same and to acquit discharge and deliver up the said several Obligations as fully in every respect as I might or could do if I were personally present In Witness c. A Form of a Will IN the Name of God Anem I A. B. of c. being in good health of Body and of sound and perfect Mind and Memory Praise be therefore given to Almighty God do make and ordain this my Present Last Will and Tistament in manner and form following that is to say First and principally I commend my Soul into the Hands of Almighty God hoping through the Merits Death and Passion of my Saviour Jesus Christ to have full and free Pardon and Forgiveness of all my Sins and to inherit everlasting Life and my Body I commit to the Earth to be decently buried at the discretion of my Executor hereafter named And as touching the disposition of all such Temporal Estate as it hath pleased Almighty God to bestow upon me I give and dispose thereof as followeth First I will That my Debts and Funeral-Charges shall be paid and discharged Item I give unto c. here set down all your Legacies that you intend to give and then write All the rest and residue of my personal Estate Goods and Chattels whatsoever I do give and bequeath unto my loving c. here name the person full and sole Executor of this my last will and Testament And I desire that my Body may be buried in the c. And I do hereby revoke disanul and make void all former Wills and Testaments by me heretofore made In witnâ—ss whereof I the said A. B. to this my last Will and Testament bâ—ing containâ—d in five Sheets of â—aper set my Hand to the top and last Sheet thereof yet my Seal the c. In the year c. A Codicil or Schedule to a Will BE it known unto all Men by these presents That whereas I A. B. of c. have made and declared my last Will and Testament in writing bearing date c. I the said A.B. do by this present Codicil confirm and ratifie my said last Will and Testament and do give and bequeath unto I. E. of c. the sum of c. and my will and meaning is That this Codicil or Schedule be and be adjudged to be part and parcel of my said last Will and Testament and that all things herein contained and mentioned be faithfully and truly performed and as fully and amply in every respect as if the same were so declared and set down in my said last Will and Testament In witness c. The Form of an Affidavit INter R. L. quer R. R. Defend in ejectione firmae de duobus Messuagiis c. in c. A. B. maketh Oath That he this deponent upon the 20th day of January now last past did deliver unto R. C. who was then Tenant in possession of the Tenements above-mentioned a Copy of a Declaration made by the Plaintiff against the Defendant in this Cause whereupon there was written as followeth or to the same effect R. C. this Declaration is for Tryal of the Plaintiffs Title c. verbatim as on the back of the Declaration Directions for suing out Fines and making the Concords thereof with several necessary Notes thereupon IT is called a Fine Et Finalis concordia quia imponit sinem litibus Fines are Instruments of Record of Agreements concerning Lands or other Hereditaments made most usually upon Writs of Covenant in the Court of Common-Pleas and are of such force and efficacy in Law that they are perpetual Barrs to all Parties to the same Fines and Estrangers not prosecuting their Right in due time He who acknowledgeth the Fine is called the Conusor and he to whom the Fine is levied is called the Conusee If the use of a Fine be not declared before nor after the Fine levied it shall be intended to the use of the Conutor and his Heirs Infants that is all persons under the age of one and twenty years ought to have special care how they levy Fines for unless they be reversed by the Infants themselves before they come of Age they are good If a married Woman under Age levy a Fine of her own Lands she may not reverse it unless her Husband dye before she come to full age If a married woman levy a Fine of her Joynture she will thereby lose both that and her Thirds if the Joynture were well setled before marriage It is requisite that either the Conusor or the Conusee be seized of the Land in the Fine at the time of levying thereof otherwise the Fine is void Persons Outlawed or waved in personal Actions may alien by Fine To sue out a Fine by Dedimus potestat to Commissioners in the County you are first to draw your Praecipe of the Writ of Covenant in Paper and then write under your Commissioners Names four or more whereof one is to be a Knight thus S. ss Pr. A. B. quod juste c. teneat C. D. con c. de uno Messuagio uno Horreo uno Gardino decem acris ter cum pertin