estouers and pastures as all other commons pastures profites and hereditaments whatsoeuer to the said premisses belonging or in any wise appertayning And afterwards the said Shirife that is to say vpon the third day of May c. by his deede bearing date vnder his hand and seale did in consideration of c. to him paied towards the satisfaction of the debt and iudgement aforesaid bargaine sell assigne and set ouer the said lease and terme of yeares yet to come of all and singuler the premisses vnto one G. H. of L. genâ— which G. H. not long after did in consideration of c. by your Orator to him paied bargaine sell assigne and set ouer vnto your said Orator all and singuler the premisses and euery part thereof Vpon which bargain and assignement of the premisses so made as aforesaid your said Orator was in verie good hope to haue peaceably and quietly entred into the premisses and so to haue occupied and inioyed the same accordingly Neuerthelesse so it is right Honorable that one R. T. of c. in the saiâ— Countie of L. pretending to haue a lease for diuers yeres yet to come of some part of the said lands called c. made vnto him by the aforesaid E. F. long time before any assignements aforesaid hath and yet doth keepe your said Orator from the possession of the said lands vpon which lease or demise a certaine yerely rent is as he saith reserued to the said E. F. his executors or assignes which as your Orator verily thinketh is c. by the yeare and which rent whatsoeuer it be your Orator by reason of the lawfull conueyance to him made as aforesaid ought both in law and conscience to haue and inioy during such terme as the said R. T. shall hold and occupie the land aforesaid by reason of the said lease which he so pretendeth to haue But because your Orator doth not certainely knowe whether the said R. T. haue any such lease neither if he haue what date it beareth what terme the said R. hath therein vnexpired what rent thereby is reserued nor what couenants are therein conteined as also your Orator can not nor knoweth not how in due forme of law to enter or commence any action against the said R. T. either for the recouerie of the said land or rent aforesaid which the said R. T. right wâ—ll knowing being a man of little or no conscience but destitute of the feare of God thinking all things well-gotten which he may get and hould without the punishment of the law doth not onely vse the said land to his great profit and commoditie without yelding or paying therefore any rent ot your Orator or any other person lawfully clayming the same but also doth vtterly refuse to shewe his said Lease whereby he claymeth to hold the lands aforesaid vnto your said Orator to the great losse and hinderance of your Lordships said Orator In tender consideration whereof and for asmuch as your Orator hath no ordinarie way by the course of the common Lawes of this Realme to enforce the said R. T. to shew forth such writings as he hath for the holding and inioying of the lands aforesaid but is and shall be vtterly destitute of all maner of helpe or meanes to obtaine the same to his great hinderance and impouerishment except your honorable Lordship of your accustomed clemencie towards all such as are oppressed do extend your fauour in yâ— behalfe so that by the order of this honorable Court the said R. T. be inforced vpon his oath to shew what right he hath to the premisses or any part thereof and likewise to set downe in his answere the true copie of the said lease verbatim or other writings whatsoeuer they he whereby he claymeth the premisses or any part of the same May it therefore please your good Lordship c. The Answere THe said defendant not knowledging or confessing the matters Sect. 134. suggested in the said bill of complaint to be true for his answere touching the same saith That the said E. F. named in the said bill of complaint was possessed for diuers yeares yet to come and induring of the said three parcels of land called or knowen by the name of c. mencioned in the saide bill of complaint by vertue of a lease thereof made by the said T. S. also named in the said bill of complaint vnto the said E. F. long before the supposed extent specified in the said bill of complaint And the said E. F. so being thereof possessed long before the said supposed extent if any such were had in such manner as in the said bill of complaynt is supposed made a lawfull demise and lease of part of the said three parcels of land conteyning fowerteene acres or thereabouts vnto the said defendant for diuers yeares yet to come and remayning vnexpired vpon which lease the said E. F. reserued a yerely rent to be paied during the continuance of the said lease By force of which lease the said defendant entered into the said fowerteene acres of land part of the said three parcels called c. and was and yet is lawfully possessed accordingly And euer since and yet doth inioy the said fowerteene acres by vertue of the said d◠〈◊〉 and lease made by the said E. F. to the said defendant and is to haue and inioy the same during the continuance of the yeares of which there are diuers yeares yet to come and remayning vnexpired And the said defendant sayeth that yâ— said complaynant is a man to this defendant vtterly vnknowen And therefore the said defendant marueyleth much of the said suit exhibited by the said complaynant into this honorable court against the said defendant touching the said premisses And further saieth that the said E. F. after the said demise and lease by him made vnto the said defendant of the said fowerteene acres of land and before the said supposed extent if any such be made a graunt and assignement of the interest and terme of the said E. F. aswell of the said fowerteene acres which the said defendant hath and occupieth by vertue of his said lease for diuers yeares yet thereof to come and coutinuing vndetermined as also of the residue of the said three parcels of land mencioned in the said bill of complaint vnto R. F. the sonne of the said E. F. vnto which graunt and assignement the said defendant was priuy And therefore the saide defendant thinketh that he is for the payment of his rent chargeable and ought by the Law to pay the same rent reserued vnto the saide R. F. and not to the saide complaynant which saide R. doth verily thinke that he is lawfull Landlord during the continuance of his yeres yet to come and induring and not the said complaynant who is altogether a meere stranger vnto this defendant And which complaynant neuer at any time heretofore demaunded any rent for the said part of the lands that this defendant hath and
right Honorable Sir Nicholas Bacon Knight Lord Keeper of the great Seale of England IN most humble wise complayning sheweth vnto your honors good Sect. 161. Lordship your daily Orators A. T. Esquier and Katharine his wife late wife vnto one R. K. deceased and one of the daughters of William W. of B. in the County of Warwike Esquier deceased for and in the behalfe of William C. sonne of the said Katharine and for and in the behalfe of Mary T. and K. T. daughters of the said A. and Katharine and of W. G. sonne of Ed. G. Knight of the body of Margaret G. one other of the daughters of the aforenamed W. W. lawfully begotten Ed. M. and Anne his wife one of the daughters of the aforenamed Ed. G. and Margaret and Tho. M. and Elizabeth his wife one other of the daughters of the said Sir Ed. and Margaret That whereas the aforesaid William W. in his life time had issue seuen daughters that is to say Margerie late wife of Thomas H. Esquier and after that wife to the ho. Sir A. C. Knight one of the Queenes most honorable priuie Councell and now Chauncellor of her highnesse Duchie of Lancaster Godith wife to B. F. Esquier Elizabeth late wife of Ed. B. Esquier deceased Mary wife of William S. Esquier Margaret wife of the said Sir Ed. G. Anne wife of Frauncis Mo. Esquier and Katharine one of your said Orators And whereas also the saide W. W. in his life time was possessed of and in diuers goods and chattels houshold stuffe plate Iewels and also entituled to certaine debts amounting to the value of tenne thousand pounds or thereabouts and so being thereof possessed and entituled did constitute and make his Testament and last Will and by the same did bequeath geue and demise to diuers and sundrie persons diuers great legacies perticulerly and certainely set forth in the said last Will amounting in the whole to the summe and value of 3500. pound or thereabouts And the residue of all his goods Chattels and debts due vnto him after his funerall expences perfourmed his debts paid and all his legacies and bequests perticulerlie contayned and mentioned in his said Will fulfilled perfourmed and payd hee the sayde W. W. by his sayde Testament and last Will did geue and bequeath to the preferment of all the children comming of hys sayde sixe eldest daughters and to W. C. Mary T. and Katharine T. three of the Children of the sayde Katherine nowe Wife of the sayde Anthonye T. youngest Daughter of the sayde W. W. to be equallie deuided amongst them by the discretion of hys executors And by the same hys Testament and last Will hee did ordayne nominate and make the sayde honorable Sir A. C. Knight Sir Ed. G. Knight nowe deceased Basill F. and W. S. Esquiers and one W. B. Esquiers deceased his Executors as by the same his Testament and last Will more at large it doeth and may appeare And afterwards in the moneth of May in the second and third yeares of King Phillip and the late Queene Mary hee the sayde W. W. dyed possessed of the sayde goods Chattels and debts amounting to about the summe or value of tenne thousand pounds After whose decease the sayde Executors did take administer and agree to the sayde Testament which speciall Legacies aforesayde eyther be or might haue beene by the sayde Executors long sithence fulfilled satisfyed and paide so as the residue should and ought to come to the sayde Children according to the sayde Will And although your sayde Oratours haue diuers and sundry tymes required the sayde Executors to make payment of so much of the residue of the sayde goods Cattalls and debts as to them appertayned yet that to doe they and euerie of them haue hitherto refused and denyed contrarie to right equitie and good conscience In consideration whereof and for as much as your sayde Orators cannot certainely tell and declare the seuerall parcels of the sayde goods Cattalls and debts nor what the sayde Executors haue payd or receiued for any manner of debts owyng by or to the sayde W. W. by reason whereof they are vnable to prosecute for their remedie in the premisses at and by the order of the Ecclesiasticall lawes of this Realme May it therefore please your good Lordship to graunt the Queenes Maiesties writ of Subpena to be directed to the said Executors c. commaunding c. A bill contayning that a lease of a rectorie and the buildings gleebe lands and tythes was made by the Deane and Chapter of a Colledge in Oxford to the plaintifes father for terme of yeares reseruing a rent And that the same by force of the said lease was long possessed That the said lease came to the plaintife by meane conueyance and that continuing the tearme the defendant suggesting to the said Deane and Chapter that the said Rectory and tythes were occupied by the plaintife without lease or title hauing a purpose to conceale and defraude the said Colledge of the said Rectorie and tythes became a suitor to the now Deane and Chapter to haue a Lease of the saide Rectorie and tythes for 21. yeares and thereupon obtained a lease thereof for 21. yeares yeelding for it the accustomed rent with an augmentation of rent corne That the defendant hauing obteyned a lease of the saide rectorie and tythes for 21. yeares sued the plaintife for the same in the Excheker at Westminster in a quo minus and that he did interrupt the plaintifes possession And then the plaintife prayeth an iniunction for stay of the saide suite and for the establishing of his possession and proces against the defendant and the Deane and Chapter to aunswere the bill To the Right Ho. Sir Io. Puckering Knight Lo. Keeper of the great Seale of England IN most humble wise complayning sheweth vnto your good Lo. your Sect. 162. dayly Orator T. B. of N. in the Countie of C. Esquier that whereas the Deane Chapter of Christes Church in the Vniuersitie of Oxford were seased in their demesne as of fee in the right of their sayd Church of in the Rectorie Parsonage of R. with the appurtenāces in the said Countie of C. being a Parsonage impropriate and being so thereof seased by their deede indented sealed with their common seale the certain date wherof to your said orator is vnknowne for wāt of hauing the same did for the considerations in the said Indenture specified demise graunt to farme let all the said Rectorie parsonage of R. with the appurtenances all maner of houses barnes glebe lands tithes fruits profits aduātages whatsoeuer to the same Rectorie parsonage belonging or in any wise appertaining vnto one R. B. late of N. in the said Countie of C. Esquier deceassed father vnto your said Oratour for a number of yeares yet enduring reseruing thereby a great annuall rent the tithes of the vicarage of R. aforesaid the patronage disposition thereof and all the woods
Fines may be leuied ANd touching the things whereof fines are leuiable we are first to Sect 25. consider the nature of the things themselues whether they will passe in fines or no And then of their names by which they may passe or not And howe they may bee in order placed in the writs Fines therefore may be leuied of all things inheritable being in Esse tempore finis aâ—d certainly expressed in the writs 18. E. 4. 22. as de messuagio tofto columbario gardino terra prato pastura bosco subbosco bruera mora iuncaria marisco alneto ruscaria redditu per Registrum fol. 2. a de Rectoria Ecclesiae parochialis de M. ac de decimis granorum garbarum foeni eidem Rectorie spectantÌ„ c. or cum omnibus decimis granorum garbarum foeni eidem Rectoriae spectantÌ„ Thel Lib. 8. cap. 9. Sect 2. de Rectoria 2. E. 3. de furlongo terre 4. H. 6. 14. de passagio vltra aquam de T. de pastura ad certos boues oâ—es alia aueria ac de communia pro omnibus animalibus vel pro omâ—â—modis auerijs vel de libera piscaria libera warrenna vel de Aduocatione Ecclesiae de D. vel de aliquo seruitio speciali vt de seruitio vnius feâ—di Militis vnius paris Calcarium deauratorum vel de seruitio inueniendi hominem equitem vel peditem ad eundem vel ad equitandum cum le Cognisee in exercitu Walliae vel Scotiae c. de Piscaria 13. E. 3. de officio 27. H. 8. fol. 12. de proficuis officij 12. E. 3. de Aduocatione Reg. fol. 165. de Corodio 18. H. 6. fol. 20. 4. E. 4. 6. de chiminio 2. E. 3. fol. 49. de proficuo molendini 18. E. 3. fo 56. de libero redditu in breui and in the concord Quod predictus A. recognÌ„ praedict ' redditum cum pertinenÌ„ simul cum homagio fidelitate B. C. haeredum suorum de totis tenÌ„tis quae c. 1. E. 3. fo 1. et 5. de frankfold ' 1. E. â— fo 1. de Nundinis Mercatu 1. E. 3. fol. 4. de franchisia 1. E. 3. fol. 4. de Minera plumbi cuiuscunque geneis metalli cum pertinenÌ„ c. Reg. fol. 165. de decimis garbarum ad Ecclesiam de N. qualiterâ—unqâ—e spectantÌ„ Reg. fol. 165. de Aduocatione tertiae partis Ecclesiae c. or detertia parte aduocationis Ecclesiae or de meditate aduocatiâ—â—is Ecclesiae or de aduocatione medietatis Ecclesiae 45. E. 3. 12. 33. H. 6. fol. 11. de Communia 4. E. 4. 6. de caruca terre de pastura ad cenâ—â—â—ues de homagio de feodo Militis Reg. fol. 166. 167. And a fine may be of a Rent charge which had no being before 21. E. 3. 44. Or of a chiefe rent or other rent in bâ—ing 18. E. 4. 22. Or of a Seigniory 48. E. 3. 23. Or of an acquitaile 50. E. 3. 23. Or of a Chauntrie 38. E. 3. 33. And of many other things may fines be leuied And as fines may be leuied of things in possession so may they be leuied of a Remainder or Reuersion 42. E. 3. 7. 44. E. 3. 45. And a Reuersion or a Remainder wil passe by the name of the lands 43. E. 3. 22. But where a fine is of a reuersion or a remainder it behoueth the cognisee Of a reuersion or remainder to sue a Quid iâ—ris clamat against the tenant When it is of rent a writ Quem redditum reddiâ— And where of a Seigniorie or seruices Per que seruitia to compell the tenant to attourne as shall be shewed hereafter Fines may be leuied of th inheritance or freehold of parsonages vicarages Of Ecclesiastical lands madâ— temporal porcions pensions tithes oblations or any other Ecclesiasticall profit made temporall and admitted to abide in temporall handes and lay vses by the lawes and statutes of this Realme of England 32. H. 8. cap. 7. And to conclude fines be leuyable of all things whereof a Precipe qd ' reddat lyeth as will appeare by the examples following And landes bought of diuers persons may passe in one fine and then Of diuersâ— purchaseâ— the writ of Couenant must be brought by all the vendees against all the vendors And euery vendor must warrant against him and his heires onely for it is absurd that one man should warrant the sale of an other without consideration And such ioint fines seeme reasonable especially where the seuerall purchases be of so smal value as the charges of a fine would exceed the value of some of them But fines may not be leuied of things incertaine as de tenemento Incerteinty Tenement 3. E. 4. 19. 11. H. 7. 25. 12. H 7. 6. 47. E. 3. Nor of lands giuen in taile by the king for it is void against the issue Taile by the King entaile and the king 32. H. 8. cap. 36. Br. Fines 121. Nor of lands restrained from being sold by act of Parliament 32. H. Restraint 8. cap. 36. Nor of lands of the husband or of his auÌ„cestors assured for Iointure Dower Ioiture Forfeiturâ— dower or in taile to any woman by meanes of her husbande or his auncestors for such fine worketh a present forfeiture of her estate if she graÌ„t a greater estate then for her life 11. H. 7. cap. 20. Plow fol. 459. Nor of lands seised into the kings hands before Liuery or Ouster le Lands seised maine â—â—ed 24. E. 3. 65. Nor of lands in AuÌ„cient demesne for if any fine be leuied of such laÌ„ds Auncient demesne it may be reuersed by a writ of Disceit brought by the Lord of Auncient demesne therby he shal be restored to his seigniory and it seemeth to be void betweene the parties quia coram non Iudice 7. H. 4. 44. 8. H. 4. 23. 21. E. 3. 20. Reg. fol. 13. b. de Fine adnullando c. Yet it is holden good to bind the parties 17. E. 3. 31. and 7. H. 4. Br. Fines 101. which seemeth not to be law But if such fines be of lands in Auncient demesne and of lands at the Auncient demesne and lay fee. common law it shal be still good for the lands at the common law 7. H. 4. 44. 21. E. 3. 20. By what names things may passe in Fines NOw that we haue partly set downe what may passe in fines let vs Sect 26. Names see by what names the same may passe An Honor this may passe by the name of a Manor or by his proper name as de honore de Tickhill or de manerio de Tickhill It suffiseth also to demaund a Manor by his proper name without naming A Manor of the Towne wherein it lyeth For it may be out of any towne or extend into seueral townes counties as de manerio de D. cum pertinÌ„ yet it feemeth best to expresse
tenant nor at his appearance nor vntill the plaintife pray execution And then the coment cosin heire is to be entred thus in the Roll onely Et praedictus I. dicit quod ipse est consanguineus haeres I. W. videlicet filius haeres T. W. fratris haeredis eiusdem I. W. 33. H. 6. 54. 41. E. 3. 13. 24. 8. H. 4. 31. In Scire facias by him in the remainder vpon an estate tayle vers A. Bastardy B. supposing the donee to be dead without issue if A. B. plead that he is issue to the donee and the plaintife replieth that he is a bastard it is a good replication 40. E. 3. 16. Scire facias vpon a fine leuied to T. R. and W. and to the heires of Vpon estate executed the bodie of R. the remainder to the right heires of the said W. T. died and R. died without issue and W. suruiued and died his heires need no Scire facias to execute this fine because it is executed in his life by the vnion of the fee and franktenement in W. 40. E. 3. 20. And so if a fine be leuied to baron feme and to W. and his heires he dieth and then the baron and feme do die the fine is executed for one moitie in the life of W. Fitz h. Scire fac ' 19. 42. E. 3. 9. 24. E. 3. 57. Tenant for life in Scire facias had ayde of him in remainder 41. E. 3. Aydâ— fol. 16. and 20. 22. E. 3. 12. In Formedon in Reuerter or Remainder the demandant must meÌ„cion Death shewed the death of euery one which had estate and suruiued his auncester But not so in a Scire facias sur fine 42. E. 3. 19. If the plaintife haue seuerall estates created by one fine needeth but Seuerall estates one writ of Scire fac ' 43. E. 3. 11. though it be of seuerall things against seuerall tenants 11. H. 4. 15. 21. E. 3. 14. 24. B. 3. 25. If in a Scire facias the Shirife cetorne the partie summoned and he Default appeare not execution shall be awarded 43. E. 3. 13. â— If a fine sur cognizance de droit come ceo c. be leuied of a reuersion Reuersion by the name of the land it is not executory 43. E. 3. 15. If the seruices escheat after a fine leuied of the seigniory the Cognizee Seigniory shall haue execution of the land escheated 48. E. 3. 11. A Scire fac ' lieth sometimes of things not comprised in the writ as Of things ouâ— of the writ if in a fine sur releas the Cognizee render rent in taile 49. E. 3. 8. If land be giuen by fine for life the remainder to baron feme in Execution by entrie of him in remainder tayle the baron dieth then the tenant for life dieth and the feme entreth the fine is execute so as their issue needeth no Sci. fac ' 49. E. 3. 12. Scire facias lieth for the donor in taile against any that abateth after Of a Reuersion the death of the donee in taile by fine without issue 22. E. 3. 12. Vpon general Nontenure pleaded the plaintife may take executioÌ„ at Nontenure general or special his peril But special Nontenure seemeth a good plea 7. H. 6. 25. A man shall not haue execution vpon nihil retorned because the tenant Nihil retorned may be summoned in the land demaunded 24. E. 3. 25. If a fine be leuied to husband and wife in taile the remainder to his Demy sank right heires they hauing issue the husband dieth the wife hath issue by another husband and dieth thissue by the first husband entreth and dieth without issue and his next heire entreth as into the remainder in fee against whom the issue by the second husband bringeth a Scire fac ' and recouereth by reason that the fee could neuer execute in possession in thelder brother during the state tailly 24. E. 3. 30. 62. Feoffement with warranty from the plaintifes auncestor is a good Feoffement plea in Scire facias vpon a fine 22. H. 6. 39. The heire shall haue his age in Scire fac ' ContrÌ„ WestmÌ„ 2. cap. 45. 24. E. 3. 29. 60. What fines with proclamations barre not thissue in taile NO fine leuied by tenant in taile barreth his issue maintenant but Sect. 180. where the tenant in taile is cognizor as if tenant in tayle bring a writ of Couenant against an Estranger and recognize the land to be the right of the tenant in taile as that which he hath of his gifte c. and the tenant in taile graunt and render the land to the cognizor for yeares yeelding rent c. die this fine is void against thissue in taile M. 10. 11. Eliz. Dyer f. 279. p. 7. 36. H. 8. Br. fines 118. A fine with proclamation leuied by tenant in taile the reuercion or remainder being in the king bindeth not thissue in tayle as it seemeth Br. fines 121. But if such lands weare entailed by the king such fine barreth not thissue in tayle 32. H. 8. ca. 36. If an EstrÌ„ leuie a fine to tenant in taile sur cognizanee de droit come ceo que il ad de son done and he render to him a rent in fee and die after proclamation yet thissue in taile may auoid it for he is remitted and the rent is another thing then the land 15. Eliz. Plo. fol. 435. b. per Thornton If tenant in tayle of an aduowson graunt and rendre by fine the nomination of the Clerke it is void 15. Eliz. Pl. f. 435. b. ê‘ Thornton If tenant in taile of a rent disseise the tenant of the land and leuie a fine with proclamacion of the land thissue in taile is not barred for the rent because the fine was not leuied of the rent but of the land per Thornton and granted 15. Eliz. Plo. f. 435. b. If tenant in taile graunt a rent by fine his issue may auoid it 15. Eliz. Plow 436. 14. ass p. 4. What time after a fine leuied and proclamation made any man hath to enter or claime by action or otherwise who are therby barred forthwith and who not Hetherto of the formes and execucion of fines now let see how they may be auoided TO know what time ê‘sons that haue cause to enter or claime may Sect. 181. enter or claime after a fine leuied many things are to be weyed for some ê‘sons haue more time some lesse for the discussing of which question we must not onely consider the qualitie of the persons which should claime or enter but also the qualitie of their rights and estates And the parsons be either such as are void of impediments or such as haue impediments And the same be either parties or priuies to the fine or estrangers to the same And againe they haue either present right or future
law D. S. lib. 1. cap. 30. 44. E. 3. 5. 2. H. 4. 13. Fitz. Na. br fol. 152. If tenant in taile be disseised and die and a collaterall aunceâ—â—er to the heire in taile release to the disseisor with warrantie and die and the same warrantie discend vpon the said heire he is barred in law and conscience D. S. cap. 31. 35. H. 6. 63. 41. E. 3. 7. 45. E. 3. 23. 19. H. 6. 59. 15. H. 7. 9. 10. 21. H. 7. 39. 3. H. 7. 9. Tenant in taile after possibilitie of issue is dispunishable for wast by law and conscience because he had once inheritance 45. E. 3. 3. 39. E. 3. 16. and thereby power to wast without punishment which power endureth so long as his estate D. S. lib. 2. cap. 1. If a man be outlawed before he haue knowledge of the suit albeit the surmised cause of action be vntrue yet the Queene may haue his goods by Law and conscience by reason of his disobedience in not appearing to the hindrance of the effect of law for he is bound to take notice of the suit being of record at his perill And the forfeiture groweth by a generall Maxime made for the necessarie execution of Iustice But it seemeth the defendant may haue remedie in conscience against him which caused him to be outlawed without iust cause D. St. lib. 2. cap. 3. 21. H. 7. 7. 9. H. 6. 20. If an estranger do wast lands which another holdeth for yeares life in dower or by the curtesie without the tenants assent the owner of the reuersion may recouer the place wasted and treble dammages against the tenant in law And in conscience notwithstanding that the stranger be insufficient to recompence him for the same for it is his owne act and follie to take such estate subiect to the chance D. S. lib. 2. cap. 4. If a real action be brought by a very lawfull heire and yet bastardie being pleaded in him he is vntruely certified by the Ordinarie to be a bastard and so barred the tenant knowing this certificate to be vntrue ought not in conscience to reteyne the land yet is there no remedie for him in law nor in Chauncerie as it seemeth for that the Bishops certificat is the highest triall that the law affordeth in this behalfe And euery stranger may take aduantage of this certificate and no moe writs may be awarded for further trialll of the trueth thereof for the auoyding of the incoÌ„uenience which might happen if another Bishop should certifie such bastard to be legitimate D. S. lib. 2. cap. 5. If a feoffement in fee be made without deed or a gift in taile or a lease for life the remainder ouer in fee Or if tenant for â—fe graunt his whole estate by deed Poll reseruing rent in these cases the reseruation is void in law and there is no remedie therefore but in conscience D. S. lib. 2. cap. 9. Learne whether Executors or Administrators hauing assets be compellable in Chauncerie to make amends for trespasse done by their testator or to pay debt due by him vpon a simple contract Do. St. lib. 2. cap. 10. If tenant in fee haue two sonnes and die and I. S. abate and thelder sonne make his executors and dieth and the yonger recouereth against the abator in Assise of Mortdauncester the lands and damages from the death of his Father the executors of the elder brother haue no remedie for the damages accrued in his life time as it seemeth Do. Stu. lib. 2. cap. 13. Tenant in dower hath no remedie in Equitie against the alienee of her husband for damages growing betweene his death and her demauÌ„d D. S. lib. 2. cap. 13. Tenant for life disseised dieth his disseisor dieth his heire entreth against whom the owner of the reuersion recouereth the landes but no damages by law nor Equitie D. S. lib. 2. cap. 13. If a man seised of lands knowing that an other hath good right thervnto leuieth a fine with proclamation to extinguish such right And maketh no claime within v. yeres he is remedilesse in law and Equitie D. S. lib. 2. cap. 14. A man seised of lands in fee hath a daughter she marieth and hath issue her father dieth the husband so soone as he knoweth of his fathers death hasteth to take possession of the land but before he come to it his wife dieth he shal not be tenant by the Curtesie of England by law nor conscience because he had not actual possession thereof in the life time of his wife D. S. lib. 2. cap. 15. If without consideration a new rent be graunted without deede or a reuersion without attornement the grauntee is remedilesse Do. St. lib. 2. cap. 15. A man seised in fee of lands holden by Knights seruice deuiseth the whole to A. B. the deuisee thereof is remedilesse for a third part thereof for that there is no Maxime in law for him D. S. li. 2. ca. 15. If the tenant make a feoffement of the land which he holdeth by prioritie taketh estate thereof backe againe and dieth the Lord of whom he held by priority is remedilesse D. S. lib. 2. cap. 15. If the grauntee of a rent charge take a feoffement from the grauntor of parcel of the lands charged to his owne vse the whole rent is extinct by the vnitie of possession because such rent is against common right And the law deemeth it his owne folie to accept the feoffement and neither his ignorance of the deede nor of the law can helpe him D. S. lib. 2. cap. 16. 17. Yet Quaere in Equitie because the grauntor himselfe is priuie to the said feoffement D. S. lib. 2. cap. 17. A. graunteth a rent charge out of two acres of land vnto B. and then infeoffeth H. of the one acre in fee to his vse and after H. intending to extinguish the whole right causeth the same acre to be recouered against him by common recouerie in a writ of Entre sur disseisin in le Post in the name of the said grauntee not knowing thereof and of an other man who by force thereof entreth and dieth so that the grauntee is sole seised of all the same acre by suruiuor to thuse of the said H. The whole rent is hereby extinct by law through the vnitie of possession though the vse be to H. it is also extinct in conscience as to the grauntor because he is neither party nor priuie to that by which thextinguishment groweth But Quere whether in conscience the grauntee ought to haue the whole rent of H. who caused the said recouerie to be so had Do. S. Lib. 2. cap. 17. If a Villein graunted for life purchaseth lands in fee and the grauntee entreth before the villein alieneth the same the grauntee shall haue the land for euer as a perquisite by reason of the villein And this both by Law 5. E. 4. 61. and by conscience D. S. lib. 2. cap. 18. Perkins Sect ' 94. 95. 96. 97.
