever And hereupon the aforesaid W. C. by that writing did oblige himself and his Heirs to warrant to the same E. his Heirs and assignes for ever all the aforesaid lands woods and woodlands all other the premâ—ses with their appurtenances against all men for ever as by the aforesaid writing here in Court produced more fully it appeareth And the same E. saith that the aforesaid tenements in the Writ aforesaid specified are the same tenements mentioned in the aforesaid writing here in Court produced and no other nor divided and that one H. R. of the tenements aforesaid with the appurtenances in form aforesaid being seised prosecuted against him the said E. B. a certain Writ of the Lord Protector of entry upon disseisin in le quibus of the tenements aforesaid with the appurtenances whereby the same F. hanging that Writ hath often hitherto required the aforesa W. C. that he the tenements with the appurtenances to the same E. would warrant and the same W. the aforesaid tenements with the appurtenances to the same E. hitherto to warrant hath denyed and as yet doth deny whereupon he saith that he is the worse and hath damage to the value of 300 l and thereupon he produceth sute c. And the aforesaid W. C. by T. B. his Atturney commeth and desendeth the force and injury when c. and saith that he cannot deny the action aforesaid of E. aforesaid nor but that the aforesaid writing here in Court produced is the deed of him the said W. C. nor but that he by the same writing hath confirmed to the aforesaid E. the tenements aforesaid with the appurtenances nor but that he the aforesaid W. by that writing is held to warrant the tenements aforesaid with the appurtenances to the same E. in form as the same E. above against him hath declared Therefore it is considered that the aforesaid W. C. do warrant to the aforesaid E. the tenements aforesaid with the apputenances for place and time c. And nothing of mercy of him the said W. because he came the first day by summoners c. Hil. 13. Ro. c. let the like entry be made against C. C. mutatis mutandis F. W. Gent was summoned to answer W. R. of a Plea that he warrant to him eight Messuages of 6. Gardens 3. Orchards 4. Acres of Land 6. Acres of Meadow and 2. Acres of Pasture with the appurtenances in B. and B. which he holdeth and of him claimeth to hold and whereof he hath his Land c. And whereupon the same W. by W. C. his Atturney saith that the aforesaid E. was lately seised of the tenements aforesaid with the appurtenances in his demesne as of Fee and so thereof being seised the same F.
the 19. day of S. in the year c. at B. aforesaid by his certain Charter which the same W. R. with the Seal of the aforesaid F. signed here in Court produceth the date whereof is the same day and year gave and granted the tenements aforesaid with the appurtenances to the aforesaid W. R. to have to him and his Heirs for ever and furthermore the aforesaid F. by the Charter aforesaid the tenements aforesaid with the appurtenances to the same W. and his Heirs against all men did warrant as by that Charter more fully it appeareth by virtue of which said gift and grant the same W. was and as yet is seised of the tenements aforesaid with the appurtenances in his demesne as of Fee and so thereof being seised one D. D. arraigned against him the said W. an Assise of novel disseisin of the aforesaid tenements with the appurtenances before I. C. one of the Barons of the Exchequer of the Lord Protector and F. R. one of the Serjeants at Law of him the said Protector Justices of the same Lord Protector at the Assizes in the County aforesaid assigned to be taken according to the form of the Statute c. whereby the same W. R. hanging that assise often required the aforesaid F. that he the aforesaid tenements with the appurtenances to the same W. would warrant and the same F. those tenements with the appurtenances to the same W. hitherto to warrant hath denyed and as yet doth deny whereupon he saith that he is the worse and hath damage to the value of a hundred pounds and thereupon he bringeth sute c. OF RECOVERIES FOR Assurances c. IN every recovery are to be regarded the demandant the Tenant of the Land and the vouchee as the efficient causes thereof The Land demanded