in E. De. po F. D. Militi H. I. L. M. N. O. P. Q. generosis Carry this to the Cursitor of the same County and he will make your Dedimus Potestatem to take the Fine When you have your Ded. Pot. then make ready your Concord to be fairly ingrossed in Parchment and see that the Land be exactly named as in the Dedimus The Forms of which Concords next follow A Fine from One to One of a Messuage and Garden PRaecipe A. B. quod juste Sussex ss c. teneat C. D. con c. de uno Messuagio uno Gardino cum pertin in M. E. nisi c. Et est Concordia talis scilicet quod praedict A. recogn praedict tenementa cum pertin esse jus ipsius C. ut illa quae idem C. habet de dono praed A. Et illa remisit quiet clam de ipso A. haered suis praefat C. haered suis in perpetuum Et praeterea idem A. concessit pro se haered suis quod ipse warrant praefat C. haered suis praedicta tenementa cum pertin contra ipsum A. haered suos in perpetuum Et pro hac c. A Fine from a Man and his Wife to one Conusee of two Messuages one Yard or Back-side one Garden Land Meadow and Pasture Southt ss PR Henr. B. Mariae uxori ejus quod juste c. teneant Johanni B. con c. de duobus Messuagiis uno curtilagio uno Gardino decem Acris Terrae quinque Acris prati sex Acris Pasturae cum pertin in M. Et nisi c. Et est Concordia talis scilicet quod praed H. Mariae recogn praedict tenementa cum pertin esse jus ipsius Johannis ut illa quae idem Johannes habet de dono praedict Henr. Maria. Et illa remiser
TO THE READER HOw profitable it is to observe those Forms which the Law approves daily Experience doth sufficiently demonstrate for that hereby all Assurances are rendred plain and manifest to every Capacity and fortified against all exceptions But the captious Age wherein we live that so busily examines and eagerly pursues all advantages and shifts whatsoever will certainly drive every man to his just Defence and make this Book as welcome as it is undoubtedly necessary Here is presented to thy Hand a faithful Collection of Presidents of all sorts which for the variety will fit every Mans Occasions and for the clearness will be useful to any Vnderstanding who may at all times readily find these sound Instructions If either the distance of his Abode the haste of his Business or any other cause do withhold him from further Advice For those Instruments which are usually drawn in Latin here you shall find the proper Cases both for the Names of the Persons their Additions the Sums of Money with the Day of the Date only observing this throughout the Work if A be bound to B then is A the Obligor and B the Obligee and if A acknowledge a Recognisance to B then is A the Conusor and B the Conusee And in this Fourth Impression to compleat the Design that was intended by this Book are added the best Presidents of all manner of Concords of Fines and Directions how to sue out a Fine with many remarkable Observations therein will appear Also Directions of Writs of Habeas Corpus Writs of Errour c. To the inferiour Courts in the several Cities Burroughs Hundreds and Bailywicks of England and the respective Mayors Bailiffs and Governors thereof for default whereof and errour wherein so many Non-suits do daily happen and Writs of Error are afterwards brought to the indangering of the whole Cause and perplexity and vexation of the Client which all ingenious Practisers as they desire so here are rightly instructed how to avoid There is also a Supplement to the Names both of Men and Women with their several Trades and Imployments rendred into Latin so that nothing is wanting to answer every Occurrence or Emergent Occasion whatsoever of this nature Hereby it will not be easie to mistake and cheaper than this no man can purchase greater quiet and security Farewell J. H. THE TABLE A. ATtornment of Tenants to be endorsed on a deed Page 13 An Affidavit that a man is seised in Fee free of all Incumbrances ibid. Acquittance for the consideration of Money in an Indenture and a Release of the Estate Page 54 An Assignment of an Annuity for years granted out of a Lease for years Page 58 Attornment of Tenants Page 64 Another of the same ibid. An Acquittance for receipt of money upon a Sale Page 67 Articles of Agreement for enjoyment of a quiet Lease as Tenants in Common Page 42 An Acquittance for the Redemption of a Mortgage Page 46 For Rent ibid. For a Legacy for Money received to pay to another Page 47 An Assignment of a Lease by Endorsment Page 69 An Assignment of a Mortgage by Endorsement by a Friend in Trust for one that purchased the same to keep it in force Page 71 An Acquittance and Receipt for a Legacy given by