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
in him 38. E. 3. 20. Nor tenant in taile after possibility of issue extinct for the inheritance which was once in him 43. Ed. 3. 1. 46. E. 3. 13. 27. A particuler tenant of lands holden in Capite is not â—â—pellable to T. for life of lands in capite atturne without sight of a licence of alienation least his lands should be be subiect to a fine for the alienation without licence 45. E. 3. 6. If A. and B. haue an estate for ten yeeres as executors and B. haue Executors fiue yeres in reuersion in his owne right he must atturne because he is possessed of yâ— who le terme the atturnement of one executor of a terme is good enough 32. E. 3. â—itz Quid iuris clamÌ„ 5. per Stanhoppe But if A. lease to B. and C. for vi yeres and after confirme the estate T. pur viâ— ouâ— A. pur ans of B. for life the note of the fine shal make mention of B. onely per Seton 32. E. 3. Fitz. Quid iurÌ„ clamÌ„ 5. If tenant in dower or by curtesie grant their estate yet the Quid iurÌ„ T. Dower T. Curtesiâ— clamÌ„ lyeth against them for none but they can be tenant in dower or by the curtesie 18. E. 3. 5. If a lease for yeres with liuery be vpon condition that if the lessee T. for yeeres vpon conditioÌ„ pay x. li. such a day or the lessor die within the terme c. he shall haue fee If before the day the lessor alien by fine this tenant shall attourne Saluis aduantagijs And yet if he pay the x. li. at the day or the leassor die during the terme the lessee shall haue fee 6. R. 2. Fitz. Quid iuris clamat 20. If a Quid iuris clamat be against two as tenants in comen he which Vers T. in coÌ„men appeareth must atturne if he plede not that they are ioint tenants 16. E. 3. Fitz. Quid iurÌ„ clamÌ„ 21. If a particuler tenant graunt ouer his estate after the note leuied yet After assignement must he atturne 17. E. 3. Fitz. Quid iurÌ„ clamat 11. If the tenant attorne once vpon the grant of the cognisor he shall attorne Once attorne no more 4. E. 2. Fitz. Quid iurÌ„ clamat 45. If a ioint tenant or tenant in commen of a reuersion graunt his part Ioint tenant Tenant in commen by fine the particuler tenant shall not be compelled to attorne 5. Ed. 3. Fitz. Quid iuris clamÌ„ 40. Vpon a lease for life vpon condition that if the lessee die within 20. TenaÌ„t for life vpon conditioÌ„ yeres that his executors administrators or assignes shall hold vnto the end of 20. yeres the lessee shall attorne as tenant for life with protestation to saue his interest 16. E. 3. 20. E. 3. Fitz. Quid iurÌ„ clamÌ„ 22. 31. If the reuersion of 2. ioint tenants for life be graunted by fine supposing Ioint tenaÌ„t of a reuersion th one to be sole tenant the tenant is not compellable to attorne 32. E. 3. Fitz. Quid iuris clamÌ„ 5. per Seton But tenant by Statute or Elegit seemeth not compellable to attorne T. by Elegit because the cognisor cannot compell him to accompt and he may holde the lands after his summe satisfied vntil he haue leuied his damages 6. E. 3. 53. Fitz. Fines 99. E. 3. Fitz. Quid iurÌ„ clamÌ„ 47. Nor a tenant for life where the husband sole is cognisor of his wifes Baron sole cognisor land for if he do at torne the wife suruyuing her husband may enter for forfaiture 27. E. 3. And a Clark which hath no lay fee is not compellable to attorne 38. A Clark E. 3. 28. Nor a tenant for life in reuersion or remainder 34. H. 6. b. Reuersion Nor tenant in frankmariage Lib. intrÌ„ Quid iuris clamat 11. Frankmariage Infant Ideot Nor an Infant 43. E. 3. 1. Nor a Lunatique madman or Ideot as it seemeth because of their disabilities But attournement made by such persons as are able but not compellable to attourne is good 12. E. 4. Natu. br fo 170. b. And an attornement may be with an exception if the tenant haue a With exception lease for life without impeachment of wast as he may atturne sauing his aduantage it shal be so entred 45. E. 3. 11. 24. E. 3. If the tenant haue couenaÌ„ts to repaire c. 48. E. 3. 32. Or haue an Annuitie Couenants out of the land 48. E. 3. 32. Or couenant of warrantie or acquitaile Annuitie Warrantie Acquitall Graunt 41. E. 3. 48. Or to felle trees he may atturne sauing these aduantages If A. seised of lands in fee thereof infeoffe B. to thuse of the said A. for life and after to thuse of his executors assignes for xx yeres after RemÌ„ in fee. his death And then to thuse of C. in fee Quere if A. shal be compelled to atturne in Quid iurÌ„ clamat supposing him tenant for life onely not mencioning yâ— terme without sauing of his terme by protestation Dyeâ— fol. 309. pl. 77. 14. Eliz. No view lieth in Quid iurâ—s clamat 15. E. 4. 28. What plees will barre the plaintife of atturnement IF yâ— tenant plede that he is seised in fee the day of the note leuied without Sect ' 162. Seisin in fee. that that he was then seised for life without shewing how he is so seised 15. E. 4. 28 1. H. 7. 27. Or if the tenant for life plede that before the fine an estraunger was The conusor had nothing seised in fee and released vnto him in fee. Without that that the recognisor had any thing in the lands the day of the note leuied 3. H. 4. 3. If a perticuler tenant plede he holdeth not of the cognisor the day of Nontenâ—re the note leuied he must shew what estate he claimeth and from whom 3. E. 3. 6. Fitz. Quid iuris clamat 6. 14. E. 3. Fitz. Quid iurÌ„ 9. But if he claime fee he shal not shew howe 14. E. 3. 3. Fitz. Fines 7. Seisin in fee. but trauerse that he holdeth for life 1. H. 7. 27. Leassee for viii yeres vpon condition that if the lessor alien within the Sesi de tali â—atu qual c. terme he shall haue fee cannot alleage that and say that he claimeth estate according to the tenour of his deede but must pleade his estate certainly 2. E. 2. Fitz. Quid iuris clamat 38. If the tenant confesse for part and plede a plee which may forfait his For parcell estate therein he must attorne by and by 11. H. 4. 57. Contra 22. 3. 18. Fitz. Fines 33. Release of the cognisor before the cognisans to the heire or his auncestors Releas in fee is a good barre 44. E. 3. 34. If leassee pur ans claime pur vie faile de ceo il forfeit son terme
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
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.
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
husbandman artificer laborer or any Ecclesiasticall person as Archbishop Bishop Archdeacon Deane Parson Vicar Clerke c. Or any Corporation or bodie ciuill politique or corporate hauing couent or common seale as Baylife and Burgesses Maior and Comminaltie or any other fraternitie or brotherhood 11. H. 4. 44. 12. H. 4. 20. 14. H. 4. 21. 7. H. 6. 27. And albeit it be not necessarie alwayes in fines to giue the parties their proper additions of place dignitie estate degree misterie or occupation Yet if there be two or more in one parishe of one name and surname it seemeth requisite for distinction sake to giue them some additions c. as I. S. senior or iunior c. As if a man haue two sonnes of one name or the father and his sonne be of one name the father shall not carie the addition of senior but the sonne of iunior and not the elder brother but the yonger 37. H. 6. 29. 47. E. 3. 16. What persons may be Cognizees in fines and secondly by what names they must be named ALl such persons as may be grauntees or take contracts may bee Sect. 15. cognizees as persons of full age Infants femes couert madde men lunatique ideots men imprisoned men without the Realme And all Corporations and ciuill bodies men attainted of felonie or treason men outlawed in personall actions bastards clerkes conuict villeines aliens c. And if a fine be leuied to a feme couert she needeth not to bee examined because she taketh by the fine And if she had any better estate before the fine the fine shall not conclude her to claime it 3. H. 6. 42. 41. E. 3. 7. 50. E. 3. 9. 24. E. 3. 62. Neither shall an Infant being cognizee 〈◊〉 24. E. 3. 62. because the fine is for his benefite Tenant 〈◊〉 may be cognizee in a fine by which the cognizee doth confesse all his fight which he hath in the lands to be the right of the tenant for life and release and quite claime to him and his heires and not commit any forfeiture for thereby his former estate is not changed and it may inure to him in reuersion or remainder 1. H. 7. fol. 5. And an Abbot Deane and Chapter Maior and Cominaltie such like CorporatioÌ„s may be cognizees in fines But before the ingrossing of the fine to such Corporation a writ ought to be directed to the Iustices of the common place quod permittant finem illum leuari 5. H. 7. 25. 19. H. 6. 25. A Prior may be cognizee 22. E. 4. 15. E. 4. 22. But persons ciuilly dead as Monkes Channons and Friers can not be cognizees because they be vnder the rule of others and want ciuill capacitie 5. H. 7. 25. 19. H. 6. 25. By what names 2 Cognizees in fines must be named by their right proper names surnames for a fine being leuied to A. and Sibell his wife where her Christian name was Isabell was holden void 1. Ass pla 1. See the Section how the Cognizors are to be named and that will satisfie you for the naming of Cognizees Before what persons Fines may be knowledged HAuing thus perused the capacities estates names of cognizors Sect. 16. and cognizees it is time to inquire of the Iudges before whom this businesse may be handled Touching which it is to be noted that of these some are Iudges only at the time of the cognizances certificat thereof And others at the time of the Concord And Iudges of the cognizances are such persons as haue power to take such cognizance eyther by vertue of their offices or by some commission generall or speciall graunted vnto them by her Maiestie out of the high court of Chauncery All or two of the Iustices of the Common place may in open court take knowledge of fines and record them by vertue of their offices 15. E. 2. cap. And the chiefe Iustice of the Common place by the priuiledge and prerogatiue of his place and office may take cognisance of fines in any place out of the court and certifie the same without writ of Dedimus potestatem Dyer fol. 224. pla 31. And it seemeth by the Statute 15. E. 2. that if the parties be not able to trauell two of the Iustices of the common Bench with the consent of the rest or one of them with a Knight may go vnto the parties and receiue and certifie their cognizances into the said Court without any Dedimus potestatem to enable them thereunto But this course is long sithence discontinued And it seemeth that â—â—stices of Assises by the generall wordes of their Patents may take and certifie cognizances of fines without any speciall Dedimus potestatem for the wordes be in effect as followeth that is to say Necnon ad recipiend ' omnes fines concordias recognitiones in circuitu suo coniunctim diuisim recognitÌ„ pro illa vice in circuituillo non obâ—lante aliquo actu statuto siue ordinatione in contrarium c. Yet such Iustices vse not now to certifie them without a speciall writ of Dedimus potestatem sued forth of the Chauncery directed vnto them and giuing them therby power to take and certifie such cognizances as they haue alreadie taken Dyer fol. 224. plac 51. 