If one haue a villein for yeres as executor who purchaseth lands in fee thexecutor by law and conscience shal haue the same lands in fee to the behoofe of his testator and they shall be deemed assets in his hands D. S. lib. 2. cap. 18. because he hath them by reason of his villein If a Lawier ignorantly or affectionately giue wrong counsel to his client who followeth it to his trouble and losse yet is he remedilesse as it seemeth D. S. lib. 2. cap. 19. Therefore it is good to aske aduise of none but such as be learned in the Lawes and of good conscience If a man without consideration giue landes by Indenture to H. and his heires vpon condition that if he pay not vnto I. S. ◠li. rent yerely that then the said I. S. may enter c. which rent is not paid yet the said I. S. may neither enter by law nor conscience because he is neither party nor priuie to the said condition notwithstanding the intent of the giuer for such intent being not grounded vpon the law is void D. S. lib. 2. cap. 20. Plo. 25. B. But the feoffor as it seemeth may lawfully reenter because the words of the Indenture implie a condition in law to that effect D. S. lib. 2. cap. 23. If a man without consideration confirme thestate of his lessee for life the remainder to another in fee this remainder is void in law and equitie because a Remainder cannot commence but at the same instant that the particuler estate whereupon it dependeth began D. S. lib. 2. cap. 20. Plow 25. b. yet the feoffor and his heires in this case may enter for the breach of the said condition If by a feoffement indented it be agreed that the feoffee shall yerely pay to A. B. and his heires a certein rent and that if he pay it not that A. B. and his heire may enter c. albeit the feoffee pay not the money yet may neither the said A. B. nor the feffor enter for that there is no clause of reentre in the said deede Howbeit it seemeth he may haue remedy in Chancerie for the said yerely payment D. S. h. 2. ca. 21. If A. promise to giue vnto B. a summe of money or other thing of meere motion without any consideration the partie is not bound to performe this promise either by law or in Chaūcerie because it is Nudum pactum D. S. lib. 2. cap. 24. If A. promise to giue B. x. s. in consideration of a trespas by him done vnto B. yet A. is not thereby bound in law nor conscience because this is an accord for which none action lieth And notwithstanding this accord B. may haue his action for the said trespas because the concord is executorie D. S. lib. 2. 24. If a man haue one sonne before mariage and an other after and bequeathed all his goods to his sonne and heire it seemeth both in law and conscience that the sonne borne after mariage shall haue the goods for he is heire by the common Lawes of the Realme of which the Spiritual Iudges are bound to take notice and to giue sentence accordingly of temporal things Notwithstanding that by the common Lawes the othersonne is legitimate and the testators heire for the auoiding of the inconuenience which might happen by the contrary iudgements in seuerall Courts In like maner temporall Iudges seeme bound in conscience to take notice of the common Law when they are to Iudge spirituall things and to order their Iudgements according to the same D. S. lib. 2. ca. 25. Iointenants and tenants in common of an Aduowson must within vi Monethes after auoidance agree and ioine in presentment of their Cierke And the eldest sister of Coparceners must present first and then the second by turne or by such composition as they make thereof except the yongest coparcener be the kings ward in which case the presentmēt belongeth to the king And if they keepe not this course of presentment within the sixe Monethes they loose their presentment for that time And the Ordinary may present by Laps both in law and conscience D. S. lib. 2. cap. 33. And if the auoidance be by death cession or creation the 6. Monethes commenc◠at the death creation or cession the patron is bound to take notice thereof And if by resignation or depriuation then from notice thereof giuen by the Ordinary to the Patron If by vnion from the agreement how they shall present D. S. lib. 2. cap. 31. The wife suruiuing her husband which tooke a lease for yeres or life in both their names may lawfully and with good conscience waiue and relinquish it So may an Executor refuse a terme made to his testator if he haue not assets Do. St. lib. 2. 33. If A. infeoffe an Abbot by deede indented vpon condition and the Abbot onely performeth not the condition the feoffor both in law and conscience may reenter and haue his land againe as in his former right D. S. lib. 2. 34. Warrantie collaterall A Man seised of lands in fee hath issue two sonnes the elder brother goeth beyon◠the Sea remaineth there vntil it be commonly reported that he is dead the father dieth the yonger brother entreth into his lands as his heire and alieneth with warrantie and dieth without issue of his body leauing no land to discend to his next heire and afterwards the elder brother returneth and claimeth the landes in his owne right yet is he barred by Law and conscience for that it is the act of his auncester whose heire he is by whom as he might haue had aduantage to haue had his lands by discent from his as his heire if he had had any so it seemeth reasonable that for the priuitie of bloud he sustaine disaduantage by him because both the seller and the buyer were ignorant of the elder brothers life and right by reason of his owne absence D. S. lib. 2. cap. 49. Litt̄ sect̄ 704. 705. 707. But if such heire were vouched by force of such warranty he might enter into the warrantie as one that hath nothing by discent from that auncester and so auoid the warranty Debtagainst one as heire If the father bind him and his heires for the payment of a debt die leauing assets by discent to his sonne heire he is bound to pay the debt by law and conscience because he hath such benefit by him Do. St. lib. 2. cap. 49. 26. H. 8. fo I. 40. E. 3. f. 38. 12. E. 3. f. 9. 13. E. 3. fo It is agreable both with law and conscience that a man outlawed either in felouie or in actions personals shall forfait loose all his goods because it is so ordeined for the necessitie of the admmistratiō of Iustice D. S. lib. 2. ca. 49. 43. E. 3. fo 18. 21. Ass 21. 39. H. 6. fo 26. 21. H. 7. f. 7. 49. E. 3. f. 5. 16. E. 4. fo 6. The like is of forfaiture of goods attached by
Orator hath paid by the handes of F. B. to the said I. W. and in discharge of some debts due by the said I. W. and by his appointment at seuerall times the summe of lxx l' vi s̄ viii d. which the said I. W. hath also accepted in part of payment of the said summe of one hundred and fiftie pounds which said seuerall summes the said I. W. hath from time to time accepted as in part of paiment discharge of the said summe of 150. l' And your said Orator also standeth bound for the onely debt and duetie of the said I. W. for the payment of 20. l' more vnto I. P. Esquire which your said Orator alwaies hath beene and yet is readie to pay for the said I. W. when he shall be thereunto required so that your said Orator hath in the whole paid and satisfied vnto the said I. W. and in discharge of the debtes of the saide I. W. the full summe of one hundreth fourescore and eight poundes and more which is more then your said Orator needed to haue paide vnto him as anie money due vnto the said Anne wife of the said I. W. for the saide I. W. doth very well knowe that the said H. B. did not deuise or bequeath any more vnto the said Anne then the summe of one hundred pounds And doth also very well know that he hath diuers and sundrie times vpon the receipt and payment of the saide seuerall summes not onely confessed the receipt of the same but also faithfully promised vnto your said Orator that he would cancell and deface the said obligations yet notwithstanding so it is if it may please your good Lordship that albeit the said I. W. doth very well know that your said Orator hath fully satisfied and paide vnto him the said summe of one hundreth pounds bequeached by the said H. B. vnto the said Anne and hath also fullie satisfied and payed vnto him fourescore and eight poundes and more parcell of the said hundreth pounds which your said Orator gaue vnto the said Anne of his owne free liberalitie and for the aduancement of the said A. and that the said Obligations viz. one of one hundreth poundes for the payment of fiftie pounds and one other Obligation of two hundred pounds for the payment of one hundred pounds which your said Orator became bound in vnto the said I. W. were for the selfesame debts which your said Orator hath at seuerall payments as is aforesaid paid vnto him in discharge and in part of satisfaction of the said seuerall Obligations ought in all right equitie and good conscience to be cancelled and defaced vpon the payment of the residue of the said summes which is behind and which your said Orator is readie to pay yet he the said I. W. hauing a very greedy and couetous disposition to enrich himselfe albeit he doth very well know the said seuerall Obligations to be in effect fully satisfied and discharged as is aforesaid and that he hath not at any time beene any thing dampnified by the for bearing of the said seuerall summes yet hath he now lately commenced suite vpon one of the said Obligations in her Maiesties Court of Kings Bench and vpon the other Obligation in her Maiesties Court of common Plees meaning to take the whole forfaiture of the said seuerall Obligations against your said Orator in that your said Orator did not in trueth alwaies pay vnto him the said seuerall summes according to the condition of the said Obligations but did alwaies pay the same at such times as the said I. W. had occasion to vse it and as he did at any time demaund it and doth with all the expedition he can and with the most hardnesse that he may vse seeke to recouer the penalties of the said seuerall Obligations against your said Orator contrarie to all right equitie and good conscience and to the great hurt and hinderance of your sayd Orator And albeit your sayd Orator hath diuers and sundry times earnestly required of the sayd I. W. not only to cancel and deface the sayd Obligations vpon the paiment of the residue and surcease his seuerall suites commenced vpon the same yet that or any of them to do he hath denied and refused and still doth denie and refuse contrary to all right equitie and good conscience In consideration whereof and for asmuch as your said Orator hath no good matter to pleade in barre of the said seuerall Actions by course of the common Lawes in that albeit he hath in truth paied and satisfied the said seuerall summes in such sort as the sayd I. W. held himselfe contented therewith yet can he not make any proofe of the paiment of the same according to the conditions of the said seuerall Obligations And for that also the said I. W. hath not in any sort bin dampnified by the forbearing of the said summes of money or any part thereof and yet if he had forsomuch as your said orator hath fully paied vnto him fowerscore eight pounds more then he neede to haue paied and that of his owne liberalitie there is now no reason why he should seeke by rigor of law to take the forfeiture of the said seuerall Obligations albeit it were true that the same were not fully satisfied and discharged in such sort as they ought to be May it therefore please your good Lordship to grant vnto your said Orator the Queenes Maiesties most gracious seuerall writs of Subpena and Iniunction to be directed to the said I. W. not only straightly charging and commaunding him by the same at a certaine day and vnder a certaine paine therein to be contained limitted personally to appeare before your good Lordship in the Queenes Maiesties most high Court of Chancerie then there to answere to the premisses but also inioyning him by the same his Counsellors Attorneys and Solicitors to stay and surcease the said seuerall suits and no further to proceede in the same vntill other order shall be therein taken by your good Lordship And your said Orator shall pray for your good Lordship in honor long to indure A Bill for the detaining of a lease for yeares and taking the profites of the lands leased and secret taking of a Cow distreined and impounded by the plaintife out of the pound and charging him with thee esloyning of the same Cow HVmblie complaining sheweth to your good Lordship your daily Sect ' 72. orator N. C. of H. in the countie of D. Gentleman That whereas one T. E. of H. aforesaid gentleman was lawfully seazed in his demesne as of fee of and in diuers and sundry lands tenements hereditaments with the appurtenances set lying and being in H. aforesaid And he so being thereof seised about the 20. day of May in the 27. yeare of the raigne of our soueraigne Ladie the Queenes Maiestie that now is at H. aforesaid for and in consideration of a certaine summe of money to him by the said N. C. well
the bargaine and couenants therein contained they the said T. and G. being as is aforesaid vnder the age of one and twenty yeares at the time of the making thereof It may please your honorable Lordship the premisses considered to grant vnto him this complainant the Queenes Maiesties most gratious writ of Subpena to be directed to the said R. E. T. E. and G. E. and euery of them thereby commaunding them and euery of them at a certaine day and vnder a certaine paine therein by your good Lordship to be limitted to be and personally to appeare before your honorable Lordship in the Queenes Maiesties high Court of Chancery then and there to answere vnto the premisses and further to stand to and abide such order and direction therin as to your good L. vpon the hearing of the said cause shal seeme to be agreeable with right equity and good conscience c. A Bill against the heire for entring into lands deuised to the plaintife praying a Commission to examine witnesses in perpetuam rei memoriam HVmbly complaining sheweth vnto your good Lordshippe your Sect. 110. poore and distressed orator G. W. of N. in the County of N. yeoman That whereas W. W. deceased father vnto your said Orator was in his life time lawfully seised in his demesne as of fee of and in the manor and Capitall messuage of N. in the County of N. and of and in one farme set lying and being within the parish of W. in the said County of N. of diuers other lands tenements hereditaments in N. aforesaid And also whereas the said W. W. deceased was likewise in his life time lawfully seised in his demesne as of fee of in certaine ground and one tenement with the appurtenances set lying and being within the parish of C. in the Countie of D. and also of and in the rectorie and personage of C. alias C. within the said County of D. and of diuers other landes and tenements set lying and being in the countie of N. and D. and he so being of the said landes and tenements seised did by his last Will and Testament in writing deuise and bequeath vnto your said humble Orator and to the heires males of his bodie lawfully begotten certaine parcels of land of and in the saide Manor of N. that is to say one mansion house wherein your said poore Orator now inhabiteth and dwelleth one close commonly called B. containing by estimation two acres or thereaboutes one other close commonly called C. containing by estimatiō two acres or therabouts one other close commonly called the vpper S. all which seuerall parcels of land are scituate lying and being in N. as is aforesaid in the foresaid Countie of N. one messuage or tenement commonly called by the name of an oxgang scituate and being in W. in the said County of N. and also one tenement called the N. scituate lying and being in the Countie of D. and also one lease of the rectorie and personage of C. in the County of D. by vertue force of which said deuise and bequeath your said humble Orator entered into the said premisses and the saide issues and profits of the same hath perceiued receiued and taken to his owne profit vse and behoofe as lawfull was for himselfe to doe as he verely beleeueth But now so it is if it may please your honorable good Lordship hhat one R. W. brother to your said humble Orator as sonne and heire apparant to the said W. W. his father deceased hath taken away concealed and cancelled as it is thought the said last Will and Testament of your said Orators father and hath taken vpon him the administration of all the goods and chattels of your said Orators father reiecting and disanulling the said last Will and Testament made by your said Orators father as aforesaid to thintent only therby of set purpose malice and vnbrotherlike dealing to defraud expell depriue and disinherit your said Orator of his right title and interest of and in the said lands deuised to him as aforesaid and also doth threaten your foresaid Orator that he may at his pleasure relinquish and disanul the beforesaid last Will and Testament made by your foresaid Orators father as is aforesaid and did take the administration of all your said Orators fathers goods and chattels and entred into all his said landes as is aforesaid contrarie vnto all right equity and good conscience and not christianlike but vnbrotherlike dealing and contrarie to the true intent and good meaning of your foresaid Orators Fathers Will made as is aforesaid vnlesse your good Lordship doe according vnto your accustomed goodnesse extend your clemency and pitty in that behalfe to your poore Orator In consideration whereof the premisses considered and for as much as the title of your said Orator by reason of the vndirect practise vsed as aforesaid in concealing cancelling and relinquishing the said last Will as aforesaid doth greatly depend vpon the witnesse and testimony of certaine persons dwelling within the County of N to prooue the true meaning of your said orators fathers Wil which are of great yeares and also very impotent not like long to liue nor yet able to trauell to this honorable Court to be examined for the testifying of the trueth touching the premisses as by common order appertaineth And also for that in time the said witnesses may die and by meanes thereof your said Orator may be in danger to sustaine disinherison of the premisses May it therefore please your good Lordship to grant the Queens c. A Bill for refusing to receiue the Plaintifes rent according to an order and taking of forfeiture of a bonde made for payment of the rent HVmbly complaining sheweth to your good Lo. your daily Orator Sect ' 111. I. T. of G. in the County of N. yeoman that whereas one I. K. of W. in the County of Yorke Miller pretended as in the right of his wife to be owner of a certaine messuage in E. in the County of N. aforesaid and of certaine land meadow and pasture thereuuto belonging and lying within the fields of E. aforesaid and the said I. R. so pretēding himselfe in the right of his said wife to be seised as is aforesaid about the 19. or 20. yeare of the Queenes Maiesties most gratious Kaigne that now is did demise the said messuage and land in E. aforesaid vnto your said Orator and one A. L. Gentleman to haue and to hold to them for the terme of 21. yeares from the time of the making thereof rendering therefore yeerely the rent of xx s̄ payable at Whitsontide and Martimnas by euen portions for the payment of which said rent of xx s̄ he the said K. knowing himselfe the title thereof to be questionable and likely to grow to some charges in law to your said Orator to defend did therefore cunningly get your saide Orator to become bound in an obligation of xx l for the yearely paiment of the said
the said seuerall mannours extended as aforesaid vnto your Orator to hold them in extend vntill your Oratour were of the saide summe of 1200. l with his costs and expences herein sustayned fully satisfied paid By vertue of which said writ the said Clement Paston then Sherife did deliuer in extent to your saide Oratour the xii day of March then next following the foresaid seuerall mannors of H. W. A. and B. with the two faires holden twise by the yeare and the market of H. there holden euery weeke with the hundred of F. with their appurtenances And the said mannor of H. with the appurtenances And also the said mannor of S. Mo. and WO. with thaduowsons patronage of Sw. M. and W. with their appurtenances together with the mannor of B. with thappurtenances the foresaid mannor of A. with thappurtenances to hold to your said Orator his assignes according to the said extent vntill the said debt of 1200. l together with your Orators costs and damages were taken and leuied of the premisses By vertue whereof your said Orator was of the premisses possessed and so being possessed the said Lord Mo. before that your said Orator had or could receiue any profit of the premisses or of any part or parcell thereof by meanes or reason of the said execution thereupon made deliuered to your saide Orator did make humble suit to your ho. Lordship that it would please the same to moue your sayd Orator to forbeare the taking of the issues rents profits of the said seuerall manors other the premisses from the molesting of the farmors tenants occupiers thereof for the same vntill your ho. Lordship or some others to be by your Lordship apointed had heard determined the cause and reckoning betweene the said Lord M. your said Orator whereupon your said Orator was content at the motion request of your ho. Lordship to permit the tenants of the premisses to continue in their possession quiet and to forbeare the taking of the rents and profits thereof and to referre the hearing and ending of all reckonings demaunds betweene your said Orator and the saide Lord Mo. to the order and determination of maister Doctor S. one of the maisters of this most honorable Court of Chauncerie to S. B. Gent̄ one of your Honors Secretaries being thereunto assigned and apointed by your Lordship in fauour of the said Lord Mo. who entred into examination of the premisses in controuersie betweene the said Lord Mo. and your said Orator and by their mediations and at their requests your saide Orator was content in forgo neere the summe of 100. pound of his iust demaund so that the said Lord Mo. would content and pay the residue to your said Orator in such sort and at such times as the said maister S. and maister Br. did conclude and set downe but the said Lord Mo. meaning and intending still to delay your said Orator and to keepe him both without his money and the profits of the said mannors and other the premisses with the appurtenances whcih were deliuered vnto your said Oratour in execucion towards the satisfying of the debt costs and damages did not only neglect to performe the saide agreement and order taken by the saide maister S. and maister Br. but hath and doth vtterly refuse and denie to performe the same by reason whereof your said Orator for the leuying of his debt costs and damages did purpose and intend to take the benefit of his said execucion and for that end your said Orator about the feast day of S. Michaell the Archangell last past trauayled into the saide Countie of Norffolke where the saide mannors and premisses do lye and there did offer to keepe Courts and did likewise require the tenants occupiers and farmors of the saide mannors and premisses to render and pay to your said Orator the rents issues and profits then due for the said premisses to your said Orator and therewithall your saide Orator did require the saide tenants and occupiers of the saide mannor and premisses to discouer and make knowne to him how and in what sort and by what title they and euery of them did hold claime and enioy the seuerall parcels of the said premisses which they the said farmors and occupiers did seuerally occupie possesse and enioy to the end that your saide Orator might hereafter be assertained and fully instructed how to demaund recouer and come by the rents reserued vpon their seuerall estates and interests which be rightfully belonging and appertayning to your saide Oratour by reason of the saide extent but so it is if it may please your honourable Lordship that the saide L. Mo. T. L. Tho. B. Theodora Goodwin Hen. Blage Steward Thomas Louell Thom. More Henry Hynde Rich. Handford Edmond Coles Tho. Baylie Wil. Drake Geo. Thurstone Rap. Story being all Owners Farmors Tenants Occupiers and Officers of the sayde Mannors and premisses in whose hands and keeping all the Court Rolles Rentalls Leases and counterparts thereof which touch or concerne the saide mannors and premisses or any part or parcel thereof be and remaine Haue confederated together both to defeate your Orator of his lawfull execucion and estate in the premisses and also to defraude and vtterly to take away from your said Orator the rents issues and profits thereof and therefore and for that end the saide Lord Mo. c. did not only denye and refuse to permit and suffer your saide Orator or any other person to his vse to enter into the saide mannors and premisses or to keepe any Courts in and vpon the same but also did and do denie and refuse to pay to your saide Orator any free or farme rents for the saide mannors or premisses or to shew to your said Orator how or by what leases or other titles they or any of them do possesse or enioy the premisses or any part or parcell thereof or what rents or seruices ought to be paid for the same by reason whereof your saide Orator is like to be kept from the benefit of his said execucion against all right equitie and conscience vnlesse your ho. accustomed help be vnto him in this behalfe extended In tender cōsideration whereof for that the said Lo. Mo. c. being owners occupiers of the mannors premisses aforesaid and do conceale keepe from the knowledge of your said Orator aswell your yearely rents seruices fermes as also the sight of their seuerall Indentures of Lease as also the Courtrowles whereby your Orator is without remedy either to recouer any yearely ferme or other the rents and seruices of the Freehold or Copyhold lands pertaining to the said mannors and for that your Orator hath not the counterpanes of your said Indentures of Lease neither knoweth the dates of them nor the certeintie of your fermers reserued or of the rents seruices due payable for your said lands hauing not the Courtrowles to shew forth so as your Orator cannot
in his demesâ—e as of fee by disseisin as is aforesaid of the said mese orchard garden and croft without that that the said defendant I. W. did hold the said mannor of Capishorne of the saide complainant in manner and forme and by such seruices as by the said bill of complaint is alledged Or that there is any such mannor of C. to the knowledge of this defendant or that the said I. W. did or doth hold the said mannor of C. of the said complainant to the knowledge of the saide defendant or that the saide defendant had any other meses lands or tenements which at any time were the meses lands or tenements of the saide I. W. other then the said mese lands and tenements called W. or that the said mese lands and tenements called W. are or at any time were parcell of the said mannor of T. and if the said mese lands and tenements called W. had beene parcell of the said mannor of C. as they were not or if the saide defendant did hold the saide mese lands and tenements called W. of the said complainant acording to the quantitie of the said rent and seruice as the said complainant by his saide bill of complaint hath supposed as he doth not indeede yet forsomuch as the said complainant is seised of parcell of the said lands and tenements called W. by disseisin as is aforesaide and the same mese lands tenements called Woodford are holden all by one entire tenure the whole rent and seruices are suspended during the time of the saide deseisin and the said defendant is and ought by the lawe to be discharged during the time of the saide disseisin without that that any Euidences deedes writings or Courtrowles concerning the said mannor of Ouer or the said rent and seruice at any time came to the hands custodie and possession of the said defendant or that the said defendant doth intend vtterly to disinherit the saide complainant of the said rent and seruices or doth wrongfullie denie to do the the said complaynant any seruices which he ought to do or pay or that any other thing c. All which matters c. A Replication to the Answere next before The Replication of Sir T. H. Knight to the Aunswere of H. S. Esquier THe said complainant saith in all and euery thing as he before in his Sect ' 178. bill hath saide and auerreth all and euery thing therein conteined to be good and true in such manner and forme as in his said bill is alledged without that that the saide R. B. named in the saide aunswere did wrongfullie enter by the commaundement of this complaynant into the said mese other the lands named in the said answere being parcell of the said lands tenements called Woodford or thereof disseised the said defend to the vse of the said compl as by the saide answere it is vntrulie alledged or that the said compl did agree to any such entrie disseisin as by the said aunswere is supposed or that this compl was or is by force thereof seised by dissesin of the saide mesuage orchard and garden named in the said answere as by the said answere is vntruly alledged or that any other matter or thing alledged in the saide answere materiall to be replied vnto which heere in this replication is not confessed and auoided denied or trauersed is true All which matters c. G. Ge. A bill containing that the plaintife by bargaine and sale by feoffement and fine bought one mese c. in fee and that diuers euidences concerning the premisses are casually come to the plaintifes hands and that by cullour thereof the plaintife hath entred into parcell of the premisses and expulsed the plaintife from the possession thereof and wrongfully keepeth the same To the Right Ho. and the reuerend Father in God Stephen Bishop of Winchester COmplayning sheweth vnto your ho. Lo. your Orator H. S. Esquier Sect. 179. that where one I. W. of C. in the County of C. was seised in his demesne as of fee of in one mese one gardeÌ„ one orchard 60. acres of land meadow wood and pasture with the appurtenances in W. called W. in the Countie of C. and the said I. W. and his ancestors whose heire he is did coÌ„tinue peaceable possession of the premisses by the space of 100. yeares and aboue and the said I. W. so being thereof seised for certeine great summes of money to the said I. W. by your said Orator coÌ„tented paid did bargaine sell the premisses vnto your said Orator his heires to the proper vse of your said Orator of his said heires for euer and thereupon did by his deede sufficient in the lawe giue grant confirme yâ— premisses vnto your said Orator his heires for euer And for a further assurance thereof to be had vnto your said Orator and his heires the said I. W. before the Iustice of yâ— said County of C. did leuie a fine sur conusance de droit of the said mese lands and tenements vnto your said Orator and by by the same fine the said I. W. did knowledge all the right which he had in the same mese lands tenements to be the right of your saide Orator as those which your saide Orator had of his gift as by the said deede fine more at large it doth may appeare by force whereof your said Orator entred into the premisses was thereof seised in his demesne as of fee. But so it is if it may please your hon Lo. that diuers euidences deeds escripts miniments concerning the premisses are casually come to the haÌ„ds custodie possession of one Sir T. H. Knight who by coulour of hauing thereof hath wrongfully entred into the said mese orchard gardeine and into one croft conteining by estimation 2. acres of land lying adioyning vnto the said mese on the Southeast part of the said mese parcell of the premisses and expulsed your said orator from the possession thereof And the said Sir T. H. doth still wrongfully keepe your said Orator from the possession of the said mese orchard garden croft And although your said Orator haue diuers times required the said Sir T. H. not only to permit and suffer your said orator to haue inioy the said mese lands and tenements but also to make deliuerie thereof vnto your said orator which to do the said Sir Tho. at all times hath refused yet doth refuse contrary to right equitie and conscience In consideration whereof and for so much as your saide Orator knoweth not the certaintie of the saide Euidences deedes and writings nor wherein they be conteyned therefore he is without remedie by the order of the common lawe It may therefore please your honorable Lordship to graunt c. The Aunswere of Sir T. H. Knight to the Bill of complaint of H. S. THe said defend saith yâ— the said bill of compl is vncerteine insufficient Sect ' 180.
in 3. partes deuided of 8. acres of land c. 35 Of a personage impropriate 36 Of a mannor of rent and free foldage for sheepe 37 A writte of Couenant of diuers seuerall things 37 A writ of couenant of Tithes 38 A writ oâ— couenant of the Scite of a Monastery 39 A writ of couenant of diuers things 40 A writ of couenant of Dismes and Tithes 41 A writ of couenant of a personage c. 42 A Releas by fine of one to two 43 A fine vpon cognizaunce de droit by the husband and wife to two 44 by Baron and feme and an other 45 Of a parcell in reuersion by a copercener 46. Of a mannor to an Archbushop and an other 47 A concord from 2. to 1. with special warrantie 48 Vpon cognizaÌ„ce of right as that c. with releas and warrantie by c. 49 A concord of many things together sur cognizance de droit come ceo c. 50 A fine of a rent 51 Of the third part of a rent 52 A praecipe with an exceptioÌ„ of some parcels 53 A writ of couenant brought by 3. against 3 of a mannor c. 54 A concord with a â—ender for life the remÌ„ to the 1. 2. c. sons of the cognisor 55 A fine of homage rent and seruices 56 Of a mannor knights fees seruices 57 An old fine in fraÌ„â—kalmoâ—gne before Iustices in Eâ—re 58 A fine of lands in the countie Palantine of Lancaster 59 A lease for yeares reseruing a rent by graunt 60 A lease for yeares rendring rent with a render and a distresse 61 A lease for yeeres sauing the reuercion 62 A lease by tenant for life for 21. yeares if she liue so long 63 A lease for 21. yeeres c reseruing a rent the cognisees grauÌ„t back the samâ— reuersion and rent 64 A fine of a remÌ„ for yeeres reseruing rent c. 65 A lease in reuercion paying a rent 66 A lease to diuers for yeeres if the parties liue so long reseruing a rent and c. 67 A lease reseruing rent with a nomine penae and a distrâ—sse 68 A fine with graunt and render for life without impeachment of wast and for c. 69 A render for life with diuers remainders ouer 70 A lease for life with remÌ„ ouer 71 A fine of landes bought by the husband which are regraunted by him to the Cognizors for his wifes life 72 A concord of diuers tenements rents Rectory and aduowson with the moity of a mill 73 A Fine of a fourth part to two 74 Of landes parte in posâ—ession and parte in Reuercion of a third part for c. 75 Graunt and render of a reuercion of a moytie 76 A render to the Cognisor for one weeke remainder to a straunger for life remainder to his wife for life vpon condicion with diuers remainders ouer 77 A fine of two reuersions 78 To the cognisee and his wife in speciall tayle with warrantie in tayle 79 A grant with a reÌ„der back againe for life with remainder in tayle diuiding the landes 80 A Fine to entayle lands to the heires of one deceased 81 A graunt to the Cognizee ' for lyfe of the tenant for lyfe with waâ—â— antie a render to the Cognisor for his wiues life to conuey her title to her husbaÌ„d 82 A Fine of a moytie of diuers thinges in possession and of a reuercion in fee. 83 A graunt of lands to two who render to the Conusor in taile the remainder to the Queene and her Successors 84 A graunt of landes in tayle to be holden of the grauntor in Socage 85 A graunt of landes in tayle to be holden of the grauntor by suite of Court and vâ— s. rent 86 A Fine sur releas of knights seruice â—astle garde and murage vpon a writ of customes and seruices 87 Of a mannor in possession and other laÌ„ds in reuereion 88 Of lands part in possession and part in reuercion with a render againe to the conusor and there heires 89 For a reuercion of a rent 90 A concorde of a reuercion for a rent 91 Of rent seruice 92 The husbande and wife sell the wiues iointure absolutely to him in reuercion 93 Tenant for lyfe maketh a lease reseruing a rent during her life 24 A Fine of a Reuercion 95 A Fine of a rent graunted for life with a clause of distresse for the same 96 Of seuerall rents graunted out of a mannor 97 Of a rent with a nomine penae 98 A Fine in fee farme yeelding a rent with a distresse 99 A Fine in fee farme rendring rent suit of court herriot after decease recease and alâ—enacion 100 A Fine in fee farme rendring a rent with a nomine penae 101 By the husband and wife to the husband and wife with render 102 A writte of Couenant for the Queene 103 ✿ A Fine of diuers things with warrantie against all men 104 ✿ A Fine with generall warrantie with a regraunt and render of the premisses by the conusees to the conusors 105 ✿ A Fine with generall warrantie from the conusors of two partes in 3. partes deuided of dâ—uers seueral parcels 106 ✿ A Fine with generall waâ—rantie with graunt and render by the conusees to one of the conusors of parcell of the premiss with diuers remÌ„ ouer of other parcels reseruing a reÌ„t with a clause of distresâ—e for non payment 107 ✿ A fine with warrantie with graunt and render of all mines of coales with libertie to digge 108 ✿ Of the 3. part of seueral things with generall warrantie for life rendring rent with a clause of distres with a grant render of the reuercion in fee. 109 ✿ Of a maÌ„nor with a regrant of xij li. out of the same mannor and afterwards of the whole mannor in fee. 110 ✿ Of diuers things with warraÌ„tie against the conusor and his wife and the heirs of the husband 111 ✿ A Fine with two seuerall warranties 112 ✿ A Fine of diuers thinges with generall warrantie 113 ✿ With generall warrantie in generall taile and for default of heire male to diuers others of the name and kindred of the conusor 114 ✿ A Fine knowledged before the Iustices of Chester of diuers things with warrantie 115 ✿ By an Earle his wife of diuers things 116 ✿ With graunt and render to the wife of one of the conusors for yeeres reÌ„dring rent with a clause of distres with a grâ—t afterwards of the reuercion in fee. 117 ✿ By 2. to 1. with generall warrantie 118 ✿ Of diuers thinges with seuerall warrÌ„ 119 ✿ A Fine to 2. of diuers things with warrÌ„ 120 ✿ By 2. husbands and their wiues with seuerall warrÌ„ 121 ✿ By the husband and the wife of diuers things with warrantie 122 ✿ Of a rent issuing out of diuers mannors 123 ✿ A fine with grant and render for yeâ—res to beginne at a time to come reseruing a rent with a graunt of the reuercion to c. 124 ✿ A Fine of