will to the Executor thereof ibid. An Affidavit that Lands are free from all Incumbrances Page 72 An Assignment of a Bond with a Letter of Attorney verbatim as in the Bond An Acquittance for part of a Debt An Affidavit the form B. BIshopricks in order Page 149 A Bond to the King Page 81 A Bill of Sale of Goods to be void upon payment of a sum of money with Interest Page 24 Single without a penalty Page 25 A single penal Bill Page 26 C. A condition from One to One to pay a sum of money at several payments without a Clause if any payment be unpaid the Bond to be forfeited Page 14 A Condition of a Bond of Arbitration from Two to Two without an Umpire Page 15 A Condition of a single Bond of Arbitration without an Umpire Page 16 Of a double Bond to pay a sum of money at several payments with a Clause if any payment be behind the Bond to be forfeited Page 17 Of a single Bond to pay a sum of money at a place certain Page 18 Of a single Bond to pay a sum of money without a place certain ibid. Of a treble Bond to pay a sum of money at one payment Page 19 Of a double Bond to pay a sum of money at a place certain ibid. Of a Counterbond from two to a third person who was bound with them Page 20 Of a Counter-bond from one to one Page 21 To perform Covenants in Articles of Agreement Page 22 To perform the Covenants in an Indenture ibid. To stand by the Award of Arbitrators with an Umpire certain nominated Page 26 A Charter-part of an Affraight Page 38 A Covenant from an infant to engage him to execute a Conveyance at age Page 50 A Condition of a Recognisance to pay Costs in Chancery Page 68 A Condition to seal a Deed by a certain day and perform the Covenants therein Page 47 A Condition that the Heir shall enter into Bond at his full age to pay another Page 48 That the Administrator not present shall seal a Deed Page 49 A Declaration of an Obligee that his Name is used in trust Page 84 A Codicil to a Will Page 88 Cities Page 151 Counties Page 152 153 D. DEed of Gift Page 27 Defeazance of a Statute for performance of Covenant Page 52 A Declaration that money lent in one mans Name is the proper moneys of another Page 55 A Discharge of a Bill the Bill being lost Page 65 A Defeazance upon a Judgment with a release of Errours Page 70 A Defeazance upon a Statute Staple for payment of money Page 74 A Discharge of money decreed in Chancery Page 80 To Trustees for money by them received Page 81 A Deed of Feoffment upon a Sale Page 83 A Deed to declare that the Name of the Obligee in an Obligation is used in trust for another Page 84 The several Dates for Bonds Page 15 156 Directions for suing out of Fines and making the Concords thereof with several necessary Notes thereupon Page 89 Directions for Writs Page 169 E. AN Exchange by an Indenture of bargain and sale with Livery and Seisin Page 69 F. THe form of a Will A Fine from one to one of a Messuage and Garden A Fine from a man and his Wife to one Cognisee of two Messuages one Yard one Back-side c. ibid. A Fine for two Cognisors or the wife of one of them to two Cognisee of Messuages Barns Gardens Orchards Lands Meadows Pasture Common of Pasture for all manner of Cattel Page 92 A Fine by a Knight and his wife to an Archbishop and another of their Mannors Messuages c. the Advowsance of a Church and view of a Frank pledge with General
Warranty Page 94 A Fine by one and his wife to one of one Mannor Messuages c. and the Advowsance of a Church by turns Page 95 A Fine of a Rent by an Earl and his wife Page 97 A Fine of a third part of a Rent Page 98 A Fine of a Personage excepting the Advowsance of the Vicarage of the same Personage Page 99 A Fine of one Messuage one Barn Land Meadow Pasture and 55 Rent the Personage of B. and the Advowsance of the Vicarage of B. Page 100 A Fine by an Earl and his wife of a Mannor Advowsance Liberty of Foldage free Warren and free Fishing c. Page 101 A Fine from three and their wives to one with several Warranties Page 102 A Fine of nine Messuages nine Gardens c. and the moiety of one Water-mill one Dovehouse c. Page 103 A Fine be a husband and wife and another to one who grants and renders the same again to one of the Cognisors for 21 years to begin at a time to come reserving a Rent with clause of Distress and afterwards the Cognisee grants the Reversion to the husband and wife Conusors and the Heire of the Husband Page 104 I AN Indenture being a Defeazance of an Assignment of a Bond. Page 78 K. EVery Kings Reign with the year of our Lord annexed to the year of their Reign Page 160 c. L. A Letter of Attorney to receive a sum of money very vsual Page 28 To receive