5. Eliz. â— H. 7. 9. And fines haue beene leuied before Iustices Errants Lib. Intrac ' titulo Scire fac ' in Ayde 2. Of a Dedimus potestatem de Fine leuando A Special commission for a fine is a writ of Dedimus potestatem directed Sect 17. to some persons to take the cognisances of the cognisours which is graunted out of the Chauncery when Cognisors of fines by reason of infirmitie or other reasonable cause cannot come to the Court there to make cognisance thereof This Dedimus potestatem must containe the substance of the writ of Couenant and recite that it is thereof depending betweene the parties bearing Teste after the writ of Couenant which writ of Dedimus potestatem ought to be directed to men of good credite conscience and exptert in the lawes who must certifie the same with the cognisances to the Iustices of the common Plees as shal be shewed hereafter And euery such Dedimus potestatem to a special commission must be signed by the Lord Chancelor or Lord Keeper and Lord chiefe Iustice of the common plees or by some of the Iustices of the circuit where the land lyeth But now many writs of Dedimus potestatem to take knowledge of fines bee directed to men of meane degree and small knowledge with whom sometimes for fashion sake in such commissions be ioined Lords Knights and other of good credite but be seldome vsed in the execution thereof By meanes wherof oftentimes this busines is vnduely effected and Recognisances of femes couert within age and of other weomen neuer duely examined and of Infantes as also of madde men Lunatiques Ideots and men imprisoned are sometimes certified which would neuer be suffered if such Cognisors were for
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 '
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
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
things excepted must succeede those things out of Things excepted which they be excepted And if there be diuers parcels in one writ that parcel out of which thexception is to be made ought to be last placed RegistrÌ„ fol. 6. as de manerio de D. cum pertinÌ„ in C. excepto vno mesuagio duabus acris terre aduocatione Ecclesie de C. c. And euery thing excepted ought to be certainly named It needeth Pertinencie not to say cum pertinÌ„ after the thing excepted 40. E. 3. 25. And thexception must alwaies be of such things wherof the writ wil lie and be mencioned therein Plowd fol. 362. a 362. b 370. a RegistrÌ„ fol. 228. 229. of which for the present view thensample ensuing videlicet Praecipe A. B. quod teneat C. D. conuenc ' c. de vno mesuagio vno cotagio medietate vnius mesuagij decem acrarum terrae cum pertinÌ„ excepta vna acra terrae in N. c. And finally the forme order of placing the particulers in a writ of Regula Couenant is in all things as in a Praecipe quod reddat of lands And further obserue the rule of the Register fol. 2. which partly appeareth in these Verses ensuing suagium tum lendinum umbare dinuÌ„ ra tum tura cus ra Regula Mes tof mol col gar ter pra pas bos brue mora ria cus tum caria ditus Iunca maris alne rus red sectare priora The writ of Couenant must beare Teste before the writ of Dedimus Writ potestatem 35. H. 8. Br. Fines 116. Of Adiuncts proper to the writs whereof Fines be leuied OF Adiuncts proper to writs of Couenant and other writs vpon Sect. 29. which fines be vsually leuied some be internall Adiuncts and some externall AdiuÌ„cts internall be the days of returne and the date or Teste of the Adiuncts internal writ which be also common to other writs In the Returne it is to be obserued that there be xv dayes at the Returne least betweene the Teste and the day limited for the returne thereof 12. E. 4. 11. The Teste or date must not be vpon any Sunday or other festiuall Teste day which is not dies iuridicus in Court External Adiuncts to writs be the writing the Latin the affidauit Externall or composition the signing and the paiment of the fine and returning which be in like maner common to other writs Touching the writing thereof it is meete to be faire written without Writing rasing or interlining of any principall matter therein for such rasing Rasing Interlining False Latin or interlining will ouerthrow the writ in some cases 45. E. 3. 18. Also it behoueth that there be no false Latin in any such writs 7. H. 6. 34. And therfore such writs should heedfully be examined twise or thrise Examination of Writs ouer for feare of errors The forme vsed in the returning of such writs wil appeare amongst Returnes the presidents for the returnes are nothing else but the Shirifes answeres touching that they are commaunded to do by the same writs Vpon what writs fines may be leuied For so much as no fine can be leuied but upon some originall writ Originals Stat. de Finibus 18. Edw. 1. we are now to consider vpon what original writs fines are leuiable A writ of Couenant is the most vsuall writ whereuâ—oÌ„ fines are leuied Couenant Fitz. Nat. bre fol. 146. f. 35. H. 8. Br. Fines 116. Carliel St. 15. E. 2. Yet may fines be leuied vpon a writ Warrantia cartae 18. E. 4. 22. Warrantia cartae Mesne Customes seruices Carliel St. 15. E. 2. Or vpon a writ of Mesne 18. E. 4. 2. Or vpon a writ de Consuetudinibus Seruitijs 22. Ass p. 37. Pasc 14. Eliz. Dyerfol 179. pla 46. Or vpon any writs of Right 7. E. 3. fo 335. Plow fol. 358. Right Without original Yet Tremayle Iustice holdeth that if in a Praecipe quod reddat against the tenant for life which maketh default after default he in the reuersion or remainder be receyued a fine may be leuied of the land betweene the demaundant and him in the reuersion or remainder Ideo Quaere 21. E. 4. 4. A fine may be vpon a writ Quod permittat habere chiminum vltra Quod permittat terram le Cognizor 2. E. 3. 19. Fitzh Fines 102. The seuerall formes of Concordes A Concord is the verie agreement betweene the parties how the Sect. 30. lands shall passe in the forme whereof many things are to be regarded As if it be single whether it be sur cognizance de droit come ceo que il ad de son done Or sur graunt done releas or confirmation Or if it be a double fine with a render what estates are to be created thereby and of the reseruation of Rents nomine penae and clause of distresse and seruices with the clause of warrantie For which it is to be noted that when a fine is leuied to diuers Cognizees the right shal be limited to one of them onely and thestate limited to his heires onely whose right it is knowledged to be 3. H. 6. 42. 21. E. 3. 33. 43. E. 3. 11 24. E. 3 64. as this Et est Concordia talis scilicet quod pÌ„dictus A. cognÌ„ tenÌ„tÌ„ praedict ' cum pertinÌ„ esse ius ipsius B. vt ill ' quae ijdem B. C. heÌ„nt de dono praed ' A. Et ill ' remisit quietÌ„ clamÌ„ de se haeredibus suis praefatis B. C. haeredibus ipsius B. c. But the kings tenant in Capite may knowledge the right of his lands to be in diuers for the kings benefit in hauing many such tenants in Capite 7. H. 7. 4. And likewise the releas and warrantie must be from the heirs of one of the Cognizors 44. E. 3. 21. for in a fine from diuers the fee must be supposed to be in one of them onely 21. E. 3. 33. In a fine sur graunt and render none can take the first estate vpoÌ„ the render but some of the Cognizors but Reuersions or Remainders any estranger may take For if A. knowledge a fine to B. and B. render to the said A. Habendum sibi E. vxori eius and the heires of theri bodies c. by this fine E. must haue none estate because she is not named in the writ 24. E. 3. 28. 30. H. 8. Br. Fines 108. 7. E. 3. 64. And a man cannot by fine by way of remainder reserue a lesse estate to himselfe then fee And therefore if A. knowledge a fine to B. in fee and he rendre to A. in taile the remainder to himselfe for life this remainder is void for A. had fee simple before 24. E. 3. 28. 14. H. 4. 31. And a Concord cannot be of any other thing then is conteyned in the writ of Couenant and not of a