E. 3. Persons ciuilly dead as Friers Nunnes Monkes Channons professed and other like supersticious votaries who are in subiection to their Soueraignes 14. H. 8. 16. 2. R. 2. 5. Of couerture ANd therefore a feme couert within age ought not to leuie a fine Sect. 8. for that she cannot reuerse it during the couerture nor after if the couerture continue till she be of full age 50. E. 3. 5. 27. Ass pla 53. And a feme couert ought not to leuie a fine but with her right husband 7. H. 4. 23. 42. E. 3. 20. But a fine leuied by a feme couert without her husband of her owne landes wherein she hath fee simple is an estoppell against her and her heires if her husband auoid it not by entrie or otherwise as he may during his wiues life and after her death during his owne life as if he be tenant by the Curtesie 17. E. 3. 52. and 78. 17. Ass 17. 7. H. 4. 23. But if lyuing her first husband she take a second husband and with him and by his name knowledge a fine this fine shall not bind her because she is misnamed 7. H. 4. 22. and 23. Yet if she with her right husband by a wrong christian name leuie a fine she is estopped during her life â— Ass pla 11. Brooke Fines 117. A feme couert must beware how she with her husband do leuie a fine of her Iointure least she thereby lose her dower Trin. 19. Eliz. Dyer fol. 359. pla 49. Neyther ought the husband without his wife to leuie any fine of her lands for she and her heires may auoid it after his death 32. H. 8. cap. 28. 12. E. 4. 12. 42. E. 3. 20. Villeines ANd Villeines by knowledging such fines should preiudice their Sect. 9. Lords thereby bereauing them of the landes aliened for such fines be good Persons dead in law ANd fines leuied by persons ciuilly dead are vtterly void Sect. 10. Imprisonment ANd if men compelled by threatnings or inprisonment should be Sect. 11. admitted to leuie fines they should thereby be barred because the law intendeth such persons are at libertie when they knowledge fines 17. E. 3. 52. 78. 17. Ass 17. Of persons hauing ioint power PErsons prohibited to be Cognizors by reason of ioint power are Sect. 12. they that haue ioint power and aucthoritie with others as the single members of euery Corporation or Society As a Bishop without his Deane and Chapter A Deane without his Chapter An Abbot or Prior without his Couent A Parson Vicar Prebendary or Chauntry priest without their Ordinarie A Maior without his Cominaltie Masters of colledges without their Felowes And of other Societies incorporate may not leuie fines Plow 375. b. 11. Elizab. fol. 538. a 21. Eliz. 21. E. 4. 13. 11. H. 4. 68. 12. H. 4. 11. 12. 38. E. 3. 33. Plow fol. 538. a. 20. Eliz. Of the estates of Cognizors ALbeit euery fine be good to bind the parties yet for the validitie Sect. 13. of the fine it is conuenient that either the Cognizor or the Cognizee be seazed of the lands aliened 41. E. 3. 14. 22. H. 6. 13. For the fine is void if neither of the parties be seazed at the leuying thereof 41. E. 3. 14. 33. H. 6. 18. 3. H. 6. 27. 27. H. 8. 4. and 20. 37. H. 6. 34. 13. Ass p. 8. 3. H. 7. 9. 5. E. 3. 22. H. 6. 57. Yet the vouchee after he hath entred into the warrantie may leuy a fine vnto the demandant though in facto neither of them is seazed For such vouchee is tenant in law and may confesse the action because of the priuitie betweene him and the demandant But a fine by him so leuied to an estranger is void 8. H. 4. 5. 5. H. 7. 40. Persons attained or wayued in personall actions may alien by fine or otherwise for their estates remayne in them still though they thereby forfeyt the profites of their landes 9. H. 6. 20. 21. H. 7. 7. And persons attainted of Felony or Treason may not be Cognizors by reason that by their offences their estates be forfeyted But if they do their fines be good against all persons but the King and the Lord of whom the lands beholdeÌ„ for their times 8. Ass pla 25. for their estats remaine in them during their liues Also tenant for life may leuie a fine sur graunt releas of the lands which he holdeth for life to hold to the Cognizee for life of the tenant for life and it is no forfeiture 44. E. 3. 36. But if the estate were larger or the fine sur cognizance de droit come ceo que c. it were a forfeiture of his estate 4. H. 7. fol. The same law is of such sins by tenant in tayle after possibility tenant in dower or by the curtesie 39. E. 3. 16. But such fine of a reÌ„t seemeth to be no forfeiture 2. H. 5. 7. Yet a particuler tenaÌ„t as in dower by curtesie or for life cannot by fine graunt surrender their estates to thowner of the reuersion or remainder but may by fine graunt and releas the same 17. E. 3. 62. 24. E. 3. 26. 20. E. 3. and 14. E. 3. A tenant in commen or Iointenant may leuie a fyne of his part 26. H. 8. 9. So may a Coparcener of his part Dyer 334. plac 30. Pasch 16. Eliz. A fine leuied by the heyre who is an Intrudor vpon the kings possession is voyd per le Praerog cap. 13. 1. H. 7. 5. 24. E. 3. 65. But if such fine be leuied without intrusion it bindeth the Cognizor and his heires 1. H. 7. 5. If a disseisor leuie a fyne with proclamation and the disseisee within fiue yeares after do not enter or caime he and his heires be barred for euer Plowd fol. 353. 11. Elizab. inter Stowell Zouch Also fines may be leuied by the tenant in taile general or special And by tenant in fee simple And by tenant in remainder or reuersion ¶ Hauing thus passed the capacities and estates of Cognizors let vs haue consideration how they may be named How Cognizors are to be named TOuching the names whereby parties to fines ought to be named Sect. 14. for so much as names be to no other end inserted into fines and other writings then that it may be certeinly knowen who be the parties thereunto it is requisite that they be certeinly named by their right names of baptisme and surnames whether the same be King Prince Duke Marquesse Earle Vicont Baron Lord or Knight which be names of dignitie some of which are sometimes named without their Surnames as Georg. Comes SalopÌ„ without his surname IoheÌ„s Dux LancastrÌ„ or he be an Esquire or Gentleman which be names of worship nobilitie and honor 14. H. 6. 15. 21. E. 4. 84. Whose addicions neuerthelesse of curtesie are communly vsed in fines as Io. Byron Miles H. D. armig T. L. generÌ„ Or if he be a â—eoman
all the seuerall townes into which it extendeth as de manerio de S. cum pertin̄ in D. E. 19. Ed. 4. fol. 9. ◠43. E. 3. fol. 9. a. Bracton Lib. 4. cap. 31. Sect 3. 9. E. 4. fol. 61. 9. a 16. ◠17. b. 11. H. 7. fo 22. b 49. For if any of the townes into which the manor extendeth be omitted nothing of the Manor in that towne passeth 5. E. 4. 103. A Castell or a Hundred may be parcel of a Manor and passe by the A Castel or Hundred Manor Castell name of the manor whereof they be parcel 26. Ass 54. And one Manor may be parcel of an other 2. E. 3. fo 36. And a Castel may be demaunded by his proper name as de castello de B. cum pertin̄ 1. E. 3. fol. 4. An Hundred may be demanded by it selfe as de hundredo de S. 27. Hundred H. 6. fol. 2. Mesuagiū is a dwelling house By the name of a Mesuage may passe A Mesuage a Curtelage a gardein an orchard a douehouse a shop a mill as parcell of an house Bractō Lib. 5. cap. 28. Sect 1. Plow fo 169. 170. 171. The like of a cottage a toft a chamber a celler c. yet may they be demaunded by their single names A Chappell or an Hospitall must be demaunded by the name of a mesuage A Chahpell A Hospitall 13. Ass 2. A Toft is the place wherein a mesuage hath stood A Curtelage is a garden or a yard or fold or a peece of void ground A Toft A Curtelage lying neere and belonging to a mesuage Plow Molendinum is good without adding ventriticum or aquaticum albeit A Mille the latter be more vsual 44. E. 3. fol. 13. Of a Reuersion by the name of the land or otherwise 43. E. 3. 22. A Reuersion Land is to be demaunded by the certeine measure of the superficiall Land quantitie thereof as hida carucata bouata virgata acra roda terrae In like maner boscus subboscus bruera mora iuncaria mariscus alnetum ruscaria may be demaunded by the number of acres thereof 16. Ass 9. Turbarie may be demaunded by the name of More Rent by the multitude and number of the things which are to be rēdred Rent as x. librar̄ or sex denar̄ or vno obulat̄ or quinque solidat̄ reddit̄ Housebote Haybote and Plowbote may be demanded by the name Estouers of Estouers thus de rationabili estouerio in boscis viz. in decem acris bosci ipsius A. in D. c. Parsonages Rectories Aduowsons Vicarages or Tythes impropriate A Parsonage passe not by the names de Aduocatione Ecclesiae but de Rectoria Ecclesiae de S. cum pertin̄ But whē it is but of a presentation it must be de Aduocatione ecclesiae A Presentatiō de S. and not cum pertin̄ And of all Vicarages endowed the writ must be de Aduocatione A Vicarage Vicariae Ecclesiae de S. and not cum pertin̄ And where no Vicarage is endowed it passeth vnder these words de Aduocatione ecclesiae de S. c. If an entier manor mesuage or other entier thing be deuided or parted Parts seuered and after a fine is to be leuied of some of the parts of the thing so seuered thē must not the fine be de medietate or de quarta parte or other part of the manor mesuage or other thing but such part must be demaūded by the name of a whole thing As if the manor of D. be deuided into 2. parts the fine of th one part if the deuision be so made that the manor of that part be not extinct must be de manerio de D. So if a mesuage and xx acres of land be parted into two parts the fine of th one part must be de vno mesuagio decem acris terre c. and not de medietaie vnius mesuagij xx acrarum terre for the things new diuided from the rest are now become whole thinges by themselues though lesse in quantity then the whole was before diuision thereof made If a thing be Twise named twise named in a writ of Couenant it hurteth not as a Manor and an Hundred parcel of the same manor 27. H. 8. 2. If lands in diuers Shires passe there must be seuerall writs of Couenant Diuers Shires thereof accordingly and but one Concord Dyer 227. pla 44. 15. E. 4. 33. Of the names of the place wherein the lands do lye ANd the place wherein the lands do lye is taken to be parcel of the Sect 27. Place name thereof And thefore we must regard the places wherein the lands do lye as the shire Towne Parish or Hamlet for a fine is good in a Hamlet 38. E. 3. fol. 19. 8. E. 4. fol. 6. and 7. E. 6. Br. Fines 44. 91. Hamlet Towne decaied or in a Towne decaied 7. E. 6. Br. Fines 91. Neuerthelesse it is also good to name the Towne wherein the hamlet is as it seemeth and that with addition for distinction if there be diuers Townes of the same name in the same Countie And if a Manor extend into diuers Townes as A. B. C. it is good to A manor in diuers townes expres al or none as de manerio de S. in A. B. C. for if any of the townes be omitted none of the manor in that towne passeth Yet a fine of a manor cum pertin̄ would haue caried the whole manor 9. E. 4. 6. But if a mā haue diuers Manors of one name as South S. North Two manors of one name S. it is good in a writ of one of the same manors to expresse certainly which of them is intended to be passed 47. E. 3. 12. H. 7. 6. Albeit it is thought good ynough by the name of the manor of S. without addition for certeintie is alwaies best How seueral things must be placed in writs of Couenant NOw that we haue partly learned of what things fines may be leuied Sect ' 28. Orderly placing and by what names yet seemeth time to shew in what order and forme they must be therein placed one before an other when diuers thinges passe by one writ for which we may obserue these rules First Worthyest the more worthy thinges must be put before things lesse worthy as a Mesuage is set before land a Manor before a mesuage a Castle before a Manor 7. H. 6. 39. Plow 168. 169. Secondly things general before things special as lande being the Things general general or genus to meadow pasture wood Iuncaria mariscus is first to be placed And wood being the general to wood grounds as alnetum salicetum c. is to be set before them the writs Thirdly entier or whole things are to be set before their partes as Whole things Parts de manerio de C. medietate manerij de B. cum pertinen̄ c. Fourthly parts of
forein thing if it be not consequent As in a writ of land rent common c. may be rendred issuing out of it 18. E. 4. 22. And a Concord may be with an exception of some part 44. E. 3. 21. If a man will he may make a Iointure by fine thus If I. leuie a fine to A. in fee sur cognizance de droit come ceo c. and after A. rendre to I. for life without impeachment of wast the remainder to B. his wife for terme of her life the remainder to I. and his heires 38. H. 8 Br. Fines 108. The Manors tenements conteined in the writ may be diuided As if a fine be leuied betweene R. and M. of ii manors which M. knowledgeth all his right of the said ii manors to be the right of the said R. as that which c. for which R. grauÌ„teth rendreth th one manor to M. for life with ii parts of the other manor which N. holdeth in dower To haue th one manor and two parts of the other manor to M. for life the remainder after her death to R. in taile and that after the death of A the third part shall remaine to an other 43. E. 3. 11. 45. E. 3. 12. And in like maner a fine is leuied of the manor of G. cum pertinenÌ„ by A. vnto C which A. knowledgeth the right in C as that c. and C. granteth and rendreth the same to A. in tayle The remainder of the 4. part of the manor towards the west to the said A. and her heires the remainder of an other 4. part towards the East to I. in fee the remainder of an other 4. part towards the South to one R. in fee and of the other 4 part towards the North to W. and his heires it is good 44. Ass p. 11. Or incerteinly by 3. third parts to A. B. and C. in remainder seuerally 18. H. 7. Br. Fines 111. A fine leuied to one in tayle vpon condition with remainder is holden to be good 27. H. 8. 24. Plowd 34. b. 24. E. 3. 62. Contra per Prisot 33. H. 6. 52. and 44. E. 3. 22. But a fine with a reentrie was reiected 44. E. 3. 22. A lease for yeares may be made by a fine in this forme The lesse must knowledge the tenements to be tthe right of the lessor as that c. and then the lessor must graunt the lands backe againe to the lessee for so many yeres as are agreed vpoÌ„ reseruing a reÌ„t with a clause of distresse But this fine wil not bind the issue in taile because he taketh by the fine but giueth nothing thereby Br. Fines 106. tempore H. 8. 36. H. 8. Br. Fines 118. Plow 455. 14. Eliz. Or a lease for yeares may be made by fine to bind the tenant in taile thus The tenant in taile and the lessee to knowledge the tenements to be the right of an estranger as that c. and the Cognizee to graunt and render the tenements to the lessee for certain yeeres yeelding a reÌ„t with a clause of distresse and then graunt the reuersion to the tenant in taile 36. H. 8. Br. Fines 118. If an estranger which hath nothing in the lands leuie a fine to him in the remainder in taile dependant sur estate pur vie sur cognizance de droit come ceo que il ad de son done c. and the cognizee by the same fine render to the cognizor for yeares de commeÌ„cer al Mich. ensuant and dieth and al the proclamations are made after his death The tenant for life after such time as the said leas is limitted to begin dieth it is adiudged a good leas to barre the issue in taile for the terme 14. Eliz. Plowd fol. 437. b. inter Smyth Stapleton which seemeth contrarie to the opinion before Br. Fines 106. 118. A. by fine graunteth his tenements which I. holdeth for life and which after his decease c to W. for life rendring rent c. with a distresse sauing the Reuersion 44. E. 3. 45. Fine sur cognizance de droit come ceo c is leuied to A. in fee rendring rent this reseruation is void because the fine is executed for no reseruation can be but of a fine executorie as sur render 50. E. 3. 9. 24. E. 3. 26. 39. E. 3. 1. And if diuers ioine in a fine the warrantie must be by them and the heires of one of them which is the owner of the land 44. E. 3. 1. 21. E. 3. 27. 42. E. 3. 13. 24. E. 3. 66. ContrÌ„ sur terres de Gauelkind ibmÌ„ A particuler tenant as for life c. cannot surrender his terme to him in the reuersion or remainder by fine But he may graunt and releas it to him by fine 44. E. 3. 36. One Concord may be of lands in seuerall Counties and the fine pro licenc ' concord ' of all extracted entierly Yet must there be seuerall writs of Couenant returnable all at one day 6. Eliz. Dyer fol. 227. pl. 44. 15. E. 4. 33. And finally in Concorde all the speciall names of things conteyned in the writ whereupon the fine is leuied are not to be rehearsed But onely the generall words therein mentioned as manor tenements rents aduowson common c. As where the writ is de vno messuagio vno gardino vno pomario decem acrÌ„ terrae v. acrÌ„ prati x. acrÌ„ pasturae iiij acrÌ„ bosci communia pasturÌ„ cum pertinÌ„ in C. c. The Concord hath RecognÌ„ tenÌ„ta coiÌ„am praedictam cum pertinentijs esse ius c. But the examples following will more plainely expresse this and all the differing formes of Concords here before mencioned A writ of Couenant of 3 messuages and of common of pasture PRaecipe c. de tribus mesuag ' c. cum pertinÌ„ in D. T. de coÌ„munia Sect. 31. pasturÌ„ pro omnibus omnimodis auerijs ac de pastura pro 400. oâ—ibus cum pertinÌ„ in D. in parochia de C. Et nisi c. Of one messuage one curtilage one gardeyne of a rent and of sheepewalke PRaecipe c. de vno mesuag ' vno curtilagio vno gardino c. ac Sect. 32. v. li. redditÌ„ cum pertinÌ„ in F. Necnon de libertÌ„ vnius faldagij cursu ouium cum pertinÌ„ in F. Et nisi c. Of Wood and a Foldage PRaec ' c. de centum acrÌ„ bosci cum pertinÌ„ in N. ac de libertate faldagij Sect. 33 pro xl ouibus cum pertinÌ„ in S. Et nisi c. Of Wood. PRaecipe c. de c. quatuor virgatÌ„ bosci c. in parochijs de B. Sect. 34. L. c. Of 2. partes in 3. partes deuided of 8. acres of land of pasture acres of reede and of freshe and salte marshe land PRaecipe c. de duabus partibus in tres partes diuidend ' viij acrÌ„ Sect. 35. terrae lx acr '
pasturÌ„ lx acr ' arun dinarum x. acrÌ„ marisci frisci maâ—sci salsi cum pertinenÌ„ in D. c. Et nisi c. Of a parsonage impropriate and of the moytiâ— of the tithes PRaec ' c. de RectorÌ„ impropriatÌ„ de H. cum pertinÌ„ ac de medietate Sect. 36. omniuÌ„ decimaruÌ„ granorÌ„ bladorum garbar ' foeni de terris vocatÌ„ le B. lands cum pertinÌ„ in H. praedict ' c. Et nisi c. Of a manor of rent and free foldage for sheepe PRaecipe c. de manerÌ„ de c. decem solid ' redd ' ac de libero faldagio Sect. 37. ouium cum pertinÌ„ in R. de Hundred ' de L. Et nisi c. A writte of CouenaÌ„t by one of the Queenes Secretaries of the 3. parte of 4. messuages 4. cottages one mille gardeins orchards lands medowe pasture more turbarie and rent the 3. parte of the view of franke pledge of goods and cattels wayued of fellons fugitiues put in exigent felonâ— de se deodans treasure founde extrahur and of the 3. parte of a Parsonage PRaecipe W. S. Militi dnÌ„o M. quod tenÌ„ W. C. MilitÌ„ principal ' SecretarÌ„ Sect. 37. dnÌ„ae ReginÌ„ conuenc ' c. de tertia parte iiij mess iiij cotag ' vnius molendinÌ„ x. gardinÌ„ x. pomarÌ„ 200. acrÌ„ terrae 200. acr ' prati 200. acrÌ„ pasturÌ„ 30. acrÌ„ morae 30. acr ' turbarÌ„ v. s. redd ' cum ê‘tinÌ„ in A. B. C. D. ac de tertia parte Vis franci pleg ' bonorÌ„ catallorÌ„ wauiatÌ„ felonÌ„ fugitiuorum vtlagâ—tÌ„ in exigenÌ„ positorum fel de se deodand ' thesaur ' inuentÌ„ ac extrahurÌ„ cum pertinentijs in M. c. Necnon de tertia parte RectorÌ„ ecclesiae de K. cum pertinÌ„ Et nisi c. A writ of Couenant of Tythes Lâ—iâ— ss PRaecipe T. N. MilitÌ„ qd ' tenÌ„ T. P. conuenc ' c. de proficuis Sect. 38. granorÌ„ foeni lanae agnorÌ„ ac de omnimod ' alijs decimis cum pertinentijs in M. Et nisi c. A writ of Couenant of the Scite of a Monasterie of messuages of comon of pasture for all maner of beastes of rent and of rent hennes and rent worke Derb. ss PRaec ' A. B. quod tenÌ„ C. D. conuenc ' de situ Monast de Sect. 39. B. cum pertinenÌ„ Ac de xx messuag ' c. ac de communia pasturÌ„ pro omnibus animal ' ac de C. s. redditÌ„ ac de redditu C. galinarÌ„ C. oper ' cum pertinenÌ„ in E. F. Et nisi c. ¶ Et est concordia talis scz quod pÌ„dictus A. B. recognouit praed ' situm tenÌ„tÌ„ communiam pasturÌ„ redd ' cum pertinentijs esse ius ipsius C. vt ill ' c. cum relax ' warrantÌ„ c. A writ of Couenant against the Father and his sonne and heire apparant of cottages toftes barnes watermils of one windmill doufehouses gardeins orchardes land medow pasture wood marishe furres heath moore rent halfe a pound of rent peper of a myne of cole and the adâ—owson of a Church LincÌ„ ss PRaecipe F. M. armig ' T. M. filio haeredi apparentÌ„ Sect. 40. eiusdem F. quod tenÌ„ F. F. N. R. gentÌ„ conuenc ' c. de manerÌ„ de T. S. H. iuxta N. super Trentam Ac de xl mes xx cotag ' xl toft ' xxx horreis ij molend ' aquatic ' vno molend ' ventritico iij. columbarÌ„ xl gardinÌ„ xl pomarÌ„ mille acrÌ„ terrae miâ—le acris prati mille acrÌ„ pasturae 500. acrÌ„ bosci 100. maris 100. iampnÌ„ bruerÌ„ 100. acrÌ„ alneti 110. acrÌ„ iuncarÌ„ 500. acrÌ„ morae iiij libr ' redditÌ„ redd ' dimid ' vnius librae piperis cum pertinÌ„ in T. c. Ac etiam de minera carbonÌ„ cum pertinÌ„ in T. S. Necnon de Aduocac ' Ecclesiae de T. H. Et nisi c. A writ of Couenant of Dismes and Tythes Notting ss PRaec ' D. E. qd ' c. teneat R. Y. armig ' conuenc ' c. de Sect. 41. decimis garbaruÌ„ granoruÌ„ foeni cum pertinÌ„ in R. W. Ac de decima foeni in V. Necnon de decimis lani agnorum oblationum obâ—entionuÌ„ emolumentorum de omnibus alijs decimis quibuscuâ—que venienÌ„ crescenÌ„ renouanÌ„ in W. praedict ' Et nisi c. A writ of Couenant against the husband and the wife of a Parsonage and of the aduouson of a Vicarage and of messuages cottages barnes and gardeins PRaecipe T. B. A. vxori eius quod tenÌ„ C. W. armig ' Sect. 42. conuenc ' c. de Rectoria de L. ac de aduoâ—ac ' vicarÌ„ de L. ac de decem mesuag x. cotag ' x. horreis x. gardinÌ„ c. cum pertinÌ„ in L. praed ' Et nisi c. Praec ' c. qd ' iuste c. de x. mes c. in W. Necnon de Rectoria eccles de G. de decimÌ„ granorÌ„ foeni lane agnorÌ„ omnium aliar ' decimaruÌ„ quarumcunque in G. praed ' Ac etiam de aduocac ' Vicar ' ecclesiae de G. praedict ' cum pertinentijs Et nisi c. A fine knowledged by one to two persons of sixe messuages with warrantie against him and his heires SurrÌ„ ss PRaecipe W. W. quod iuste c tenÌ„â— L. A. P. conÌ„ c. Sect. 43. de sex mesuagijs c. cum pertineâ— in C. W. E. c. Et nisi c. ¶ Et est concordia talis scilâ—cet quod praedict ' W. recognÌ„ praedict ' tenementa cum pertinenÌ„ esse ius ipsius I. vt ill ' quae ijdem I. A. habent de dono praedict ' W. Et ill ' remiserÌ„ quietÌ„ clamÌ„ de se haered ' suis praedict ' I. A. haered ' suis imperpetuum Et praeterea idem W. concessit pro se haeredibus suis quod ipse warrantÌ„ praedict ' I. A. haered ' ipsius I praedict ' tenementa cum pertinenÌ„ contra praedict ' W. haered ' suos imperpetuum Et pro hac c. A Fine by the husband and wife to two of messuages toftes lands medowes pasture and rente with warranties against the Conusor and his heires SurrÌ„ ss PRaecipe I. T. A. vxori eius quod iuste c. tenÌ„ W. Sect. 44. R. R. D. conuenc ' c. de quatuor mesuag ' quatuor toftis xl acrÌ„ tÌ„errae xx acris prati 120. acrÌ„ pasturÌ„ quinque solid ' iiij denarÌ„ redditÌ„ cum pertinenÌ„ in S. Et nisi c. ¶ Et est concordia talis scilicet quod praedict ' I. A. recognÌ„ praedictuÌ„ tenementum cum pertinentijs esse ius ipsius W. vt illa quae idem W. R. habent de dono praedictoruÌ„ I. A. Et ill ' remiserÌ„ quietÌ„ clamauerÌ„ de ipsis I. A.
haeredibê° ipsius I. praefatÌ„ W. R. haeredibus ipsius W. imperpetuum Et praeterea ijdeÌ„ I. A. concesserunt pro se et haeredibus ipsius I. quod ipsi warrantÌ„ praedictis W. R. haered ' ipsius W. praed ' tenÌ„tum cum pertinÌ„ contra pÌ„dict ' I. A. haeredes ipsius I. imperpetâ—uÌ„ Et pro hac recognÌ„ remissione quietÌ„ clamationÌ„ warrantÌ„ fine concord ' ijdem W. R. dederunt praedictis I. A. ducentas quadraginta libras sterlingorum A fine by two and the wife of the one of them of land medowe pasture and of wood with warrantie against the Conusor and his heyres LincolnÌ„ ss PRaecipe R. B. genÌ„ T. R. M. vxorÌ„ eius quod tenÌ„ Sect. 45. T. B. genÌ„ conuenc ' c. de triginta acrÌ„ terrae duabus acrÌ„ prati tribus acrÌ„ pasturae sex acris bosci cum pertinentijs in C. Et nisi c. ¶ Et est concordia talis scilicet quod praed ' R. T. M. recognouerunt tenementa praedict ' cum pertinenÌ„ esse ius ipsius T. B. vt illa quae idem T. habet de dono praedictorum R. T. M. Et ill ' remiserunt et quietÌ„ clamauer ' de ipsis R. T. M. haered ' ipsius R. praefaâ— T. B. haered ' suis imperpetuum Et praeterea ijdem R. T. M. concesserÌ„ pro se haered ' ipsius R. quod ipsi warrantÌ„ tenementa praedict ' cum pertinÌ„ praefatÌ„ T. B. haered ' suis contra praedict ' R. T. M. et haered ' ipsius R. imperpetuum Et pro hac c. A fine by one and his wife to one of the reuercion of the 3. parte of 7. messuages of gardens lands medowe pasture and wood after the death of one with warrantie against the Conâ—sor and his heyres SurrÌ„ ss PRaecipe T. W. K. vxor ' eius quod iuste c. teneant Sect. 46. G. S. conuenc ' inter â—os fact ' de tertia parte viij mesuag ' septÌ„ gardinÌ„ lx acrÌ„ terrÌ„ x. acr ' prati xx acrÌ„ pasturÌ„ quinquaginta acrÌ„ bosci cum ê‘tinÌ„ in A. B. C. D. ¶ Et est concordia talis sâ—z quod praedict ' T. K. recognÌ„ tertiam parteÌ„ praedict ' cum pertinÌ„ esse ius praedict ' G. concess quod eadem tertia parâ— cum pertinÌ„ quam M. B. vid ' tenet ad terminum vitae suae de haereditate ip sius K. die quo haec concordia facta fuit quae post mortem eiusdem M. ad ipsos T. K. reuerti debuit remanÌ„ praef G. haeredibus suis imperpetuum Tenend ' c. Praeterea ijdem T. K. concess pro se haered ' ipsius K. quod ipsi warrantÌ„ praefatÌ„ G. haeredib ' suis tertiam partem praed ' cum pertinÌ„ sicut praedictum est contra se haered ' ipsius K. imperpetuum Et pro hac c. A fine by a Lord Baron and his wife to an archbishop and one other of three manors messuages toftes cottages milles barnes gardeins lands medowe pasture wood furres and heaths of rent of the aduowson of a Church and of the view of francke pledge with warraÌ„tie against them and their heyres Midd ss PRaecipe I. L. Militi dnÌ„o L. I. vxorÌ„ eius qd ' iuste Sect. 47. sine dilatione teneant ReuereÌ„do in Châ—isto patri T. Y. permissione diuina Archiepiscopo EborÌ„ Anglie primati G. L. conuenc ' inter eos fact ' de manerijs de R. K. M. cum pertinÌ„ ac de quinquagintÌ„ messuagijs quingentis toftis ducentis cotagijs sex molendinis quingentis horreis quingeÌ„tis gardinÌ„ quinque mille acre terre mille acris prati sex mille acrÌ„ pasture mille acris bosci decem mille acrÌ„ iampnorum bruere ac de quingentÌ„ libr ' redditÌ„ cum ê‘tinÌ„ in R. C. A. alias S. T. V. W E. Ac de Aduocatione Ecclesie de E. predict ' Ac de Visu franci pleg ' de R. C. A. praedict ' Et nisi c. Et est concordia talis scz quod praedictus I. L. Miles dominus L. I. vxoâ— eius recognÌ„ maneria tenÌ„ta redditus aduocationem vis franci pleg ' predict ' cum pertinentijs esse ius ipsius T. Y. Archiepiscopi EborÌ„ Et ill ' que idem T. Y. ArchiepÌ„us G. L. habeant de dono predictorum I. L. I. vxor eius Et ill ' remiserÌ„ T. Y. ArchiepÌ„o G. L. hered ' ipsius T. Y. Archiepiscopi imperpetuuÌ„ Et vlterius ijdem I. L. I. vxor eius concesser ' pro se hered ' ipsius L. quod ipsi warrantizabunt maneria tenÌ„ta redditÌ„ aduocac ' vis francipleg ' praed ' cum pertinÌ„ praed ' T. Y. ArchiepÌ„o Eborum G. L. hered ' ipsius T. Y. ArchiepÌ„i contra omnes homines imperpetuum Et pro hac c. A Fine by two to one of manors milles douehouses rents common of pasture with warrantie against the conusors and the heires of one of them ET est concordia scilicet quod praedict ' A. B. recognÌ„ praedict ' manerÌ„ Sect ' 48. molendinÌ„ columbarÌ„ tenÌ„tÌ„ redditÌ„ coâ—am pastur ' cum ê‘tinenÌ„ esse ius ipsius C. vt ill ' quae ijdem C. D. habent de dono ipsorum A. B. Et ill ' remiserÌ„ quietÌ„ clamÌ„ de se hered ' ipsius A. praedict ' C. D. hered ' ipsius C. imperpetuum Et preterea idem A. concessit pro se heredibus suis quod ipsi warrantÌ„ praedict ' C. D. hered ' ipsius C. praed ' manerÌ„ molendinum columbarium tenÌ„tÌ„ redditÌ„ communiam pasturÌ„ cum ê‘tinÌ„ contra se hered ' suos imperpetuum Et vlterius ideÌ„ B. concess it pro se hered ' suis c. vt supra A Fine by one and his wife to one of one manor of messuages tofts cottages barnes one water mille a fulling mille a winde mille a douehouse gardeins orchards land medowe pasture wood furres heath moore fresh salt marshe rent free fishing the aduowson of a Church by turnes with a generall warrantie DeuonÌ„ ss PRaecipe I. H. V. vxorieius quod iuste c. tenÌ„ R. P. Sect ' 49. generos conuenc ' c. de manerio de B. cum pertinÌ„ ac de viginti messuagijs duobus toftis sex cotagijs 4. horreis vno molend ' aquatico vno moleÌ„dino ventritico vno columbario viginti gardinis decem pomarijs centum acâ— terre centuÌ„ acris prati mille acris pasturÌ„ decem acris bosci viginti acris saliceti centum acris iampnorum buere viginti acris more viginti acris turbarie triginta acris mossetÌ„ sex acrÌ„ iuncarÌ„ xx acrÌ„ marisci frisci xx acrÌ„ marisci salsi duobus acris alneti x. marcis redditÌ„ cuÌ„ pertinÌ„ in B. C. D. NecnoÌ„ de
c. Et nisi c. Et est Concordia talis scilicet quod praedict ' Comes Comitiss recognouerunt redditÌ„ praedictum cum pertinentijs esse ius ipsius W. vt illa que idem W. habet de dono praedictorum Comitis Comitisse Et ill ' remiserÌ„ quietÌ„ clamauerÌ„ de se heredibus suis praefatÌ„ W. heredibus suis imperpetuum Et preterea ijdem Comes Comitissa concedunt pro se heredibus ipsius Comitis quod ipsi warrantÌ„ redd ' pÌ„dictÌ„ cum pertinÌ„ pref W. hered ' suis contra omnes homines imperpetuuÌ„ Et pro hac c. A Fine of the third part of a rent by the husband and wife Suffolk ss PRaec ' R. I. vxori eius quod teneant H. C. conuenc ' Sect ' 52. c. de tertia parte quinque librÌ„ sex solid ' octo denarÌ„ redditÌ„ cum pertinentijs exeunÌ„ de manerijs de K. Et nisi c. Et est concordia talis scilicet quod praed ' R. I. recognouerÌ„ tertiam partem praedict ' cum pertinÌ„ esse ius ipsius H. vt ill ' quam idem H. habeat de dono praed ' R. I. Et ill ' remiserÌ„ quietÌ„ clamauerÌ„ de se heredibus ipsius I. pref H. hered ' suis imperpetuum Et praeterea ijdem R. I. concesserÌ„ pro se heredibus ipsius I. quod ipsi warrantÌ„ pref H. hered ' suis predictam tertiam partem cum pertinenÌ„ contra omnes homines imperpetuum Et pro hac c. A Fine of a personage exceeding the aduowson of the vicarage of the same parsonage PRaec ' c. ConÌ„ c. de Rectoria de T. cum pertinÌ„ exceptÌ„ Aduocatione Sect ' 53. vicarÌ„ ecclesiae de T. Et nisi c. Et est c. quod praedict ' A. recognÌ„ Rectoriam praed ' cum pertinÌ„ exceptÌ„ praeexceptÌ„ esse ius c. Et ill ' remis c. exceptÌ„ praeceptÌ„ Et praeterea idem c. concess pro se c. quod ipse warrantÌ„ pÌ„dict ' c. Rectoriam praedict ' cum ê‘tinÌ„ exceptÌ„ praeexceptÌ„ c. A writ of couenant brought by three against three of one manor 10. mesnages 8. cottages and of land meadow pasture moore and of rent EborÌ„ PRaec ' C. B. F. vxori eius quod tenÌ„ E. D. R. conÌ„ c. de Sect ' 54. manerio de S. cuÌ„ pertinÌ„ ac de x. messuag ' viij cotag ' CC. acrÌ„ terre CC. acrÌ„ prati 160. acrÌ„ pasture 300. acrÌ„ more vj. s. redd ' cuÌ„ pertinÌ„ in A. F. B. C. Et nisi fecerint c. A Concord with a Render for life to the husbaÌ„d and the wife being the conusors of parcel of manors and lands contained in the writ of Couenant the remainder to the first and second begotten sonne of the conusors in taile and to the heires males and for default of such issue then to the conusors in general taile and for default of such issue then to the right heires of the conusors for euer with graunt and render of x. mesuages c. residue of the same manor c. to the said conusors ET est Concordia talis scilicet quod praedictus T. F. recognÌ„ manerÌ„ Sect ' 55. tenementa redd ' praedict ' cum pertinÌ„ esse ius ipsius E. vt ill ' que ijdem E. R. habent de dono pÌ„dict ' T. F. Et illa remiserÌ„ quietÌ„ clamÌ„ de ipsis T. F. hered ' ipsius F. pref E. R. hered ' ipsius E. imperpetuum Et preterea ijdem T. F. concesserÌ„ pro se hered ' ipsius F. quod ipsi warrantÌ„ manerium tenÌ„ta redd ' cum pertinÌ„ pref E. R. hered ' ipsius E. contra ipsos T. F. hered ' ipsius F. imperpetuuÌ„ Et pro hac recognÌ„ c. ijdem E. R. concesserÌ„ pref T. F. manerÌ„ de S. pred' cuÌ„pertinÌ„ ac x. mesuag ' viij cotag ' 20. acrÌ„ terrÌ„ 20. acrÌ„ prati 160. acr ' pasture 300. acr ' more 6. solid ' redditus cum pertinÌ„ in A. F. predictis parcellas manerÌ„ tenementorum redd ' praedict ' Et ill ' eis reddiderÌ„ in eadem curia ✿ Habendum tenendum pref T. F. pro termino vitae ipsorum T. F. alterius eorum diutius viuent ' absque impetitione alicuius vasti Et quod post decessum praedict ' T. F. eoruÌ„ alterius diutius viuent ' praedict ' ê‘cell ' maner ' tenÌ„toruÌ„ redd ' praed ' cum pertinÌ„ remanÌ„ primogentio filio de corporibus praedict ' T. F. inter eos legitimÌ„ procreat ' hered ' mascul ' de corpore praedict ' primogenit ' filij legitime procreat ' Tenend ' c. ✿ Et si nullus heres de corpore ipsius primogeniti filij fuer ' legitime procreat ' praed ' parcell ' manerÌ„ tenÌ„toruÌ„ redditÌ„ pred' cum pertinÌ„ remanÌ„ secundo genito filio de corpore pÌ„dict ' T. F. inter eos legitime procreatÌ„ hered ' mascul ' de corpore dicti secundi geniti filij legitime procreatÌ„ Tenend ' c. ✿ Et si nullus heres de corpore ipsius secundi geniti filijfuerÌ„ legitime procreatÌ„ tunc pÌ„d ' parcell ' maneâ— tenÌ„torum redd ' praedict ' cum pertinenÌ„ remanÌ„ hered ' de corporibus pÌ„d ' T. F. inter eos legitimÌ„ procreatÌ„ Tenend ' c. Et si nullus heres de corporÌ„ ipsoruÌ„ T. F. inter eos fuerÌ„ legitime procreatÌ„ tunc praedict ' parcell ' manerÌ„ tenÌ„torum redd ' pÌ„d ' cum ê‘tinÌ„ remanerÌ„ inde rectis hered ' ipsorum T. F. imperpetuum Tenend ' c. Et vlterius ijdem E. R. concess praef T. F. deceÌ„ messuag ' c. cnm pertinÌ„ in B. C. praed ' residuum pÌ„d ' manerÌ„ tenÌ„torÌ„ redd ' praedict ' Et ill ' eis redd ' in eadem CurÌ„ A Fine of one acre of land homage rent and seruices SalopÌ„ PRaecipe E. T. armig ' quod teâ— N. P. conÌ„ de vna acrÌ„ terre Sect ' 56. quindecim solidos redÄ‘ cuÌ„ ê‘tinÌ„ in G. F. Et nisi c. Et est concordia talis scz quod praed ' E. T. recognouit praed ' acrÌ„ tÌ„re cum pertinentijs esse ius ipsius N. vt ill ' quam idem N. habeat de dono praed ' E. Et ill ' remisit quietÌ„ clamÌ„ de se heredibus suis pref N. heredibus suis imperpetum Et pÌ„d ' E. concessit pÌ„f. N. praed ' redditÌ„ simul cum homagio toto seruitio I. H. heredum suorum detot tenÌ„tis quot praed ' E. prius tenuit de F. praedict ' HabenÄ‘ percipienÄ‘ gaudenÄ‘ pÌ„d ' redditÌ„ simul cum homagio toto seruitio praed ' N. hered ' suis imperpetuum Et