money due upon Bond Page 33 A Letter of Attorney to receive money due upon several Bonds allowing the Attorney reasonable charge out of the money he shall receive c. Page 34 A General Letter of Attorney to let set and dispose c. Page 36 A Leter of Attorney to recover Livery and Seisin according to the Feoffment Page 58 A Lease of Ejectment ibid. Livery and Seisin to be endors'd on a Deed. Page 58 A Letter of Attorney from the Husband to the Wife upon his Voyage Page 6â— A Letter of Attorney to be added to the end of a Sale to give power for the Vendor to another to deliver possession in seisin to the Vendee Page 64 A Letter of Attorney to receive Seisin of Land Page 77 To receive money decreed in Chancery Page 79 A Lease of a house Page 100 M. A Mortgage of a house Page 75 A Mortgagee's assignment of his Mortgage to the Mortgagor to be endorsed on the Deed Page 62 N. THe Names of Officers in order Page 148 The names of the Moneys Page 156 The proper Names of Men in Latin and English in the same cases as they are to stand in the Recognizance and Obligation Page 119 O. An Oligation from one to one Page 3 An Obligation from one to two Page 4 An Obligation from one to three ibid. Two to one ibid. Two to two Page 5 Two to three ibid. Three to one Page 6 Three to two ibid. Three to three Page 7 R. A Recognizance from one to one Page 7 One to two Page 8 One to three Page 9 Two to one ibid. Two to two Page 10 Two to three Page 11 Three to one Page 12 Three to one ibid. Three to three Page 13 A General Release from two to two Page 23 A General Release from one to one Page 24 A Release of Errours upon a Judgment in the Common-Bench Page 31 In the Kings-Bench ibid. A Release of Personal Actions Page 50 Of a Ward to his Guardian when he is of age Page 56 A Release from the Father to one that bought the Son's Land Page 63 The Returns of the Four Terms Page 116 117 S. A Surrender of a Lease Page 66 A Surrender of the Lessee's term to be Indorsed on the Lease Page 79 A Schedule to a Will Page 88 The several sums of money Page 157 T. TRades and Professions of Men and women in their proper case to fill up the Bonds and Recognizances Page 143 The Titles of Men and Women Page 150 151 U. AN Umpirage Page 45 W. A Warrant of Attorney to confess a Judgment in Kings-Bench Page 29 To acknowledge satisfastion upon Record for a Judgement recovered formerly Page 30 A Warrant of Attorney to appear for one in the Kings-Bench Page 33 The same in the Common-Pleas ibid. A Warrant to confess a Judgment upon a Bond if the money be not paid on the day Page 34 A Warrant to a proctor by the Son to permit a Stranger to administer upon his Fathers Estate Page 57 A Warrant to an Executor Page 68 A Warrant of Attorney to confess a Judgment in Chancery for priviledged persons Page 42 A Will Page 87 A Writ of Covenant for the King of Tythe-Corn Page 99 THE YOUNG CLERKS TUTOR ENLARGED OBSERVATIONS Touching the firm making of Covenants Contracts and Agreements c. A Covenant Contract Agreement c. is the mutual consent of One Two or more person or persons by a formal Deed in writing containing an Agreement of the parties whereby One or more do Promise and Covenant with another to give or do somewhat in such sort as they have concluded of amongst themselves and to the firm making thereof it is to be observed 1. That the person or persons be of the full age of one and twenty years for it must be noted that Infants which are supposed not to understand what is done can therefore make no Obligation or Covenant c. yet such as be of the age of discretion that is Males of the age of fourteen years and females of twelve years may in some cases covenant and be bound and be lyable to perform As for necessary Food Apparel Schooling c. and in Marriage also or as an Executor to another Vide Duct 〈◊〉 Stud. Iâ—b 2. Cap. 27. 2. Though they be of full age yet they must be compotes mentis and that at the time of making such Contract they have not these defects of the Mind viz. Madness Lunacy Idiocy nor these defects of the Body as Dumbness Deafness Blindness especially if they be Natural for in such case they can in no wise consent The nature of a Bond Bill or Obligation and Directions for the true making thereof 1. A Bond Bill or Obligation is a Deed in writing the nature thereof is to bind one man to another or two to more or many as occasion is to pay a sum of money or to give do or perform something whereupon it is desined to be the right of a person by which he hath another person bound unto him to pay that which he oweth him Right therefore is the chiefest cause of an Obligation the Act of man that seals and delivers such Obligation is only the remote or secondary cause Now that which is called an Obligation is the same with that which is commonly and vulgarly called or termed a Bond and it is also the same with a Bill only the Lawyers make this difference betwixt them viz. when it is in English it is called