festorum praedictorum post decessum praedict ' R. ✿ Et si contingat praedict ' annuitÌ„ siue annual ' redditÌ„ quinque libtÌ„ aretro fore c. Concess etiam praedict ' H. et C. praefatÌ„ C. C. et D. tam reuersionem tenementorum cum pertinentijs quam praedict ' redditÌ„ v. librÌ„ superinde reseruatÌ„ Et ill ' â—is reddiderunt in eadem curia Habendum tenendum percipiend ' praedict ' reuersionÌ„ tenementorum praedictorum cum pertinentijs redditum praedictum praefatÌ„ C. C. et H. haeredibus ipsius D. imperpetuum I. R. being tenant in generall taile in possession the reuercioÌ„ in fee to C. and T. the same C. and T. by fine graunt the lande to M. and E. and the said M. and E. render the same againe to the said T. Habendum from a certaine feast next after the death of the said I. without heire of his bodie for the terme of 1500. yeares reseruing i d' rent and after the end of the terme to P. T. one of the sonnes of the said T. for euer EborÌ„ ss PRaecipe c. C. N. et T. T. quod tenÌ„ M. B. et E. D. conuenc ' Sect. 65. c. de c. Et nisi c. ¶ Et est c. quod cum I. R. habet tenet sibi haered ' de corpore suo legitime procreatÌ„ tenâ—mentÌ„ pÌ„d ' cum pertinÌ„ remanÌ„ inde post decessum ipsius I. si idem I. obierit sine haerede de corpore suo legitime procreatÌ„ praefatÌ„ C. haeredibus suis spectanÌ„ ijdem C. T. concesserÌ„ tenÌ„ta praedict ' cum pertinenÌ„ praedict ' M. E. haered ' M. imperpetuum ✿ Tenend ' c. Et praedict ' C. haered ' sui warrantÌ„ praef M. et E. haered ' ipsius M. tenementÌ„ praedict ' cum pertinentijs sicut praedictum est contra omnes homines imperpetuum ✿ Et pro hac concessione redditionÌ„ warrantÌ„ fine concord ' ijdem M. E. concesseâ— praedict ' T. tenementÌ„ praedict ' cum pertinenÌ„ Et ill ' eâ— redd c. ✿ Habend ' c. eidem T. assignÌ„ suis a festo S. Martini in hyeme prox post decessum praedict ' I. si idem I. obierit sine haerede de corpore sâ—o legitime procreatÌ„ vsque finem termini pro termino mille quingentÌ„ annorum extunc proximÌ„ sequenÌ„ plenarie complend ' absque impetitione alicuius vasti ✿ Reddend ' inde annuatim praefatÌ„ M. et E. et haered ' ipsius M. vnum denarÌ„ ad festum c. annuatim soluend ' toto termino praedict ' si petatur Et post teâ—â—inum illum finitum praedict ' tenementa cum pertinÌ„ integre remanÌ„ P. T. vni filiorum praedict ' T. eâ— haered ' ipsius P. imperpetuum c. vt supra A lease of a messuage by fine for yeares to beginne at a time to come with a clause of distres North. ss PRaecipe A. B. E. vxori eius quod tenÌ„ C. D. conuent ' Sect. 66. c. de vno mesuag ' c. ¶ Et est concordia talis scilicet quod praedict ' A. B. E. concess tenementÌ„ praedict ' cum pertinentijs praefatÌ„ C. D. et assignatis suis Et illa in eadem curÌ„ praef C. D. reddiderÌ„ Habendum tenend ' eidem C. D. a festo Pentec ' quod erit in annâ— domini 1597. vsque finem termini viginti vnius annorum extunc proximÌ„ sequenÌ„ plenarÌ„ compleno ' Reddend ' inde annâ—â—tim praef A. B. E. et haered ' ipsius E. septem librÌ„ legalis monetae c. ad festa S. Martinâ— Episcopi in hyeme N. A. P. aequis porcionibus annuatim durante termino praedict ' soluend ' Et pro hac c. A lease of one messuage c. to diuerse for ninetie years if the lessee his wife and 2. others liue so long reseruing a Rent and the best Beast after the death of euery tenant in name of an Heriot with a clause of distres for the same Rent and Heriot and after graunteth the reuercion to the lessor and his wife in fee. Lond. ss PRaecipe I. R. armig ' M. vxori eius T. B. quod tenÌ„ Sect. 67. R. C. V. C. conuenc ' de vno mesuagio c. ¶ Et est concordia talis scilicet quod praedict ' I. M. et T. recognÌ„ tenementa praedict ' cum pertinenÌ„ esse ius ipsius V. vt ill ' c. cum relaxatione et warrantia Et pro hac c. ijdem R. et V. concesserÌ„ praefatÌ„ T. B. praedictÌ„ tenementa cum pertinÌ„ Et ill ' ei reddiderunt in eadem curia Habend ' tenenduÌ„ eidem T. et assignÌ„ fuis a festo Natalis domiâ—i proximÌ„ futurÌ„ vsque ad finem termini nonaginta annoruÌ„ tunc proximÌ„ sequenÌ„ et plenatie complend ' si ijdeÌ„ T. et I. vxor eius B. B. et T. B. filij ipsius T. tam diu vixerint aut eorum aliquis tam diu vixerit ✿ Reddend ' inde annuatim pÌ„dict R. et V. et haered ' ipsius V. quatuor librÌ„ legalis monetae Angliae ad festa Annunciationis beatae Mariae virginis NatiuitÌ„ Sancti Ioh. Bapt. S. Michaelis archang et Natiuitatis dnÌ„i per aequales porciones annuatim soluend ' toto termino praedict ' ac soluenÄ‘ post decessum T. B. patris et post decessum cuiuslibet inde teneÌ„tis suum optimuÌ„ animal nomine heriotÌ„ ✿ Et si contingat praedictÌ„ redditÌ„ iiij li. aretro fore in parte vel in toto post aliquod festum festoruÌ„ pÌ„dictorÌ„ quo vt pÌ„fertur solui debeat non solutÌ„ aut si contingat pÌ„dictÌ„ optimuÌ„ animal nomine heriotÌ„ vt praefertur soluend post decessum cuiuslibet tenentium praemissorÌ„ fore insolutÌ„ aut subtract ✿ Quod tunc bene licebit praedict R. et V. et haered ipsius R. in praed ' tenementa cum pertinentijs intrare et distring ere districtionesque sic ibidem captÌ„ et habitas licite abducere asportare et effugare ac penes se retinere quousque de praedict ' redditÌ„ iiij li. et arreragijs eiusdem si quae fuerint vna cum optimo animali praedict ' quando contigeret plenarie fuerint satisfactÌ„ et persolutÌ„ ✿ ConcesserÌ„ etiam praedict ' R. et V. praedict ' I. et M. reuersionem tenemeÌ„torÌ„ praedictorÌ„ cum pertinentijs praedictÌ„ redditÌ„ iiij li. ac praedictÌ„ redditÌ„ optimi animalis nomine haeriotti superius reseruatÌ„ Et ille eis reddiderÌ„ in eadem curia Habendum tenend ' eâ—sdeÌ„ I. M. haered ' ipsius I. et M. haered ' ipsius I. de capital ' dominis feod ' ill ' imperpetuum c. A lease for yeares to one of the Conusors of one messuage c. reseruing Rent with a Nomine pene and a distresse for the rent and paine with a graunt of the reuercion to one of the Conusors and his wife in
praedict ' M. Tenend ' vt supra A Fine of the moity of manors messuages land meadow pasture wood linge and heath more marishe and rent the aduowson of the moity of a Church the aduowson of the moity of a Monasterie or priory in possession and reuersion in fee. HEc est finalis concordia fact ' in Curia dn̄ae Reginae apud Westmonaster̄ sect ' 83. in crastino sanctae Trinitatis Anno regni Eliz. dei gratia Angliae Francie Hibern̄ Reginae fidei defens c. a conquestu tricesimo fecundo coram E. A. c Iustic ' alijs dominae Reginae fidelibus tunc ibi presentibus int̄ A. M. L. H. quer̄ T. N. I. vxorē eius vnam consanguinearum heredū R. E. deforc ' de medietate mancriorum de W. R. cum pertinētijs ac de medietate octaginta messuag ' 40. acr̄ terr̄ 300. acr̄ prati 50. acr̄ pastur̄ 100. acr̄ bosci 30. acr̄ iampnorum bruere 160. acr̄ more 200. acr̄ marisci viginti solid or̄ redditus cum pertin̄ in W. R. W. P. T. c. Necnon de Aduo catione medietat̄ ecclesiarum de E. W. P. R. ac etiam de aduocation̄ medietat̄ Monasterij siue Prioratus de L. vnde placitum conuentionis summ̄ fuit inter eos in eadem curia Scilicet quod praedict ' T. I. recogn̄ praedictas medietates cum pertinentijs ac aduocationes praedictas esse ius ipsius A. de quibus ijdem A. L. habent de dono medietatem praed ' manerij de R. cum pertin̄ Necnon medietatem octoginta messuag ' 260. acr̄ terre 100. acr̄ prati 300. acr̄ pastur̄ 80. acr̄ bosci 200. acr̄ iampnorum bruere 140. acr̄ marisci 100. acr̄ more vj. li. vj. s. reddit̄ cū pertin̄ in R. T. H. c. Ac etiā aduocation̄ medietatis ecclesiae de R. ac aduocac ' medietat̄ Monasterij siue Prioratus de L. pcell ' medietatis mane◠tenementorum reddituum aduocat̄ praedictar̄ de dono praedictorū T. I. ✿ Et ill ' remiser̄ quiete clam̄ de ipsis T. I. hered ' ipsius I. p̄dictis A. L. hered ' ipsius A. imperpetuum Et preterea ijdem T. I. concesserunt pro se heredibus ipsius I. quod medietas manerij de W. ac medietas 30. messuagio◠150. acrarum terre centum acrarum prati c. cum pertinentijs in W. P. E. W. praed ' ac aduocationes medietatis ecclesiarum de P. E. W. pred' resid ' medietatis maneriorum tenementorum redditu aduocac ' praedict ' que E. E. tenet ad terminum vite sue de hereditate praedictae I. die quo hec concordia facta fuit que post decessum ipsius E. E. ad predict ' T. I. hered ' ipsius I. debuerunt reuerter̄ post decess ipsius E. E. integre remaneant praed ' A. L. hered ' ipsius A. ✿ Tenend ' simul cum praedict ' medietate aduocatione que eis per finem istum remanent de capitalibus dn̄is feodi illius per seruitia que ad illas medietates aduocac ' pertinent imperpetuū Et praed ' T. I. hered ' ipsius I. warrant̄ praed ' A. L. hered ' ipsius A. praedictas medietates cum pertinētijs ac aduocationes praedictas sicut praedictum est contra omnes homines imperpetuum ✿ Et pro hac recognitione remissione quieta clamatione warrāt̄ fine concordia ijdem A. L. concesserunt praedictis T. I. praedict ' medietatem manerij de R. medietatem praedictor̄ ten̄tor̄ cum pertin̄ in R. T. H. c. praedict ' Necnon a duocationem medietatis ecclesiae de R. predict ' ac aduocationem medietatis Monasterij siue Prioratus de L. p̄dict ' Et illas eis red diderunt in eadem curia Habend ' tenend ' eisdē T. I. here d'ipsius I. de Capitalibus dominis feodi illius per seruitia que ad illas medietates aduocationes pertinent imperpetuum ✿ Et concesserunt etiam praed ' A. L. praedict ' medietatem manerij de W. cum pertin̄ ac praedict ' medietatē ten̄t̄ cum pertin̄ in W. P. E. c. p̄d ' pref T. I. Et illas etiam reddiderunt in eadem curia Habend ' tenend ' immediate post mortem p̄d ' E. E. eisdem T. I. hered ' ipsius I. de capitalibus dn̄is feo di illius per seruitia que ad illam medietatem aduocationem pertinent imperpetuum A graunt of lands by fine to two who render to the cognisor in generaltaile for default of such issue to R. T. in general taile the remainder to the Queenes Maiestie her heires and successors for euer ET est concordia c. quod praed ' A. recogn̄ ten̄t̄ praed ' cum pertin̄ Sect ' 84. esse ius ipsius I. vt ill ' que ijdem I. D. habent de dono praedict ' A. Et ill ' remisit c. Et pro hac c. ijdem I. D. concesser̄ praefat̄ A. tenement̄ praedict̄ cum pertinen̄ Et ill ' ei reddid ' in eadem curia Habenđ tenend ' eidem A. heredibus de corpore ipsius A. legitime procreat̄ pro defectu talis exitus tunc tenement̄ praedict ' cum pertinentijs integre remaneant hered ' de corpore R. T. alij praedict ' A. here dibus de corpore eorum legitime procreat̄ Et pro defectu talis exit̄ tunc tenement̄ predict ' cum pertinentijs remaneant dominae Elizabethae nūc Reginae Angliae Franciae et Hiberniae hered ' et successoribus suis imperpetuum c. A graunt of landes in general taile to be holden of the grauntor in Socage with diuers remainders ouer in taile with warranty against all men Essex ss PRaecipe s. B. agm̄ qd ' ten̄ W. S. cōuenc ' de iij. messuag ' Sect ' 85. c. cum pertin̄ in C. Et nisi c. ¶ Et est concordia talis scilicet quod predict ' S. concessit prefato W. tenementa praedict ' cum pertinentijs illa ei reddidit in eadem curia Habend ' tenend ' eidem W. hered ' de corpore suo legitime procreat̄ de praedict ' S. hered ' suis in Socagio per fidelitarem tantū pro omnibus seruitijs demandis que ad praedict ' tenementa pertinēt imperpetuum Et si contingat quod idem W. obierit sine hered ' de corpor̄ suo legitime procreat̄ tunc post decessum ipsius W. ten̄ta praedict ' cum pertinentijs integre remane bunt I. S. Auo praedict ' W. et hered ' de corpore ipsius I. legitime procreat̄ Tenenđ vt antea Et si nullus heres de corpore ipsius l. fuer̄ legitime proc ' tunc praedict ' ten̄ta cum pertinen̄ integre reuertent ad praedict ' S.