as the matter which must as certainly be set down in Writs of entry as in Writs of Covenant whereupon Fines are levyed The end and effect of such recoveries is to discontinue and destroy estates tailes remainders and reversions and bar the former owners thereof The demandant is he that bringeth the Writ of entry and may be termed the recoverer The tenant is he against whom the Writ is brought and may be termed the recoveree The vouchee is he whom the tenant voucheth or calleth to warranty for the Land in demand And such persons may be demandants Tenants and vouchees in these recoveries as may be cognizors and cognizees in Writs of Covenant and by such names mutatis mutandis Saving if that any recovery be had against tenant in tail the reversion or remainder being in the Kings of England their progenitors and Successors such recovery will neither bar the issue in tail of his entry nor discontinue his estate nor pluck such reversion or remainder out of them 34 H. 8. ca. 20. Quaere tamen si tiel recovery bar issue in tail during the continuance of the esiate tail Dyer fo 132. pl. 1. Item before such persons by such means and in such manner may warrants of Atturney be acknowledged and certified as fines knowledged in the Country saving that the recognizance of warrants of Atturney may be taken by any Justice or Serjeant without a Writ of Dedimus potestatem And fines must be paid upon Writs of Entry as upon Writs of Covenant And all such Writs of entry must be signed by the Protectors Atturney before they can be Sealed In a Recovery with double voucher the fine must be sued first to make him tenant at the time of the Writ of Entry brought for every Writ of entry must alwayes be brought against him that is tenant of the Freehold of the Land demanded at the time of the Writ brought 18. R. 2. and Dyer fo 252. pl. 98. for that that the estate of the tenant in tail which is vouchee is barred in respect of the Assets only which is or may be recovered in value Pl. Bassets vers Manxell fo 11. a. and of execution sued by the tenant against him And if the tenant have but an estate for life or in dower or by the Curtesie then to have a good recovery thereof it is meet that such tenant make a conditionall surrender of his estate to him in the reversion or remainder to the end he may be a present Tenant of the inheritance and then to bring the Writ of entry against him and after that the recovery is executed the particular tenant for breach of the condition may enter and enjoy his Term notwithstanding such surrender In a recovery with a single voucher are included two Recoveries viz. one at the sute of the demandant against the Tenant and another at the sute of the tenant against the vouchee And if it be with a double voucher there are incuded in it three recoveries one by the demandant against the Tenant one other by the tenant against the vouchee and the third by the first vouchee against the second vouchee And in a recovery with a treble voucher are included 4. recoveries whereof three are such as were last mencioned the fourth is a recovery by the second vouchee against the third and in these recoveries the demandant hath judgement to recover the Land against the tenant and the tenant hath likewise Judgement to recover in value against the vouchee and if it be with a double voucher the first voucher hath also the like Judgement to recover in value against the second and if it be with a treble voucher the second vouchee hath the like Judgement against the third And the record also maketh mention of the execution of the Judgement against the tenant by Entry or a Writ of Habere fac seisinam accordingly And when such Recovery is so executed the uses agreed upon do forthwith arise out of the Lands Tenements c. so recovered according to the mutuall agreement of the parties The scope of a common Recovery with a single voucher is to bar the tenant and his Heirs of such only estate tail which then is in him to bar others of such estates as they have of any reversion expectant or remainder dependant upon the same And of all Leases and incumbrances derived out of such reversions or remainders The scope of a Common Recovery with a double voucher is to bar the first voucher and