quiet clam de ipsis Henr. Mariae haered ipsius Hen. praefat Johanni haered suis in perpetuum Et praeterea iidem Hen. M. concesserunt pro se haered ipsius Hen. quod ipsi warrant praefat I. haered suis praed tenement cum pertin contra ipsos Henr. M. haered ipsius Hen. in perpetuum Et pro hac c. Note That where there there be divers Conusors the Release and Warranty must be from the Heirs of one of the Conusors only as in the last mentioned and also when a Fine is levied to divers Conusees the right shall be limited to one of them only and the Remise and Warranty to his heirs only whose Right it is acknowledged to be A Fine from Two Conusors and the Wife of one of them to Two Conuseet of Messuages Barns Gardens Orchards Land Meadow Pasture and Common of Pasture for all manner of Cattle Southt ss PRecipe Nicholao Gibbons generoso Ric. Henet Annae uxori ejus quod juste c. teneant I. S. Armigero D. F. con c. de quatuor Messuagiis duobus Horreis duobus Gardinis duobus Pomariis Viginti Acris Terrae una acra Prati octo acris Pasturae Communia Pasturae omnimod averiis cum pertin in Warbleington Emesworth Et nisi c. Et est Concordia talis scilicet quod praedict Nich. Ric. Anna recog pradicta tenementa communiam Pasturae cum pertin esse jus ipsius I. ut illa que iidem I. D. habent de dono praedictorum Nich. Ric. Annae Et illa remlserunt quiet clam de ipsis Nich. R. A. haered ipsius N. praedictis I. D. haered ipsius in perpetuum Et praeterea idem Nich. concessit pro se haered suis quod ipsi warrant praedictis J. S. D. F. haered ipsius J. G. praed tenementa communiam Pasturae cum pertin contra praedict Nich. haered suos in perpetuum Et ulterius iidem Ric. c Annae concesser pro se haered ipsius R. quod ipsi warrant praedictis J. D. F. haered ipsius J. G. praed tenementa communiam Pasturae cum pertin contra praedict R. A. haered ipsius R. in perpetuum Et pro hac c. Note That in the Concord all the special names of the things contained in the Writ are not to be rehearsed but only the general words thereof as Mannor Tenements Rents Fishing Warren Advowson Common Moity third fourth or fifth Part view of Franck-Pledge Rectory Tithes Fairs Markets c. as in the seveal Presidents you may observe A Fine by a Knight and his Wife to an Archbishop and another of three Mannors Messuages Tofts Cottages Mills Barns Gardens Land Meadow Pasture Wood Furze Heath and Rent the Advowson of a Church and view of Frank-Pledge with general Warranty PR J. L. Militi M. uxori ejus quod juste Midd. ss c. teneant Reverendo in Christo Patri T. Y. permissione divina Archiepiscopo Eborac Angliae Primati G. L. Armigero con c. de Maneriis de R. K. M. cum pertin ac de quinquaginta Messuagiis quingentis Toftis ducentis cottagiis sex molendinis quingentis horreis quingen gardinis quinque mille acris Terrae mille acris Prati sex mille acris Pasturae mille acris bosci decem mille acris Jampnorum bruere ac de quinquaginta libris reddit cum pertin in R. C. A. alias S. T. V. W. E. ac de advocatione Ecclesiae de E. predict ac de visu Franci plegii de R. G. c A. praedict Et nisi c. Et est Concordia talis scilicet quod praed J. M. recogn praedict maneria tenementa reddit advocationem visum Franc. Pleg cum pertin esse jus ipsius Archiepiscopi ut illa quae idem Archiepiscopus G. habent de dono praedictorum J. M. Et illa remiserunt quiet clam de ipsis J. M. haered ipsius J. prafat Archiepisco D. haered ipsius Archiepiscopi in perpetuum Et praeterea iidem J. M. concesserunt pro se haered ipsius J. quod ipsi warrant prafat Archiepiscopo G. haered ipsius Archiepiscopi praedict maneria tenementa reddit advocationem c visum Franc. Pleg cum pertin contra omnes homines in perpetuum Et pro hac c. Note That although a married Woman cannot covenant by Deed yet she may warrant by Fine Note If a Mannor extend into divers Towns er Villages you must express all the Towns whereunto it extends or if you omit any of them no part of the Mannor in such Town omitted passeth yet a Fine of a Mannor cum pertin without naming any place where it lies is good and passeth the whole Mannor Note A Mill will pass by Molendinum alone but it is better and more usual to add Ventosum or Aquaticum Note That Personages Rectories Advowsons Vicarages or Tythes impropriate pass not by the