prâ—fato A. haered ' assignatis suis decimo die Sept inter horam nonam ante meridiem horam tertiam post meridiem eiusdem diei annuatim apud domum siue mansionalem vilgariter nuneupatum S. situatÌ„ in foro suo vocato le Market stead in villa C. in comitatu D. soluend ' ✿ Et si contingat praedictam annuitatem siue annualem redditum septem librÌ„ aretro fore in parte vel in toto perspacium xiiij dierum post praedictam decimam diem Sept. quo vt praefertur solui debeat non solutÌ„ quod tunc praedictÌ„ C. haeredes sui forisfacient eidem A. haeredibus suis xijj s. iiij d' nomine penae toties quoties praedicta nnuitas siue annualis redditus aut aliqua inde parcella sic aretro fore contigerit Et bene licebit praedictÌ„ A. haeredibus suis in praedictum manerium caetera praemissa cum pertinentijs in quamlibet inde parcell ' intrare distringere tam pro praedicta annuitate siue annuali redditu septem librÌ„ pro qualibet inde parcell ' quam pro praedictÌ„ xiij s. iiij d' nomine penae eidem A. haeredibus suis forisfactÌ„ toties quoties sic aretro fore contig erit non solutÌ„ districtionesque sic ibidem captÌ„ habitas licite abducere asportare effugare penes â—e retinere quousque tam de praedicta annuitate siue annuali redditu septem librÌ„ quam pro pÌ„dictis xiij s. iiij d' nomine penae toties forisfac ' plenarie fuerÌ„ eidem A. haeredibus suis satisfact ' persolutÌ„ c. A fine in which the Conusors graunt to the conusees in taile an annuall rent of 4. li. issuing out of a manor payable at two feastes in the yeare with a clause of distres for the said rent and for xx s. Nomine penae if the rent be not paide Staff ss PRaecipe c. quod iuste c. tenÌ„ conuenc ' c. de manerio Sect. 102. de B. Et nisi c. ¶ Et est concordia talis qÄ‘ praedict ' I. B. E. recognouerunt manerium praedict ' cum ê‘tineÌ„tijs esse ius ipsius R. vt ill ' quae ijdem R. et M. habent de dono praedictorÌ„ I. E. Et ill ' remiser quietÌ„ clamauerÌ„ de ipsis I. et E. haered ' ipsius E. praedict ' R. et M. haered ' ipsius R. imperpetuuÌ„ Et praeterea ijdeÌ„ I. E. concesserunt ê“ se et haered ' ipsius E. qÄ‘ ipsi warrantÌ„ pÌ„d ' maneriuÌ„ cum pertinÌ„ praef R. et M. et haered ' ipsius R. contra omnes homines imperpetuuÌ„ ✿ Et pro hac recognitione remissione quietÌ„ clamatione warrantÌ„ fine et concordia ijdeÌ„ R. et M. concesserunt prose haered ' suis praef I. et E. et haered ' de corpore ipsius E. legitime procreatÌ„ quatuor libras redditÌ„ exeuntÌ„ de manerio pÌ„dict ' cum ê‘tinentijs Et illum eis reddiderunt in eadeÌ„ curia Habend ' et percipiend ' singulis annâ—s scilicet vnam medietatem inde ad festum S. Mich. aliam medietatem inde ad festum Annunciationis beatae Mariae virginis eisdem I. E. haered ' de corpore eiusdem E. legitime ê“creatÌ„ ae quis porcionibus annuatim soluenÄ‘ permanus tenentium qui idem manerium cum pertinentijs inposterum tenebunt Et praeterea ijdem R. M. concesserunt pro se haeredibus suis quod si praedictus redditus ad aliquem terminum quo solui debeat aretro fuerit in parte vel in toto quod tunc bene licebit praef I. et E. et haered ' de corpore ipsius E. legitime procreatÌ„ distringere praedict ' R. et M. haeredes suos ac illos qui idem manerium inposterum tenebunt per omnia bona catalla in eodem manerio cum pertinentijs inuentÌ„ pro xx solid ' nomine penae pro quolibet termino sic aretro existentÌ„ per spacium vnius mensis Et ea retinere vsque ad plenam solutionem tam de praedictis quatuor libris redditÌ„ quam de praedictis xx solid ' nomine penae quae eis sic aretro fuerint c. A writ of Couenant for the Queene for the tith corne of a parish and the maner of the endorsement therof by her Atturney generall Essex ss PRaec ' A. B. et C. qÄ‘ tenÌ„ nobis conuentioneÌ„ inter nos Sect. 103. pÌ„f. A. et C. factam de omnibus et omnimod ' decimis granoruÌ„ crescenÌ„ ê“uenienÌ„ siue renouanÌ„ infra parochiaÌ„ de Hoton Et nisi fecerint summÌ„ per bonos summonitÌ„ c. Hoc breue indorsetur sic ¶ Ed wardus Cook armig ' AttornÌ„ dominae Reginae generalis pro eadem domina Regina sequitur hoc breue A Fine knowledged by T. W. to I. R. of one messuage one barne of land meadowe and pasture with warranty against all men Essex ss PRaec ' T. W. arÌ„ quod iuste c. teneat I. R. conuenciones Sect ' 104. inter eos fact ' de vno messuagio vno horreo xxv acris terre quatuor acris prati decem acris pasture cum pertinenÌ„ in L. Et nisi c. ¶ Et est concordia talis scilicet quod praedict ' T. recognouit tenÌ„ta praedict ' cum pertinentiâ—s esse ius ipsius I. vt illa que idem I. habet de dono praedict ' T. Et illa remisit et quiete clamauit de se hered suis imperpetuum Et preterea idem T. concessit pro se hered ' suis quod ipse warrantizabit tenementa praedict ' cum pertinentijs pref I. et hered suis contra omnes homines imperpetuum Et pro hac recognicione c. A Fine knowledged by T. B. and E. his wife of a manor of two messuages of land pasture wood and rent and v. s. rent to I. K. with warranty against all men And the said I. K. by the same fine granteth and rendreth back againe the premisses to the said conusors and to the heires of the said T. one of the said conusors for euer PRaecipe T. B. E. vxori eius quod iuste c. teneant Sect ' 105. W. L. et I. K. conuenciones inter eos fact ' de manerio de W. cum pertinenÌ„ ac de duobus messuagijs octaginta acris terre centum acris pasture sexaginta acris bosci quinque solid ' redditus cum pertinÌ„ in H. B. Et nisi c. ¶ Et est concordia talis scilicet quod praed ' T. et E. recognouerunt maneria tenementa redditÌ„ praedictÌ„ cum pertinenÌ„ esse ius ipsius W. vt illa que ijdem W. I. habent de dono praeÄ‘ T. et E. et illa remiserunt quiete clamauerunt de ipsis T. E. hered ' suis praef W. et I. hered ' ipsius W. imperpetuum Et
preterea ijdem T. et E. concesseruÌ„t pro se hered ' ipsius E. quod ipsi warrantizabunt maneria tenementÌ„ redditÌ„ praeÄ‘ cum pertinentijs prefatÌ„ W. I. hered ' ipsius W. contra omnes homines imperpetuum Et pro hac recognicione c. ijdem W. et I. concesserunt preÄ‘ manerium tenÌ„ta et redditÌ„ praeÄ‘ cum pertinenÌ„ et illa ei reddideruÌ„t in eadem curia HabenÄ‘ et tenenÄ‘ eidem T. et hered ' suis imperpetuum A Fine knowledged by H. K. and I. his wife I. C. and K. his wife to R. G. of one messuage one garden of land pasture and the same conusors for them and the heires of lo doe warrant two parts of the premisses in iij. parts deuided to the câ—usee and his heires against all men for euer PRaecipe I. H. I. vxori eius quod iuste c. teneant R. G. conuenciones inter eos fact ' de vno messuagio vno gardino 40. acris terre quatuor acris pasture cum pertinÌ„ in c. Et nisi c. ¶ Et est concordia talis quod pÌ„d ' I. I. recognouerÌ„ tenementa praed ' Sect ' 106. cum pertinenÌ„ esse ius ipsius R. vt illa que idem R. habet de dono praedict ' H. I. I. K. illa remiserunt quiete clamauerunt de ipsis H. I. I. K. heredibus suis praefatÌ„ R. hered ' suis imperpetuum Et praeterea ijdem H. I. I. K. concesserunt pro se hered ' ipsius I. quod ipsi warrantÌ„ duas partes tenÌ„torum praedict ' cum pertinÌ„ in tres partes diuidenÌ„ pÌ„f. R. hered ' suis contra oÌ„nes homines imê‘petÌ„ Et pro hac c. A Fine knowledged by I. F. knight and M. his wife and R. H. of two messuages one garden one or chard and of land meadow and pasture to T. P. and I. K. with warrantie against all men And the conusees by the said fine graunt render to the said R. one of the conusors in the fine vi acres of land c. parcel of the premisses for one moneth to come next afterwards the same to remain to one I. now the wife of R. N. R. N. son of the said R and I during their liues and the longer liuer of them And after their deceases the the said vi acres of land to remaine to I. N. daughter of the said R. and I. his wife during her life reseruing a rent with clause of distres for non payment thereof And the residue of the premisses viz. the two messuages one garden one orchard c. the said conusees graunt and render to R. H. for one moneth and afterwards to one R. N. I. his wife To haue to hold to the said R. I. during their liues and the longest liuer of them reseruing also thereupon a rent with a clause of distres for non payment thereof And lastly the said conusees doe graunt and render the reuersion of the whole premisses and the seueral rents reserued vpon the said graunts and renders vnto the said I. F. and M. his wife two of the said conusors and to the heires of the said I. F. for euer PRaec ' I. F. militÌ„ ac M. vxori eius et R. H. quod iuste c. tenent Sect ' 107. T. W. I. K. c. de duobus messuag ' 1. gardinÌ„ 1. pomarÌ„ 21. acris tÌ„re 6. acrÌ„ pratÌ„ 58. acrÌ„ pasturÌ„ cuÌ„ ê‘tinÌ„ in M. Et nisi c. ¶ Et est concordia talis scz qd ' pÌ„d ' I. M. R. recognÌ„ tenÌ„ta pÌ„d ' cuÌ„ ê‘tinÌ„ esse ius ipsius T. vt illa que ideÌ„ T. I habeÌ„t de dono pÌ„f. I. M. R. Et illa remiserÌ„ quiete clamÌ„ de ipsis I. M. R. hered ' suis pÌ„d ' T. I. hered ' ipsius T. imê‘petuuÌ„ Et pÌ„terea ijdeÌ„ I. F. M. R. concesserÌ„ pro se Warrantie hered ' ipsius I. qd ' ipsi warrantÌ„ tenÌ„ta pÌ„d ' cuÌ„ ê‘tinÌ„ pÌ„f. T. I. hered ' ipsius T. contÌ„ oeÌ„s hoiÌ„es imê‘petuuÌ„ Et pro hac c. ijdem T. I. concesserÌ„ The Render of parcel of the premisses pÌ„d ' R. vj. acrÌ„ terre 3. acrÌ„ pasturÌ„ et 46. acrÌ„ prati de tenÌ„tis pÌ„d ' cum ê‘tinÌ„ illa ei reddiderÌ„ in ead ' curÌ„ Habend ' et et tenend ' eid ' R. pro termino vni mensis iam prox ' futurÌ„ Et post tÌ„minÌ„ illuÌ„ finitÌ„ easd ' 3. acrÌ„ tÌ„re 3. acrÌ„ pratÌ„ 46. acrÌ„ pasturÌ„ cuÌ„ ê‘tinÌ„ integre remanÌ„ cuidaÌ„ I. modo vxori cuiusd ' R. N. cuidaÌ„ R. N. filio eorund ' R. I. Habend ' tenend ' pÌ„f. I. et R. tota vita ipsorÌ„ I. et R. et eorÌ„ alterius diutius viuenÌ„ Et post decessuÌ„ eorund ' I. R. easdem 6. acrÌ„ tÌ„re 3. acras prati 46. acrÌ„ pasturÌ„ cuÌ„ ê‘tinÌ„ integre remanÌ„ I. M. filie pÌ„d ' R. et I. vxoi eius Habend ' et tenend ' eid ' I. filie tota vita eiusd ' Therent I. filie reddend ' inde annuatim pÌ„d ' T. I. hered ' suis centÌ„ 8. s. 10. d' ad sestuÌ„ Annunc ' c. per equales porc ' annuatim soluend ' Et si A clause of distresse contingat praed ' aÌ„nualem redditÌ„ Cviij s. x. d. vel aliqua inde ê‘cella a retro fore in ê‘te vel in toto ê‘aliquod festum festoruÌ„ pÌ„d ' quo siue quibus vt prefertur solui debeat non solutÌ„ Qd ' tunc beneliceat pÌ„d ' T. I. hered ' assignatÌ„ suis tam tota vita naturali pÌ„d ' I. R. N. modo vxoris pÌ„Ä‘ R. eorum alterius diutius viuenÌ„ quaÌ„ tota vita pÌ„d ' I. fil' in pÌ„d ' 6. acras terre c. cum ê‘tinÌ„ in quanilibet inde ê‘cellam intrare distringere districtionÌ„ sic ibid ' captÌ„ liceat inde abducere effugare penes se retinere quousque de pÌ„d ' annuali redditÌ„ Cviij s. x. d. de qualibet inde ê‘cella vna cuÌ„ arrerag ' eiusd ' si que fuerint eis plena sie satisfact ' ê‘solutÌ„ Et vlterius ijdem T. I. concesserÌ„ pÌ„d ' R. H. duo messuagia vnuÌ„ pomatiuÌ„ The render of the residue vnuÌ„ gardinuÌ„ 16. acrÌ„ terre 3. acrÌ„ prati 12. acrÌ„ pasture resid ' cuÌ„ ê‘tinenÌ„ tenÌ„torÌ„ praed ' Et illa ei reddiderÌ„ in eadem curia Habend ' tenend ' eid ' R. pro termino vnius mensis Et post terminuÌ„ ill ' finitÌ„ ead ' duo messuagia vnum gardinÌ„ vnuÌ„ pomarÌ„ xvj acrÌ„ terre tres acrÌ„ prati et duodeceÌ„ acrÌ„ pasture resid ' integre remanere â—uidam R. N. I. vxori eius Habend ' et tenend ' eisdem R. R. I. tota vita ipsorÌ„ R. R. et
a fould course for 2000. sheepe PRaecipe Tho. comiti Sussex et Fran. vxori eius quod Sect. 116. iuste c. teneant Will ' Curson arÌ„ conuenc ' inter eos fact ' de manerio de B. cum pertmenÌ„ ac de 80. mesuagijs 40. cotagijs 10. toftis 100. gardinis 60. pomaâ—ijs 400. acris terrae 60. acris prati 200. acris pasturae 20. acris bosci 40. acris IampnoruÌ„ brueres 200. acris more 100. acris alneti et 20. s. red ' cum ê‘tinenÌ„ in Billingford alias Billingfoorth Bylowe alias Bylingh c. nec noÌ„ aduocationeÌ„ ecclesiae de Bylingfoord ac de libertate vnius Foldagijad 2000. ouium libera warrenna libera piscaria in B. c. Et nisi c. ¶ Et est concordia talis scilicet quod praedict ' comes Francisca recognouerunt praedict ' maneria tenementÌ„ et redditÌ„ cum pertinentijs ac aduocationem libertatem liberam warrennam liberam piscariam praedict ' esse ius ipsius W. vt illa quae idem W. habent de dono praed ' comit is et Fr. Et illa remiserÌ„ quiete clamauerunt de se haered ' suis Warrantie imperpetuum Et praeterea ijdeÌ„ comes et Fr. concesserÌ„ pro se haered ' ipsius comitis quod ipsi warrantizabunt manerium tenementa et redditÌ„ praed ' cum pertinentijs ac aduocationem libertatem liberam warrennam et liberam piscariam praed ' praefatÌ„ W. haered suis contra omnes homines imperpetuum Et pro hac 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 heires of the one of them and the same Conusces graunt and render againe the land to E. wife of one of the Conusors from Michelmas past for the tearme of 99. yeares without impeachment of wast yeelding a rent to the Conusees and to the heires and assignes of one of them with a clause of distresse for non payment of the rent and afterwards they graunt the rent and the reuercion of the lands in fee to one W W. PRaecipe W. Walgraue armÌ„ E. vxori eius E. E. Sect. 117. quod iuste c. teneant R. R. et T. G. conuencionem c. de duabus acrÌ„ terrae duabus acrÌ„ et dimid ' prati et 70. acris bosci cum pertinentijs in E. Et nisi c. ¶ Et est concordia talis scilicet quod praedict ' W. E. E. recognouerÌ„ praedictÌ„ tenemeÌ„ta cum ê‘tinentijs esse ius ipsius R. vt illa quae idem R. T. habent de dono praedict ' W. E. et E. Et illa remiserunt et quiete clamauerÌ„ de ipsis W. E. et E. haered ' suis praedict ' R. T. et haered ' ipsius R. imperpetuum Et praeterea ijdem W. et E. concesserunt pro Warrantie se et haered ' ipsius W. quod ipsi warrantizabunt praedict ' R. T. haered ' ipsius R. praedict ' tenementa cum pertinenÌ„ contra omnes homines imperpetuum Et pro hac recognicione c. praedictÌ„ R. R. et T. Therender G. concesserÌ„ praefatÌ„ E. praedictÌ„ tenementa cum pertinenÌ„ illa ei reddiderunt in eadem curia Habend ' tenend ' eidem E. a festo sancti Michaelâ—s Archangeli iam vltimo pÌ„territÌ„ vsque ad finem terminum 99. annorum tunc proximÌ„ sequenÌ„ et plenarie complend ' absque impeticione alicuius vasti Reddend ' inde annuatim praefatÌ„ R. et T. et haered ' Rent assignatÌ„ ipsius R. duranÌ„ toto termino praedict ' sexaginâ— solid ' vnum denarÌ„ legalis monete Angliae ad festum Annunciacionis beatae Clause of Distresse Mariae sancti Michaelis Archangeli equis porcionibus soluend ' Et si contingat praedict ' redditÌ„ 60. solid ' vnius denarij a retro fore in parte vel in toto post aliquod festum festorum praedict ' quibus vt praemittitur solui debeat non solutÌ„ quod tunc bene licebit praefatÌ„ R. T. haered ' assignatÌ„ ipsius R. in tenementa praedict ' cum pertinentiis intrare et distringere districtiones ibidem sic captÌ„ abducere asportare penes se retinere quousque de praedict ' redditÌ„ vna cum arreragijs eiusdem si quae fuerint plenarÌ„ fuerint satisfact ' contentÌ„ persolutÌ„ The render of the Rent reuercion of the land to one in â—ee Et vlterius ijdem R. R. et T. G. concesserÌ„ praedict ' redditÌ„ praedict ' 60. solid ' ac vnius denarij ac reuercionem tenementorum praedict ' cum pertinentijs praefatÌ„ W. W. haered ' suis imperpetuum CaptÌ„ recognitÌ„ fuit coram me W. Bendlose seruienÌ„ ad legem apud S in parochia de B. c. A fine knowledged by two vnto one with warrantie against all men ET est concordia talis scilicet Quod praed ' L G. T. B. recognouerÌ„ Sect. 118. Fine sur cognisance de droit tenementa pred' cum pertinenÌ„ esse ius ipsius I. G. vt illa quae idem I. habet de dono praedict ' E. T. Et illa remiserÌ„ et quiete clamauerunt de ipsis L. G. et T. hered ' suis praedict ' I. G. et haered ' suis imperpetuum Et praeterea ijdem L. G. T. concesâ—erÌ„ pro se et hered ' ipsius G. Warrantie quod ipsi warrantizabunt praed ' I. â—t hered ' suis tenementa praed ' cum pertinenÌ„ contra omnes homines imperpetuum Et pro hac c. A fine knowledged of two messuages and two gardens c. by the husband the wife and diuerse others to W. C. with seuerall warranties PRaec ' R. F. E. vxori eius G. C. et B. vxori eius qÄ‘ Sect. 119. teneant W. C. genÌ„ conuencionem c. de duobus mesuagijs duobus gardinis vno pomario 30. acris terrae decem acris prati 40. acris pasturae xvj s. redd ' cum pertinenÌ„ in W. D. Et nisi c. ¶ Et est concordia talis scilicet quod praedict ' R. E. G. B. recognouerunt tenementa praedict ' cum pertinenÌ„ esse ius ipsius W. vt illa quae idem W. habet de dono praedict ' R. et E. G. et B. Et illa remiserÌ„ Generall warrantie quiete clamauerunt de ipsis R. E. et G. B. haered ' ipsorum G. E. et B. praefatÌ„ W. et haered ' suis imperpetuum Et praeterea ijdem C. E. concesserunt pro se haered ' ipsius E. quod ipsi warrantizabunt Speciall warrantie tenementa pred' cum pertinenÌ„ praefatÌ„ W. hered ' suis contra omnes homines imperpetuum Et vlterius ijdem G. et B. concesserunt
for the rent and then he must show the commencement thereof and his title thereunto which the plaintife may answere 31. H. 6. 8. 36. H. 6. In Quem redd ' reddit if the tenant wil disclaime he may plede that Disclaimer he was not tenant of the land the day of the note leuied for this writ lyeth against none but him which is then tenant 8. H. 6. 15. I write thus briefely of this writ because it so much resembleth a Quid iuris clamat Per que seruitia PEr que seruitia is a Iudiciall writ issuing from the note of a fine Sect ' 167. lyeth for the Cognisee of a manor seigniory chiefe rent or other seruices to compel him that is tenant of the land at the time of the note of the fine leuied to attorne vnto him 43. E. 3. 8. H. 6. 17. Plow 46. b. which is made thus Regina c. Vic' K. salutem Praecipimus tibi quod venire facias coram The writ Iusticiarijs nostris apud W. in crastinÌ„ c. S. F. R. L. c. ad L. c. ad cognoscend ' per que seruitia tenent tenÌ„ta sua cum pertinÌ„ in B. que seruitia E. L. in curia nostrÌ„ coram Iusticiarijs nrÌ„is apud W. concesâ—it W. B. per finem ibi inde inter â—os factum Et habeas ibi hoc breue Teste c. If the Lord grant the seruices of his tenant by fine or otherwise the Lord before attornemeÌ„t shal haue such things as lye in prender as the warde of the bodie of the heire and of the lande escheates c. But not such things as lie in render as rents and reliefe heriots other feruiuices for he cannot auow for them before the atturnement If a man graunt the seruices of his tenant for life this writ lieth Br. Sur graunt for life Per que seruitia 13. If seruices be graunted to I. S. for life the reuersion to N. N. and I. S. die before atturnement he in reuersion shall haue Per que seruitia 20. H. 6. 7. If Per que seruitia be brought against diuerse of which some onely appeare they are compellable to atturne 21. E. 3. 48. T. 32. E. 3. Vpon whose alienations the tenant is not compellable to atturne IF tenant in taile of seruices leuie a fine thereof the tenant of the land Sect ' 168. Tâ—â— taile is not compellable to atturne 48. E. 3. 23. Because that if the cognisor die the tenant is subiect to the distresse both of the cognisee of the issue in taile 24. E. 3. 25. 43. E. 3. Neuerthelesse vpon a fine with proclamation in such case which barreth the issue in taile the tenant seemeth compellable to atturne If a fine be leuied by him which was neuer seased of the seruices the Conisor neuer seased tenant is not compellable to atturne H. 6. E. 2. If the tenant for life or any other particuler tenant of seruices which To a ê‘ticuler tenant haue them not in fee leuie a fine thereof the terre tenant is not compellable to attorne ltinÌ„ North. 3. E. 3. If one ioint tenant of a seiguiory graunt c. the tenant is not compellable Iointenancy to attorne 9. E. 2. Against whom a Per que seruitia lieth and whom not IT lieth against him onely that is tenant of the land at the time of the Sect ' 169. Terre tenant note of the fine leuied 8. H. 6. 17. 18. E. 4. 10. And therefore must not varie from the fine 18. E. 4. 10. 45. E. 3. 25. E. 3. 50. Therefore it seemeth that if he which is tenant at the leuying of the note do die or alien before attornemeÌ„t had that neither his heire nor the alienee is compellable to attorne H. 26. E. 3. 56. 18. E. 4. 25. E. 3. 50. 10 yet his attornement is good Ibid ' M. 31. E. 3. Ar Pioresse recluse is compellable to atturne 43. E. 3. And an infant A Recluse 26. E. 3. 62. And a man only dumbe by writing or signes 26. E. 3. 62. But a man surde mute is not coÌ„pellable to atturne 26. E. 3. 62. Mute Deafe Madnesse Nor a man de non sane memoriae as a madman a lunatike an Ideot 26. E. 3. 62. Nor a tenant by curtesie for the feeblenesse of his estate 9. E. 3. 31. T. by curtesy Late feoffemÌ„t He that is infeoffed by the Lord post StatÌ„ Quia emptores c. is not coÌ„pellable to atturne for he holdeth of the Lord peramouÌ„t 39. E. 3. 19. The writ of Per que seruitia ought to shew the quantity of the tenanâ—y Quantity H. 14. E. 3. for it is trauersable T. 20. E. 3. H. 26. H. 6. All persons that may be Cognisees may haue this writ Per que seruitia ought to be in the Countie where the fine is knowledged County albeit the mannor be in one Countie and the seruices in an other Countie 21. E. 3. 18. Nonsuite in this action is not peremptorie 24. E. 3. 25. nor the death Nonsuite of the Cognisor after the note leuied Per que seruitia lieth a yere or more after the note leuied 29. E. 3. 46. Time Atturney After peremptorie issue ioined the tenant in Per que seruitia may make Atturney for if the issue be tried against him it doth counteruaile atturnement and then he may be distreined before atturnement 48. E. 3. 24. 39. E. 3. 26. Nontenure the day of the note leuied is a good barre in Per que seruitia Nontenure 8. H. 6. 17. 21. H. 4. 72. It is also a good plea that before the note leuied the Cognisor graunted Former grant the seruices to an other and that he thereupon did atturne 9. E. 3. 31 The tenant in Per que seruitia cannot disclaime but may plede Non Disclaime tenure vt supra 21. H. 4. 72. After iudgement processe is Distringas ad atturnandum 4. E. 3. 2. E. Processe post iudicium 3. 9. 5. E. 4. 2. If the mesne leuie a fine of his mesâ—altie to A. for life the Remainder Atturnement with an exception to B. in fee A. bringeth a Per que seruitia and the tenant atturneth hauing his acquital yet shall not he in the remainder auowe before he also acknowledged the acquitaile 18. E. 4. 7. But a feme Couert tannot confesse acquitaile in Per que seruitia because Feme couert Acquitaile she is not examinable in this suit 9. E. 2. 45. E. 3. And the tenant may atturne sauing Acquitaile and warrantie according to a deed thereof M. 15. E. 3. 5. H. 5. E. 3. E. Itinere North. A man may graunt seruices before he haue seisin thereof in fait H. 6. Seisin E. 2. Fitz. Per que seruitia 22. It seemeth vpon the graunt of a Manor cum ê‘tinÌ„ the seruices passe A manor without atturnement as parcel
of the Manor that the Lord may auow without atturnement 26. H. 6. Fitz. Per que seruitia 21. If the tenant in Per que seruitia appeare confesse the action at the Fine ImprisonmeÌ„t Distringas ad atturnand ' after iudgement will not atturne he is punishable by imprisonment or fine at the discretion of the Court as it seemeth 3. E. 3. ItinÌ„ North. Fitz. per que seruitia 17. Coparceners Iointenants and tenants in common may not fourch Essoine by essoine to essoine seuerally but haue onely one essoine as one sole tenant might haue W. 1. cap. 42. 3. E. 1. Rast ' esâ—oine 4. Of the Ingrossing of Fines WHen the note of the fine is made with the Custos breuium if it Sect ' 170. be of lands in possession or when atturnement is made if it be of a reuersion remainder rents or seruices then may it be ingrossed by the Chirographer And the Ingrossing of a fine is nothing els but the entring of the coÌ„cord Ingrossing thereof with the Chirographer and the writing and deliuery of the Indentures thereof Fitz. na 147. a 5. H. 4. ca. 14. which be called the Chirographe of the fine and is made in forme following viz. Haec est finalis concordia facta in curia dnÌ„ae Reg. apud WestmÌ„ a die Fine en taile de reuersion de rent Pasch in 15. dies AnÌ„ regni Eliz. c. 39. coram Edmundo Anderson T. Walmsley R. O. R. B. Iustic ' dnÌ„ae Reg. alijs fidelibus tunc ibi presentibus inter A. B. querÌ„ L. C. deforc ' de decem mercatÌ„ redditÌ„ cum pertinÌ„ in B. quem P. de A. tenent ad terminum vite vnde placitum conuentionis sumÌ„ fuit inter eos in ead ' curÌ„ scz quod praed ' L. concessit pro se heredibus suis quod praed ' redd ' cum pertinÌ„ quem praed ' P. tenuit ad terminum vite ex dimissione pÌ„d ' L. in praed ' vill ' die quo hec concordia facta fuit qui post decessum ipsius P. ad praedict ' L. heredes suos debuit reuerti post decessum ipsius P. integre remaneant praedict ' A. RemÌ„ as heires de corps hered ' de corpore suo procreatÌ„ tenend ' de capital ' dominis feodi illius per seruitia que ad praed ' redd ' pertinent imperpetuum si contingat RemÌ„ as droit heires quod idem A. obierit fine herede de corpore suo procreatÌ„ tunc post decessum ipsius A. praed ' redd ' cum pertinÌ„ integre remanebit rectis heredibus ipsius A. tenend ' de capitalibus dominis feodi illius per seruitia que ad praed ' redd ' pertinent imperpetuuÌ„ Et pro hac concessione fine concordia idem A. dedit pref L. centum marcas argenti And so of others according to the diuersitie of their cases Of the Tabling of fines ingrossed The Chirographer of fines of the common plecs for euer must write Sect ' 172. Tables and make one table for euery county where her Maiesties writ ruÌ„neth conteining the contentes of euery fine that shall passe in any one terme as the name of the County townes and places wherein the tenements mencioned in any fine be the name of yâ— plaintife deforceant of euery manor named in any fine And the first day of the next terme after thingrossing of euery such fine shal fixe euery of the said tables in some open place of the court of Common plees and so euery day of the said terme during the sitting of the said Court and the said Cirographer shall deliuer to euery sheriffe of euery County his vndersherife or deputie faire written in parchment a perfect content of the table so to Contents be made for that shire in the terme that shal be next before thassises to be holden in the same county or els meane betweene the terme and the said assises to be set vp the first day euery day of the next assises in some open place of the Court where the Iustices of assises then shal sit to continue there so long as they shall sit in the said Court if either the Chirographer or sherife faile herein he forfaiteth v. li. and the Chirographers fee for euery such table is iiii d 23. Eliz. cap. 3. How many proclamations are to be made vpon fines and when FOure proclamations onely are now to be made vpon euery fine with Sect ' 172. proclamation that is to say one in the terme in which the fine is ingrossed and in euery one of the three termes next insuing the ingrossing thereof one proclamation 31. Eliz. cap. 2. But if any of the same proclamations faile by reason of the adiornement AdiournemeÌ„t of any of the said termes by writ of adiournement duely made yet is such fine good and a good fine with proclamations as if the same had bin proclaimed 1. Mar. ca. 7. Bu if any proclamation be made vpon a sunday it is error because it Sundaies is not dies Iuridicus Dyer fo 128. pl. 53. 55. 2. Eliz. Of Proclamations of fines at the assises and general Sessions how they must be certified TO the end better notice of fines may come to them to whom it appertaineth Sect ' 173. Sessions it is ordained by the said statute of 4. H. 7. ca. 24. That the Iustices of the common place shall send a transcript of such fines to the Iustices of assises in the counties where the lands doe lie to be proclaimed Assises openly and solemnly at all the assises which shal be there in holden within one yere after the Ingrossing of such fines And that the like Transcript be made to the Iustices of the peace there to be proclaimed at foure generall Sessions in the said Counties and both the same proclamations to be made and certified into the common place the second day of the returne of the terme then next following And it is to be noted That while the said fines are read all plees must cease 4. H. 7. cap. 24. The forme of euery such proclamation is thus After the crier hath Proclamation made an O yes for silence saying O yes les fines lies or to that effect the Cirographer or his deputie readeth the fines thus EborÌ„ A Fine with proclamations betweene A. B. plaintife and C. D. deforciant of tenements in D. c. If the cognisees in fines die before thingrossing thereof no Proclamations Cogniseâ— dead shal be made because they had their election to haue yâ— fine with proclamations or without which election is now by their death determined Dier fo 254. pl. 104. 8. Eliz. Plow fo 266. b. Of the Inrolement of all the parts of fines after the ingrossing thereof and Proclamations passed BY the Statute of 23. Eliz. ca. 3. it is ordeined that there shall be for Sect ' 174. Office of Inrolment
infeoffe an other and take estate from him in fee the first warrantie is determined because he is now in of a new estate Fitz. nat fol. 135. a. So if A. disseise B. and infeoffe C. with warrantie who infeoffeth D. with warrantie vpon whom an estranger eâ—treth in whâ—se possession B. the disseisor releaseth his right now all former warranties are extinct And albeit D. is impleaded yet shall he not haue Warrantia chartae because he is in of an other estate by wrong Fitz. nat 135. g. 21. H. 6. 41. 22. H. 6. 22. If there be three IointenaÌ„ts and th one release to the rest they may Releas per Iointenants deraigne the former warrantie by voucher or Warrantia chartae for they be in a third part by the release 40. E. 3. 41. Warrantia chartae lyeth against a villein 48. E. 3. 17. Villenage The writ of WarrÌ„ chaâ—tae must be sued haÌ„ging the principal plea before iudgement as of Assise or Entre in nature of assise 48. E. 3. 22. RegistrÌ„ orig ' f. 158. a. for then if the warrenter do die yet the writ shal not abate but his heire shal be resummoned to answere vpon the same yet may a Warr ' chartae be sued before he be impleaded quia timet implacitari the bl shal recouer in valne ê“ loco tempore of such lands as the defendaÌ„t had at the purchasing of the writ Fitz. na f. 134. k. 12. H. 4. 12. 21. H. 6. 41. 22. H. 6. 22. 24. E. 3. 35. But he must not haue executioÌ„ but if afterwards he be put out by iudgemeÌ„t he shal haue his warranty vpoÌ„ his first recouery 21. H. 6. 41. 21. H. 6. 22. 12. H. 4. 12. In WarrÌ„ chartae it is a good plea for the defendaÌ„t that hanging the Nontenure plea the demandant in the principall plee hath entred vpon the plaintife being then tenant of the land or that the plaintife in this actioÌ„ had nothing in the land the day of the fist writ purchased nor at any time after 21. H. 6. 49. 3. E. 3. 45. E. 3. 5. Warr ' chartae may be brought in any countie if the deed beare not Countie date in a place certen 31. E. 3. Tenants in commen may ioyne in Warr ' Chartae 28. E. 3. 90. Tenant in comen I. H. fil' haerÌ„ Isabel ' quae fuit vxor R. sumÌ„ fuit ad respond ' I. T. I. vxori eius de placito quod warrÌ„ eis vnum mesuag ' cum pertinentijs Count per Baron femme sur fine oâ—e garrÌ„ in S. quod de â—o tenet de â—o tenere clamÌ„ vnde cartam Isabel ' magistris praedict ' I. H. cuius heres ipse est habet c. Et vnde c. dic ' quod quidam finis leuauit in curia domini reg ' nunc in oct ' S. Hill ' annÌ„ c coram T. B. socijs suis tunc Iustiâ— ' ipsius domini regis de banco intÌ„ ipsos I. T. I. querÌ„ R. de B. praed ' Isabel ' adtunc vxorÌ„ eius deforc ' Inter alia per nomen Finis de reuersion de mes praed ' cuÌ„ pertinÌ„ inter alias tÌ„ras tenemÌ„ta per nomen c. cuÌ„ pertinÌ„ in S. in comÌ„ pÌ„d ' per queÌ„ fineÌ„ praed ' R. I. concesserunt pro se haered ' ipsius I. qd ' quatuor acrÌ„ terr' cum pertinentÌ„ de pÌ„d ' tenemeÌ„tÌ„ quas G. et M. vxor eius tenuerunt ad tÌ„minum vitae ipsius M. de haereditatÌ„ pÌ„d ' Isab in S praed ' die qua haec concordia facta fuit et quae post decessum ipsius M. ad pÌ„d ' R. et I. et her ' ipsius Isab reuerti debuerunt post decessum ipsius M. integre remanereÌ„t praed ' I. et I. et haered ' suis praed ' tenend ' simul cum praed ' tenementÌ„ quae eis per finem illum remanserant de praed ' R. Isab haered ' ipsius I. praed ' seruic ' sicut praed ' est imperpetuum Et ijdem R. Is similiter concesserunt pro se haeredibus ipsius I. qd ' ipsi warr ' praedict ' I. et I. et haered ' suis predict ' praed ' tenementÌ„ cum pertinentÌ„ sicut praedictÌ„ est contra omnes homines imperpetuum Et si contingeret quod ijdem I. I. obirent sine haered ' de corporibus suis exeuntibus tunc post decessum ipsoruÌ„ I. I. praed ' tenementÌ„ Tayle cum pertinentÌ„ sicut praedict ' est integre reuerterentur ad praedict ' R. I. et hered ' ipsius I. quieta de alijs haeredibus predict ' I. et I. tenendum de capitalibus dominis feodi illius per seruicia quae ad pred' tenementÌ„ pertinent imperpetuuÌ„ praed ' R. et I. postea obierunt ê‘ qd ' ad ipsos I. T. I. pertinuit habend ' de praefatÌ„ I. H. vt fil' et hered ' ipsius I. warr ' suam preÄ‘ Ac quidam I R. arrainÌ„ quanda assisam noue disseisin ' coram T. W. et I. Iustic ' domini reg ' nunc ad assisas in comÌ„ praed ' capiend ' assign ' versus ipsos I. T. et I. de praed ' tenementis ijdem I. T. I. saepius requisierunt ipsum I. H vt fil' hered ' ipsius Isab ad warrÌ„ eisdem I. T. et I. praed ' tenementÌ„ et idem I. H. tenementÌ„ illa sic warrÌ„ coÌ„tradixit adhuc contradicit vnde dic ' qd ' deterioratÌ„ sunt damnum habent ad valenc ' 100. li. Et inde produc ' sect ' c. I. T. sumÌ„ fuit ad respoÌ„dend ' H. W. de placito quod ei vnum mes c. Count sur fait oue garrÌ„ cum pertinentÌ„ in B. quae de eo tenet de eo tenere clamat vnde cartÌ„ suam habet vnde c. dic ' quod cum praed ' I. seisitÌ„ fuisset de tenementÌ„ pÌ„d ' cum pertinÌ„ in dnÌ„ico suo vt de feodo sic inde seisitÌ„ per quaÌ„dam cartÌ„ suam quam ideÌ„ H. hic in curia ê“fert cuius datÌ„ est apud B. tali die anno c. dedisset concessisset et confirmasset eidem H. tenementa Inter alia per nomen praed ' cum ê‘tinenÌ„ inter alia terrÌ„ c. per nomeÌ„ vt in carta c. habend ' eid ' H. haered ' et assignatÌ„ suis imperpetuum obligasset se hered ' suos ad warrÌ„ eid ' H. hered ' assignatÌ„ suis tenÌ„ta praed ' cuÌ„ pertinÌ„ contra oeÌ„s hoiÌ„es imperpetuuÌ„ Ac idem H. virtute doni illius de tenÌ„tis pÌ„d ' seisitus fuisset in dominico suo vt de feodo quidamque T. arrainÌ„ vers ipsum H. quandaÌ„ assisam noue disseisine de praed ' mess terrÌ„ cum ê‘tinÌ„ coraÌ„ I. M. I.