his Heirs of every such estate as at any time was in the same voucher or any of his Ancestors whose Heir he is of such estate and all other persons of such right to a reversion or remainder as were thereupon at any time expectant or dependant and of all Leases Charges and incumbrances derived out of any such reversion or remainder and that will be also a perpetual bar of such estate whereof the tenant was then seised of in reversion or remainder expectant or dependant upon the same c. The scope of a common recovery with a treble voucher is to make a perpetuall bar of the estates of the tenant and of every such estate of inheritance
as at any time had been in the first or second vouchee or any of them or either of their ancestors whose Heirs he or they are of such estate and as well of every reversion thereon dependant as also of all Leases Estates Charges and Incumbrances derived out of any such reversion or remainder Of What things Writs of Entry may be brought and by what means PRecipe quod reddat lyeth of one Acre of Land covered with water or of an Acre of Land 12 H. 7. f. 4. of a water pit 10 Ed. 3. and 14. E. 3. 482. Fitz. Nat. br fô 191. H. and of a passage beyond the water Fitz. Na. br fo 191. I. of a Bailywick 34 E. 3. 423. of an office 27 H. 8. f. 12. of the Advowson of a Church or of the fourth part of Tythes 34 E. 3. of a Portion of Tythes Dyer fo 84. pl. 83. of a certain parcell of Land Dyer fo 84. pl. 83. of the wardship of Land and of an Heir or of the wardship of Land Register 161. 22 E. 3. fo 19. Precipe quod reddat lyeth of all manner of Ecclesiasticall or spirituall profits as of a Rectory Vicarage Portions Pensions Tithes c. by the Statute of 32 H. 8. cap. 7. of all and all manner of Tythes greater mixt and lesser within the Town Hamlet of B. in the County of A. by whatsoever mean growing hapning and yearly renewing c. Thel li. 8. ca. 9. 8. 2. of the fourth part of disines and offerings of the Church of S. P. c. 16 E. 3. In old time de hida terrae per Glanvile de carucatu terrae 4 E. 3. 161. de bovat terrae 6 E. 3. 291. of 6. foot of Land in length and four foot in breadth 14. Ass 13. A Precipe quod reddat lyeth of a Toft and of the scite of a Mill 14 E. 3 of the Hundred of C. and of the Bailywick of B. 34 E. 1. 3 E. 3. of pasture for 6. oxen 3 E. 3. fo 23. 4 E. 2. of a Rod of Land 3 E. 5. of an Advowson 34 E. 1. of a certain portion of Land 11 H. 4. fo 40. 5 H. 7. fo 9. of the moiety of one Rod of Land 41 E. 3. of a Shop Registr fo 2. a. of 4. Acres of Heath 11 Ass 13 of turbary by the name of More 8 E. 3. fo 387. and it lyeth in a Town and not in a Hamlet 8 E. 3. fo 55. 7 E. 3. 3. 6. Of what things a Writ of Entry lyeth not A Praecipe quod reddat lyeth not of a ditch nor of a Pool nor of a Fish-pond 8 E. 3. 381. nor of the Advowson of the Tythes of one wayn-land Registr fo 29. nor of Common of pasture 27 H. 8. fo 12. of estovers 2 E. 3. of Homage and Fealty nor of services to be done 6 E. 2. A Praecipe quod reddat lyeth not de Boveat Marisci 13 E. 3. fo 3. of a ridge of Land E. 1. for the incertainty because a felon or a ridge which is a Land sometime containeth an Acre sometime half an Acre sometime more and sometimes less It lyeth not of a Garden Cottage or Croft 14 Ass 13. 8 H. 6. 3. 22 E. 4. 13. of a Rod of Land 41. 43. 13 E. 3. of a Quarrey of a Mine of a Market 13 E. 3. for they lye not in demesne but in gain nor of an upper Chamber 3 H. 6. fo 1. A Writ of Entry ought not to contain one self thing twice as a Messuage and a house parcell of the same Messuage 3 E. 4. fo 28. 46 E. 3. 26. Nor to name a Town and a Hamlet within the same Town 22 E. 3. fo 14. 