heredes suos quietÌ„ de al' hered ' praedictorum W. I. Tenend ' de capital ' c. Et praeterea praedictus S. heredes sui warrantÌ„ praedictÌ„ W. et hered ' de corpore suo legitime procreatÌ„ et praedicto I. hered ' de corpore suo legitime procreatÌ„ si idem W. obierit sine hereÄ‘ de corpore suo legitime procreatÌ„ praed ' tenemÌ„ta cum pertinÌ„ sicut dictum est contra omnes homines imperpetuum Et pro hac c. A graunt of 16 acres of moore in general taile to be holden of the grantor by Knights seruice by suit of court twise a yere and vi s rent Essex ss PRaec ' I. G. genÌ„ quod tenÌ„ P. I. conÌ„ de sexdecim acrÌ„ more Sect ' 86. cum pertinÌ„ in K. Et nisi c. ¶ Et est concordia talis scz qd ' pÌ„d ' l. concessit praef P. tenÌ„ta praed ' cuÌ„ pertnÌ„ ill ' ei reddidit in eadem curia Habend ' et tenend ' tenementa praedictÌ„ cum pertinentijs prefatÌ„ P. et heredibâ—s de corpore suo legitime procreatÌ„ TenenÄ‘ de dicto I. et heredibus suis per seruitium militare sect ' curiae suae apud K. bis per annum ac reddend ' annuatim praefato I. et heredibus suis sex solid ' c. ad festa c. per equales porciones annuatim imperpetuum soluend ' Et praedict ' I. warrantÌ„ tenementa praedicta cum pertinentijs praefato P. et heredibus de corpore suo legitime procrÌ„ sicut dictum est contra praedictnm I. et heredes suos imperpetuum Et pro hac c. A Fine sur Releas of Knights seruice Castel gard and murage vpon a writ of Customes and seruices for a summe of money paied sauing all other seruices made by consent of the King HEc est finalis coÌ„cordia facta in curia domini Regis apud WestmonasterÌ„ Sect ' 87. a die sancti Michaelis in xv dies Anno regni regis H. filij regis l. quinquagesimo primÌ„ coram G. de P. et R. de M. Iustic ' et alijs domini â—egis fidelibus tunâ—ibi presentibus inter W. de P. querÌ„ er H. B deforc ' de consuetudinibus et seruitijs que idem W. exigerat de praedicto H. de libero tenÌ„to suo quod de praeÄ‘ VV. tenet in VV. VV. scz de vnofeodo Militis dimid ' cum pertinenÌ„ Et vnde idem VV. exigebat de praedicto H. quod faceret ei ad warduÌ„ Castri de B. quando eueneriâ— ad muragium eiusdem castri cum necesse esset quantum ad praedictum tenementum pertinet Que seruitia idem H. ei non cognouit Et vnde placitum inter eos in eadem curia summonitÌ„ fuit scilicet quod pÌ„dict ' W. concessit pro se heredibus suis quod praed ' H. hered ' sui eorum tenentÌ„ de honore de B. sint quietÌ„ de praedict ' seruitijs inperpetuum Saluis eideÌ„ W. hered ' suis omnibus alijs seruic ' ad praedict ' tenementÌ„ pertinÌ„ Et pro hac concessione fine concordia idem H. dedit praed ' W. decem octo marcas argentÌ„ Et hec concordia facta fuit ex assensu voluntate eiusdem domini Regis eam concedentis This old fine is in Dyer fol. 179. pla 46. A Fine of a Manor in possession and other lands in reuersion SalopÌ„ ss PRaec ' W. B. quod tenÌ„ F. R. conuenc ' de manerio de R. cuÌ„ Sect ' 88. pertinenÌ„ c. ¶ Et est concordia talis scilicet quod praedictus W. recognÌ„ manerium tenementa praedict ' cum pertinentijs esse ius ipsius F. de quibus idem F. habet praedict ' manerium cum pertinÌ„ duo mess c. cum ptinÌ„ in R. praedict ' parcell ' tenÌ„torÌ„ praedictorÌ„ de dono praedicti W. Et ill ' remis c. Et concessit prose hered ' suis quod duo mess cum ê‘tinÌ„ in R. praed ' residua tenÌ„torum praedictorÌ„ que A. B. vidua tenet ad terminuÌ„ vite sue de hereditatÌ„ c. post decessum ipsius A. integre remanÌ„ praefatÌ„ F. R. hered ' suis Tenend ' simul cum praedicto manerio tenementÌ„ parcel ' que ei per finem istum remanÌ„ de capitalibus dominis c. Et pÌ„dict ' W. B. hered ' sui warrantÌ„ praef F. hered ' suis praedicta manÌ„ia tenÌ„ta cum pertinentijs sicut dictum est contra omnes homines imperpetuum Et pro hac c. A Fine by the husband and his wife of manors messuages c. of the adnowson of a Church of rent part in possession and part in reuersion with a render againe to the cognisor and his wife for theirliues without impeachment of wast and after to the heires of the bodies of the conusors and for default of such issue to the heires of the body of the wife of the conu or and for default of such issue then to the right heires of T. the cognisor for euer Midd. ss PRaecipe T. M. arÌ„ M. vxori eius quod iuste c. tenÌ„ Sect ' 89. c. A. S. armig ' conuenc ' de manerio de W. iuxta Y. W. in G. S. cuÌ„ pertinentijs Ac de CCC li. mess c. Necnon de aduocatione ecclesie W. in G. in comitatÌ„ predicto Et de manerio de D. cum pertinentijs Ac de x. mess c. vij s. viij d. ob redd ' cum pertinÌ„ in D. in comÌ„ G. Ac de manerio de S. C. cum pertinÌ„ Acde sex mess c. cum perrinÌ„ in S. C. V. in comÌ„ D. ¶ Et est concordia talis scilicet quod pÌ„dicti T. M. recognÌ„ maneria tenemeÌ„ta redditÌ„ pÌ„dict ' cum ê‘tinentijs Ac Aduocationem praed esseius ipsius A. de quibus ideÌ„ A. habet praedicta maneria de W. iuxta Y. W in D. c. AcaduocationÌ„ praedict ' in praed ' comÌ„ S. Ac praed ' manerium de South C. cum ê‘tinentijs Ac praedict ' tenementa cum pertinenÌ„ in South C. V. praedict in praed ' comÌ„ D. parcell ' manerÌ„ tenementÌ„ redditÌ„ praedictorÌ„ de dono praedict ' T. M. Et ill ' remis c. Et concesserÌ„ pro se haeredibus ipsius M. qÄ‘ praedictuÌ„ manerium de S. praedict ' in praedicto comitatu S. ✿ Ac etiam praedictuÌ„ manerium de D. cum pertinentijs in praedicto comÌ„ C. residuum maneriorum tenementÌ„ redditÌ„ praedictorum quae F. S. armig ' E. vxor eius tenent ad terminum vitae ipsius E. de haereditate praedict ' M. die quo haec concordia facta fuit Et quae post decessum ipsius E. ad praedict ' T. M. haeredes ipsius M. debuerÌ„ reuertere post decessum ipsius E. integre remanebunt
F. haered ' de corporibus suis legitime procreatÌ„ ac etiam rectis haeredibus ipsius W. si praedicti W. et F. obierÌ„ sine haeered ' de corporibus suis legitime procreatis octo librÌ„ nomine penae ✿ Et sic qualibet septimana post pÌ„dictas quinque septimanas octo librÌ„ quoties praedict ' annualis redditÌ„ nonaginta librÌ„ aretro foret quod tunc toties bene liceret praedict ' W. F. haered ' de corporibus suis legitime procreatÌ„ ac etiam rectis haeredibus ipsius W. si ijdem W. F. obierÌ„ sine haered ' de corporibus suis legitime procreatÌ„ in praedict ' maneria tenementa cum pertinentijs intrare distringere districtionesque sic ibidem captÌ„ habitas abducere asportare effugare ac penes se retinere quousque tam de praedicto annual ' redditÌ„ nonaginta librÌ„ cum arreragijs eiusdem si quae fuerint quam de praedict ' octo librÌ„ vt praefertur no mine penae forisfact ' post praedict ' quinque septimanas pro octo librÌ„ pro qualibet septimana post praedict ' quinque septimanas vt praefertur eisdem plene fuerit satisfact ' persolutÌ„ c. A Fine wherein an Annuitie is graunted out of fiue acres of land to one in fee with a clause of distres for default of paiment of the same Annuitie Essex ss PRaecipe T. S. de C. armig ' A. vxori eius quod tenÌ„ Sect. 99. W. D. conuenc ' de quinque acrÌ„ terrae cum pertinentijs in E. c. ¶ Et est concordia talis scilicet quod praedict ' T. A. recognouerunt tenementa praedict ' cum pertineÌ„tijs esse ius ipsius W. vt illa quae idem W. habet de bono pÌ„dictorium T. a. Et ill ' remiserÌ„ quietÌ„ clamauerÌ„ de se haeredibus suis praefato W. haered ' suis imperpetuum Et prâ—terea praedict ' T. A. concess prose haered ' ipsius T. quod ipsi warrantÌ„ praef W. haered ' suis tenementa praedict ' cum pertinentijs contra omnes homines imperpetuuÌ„ Et pro hac c. pÌ„dictus W. concessit praefato T. quandam annuitatem siue annualem redditum xx s. legalis monetae Angliae exeuntÌ„ exiturÌ„ de ex tenemeÌ„tis praedict ' cum pertinentijs Et ill ' ei reddidit in eadem curia Habend ' tenend ' percipiend ' pÌ„d ' annuitatem siue annualeÌ„ redditÌ„ xx s. praedict ' praefato T. haeredib ' suis ad festa S. Martini Episcopi in hyeme Pentecost ' per aequales portiones annuatim imperpetuum soluendum Et si ac quoties contingat praedict ' annuitatem siue annualem renditÌ„ xx s. praedict ' aretro fore in parte vel in toto post aliquod festum festorum praedictorum quo vt praefertur solui debeat non solutÌ„ per spacium quadraginta dierum quod tunc toties bene liceat licebit praefato T. et haerebidus suis in praedicta tenementa cum pertinentijs intrare distringere districtionesque sic ibidem captÌ„ licite asportare effugare abducere penes se retinere quousque de tota pÌ„dictÌ„ annuitate siue annual ' redditu viginti solid ' praedict ' vna cum arreragijs eiusdem si quae fuerint sibi sit plenarie satisfact ' persolutÌ„ c. A fine wherein an annuitie is graunted in fee out of 20. acres of land with suit of Court and Heriot after decease recease and alientation of any tenant with a clause of distres for default of payment South ss PRaecipe A. B. C. D. quod tenÌ„ F. G. connenc ' de vigintÌ„ Sect. 100. acâ— terrae c. ¶ Et est concordia talis scilicet quod praedict ' A. B. C. D. recognouerÌ„ tenementa praedict ' esse ius vt in fin ' sur recognisance de droit Release Warrantie Et pro hac c. praedictus T. concessit pÌ„fatis A. B. et C. D. quandaÌ„ annuitatem siue annualem redditÌ„ xij d' legalis monetae Angliae exeuntÌ„ exiturÌ„ de eâ— tenementis pÌ„dictis cum pertinentijs Et ill ' eis reddidit in eadem curia Habend ' percipiend ' praedictam annuitatem siue annualem red ditÌ„ xij d' eisdem A. B. et C. D. haered ' ipsius A. ad festa Sancti Mich. archangeli AnnunciationÌ„ beatae Mariae virginis per aequales porciones annuatim soluend ' ✿ Ac etiam praedict ' F. concessit pro se haeredibus suis praefatis A. B. C. D. haered ' ipsius A. a d faciend ' sectam annuatim CurÌ„ praedictÌ„ A. B. C. D. haered ' ipsius A. apud manerium suum de C. bis in anno super licitam monitioneÌ„ inde pÌ„habiturÌ„ Tenend ' c. Ac soluend ' post decessum recessum alienationem tam pÌ„dicti F. haered ' suoruÌ„ quam cuiuslibet alterius tenentis existenÌ„ liberâ— tenentis tenÌ„torum pÌ„dictorÌ„ vel alicuius in de parcell ' optimuÌ„ animal ' cuiuslibet hmÌ„ di tenentÌ„ nomine HeriotÌ„ ✿ Et si contingat praedictam annuitatem siue annualem redditÌ„ aretro fore in parte vel in toto post aliquod festum festorum praedictorum quo vt praefertur solui debeat non solutÌ„ aut sect ' curÌ„ pÌ„dictÌ„ non fieri siue heriotÌ„ praedictÌ„ cum acciderit non solui aut deliberarÌ„ qÄ‘ tunc bene licebit praedictÌ„ A. B. C. D. ac haered ' ipsius A. in tenÌ„ta pÌ„dicta cum pertinenÌ„ intrare distringere districtionesque sic ibideÌ„ captÌ„ licite abducere asportare penes se retineee donec quousque tam de praedicta annuitate siue annual ' redd ' xij d' vna cum arreragijs eiusdem si quae fuerÌ„ quam de sect ' CurÌ„ HeriotÌ„ praedict ' aretro existenÌ„ eisdem A. B. C. D. haered ' ipsius A. plenarie fuerÌ„ solutÌ„ contentÌ„ satisfact ' c. A fine wherein an Annutie is graunted out of a manor messuages and rent in fee payable at a certaine day houre and place with a forfaiture Nomine penae for the default to payment of the Annuitie and paine Warw. ss PRaecipe A. B. armig ' quod tenÌ„ C. D. conuenc ' de manerio Sect. 101. de L. cum pertinentijs Necnon de quatuor mesuag ' decem solidis redditÌ„ cum pertinentâ—â—s in L. praedictÌ„ c. ¶ Et est concordia talis scilicet quod praedictÌ„ A. B. recognouit ve in fine sur recognisance de droit Et pro hac c. idem C. concessit praefato A. quandam annuitateÌ„ siue annualem redditum vij librÌ„ legalis monetae Angliae exeunrÌ„ exiturÌ„ de et in manerio tenementis praedictis cum pertineÌ„tijs Et ill ' ei reddidit in eadem curia Habend ' percipiend ' praedictaÌ„ annuitatem siue annualem redditum vij li.