of them yet it is the award good for that part notwithstanding as if the submission be of all actions real and personal and the award of actions personall onely and if it be de iure possessione and the award is only de possessione 19. H. 6. 6. per cur̄ notwithstanding the contrary opinion of Prisot 39. H. 6. 9. An award that an action shal be sued betweene the parties by the aduise of A. and B. is good for that A. and B. in this case are not Arbitrators but executors of the award yet quere for it is vncerteine whether they will giue aduise or no. 8. E. 4. 1. 4. Arbitrement that the plaintife shall pay to the defendant x. li. and release to him all actions And that the defendant shall release to the plaintife all actions is good 20. H. 6. 18. 19. Arbitrement that either partie shal release to other all actions that because the one hath trespassed more then the other he shall pay to the other ◠s. is good 20. H. 6. 18. 19. Arbitrement that either party shall go quite against other is good 20. H. 6. 18. 19. 10. H. 6. 14. 19. H. 6. 36. 22. H. 6. 39. Dyer 356. 16 Eliz. pla 39. 21. H. 6. that it is not good if the submission were by parol 9. Ed. 4. 8. An arbitrement in trespasse is not good if it award not something to the plaintife for amends 43. E. 3. 28. In trespasse of goods taken it is no good award that the defendant shall reteine part of the goods and the plaintife haue the rest 17. Edw. 3. 16. In debt of x. li. it is no good Arbitrement that the plaintife shall retaine the one moity the defendant haue the other 45. E. 3. 16. In trespas award that if the defendant wil wage his Law that he is not guiltie that then he shall go quite and that the plaintife shal release vnto him seemeth good 46. E. 3. 17. Award that for so much as the one hath done more trespasse then the other therefore he shall giue him a peny for amends And that the other shall go quite against him is good 19. H. 6. 3. 6. By Prisot if two submit themselues to Arbitrement of all trespasses c. and it is awarded that the one shall make amendes to the other and nothing is awarded for the others benefit this award is void 7. H. 6. 40 39. H. 6. 9. 22. E. 4. 25. So if it were that the one only shall go quite against the other for an award must be final obligatory and satisfactory to both parties 7. H. 6. 40. 19. H. 6. 36. 20. H. 6. 18. Award in trespas of goods taken that the defendant shal cary and redeliuer the goods taken to the plaintife is good 12. H. 7. 14. 15. Award that the one partie shall pay xx s̄ or enfeoffe c. is good and the performance of either suffiseth 21. H. 6. 22. H. 6. 52. An award that one of the parties shall do an act to an estraunger is void if the parties be not bound 22. H. 6. 46. Or if an award be to pay x. li. to an estraunger it is void for how can he pay the same if he will not accept it 22. H. 6. 46. 8. E. 4. 1. 9. Or if the award be that hee shall cause an estraunger to enfeoffe the other partie for he hath no meane to compell the straunger 17. E. 4. 5. So if it be awarded that he shal be bound with suerties 18. E. 4. 22. 23. 5. H. 7. 23. Arbitrement that money shal be payd at a day to come is good for the partie may thereof haue an action of debt after the day if it be not paied accordingly 20. H. 6. 12. 5. E. 4. 7. But award to do any other thing at a day to come is void if the submission be not by specialtie because the partie hath no meanes to compell his aduersarie to performe it 5. E. 4. 7. and 24. An award is void as is said if it neither be executed nor any meanes by law for the execuiton thereof As if it be awarded that th one shal pay to thother x. pound this is good for hee may recouer the same by action of Debt But if it were awarded that th one should deliuer to thother an acre of land or do such like act executory it were void if it be not deliuered straight way or prouision made by bond or otherwise to compel the performance thereof according to the award 19. H. 6. 36. 20. H. 6. 12. 5. E. 4. 7 19. E. 4. 8. Thus much of the doctrine of Arbitrementes now of their seuerall formes An Arbitrement or award of lands by which the partie couenanteth to performe it THis Indenture made c. betweene T. R. of c. of the one partie Sect 45. and L. M. of c. of the other partie Witnesseth that whereas there hath beene and yet is contention variance and suite betwixt the said parties not onely for and concerning the right title and interest of and in a certaine quantity of ground by estimation two acres or thereabout lying in K. and adioyning to the Mill of the said T. R. in T. aforesaid claymed by eyther of the said parties to be his owne land and inheritance But also for and concerning certayne wayes to the Mill of the sayd T. through the ground of the said L. from al the Townes Villages Hamlets and other places in the North side of the riuer of D. bordering lying and being within the space of ten miles of the said Mill and all other matters and controuersies betwixt the said parties For the friendly ending and appeasing of which said variances and controuersies the said parties haue compromitted and submitted and by these presents do compromit and submit themselues and all matters in variance aforesaid to the order arbitrement award doome and iudgement of F. W. and T. W. Whereupon the said arbitrators hauing viewed the said groūd in variance and perused diuers writings and euidences concerning the same and heard the testimony and witnes of diuers auncient men neighbors dwelling nigh the said ground aswell touching the occupation and vsage of the said ground by the said T. R. and his auncestors as also the said waies vsed vnto the said Mill by thinhabitants aforesaid time out of mind do make and declare their award order doome and Iudgement touching the premisses and euery part of them ✿ And the said T. R. and L. M. do couenant and grannt seuerally either of them to and with the other for themselues their heires executors and administrators in maner and forme following And first the said Arbitrators do order award and iudge And the said L. M. is so contented and agreed and accordingly doth couenant and graunt for him and his heires to and with the said T. R. his heires c. that he the said T. R. shal and may from hence forth haue hold occupie and
the moderation of extremitie Diuers CurÌ„ 105. Nam ipse etiam leges cupiunt vt iure regantur id est vt leui facili ac benigna interpretatione temperentur vereque dicitur Nullus recedat a Cancellaria sine remedio 4. H. 7. 4. Of Conscience THis Conscience is defined Reliqua in hominerationis scintilla bonorum Sect ' 13. malorumque facinorum index Iudex igitur bipertita ea approbatio scilicet opprobatio illa in bene hec in secus factis Iustus Lipsus lib. ciuilis doctrina cap. 5. or thus Conscientia est taâ—itum animi infallibileque facti nostri iudicium a communi Iustitiae formula quam Deus insculpsit omnibus hominibus productum per quod aut accusatur res mala aut defendiâ— bona Oldendorpius Corasius in Miscel lib. 4. cap. 20. Conscience is an actuall applying of knowledge to some particuler act of man as Saint Germain saith Doct. and Stu. cap. 15. And Synderesis which is termed a natural power of the Soule perswading good and disswading euil D. S. lib. 1. cap. 13. is nothing els but attenta obseruationis occasio cuÌ„ oâ—bus circumstantijs eius Theucid lib. 7. and ministreth the general principles of that knowledge Vere igitur diâ—itur conscientiam veraÌ„ nisi adhibeat Iudex non potest causam secundum equitatem definire simille testes totidemque videat ob oculos instrumenta Conscientia enim cum mille testium vim obtineat certa est non fallitur At in probationibus saepe vel error vel dolus versatur sicut experientia heu nimis frequens nos docet Oldend Of Iudgements in Chauncerie SO great is the power iurisdiction and maiestie of this court that Sect. 14. Iudgements therein giuen are not to be controlled or reuersed in any other Court then the high Court of Parliament which is the chiefest of all other Courts in this Realme Diuers Cur. 105. 37. H. 6. 14. Of the power ordinarie of the Chauncerie ANd this Court is armed with twofold power that is to say with Sect. 15. power ordinarie and absolute 9. E. 4. 15. By ordinary power the Lord Chauncelor proceedeth as at the common Law as in proceeding vpon Recognizances there knowledged and trauerses of offices in which parties are to plead and ioyne issue as at common Law And so in suit against or for Clerkes of the Chauncerie and other persons priuiledged by Attachment there for matter of action remediable by the common Law c. But when they be at issue the Record must be transmitted into the K. Bench to be tried by Iurie And when it is so tried it must be remaunded into the Chauncerie that iudgement may be there giuen and execution had vpon the same 24. E. 3. 45. 14. E. 4. 7. 8. E. 4. 6. Of the power absolute of the Chauncerie THe absolute power is not tied to the rules of the common Law Sect. 16. but by that matters may be examined omnibus vijs modis quibus rei veritas melius sciri poterit iudged secundum allegata probata and not by Iurie of twelue men as at the common Law But by examination of witnesses as in the courtes of the Ciuill Law Smithus de Rep. Angl. lib. 2. cap. 12. Diuers Cur. 106. 9. E. 4. 15. Neither is such precise forme of pleading vsed in the ChauÌ„cerie as at the common Law nor any aduaÌ„tage to be taken for mispleading or want of forme so as the substance of the matter be sufficiently disclosed in conscience Diuers Cur. 106. 9. E. 4. 15. 24. E. 3. 45. 14. E. 4. 7. Diuers other speciall aucthorities and priuiledges hath the Lord Chauncelor by sundrie Statutes as thereby appeareth And partition made in the Chauncery rendring rent is good and may well be sent into the Kings Bench and execution thereupon made by Scire facias â—7 H. 6. 43. li. Ass 32. And if lands be recouered from a woman whereof she was endowed in the ChauÌ„cerie she may haue a Scire facias there to be newly endowed 29. Ass 23. Of a Subpena ANd seeing the ordinarie meanes to call and bring in the parties to Sect. 17. aunswere in this Court is eyther by the Serieant of the Mace as before or by Subpena which onely is thoriginall processe of this court and must be directed to the parties D. St. lib. 1. cap. 17. Smith de Rep. Ang. lib. 2. cap. 12. Cases remediable in Chauncerie HAuing thus perused Equitie and summum Ius with their differences Sect. 18. and also what conscience is whereupon suits in this court do chiefly lie It seemeth good now specially to consider such speciall cases as be remediable in Chauncerie and for which a writ of Subpena lieth there as in cases following A Subpena lyeth in no case but where the common Law fayleth so as the partie who in Equitie hath wrong can haue none ordinarie remedie by the course and rules of the common Law 39. H. 6. 26. 7. H. 7. 11. as in these cases following and such like As if the Queene by her letters Patents giue vnto A. goods forfeited to her highnes by Treason A. may sue for the same in Chauncerie 39. H. 6. 26. And it seemeth if one Coexecutor alone releas debt due to the testator his companion may thereof haue remedie in Chauncery against his Coexecutor onely if no couin be in the debtor but if there be then against them both 4. H. 7. 4. Diuers Cur. 106. And by Moyle if in a Quare impedit by two Coparceners th one make a false plea of couin betweene him the defendant then his companioÌ„ by suit in the Court may enforce him to ioine with him in a true count 6. E. 4. 10. If lands in Auncient demesne extended by statute Marchant be recouered by common recouerie the cognizee hath no remedie but in conscience 7. H. 7. 11. If feoffees in trust commaunded by cestuy qÌ„ vse to enfeoffe his vendee refuse to do it a Subpena lyeth for the vendee against them 37. H. 6. 36. If cestuy qÌ„ vse deuise by his will that his feoffees make an estate to I. S. for life the remainder to H. in fee and I. refuse to take his estate H. after the death of I. may by Subpena compell the feoffees to make estate to him accordingly per Ienny Finch 37. H. 6. 36. Tenant in Borough english enfeoffe A. to the vse of the feoffor and his heires and die his yongest sonne shall haue a Subpena and not the eldest for the vse is of the nature of the land 5. E. 4. 7. If a man make a feoffement in trust of lands discended to him ex parte matris and die without issue his heire ex parte matris may haue a Subpena 5. E. 4. 7. If a man make a feoffement to performe his will and after to infeoffe his heires and declare his will for yeares and die hauing issue a sonne and a daughter by one venter
hath once affirmed of record in a Court of Record nor affirme that which he hath once denied of record in a Court of Record nor that whereof he wilfully estopped or excluded himselfe by deed indented or otherwise As if a daughter which is sole heire to her father sue liuerie with her bastard sister she is remedilesse by law D. S. lib. 1. cap. 19. If a thing be found by verdict against trueth before iudgement D. S. lib. 1. cap. 19. Where the cause of the law ceaseth the law also ceaseth in conscience As lessee for yeares recouereth by iudgement treble damages for a trespas of wast done by an estranger And he in the reuersion dieth before his action of wast be ended yet in conscience he ought to sue execution for his single damages for he had no more hurt thereby D. S. lib. 1. cap. 19. A Law grouÌ„ded vpon a false presumption is not to be holden in conscience D. S. lib. 1. cap. 19. Conscience may not preuaile against a lawfull Custome either generall or particuler As in discents of lands to the eldest sonne by the common Law to the yongest by Borough English and to al by Gauelkind D. S. lib. 1. cap. 19. So if a man without consideration make a deede of feoffement of two acres of land lying each in a seuerall Shire and make liuery of seisin in th one acre onely in the name of both that wherein liuerie of seisin was made onely passeth in law and conscience Doct. St. lib. 1. cap. 20. If one Iointenant of a wood sell the wood and keepe all the money receiued for it wholly to himself his fellow may haue remedy in Chancerie lib. 1. cap. 19. And so it seemeth if they were Iointenants in common or Coparceners of other things If a common person of his mere motion without other consideratioÌ„ make a feoffement of a manor without these words with the appurtenances he hath right onely to the demeanes and coÌ„mons and rents of the attournement but neither to Aduowson appendant nor villein regardant But in the Kings case notwithstanding the words with thappurtenances were in the graunt yet neither Aduowsons nor Villeines do passe either by Law or conscience vnlesse they be especially named D. S. Lib. 1. cap. 19. 6. E. 3. 286. Regist fol. 228. Fundamenta Legum fol. 70. 43. E. 3. 22. If a lease for yeares be reseruing rent with a clause of reentrie the rent is behind the lessor dieth before demaund the heire can neither enter by law nor consciâ—â—e Otherwise if he made a lawfull demaund thereof D. S. lib. 1. cap. 20. If tenant in Dower sow the land and die before the Corne be reaped hir executors shall haue the Corne but not the grasse nor other fruits D. S. Lib. 1. cap. 20. If tenant for life or tenant in taile after possibilitie of issue alien in fee he in the reuersion or remainder may enter and haue the land by the forfeiture in law and conscience D. S. Lib. 1. cap. 20. 45. E. 3. 3. Euery Law ordeined for the disposition of lands or goods contrarie neither to the Law of God nor to the Law of Reason bindeth in the Court of Conscience D. S. Lib. 1. cap. 20. Whether one of the age of xx yeares who hauing reason and wisdome to gouerne himselfe selleth his land for money and therewith buy other lands of better value and taketh the profits thereof may haue his first land againe in conscience as he may in law repaying the money which he receiued Yet seemeth he may because the contract is insufficient by reason of the infancy D. S. lib. 1. cap. 21. If a man sell his land by a sufficient and lawfull contract though he want liuerie or attournement or such other solempnities of the Law yet the sellor is compelable in the Chauncerie to performe the contract D. S. lib. 1. cap. 21. If the tenant for life impanelled on an Inquest loose issues die they are leuiable by law on him in the reuersioÌ„ And so be the husbands issues after his death vpon the wiues land and as it seemeth in Conscience for the necessitie of the execution of Iustice D. S. lib. 2. cap. 21. No man is bound in Conscience to pay the penaltie of a penall statute nor other penaltie vntill it be lawfully recouered against him D. S. lib. 1. cap. 23. If A. infeoffe B. in fee of land vpon condition that if he infeoffe any other that A. and his heires may enter this condition seemeth void in Law and Conscience because it is contrary to the Maximes of the law notwithstaÌ„ding thintent of the parties for thintent must be ordered by law if it be not it is void as by a feoffement of lands without recompence to A. for euer he hath estate for life onely for want of the woord heires And a Lease to A. his heires for xx yeares shall go to his executors because it is a chattel so by feoffement without recoÌ„pence to a man his wife a third person the husband wife take only the moitie because they are but one person in law D. S. lib. 1. cap. 24. A fine with proclamation no claime within v. yeres extinguisheth the right of all estrangers aswell of the parties by law And by Conscience also as it seemeth because thereby the right and title is made certaine and thereby the common wealth more quiet and it is not contrarie to Gods law Doct. St. 25. Common recouery with vouchers vpon writs of Entre orderly pursued and no recouery in value to be had in deed barre thissue in taile in law 23. H. 8. Br. Taile 23. 14. E. 4. 14. 19. 13. E. 4. 1. And in conscience as it seemeth for as the intailes are made by law West 2. ca. 1. euen so by law may they be adnulled And such Lawes as concerne right or propertie to things and be not contrarie to the lawes of God or of reason are good in conscience D. S. lib. 1. cap. 6. If a disseisor giue the lands to I. S. in taile he graunteth vnto the disseisee rent out of the same lands in consideration wherof the disseisee releaseth his right this graunt bindeth the issue in taile for euer in law and conscience because this release doth confirme his estate which the disseisee might else haue defeated D. S. Lib. 1. cap. 27. 44. E. 3. 22. If the bodie of a debtor that hath nothing be by iudgement imprisoned vntill he pay his debt hee seemeth remedylesse in Conscience D. S. lib. 1. cap. 29. A recouerie with vouchers of an annuitie intailed bindeth thissue in taile neither in law nor conscience because a writ of Entre doth not lie for an Annuity nor any other writ then only a writ of Annuity against the person of the grantor or his heire hauing assets by discent Or against a Corporation if it be graunted to be perceiued out of their cofers for that an Annuitie is no freehold in
default of apparance aswel in Court Baron as in Courts of Record 28. H. 6. fo 34. H. 6. fo 29. and 40. 21. E. 4. fo 78. A man is disseised of landes the disseisor selleth the land the alienee knowing of the disseisin obtaineth a release with warrantie from a collateral auncester of the disseisee who also knoweth that the disseisee hath good right and title to haue the same landes that collaterall auncester dieth the warrantie discendeth vpon the disseisee as his heire without assets yet the disseisee is barred by law and conscience for it were inconuenieÌ„t that such releases other writings should be auoided by such allegations of conscience D. S. lib. 2. ca. 50. Lâ—tÌ„ sect ' 707. If a feme couert being of full age leuie a fine by her husbandes compulsion yet after his death she shall neuer for that cause by law nor conscience be admitted to auoid such fine for the incoÌ„uenience which might thereof ensue if by such nude auerments matters of record should be auoided D. S. lib. 2. cap. 50. 7. H. 4. fo 23. If goods be wrecked vpon the Sea that is where goods be cast or come into the Sea by ship wracke so that no man dogg or catt come aliue to the land out of the ship or barge wherein they were caried which is deemed a Wrecke West 1. cap. 4. and the owner thereof prooueth them not to be his within a yere a day after such wrecke then the Q. ought to haue them both in law conscience because she is soueraigne head of the people and owner of the narrow Seas and is to scower theÌ„ as it seemeth from pyrats because the property of goods must needs be in some person otherwise they would perish which were against the weale publique in this case the first owner of the goods is vnknowen And the like is it of an Estray or Deodand But not of goods voluntarily weyued or casually lost and found by others for in these two last cases the propertie remaineth still in the first owners D. S. lib. 2. cap. 51. 35. H. 6. fol. 27. The like seemeth to be where a subiect hath wreckes by prescription 11. H. 4. fo 16. Nowe that wee haue partly seene where a Subpena lieth and where not let vs set downe somewhat of the ordinarie proceeding thereupon Of the ordinarie proceedings in the high Court of Chauncerie FIrst the partie greeued takes out his writ of Subpena against the Sect 20. partie or parties offending which Subpena is in haec verba Elizabeth Dei gratia Angl ' Franc ' Hiberniae Regina fidei defensor A subpena to aunswere c. A. C. salutem Quibusdam certis de causis coram nobis in Cancell ' nostra propositis tibi praecipimus firmiter iniungentes quod omnibus alijs pretermissis excusatione quacunque cessante in propria persona tua sis coram nobis in dicta CancellarÌ„ nostra a die Paschae proximÌ„ futurÌ„ in vnum mensem vbicunque tunc fuerit ad respondend ' super hijs quâ— tibi obijcientur tunc ibidem Et ad faciend ' vlterius recipiend ' quod Curia nâ—a considerauerit in hac parte Et hoc sub pena centuÌ„ librarÌ„ nullatenus omittas Et habeas ibi hoc breue Teste me ipsa apud WestmÌ„ xij die Feb. Anno Regni nostri tricesimo sexto Gorge c. But if the defendant be a Noble man then no Subpena is awarded but a letter by the L. Chauncelor or L. Keeper thus After my verie hartie coÌ„mendations to your Lordship whereas there A letter to a noble man in steed of a subpena to aunswere hath bin of late a Bill of complaint exhibited into the Court of Chauncerie against you by H. D. gentleman I haue thought good to giue you notice thereof rather by these my priuate letters then by awarding her Maiesties ordinarie proces Wherefore these are to pray your Lordship to giue order for the taking out of a copie of a Bill and for the putting in of your aunswere thereunto according to the vsual course in such cases accustomed at or before octabis Hillarij next ensuing Of the which nothing doubting but that your L. will haue the care and regard which appertaineth I leaue your L. to the most mercifull keeping of the Almightie From Saint A. the ix of May 1594. Your very louing friend Io. Puckering The Superscription To my very good Lord I. L. D. giue these And it is to be noted that by the Statute 15. H. 6. cap. 4. a Subpena Suerties to yeld damages to the def is not grauntable without suerties to yeeld damages vnto the defendaÌ„t if he be not vniustly vexed And it were good to obserue this course for auoiding of causelesse and trifling suites to which most men be ouer prone Yet if the defendant doe appeare at the returne of the Subpena and Costs for default of a bill no Bill be put into the Court by the plaintife against him then costes are to be graunted for such wrongfull vexation And thereupon he may haue a Subpena ad soluend ' for the same costs in forme following ELizabeth Dei gratia Angl ' c. I. S. salutem c. vsque firmiter iniungentes Sect ' 21. A Subpena for costs quod to soluas vel soluifacias R. N. xl s. qui per considerationem domini Cancell ' vel domini custod ' magni sigilli curÌ„ Cancell ' nostrÌ„ praedict ' eidem R. adiudicatÌ„fuerunt pro misis expensis suis quae ipse sustinuit ratione occasione cuiusdam queremonÌ„ quam tu erga eundem R. in Cancell ' nostra praed ' minime prosequereris cum effectu iuxta formam statuti inde editÌ„ prouisi veltu ipse sis coram nobis Or thus pro expensis soluend ' Quod tu soluas vel solui facias praefatÌ„ R. xl s. qui eidem R. adiudicati fuerunt in Cancellaria praedict ' pro expensis suisoccasione iniuste vexationis quam ipse nuper indebite sustinuit in quadam billa versus ipsum R. in eadem Cancellaria ad prosecutionem tuam nuper factÌ„ iuxta formam c. vt supra Or thus Quae sustinuerunt occasionÌ„ cuiusdam breuis nostri de Subpena eis direct ' ad sect ' tuam prosecuti ad comparand ' coram nobis in dicta Cancell ' nostra ad certuÌ„ diem iam preteritum pro eo quod tu ad diem in dicto breui contentÌ„ aliquam billam siue materiam versus eos minime exhibueris vel tu ipse sis c. Per Cancell ' Although the writ import that the Bill is put in before the taking out of the same yet if the plaintife put in his Bill by the returne of the The time to put in the Bill writ it is sufficient and no further proces passe And although the writ mention the paine of C. li. or such like yet if the
he giue him day to replie By which day if he do not replie the defendant may procure a dismission and get costes Et dicta videtur Replicatio quod vel implicatam quasi tectam exceptionis iniquitatem replicet patefaciat vel potius quod equitatem actionisab excipiente rei tectam quasi complicatam explicet atque aperiat Hottamanus And a title of a Replication is thus The Replication of W. P. Complainant to the answere of R. C. defendant What a Reioinder is A Reioinder is thanswere which the defendant maketh to the plaintifes Sect. 66. replication which must pursue and confirme his aunswere and not swarue from the same and sufficiently confesse and auoide denie or trauerse each materiall part of the plaintifes replication Est autem reiunctio seu duplicatio vel allegatio quae datur reo ad infirmandum replicationem actoris confirmandum exceptionem rei Spieg. If the parties be not at issue by reason of some new matter disclosed in the defendants reioinder that requireth aunswere Then may the plaintife Surreioine to the said reioinder and the defendant in like maner to the Surreioinder if there be cause which happeneth verie seldome And the title of a Reioinder is thus The reioinder of C. A. defendant to the Replication of E. W complainant What a Surreioinder is A Surreioinder is a second defence of the plaintifes action opposite Sect ' 67. to the defendants reioinder And therefore Hottamanus calleth it Triplicatio quae est secunda actionis defensio contra rei duplicationem opposita And thus is the title of a Surreioinder The Surreioinder of E. W. complainant to the Reioinder of C. A. defendant A Bill of complaint for entring into and making secret estates of Copyhold lands wasting part therof mingling part therof with the lands of others to disinherite the Plaintife by hauing the Copies therof HVmbly complayning sheweth vnto your Honorable L. H. E. of Sect ' 68. B. in the Countie of Yorke Esqu That whereas H. E. late of S. Esquier deceased father to your Orator was in his life time by good and lawfull conueyance and assurance in the law lawfully seised to him and to his heires in fee simple according to the Custome of the manor of W. in the said Countie of Y. of one Copyhold or Customarie mesuage or tenement and of certaine Customarie lands meadowes and pasture to the quantitie of one hundred acres or thereabouts And the said H. E. your Orators father so being thereof seised as aforesaid and being visited with sicknes during the minoritie of your said Orator by good and lawfull conueyance and assurance in the law and according to the custome of the said manor of W. did conuey assure and surrender the said Copyhold or customarie mesuage or tenements and other the premisses with the appurtenances into the hands of A. B. the Lord of the said manor for the better maintenance and to the vse of your said Orator To haue and to hold to your said Orator and to his heires and assignes at the will of the Lord according to the custome of the said manor By force whereof your honors sayd Orator in the Court of the said manor paied his fine and was of the said Copyhold Customary tenements with the appurtenances by the then Steward of the said manor of W. admitted tenant But so it is if it may please your honor that all the Euidences and Copies of and concerning the said mesuage lands tenements and premisses being left in the hands custodie and possession of your Orators said father whilest he liued in right belonging vnto your Lordships said Orator are now by casuall and sinister meanes comen to the hands and possession of one H. H. of O. in the said Countie of Y. who by colour of the hauing thereof hath wrongfully entred into the said mesuage lands and premisses aforesaid and hath made and conueyed vnto himselfe and to others to his vse diuers and sundry secret estates thereof and doth pretend wholie to disinherite your Lordships said Orator of the same notwithstanding your said Orator hath by diuers and sundry meanes in friendly maner oftentimes sought to haue the said Euidences and Copyes and requested the same at the hands of the said H. H. and also that he would yeld vnto your said Orator the quiet possession of the said mesuage lands and premisses to whom he doth well know the same in right to belong and appertaine yet that to do he hath not onely denyed and refused and still doth denie and refuse to do the same But of his further malice against your said Orator he doth threaten your Orator in such sort that your Orator for want of the said Euidences and Copyes dareth not make his iust and lawfull entrie in and to the same And also the said H. hath committed and doth continue daily great and outragious wastes and spoyles in decaying of the houses felling downe of the wood and tymber trees of the premisses to your Orators great losse and disinherison and contrarie to all right equitie and good conscience In tender consideration whereof and forasmuch as by the strict course of the common Lawes of this Realme your Lordships said Orator hath not any ordinarie remedie for the obteyning and recouering of the said Euidences and Copyes for want of the certeine knowledge of the contents and dates thereof and what in them be conteyned neyther can your Orator learne against whom to commence any suit for the said mesuage lands and premisses for that the said H. H. and others to your Orator altogether vnknowen haue confederated them selues together against your said Orator and haue contriued and made amongst them selues diuers secreat estates conueyances and haue so intermingled the same to and with other lands tenements and hereditaments to and with certeine of their owne freehold and inheritance that your Orator knoweth not which the same be nor how much thereof the said H. H. other his confederates do seuerally hold whereby to commence any action or suit or make any lawfull entrie into or for the same without your Orators great daunger And yet your Orator hopeth that vpon the corporall Oath of the said H. H. he will manifest such matter whereby your Orator may the more better easily and readily proceede and attaine to the recouering of his iust lawfull right and inheritance of the premisses For the furtherance whereof it may please your good Lordship to graunt vnto your said Orator her Maiesties most gratious writ of Subpena to be directed to the said H. H. commaunding him there by at a certaine day and vnder a certaine paine therein to be limitted personally to be and appeare in her Maiesties high Court of Chauncerie then and there to aunswere to the premisses c. The Answere of H. H. defendant to the Bill of complaint of H. E. complainant THe said defendant saith that the said bill of complaint against him Sect '
69. exhibited into this honorable Court is very incertaine vntrue and insufficient in the Law to be answered vnto by the said defendant for diuers and sundry apparant faults imperfections therein contained And deuised and exhibited into this honourable Court partly of malice and euill will without any iust cause conceiued against the said defendant to the intent thereby vniustly to vexe molest him with tedious trauell being an aged man and to put him vnto great expences being very poore But chiefely to thintent and purpose to wearie impouerish and terrifie him this defendant Neuerthelesse if by the order of this honorable Court this defendant shal be compelled to make any further or other aunswere vnto the said vntrue incertaine insufficient bil of complaint then and not otherwise the aduantage of exception thereof to this defendant at all and euerie time and times hereafter saued for further answere thereunto and for a full and plaine declaration of the trueth touching so much of the materiall contents of the said bill as in any sort concerneth this defendant He for himselfe saith that whereas the said complainant in his said bill alleageth that one H. E. his father deceased was in his life time by good and lawfull conueyance and assurance in the Law lawfully seised to him and his heires in fee simple according to the custome of the said manor of W. in the saide bill mentioned of one copyhold or customarie mesuage or tenement and of certaine customarie lands meadowes and pasture to the quantitie of an hundred acres or thereabouts and that he being thereof so seised and visited with sicknes during the minoritie of the said Complainant by good and lawfull conueiance and assurancein the Lawe and according to the Custome of the said manor of W. did conuey assure and surrender the same Copyhold or Customarie mesuage or tenement and other the premisses with the appurtenances thereunto belonging for his better maintenance to the vse of the said cōplainant To haue and to hold to the said complainant and to his heires and assignes at the will of the said Lord according to the custome of the said manor And that by force thereof the said complainant in the Court of the saide manor paid his fine and was of the said copyhold or customarie tenements with thappurtenances by the then steward of the said manor of W. admitted tenant He this defendant saith that to his knowledge the said H. E. late father of the said complainant was neuer either lawfully seised to him and to his heires according to the custome of the said manor of W. of the said tenements and premisses in the said bill mentioned by any good and lawfull conueyance and assurance in the law according to the custome of the said manor Nor did euer conuey assure and surrender the said customarie tenements and other the premisses to the vse of the said complainant his heires and assignes Neither did the said complainant euer pay his fine for the same in the saide court neither was he euer lawfully admitted tenant thereof as he the said complainant in his said bill vntruely pretendeth And whereas the said complainant in his said bill also pretendeth that the euidences and copies of and concerning the said mesuage lands tenements and premisses being left in the hands custody possession of the said complainants father whilest he liued in right belonging vnto this complainant are now by casuall meanes comen to the hands and possession of this defendant and that he by colour of the hauing thereof hath wrongfully entred into the said mesuage lands and premisses aforesaid and hath made conueyed to himselfe and to others to his vse diuers and sundry secret estates therein and doth pretend thereof wholly to disinherite the said complainant This defendant saith that none euidences or copies of or concerning the said mesuage tenements and premisses are by casuall meanes or otherwise come to the hands or possession of this defendant and that by colour of hauing thereof he this defendant neither wrongfully entred into the said mesuage tenements and premisses nor any part thereof neither hath he this defendant conueyed to himselfe or to any other person to his vse diuers and sundrie or anie secrete estates thereof neither doth he pretend thereof wholly to distinherite the said complaint as in the said bill it is vntruely alleaged without that that the said complainant by diuers and sundrie meanes in friendly manner hath oftentimes sought to haue the saideuidences and copies and requested the same at the handes of this defendant And also that he would yeeld vnto your said Orator the quiet possession of the said mesuage tenements and premisses or that he this defendant doth well know the same in right to belong vnto him the said complainant as in the said bill it is vntruely alleaged And without that y◠he this defendant of malice against the said complainant doth threaten him the said coōplainant in such sort that he for want of the said euidences dareth not make his iust lawfull entrie or claime to in the same premisses or that he the said defendant hath or could commit or doth or can continue daily committing great outragious wastes and spoiles in decaying of the houses and felling downe of the woods and timber trees of the premisses to the great losse and disherison of the said complainant and contrarie to all right equitie and good conscience as in and by his said bill of complaint he hath most vainely and vntruely alleaged For touching the said supposed threats this defendant saith that he is a verie feeble poore olde quiet man verie desirous of the fauour and good will of all men and therfore neither willing nor able by his threats to terrifie or feare the said complainant being a gentleman of worship power and liuing hauing many kinsfolkes alies friendes and seruants so that he this defendāt hath rather iust cause to be affraid of the said complainant then the said complainant to feare him And further touching the said wastes and spoyles this defendant saith that the said customarie or Copihold in W. aforesaid are holden of the manor of W. aforesaid And without that that the said complainant hath or euer had anie lawfull title to commence anie action or suite or to make anie entrie against or vpon this defendant for anie landes tenements or hereditaments in the said bill of complaint mentioned as it is therein vntruely alleaged And without that that this defendant can vpon his corporall Oath manifest such matter whereby the saide complainant may the more better easily and readily proceed and attain to the recouering of anie iust or lawfull right or inheritance or in anie other maner then in this answere is set downe as the said complainant vnwisely gesseth and most bainely hopeth as he in his said bill alleageth And without that that any other matter thing or things clause sentence article or allegation in the said bill of complaint conteined