names de advocatione Ecclesiae but de Rectoria Ecclesiae de A. cum pertin But when it is of a presentation only it must be advocatione Ecclesiae de A. and not cum pertin A Fine by one and his Wife to one of one Mannor Messuages Tofts Cottages Barns a Water-mill a Fulling-mill a Wind-mill a Dove-house Gardens Orchards Land Meadow Pasture Wood Furze Heath Moor fresh and salt Marsh Rent free Fishing the advowson of a Church by turns PR Johanni H. Armigero Sussex ss Ursulae uxori ejus quod juste c. teneant Roberto P. generoso c. de manerio de B. cum pertin ac de Viginti Messuagiis duobus Tostis sex Cottagiis quatuor Horreis uno Molendino aquatico uno Molendino fullonico uno Molendino ventoso uno Columbario Viginti Gardinis quindecim pomariis ducentis acris Terrae Centum acris Prati Mille acris Pasturae Decem acris Bosci Centum acris Jampnorum bruere triginta acris More decem acris Marisci frisci duodecim acris Marisci salfi decem Marcis reddit cum pertin in B. C. D. necnon de libera piscaria in aqua de S. ac de advocatione Ecclesiae de P. alternis vicibus cum acciderit Et nisi c. Et est Concordia talis scil quod praedict J. V. recognoverunt maneria tenementa red liberam piscariam praedicta cum pertin ac advocationem praedictam esse jus ipsius Roberti ut illa que idem R. habet de dono praedictorum J. V. Et illa remiserunt quiet clam de ipsis J. c V. haered ipsius V. praedicto R. haered suis in perpetuum Et praeterea iidem J. V. concesserunt pro se haeredibus ipsius V. quod ipsi warrant praedicto R. haeredibus suis praedicta maneria tenementa reddit liberam piscarlam
quiet clam de ipsis A. et C. D. et F. et D. et I. et haered ipsius A. praefat W. et haered suis impepetuum Et praeterea iidem A. et C. concesserunt prose et haered ipsius A. quod ipsi Warrantizabunt praefat W. et haered suis praed tenementa et redd cum partin contra ipsos A. et C. et haered ipsius A. imperpetuum Et ulterius iidem D. et F. concesserant pro se et haered ipsius D. quod ipsi Warrant praefat W. et haered suis praedict tenementa et reddit cum pertin contra ipsos D. et F. et haered ipsius D. imperpetuum Ac etiam iidem D. et I. concesserunt pro se et heared ipsius I. quod ipsi Warrant praefat W. et hared fuls praed tenementa redd cum pertin contra ipse D et I. et heared D. Ipsius impe pet Et pro hac c. Note That several Purchases may be put in one Fine though there the several Purchasors be passing all the Lands so purchased and making all the Sellers Cognisors and all the Buyers Cognisees with a several Warranty against every Cognisor and his Heirs and declaring the use of the Fine to the several Buyers for their several parts or where there be mâ—ny purchasors two of them onely may be named in the Fine and afterwards by Indenture declaro the use as aforesaid to the rest A Fine of nine Messuages nine gardons c. and the moiety of of twenty Messuages one Water-Mill one Dovehouse c. PRaec I. P. Generoso E. uxori ejus Dorset ss quod juste c. teneant Nic. Covert gen con c. de novem Messuagiis novem Gardinis trecentis acrae terrae 100 acris Prati Centum acris pasturae 100 acris Jampo amp c bruerae ac de mediecate viginti Messuagiorum 100 Gardinorum unius Molendini aquatici unius Columbarii 60 acrarum Terrae 200 acrarum Prati 300 acrarum Pasturae 60 acrarum Bosci 100 acrarum Jampn et bruerae cum rertin in M. C. B. D. Et nisi c. Et est Concordia talis seilicet quod praed I. P. et E. recognoverunt praed tenemonta medietat cum pertin esse jus ipsius N. ut illa quae idem Nio habet do dono praedict I. et E. Et illa remisuerunt quiet clam de se et haered suis pe aedict N. et haered suis imprepetuum Et praetereaiidem I. et B. concesseiunt prose et haered ipsius I. quod ipsi Warrant praefat N. et haered suls praed tenementa medietarem cum pertin coners ipsos I. et E echaered ipsius I. imperperutim Et pro hac c. Here might be added many examples of Fines with Entails Renders Clauses of Distress c. which being seldom used at this day and more likely to confound than help those for whom I intend this Work I purposely omit adding onely one of them which follows next A Fine by Husband and Wife and another to One who Grants and Renders the same again to one of the Cognisors for 21 years to begin at a time to come reserving a Rent with Clause of Distress and afterwards the Cognisee Grants the Reversion to the Husband and Wife Cognisors and the Heirs of the Husband PRaec J. P. B. uxori ejus S. ss R. D. quod juste c. ten R. B. con c. de Manerio de C. cum pertin ac de duobus Messuagiis 40 acris Terrae 100 acris Prati quingentis acris Pastuiae 200 acris Bosci 40 acris Jampnorum