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
manerijs praedictis ad finem inde inter eos secundum legem consuetudinem regni nostri Angliae leuand ' vt accepimus Vobis mandamus quod finem illum inter partes praedictas de manerijs praedictis coram vobis in eodem banco leuari permittatis iuxta tenorem literarum nostraruÌ„ praedictarum Teste c. But before 20. H. 3. the kings tenant in Capite might haue aliened his free landes without licence 14. H. 4. 3. 20. Ass plac 17. as it seemeth The writ of Ad quod damnum BVt before the graunting of any such lycence either to alien lands Sect. 151. holden in chiefe or to alien lands in Mortmain or release right in Mortmain or exchange the auncient vse was to haue a writ of Ad quod dampnum conteyning the substance of the Kings licence out of the Chancery directed to the Escheator in the County wherein the lands lie to be aliened to inquire and certifie into the Chancery what damage or preiudice thalienation thereof will be to the king or the other chiefe Lord of whom they are holden And of what tenure and value the lands be And whether there remayne sufficient free land besides those to the alienor to sustaine publique charges and to be in Assiâ—es and Iuries c. And this is aswell where the alienation is made by the king or by a Corporation or a feme couert as by any other The like inquirie by writ of Ad quod damnum hath beene vsed before the king made any graunt or pardon for alienation lease release confirmation or licence and after the Inquisition returned and certified into the Chancery to effect the same accordingly Fitzh Nat. bre fol. â—21 inde vsque fol. 227. But now experience is to the contrarie in liew whereof the vse at this day is to put in the kings patents these words Absque aliquo breui de ad quod damnum seu aliquibus alijs breuibus seu mandatis superinde habendis fiendis aut prosequendis And one writ of Ad quod damâ—um will serue for diuers purchases And a licence to alien in Mortmain of one king will serue in the time of an other But not so of lands holden in chiefe 22. E. 3. Fitzh Nat. bre in breui de Ad quod damnum I purposely omit here the forme of such writs de Ad quod damnum because they be so growen out of vse Of a Pardon for Alienation BVt if perchance any alienation of land holden in Capite be made Sect. 152. without licence a pardon must be sued the fine of which is the value of lands by one yeare and the meane profites betweene the Inquisition A fine of pardon and the pardon 31. H. 8. Br. Alienation 29. vnlesse the Commissioners will more fauorably compound for the same as in some cases vpon reasonable cause shewed they vse to do which pardon being purchased the purchasor is to hold his land still 14. H. 6. 26. 50. Ass p. 2. 1. E. 3. ca. 12. 34. E. 3. ca. 15. But the fine of a licence to alien lands holden in Capite is the third Fine of a licence part of the yearely value thereof 26. H. 8. Br. Alienation 29. But if alienation of lands into Mortmain be made without licence Mortmain the king may seise them as forfeited or escheated Magna charta cap. 36. WestmÌ„ 2. cap. 32. And for a licence thereof to be graunted the fine thereupon to be paied is the value of the land by three yeares 26. H. 8. Br. Alienation 29. But variance betweene the licence and the fine is not materiall if it Variance be all one alienation 32. H. 8. Br. Alienation 30. And it seemeth that a fine sur releas or other releas is none alienation Releas therefore no fine due for the same P. 37. H. 8. Br. Alienation 31. But fines are payable and licences to be sued vpon common Recoueries Recoueries 39. H. 6. 32. H. 8. ca. 1. 4. E. 3. Deuise by will is an alienation 3. Ma. 1. Br. Alienation 37. Will. Of the Dedimus potestatem to take cognizance of a fine A Dedimus potestatem to take knowledge of a Fine is as aforesaid Sect. 153. a writ Commissionall directed to one or moe giuing them power to take and certifie to the Iustices of the common Place the cognizance of the Cognizees when they can not conueniently trauell to do it in Court and it ought to recite the substance of the writ of Conenant And beare Teste or date after it Fitz. nat fol. 146. g. The forme of the writ of CouenaÌ„t Dedimus potestateÌ„ with the returnes thereof ensue The writ of Couenant Elizabeth dei gratia Angliae Franciae Hiberniae Regina fidei defensor c. VicecomÌ„ EborÌ„ Salutem Praecipe T. B. armigero A. vxori eius quod iuste sine dilatione teneant W. P. generÌ„ conuentionem inter eosfactam de manerio de T. cum pertineÌ„tijs Ac de duobus messuagijs tribus cotagijs quinque toftis vno columbarÌ„ quinque gardâ—is quinque pomarijs centum decem acris terrae quinquaginta acris prati quinquaginta acris pasturae decem acris bosci ceÌ„tum acris iâ—mpnorum bruerÌ„ quadraginta solidatÌ„ redditÌ„ communia pasturae pro omnimodis animalibus cum pertinentijs in W. B. Et nisi fecerint praedictus W. fecerit te securum de clamore suo prosequend ' tunc summÌ„ per bonos summonitÌ„ praedictos T. A. quod sint coram Iusti ciarijs nostris apud WestmonasterÌ„ in octab Sancti Michaelis ostensuri quare non fecerint habeas ibi summÌ„ hoc breue T. c. xiij die N. anno regni nrÌ„i quadrages And the fine thereof is entred vnder the writ thus Pro vigintÌ„ solid ' solutÌ„ firmarÌ„ fine dominae Reginae virtute warrantÌ„ Fine regij Then must the writ of Couenant be endorced thus Per E. S. pro fine infrascr ' qÄ‘ affid ' quod Indorsement tenÌ„tÌ„ infrascrÌ„ non exec ' val ' x. librÌ„ per annum The Shirife returne Pledg ' de pros Iohannes Doo Richardus Roo SummÌ„ Iohannes Den. Richardus Fen. The Commiss of fines W. L. T. W. R. Eure armig Vic' The Dedimus potestatem thereof Elizabeth dei gratia Angliae Franciae Hiberniae Reg. fidei defensor c. Charissimo consanguinÌ„ nostro Gilberto Comiti SalopÌ„ ac pÌ„dicto ac fideli nrÌ„o I. D. militi dnÌ„o D. Necnon dilectis fidelibus suis G. S. militi C. C. militi Ac dilecto nobis W. West armig ' SaluteÌ„ Cum breue nostrÌ„ de conuentione pendeat coram Iustic ' nrÌ„is de banco inter W. P. generÌ„ T. B. armigerum Annam vxoreÌ„ eius de manerio de T. cum pertinenÌ„ Ac de duobus messuag ' trib ' cotagijs quinque toftÌ„ vno columbarÌ„ quinque gardinis quinque pomarijs centuÌ„ decem acris terrae quinquaginta
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
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
right And vnto those which haue future right such haue the same either wholly after the fine or partly before and partly after And some of them haue but one title and some diuerse And others haue no right to the tenements comprised in the fine but to some things therein or issuing out of the same Parties to fines void of impediments at the time of the leuying of Parties the same and their heires are thereby barred presently haue no time at all to auoid the same by entree or claime 1. R. 3. ca. 7. 4. H. 7. c. 24. whether they be persons hauing naturall capacities or ciuill If they be such ciuill bodies or corporations as haue in themselues absolute estate and authoritie of their possessions so as they may maintaine a writ of Right thereof as Maior and Comminaltie Deane and Chapter Colledges societies corporate such like their successors are barred by fines presently Plow 338. a. T. 20. Eliz. But Deanes Bishops Priors Abbots Masters of Hospitals Parsons Uicars Prebendaries Chauntrie Priestes and such like which may not haue a writ of Right but either a Iuris vtrum Fitzh Nat. fol. 48. r. or sine assensu capituli Fitz. Nat. fol. 118. i. are not barred by such fines if the patron and ordinarie ioine not with them Plow 538. a 20. Eliz. 375. b. 11. Eliz. How priuies in bloud are bound in fines ANd by the same statuts 1. R. 3. c. 7. 4. H. 7. c. 24. Priuies in bloud Sect. 182. Priuies as heires of the cognizours claiming by the same title that their ancester had that leuied the fine be barred presently thereby whether they be void of impedimēts or no. As if lands of Socage tenure be giuen to baron feme in special taile the remainder to the right heirs of the baron in fee the baron sole leuieth a fine with proclamatiō to his owne vse in fee after deuiseth the same lands to A. in fee hath issue then the baron feme die thissue in taile is barred because he can not otherwise conuey himselfe to the title and discent in taile then as heire of the bodie doth of his father and mother Tr. 18. Eliz. Dyerf 251. p. 24. 9. H. 8. Dier f. 3. p. 6. 32. H. 8. Br. Fines 109. So if husband wife tenants in speciall taile haue issue the wife Priuies die the husbād marrie an other wife haue issue leuie a fine sur cognizance de droit come ceo c. and by the same fine take estate in special taile the remainder ouer c. die thissue by the first wife is barred because he is priuie in bloud the cōtinuance of the possession in the husband notwithstanding 32. E. 3. Dyer pla 16. Eliz. f. 334. p. 31. 32. But if my fathers brother disseise him and leuie a fine with proclamation my father and my vncle within fiue yeares after proclamatiō die yet may I auoid it by entre at any time before th end of the said fiue yeares not withstanding that I am priuie in bloud vnto mine vncle for that my title to the land groweth by my father and not as heire vnto mine vncle P. 19. H. 8. Dyer fol. 3. p. 2. Neuerthelesse if my father disseise my graund father of an estate in Priuies fee and thereof leuie a fine with proclamation first my graundfather and then my father die I am now barred as priuie because I cannot otherwise conuey my selfe to the lands then as their vnto my father the Cognizor P. 19. H. 8. Dyer fol. 3. p. 3. Of Estraungers hauing present right and no impediment BUt Estraungers to fines which be all persons not parties nor priuies Sect. 183. and being void of impediments naturall legall hauing present right to the lands in the fine haue onely fiue yeares after proclamations to enter claime their right 1. R. 3. ca. 7. 4. H. 7. ca. 24. As if one haue a Remainder or a Reuersion depending vpon an Tenant in remainder or reuersion vpon estate for yeares or at will estate for yeares or by statute Staple statute Marchant or Elegit and the termor be disseised and a fine leuied c. and fiue yeares passed they be all barred thereby for that these Termors might presently haue entred he in the Reuersiō or Remainder for such disseisin might haue had an Assise So that Statute 4. H. 7. ca. 24. seemeth to barre the termors through negligence by this woord interest which comprehendeth a terme Plow fol. 374. a. And if a tenant in taile be disseised and a fine leuied with proclamation and fiue yeares past and the tenant in taile dieth thissue in tayle is bound for euer per Dyer and Catlyn for the right was present to the tenant in taile at the time of the fine leuied and he can not claime but by the same title which his father had which was barred in his life time Plow fol. 374. a. Dyer fol. 3. p. 6. 19. H. 8. 7. The like it is of the laches of him in the remainder or reuersion for it barreth him and his heires Plow fol 374. a. Dyer fo 3. p. 6. Of Estrangers hauing present Right and impediments BUt estraungers to fines pestered with impediments of Infancy Sect. 184. couerture madnes ideocy lunacy imprisonment or absence out of the Realme at the leuying of fines and hauing then present right or interest haue yet libertie fiue yeares after such infirmitie remoued to make entrie or claime c. 1. R. 3. ca. 7. 4. H. 7. ca. 24. And therfore an Infant hath fiue yeares after he accomplish his full Infants age though he be in his mothers wōbe Plow 367. a. because the law intendeth that Infants by reason of their tender yeres do want vnderstanding to know their right whether their entries be lawfull or no And how to make their entries and claime or bring their actions according to their title Plow fol. 359. b. 4. H. 7. ca. 24. Yet if my fathers brother disseise him and leauie a fine with proclamation and a yeare after the proclamation my father dieth And after and within fiue yeares my vutle dieth I by reason of mine Infancy haue onely so much time to auoid the same as at the death of my father remained to come of the fiue yeares next after the proclamation not new fiue yeares because I claime by the same title that my father had in whom the first fiue yeares were attached and begun Dyer fol. 3. p. 2. In like maner and for the same reason if the father or other auncester be disseised and the disseisor leuie a fine with proclamation and within fiue yeares after the proclamation the auncester dieth his heire being within age yet if he make not his entrie or claime within the first fiue yeares after the proclamation he is barred Plow fol. 367. b. 377. a. As it is there adiudged Mad men and lunatiques estrangers