41 E. 3. fo 22. In every warrant of Atturney it is good to put two Atturneys at the least for fear of death In a County Palatine as Lancaster Duresme Chester c. may be put in a warrant one Atturney and one of the Justices Clerks If the Writ of Entry be returnable Crastino Martini the Writ of Summons ad warr thereupon must bear teste from that return of Crastino Martini and be returnable 9. returns after the return of the Writ of entre inclusive that is accounting Crastino Mar. for one of the 9. returns tres Paschae which is the 9. return after Crasti Martini for another And the Teste of the Writ of seisin must be the day of that ninth return and be returnable 15. dayes after Then the Writ of seisin may be retutned that seisin was delivered by virtue thereof to the demandant by the Sheriff of the County where the Lands lye upon any day not being Sunday between the Teste and return of the said Writ of seisin Then the Writs of Entre Summons and Seisin must be returned and field with the Custos brevium and the Judgement entred by the Prothonatory and the warrants of Atturney by the Clerk of the warrants If a single Recovery and a Fine be against the tenant the Writ of Entry must bear date and teste before the Writ of Covenant and be returned before If a Writ of Covenant be brought against the tenant and a Writ of Entre against the demandant then the Writ of Covenant must bear date and be returned before the Writ of Entre and this is called a double voucher A Certiorari to the Executor of the Justice before whom the warrrants were acknowledged OLiver c. to his beloved I. R. executor of the testament of Fr. R. lately one of our Justices of the Bench greeting We being willing for certain causes to be certified as well upon a certain warrant of Atturney by which H. S. did put in his stead W. B. and R. C. joyntly and severally against R. P. otherwise W. and R. H. of a Plea of Land in the County of E. as upon one other warrant of Atturney whereby H. L. and I. L. whom the aforesaid H. S. called to warranty did put in their places A. B. and F. R. joyntly and severally against the aforesaid R. and R. H. of a plea of Land in the said County of E. by the aforesaid F. R. lately taken and in your Custody being by reason of the execution of the testament aforesaid as it is said We command you that the warrants aforesaid to our Justices of the Bench at Westminster under your Seal distinctly and openly without delay you send and this Writ that the same Justices looking into the warrants aforesaid further in our Writ of Entre hanging before our aforesaid Justices at Westminster between the aforesaid R. and R. H. and the aforesaid H. and S. of one Messuage c. with the appurtenances in T. and D. in the County aforesaid and process thereof may cause to be done that which of right and according to the Custome of our Commonwealth of England ought to be done witness my self at Westminster the day of 〈…〉 in the year c. It is returned thus THe answer of the within named
life with Remainders in tail dividing the Lands 91 A Fine to entail Lands to the heirs of one deceased 92 A Grant by a Duke and his wife as in the right of his wife to the Cognisee for life of the Tenant for life with Warranty a Render to the Cognisor for the Wives life to convey her Title to her Husband 93 A Concord of a moyety of divers things in Possession and a Reversion in Fee 94 A Grant of Lands by Fine to two who render to the Cognisor in tail and for default of such issue to R. T. in general tail the remainder to another and his heirs for ever 97 A Grant of Lands in tail to be holden of the Grant or in soccage 98 A Grant of Lands in tail to be holden of the Grantor by suit of Court 6 s. rent 99 〈◊〉 â—â—ne of Knights Service Castle-Gard and Murage upon a Writ of Customes and Services 100 A fine of a Mannor in possession and other lands in Reversion 101 A fine of Lands part in possession and part in reversion with a Render again to the Cognisors and their heirs 102 A fine of the reversion of a Rent 104 Another of the same 105 A fine of Rent Service 106 A fine where the Husband and the Wife sell the Wives Joynture or Dower absolurely to him in the reversion 107 Tenant for term of life maketh a Lease reserving a Rent during her life 108 A fine of a Reversion 109 A fine in Fee farm of a Rent granted out of a Mannor only 110 A fine of several Rents granted out of a Mannor 111 A fine of a Rent with a Nomine poene for non-payment c. 112 A fine in Fee farm yeelding a Rent with a Distresse 114 A fine in Fee farm rendring a Rent sute of Court and Herriot after decease recease and alienation 115 A fine in Fee farm rendring a Rent with a Nomine poene for default of payment 117 A fine by the Husband and the Wife to the Husband and Wife with a Render 118 A Writ of Covenant that was for the King for the