stand to and abide to such further order direction therein as to your honorable Lordship shall be thought to stand with right equity and good conscience And your said Orator shall daily pray vnto God for the preseruation of your Honors prosperity and good health long to continue A Bill by an Administator vpon a promise made vnto the intestate by the defendant to pay vnto him certaine money in mariage of the dâ—fendants daughter with one of the intestates Sonnes COmplaining sheweth vnto your Honorable Lordship G. Earle of Sect ' 78. S. administrator of the goods and chattels of the right honorable G. Earle of S. deceased his late father that wheras about seuen yeares now last past there was certaine communication betweene the said G. Earle of S. in his life time and one W. R. of K. in the County hf N. Esquier of for and concerning a marriage then intended to be made betweene H. T. Esquier one of the sonnes of the said late Earle and E. the onely daughter and heire apparant of the said W. R. And thereupon it was fully concluded and agreed betweene the said late Earle and the said W. R. and either party did mutually promise and agree to and with the other that the said H. T. and the said E. daughter of the said W. R. should marry together according to the Ecclestasticall lawes of this realme of England at a certain day by the said parties for that purpose agreed vpon appointed And for and in consideration of the said marriage to be made as is aforesaid the said W. R about the same time did assume to the said late Earle faithfully promise to pay and giue vnto the said late Earle 4000. l of lawfull English money or there abouts at certain daies likewise in that behalfe between them agreed vpon now long sithence past by reason of which agreement promise assumption so made as is aforesaid the said H. T. did shortly after the said agreement marry and take to his wife the said daughter of the said W. R. And thereupon the said W. R. did well truly content and pay to the said late Earle the summe of 3000. l parcell of the said summe of 4000. l or there abouts And shortly after before he the said late Earle had receiued the residue of the said summe of 4000. l he the said Earle died Now so it is if it may please your honorable Lordship that the said W. R. not ignorant of the premisses and nothing regarding his said agreement faithfull promise and assumption so as is aforesaid by him made to and with the said late Earle but imagining and fraudulently intending aswell the said late Earle in his life time as your said orator being administrator of the goods chattels of the said late Earle since his death in this behalf falsly deceiptfully to defraud and deceiâ—e him of the sum of a 1000. l at the lest parcel of the said sum of 4000. l or there abouts by him agreed promised to be paid to the said late E. as is aforesaid in consideration of the said mariage although he the said W. R. hath oftentimes aswell by the said late E. in his life time as by the now E. since his death bin curteusly required to haue paid the said summe of 1000. l according to his said agreement promise and assumption yet that to do hath he euer hitherto denied and refused and yet doth denie refuse to do the same contrary to his said faithfull promise assumption to the great losse damage of the now E. and altogether against all right equity good conscience Notwithstanding that the said late Earle in respect of the said mariage hath conueyed and assured vnto the said H. T. a good estate of inheritance of diuers manors lands tenements and hereditaments worth 3000. l by the yeare or there abouts wherof the said R. his daughter is intituled to haue dower by law In consideration whereof and forsomuch as by reason of the great trust confidence which the said late Earl did repose put in him the said W. R. the said agreement promise assumption so as aforesaid betweene them made was so made secretely priuatly betweene theÌ„selues only without calling any other person or persons vnto theÌ„ to be witnesses therof which might testify the same agreemeÌ„t promise other answere to the said vntrue and insufficient bill of complaint then they and either of them for the satisfaction of this honorable Court in the truth of all the matters in the said bill most vntruly obiected by the said complainant against the said def for further and ful answere thereunto and for plaine declaration of the truth therein They the said defendants and either of them say that true it is indeed that there was a certaine speech or communication had betweene the saide complainant and these said def for such a bargaine to be had and made between them in such sort for the lease and paiments as they â—re by the said bill alleaged the which said communication was then set downe in certaine articles bearing date in the said complainants bill alleaged And it was then also most materiall for these said defendants further couenanted and agreed on the part of the said complainant that that said communication should be by him the said complainant put in writing by deed indented and according to law be executed by sealing deliuering thereof as these said defendants then did and yet do take it moreouer that the said complainant and G. B. of E. in the Countie of D. Esq shoulde become bound iointly and seuerally vnto the said def for the true performance of all and euery the said agreements in the summe of 110. li. before the paiment of the said summe of 40. li. in the said bill mentioned being the first paiment which they should haue made the which saide communication as the said defendantes did accompt it was then set down in writing vnder the terme of Articles of agreemeÌ„t but yet neuer meant to conclude or bind the said bargaine vntill the same should haue bin ingrossed sealed deliuered the said obligatioÌ„ entered at the said complainaÌ„ts costs and trauel as the said def haue euer taken it think the same wil proue so in law because it was referred to further writings more effectuall in the law to be accomplished by the said complainant the which to do he neither yet hath neither as it seemeth meant to performe but rather to gaine the said defendants money without anie assurance thereof to be made vnto theÌ„ for that he hath not caused the said articles to be ingrossed neither hath he the said G. B. entred into bond to the said defendants or either of them according to the said agreement but wholly sought if by any meanes he could cunningly to possesse himselfe of the said summe of 55. li. or of so much thereof as he could without any
' 95. said bill of complaint exhibited against these defendants into this most honorable Court is very certaine true and sufficient in the law to be answered vnto and not deuised and exhibited into his most honorable Court of malice and euill will without cause conceiued against the said C. C. one of the said defendants to thintent thereby to vexe and molest him his said wife and daughter with vniust trauell and expences as in the said answeres is vntruly alleaged Nor chiefly to thintent and purpose so to wearie and impouerish and terrifie the saide C. C. with such suites that he should neither be able nor willing to prosecute the law against the said complainant for diâ—ers great summes of money which he doth owe vnto him the said C. C. and vniustly detained from him but is exhibited vpon iust cause of suit as the said complainant doubteth not to make manifest and proue vnto this honorable court with that that the said def or some one of them by sinister practise instigation and perswasion did allure prouoke intice the said complainants wife to grow to some discord with the said complainant to essoine and conuey into their or some or one of their keepings the said money goods in the said bill of complaint mentioned promising that the same should be readie vsed for her vse and behoofe to the end that they might the better bring to passe indirectly to gaine or get into their or some or one of their custody possession the said money goods by that means to defeat defraud the said complainants thereof as in the said bill of coÌ„plaint is very truly alleaged And also with that that the said complainaÌ„ts wife did with violeÌ„ce break open some part of the said coÌ„plainants house at S. in the said bill mentioned his said chist there being locked did essoine steale imbeasil conuey away from the said coÌ„plainant seuerall sums of money diuers parcels of his goods houshold stuffe in the night season in the day time by the practise of the said def or some or one of them or of some other person or persons by their or some or one of their means as in the said bil of complaint is likewise very truly declared And with that that the said complainants wife did deliuer or cause to be deliuered the said money goods in the said bill of coÌ„plaint mentioned vnto the custody and possession of the said def or of some or one of them or of some other person or persons by their or some or one of their meanes or consent as likewise in the said bil of complaint is most truly alleaged And without that that there was cause why the said coÌ„plainant should vse speech communication with the said defendants or some or one of them touching the premisses require to haue the said mony goods essoined imbeasiled to be to him restored or to haue some recompence for the same And that the said defendants or some or one of them do conuert and dispose the said money and goods to their or some or one of their vses whereby the said complainant shall be vtterly defeated thereof to his great hinderance as in the saide Bill of complaint is likewise most truly alleaged without that that any other matter cause or thing materiall or effectuall in the said answeres contained to be by the said complainant replied vnto and herein not sufficiently replied vnto confessed and auoided c. A Bill far that the Defendant hath got the Plaintifes bill for payment of money by them into their hands and thereby meane to defraude him of the same HVmbly complaining sheweth vnto your good Lordship your daily Sect ' 96. Orator N. T. of T. in the Countie of D. yeoman That whereas about two yeares now last past your said Orator did sell vnto one I. M. G. W. P. T. alias S. and R. H. foure oxen and three kine for 14. pound of lawfull English money And at the same time made vnto your said Orator a Bill of their hands for the payment thereof at the feast of S. Michaell tharchangell last past But now so it is if it may please your L. that the said bill of 14. pound is by casuall meanes come vnto the hands and possession of the said I. M. G. W. P. T. alias S. and R. H. or of some of them who haue cancelled and defaced the same bill And therefore albeit they haue beene diuers times gently required by your said Orator to pay vnto him the said 14. pound so to him due yet that to doe they and euery of them haue hitherto denied and refused and yet doe denie and refuse to doe the same against all right equitie and good conscience In due consideration whereof and for that your said Orator hath no remedie to recouer the said 14. pound without the said bill by the common lawes of this Realme May it therefore please your good Lordship c. A Bill for wrongfull entering into Copyhold lands intailed detayning of them and of the writings of the same for wasting the same and concontriuing secret estates thereof IN most humble wise sheweth vnto your good L. your daily Orator Sect. 97. A. G. of D. in the Countie of D. That whereas one T. G. father vnto your said Orator was in his life time lawfully seised in his demesne as of fee taile to him and to his heires males of his body lawfully begotten of and in one mesuage or tenement with thappurtenances scituate lying and being in W. in the said Countie of D. And was likewise seised to him and the heires males of his body lawfully begotten of and in foure cottages three closes or pastures and eight acres of arrable land with their appurtenacces lying and being in W. aforesaid being customarie lands and holden of the Q. Matestie as of her highnesse manor of W. aforesaid at the will of the Lord according to the custome of the said manor And the said T. G. being of all and singuler the premisses with their and euery of their appurtenances so seised as aforesaid of such estate died thereof seised By and after whose death all and singuler the premisses with their appurtenances did discend vnto H. G. as sonne and next heire male of the bodie of the saide T. by force and vertue whereof the said H. entred into all and singuler the said premisses with their appurtenances and was thereof lawfully seised to him the heires males of his body lawfully begotten And he so being therof seised of such an estate died seised By after whose death all and singuler the said premisses with their appurtenances did discend and come to T. G. as sonne next heire male of the bodie of the said H. by force wherof he the said T. entred into al singuler the said premisses was thereof lawfully seised in his demesne as of fee taile to him and the heires males of
conscience In tender consideration whereof and for so much as the said Earle knoweth not the certaine dates and other the certainties of the said deeds charters euidences exemplifications c. neither wherein they or any of them be contained therefore haue not any ordinary remedy by the common lawes of this Realme to recouer the same deeds euidences c. or any of them and wanting the same deeds c. is in daunger to loose many franchises liberties and commodities belonging to the said seuerall manors hundreds and premisses May it therefore please your honorable Lordship to graunt vnto the said Earle the Queenes Maiesties most gratious writ of Subpena to be vnto him directed commaunding him to appeare before your honorable Lordship in her Maiesties high Court of Chancery c. A Bill for not making of an assurance of landes according to a couenant alleaging the Indenture thereof to be come to the defendants handes and that some of the defendants were within age at the making of the same Indenture COmplaining sheweth vnto your honorable Lordship Gilb. Earle Sect ' 109. of S. sonne and heire of the right honorable George late Earle of S. deceased and administrator of the goods and chattels which were the late Earles at the time of his death That whereas about the moneth of September which was in the two thirtieth yere of the raigne of the Queenes most excellent Maiestie that now is one R. E. of H. in the County of D. gentleman was seised in his demesne as of fee of and in one Annuitie or yearely rent charge of twentie pounds by the yeare issuing and going forth of certaine landes in B. in the said Countie of D. and of and in one other Annuitie or yearely rent charge of fortie markers by the yeare issuing and going forth of certaine landes and tenements in B. aforesaid And where also he then had to him and his heires to thuse of him and his heires for euer by conneiance from one P. B. Esquier one melting house and certaine ground then lately vsed to the same And where further the said R. E. by conueyance from the said P. B. then had to him and his heires for euer the Tyeth of the Corne and Hey renewing comming or growing within B. aforesaid or else where within the seuerall parishes of D. or S. or eyther of them in the said County of D. And where also one T. E. sonne heire apparant of the said R. E. then also had by conueiaÌ„ce from the said P. B. to chuse of the said T. E. and his heires for euer diuers and sundry lands tenements hereditaments with thappurtenâ—â—â—ces in B. aforesaid And where also one G. E. second sonne of the said R. E. then had by conueyance from the said P. B. vnto the vse of the said G. E. his heires and assignes for euer the manor of B. with thappurtenances diuers lands tenements hereditaments with thappurtenances as by seuerall conueyances of the said seuerall tenements things premisses to the said R. T. and G. before that time seuerally made appeareth by force wherof they were thereof lawfully seised seuerally in their seueral demesnes as of fee And being thereof so seised they the said R. E. T. E. G. E. for a certaine summe of money to them well truly paid by the said late E. and for other consideratioÌ„s them then especially mouing by Indenture hearing date in or about the said moneth of Sept. in the xxxii yeare aboue said made betweene them on the one party and the said G. late Earle of S. on the other party did fully freely and absolutely alien grant borgaine sell vnto the said G. late Earle of S. his heires assignes for euer the said manor of B. with al his rights meÌ„bers appurtenances in the said Countie of D. And all singuler mesuages tofts cotages houses c. to the said Manor of B. belonging or in any wise appertaining And all other the mesuages lands tenements rents reuersions seruices and hereditaments of the said R. T. and G. E. and of euerie of them whatsoeuer scituate lying c. Together withall the reuersion and reuersions remainder and remainders of all and singuler the premisses and euerie part thereof with thappurtenances and all estate right title interest claime vse possession and demaund of them the said R. E. T. E. and G. E. and of euerie of them whatsoeuer of in and to the said Manor mesuages landes tenements hereditaments and other the premisses before mentioned and of in and to euery part thereof Excepting and for prising one grant made by the said P. B. to the said R. his heires and assignes for euer of common of pasture for all c. To haue and to hold the said Manor lands tenements and premisses with thappurtenances except before excepted vnto the said G. late Earle of S. his heires and assignes for euer to the onely vse of him the said late Earle his heires and assignes for euer And in consideration of the premisses the said late Earle by the said Indenture of bargaine and sale did grant vnto the said R. E. his heires and assignes for euer to the onely vse of the said R. his heires and assignes for euer one Annuitie or yeareiy rent charge of one hundred pounds of lawfull English money to be issuing and going out of all and singuler the said manor lands tenenmets and premisses except before excepted and except such lands tenemeÌ„ts hereditaments as were then assured or conueyed for the Iointure of the right Honorable Elizabeth then and yet Countesse of S. to be paide at the feast of S. Michaell the archangell and the Annunciation of the virgin Marie by euen portions or to this or the like effect and meaning as in and by the said Indenture of bargaine and sale amongst other things plainely appeareth the precise contents whereof this complainant cannot more certainely set downe for want of the said Indenture And whereas also as this complainant hath heard it was in and by the said Indenture of bargaine and sale couenanted and granted on the part of the said R. E. T. E. and G. E. to and with the said G. late Earle of S. this complainants said late Father his heires and assignes and euery of them that they the said R. E. T. E. and G. E. their heires and assignes and euery of them other then such person and persons for the time being whose estates and interests are in the same indenture excepted their executors administrators and assignes and euerie of them in respect onely of the same estates and interestes so excepted and euerie of them should and would at all times hereafter for and during the space of certaine yeares next ensuing the date of the said Indenture of bargaine and sale now almost ended and expired at and vpon the lawfull and reasonable request and at the costs and charges in the law of the said late Earle his heires or assignes or some
of them do make and knowledge and suffer cause and procure to be done made and knowledged all and euerie such further lawfull and reasonable act and actes thing and things deuise and deuises in the law whatsoeuer for the further and more better assurance suretie and sure making and conueying of the said Manor of B. and the mesuages lands tenements and premisses with thappurtenances in the said Indenture mencioned to be bargained and sold except before therein excepted vnto the said late Earle his heires and assignes to the onely vse and behoofe of the said Earle his heires and assignes for euer according to the true intent and meaning of the said Indenture were it by fine feoffement recouerie deed or deeds inrolled the inrolement of the said Indentures release confirmation with ioynt or senerall warranty of the said R. E. T. E. and G. E. their and euerie of their heires against them the said R. E. T. E. G. E. their and euery of their heires and assignes euerie of thē against all and euerie other person and persons whatsoeuer claiming in by frō or vnder them or any of thē or otherwise with like warranty or without warranty as by the said Earle his heires or assignes or his or their counsell learned in the lawes should be deuised aduised and required so as none of the said actes or things concerning the said further assurance should stretch or extend to any other or further warranty or warranties o◠the premisses or any part thereof then as is before expressed or to that effect and meaning as in the same Indenture of bargaine and sale appeareth But now so it is if it may please your honorable Lordship that at the time of the making of the said Indenture of bargaine and sale vnto the said late Earle the said T. E. and G. E. were within and vnder the age of one and twentie years And shortly after the making of the said Indenture and before the same was either knowledged or inrolled or any estate executed thereupon by Atturnement Liuerie of seisin or otherwise that is to say vpon or about the seuenteenth day of Nouember next ensuing the making of the said Indenture the said G. late Earle of S. died by and after whose death the right to haue and inherite the said Manors lands tenements and premisses with the appurtenances discended and came as of right the same ought to discend and come vnto this complainant as his eldest sonne next heire shortly after whose death the administration of all the goods and chattels of the said G. late Earle of S. was by the right Reuerend father in God I. by the prouidence of God Archbishop of Canterbury Primate Metropolitaine of all England committed to this complainant now Earle of S. who administred the said goods chattels accordingly And further so it is if it may please your good Lordship that the part or counterpaine of the said Indenture of bargaine and sale belonging to the said late Earle is since the death of the said late Earle by casuall meanes comen to the handes custodie and possession of the said R. E. T. E. and G. E. or of some of them or of some other person by their priuity and consent the full contents whereof are vtterly vnknowen to this complainant by colour whereof and for that the said T. E. and G. E. were so as is aforesaid within age at the making of the said Indenture they the said R. E. T. E. and G. E. hauing a great desire to haue the said manors lands tenements and bargained premisses and thereof to disinherite and defeat this complainant contrary to the true intent and meaning of the said Indenture Notwithstanding that this complainant hath yearely sithence the making of the said Indenture well truely satisfied and paid vnto the said R. E. the said Annuity or yearly rent charge of 100. pounds by the yeare in the said Indenture mentioned according to the tenor forme and effect of the same Indenture as this complainant verely thinketh And notwithstanding that this complainant hath sundrie times aswell by himselfe as by diuers others of his seruantes and friends in his behalfe sent and come vnto the said R. E. T. E. and G. E. gently requiring them and euery of them to redeliuer vnto your said Orator the said part or Counterpaine of the said Indenture of bargaine and sale of the premisses And also to make vnto him this complainant and his heires further conueyance and assurance of the said manor tenements and premisses by fine to be leuied before the Iustices of the common Plees at Westminster and for that purpose in the terme of Saint Hillarie which was in the foure and thirtieth yeare of the Queenes Maiesties Raigne that now is at Westminster in the Countie of Middlesex this complainant required the said R. and T. according to the tenour true intent and meaning of the said Indenture of bargaine and sale thereof to come before Sir E. A. knight then and yet chiefe Iustice of her Maiesties Court of common Plees at Westminster to make cognisance before the same E. A. Knight of the said manor tenements and premisses with thappurtenances in forme of Lawe that a fine thereupon might haue beene leuied to the vse of this complainant and his heires for euer yet that to doe they and euery of them haue euer hitherto refused and denied and yet doe denie and refuse to doe the same contrarie to the forme and true meaning of the couenants and agreements in the said Indenture of bargaine and saile thereof conteyned and against all right equity and good conscience and to the manifest defeating and disinheriting of him this complainant of and in the said manor landes tenenements and premisses and contrary to the true intent and meaning of the same Indenture of bargaine and sale thereof except speedie remedie be in due time prouided to preuent the same Wherefore the premisses considered and for so much as the said complainant not knowing the certaine deate and contents and other certainties of the said part or Counterpaine of the said Indenture of bargaine and sale nor wherein the same is contained whether in bagge boxe or chest locked sealed or otherwise and so hath none ordinary remedy by the due course of the common lawes of this Realme for the recouery thereof And without the same Indenture hath no direct action by the common lawes of this Realme to compell the said R. E. T. E. and G. E. or any of them to assure vnto him this complainant the said manor lands tenements and premisses according to the said bargaine thereof for lacke of the said Indenture both partes thereof being come to the hands of the said defendants Neither if this complainant had the said part or Counterpaine of the said Indenture as he hath not yet had he not thereby any meanes by the common lawes of this Realme to compell the said T. E. and G. E. or either of them to performe
rent accordingly vnto him the said K. after which lease and bond so made as aforesaid and also immediatly after your said Orators entrie into the same the title thereof was so defended against your said Orator by such as claimed the same against him the saide K. as that the charges thereof spent about the recouering thereof did stand your said Orator in aboue twenty nobles besides the great trauaile and losse of time that your said Orator sustained thereby being yet altogether vnrecompenced at the said K. hands although he often promised to haue some consideration thereof towards your said Orator And whereas also since and immediatly after that time he the said I. K. likewise in the right of his said wife pretended to haue right vnto certaine copihold lands lying in the parish of E. aforesaid then being in the occupation of your said Orator and other persons for the triall whereof there being certaine actions depending in the copihold Court at Southwell it was notwithstanding before the triall thereof aswell by the consent of the said K. of the one party as also by the assent of your said Orator the defendant on the other party referred to the order and arbitrement of one P. K. and I. B. Esquires that they should order and determine aswell the right as the possession of the said copiholde landes so then in question which said P. K. and I. B. Esquires being willing the controuersies might haue a good and finall end and yet themselues hauing then no good opportunity to attend the same did therefore entreate aswell the said I. K. as also your said Orator and the other that it might stande with their likings that one M. C. and H. W. of M. for that they were beter acquainted with the interest of both the parties might therefore order and make an ende thereof in all points as should seeme good vnto them whereunto aswell the said K. as also your said Orator with the rest agreed promising to performe any such order as they the said C. and W. should in that behalfe make and agree vpon Whereupon the said M. C. and the said H. W. taking vpon them the said arbitrement did thus or to rhe like effect order agree and publish their order and award that your said Orator should stil enioy and continue his possession of the said copihold lands for and during so long time as the wife of the said K. should liue paying yearely for the said copihold land vnto the said K. foure shillings rent and for that he the said K. receiued also an other rent of xx shillings by the yeare at two seuerall times of your said Orator for the freehold land aforesaid they the said arbitrators for the more ease and certainty of him the said K. did further order and appoint that your said Orator should also pay the said foure shillings rent for the copihold land at the same time that the other rent for the freehold was vsed to be paid which was at Whitsontide and Martinmas so that from thenceforth he your said Orator should yearly pay at the daies aforesaid the whole and intire summe of xii shillings at euery of the said feasts And also for that the said arbitrators did well foresee that the said intire payment of xii shillings at one day and instant could not conueniently be paide on the seuerall landes out of the which they in trueth and law were seuerally issuing for that the saide freehold and copihold land be distant in seuerall places therefore the said Arbitrators for the more ease and certainetie of him the said K. did order and appoint that your said Orator should yearely at the daies aforesaid or within xiiii daies after euery of them pay the said rent of xii shillings at the house of one W. W. of M. being a friends house of him the said K. and also farre neerer vnto the said K. his dwellings then the land it selfe is vnto which said order and Arbitrement he the said K. together with your said Orator did willingly agree and condiscend And so for the space of seuen or eight yeares last past the said K. hath alwaies receiued his rent accordingly at the house of the said W. W. of M. aforesaid Notwithstanding so it is if it may please your good Lordship that the said I. K. meaning as it seemeth not onely contrary to the said order and award but also contrary to all right equitie and good conscience subtilly and extreamely to take aduantage of your said Orators bond of xx pound hath refused to receiue your said Orators last Whitsontides rent readie for him at the said W. house in M. aforesaid according to the said order and award therein made as aforesaid May it therefore please your good c. A Bill for payment for cattell sold without present money or especialities by reason of trust reposed in the vendee HVmbly complaining sheweth vnto your good L. your daily Orator Sect ' 112. W. B. of B. in the county of N. Butcher That where as your said Orator about sixe or seuen yeares now last sold and deliuered vnto one R. W. of the same Towne and Countie Butcher sixe Steares and fiue Oren being all fat cattell for the price of xl l and x. s̄ which said summe of xl l and x. s̄ the said R. W. then faithfully promised to pay vnto your said Orator within a short space then after and now long sithence past or else when your said Orator would require demaunde the same of him the said R. W. of which said bargaine and security for the said money your said Orator was then the lesse carefull for that your said Orator not long before had been seruant vnto the said R. W. and for that the said W. had been master vnto your said Orator therefore your said Orator did trust him the said W. so well as that he neither tooke any specialty or security of him the said W. for the said sum of xl l x. s̄ nor prouided any witnesses to be presēt to testify the same bargaine cōtract betwixt them but only priuatly betwixt themselues contracted the same And like wise your said Orator priuatly deliuered the said sixe Steares fiue Oren vnto him the said R. W. vpon trust and performance of his priuate speech promise of paiment thereof as aforesaid whereupon the said R. W. then presently receiued the said six Steares and fiue Oren at your said Orators hands did presently afterwards conuert the same to his owne proper vse and benefit before the money paid by him the said W. vnto your said Orator for the same c. May it therefore please your honorable Lordship c. A Reioinder THe said defendant reioyneth and saith in all and euery thing and Sec ' 113. things as he in his said answere hath made and doth and will auerre iustifie maintaine and proue the same answere and all and euery thing and things clause sentence article and allegation
occupieth by the lease for yeres yet continuing of the said defendant And the said defendant also saieth that he is sued for the rent reserued vpon his lease by the said G. H. named in the said bill of coÌ„plaint in the kings Bench in an action of debt brought by him against the saide defendant And therefore the said defendant much marueileth of this suit of the saide complaynant brought in this honorable court against the said defendant touching the said premisses By which suit of the said complaynant the said defendant is wrongfully sued and vexed without any iust cause of suit without that that there is any such extent made of the said three parcels of land called c. or that after the same extent there was any such bargaine sale made by the said Shirife named in yâ— said bill of complaint of the said terme lease of yeres of the said premisses vnto the said G. H. Or that the said G. H. bargained or sold the said premisses vnto the said complaynant or that the said complaynant ought to haue and inioy the said premisses to the knowledge of this defendant And without that there is any other matter or thing c. All which matters c. â—ill for a title of land intailed IN most humble 〈◊〉 sheweth and complayneth vnto your good Sect ' 135. Lordship your daily Orator R. R. husbandman That where one W. late of S. in the county of W. husbandman grandfather of your said Orator was lawfully seised in his demesne as of fee by due course of inheritance vnto him lawfully discended from his auncestors and other lawfull conueyances in the law of and in one messuage c. CC. acres of land meadow wood and pasture with their appurtenances in S. aforesaid And the said W. R. so being of the premisses seised about ten yeres now past It was condiscended granted agreed betweene the said W. R. and one I. E. late of H. in the said countie deceased that A. B. then sonne and heire apparant of the said W. R. before a certaine day should marry and take to his wife one A. E. daughter of the said I. E. and that the said W. R. in consideration thereof and for that the said A. should be greatly aduanced and preferred in goods and substance by the mariage of the said A. would immediatly after the said mariage had and solemnized conuey and make vnto the said A. and A. a good sufficient and lawfull estate in the Law of and in the said mesuage lands tenements and other the premisses To haue and to hold vnto the said A. and A. and to their heires males of their bodies lawfully begotten And afterward the said A. according to the said agreement did marrie and take to his wife the said A. E. immediatly after which mariage had and solempnized the said W. K. according to his said promise and agreement did lawfully enfeoffe of and in the said mesuage lands tenements and other the premisses the said A. R. and A. then his wife To haue and to hold vnto the same A. and A. and to their heires males of their bodies lawfully begotten by force whereof the said A. and A. were seised of and in the premisses in their demeanes as of fee taile speciall and they so being thereof seised the said A. and A. had issue male betweene them lawfully begotten one I. R. and your said Orator and one W. R. and the said W. R. the elder died by and after whose death the reuersion in fee simple of the premisses discended vnto the said A. as sonne and heire vnto him And afterward the said A. and Agnes dyed after whose death the said messuage lands tenements and other the premisses discended and came and of right ought to discend and come vnto the said I. R. as sonne and heire male of the bodie of the said A. and A. lawfully begotten by force whereof the said I. R. entred into the said messuage lands tenements and other the premisses and was thereof seised in his demesne as of fee taile And he so being thereof seised the said I. R. about foure yeres now past of the said messuage and other the premisses dyed seised without issue male of his bodie lawfully begotten by force whereof the said messuage and other the premisses discended and came and of right ought to discend and come vnto your said poore Orator as brother and heire male to the said I. R. by the vertue of the gift aforesaid So it is my singuler good Lord that aswell the deede of intaile made of and for the premisses by the said W. R. the grandfather vnto the said A. R. and A. and to the heires males of their bodies lawfully begotten as is aforesaid as diuers other charters euidences and deedes writings and muniments concerning the premisses prouing the said interest and title of your said Orator in and to the premisses been disceiptfully comen to the hands and possession of I. W. and C. his wife late wife of the said I. R. G. W. gentleman and T. S. the elder and remaine there as they haue conueyed and put them and by colour of hauing the said euidences deedes writings and mumments in their hands and possession the same I. W. and E. haue now of late wrongfully entred into the said messuage and other the premisses And the possession thereof do so yet wrongfully deteine keepe from your said Orator and also the rents issues and profites thereof haue wrongfully receiued perceiueâ— and taken to their owne vse by the space of fower yeres past and so yet do contrary to all right and good conscience And albeit that your sayd Orator hath often and sundry times required and instantly desired the said I. W. and E. G. W. and T. S. aswell to deliuer vnto your said Orator the said euidences deedes writings and muniments concerning the premisses as also to auoid the possession of the premisses and peaceably and quietly to permit and suffer your said Orator and his assignes to haue and inioy the same and to receiue and take the rents and profits thereof to his owne vse according to his said interest and title therein which to do they at all times haue refused and denied and yet do contrarie to all right and good conscience And for asmuch as your said Orator knoweth not the certaine number contents ne other certainties of the said euidences deedes writings and muniments nor wherein they be conteined And also for that the said I. W. E. G. W. and T. S. be of so great substance riches and also greatly frinded and borne in the said Countie of W. And your said Orator being but a poore man and hauing but few friends in the said Countie the same your said Orator is and shall be therefore without remedy concerning the premisses by due course and order of the common Law and otherwise vnlesse your good Lordships ayde and fauour be vnto him shewed in this behalfe In consideration whereof
humble wise complayning sheweth c. That whereas vpon Sect. 137. the imagination of honesty and good opinion that R. C. father vnto your saide Orator deceased had in one T. T. c. the said R. about Easter last past did ioine in bargaine with the said T. T. for the deliuerie of so much wares whereof the moitie was the said R. as amounted to the summe of c. vnto one I. S. of the Queenes Maiesties houshold Esquire for the which summe of c. the said S. stood bound by statute of the Staple vnto the said R. C. and T. T. payable at the feast of c. then next c. which was in the yere of our soueraigne c. And to the intent that the same R. being a man of such honestie and simplicitie as did neither suspect nor yet doubt the good conscience of the said T. who alwaies toward him had counterfaited such puritie of conscience and so honest behauior might the better by the help of the same T. come by his debt at the time to be due if he so long liued or els if he died that the said T. might be as a stay and sure meanes to his executors for the getting in of the same he the same R. trusted the said T. with the custodie of the said Statute Soone after the making of the which bargaine and somewhat before the said feast of c. the said R. deceased and made your Orator his executor thereby charging him aswell with the gathering in of all such summes of money as were due to the said Testator as also with the payment of all such debts as the said R. did owe. And so it is most gratious Lord that although your said Orator hath diuers and sundrie times since the decease of his said father required the said T. to haue the moitie of the said c. due to him by equitie and good conscience as executor vnto his said testator c. The said T. now declaring himselfe what he is hauing regard neither to conscience common honestie nor yet to the trust he was put in minding if he can with what iniurie he careth not vtterly to barre your said Orator from the hauing thereof and he himselfe against all reason and conscience to haue the said c. for nothing hath not onely with many sleight and subtill delayes lingred and delaied your sai◠Orator long time from hauing the same but also now lately hath plainly answered and affirmed that your saide Orator shall haue no part nor penie thereof which if it should thus passe should be both great incouraging to such corrupt conscioned persons still to perseuer in such their lewd demeanour and in the meane time turne to the great impouerishing of your saide poore Orator Wherefore may it please your ho. Lordship of your accustomed equitie to inioyne the said T. that he repay vnto your said Orator the said c. moitie of the said c. if he haue receiued it of the said S. or if he haue not that he be nolet to your said Orator to do therein what he can for the obteyning and getting in the same And thus shall your said Orator haue cause continually to pray for the prosperous estate of your good Lordship long to indure A bill of Complaint for recouering of Euidences made by compulsion by a man in prison without consideration IN most humble wise complayning sheweth vnto your good Lordship Sect. 138. your daily Oratrix I. B. That whereas in the yeare c. it chaunced the husband of your saide Oratrix together with one c. iointly and seuerally to be bounden in a Recognizance of the summe of c. knowledged before your good Lordship in the Queenes Maiesties Court of Chauncerie for the payment of c. payable at a certaine day now past vnto one c. for which summe not being paied at the day due the said c. hath sued execution against your said poore Oratrices husband whereupon he was by y◠Shiriffe of c. arrested about c. past and by all the said space hath remained in the Qu. Maiesties prison of Marshalsie to his great paine of body importable charges and in maner vndoing both of him your poore Oratrix and their small children which piteous estate of his with himselfe lamenting after he had well considered he then consulted with himselfe for his best remedy in that behalfe and therewithall calling to his minde that he had c. a kinsman and cosin called c. being of c. vnto whom your said oratrices husband for the vicinitie of bloud and abilitie of substance was bolder to make his mone for helpe of this his aduersitie then vnto anie other But farre contrarie to his expectation and against all humanitie whence your said Oratrices poore husband looked for most succour thence he receiued not onely least help but also most hurt For the said c. well perceiuing thaduerse estate that your Oratrices poore husband was and is in which was the greedinesse of the Marchant for his money thernest thought and care of your poore Oratrix and her poore children and the great desire that her said poore husband had as any man would of liberty and discharge of trouble would by no meanes promise his helpe vnto her said poore husband herein vnlesse he would be content to bargaine and sell all his lands amounting to the yearely rent of c. vnto him the sayd c. for an Annuity of xx li. sterling to him during his life and for the summe c. whereo◠c. to be paide in hand whereunto your said poore Oratrices husband through the constraint of his saide case was compelled to agree and to seale such writings as the saide c. not long after hee brought to him Indentures cōcerning the bargaine nothing doubting of c. being his cosin but that they would haue sealed to none other but onely such as conscience would stand with at which time the same c. neither paide nor profered any peny of the said c. according to his couenant with delay of paiment both against his promises and couenant After her said poore husband had studied vpon and therewithall read ouer the couenants comprised in the saide Indentures of this bargaine which indeede most honorable Lord were so parcially deuised for the behoofe of the said c. and againe so sore against your saide poore Oratrices husband as if the bargaine had taken effect had bin to the vtter vndoing of him and her with all their heires for euer your saide poore Oratrices husbande taking hold on the point that the said c. paied not the foresaide c. did at their next meeting renounce and say that he would not stand to the saide couenants and bargaine whereunto the said c. partly acknowledging in that he had not paide nor profered this c. saide before sufficient witnesses here ready to be sworne he was contented howbeit he said