respondend ' W. R. de placito quod warrÌ„ ei octo mesuag ' sex gardina tria pomarÌ„ quatuor acrÌ„ terrÌ„ sex acr ' prati duas acrÌ„ pasture cum pertinentÌ„ in B. B. quae tenet de eo tenere clamat vnde cartaÌ„ sâ—am habet c. Et vnde idem W. per W. C. atturn ' suum dic ' qd ' praed ' E. nuper fuit seisitus de tenementis praed ' cum ê‘tin ' in dominico vt de feodo sic inde seisitus existens idem F. 19. die S. anno Regni dnÌ„ae Reginae nunc 25. apud B. praed ' per quandam cartam suam quaÌ„ idem W. R. sigillo pÌ„d ' F. signatÌ„ hic in curÌ„ ê“fert cuius datÌ„ est eisdeÌ„ die anno dedit concessit teâ— praed ' cum pertinentÌ„ praef W. R. habend ' sibi herÌ„ suis impepetuum vlterius pÌ„d ' F. per. cartam praed ' tenementÌ„ pÌ„d ' cum pertinentÌ„ eidem W. hered ' suis coÌ„tra omneshomines warranÌ„ prout per cartamâ—llam plen ' apparet virtute quorum quidem don ' coÌ„cessionis idem W. fuit adhuc est scisitÌ„ deten ' praed ' cum pertinentÌ„ in dominico suo vt defeodo Et sic inde seisitÌ„ existentÌ„ quidam D. D. arrain ' versus ipsum W. quandam assisam noue disseisiâ—e de praed ' tenementÌ„ cum ê‘tinentÌ„ coram I. C. vno baronÌ„ ScaccarÌ„ dnÌ„ae Reginae et F. R. vno seruien ' ipsius dnÌ„ae Reginae ad legem Iustic ' eiusd ' dominae Reginae ad assisas in comÌ„ praed ' capiend ' assign ' per formam statuti c. per qd ' idem W. R. pendente assisa illa sepâ—us requisiuit praef F. quod ipse praed ' tenementÌ„ cum pertinentÌ„ eidem W. warrÌ„ idem F. ten ' illa cum pertinentÌ„ eidem W. hucusque warrÌ„ contradixit adhuc contradicit vnde dic ' quod deteriorat est damnum habet ad valentiam centum librarum inde produc ' sectam c. SYMBOLEOGRAPHY Of Recoueries for Assurances c. called common or feigned Recoueries IN euery Recouerie are to be regarded the demandant Sectio 1. the tenant of the land the vouchee as the efficient causes thereof The land demaunded as the matter which must as certeinly be set downe in writs of Entre as in writs of Couenant whereupon fines are leuied The end and effect of such recoueries is to discontinue and distroy estates tailes remainders and reuersions and baire the former owners thereof The Demaundant is he that bringeth the writ of Entre and may be termed the Recouerer The Tenant is he against whom the writ is brought and may be termed the Recoueree The Vouchee is he whom the tenaÌ„t voucheth or calleth to warranty for the land in demaund And such persons may be demaundants tenants and vouchees in these recoueries as may be Cognizors and Cognizees in writs of Couenant and by such names Mutatis mutandis Sauing that if any recouery be had against any tenant in taile the reuersion or remainder being in the Queene of the gift of the Queene or of any of her Maiesties progenitors kings of England such recouerie will neither barre the issue in taile of his Entre nor discontinue his estate nor pluck such reuersion or remainder out of her Maiestie 34. H. 8. cap. 20. Quaere tamen si tiel recouerie barre lissue in taile during the continuance of the estate taile Dyer fol. 132. pla 1. Item before such persons by such meanes and in such maner may warrants of Attorney bee knowledged and certified as fines knowledged in the Countrie sauing that the recognizance of warrants of Attorney may be taken by any Iustice or Seriant without a writ of Dedimus potestatem And fines must be paied vpon writs of Entre as vpon writs of Couenant And all such writs of Entre must be signed by the Queenes Atturney before they can be sealed In a Recouerie with double voucher the fine must bt sued first to make him tenant at the time of the writ of Entre brought for euery writ of Entre must alwaies be brought against him that is tenaÌ„t of the freehold of the land demauÌ„ded at the time of the writ brought 18. R. 2. and Dyer fol. 252. pla 98. for that that the estate of the tenant in taile which is vouchee is barred in respect of the assets only which is or may be recouered in value Plow Basset vers Manxel fol. 11. a and of execution sued by the tenant against him And if the tenant haue but an estate for life or in dower or by the curtesie then to haue a good recouerie thereof it is meete that such tenant make a conditional Surrender of his estate to him in the reuersion or remainder to the end he may be a perfect tenant of the inheritance and then to bring the writ of Entre against him And after that the recouery is executed the particuler tenant for breach of the condition may enter and inioy his terme notwithstanding such surrender See the like Surrender in the Chapter of Surrenders in the first part of Symboleography Of what thinges writs of Entre may be brought and by what names PRaecipe quod reddat lyeth de vna acra terre aqua cooperta vel de Sect 2. acra terre 12. H. 7. fol. 4. de gurgite 10. E. 3. 14. Ed. 3. 842. Fitz. nat bre fol. 191. h. Et de passagio vltra a quam Fitz. nat br fo 191. i. de balliua 34. Ed. 3. 423. de officio 27. H. 8. fo 12. de aduocationÌ„ ecclesie aut de quarta ê‘te decimarÌ„ 34. Edw. 3. deporcione decimarum Dyer fol. 84. pla 83. de quadam parcella terre Dyer fol. 84. pla 83. de custod ' terre haered ' siue custod ' terre Register 161. 22. Edw. 3. fol. 19. Praecipe quod reddat lyeth of all maner of Ecclesiastical or Spirituall profits vt de Rectoria Vicaria porcionibus pencionbus decimis c. per statutÌ„ 32. H. 8. cap. 7. de omnibus omnimodis decimis maioriê° mixtis minutis infra villam siue hamletÌ„ de B. in parochia de A. quoquo modo crescenc ' contingenÌ„ ac annuatim renouanÌ„ c. Thel lib. 8. cap. 9. S. 2. de quarta parte decimaruÌ„ oblationum ecclesie sanct ' P. c. 16. Ed. 3. de quadam porcione decimarum or terre not shewing how much 1. H. 4. fo 1. Dyer fol. 84. pla 83. 84. 85. and 86. In old time de hida terre per Glanuile de caruca terre 4. E. 3. 161. de bouatÌ„ terre 6. Ed. 3. 291. de sex pedibus terre in longitudine quatuor pedibus in latitud ' 14. Ass 13. A Praecipe quod reddat lieth detofro situ molendini 14. Ed. 3. de hundredo de C. balliuato de B. 34. Ed. 1. 3. E. 3. de pasturÌ„ ad sex boues
of witnesses betweene the said parties I. L. of A. in the Countie of E. Laborer of the age of xlvi yeares or there abouts sworne and examined deposeth and saieth vpon his Oath as followeth Item to the first Interrogatorie he deposeth and sayth that c. As the matter is c. And so vpon the rest of the Interrogatories The direction of the Commission being executed Illustrissime dominae nostrae Elizabethae Reginae in CancellarÌ„ sua Of Publication Hearing and Breuiates and after that then this Certific ' dexpositionÌ„ testium ex parte A. B. C. D. AFter that the Witnesses be so examined in the Court or by commission Sect 20. as is aforesaid Publication is to be had and thereupon a day of hearing is to be procured Against which time Breuiats must de made of the effect of the pleadings depositions other proues euidence the counsel perfectly instructed of the whole state of the matter a Subpena to heare iudgement Subpena ad audiend ' Iudicium made and deliuered to the partie in conuenient time before the said day of hearing At which time albeit that vpon the hearing the matter be dismissed yet may the parties haue the depositions of their witnesses exemplified vnder the great seale of England Exemplification of the depositions for the furtherance and maintenance of their rights and titles at and by the common Law But if the matter be directed for the Compl after the decree past and enrolled he may haue a writ de Executione iudicij A writ de executione iudicij Contempt which must be serued vpon the defendant And if he refuse to satisfie the same then vpon oath made thereof processe or contempt is to issue against him in forme aforesaid And if such decree be in a suit for lands and the defendant abide all the said processe of contempt and stil deteine the possession of the lands from the plaintife contrary to the said decree then vpon mocion thereof made in the Court a commission is vsually Comission to put the plaintiâ— in possession graunted to the Shirife and some others neere adioyning to the landes in question to put the plaintife in possession and to keepe him in possession according to the said decree A Commission to the sherife to put and keepe the plaintife in possession according to an order there in taken vntilla cause then depending in suit be heard and determined REgina c. vic' Kanc ' salutem Cum per ordinationem captÌ„ in Cancell ' Sect ' 46. nostra 3. die Iulij vltimo preterito intÌ„ W. A. querenÌ„ W. Y. alijs defendentÌ„ ordinatÌ„ fuit quod praed ' W. A. assignatÌ„ sui pacifice quiete iaberent gauderent occuparent vnum messuagium siue tenementÌ„ cum ê‘tinÌ„ IacenÌ„ existenÌ„ in E. R. in comÌ„ praedict ' inter partes praed ' in Cancell ' praed ' in controuersia pendentÌ„ indecisa absque vexatione molestatione siue interruptione praedict ' W. Y. siue aliquarum personarum sub titulo interesse IurÌ„ vel procuratione suis donec materiâ— inter partes praed ' in curia nostra praed ' finaliter determinetur Et quia iam ex testimonio fidedignorum accepimus quod diuerse aliegine ignote inhabitanÌ„ extra comitÌ„ Kanc ' per procurationem praedictoâ— defendentÌ„ vt asseritur possessionem messuag ' tenÌ„tÌ„ praedict ' cum pertinÌ„ vi armis ac manufortitenen tin defraudationÌ„ contemptum ordinis praedict ' ac ipsum W. A. assignatÌ„ suos extra possessionem messuag ' tenÌ„ praedict ' custodiunt contra formam effectum ordinis praedict ' tibi igitur precipimus quod immediate post receptionem huius breuis assumptis tecum sufficientÌ„ potestatem comitatÌ„ nostrae Kanc ' praedict ' in propria persona tua ad messuagium siuetenÌ„tum praedictum accedas attachiari arrestarifacias quascuÌ„que ê‘sonas ibidem inueneris possess messuag ' tenÌ„tÌ„ siue terrÌ„ praedict ' siue alicuius parcell ' tenentes eos eorum quemlibet de die in diem ducifacias vsque prisonam nostram de Fleete gardino nostro ibid ' liberanduÌ„ ibidem moratur