Tirh Corn of a Parish and the manner of the endorsement thereof used by his Atturney general 120 A fine with Warranty against all men 121 A fine by the Husband and Wife and the Cognisee by the same fine granteth and rendreth back again the premises to the said Conusors to the heirs of the Husband one of the said Conusors for ever 122 A fine of one Messuage c. and the same Conusors for them and the heirs of Io. Do. warrant 2 parts of the premises in 3 parts divided to the Conusee and his heirs against all men for ever 123 A fine with Warranty against all men and the Cognisees by the same fine render parcel of the Premises for one month with divers limitations c. 124 A fine of c. and the Cognisees do grant and render all Mines of Coles in a Close parcel of the premises c. 128 A fine of the third part of one Messuage c. with a general Warranty And the Cognisees do Grant and Render the same to one of the Cognisors for years in reversion c. 129 A fine with a Grant of a yearly rent 132 A fine of a Messuage c. Rent Parsonage the Advowson of a Viccaradge with Warranty c. 134 A fine with two several Warranties 135 A fine of a Mannor c. with general Warranty 136 A Fine within the County of Chester c. 137 A fine knowledged before the Justices of Chester 140 A fine by an Earl and his Wife 141 A fine by the Husband and Wife and a third person c. 142 A fine by two to one with general Warranty 145 A fine by the Husband and Wife and divers others c. 145 A fine of four Messuages c. with Warranty 146 A fine by two Husbands and their Wives 147 A fine by the Husband and his Wife to a Man and his Wife 148 A fine by an Earl and his Wife of a Rent c. 149 A fine by the Husband and Wife for term of years 150 A fine by the Husband Wife with Warranty in consideration the Cognisee granteth a Rent c 152 A fine of the third part of a tent with a general Warranty 154 A fine of the third part of 34 acres of Meadow by these words viz. concesserunt reddiderunt c. 155 A fine by one to the Queens Atturney c. 155 A fine by a Widdow to the President and Schollars of a Colledge c. 157 A fine by two and the VVife of one of them c. 158 A fine with general VVarranty 159 A fine of a reversion 160 A fine by Husband and VVife to one with a general VVarranty 161 Of the Order of taking the knowledge of a fine by Dedimu potestatem and the certifying thereof 162 A fine of one Messuage of a Remainder 163 A fine by Husband and VVife of two Messuages c. with general VVarranty 164 A fine knowledged before the Justices of the Common pleas at Westminster with general VVarranty 165 A fine with VVarranty against the Conusor and his heirs 166 A fine as it is ingrossed of Record 167 Of the nine Proclamations 168 A fine with general VVarranty for years rendring a red Rose c. 168 A fine for liâ—es and aftâ—r in Fee 170 A fine of a Rent issuing out c. with general VVarranty 171 A fine with general VVarranty of an annuity with Nomine poeâ—e 172 A fine in tail general to hold by the 40th part of a Knights â—ee and by rent with general VVarranty 174 A fine with VVarranty during life 175 A fine for life and after in fee. 176 Of the taking of the knowledge of a Fine 177 A fine with divers remainders 178 Of Adjuncts of Concords 180 A Licence to alien in Mortmain 183 Quod permittat finem levari 184 The Writ of quod damnum 185 Of a pardon for alienation 186 Of the Dedimus potestatem to take the cognisance of a fine 189 190 The Dedimus Potestatom thereof 191. The Precipe and Concord 193. A Dedimus Potestatem upon a writ of Customes and services 195. Of the Kings Silver 196. Of observation at the knowledge of fines 197. How and when Cognisances of Fines may be certified and what may hinder the â—ame 199 Of the Inrolment of Writs of Covenant Dâ—d Potest and knowledges thereupon called the foot of the fine 202 Of the note of the fine 203 Quid juris clamat 204 VVhat persons may obtain atturnment by Quid Juris clamat and what nor 205 VVhat persons be compellable to arturn by Quid juris clamat and what not 206 What places will barr the Plaint of Atturnment 210 A Table to the latter Part. VVHat processe lye in a Quid juris clamat 1. The writ of summons in Quid juris clamat 3. The Distress in Quid juris clamat 4. Tenant may atturn for