that your saide Oratrices poore husband should pay for the making of the writings For the payment whereof her said husband as then hauing no great store of mony was faine to giue him a gold Ring in pledge to pay the scribe for writing of the same All this notwithstanding most honourable Lord and that you said poore Oratrices husbande hath often and sundry times since by many waies meanes required the same writings cōcerning the said bargaine of the said c. he against all naturall loue and humanity nothing more coueting then the extreame destruction of her and her saide poore husband and well perceiuing how farre he is now vnable to helpe himselfe hath vtterly denyed to render the same and yet doth contrary to all conscience equity lawe or right In consideration whereof may it like your honourable Lordship of your accustomed pity to call the said c. before you together with the husband of your saide poore Oratrix and there to will him to deliuer the saide writings againe to her husband if it shall so seeme good vnto your honor or els to shewe sufficient matter why hee shoulde keepe the same And your said Oratrix with her poore husband and their poore children shall pray c. A bill of a title of Copyhold lands praying an Iniunction HVmbly complayning c. your daily Orator W. S. otherwise Sect. 139. named W. T. of L. cosin and heire of I. S. otherwise called I. T. while he lyued c. That whereas your said Orator at your Lordships last being at c. did exhibit vnto you a certaine bill of complaint mencioning therein that the foresaid I. S. otherwise called I. T. in his life time was seised of and in certaine Customarie lands tenements that is to say of and in c. holden by Copie of court Roll of the manor of c. at the wil of the Lord of the said manor according to the custome of the same manor of which one T. L. then was and yet is Lord And that the same I. S. so being seised of the premisses afterwards of like estate died thereof by protestation seised after whose death the said c. with the appurtenances and the right title vse possession and inheritance thereof discended and came and of verie right ought to discend and come vnto your said Orator as cosin next heire of the said I. S. that is to say as yongest sonne of I. yongest sonne and heire of the same I. S. according to the auncient custome of the saide manor And that your saide Orator had often and sundry times desired and prayed the said c. that with lawfull warning vnto the tenants of the said Lordship a Court might be holden at the saide manor by whose inquirie the title of your said Orator might be presented and found in the premisses according as both iustice right and good conscience do require Hawbeit most honorable Lord that notwithstanding for asmuch as the same c. hath kept the premisses in his owne handes these many yeares past and the profites and issues thereof comming hath by the same space to his owne proper vse receiued taken and yet doth your said poore Orator could neuer get the same c. to hold a Court there minding thereby vtter disheriting vnto your said poore Orator of and in the premisses Vntill such time as your saide must honorable Lordship moued with your accustomed loue to Iustice and pitie towards pouertie vouchsafed to graunt your benigne letters directed to the said c. willing him thereby with lawfull warning giuen vnto the tenants of the said Lordship to summon and keepe a Court at the saide manor for the triall of the right of your saide Orator in the premisses vpon the receipt of which letters the saide c. summoned and kept a Court at his said Manor of c. whereat vpon the open and plaine declaration of your said Orators title together with the examination of diuers witnesses brought in by your said Orator for the due proofe of the said title in the premisses And further vpō the shewing of such substanciall and anncient euidences maintayning the same the Homage therewith charged and sworne did present sind at the said c. before I. S. Steward of the same Court that the foresaid I. S. was possessor and held the premisses by Copie of court Roll according to the custome of the said manor And that also your said Orator was cosin and heire to the said I. S. according to the custome of the manor that is to say sonne of I. yonger sonne of c. as by the Copie of the same court Rols ready to be shewed more plainly may appeare vnto your good Lordship After which presentment at the same Court it was agreed betwixt the said Steward in the name of the said c. and your said Orator that if the said c. would not declare and show vnto your said Orator or to his learned Counsell at London within one Terme then next insuing a better title and interest to the foresaid premisses then your said Orator had then and there already proued that then your saide Orator should haue and inioy the premisses to him and to his heires according to right equitie and good conscience and according to the custome of the said manor But so it is most ho. Lord that although the said c. as he cannot so hath he not by the said space prooued any maner of title or colour of title to the premisses but onely with such and like fraudulent delayes he intendeth to weary your said Orator from the obtaining of the premisses and if he can disherite him from the same Wherefore may it c. of your accustomable goodnes alwayes to pouertie extended to graunt vnto your said Orator the Q. most gracious writ of Subpena to be directed to the said c. commaunding him by the same not onely to appeare personally before your good Lordship in the high Court of Chauncery at a certaine day and vnder a certaine paine by your good Lordship therein to be limitted but also to permit and suffer your said Orator peaceably to haue hold occupie possesse and inioy the premisses aforesaid and the profits and issues of the same vntill such time as the same c. hath duely approued better Title to the premisses then he hath heretofore done And your said poore Orator shall c. A bill of complaint for Debt without especialtie IN most humble wise sheweth and complayneth vnto your good Sect ' 140. Lordship your daily Orator and poore bedeman I. G. of H. in the countie of D. That where the said I. G. by way of prest at the feast of Pentecost in the xxxiiii yeare of the raigne of our Soueraigne Ladie the Queenes Maiestie that now is did deliuer vnto one W. L. late of H. in the said countie of D. the summe of xviii pound of lawfull money of England to be paied vnto him
secret estates to diuers vnknowne persons to defraude the plaintife of his apt remedie by the common lawe and so prayeth proces against the defendant To the Right Honorable Sir T. E. Knight Lord Keeper of the great Seale of England IN most humble wise complayning sheweth vnto your good Lordship Sect. 145. your dayly Orator I. B. labourer That whereas R. G. Widowe was lawfully seazed in her demesne as of fee of and in three messes twentie acres of land meadow leasowe and pasture with the appurtenances set lying and being in M. in the Countie of B. And the said R. G. being so seazed of all the premisses did of the same about fortie yeares last past enfeoffe certaine persons To haue and hould to them and their heires to the vse and performance of the last will and testament of the saide R. G. and by the same her will deuised all the premisses or the vse thereof to her sonne W. B. and to the heires of his body lawfully begotten with diuers remainders ouer and dyed by and after whose death the said W. B. into the premisses entred and was thereof lawfully seazed in his demeasne as of fee tayle generall by force of the gift aforesaid And the said W. B. so being seazed of the premisses died of such an estate thereof seased by an after whose death the same premisses did discend and come to your said Orator as sonne and heire of the body of the said W. B. by force of the deuise aforesaide by reason whereof your saide Orator in the premisses entred and was thereof seazed in his demesne as of fee by force of the saide gift in taking the issues and profits accordingly vntill of late that is to say about foure yeares last past that as well the saide deede of feoffment and last will and testament aforesaide as also diuers other euidences charters escripts and miniments concerning the premisses are by casuall meanes come to the handes custodie and possession of one R. W. of S. aforesayde in the sayde Countie yeoman who by cullour of hauing of them hath not onely entred into the premisses and thereof expulsed your sayde Orator but also hath contriued diuers secret estates to diuers and sundry persons to your Orator vnknowne in purpose to defraude and delay your sayde Orator to his apt action and remedie by the course of the common lawes of this realme for recouerye of the prâ—misses to your Orators vtter vndoing and disinheritance for euer And for as much as your sayde Orator knoweth not the certayne number nor the dates and contents of the sayde Euidences Charters Escripts or Miniments nor yet wherein the same be contayned whether in bagge or boxe sealed or vnsealed or in chest locked or vnlocked by reason whereof your sayde Orator is clearely without all remedye for the recouerie thereof by the ordinarie course of the common lawes of this Realme In tender consideration whereof may it please your good Lordship the premisses considered to graunt vnto your sayde Orator the Queenes Maiesties most gracious writ of Subpena to be directed vnto the sayde R. W. commaunding 〈◊〉 thereby persoâ—â—lly to appeare before your good Lordship in the Queenes Maiesties high court of Chauncerpe at a short day and â—â—der a certayne payne therein to be limited then and there to answere to the 〈◊〉 and to abide such order and direction therein as to 〈◊〉 and iustice shall appertayne And your said poore Orator shall dayly pray as â—e is bounden for the health and long life of your good Lordship with all increase of honour to Gods will and good pleasure A bill against two for the deliuerie of heâ—reloomes or principalls to the plaintife being sonne and heire according to the custome of the Countie Pallantine of Chester To the Right Honorable Sir Nicholas Bacon Knight Lord Keeper of the great seale of England COmplayning sheweth vnto your good Lordship your dayly Orator Sect. 14â— I. S. of Lincolnes Iâ—â—â— Geâ—â— sonne and heire of I. S. of D. within the Countie of â— That where as the sayde I. S. was in his life time lawfully possessed of and in diuers goods and Chattels as of his owne proper goods that is to say Plate Iewels houshold stuffe beasts cattaile horses and other manner of goods amounting to the value of fiue hundred pound or neere thereabouts and so being thereof possessed made his testament and last will ordeyning thereof Elizabeth then his Wife and nowe Wife to B. P. his sole executrix and shortly after dyed possessed of the premisses as aforesayde within the said Countie of C. Immediatly after whose death the said E. did take vpon her the administration of the said goods and other the premisses accordingly by vertue whereof she was thereof possessed accordingly But so it is and please your Honor that the custome of all the countrie within the said Countie of C. is and time out of minde of man to the contrarie hath beene that if any person or persons being possessed of goods and cattels as of his owne proper goods and cattels and dye thereof possessed that the next heire to him that so dyeth possessed shall haue the best and principall thing of euerie sort and kinde of the said goods and cattels for and in the name of the principals and heire Lomes by force vertue whereof your Orator being the sonne and heire of the said I. S. was after the death of the saide I. S. iustlie entituled to a great part of the said goods and cattels amounting at the least in value to 200. pound or neere thereabouts by reason whereof and for that your said Orator was at the time of the death of his saide father vnder age of xxi yeares and yet is and in ward to the Queenes Maiestie and hauing the possession of so much of all the said goods and cattels as to your said Orator did appertayne and of right belong by vertue of the custome aforesaid being verie neere to the value of two hundred pound by deliuerie of the saide E. in her Widowhood immediatly after the death of the saide I. S. your saide Orator did incontinently thereupon deliuer the same to the said E. to be safely by her kept to your saide Orators vse and to be in like maner safely redeliuered to your saide Orator at such time or times as by your saide Orator or his assignes she should be thereunto required sithence which said redeliuerie made by your said Orator to the said E. as aforesaid the said E. hath taken to husband one B. P. Genâ— by reason whereof all the said goods cattels and other the premisses were and did come after the said entermariage into the hands and possession of the same B. P. which said E. sithens the said deliuerie made by your said Orator vnto her as aforesaide before the day of entermariage hath vtterly refused to make any redeliuerie of the said goods and cattels so by your said Orator to her deliuered as aforesaid or yet to make
plaint if went about to take the benefit of his extent to keepe Courts and vnderstand what lands and how the tenants held and what rents seruices they paid for the same but could not performe his purpose therein for the tenants the noble man had the Courtrowles in their keeping and the leasses rentals c. and would not let him see the same and that the noble man refused to suffer the plaintife to enter into the manors lands extended or to keepe any Courts and would not suffer the tenaÌ„ts to pay the plaintife any of the rents or seruices due for the same manors or to declare vnto him what the same rents and seruices were And then the plaintife prayeth that the tenants occupiers and farmors of the said manors may vpon their oathes bring forth their leasses declare what lands they hold and what rents seruices euery of them pay And that all the defendants may shewe to the plaintife the Courtroâ—les rentals books oâ— suruay field books terrars in their custodie and so prayeth proces against all the defendants To the Right Honorable Sir Christopher Hatton of the most noble order of the Garter Knight Lord Chancellor of England IN most humble wise complayning sheweth to your good Lordship Sect. 149. your dayly Orator I. L. Citizen and Clothworker of London That whereas the Ho. Ed. Lord M. Baron of R. the last day of December in the 26. yeare of the raigne of our soueraigne Lady Queene Elizabeth before Sir Christopher Wray Knight Lord chiefe Iustice of the pleas before her highnes to be holden did acknowledge himselfe to owe to your Orator the summe of MCC of lawfull english money by his recognizance in the nature of an estatute staple with a defeazance thereupon made for the true payment of diuers seuerall summes of money at sundrie seuerall dayes now long sithence past And whereas likewise the saide Ed. Lord M. was and stoode iustly indebted to your saide Orator in diuers other summes of money by ohter bonds as also by your Orators booke for diuers wares taken vp of your Orator for the vse of the saide Lord Mo. And whereas also Tho. P. Esquier brother of the said Lord Mo. stood indebted did owe to your said Orator other certaine summes of money for the paimeÌ„t wherof the said Lord Mo. did vndertake and did make to your said Orator many seuerall sundrie promises the which as yet he hath in no sort performed And whereas the said Lord Mo. at the time of the knowledging of the foresaid statute staple was lawfully seazed in his demesne as of Fee of in the mannors of H. W. A. B. with two faires twice in the yeare with one market holden euery weeke at H. aforesaid with the hundred of F. with euery of their appurtenances scituate lying being in the Countie of Norffolke and of and in the manor of H. with their appurtenances in the said Countie of Norffolke which said mannors other the premisses aforesaid the said Lord Mo. by lawfull assurance conueyance in the Lawe did bargaine sell conuey assure the same with all and euery their appurtenances whatsoeuer to one Tho. Lord of H. in the saide Countie of Norffolke Esquier and to his heires for euer by vertue of which conueyance and assurance the said Tho. L. was and is yet seazed of the saide seuerall mannors and other the aforesaid premisses in his demesne as of Fee And whereas the said Edw. Lord Mo. was likewise seazed in his demesne as of Fee at the time of the knowledging of the saide statute staple of and in the mannors of S. M. and W. with the aduousons of Sw. Mo. and Wo. with their appurtenances in the Countie of Norffolke aforesaid which said seueral mannors thaduousons aforesaid the said Lord Mo. by like conueyance and assurance did conuey and assure the same to one Ed. B. late of D. in the said Countie of Norffolke Esquier deceased and to his heires for euer to the only vse and behoofe of the said Ed. B. his heires and assignes for euer by whose death T. B. sonne and heire of the said Ed. B. Esquier deceased was and yet is seazed of the said mannors of S. Mo. and Wo. and of the aduowsons of S. Mo. and Wo. in his demesne as of Fee And whereas the said Lord Mo. was at the time of the knowledging of the saide statute staple likewise seazed in his demesne as of Fee of and in the mannor of B. with the appurtenances scituate and extending into the Townes of N. M. c. in the aforesaid Countie of Norffolke which said mannor the saide Ed. Lord M. did likewise conuey vnto T. G. GentÌ„ and to his heires for euer to the only vse and behoofe of the said T. G. his heires and assignes for euer And whereas the said Edw. Lord Mo. was at the time of the saide statute knowledged and yet is seazed of and in the mannor of A. with the appurtenances in the said Countie of Norffolke in his demesne as of fee and being indebted to your said Orator as aforesaid your Orator made sundrie and diuers earnest requests for the getting of the said debt and summes of money aforesaid and your Orator being by the saide Lord Mo. promised to haue the said debts at diuers seuerall dayes yet none of them were performed or kept whereby your Oratour seeing no performance but was delayed from time to time your saide Oratour about two yeares sithence sued forth his seuerall writs of Extendi facias directed to the Sheriffs of Norffolke Essex Hertford Sommersetshire and Yorke and to the Chancellor of the Countie Pallantine of Lancaster for the extending of all the mannors lands tenements and hereditaments within the Counties aforesaid whereof the said Lord Mo. was seazed the time of the saide statute knowledged which writ directed to the Sheriffe of the said Countie of Norffolke was deliuered to one Clement Pastone Esquier then Sheriffe of the same Countie to be by him executed and returned acordingly By vertue whereof the saide Clement Pastone Esquier did by the Othes of a Iury sworne charged within the said Countie of Norffolke acording to the due course of her Maiesties lawes extend and appraise the saide seuerall maunors faires markets lands tenements all other the premisses with the appurtenances lying within the said Countie of Norffolke as in and by the saide extents remayning of record in this ho. Court of Chauncery and by the returne of the said Sheriffe with the seisure of the said seuerall mannors into the Queenes Maiesties hands to the intent they might be deliuered to your Orator in extent more at large it doth and may apeare After which inquisition extent and seasure so taken had made your Orator sued forth her highnes writ of Liberate bearing Teste the 4. day of February in the 30. yeare of her highnes raigne directed tothe said Sheriffe of Norffolke commaunding him thereby to deliuer
by the course of the common lawes of this realme make any Auowrie for either the yearely farmes nor yet for the rents seruices due vpon for the foresaid freehold or copiehold lands holden of the said seuerall mannors as aforesaid nor yet for any other dutie or seruice due for the same nor can shewe forth the certentie of the lands that the said tenants do seuerally hold May it therefore please your ho. Lordship that some good order may be by your Lordship set downe whereby the foresaid seuerall Farmors tenants occupiers of the said seuerall mannors all the other parties before mentioned may be inforced to set downe vpoÌ„ their othes as also bring forth their seueral Indentures of Leases whereby your Orator may know the seuerall dates of theÌ„ as also what lands they hold by the same by what yerely rents fermes And the the tenants of the said seueral mannors may likewise be inforced vpon their oathes to set downe what lands they hold of the said seuerall mannors either freely or by copy of courtrowle by what rents fines duties seruices As also the foresaid Eo Lord Mo. c. hauing the custodie of any the rentalls Courtrowles bookes of suruey feild bookes or terrors concerning thaforesaid seuerall mannors or any of them may likewise be inforced to shew them forth to your Oratour to the intent your Orator may vnderstand what lands tenements or hereditameÌ„ts are holden of the said seueral mannors or of any of them by what rents duties or seruices the said lands tenements or hereditaments are holden by whereby your Orator may according to equitie good conscience reape receiue recouer haue take the yerely reuenews issues and profits of the foresaid seuerall mannors euery of them as in lawe and right belongeth vnto him as he ought to do vntill your said Orator be satisâ—â—ed of the summe conteined in his foresaid statute staple knowledged vnto him as aforesaid w e his reasonable costs damages herein susteined to th end that al these points may be performed accordingly May it further please your good Lordship to get to your said Oratour the Qu. Ma. most gratious writs of Subpena to be directed to the foresaid Ed. Lord Mo. Baron of R. c. Commaunding them euery of theÌ„ thereby at a certaine day vnder a certaine paine personally to apeare before your good Lordship in the said ho. Court of Chancerie then and there to answere to the premisses to abide such further order direction herein as to your Ho. shal seeme good to stand with right equitie and good conscience And your said Orator shall according to his most bounden dutie euer pray for the increase and continuance of your good Lordship in health and all honour long to endure The ioint and seuerall aunsweres of T. M. H. B. c. Defendants to the bill of complaint of I. L. Complaynant THe said defendants and euery of them sauing to them and euery of Sect ' 150. them thaduantage of excepcion to the incertaintie insufficiencie of the said bill of complaint say And first the said T. More for himselfe saith That he the said T. Moore doth hath by the space of 2. yeares last past or thereabouts exercised the Office of Baylife of the mannors of H. A. and B. in the saide Bill mentioned whereof this defendant supposeth T. Lo. Esquier to be seased of some estate of inheritance and hath in his hands some rentalls of the saide mannors which this defendant thinketh he ought not to impart to the said complaynant neyther ought the said complaynant to haue the issues rents and profits of the said mannors as this defendant thinketh for that as this defendaÌ„t hath credibly heard verily beleeueth it to be true the said Ed. Lo. M. in the said bill mentioned the day of the date of the said recognizance in the said bill mentioned or at any time since was neuer seazed in his demeasne as of fee simple fee tayle or freehold of and in the said mannors of H. A. and B. or any part or parcell thereof as in the said Bill is vntrulie alledged But one T. H. was then seazed thereof who since hath conueyed the same to the said Th. Lo. as this defendant hath heard By reason whereof the said Tho. Lo. ought in this defend opinion to haue the rents issues profits thereof notwithstanding the said execution without that this defend is farmor customarie or free tenant of any part or parcell of the said mannors or other the premisses in the said bill mentioned other then of parcell of the demesnes of the said mannor of H. which this defend holdeth by lease for certain yeares yet to come rendring yerely 5. l and of the Faires of H. the profits thereof which he holdeth for diuers yeares yet to come rendring yearely 26. sÌ„ 8. d and of the sixth part of the Warren of H. which he houldeth for diuers yeares yet enduring rendring 12. shillings by yeare or thereabouts And of diuers Freeholds houlden of the mannor of H. by the rents of 20. sÌ„ or thereabouts And without that that this defendant hath in his hands any Court Rolles Rentalls or Leases concerning the premisses in the said Bill mencioned other then in this aunswere before is mencioned as in the saide Bill is vntrulie alledged And without that that this defendant hath vnlawfully confederated with any the persons in the said Bill mencioned to defeat the saide complaynant of his lawfull execucion and estate in the premisses in the said bill mencioned as in the said Bill of complaint is also vntrulie alledged And the saide Henry Blake for himselfe saith that hee hath exercised the office of steward of the said mannors of H. and B. in the said Bill mencioned and of the mannors of H. in the said Bill likewise mencioned lawfully constituted thereunto as this defendant thinketh by the said T. Lo. being seazed of some estate of inheritance of the said mannors as this defendant supposeth and that the Court Rowles and euidences concerning the saide mannors are kept in the house of the saide T. Lo. at E. in the Countie of Norffolke and are not at this defendants disposition to yeeld vp or impart to the said complaynant otherwise then as the saide T. Lo. shall appoint whereof this defendant humblie prayeth this honorable Court to haue consideration without that that this defendant in Farmor or Customarie or free tenant of any part or parcell of the said mannors or other the premisses in the saide Bill mencioned or hath in his hands any Court rowles Rentals or Leases concerning the premisses in the said Bill mencioned other then as in his aunswere before is mencioned as in the saide Bill of complaint is vntrulie surmised And without that that this defendant hath vnlawfullie confederated with any person or persons in the said Bill mencioned to defeat the said complainant of his lawfull execucion and estate
in the Countie of Hertford of the yearely value of 40. l or thereabouts and a certaine yerely rent of 30. l or thereabouts going out of the manor of Shobington in the Countie of Buckingham and diuers other mannors lands tenements and hereditaments in diuers other Counties of England which ought to be contributorie to the payment of the sayd 12. C. pound and therefore the same is vndulie and contrarie to lawe charged vpon the said mannors of Hockering and Northtuddenham which the saide maister Lo. holdeth as a Feoffee for which reason the said maister Lo. as this defendant supposeth hath pursued his Scire facias against the saide complaynant in this honorable Court for the discharge of the said mannors of Ho. and N. from the saide vndue execution and for the recouerye of the sayd issues and profits comming and growing of the same mannors from the time of the said execution for which cause this defendant humbly prayeth this honorable Court that the said complaynant may be referred to the Common lawe to bring his action against this defendant for the recouerie of the said rents due vpon the saide leasses and estates which this defendant holdeth of the saide mannors wherein the validitie of the said extent and execution may be tryed so as the said defendant may know to whom to pay his saide rent without danger or further trouble and this defendant is readye to stand to such order as this honorable Court shall award concerning the shewing to the saide complainants of his estates tearmes which he hath of and in the said parcell of the demesnes of the said mannor of Ho. or holdeth of the same and other circumstances thereof without that that this defendant is Farmer Customarie or free tenant of any other part or parcell of the saide manors or other the premisses in the saide bill mentioned or hath in his hands any Courtrowles Rentalls or Counterpanes of leases concerning the premisses in the saide bill mentioned other then in his Answere before is declared as in the said bill of complaint is vntruly alledged And without that that the said defendant hath vnlawfully confederated with any the persons in the said bill mentioned to defeate the saide complaynant of his lawfull execution and estate in the premisses in the said bill mentioned as in the said bill of complaynt is also vntrulie alledged And without that that any other matter or thing in the said bill of complaynt mentioned materiall or effectuall to be answered vnto and not herein sufficiently answered confessed and auoyded trauersed or denyed is to these defendants or any of their knowledges true All which matters these defendants are ready to auerre and prooue as this honorable Court shall award and prayen to be dismissed out of the same with their reasonable costs and charges in this behalfe most wrongfully sustained A Bill into the Chauncery for detayning of euidences entering into a meadowe and a pasture and making to themselues diuers estates To the Reuerend Father in God Thomas Bishop of Ely Lord Chauncelor of England IN most humble wise sheweth and complayneth vnto your good Sect ' 151. Lordship your dayly Orator G. I. That where W. I. father vnto your said Orator was seised in his demeasne as of fee of and in fifteene Acres of pasture and meadowe with thappurtenances in Clare in the Countie of Suffolke and so being thereof seised dyed by protestacion seised After whose death the saide fifteene Acres of pasture and meadowe and all other the premisses with the appurtenances descended and came and of right ought to descend and come vnto your said Orator as sonne and heire vnto the saide W. I. So it is if it may please your good Lordship that certaine euidences deedes charters and other muniments concerning the premisses are come to the hands and possession of M. G. Widow and A. G. who by colour of hauing the saide euidences haue entered into the premisses and haue conueyed vnto them and to their heires diuers and sundrie estates in the lawe for the disherison of your said Orator and of his heires for euer And because your said Orator knoweth not the certaintie of the saide euidence nor whether it be contayned in bagge or bore sealed or in chest locked he is without remedie for the recouerie of the same by the order of the Common lawe except your Lordships fauour be vnto him shewed in this behalfe In consideration whereof it may please your good Lordship the premisses considered to graunt a writ of Subpena to be directed to the saide M. G. Widow and A. G. commaunding them by the same personally to appeare before your good Lordship in the Kings high Court of Chauncerie at a certayne day and vnder a certayne payne by your good Lordship to be limited there to aunswere vnto the premisses and after to abide such decree and order therein as to your good Lordship shall be thought to stand with right and conscience And your saide Orator shall dayly pray for the preseruation of your Lordships Honor long to endure The Aunswere of one of the defendants to the Bill next before who pleadeth that the plaintifes father sould the landes in the Bill mentioned to T. H. who sould the same to the defendants husband who conueyed the same to the defendant for her life And sheweth that at the time of the saide purchase and after the premisses were in diuers Feoffes in vse and sheweth afterwards the making of the Statute of 27. Hen. 8. for transferring of vses into possession The Aunswere of M. G. Widow to the Bill of complaynt of G. I. THe said defendant saith that the said Bill of complaint is vntrue Sect ' 152. vncertaine and insufficient in the lawe to be aunswered vnto and the matters therein contayned determinable at the Common lawe and not in this honorable Court whereunto the said defendant prayeth to be dismissed and thaduantage thereof to the said defendant alwayes saued if she shall be compelled to make any further aunswere vnto the saide insufficient Bill Then for the declaration of the truth the saide defendant sayth That as to any pasture or meadowe in Clare the saide defendant knoweth not that she is Tenaunt of or hath any that was belonging to the saide W. I. within the sayde towne or parish of Clare or detayneth any euidence concerning the same to her knowledge But the saide defendant sayth the sayde W. I. mentioned in the sayde Bill of complaynt together with I. W. alias Miller I. F. c. were seised of and in seauen Acres of pasture and moore and three Acres and one Roode of meadowe in S. in their demeasne as of fee to the vse of the sayde W. I. and of his heires and so beeing thereof seised the sayde W. I. bargained and soulde the pasture moore and meadowe last before remembred vnto one T. H. and to hys heires for euer By vertue of which bargaine the sayde W. I. and hys sayde other Coefeoffees were thereof
proceedings therein To the Right Honorable Sir Nicholas Bacon Knight Lord Keeper of the great Seale of England HVmblie complayning sheweth vnto your good Lordship your Sect ' 154. dayly Orators T. B. of C. in the Countie of D. Clothier W. M. of L. Grocer M. G. Merchant Subiects borne of this Realme of England as well for themselues as for others subiects borne of the said Realme and Denizens Creditors of C. A. of L. Merchantaylor also a subiect borne of the saide Realme That whereas the said C. A. vsing and exercising the trade of Merchandize and seeking his trade of liuing by buying and selling vpon good and iust cause for wares and merchandize to him sold and deliuered and also for ready money to him lent being indebted to your said Orators in seuerall summes of money amounting to the value of 300. pound And now of late that is to say in this present moneth of Nouember in this xv yeare of the raigne of our soueraigne Lady the Queenes Maiestie about the second day of the saide moneth of Nouember did begin to keepe his house scituate in the said Citie of London and sithence hath departed from his said dwelling house and absented himselfe to thintent to defraude and hinder your saide Orators and other his Creditors of their iust debts and dueties to them due owing and so is become a Bankrupt By reason whereof and for that the said Bankrupt and others his confederates haue deuised and contriued diuers secret estates and sinister practises for the conueying and eâ—â—oyning of the bodie of the saide Bankrupt and of all lands goods debts and other things belonging to the said Bankrupt in such wise as your Orators are without helpe for recouering or obtayning of their saide iust debts and dueties but onely by complaint to your Lordship and thereupon to haue remedie according to the Statute touching orders for Bankrupts in the Parliament begun and holden at Westminster the second day of Aprill in the xiii yeare of the Raigne of our said soueraigne Lady the Queenes Maiestie made and prouided In consideration thereof may it please your good Lordship to graunt the Queenes Maiesties most gratious Commission to be directed to such and so many wise and honest discreet persons as to your Lordship shall seeme good Aucthorizing them not onely concerning the said Bankrupts body lands freehold and customarie goods debts and other things whatsoeuer but also concerning all other persons which by concealement clayme or otherwise doe or shall offend touching the premisses or any part thereof contrarie to the intent and true meaning of the saide Statute to do and execute all and euery thing and things whatsoeuer as well towards and for satisfaction and payment of your said Orators as towards and for all other intents and purposes according to the ordinance and prouision of the said Statute And your said Orators shall dayly pray c. The Commission vpon the Statute of 13. Eliz. Cap. 7. made against Bankerupts and graunted to the Creditors vpon the Bill next before ELizabeth by the grace of God Queene of England Fraunce and Sect ' 155. Ireland defendor of the faith c. To our trustie and welbeloued Sir Rowland Heyward Knight Iohn Langley Alderman of our Citie of London Tho. Hatton Tho. Aldersey Thomas Egerton Mercers and William Wignall Merchant Taylor of our saide Citie of London greeting Whereas we be enformed that C. A. of London Merchantaylor vsing and exercising the trade of Merchandize by way of bargayning and seeking his trade of liuing by buying selling and being a Subiect borne of this our Realme of England in this present moneth of Nouember in the xv yeare of our Raigne viz. about the second day of the same moneth did begin to keepe his house scituate in London aforesaid and sithence hath departed from his saide dwelling house and absented himselfe to the intent to defraude and hinder T. B. of C. in the Countie of Deuonshire Clothier W. M. of London Grocer Mi. G. Merchant and others his Creditors being also Subiects borne of this our sayde Realme of their iust debts and dueties to them due and owing and so is become a Bankerupt We minding the due execution of the Statute touching orders for Bankerupts in our Parliament holden at Westminster in the xiii yeare of our Raigne made and prouided vpon trust of your wisedomes diligence and prudent circumspections which we haue conceaued in you doe by these presents name assigne appoint constitute and ordayne you our speciall Commissioners geuing full power and aucthoritiye vnto you fiue or foure of you whereof they the sayde Sir Row H. I. L. or T. H. to be one according to the sayde Statute not onely concerning the sayde Bankerupt hys bodie lands freehold and Customarie goods debts and other things whatsoeuer but also concerning all other persons which by concealement clayme or otherwise doe or shall offend touching the premisses or any part thereof contrarye to the intent and true meaning of the saide Statute to do and execute according to the saide Statute all and euerie thing and things whatsoeuer aswell for and towards satisfaction and payment of the saide Creditors as towards and for all other intents and purposes according to the ordinance and prouision of the saide Statute Willing and commaunding you fiue or foure of you whereof Sir Row H. I. L. or T. H. to be one to proceede to the execution and accomplishment of this our Commissioin according to the true intent and meaning of the saide Statute with all diligence and effect as our speciall trust is in you Witnesse our selues at Westminster the fifth day of Nouember in the xv yeare of our Raigne A precept from the sayde Commissioners to the Officers to make proclamation according to the saide Statute against Bankrupts that the said Bankrupt before a day certaine come in and yeeld his bodie to the Commissioners or to one of them To the Bayliffes and head Officers of the Burrough of Southwarke WEe the Commissioners hereafter named by vertue of the Sect. 156. Queenes hignesse Commission to vs directed require charge you fiue sundrie market dayes next ensuing the receipt hereof to make fiue sundry Proclamations in manner and forme hereunder specified The Proclamation THe Queenes highnesse doth strictly charge and commaund C. â— Sect. 157. Merchantaylor of the Citie of London that he at or before the day of next comming in the Guildhall of London or where you shall appoint yeeld his bodie before Sir Row Heyward Knight or before some one of the said Commissioners appointed by her highnesse vnder her great seale of England til the due execution of the Statute touching orders for Banckrupts lately made and prouided vpon paine and perrill of the penaltie of the lawe in that case limited and appointed An Indenture vpon the saide Commission and Statute of Bankcrupts betwixt the Commissioners of the one partie and the Creditors of the other partie whereby the Commissioners after view