quousque de eorum deliberationÌ„ aliter duximus ordinandum Ac vlterius tibi precipimus firmiter iniungendo quod inde praed ' W. A. assignatÌ„ suos in pacifica quieta possessionÌ„ eiusdeÌ„ de tempore in tempus manuteneas donecaliter inde a nobis habueris specialiter in mandatis Et quid inde feceris sciri facias CancellarÌ„ nostro Teste c. A Cerciorare to Commissioners to certifie the depositions taken by Commission REgina c. dilectis sibi A. B. C. D. genÌ„ salutem Volentes certis Sect ' 47. de causis Cerciorari super quasdam depositiones testium in t ' H. G. querentÌ„ C. D. defend ' per vos tres vel duos vrÌ„um virtute breuis nostri de Commissione vobis in ea parte directÌ„ capt ' adhuc penes vos residenÌ„ vt est dictum vobis mandamus quod depositiones praed ' cum omnibus eas taÌ„genÌ„ adeo plene integre prout coram vobis captÌ„ fuerÌ„ nobis in Cancell ' nostram in quindena Paschae prox ' futurÌ„ vbicunque tuÌ„c sub sigillis vestris trium vel duorum vestruÌ„ distincte aperte mittatis hoc breue Teste c. Of a Commission to examine witnesses in perpetual memory FIrst the plaintife must exhibite his bill and thereby shew his title to Sect ' 48. the land lease or such like matter that he hath right vnto And that the witnesses which can prooue his title are aged and not like long to liue whereby he may be in daunger of the losse of the thing in question And therefore to pray to haue a Commission directed to certeine Gentlemen of credite and worship for the examination of the said witnesses And also to pray proces of Subpena against him her or them to shew cause if he or they can why the plaintife should not examine his witnesses as aforesaid The forme of which Processe ensueth in haec verba Elizabeth dei gratia Angliae Franciae HibernÌ„ Regina fidei defensorÌ„ c. I. S. salutem Cum A. B. exhibuit coram nobis in Cancellaria nostra quandam petitionem vt quidam testes in perpetuam rei memoriam versus te examinarentÌ„ ne id tibi in preiudicium cederet Tibi praecipimus firmiter iniun gentes quod omnibê° alijs praetermissis excusatione qua cunque cessante in propria persona tua vel per tuum AtturnatuÌ„ aut deputatum sis coram nobis in dicta Cancellaria nostra infâ— quatuordecim dies immediate post receptionem huius breuissi tibi ita visum fuerit vt dicti testes aut alij quicunque ex parte tua ibidem similitÌ„ examinarÌ„ possint si ita velis vel vt ostendas proponas vel ostendi
and place appointed where this defendant was present with his commissioners and witnesses and one of the said complainants commissioners was in the towne where the place was appointed the same day and time readie to haue executed the said commission if the said complainant would haue spoken to him therefore as this defendant was credibly informed and the said complainant was there present at the same time and place and did or might haue spoken with him that was named commissioner for him who had a dwelling house in the same towne being the towne of M. in the same Countie and then and there the deponents vpon this defendantes behalfe were sworne and examined by and before these defendants then commissioners and some of them sworne in the presence of the said complainant And thereupon the depositions and examinations of the witnesses so sworne were by these defendants then commissioners caused to be ingrossed in parchment and certified into this honorable court and afterwards published and after publication this defendant staied without doing any thing therein by the space of two termes or thereabouts during which time the said complainant did or said nothing at all in the said court touching the said suit that this defendant euer heard of And then this def caused the said depositions to be exemplefied vnder the great seale of Eng. to his great charges which he hath readie to shew to this H. Court And the said complainant being not contented with these causels vexations of this defendant Anone after that this complainant had obtained the said commission the said coÌ„plainant for this defendants further vexation commenced suit against this defendant in the ecclesiasticall court of the Archb. of Yorke within whose dioces the same lands and tenements in N. in the bill mentioned be where the said father of this complainant and defendant died vpon surmised matters touching the supposed will mentioned in the said bill whereupon this defendant to his great charges appeared answered as behoued for the time by himselfe his procter as is there vsual whith suit the said complainant relinquished also as this defendant thinketh for he hath heard nothing therof these xii moneths and more And now the said complainant meaning nothing else but this defendants trouble molestation hath renued the said suit in this H. Court againe which before he had in the same court by the said first bill conteining the same matters in effect almost word for word as in the same bill is mentioned whereunto this defendant hath alreadie answered as appeareth by the same answere remaining of record here in this court and the same proceeded vpon both as afore is said wherefore this defendant for the causes aforesaid and for the said double vexation in this honorable court by two bils conteining in effect but one matter in substance demurreth in law and praieth that he this defendant may be dismissed out of this honorable court with his reasonable costes and charges in this suit wrongfully sustained A Bill for not surrendring a lease made by the Plaintife to the defendant in trust to trie a title and for occupying and wasting the tenth demâ—sed and for deteining of writings of copyhold lands contrarie to their agreement HVmbly complaining sheweth vnto your H. Lordship your daily Sect ' 77. Orator I. K. of W. in the Countie of Y. yeoman that whereas about 40. yeeres now last past one W. M. yeoman was lawfully seased in his demesne as of fee of in one mesuage with thappurtenances in E. in the County of M. and of in diuers lands tenements meadowes pastures hereditaments therunto belonging being freehold land in E aforesaid H. in the said conâ—ty of N. and he being there of such estate so seazed about the first yeere of the raigne of the Q. Maiesty that now is by his last will and testament in writing made written in the life time of the said W. M. did giue bequeath the same to one E. then his wife now wife vnto your said Orator for the time of her natural life the remainder thereof after her decease to one R. M. as by the said will appeareth and afterward the said W. M. died of such his estate thereof so as is foresaid seised by force of which wil and deuice the said E. by and after his death entred into the said mesuage or tenements was thereof lawfully seased in her demesne as of freehold for the terme of her life the remainder thereof after her decease to the said R. M. in forme aforesaid belonging also whereas the said W. M. was in his liâ—â— also seased of or in certain copihold or customary lands lying being within the manor of S. in the said county of N. and holden of the said manor by copy of the court rolles of the same manor in his demesne as of fee according to the custome of the saidmanor and he being thereof so seazed died therof so seazed by after whose death the said E. his wife was endoments of the third part of the said copihold or customary lands and tenements and according to the custome of the said manor admitted therof tenant by the Steward of the Court of the said manor accordingly by force wherof she likewise entred into the third part of the said customary tenements and premisses and was therof likewise seazed in her demesne as of freehold as tenant in dower therof for the terme of her life naturall according to the said oustome and quietly and peacably occupied and enioyed the same vntil about ten yeares now last past Now that your said Orator through importunancy and earnest perswasions of some friends of the said I. T. and A. L. was contented in some maner to yeeld vnto their suit and therupon for the furtherance and triall of the title and interest of the said I. T. about the fourteenth day of I. in the 26. yeare of the Queens Maiesties raign that now is without any fine income or other coÌ„sideration to him paid but giuing credit vnto the speaches of the said I. T. and A. L. that they would seeke nothing at the hands of him your said Orator but onely vse the benefit of his present estate for the resisting of certaine vnlawfull suits attempts which were then offered as they then affirmed by the said R. and others did by this your said Orators Indenture of lease bearing date about the said time demise graunt and to farme let to the said I. T. and A. L. all the said freehold lands tenements and hereditaments with the appurtenances in E. and H. aforesaid to haue and to hold the said tenements and premisses with the appurtenances to the said I. T. and A. L. their executors and assignes from the feast of S. M. the Bishop in winter last past before the date of the said Indenture vnto the full end and terme of 21. yeeres thence next following and fully to be complete and ended if the
your said Orator the Queenes Maiesties most gratious writ of Subpena to be directed to the said R. L. c. A Bill for making false Affidauit for apparance IN most humble wise sheweth vnto your good Lordship your Lo. Orator Sect ' 101. M. F. of L. Gentleman That whereas vpon suite heretofore and yet depending in this honorable Court betweene your Lo. saide Orator then plaintife and one R. A. defendant in the said suit her Maiesties writ of Subpena was out of this said Court vnto the said R. A. directed commaunding him thereby at a certaine day therein limitted to appeare before your Lo. in the said Court and to answere to your L. said Orator in and touching the said suite Now so it is and it may please your good Lordship that the said R. A. not hauing any regard of her Maiesties said processe of Subpena so to him directed but seeking deceiptfully and fraudulently to neglect and disobey the same procured one E. B. his seruant a very lewde person and fit minister for such a purpose to come vnto this honorable Court of Chancery and there most corruptly falsely and periuriously to swere and depose vpon the holy Euangelist that the said R. A. at that time was lame and not able to trauell to this Court without great danger aâ— his health for that the paines of his lamenesse was such that he was perswaded by his friends to goe to the Bath being thirtie miles distant from his dwelling house or thereabouts and that he was gone to the said place with much a doe and there remained at the taking of his saide Oath wherein the said E. B. by the meanes subornation and procurement of the said R. A. hath most wickedly committed most willfull and corrupt periurie Forasmuch as the said R. A. was at that time in very good and perfect health ability and soundnesse of bodie without any manner of lamenesse or debilitie so as he might haue verie well trauelled without hurt or daunger of his health and was at that time at C. in the County of L. and not at Bath as the said E. B. in his said deposition most vntruely deposed May it therefore please your good Lordship c. A Bill to be relieued of an Obligation with condition for that the money was paide accordingly IN most humble