bruerae cum pertin in w. Et nisi c. Et est Concordia talis scilicet quod praed J. B. R. D. recogn manerium tenementa praed cum pertin essc jus ipsius R. B. ut illa quae idem R. B. habet de dono praed J. B. R. D. Et illa remiserunt quiet clam de ipsis J. B. R. D. haered ipsius J. praedict R. B. haered suis imperpetuum Et praeceren lidem J. B. concesserunt pro se haered ipsius J. quod ipsi Warrant praedict R. haered suis manerium tenementa praed cum pertin contra omnes homines imperpetuum Et pro hac c. idem R. B. concessie praefat R. D. manerium tenementâ— praedict cum pertin Et illa ei reddidit in cadem Cur. habend tenen eidem R. D. a festo St. Michaelis Arch-Angeliquod erit in Anno Dom. 1563. usque ad finem terminum 21 annorum extunc proxime sequen plenarie complend Reddend inde annuatim praedict R. D. haered suis viginti septem libras sex solidis legalis monerae Angliae ad Fcsta Sancti Michaelis Archangeli Annuntiationis beatae Mariae Virginis per equales portiones annuat solvend prima solutione inde fiend ad Festum Sancti Michaelis Archangeli quod crit in Anno Domini 1563. Et fi contingat praed redd 27 li. 1 5. a retro fore insolut in parte vel in â—oto post aliquod festum fostorum praed quo ut praefertur solvi debeat quod tune bene licebit praefat R. D. jaered uis in manetium tenementa praed cum pertin introre distringere districtionesque sic inde cap. habet licite abducere asportate effugat penes se retinere quousque de praed redd 27. li. 6 solid cum averagiis ejusdem si quae fuerint plenarie fuerint satisfact persolut concessit etiam icem R. B. praed J. B. reversionem mancrii cenementorum praed cum pertin ac praed reddit superius expressum reservat ill cis reddidit c. Habend tenend eisdem J. B. haered ipsius J. de capitalibus dom fcodi illius per servitia c. When the parties come to acknowledge the Fines let all the Cognizors set their Hands to it and then let the Cominissioners ask them if they be willing to pass the Fine and read unto them the substance and then the Parties having made Recognizance accordingly write under the Record thus Capt. Cognit apud Civitatem Cicestr in C. S. di c. Anno Regni Dom. Caroli Secundi nune Regis Anghae c. 16 coram And then let the Commissioners subscribe their Names which must be two at least Then write on the back of the Commission thus Executio istius brevis pater in quadam Schedula eidem brevi annexa And let the Commissioners subscribe their Names there According to the Tenor of the Writ the Commissioners should set their Seals to the Concord which seemeth the best way although it be often omitted at this day If a married Woman be a Cognlzor the Commissioners are to examine her privately whether she be willing to pass the Fine and do it without Threats or Fear of her husbands displeasure which if shâ—
confesseth the Commissioners ought not to take her Cognisance If all the Cognisors cannot conveniently come to acknowledge the Fine at the same time the Commissioners may take the Cognizance of such as are present and the same Commissioners or others may take the Cognizance of the rest at another time and then write under the Concord thus Capt. et cognit per supra dictors A. et B. apud C. in Com. S. prime die Iulis Anno Regni Dom. C. Secundi Regis Angliae c. decimo quinto coram Whereunto the Commissioners must set their Hands as before and when the rest have acknowledged let them or other Commissioners named in the Dedimus write the like for the rest and let all the Commissioners who have taken the Fine set their hands to the back of the Bill Note That this Dedimus potestatem hath no certain Return so that if you execute it any time within a year after it is sued our it will be well enough Your Fine thus acknowledged you must File the Dedimus and Concord together and then carry it to the Curfitor for that County at the Cursitors Office in chancery Lane over against Lincoln-Iun who will thereupon make your Writ of Covenant which ought to bear Teste before the Dedimus because it is supposed by the Dedimus to be then depending but whether it be returnable before or after Caption of the Fine is not material though they usually make it returnable after the Caption Your Writ of Covenant thus made you are to carry to the Alienation Office where you are to compound for your Fine according to the value of the Land with one of the Commissioners there sitting If all that is passed in your Fine be not worth forty shillings by the year you must have one to make Affidavit of it before the Doctor there and then you shall pay no Fine for Composition Or if you know the value of the Land or the Purchase