I. D. or confusedly included with other things or held as an estate at will these defendants are not assertained and if the plaintife did hold them without any lawfull estate made vnto him or lawfull estate continuing it had beene meete that the defendants or their predecessors had beene made acquainted of this manner of holding of them and that the possessions and reuenews should not be caried away vnderhand or enioyed by coulour of a lease when there was no lawfull lease to warrant it And had the complaynants then breâ—e so readie to further the defendants in their right and possession to the best of his indeuour as now he pretendeth to be this question had not hapned but now standing as it doth if the information of the saide I. D. made to the saide Deane and Chapter be not grounded vpon any matter of truth the said complaynant shall receiue no impeachment by it these defendants intending to hold the said I. D. to his Couent that by coulour of his graunt he shall not call in question any tenant of theirs which hold by any lawfull interest And if it be grounded vpon matter of truth these defendants hope that this honorable court will not giue further allowance to the complaynants pretended lease then the validitie thereof requireth Humblie praying further that if vpon this interpleading betweene the said T. B. and the said I. D. it shall appeare that the said T. B. holdeth that which he should not hold or the sad I. D. vpon any vndue surmise or suggestion to haue obtayned any thing not fit or not meant to be passed to him which these defendants carrying themselues in a plaine and euen course haue not so farre looked into neither do or can charge him so to haue dealt That these defendants might not be preiudiced against either of them but left at libertie to do that for the iust and reasonable benefit and auaile of their Church which in lawe iustice and equitie shall be seeming for them to do And further or more then this the defendants desire nothing without that that the complaynant hath to their knowledge any lawfull estate or interest in the premisses or hath sought or offred himselfe vnto their church in such sort as hee alledgeth And without that that the defendants by any quicks quillets or nicities in lawe haue sought to rifle into the estates of their Farmers And yet humblie desire that if the complaynants enioy any thing without good lease which is vnknowne to these defendants that he may not be set in better state against their church then his estate requireth but may be referred to their church of whose dealings he sheweth neither can shewe any cause to complayne without that that any other matter or thing c. All which matters c. A bill by one tenant in common of a mannor in the North parts to haue a commission to examine witnesses which be aged and impotent that their testimonies may remayne of record in perpetuam rei memoriam for proofe of the plaintifes title to the said mannor for that the Lord President and Counsell of the North parts haue not power to graunt any such commission To the Right Honorable Sir Tho. Bromley Knight Lord Chauncellor of England HVmbly complayning sheweth vnto your good Lordship your Sect. 169. dayly Orator C. P. of T. in the Countie of C. Esquier That whereas your saide Orator and one L. P. of C. in the County of C. be and stand or ought to be and stand seazed in common in their demesne as of fee amongst other things of and in the Mannor of L. with the appurtenances in the saide County of C. concerning the partition of which said mannor variance and contention in lawe is like to arise betweene your Orator and the saide L. at the common lawe And for as much as there be yet liuing diuers aged persons inhabiting about the saide Mannor which do very well knowe the interest and title of your saide Orator in and to the said mannor in forme aforesaid And for that if the saide witnesses being very aged and impotent and not likely long to liue should fortune to dye before tryall of your saide Orators estate and title of in vnto the premisses it might thereby be greatly blemished and your said Orator in time to come disinherited of his said nioytie of the saide mannor And for that the saide witnesses dwelling in the North parts of this Realme be so aged that they be not able to trauaile neyther before your Honor to be examined in her Maiesties high Court of Chauncerie nor to any other ordinarie place of Iustice where the title of your saide Orator might or may conueniently come in question and tryall by the due course of the common lawes of this Realme And for that the Lord President and Counsell established in the North parts within the precinct of whose Commission not onely the said Mannor but also your said Orator and the said L. P. do inhabit and dwell do not vsually nor cannot graunt any Commission for the examination of witnesses in perpetuam rei memoriam although there be great cause in equitie to graunt the same It may therefore please your good Lordship the premisses considered to graunt vnto your said Orator the Queenes Maiesties most gratious Commission vnder the seale of this most honorable Court to be directed vnto some Gentlemen of credit dwelling in those partes as to your good Lordship shall be thought conuenient for the examination of such witnesses as by your saide Orator shall be produced before them and to certifie and returne the examinations of the saide witnesses together with the same Commission before your good Lordship into her Maiesties high Court of Chauncerie there to remayne of record ad perpetuam rei memoriam and to be published at such time as to your good Lordship shall be thought meete and conuenient And further to graunt vnto your saide Orator the Queenes Maiesties most gratious writ of Subpena to be directed to the saide L. P. commaunding him thereby at a certaine day and vnder a certaine paine therein by your Lordship to be limited either to ioyne in Commission with your saide Orator for the examination of the saide witnesses or else to shewe cause before your good Lordship why your saide Orator should not haue a Commission alone for that purpose and your saide Orator shall accordingly to his bounden dutie dayly pray to Almightie God for the long preseruation of your Lordships good health with increase of honor A bill of Complaint for detayning of the plaintifes Euidences for entring into Mannors and Lands and contriuing of secret estates To the Right Reuerend Father in God Stephen Bishop of Winchester Lord Chauncellor of England IN most humble wise complayning sheweth vnto your honorable Sect ' 170. good Lordship your daylie Orator T. M. Gentleman That whereas one P. M. elder brother to your said Orator was lawfully seased in his demesne as of fee
of and in the Mannors of M. W. with diuers messuages lands tenements hereditaments to the said Mannors belonging in the County of C. to the yearely value of 50. l and aboue and he being of the said Mannors and other the premisses seised died of such an estate thereof seised without issue of his body lawfully begotten After whose decease the premisses descended and of right ought to discend vnto your saide Orator as brother and next heire of the saide Peter your saide Orator then being but of tender age that is to say of the age of twelue yeares or there abouts But so it is right honorable Lord that all the Euidences Deedes Charters writings and miniments concerning the said mannors and premisses during the minoritie of your said Orator came casually to the hands possession of R. D. Esquier who by cullor of hauing of the said Euidences Deedes Charters writings and miniments hath wrongfully entred into the saide manors lands tenements and other the premisses and of the same hath made and contriued diuers and sundrie secret and false estates and conueyances to diuers persons to your saide Orator vnknowne to his owne vse to the vtter disherison of your saide Orator And albeit your saide Orator hath diuers and sundrie times required the saide R. D. as well to deliuer vnto him the said Euidences Deedes Charters writings and miniments as also peaceablie and quietly to suffer and permit him to enioy the said manors lands tenements with their appurtenances yet y◠said R. D. hath alwaies hitherto denied refused yet denieth refuseth so to do cōtrary to all right equitie good conscience And forasmuch as your Orator knoweth not the certaintie of the said euidences deeds charters writings miniments nor whether they be contained in bag or box ensealed or chest locked yea or no he is like to be without all remedy for y◠recouery of y◠same by the order due course of y◠cōmon lawe except your Lo. goodnes be vnto him shewed in this behalf In cōsideration wherof it may please your good L. to grant vnto your Orator the King and Queenes Maiesties writ of Subpena to be directed to the saide R. D. Commaunding him by the same at a certaine day and vnder a certaine paine by your Lordship to be limited personally to appeare before your good Lordship in the King and Qu. high Court of Chauncery at Westminster then and there to make aunswere to the premisses c. R. Cat. The Aunswere of the defendant to the said Bill wherein is confessed the hauing of diuers euidences concerning the lands mentioned in the said Bill and that he is readie to deliuer them to whom the Court shall order them to belong And for that the plaintifes father is yet liuing the defendant prayeth that he may be called into the Court to shew what title he hath to the said euidences and disclaymeth to haue any interest in any of the mannors c. mentioned in the Bill but an Interest he may be entituled to haue by reason of a Statute merchant he hath which was acknowledged by the complaynants father The Aunswere of R. D. Esquier to the Bill of complaynt of T. M. Gentleman THe said defendant by protestation not confessing or acknowledging Sect ' 171. any such seisin dying seised or discent as in the said Bill is alleaged for aunswere sayth that he is not nor at the time of the exhibiting of the said Bill was not Tenant of the said mannors and other the premisses sauing only such benefit interest and title as the said R. is or may be entituled to haue in or to the premisses by reason of a certaine Statute merchant or Recognizance knowledged by W. M. Esquier father of the said complaynant to Sir P. D. Knight deceased Thaduantage of exception thereof and all other benefits and interests that the said defendant hath or may haue by reason of the said Statute merchant or Recognizance knowledged by the saide W. M. Esquier father of the said complaynant as aforesaid and the execution to be sued of the same to the said defendant alwayes saued and reserued the saide defendant for all other Interests or Titles disclaimeth in the said manors lands or tenements And as to any euidences concerning the said manors lands and tenements mentioned in the said Bill except one Indenture and one other writing made by the saide W. M. and one writing made by the said complaynant The said defendant by protestation not knowing the certaintie what euidences he hath in his custodie concerning the said mannors and other the premisses for that they be in the County of Chester now farre from the said defendant for aunswere saith that the saide W. M. father to the said complaynant long time past was seised of the said Mannors lands and Tenements of an estate of inheritance in possession or in vse by discent from his Auncestors and the said Euidences came to the hands of the said Sir P. D. Knight long time past and by and after the death of the said Sir P. D. the same euidences came to the possession of the said defendant which said defendant desireth that the saide W. M. which is yet in full life may be called into this honorable Court to shewe what title he hath or claymeth to the saide euidences and the saide defendant is and shall be readie to deliuer such euidences as he hath concerning the premisses except the said Statute merchant and other writings and defeasances of the said Statute as appertaineth to the said defendant to such person or persons to whome this honorable Court shall award the same to appertayne And as to three writings before excepted the said defendant hath them here readie in this honorable Court to be deliuered to whome this honorable Court shall adiudge the same to appertayne Without that that the saide defendant hath wrongfully entered into the said Mannors lands and Tenements and of the same hath made or contriued any estates and conueyances to diuers persons in such sort as in the said Bill is vntruly alleaged And without that that any other thing materiall to be aunswered vnto other then that in this present Aunswere is confessed and auoyded is true All which matters the said defendant is ready to auerre and prooue as this honorable Court shall award and prayeth as before he hath desired And also that he may be dismissed out of this honorable Court with his reasonable costs and charges for his wrongfull vexations sustained in this behalfe Am. Gilbert A bill of complaint by I. W. and the Lady lane his Wife daughter and heire of the Lady Iane deceased against the husband and his wife for entring into a house and lands and keeping of the possession thereof for detayning of Euidences and contriuing of secret estates in the premisses To the right reuerend Father in God Stephen Bishop of Winchester Lo. Chauncellor of England IN right humble wise complayning sheweth vnto your good
Lordship Sect. 172. your Suppliants I. W. and the Lady Iane his Wife daughter and heire to the Lady Iane P. deceased That whereas the said Lady Iane P. in her life time was lawfully seased in her demesne as of fee of and in one mesuage or house with a gardeine thereunto belonging set lying and being in B. in the Countie of D. and of and in 12. acres of errable land medow and pasture with their appurtenances thereunto belonging in B. aforesaid and so being of such an estate thereof seised about foure yeares past died thereof seised After and by whose death the premisses discended and came as of right they ought to discend and come vnto your sayde Oratrix as daughter and heire of the saide Lady Ia. P. her mother So it is if it may please your good Lordship that diuers Deeds Euidences Charters Miniments and writings concerning onlie the premisses and of right belonging to your said Oratrix as in the right of the said Lady Iâ— P. by casuall meanes are come to the hands possession and custodie of I. C. Gentleman and E. his Wife who by cullor of hauing the sayde Euidences and writings haue entred into the premisses and by cullour thereof haue contriued conueyed and made to themselues diuers secret estates of the premisses and thereby do likewise detaine and keepe the possession of the same premisses from your said Orators albeit they haue beene diuers and sundrie times thereunto by your suppliants required for the deliuerie of the same yet that to do they haue alwayes hitherunto denyed and yet to denye to the manifest disinheriting of the saide A. and the great wrong and losse of both your saide Orators for that your saide Orators do not knowe the certeine number or certaine dates of the deedes and conueyances nor whether they be contayned in bagge or boxe sealed or chest locked whereby they be for the recouerie of the same premisses cleane without remedie by the strict course of the common lawes of this Realme In consideration whereof the premisses by your good Lordship tenderly considered it may please your good Lordship to graunt vnto your said Orators the Qu. Maiesties most gratious writ of Subpena to be directed to the said I. C. and E. his wife commaunding them and eyther of them thereby personallie to appeare before your good Lordship in the Queenes Maiesties high Court of Chauncerie at a certaine day and vnder a certaine paine therein by your good Lordship to be limitted and appointed then and there to answere to the premisses and further to stand to and abide such finall order and direction therein as to you Ho. good Lo. with right and equitie shall seeme most meete and conuenient And your said Orators shall pray for c. A bill by the leassee for yeares of the Scite of a Manâ—or c. contayning the detayning of the plaintifes lease of the premisses the breaking of the seales thereof and that the defendandts by a practise amongst them to the intent to impouerish the plaintife and vniustlie to get from him the premisses haue brought an Assise in the towne of Salop against him for the same in which suit there is a partial Iurie returned by the Bayliffes of the said towne And one other suit comenced against him for part of the premisses by one of the defendaÌ„ts before the Counsell in the marches of Wales and therefore prayeth an Iniunction for stay of the said suits and also a Subpena against the defendants to appeare and aunswere the bill To the Right Ho. Sir Nicholas Bacon Knight Lord Keeper of the great seale of England IN most humble wise complayning sheweth vnto your Ho. good Lo. Sect. 174. your poore dayly Orator H. D. of A. in yâ— Countie of Salop GentÌ„ That whereas one Io. late Duke of Northumberland in his life time amongst diuers other lands tenements hereditaments was lawfully seised in his demesne as of fee of in the manor of A. lying being within the said County of S. and so being thereof seised by his deede indented about the 27. yeare of the Raigne of the late King of famous memorie King Henry the 8. by the name of Sir Io. D. Knight did demise graunt set and to farnie let vnto P. C. the Scite of the Manor of A. aforesaid together with the mansion or hall place of the same And all and singular lands meadowes leasowes pastures feedings woods waters and commons with all other commodities duties seruices and customes to the said Scyte of the said Mannor belonging or in any wise appertayning To haue and to hould the aforesaid Scyte of the saide Mannor and all other the premisses and all and singuler the appurtenaunces to the said P. C. his executors and assignes from the feast of Saint Michaell the Archangell then next comming after the date of the aforesaide Indentures vnto the end and tearme of threescore yeares then next ensuing and fullie to be compleated and ended yeelding and paying therefore yearely vnto the saide Sir Iohn Dudley his heires and assignes foure pound sterling at the feast of the Annunciation of our Lady and Saint Michaell the Archangell by euen portions with diuers other couenaunts graunts and agreaments contayned and specified in the saide Indentures as by the same more at large it doth and may appeare By force whereof the said P. C. into the premisses entered and was possessed accordinglie The state and interest of which saide P. C. to and in the premisses and euery part and parcell thereof your poore Orator by iust and lawfull conueyance and assurance in lawe of long time hath had and now hath and the same hath quietlie and continuallie possessed and enioyed for and by the space of fourteene yeares nowe last passed by force of the sayd Lease made to the sayde P. C. by the aforesayde Duke without lette or interruption of anye person or persons vntill now of late that the aforesayde Lease is casuallie come to the hands possession of Ed. Le. of P. in the County of S. Esquier which persons malitiously intending your poore Orators impouerishment and vtter vndoing haue not only wilfully broken in pieces and disseuered from the said Lease the seales of Armes of the saide late Duke annexed by him to the aforesaid lease and otherwise defaced the same to the intent your said Orator although he should recouer against them by due order and course of the lawes of this Realme the aforesaid lease yet he might be the lesse able to prooue the saide Lease to be made by the aforesaid Duke for that they well perceiue the time now so farre spent that very fewe or none of the witnesses that were present at thensealing and deliuerie of the said Lease be now liuing as they suppose But also they haue further conspired and agreed amongst themselues together with one R. W. of A. in the Countie of Salop and R. S. of the towne of Salop and Countie aforesaid That he the said R.
sÌ„ of rent suit of Court from three weekes to three weekes holden within the said manor of D. And the said I. W. so being seazed of the premisses hath now lately conueyed assured part of the said manor lands tenements in C. aforesaid vnto one H. S. Esquier his heires assignes by reason wherof yâ— said H. S. doth now hold the said parcell of land of your said Orator as of his said manor of D. by the seruice aforesaid by part of the said rent of vi sÌ„ acording to yâ— quaÌ„titie of the said lands so by him purchased of the said I. W. And so it is right ho. Lo. that diuers deeds euidences writings courtrolls aswell toÌ„cerning the said manor of D. as also coÌ„cerning the said renâ— seruice before rehearsed be now of late casually come to the hands custodie possession of the said I. W. and H. S. who by coulour thereof do intend now vtterly to disinherit your said Orator of his said rent and seruices and do deny refuse either to pay vnto your said Orator his said rent or else to do vnto him his said seruices And although your said Orator hath diuers sundry times required yâ— said I. W. H. S. aswell to deliuer vnto him the said Euidences deeds writings courtrolls as also to pay do vnto him the said rent seruices according as of right they ought to do yet neuertheles the said I. W. H. S. haue vtterly denied refused alwaies the same to do coÌ„trary to all equitie coÌ„science And forasmuch as your said Orator knoweth not the certaintie of the saide deedes euidences writings nor wherein yâ— same be conteined nor also knoweth not the certaintie of the said lands tenements that the saide H. S. hath purchased of the said I. W. therefore he is not only clearely without remedie for the recouerie of the said deeds and euidences but also by the order of the common lawe is not able to make any auowrie vpon the said H. S. for his said rent In consideration whereof may it please your good Lo. to graunt the King and Queenes most gratious writ of Subpena to be directed vnto the saide I. W. and H. S. commaunding them and either of them by vertue thereof personallie to apeare before your good Lordship in the King and Queenes most honorable Court of Chauncerie at Westminster there to make aunswere to all the premisses and therein to abide such order and direction as to your good Lordship shall be thought consonant to equitie and good conscience and your said Orator shall dayly pray to God for your good Lordship in health and honour long to continue An Answere to the bill next before The Aunswere of H. S. Esquier to the bill of complaynt of Sir T. H. Knight THe said defendant saith that the said bill of complaynt is vntrue Sect. 177. vncerteine insufficient in the lawe to be aunswered vnto and the matters therein conteined are determinable and ought to be determined at the Common lawe within the Countie Palantine of C. within which Countie aswell the saide complaynant as the saide defendant do dwell And also the said mannor and other the premisses mentioned in the said bill of complaint and supposed to be holden of the said complainant do lie and be and further saith that it apeareth by the saide bill of complaint that although it were true as it is not indeede that the said mannor of Capisthorne were holden of the saide complainant in such manner and forme as in his said bill is surmised yet the said defendant doth not nor can or ought by the lawe of the realme hold such parcell of the same mannor of C. as he hath purchased by the seruices mentioned in the saide bill And also that the saide complainant is compellable by the lawes and statutes of this realme to auow at his perill vpon such parcell of the said mannor of C. as is seuered froÌ„ the same in fee simple for such portion of the said rent as the value of the same parcell so seuered doth amount vnto and hath his ordinarie remedie for the same by the order of the common lawes and of the statutes of this realme in that case prouided if the allegations of his bill be true and the said rent can not by the order of the common lawe of this realme be aportioned in this honorable Court. For which matters and other causes aparant in the said bill the said defendant saith that the same bill and the matters conteyned in the same be insufficient in the lawe to be aunswered vnto And that he is not compellable nor ought by the lawe to be compelled to make any further aunswere to the same and demurreth in lawe vpon the same and prayeth to be dismissed out of this honorable Court without any further aunswere to be made thereunto And if this Court will not nor do admit this demurrer but the same notwithstanding will compell the said defendant to make further aunswere to the said bill as otherwise then by compulsatorie order of this Court the said defendant clayming the aduantage of the lawes of this realme whereby he ought to be tryed doth not nor will make any further or other aunswere to the same then the saide defendant after such order made by this Court to make further answere saith that the said I. W. named in the said bill of complaint was seazed in his demesne as of fee of and in one Mese and certeine lands and tenements conteyning by estimation 60. acres or thereabouts which mese and lands is called W. and are within the Countie of C. aforesaid and are of the yearely rent and value of 51. sÌ„ 4. d and the said I. W. so being thereof seised for certeine summes of money to him paid did bargaine and sell the said Mese lands and tenements called W. vnto the said defendant and his heires and thereupon did by sufficient and lawfull conueyance in the lawe conuey and assure the said Mese lands and tenements called W. vnto tâ—e said defendant and his heires to the proper vse of the said defendant and of his heires by force whereof the said defendant entred into the premisses and was thereof seised in his demesne as of fee and the same estate continued vntill about the fifth yeare of the raigne of the late King Eow the sixt that one R. B. by the commaundement of the said complainant did enter into the said Mese and into one pasture or croft coÌ„â—eyning by estimation 2. Acres of land lying on yâ— Southeast part of the said Mese and adioyning to the same and into one Orchard and one garden lying to the said mese being parcell of the saide lands and tenements called W. and in W. aforesaid and thereof did dissease the said defendant to the vse of the said complainant to which entrie and disseisin the said complainant did agree by force whereof the said complainant was and yet is seased
beene sundry times thereunto gently required but by practize and confederacie with other their complices aduersaries of your sayde Orators goe about to impeach hinder and ouerthrow your Orators good and lawfull estate in and to the premisses contrarie to all right equitie and good conscience and to the manifest and expresse wrong and iniurie of your said Orators In consideration whereof and for that your Orators knowe not the certeine dates number nor contents of the said Euidences and writings nor wherein the same are conteyned whether in bag or boxe sealed or vnsealed chest or cofer locked or vnlocked and so consequently without apt remedie at the common lawe for the recouerie thereof or to compell the saide Robert Williams Barbara his wife and the Executors or Administrators of the said Eliz. Mosier or any of them to make vnto your Orators further assurance of the premisses or to keepe or defend their lawfull title thereunto May it therefore please your good Lordship to graunt vnto your Orators her Maiesties most gratious writ of Subpena with a Duces tecum to be directed to the said Robert Williams and Bersaba alias Barbara his wife commaunding them and either of them thereby at a certeine day and vnder a certeine paine by your Lordship to be limited to be and personallie to appeare before your Lordship in her Maiesties most high Court of Chauncerie and to bring with them the said originall Indenture of lease the said deede of gift and all other the meane assignements thereof Then and there aswell to auNswere to the premisses as also to stand to and abide such further order and direction therein as to your Lordship shal be thought to stand with equitie and good conscience And your saide Orators according to their bounden dutie shall pray to God for your Lordships long life with increase of much honour The ioint and seuerall aunsweres of R. W. and Bersaba his wife defendants to the bill of complaint of I. L. and N. M. complaynants THe said defendants by protestation not confessing the said B. to be Sect. 175. lawfully seised in his demesne as of fee of and in the said house or tenement called the signe of the Lambe with the shops sellers sollars and other their appurtenances Neither that the saide Brincton did graunt it to the saide W. L. for certeine yeares vpon a ceerteine rent in maner as the said plaintifes haue alledged neither that the said L. was thereof possessed accordinglie and so being possessed did bargaine sell and conuey the said Indenture and all his title and terme vnto the said T. H. and his Assignees or that the said H. was thereof possessed accordinglie or that after his decease the administration of all the goods and chattels were committed to Ioane his wife or that she was possessed thereof by vertue of the said administration or after tooke to husband the saide Pinchbecke But the saide defendants for aunswere say that they haue heard that the saide Pinchbecke was possessed of the saide house called the Lambe but whether the saide Pinchbecke conueyed his estate to the said Mosier or that the said Mosier was possessed thereof or by his deede of gift did assure the premisses vnto the saide B. she knoweth not but saith that about 26. yeares sithence the said Mosier did giue all his goods and Chattels to the said B. and the said Bersaba one of the said defendāts but she knoweth not whether the said B. was possessed of the said house or died thereof possessed And the said Bersaba saith that the said B. apointed her his Executrix of his last will but knoweth not whether the premisses came to her by suruiuorship or executorship or any other wayes or whether she was possessed thereof by those or any other meanes And the saide defendants further say that it is more then they do certainelie knowe whether they or either of them were thereof in right possessed and the saide Robert Williams saith that whether he assigned or set our his Interest or the Lease thereof in the said house and premisses vnto the said Smith he knoweth not but to his remembrance he sealed and deliuered an obligation as he taketh it to the saide Smith but vpon what condition he knoweth not being three yeares past and he altogether vnlearned without that that the said Smith gaue the said Robert Williams for his interest of the saide house any money to his remembrance neither do the saide defendants know whether the said Smith did bargaine sell assigne or set ouer all his estate in to the premisses and the Indenture with other writings vnto the said complainants Or that the said cōplainants did enter accordingly or were possessed thereof or tooke the profits thereof as it is alledged without that that the originall Indenture of lease or y◠meane conueyances or assignements thereof are come to the possession of the said defendants But the said Bersaba saith that the said deede of gift made by the said William Moysier was in her possession about 3. yeres now past but what is become of it since she knoweth not And without that that the saide defendants haue by coulour thereof vnlawfully entred into the possession of the premisses or disposessed the said complainants in such maner and forme as in and by their said bill of complaint is alledged And without that c. A bill containing that the plaintife is seazed in fee of the mannor of O. and that one of the defendants is also seased of the mannor of C. in fee holden of the plaintifes manor by homage fealtie escuage and rent and that the same defendant hath assured parcell of his said mannor to the other of the said defendants in fee and that the same is holden of his said mannor by the same seruices and part of the rent and that diuers Euidences c. are come to the hands of the defendants and that the defendants intend to disherit the plaintife of the rent and seruices and that they refuse to pay the plaintife the rent or to do him the seruices and so prayeth a Subpena against the two defendants To the right honourable and reuerend Father in God Stephen Bishop of Winchester and L. Chauncellor of England SHeweth complaineth vnto your good Lo. your dayly Orator Sir Sect. 176. T. H. Knight that where your said Orator is lawfully seised in his demesne as of fee of in the manor of D. in the County of C. of which manor diuers persons being tenants and freeholders do hold by suit of Court and other seruices And where also one Io. W. of C. in the said County of C. Esquier is also seazed in his demesne as of fee of in the Manor Lordship of C. in y◠said County of C. and of in diuers lands tenements in C. in the said County of C. and so being thereof seazed the same doth hold of your said Orator as of his said manor of D. by homage fealty escuage vi
cuius rei testimonium c. And vpon this Commission a writ shall be sent to the Shirife to returne a panel before the Commissioners at a certaine day before them limitted vnto him by their Precept Thus A Venire facias to the Shirife vpon the same Commission REgina VicecomitÌ„ c. Praecipimus tibi quod summonÌ„ per bonos Sect. 202 summonitÌ„ xij tam Milites quam alios probos legales homines de visinetÌ„ de N. quod sint coram dilectis fidelibus nostris A. B. C. hijs quos sibi associauerimus ad certos diem locum quos ijdem A. B. C. tibi scire facient parati sacramÌ„to recognoscere si F. filius haeres C. apud N. natus in ecclesia eiusdem villae baptiz fuit qui ratione minoris aetatis suae in custodia nostra existit plenae aetatis sit vt dicit necne interim ad pÌ„d ' ecclesiam villam accedant vt veritatem aetatis pÌ„d ' diligenter inquirant nomina eorum imbreuiari faciant Et sci fac E. S. custodibus terrÌ„ praed ' herÌ„ quam tunc sint ibi ad audiend ' illam recognÌ„ ad ostend ' si quid obstare debeat quare praed ' I. terras tenementa sua habere non debeat habeas ibi nomina illorum duodecim hoc breue Teste c. Whereby appeareth that the committee of the King shall be warned to be there But if the King haue the Ward in his owne hands then this clause Et scire facias E. S. custodibus c. shall be omitted in the writ Of Homage done or respited WHen a writ de Aetate probanda is executed and returned and Sect. 203. that the heire hath proued his age then he must do homage or agree with the Queene to respect the same and pay reliefe before liuery sued and a writ testifying homage to be done when the heire is at full age at the death of his auncestors Regina EschaetorÌ„ c. Sciatis quod cepimus homagium I. de H. filij hered ' B. de H. defuncti de omnibus terris tenemÌ„tis que idem B. pater suus tenuit de nobis in capite die quo obijt ei terras tenÌ„ta illa reddidimus Et ideo tibi praecipimus quod accepta securitatÌ„ a praef I. de rationabili releuio suo nobis soluend ' ad Scaccarium nrÌ„um eid ' I. de omnibus terris tenemÌ„tis praed ' de quibus praef B. pater suus fuit seisitus in dnÌ„ico suo vt de feodo in balliua tua die quo obijt queque occasione mortis eiusd ' B. captÌ„ sunt in manum nrÌ„am plenam seisinam habere facias Saluo iure cuiuslibet salua Matildae que fuit vxor B. rationabili dote sua ipsam de terris tenementis praed ' secundum legem consuetudinem regni nostri Angliae contingentÌ„ ei per nos assignand ' Teste meipsa c. But if the heire were in ward and hath proued his age the writ of the homage receiued must be thus Regina c. Quia N. de E. fil' haeres R. de C. defuncti qui de domino Ed. nuper Rege Angl. auo nostro tenuit in capite aetatem suaÌ„ coraÌ„ te sufficienter probauit sicut per probationem de mandato nostro captam in CancellarÌ„ nostram retornatÌ„ est compertum ceperimus homagium ipsius N. de omnibus terris tenemÌ„tis quae idem R. pater suus tenuit de dicto auo nostro in capite die quo obijt ei terras tenementa illa reddidimus Ideo tibi pÌ„cipimus quod eidem N. de omnibus terris tenementis praedict ' de quibus praedict ' R. pater suus fuit seisitus in dominico suo vt de feodo in balliua tua die quo obijt per mortem eiusdem R. in manum dicti aui nostri capta fuerÌ„ in manu nostrÌ„ sic capta existunt plenam seisinam habere facias saluo iure cuiuslibet Teste c. Diem claufit extremum post mortem felonis WHen the King hath the lands of the Wife by reason that her Sect. 204. Husband was outlawed for felonie then after the Husbands death the Diem clausit extremum is such Quia A. cuius terrae tenemÌ„ta que ipse tenuit de iure haereditate N. nuper vxoris suae ad huc superstitit ad manus domini E. nuper Regis Angl ' 4. post conquestum occasione cuiusdam vtlagariae in ipsum A. pro quadam felonia vnde indictatus fuit vt dicitÌ„ promulg ' deuenerÌ„ in manu domini H. c. patris nostri extiterunt sic in manu nostra existunt diem clausit extremum c. Tibi praecipimus quod per sacrameÌ„tum c. inquiras que tenÌ„ta ratione feloniae praed ' ad manus ipsorum nuper regis deuenerÌ„ ad huc in manu nostra sic existunt de quo vel de quibus teneantur per quod seruitium qualiter quo modo quantum terrae tenemÌ„ta illa valeant per annum in omnibus exitibus iuxta verum valorem â—orundem quis vel quiterras tenementa illa a tempore perpetrationis feloniae praed ' occupauit vel occupauerunt exitus proficua inde percepit vel perceperunt quo titulo qualiter quomodo inquisitÌ„ c. Nihil simul natum perfectum W. WEST FINIS The Table to the Second parte of SYMBOLEOGRAPHY the new addicions hauing this marke ✿ set before them Of Fines and Concordes THe Definition Sect. 1 The parties 2 What persons may be cognisors what not 3 Of Infancy 4 Defects of the body 5 Impediments legall or cyuill 6 Of legall Subiection 7 Of Couerture 8 Villeins 9 Persons dead in Law 10 Imprisonment 11 Of persons hauing ioynt power 12 Of the â—states of Cognisors 13 How Coâ—isors ought to be named 14 What persons may be cognisees and by what names c. 15 Before what persons they may be knowledged 16 Of a Dedimus potestatem de fine leuando 17 Iâ—dges to whom cognisâ—nces are to bee certified and before whom they are to be recorded 18 The diuision of Fines 19 Of Fines executed executory 20 Of single and double Fines 21 Of the parts of the writ of couenaÌ„t 22 Of writs whereupon they are leuied 23 Whereof they be grounded 24 Of what things they may be leuied 25 By what names things may passe 26 Of the names of the place wherein the lands do lie 27 How seuerall thinges must bee placed in wâ—its of Couenant 28 Of Adiuncts proper to the writs whereof fines be leuied 29 The seuerall formes of Concordes 30 Writs of Couenant of Common 31 A Fine of land a Shepewalke 32 Of wood and Foldage 33 Of Wood. 34 Of 2 parts