wise complaining sheweth vnto your good Lordshippe Sect. 102. your daily Orator N. K. of F. in the Councie of D. husbandman and I. B of A. in the same Countie husbandman That where one N. B. of F. in the Countie of S. Gentleman hauing neede to vse and borrowe money for his necessarie vse entreated your saide Orator to borrow of one M. E. of A. in the said Countie of D. widow the summe of xx l which your said Orator did according to the request of the said N. And for the repayment therof to the said M. your said Orator became bound to her the said M. by obligation in the summe of fortie pounds with condition for the payment of the said twentie pound at a day now past which twentie pounds he the said N. hath well and truely contented satisfied and paid to the said M. according to the condition aforesaid Which notwithstanding so it is if it may please your good Lordship yet doth the said M. against all good dealing detaine the said obligation in her hands notwithstanding sundrie requestes made vnto her by your said Orator for the deliuerie thereof against all right equitie and good conscience minding as it should seeme to put the same in suite eyther against your Orator or his executors when opportunity serueth In tender consideration whereof and forasmuch as your said Orator hath not any ordinarie remedie by the course of the common law to compell the said M. to deliuer the said bond or to cancell the same according as in right she ought to doe May it please your good Lordship to grant c. A Bill for that the Plainiife hath not according to promise procured an acquittance for rents by him paide to the Defendant by the appointment of his lessor HVmbly complaining sheweth vnto your honorable Lordship your Sec ' 103. daily Orator I. M. of M. in the Countie of Yorke yeoman That whereas about the first yeare of the Raigne of the late King Edward the sixt one I. M. late father of your said Orator was lawfully seised in his demesne as of fee of and in certaine lands and tenements with the appurtenances in S. and within the parish of S. in the said Countie and being thereof so seised died thereof so seised By and after whose death the said tenements and premisses with the appurtenances discended and came as of right they ought to discend and come to your said Orator as sonne and next heire of him the said I. M. after whose death your sanâ— Orator entered into the said tenements and premisses with the appurtenances and was thereof seised in his demesne as of fee and being thereof so seised one mesuage or tenement one garden one orchard one close or croft therunto adioining diuers lands meadowes and pastures parcell of the premisses were assigned to A. M. late wife of the said I. M. deceased for her dower of the said lands of her said husband by force whereof she was thereof seised in her demesne as of freehold and she being thereof so seised afterwards that is to say about the sixt day of Iune in the fourth and fifth yeare of the Raigne of King Phillip and Queene Marie by Indenture dated the day and yeare abouesaid granted and to ferme did let vnto your said Orator the said lands tenements and premisses to hold from the date of the said Indenture vnto the ende and terme of three score yeares if she should so long liue reseruing thereupon to her yearely during the said terme of three score yeares if she so long liue three pounds of lawfull English money which yearely rent of three pounds your said Orator did well and faithfully pay vnto the said A. and her assignes vntill about the tenth yeare of the raigne of our Soueraigne Ladie the Queenes Maiestie that now is at which time the saide A. did grant and assigne thirtie shillings yearely parcell of the said yearely rent of three pounds during her life to one R. M. of E. in the countie of D. Cutler And afterwards that is to say about the twentith yeare of her Maiesties said Raigne the said A. for sundrie considrations did appoint the saide R. to receiue the other thirtie shillings yearely residue of the said yearly rent of three pounds to his own vse And your saide Orator euer since the said grant and appointment hath yearely paide vnto the saide R. as well the said thirtie shillings rent so to him granted by the said A. as the said other thirtie shillings rent residue of the said three pound rent In tender consideration whereof the said R. M. about the first day of Iune last past
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
search and praisement made sell certaine of the goods of the debtors vnto the creditors in part of satisfaction of their debts with a Schedule annexed vnto the said Indenture which is likewise indented wherein are contayned the perticulers of the goods with their seuerall prices as they be prized by the Commissioners to the one part of which Indentures is put to the hands and seales of the said Commissioners and to the other of the said Indentures the hands and seales of the creditors THis Indenture made c. betweene sir R. H. Knight A. B. C. D. Sect ' 158. E. F. of the one partie and G. H. and I. K. creditors of C. A. Citizen and Merchantaylor of London on the other partie witnesseth That where our said soueraigne Lady the Queenes Maiestie that now is by her highnesse letters of Commission bearing date at Westminster the fifth day of Nouember last past before the date hereof minding the due execution of the Statute touching orders for Bankerupts in her Parliament holden at Westminster in the xiii yeare of her highnesse said Reigne made and prouided reciting that whereas her Maiestie was enfourmed that C. A. of London Merchantaylor vsing and exercising the trade of Merchandize by way of bargaining and seekinig his trade of liuing by buying and selling and being a subiect borne of this her Realme of England in the said moneth of Nouember in the xv yeare of her Maiesties Raigne that is to say about the second day of the saide moneth did begin to keepe his house scituate in London aforesaid and sithence hath departed frō his saide dwelling house absented himself to th entent to defraude hinder his creditors being also subiects borne of this her said Realme of England of their iust debts duties to them due owing so is become a Bankerupt hath assigned appointed constituted ordained the said R. H. c. her especiall Commissioners geuing full power authoritie vnto them 5. or 4. of them whereof the said Sir R. H. to be one according to the said Statute not only concerning the said Bankerupt his bodie lands freehold customarie goods debts all other things whatsoeuer but also concerning all other persons which by concealemēt claime or otherwise do or shall offend touching the premisses or any part thereof cōtrary to th entent true meaning of the said Statute to do execute according to the said Statute all euery thing things whatsoeuer as well towards for satisfaction and payment of the saide creditors as towards and for all other intents purposes according to the order prouision of the said Statute in that case prouided as by the same Commission more plainely it doth and may appeare By force and vertue of which said Statute and of the saide Commmission the saide Commissioners haue caused certaine goods Cattels wares and Merchandizes of the saide C. A. contayned and mentioned in a Schedule indented to these presents annexed to be searched viewed apprized And also haue sold deliuered and by these presents do sell deliuer to the creditors aforenamed all the said goods Cattalls Wares Merchandizes contayned and mentioned in the said Schedule indented to these presents annexed To haue and to hould the same euery part thereof to the said Creditors before named their executors administrators and assignes to their owne proper vses for euer towards the satisfaction and payment of the said Creditors that is to say to euery of the aforenamed creditors a portion rate and ratelike according to the quantitie of the debts In witnesse whereof the said parties to these Indentures interchangeablie haue set to their Seales Yeuen the day and yeare first aboue written The intituling of the Schedule mentioned in the Indēture next before written and annexed to the same Indenture IN this Schedule indented is contayned and mentioned certayne Sect. 159. goods wares Cattels Merchandize late of C. A. Merchantaylor which be sould by the Indentures whereunto this Schedule indented is annexed that is to say in his house in L. in the parish of G. in London Imprimis c. A Bill into the Chauncery against one by a prisoner in the Fleete to compell the defendant to proceede in an agreament made betwixt the plaintife and the defendant for his enlargement by the order of the Lord Chauncelor then dead To the right reuerend Father in God Nicholas Archbishop of Yorke and Lord Chauncelor of England MOst humblie complayning sheweth vnto your grace your dayly Sect. 160. and poore Orator W. M. of M. in the Countie of Chester Gent̄ now being prisoner in the Fleete at the suit of R. D. of the same Countie Esquier committed thereunto by the late reuerend Father in God the Bishop of Ely being then Lord Chauncelor of England of and vpon a Statute of 200. l which suit of the saide R. D. hath thus remayned the space of eight or nine yeares to the great miserie and vtter vndoing of your graces saide Orator And where diuers agreaments with other diuers meanes haue bene taken and made betweene the said R. D. and your saide Orator and especially the last day of May in the last yeare of our late Soueraigne Lord King Edward before Doctor Lyell Maister Dyer appointed then by the said late Lo. Chauncelor where it was agreed betweene the said R. D. your graces said Orator that your said Orator should be bound in 1000. l that he should not alienate nor sell any parcell of his lands now being in his possession or to him in reuercion And all such lands that were sold by your saide Orator that your said Orator should endeuor w e all diligence to recouer the same againe And furthermore it was agreed ordered betweene the said R. D. and your said Orator that your said Orator should put insuerties to pay vnto the saide R. D. 50. pound of lawfull money of England that is to say fiue pound yearely during tenne yeares next ensuing All which orders and agreements your Graces said Orator is contented to accomplish and fulfill Yet notwithstanding the saide ◠D. minding rather the continuance of your said Graces Orator in prison to his vndoing will neither obey the late ho. Lord Chauncelors order then made therein nor yet the agreaments heretofore made but onely doth finde delayes to prolong the time to the vtter vndoing of your Graces Orator In consideration whereof the premisses tenderly considered it may please your Grace to commaund the saide R. D. to appeare before your Grace and to take such order with him as shall seeme best to your Grace And your said Orator shall pray for your Grace long to continue A Bill into the Chauncerie by the Husband and Wife for and on the behalfe of diuers to compell executors to pay legacies wherein is shewed that they to whom the legacies be giuen haue no remedie by the ecclesiasticall lawe to compell the then executors to pay the said legacies To the
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
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.