money you are to inform the Commissioners that they may rate the Fine accordingly If any Fine of the same Lands hath been passed not long before you are to shew that whereby you may perswade the Commissioners to tax it somewhaâ— the less The Fine thus rated you must go into the Receiver in the same Office and there pay the Fine of Composition and six pence over for entring in the Receivers Book and his signing the Writ But if the Fine were taken by my Lord Chief Justice of the Common-Pleas that fix pence is not to be paid to the Receiver When you have paid the Fine you carry the Writ to one of the Clerks in the same Office that sits next Mr. Crow who doth Indorse the Writ for which you pay four pence then Mr. Cretr's hand four pence to the Clerk that sits next by who enters it and hath six pence But if it be after Term a shilling Then get two of the Commissioners Hands to your Writ for which you may pay nothing Having thus done at the Alienation Office you are to carry your Writ again to the Cursitor who writes under the Writ thus Pro. dim marc solut pro Fine or othewise as the Fine is and will then get it sealed for you for which when you fetch it away you pay him two shillings six pence and then he will deliver you your Concord and Dedimus again which you left with him at the bespeaking your Writ of Covenant Next you are to make your Warrant of Attorney in Parchment as followeth D. ff A. B. po lo. suo N. C. Attornat suum ad prosequend breve con versus C. D. E. uxorem ejus de tenementis cam perin in E. You are to carry your Warrant of Attorney together with your Writ of Covenant to the Clerk of the Warrants who hath for filling the Warrant and signing the Writ four pence Next you are to carry your Writ to the Office called Ione's Office in Bink Court Middle-Temple ho will return your Writ and enter it and hath for that one shilling six pence Note For more expedition you may return your Writ your self before you carry it to the laft mentioned Office it is done thùs Towards the upper end of the back of pleg de Iohannes Dâ—â— the Writ proc Richardus Roe Towards the Middle Sum. Johaanes Denn Towards the Middle Sum. Richardus Fenn Towards the bottom the A. B. Miles Sheriffs Name Vic. Note It must be the Sheriff that was in Office when the Writ was Returnable Having gone thus far you are to file your Writ of Covenant Dedimus and Concord together and carry them to the Office of Cusâ—os Bâ—evium there the Secondary or his Clerks will â—enter it in his Book and Endorse the Writ for which you pay three shillings eight pence from thence you carry it to the Kings Silver-Office in Lincolns-Inne where the Fine for the value of the Land is entred for which you pay in Sussex fourteen pence Surrey ten pence most of the Western Countries eighteen pence c. Hence you are to carry it to the Secondary at the Chirographers Office who enters it in his Book and hath for it in Term time five shillings eight pence after Term six pence more Then are you to deliver it to such of the Clerks of the same Office who write for the County where the Lands lie who will Engross the Indentures of your Fine which when you fetch from him some convenient time after he will demand of you three shillings six pence if it be with one Warranty onely otherwise six pence a piece for every Warranty more How justly these Clerks demand this Fee of three shillings six pence I know not formerly they never received more than two shillings six pone And thus I have led you through the several Officers where your Fines pass At many of which you shall be enforced to wait long and often to go and come again two or three days after the Clerks hoping thereby to extort somewhat out of you for expedition which I conceive non expedit for you cannot justly demand it of your Client It is best therefore to begin with your Fines as soon in the term as you can which will save you many poâ—â— Terminus'â— Note You may acknowledge a Fine in open Court or before the Lord Chief Justice of the Common-Pleas ouâ— of Court or before any other Judge of that Court or before the Justices of Assize in the Country as well as by special Dedimus potestatem And if you can conveniently have it acknowledged any of those ways it will be less charge to the Client The Lord Chief Justice of the Common Pleas may ex â—â—ficio our if Court take the acknowledgments of Fine without any Dedimus c. but none other if therefore you are to acknowledge it before him you must draw out the Praecipe and Concord fairly in Paper and let the Cognisors set their Hands to it then go to my Lords Chamber and deliver your Concord