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 '
c. Et nisi c. Et est Concordia talis scilicet quod praedict ' Comes Comitiss recognouerunt redditÌ„ praedictum cum pertinentijs esse ius ipsius W. vt illa que idem W. habet de dono praedictorum Comitis Comitisse Et ill ' remiserÌ„ quietÌ„ clamauerÌ„ de se heredibus suis praefatÌ„ W. heredibus suis imperpetuum Et preterea ijdem Comes Comitissa concedunt pro se heredibus ipsius Comitis quod ipsi warrantÌ„ redd ' pÌ„dictÌ„ cum pertinÌ„ pref W. hered ' suis contra omnes homines imperpetuuÌ„ Et pro hac c. A Fine of the third part of a rent by the husband and wife Suffolk ss PRaec ' R. I. vxori eius quod teneant H. C. conuenc ' Sect ' 52. c. de tertia parte quinque librÌ„ sex solid ' octo denarÌ„ redditÌ„ cum pertinentijs exeunÌ„ de manerijs de K. Et nisi c. Et est concordia talis scilicet quod praed ' R. I. recognouerÌ„ tertiam partem praedict ' cum pertinÌ„ esse ius ipsius H. vt ill ' quam idem H. habeat de dono praed ' R. I. Et ill ' remiserÌ„ quietÌ„ clamauerÌ„ de se heredibus ipsius I. pref H. hered ' suis imperpetuum Et praeterea ijdem R. I. concesserÌ„ pro se heredibus ipsius I. quod ipsi warrantÌ„ pref H. hered ' suis predictam tertiam partem cum pertinenÌ„ contra omnes homines imperpetuum Et pro hac c. A Fine of a personage exceeding the aduowson of the vicarage of the same parsonage PRaec ' c. ConÌ„ c. de Rectoria de T. cum pertinÌ„ exceptÌ„ Aduocatione Sect ' 53. vicarÌ„ ecclesiae de T. Et nisi c. Et est c. quod praedict ' A. recognÌ„ Rectoriam praed ' cum pertinÌ„ exceptÌ„ praeexceptÌ„ esse ius c. Et ill ' remis c. exceptÌ„ praeceptÌ„ Et praeterea idem c. concess pro se c. quod ipse warrantÌ„ pÌ„dict ' c. Rectoriam praedict ' cum ê‘tinÌ„ exceptÌ„ praeexceptÌ„ c. A writ of couenant brought by three against three of one manor 10. mesnages 8. cottages and of land meadow pasture moore and of rent EborÌ„ PRaec ' C. B. F. vxori eius quod tenÌ„ E. D. R. conÌ„ c. de Sect ' 54. manerio de S. cuÌ„ pertinÌ„ ac de x. messuag ' viij cotag ' CC. acrÌ„ terre CC. acrÌ„ prati 160. acrÌ„ pasture 300. acrÌ„ more vj. s. redd ' cuÌ„ pertinÌ„ in A. F. B. C. Et nisi fecerint c. A Concord with a Render for life to the husbaÌ„d and the wife being the conusors of parcel of manors and lands contained in the writ of Couenant the remainder to the first and second begotten sonne of the conusors in taile and to the heires males and for default of such issue then to the conusors in general taile and for default of such issue then to the right heires of the conusors for euer with graunt and render of x. mesuages c. residue of the same manor c. to the said conusors ET est Concordia talis scilicet quod praedictus T. F. recognÌ„ manerÌ„ Sect ' 55. tenementa redd ' praedict ' cum pertinÌ„ esse ius ipsius E. vt ill ' que ijdem E. R. habent de dono pÌ„dict ' T. F. Et illa remiserÌ„ quietÌ„ clamÌ„ de ipsis T. F. hered ' ipsius F. pref E. R. hered ' ipsius E. imperpetuum Et preterea ijdem T. F. concesserÌ„ pro se hered ' ipsius F. quod ipsi warrantÌ„ manerium tenÌ„ta redd ' cum pertinÌ„ pref E. R. hered ' ipsius E. contra ipsos T. F. hered ' ipsius F. imperpetuuÌ„ Et pro hac recognÌ„ c. ijdem E. R. concesserÌ„ pref T. F. manerÌ„ de S. pred' cuÌ„pertinÌ„ ac x. mesuag ' viij cotag ' 20. acrÌ„ terrÌ„ 20. acrÌ„ prati 160. acr ' pasture 300. acr ' more 6. solid ' redditus cum pertinÌ„ in A. F. predictis parcellas manerÌ„ tenementorum redd ' praedict ' Et ill ' eis reddiderÌ„ in eadem curia ✿ Habendum tenendum pref T. F. pro termino vitae ipsorum T. F. alterius eorum diutius viuent ' absque impetitione alicuius vasti Et quod post decessum praedict ' T. F. eoruÌ„ alterius diutius viuent ' praedict ' ê‘cell ' maner ' tenÌ„toruÌ„ redd ' praed ' cum pertinÌ„ remanÌ„ primogentio filio de corporibus praedict ' T. F. inter eos legitimÌ„ procreat ' hered ' mascul ' de corpore praedict ' primogenit ' filij legitime procreat ' Tenend ' c. ✿ Et si nullus heres de corpore ipsius primogeniti filij fuer ' legitime procreat ' praed ' parcell ' manerÌ„ tenÌ„toruÌ„ redditÌ„ pred' cum pertinÌ„ remanÌ„ secundo genito filio de corpore pÌ„dict ' T. F. inter eos legitime procreatÌ„ hered ' mascul ' de corpore dicti secundi geniti filij legitime procreatÌ„ Tenend ' c. ✿ Et si nullus heres de corpore ipsius secundi geniti filijfuerÌ„ legitime procreatÌ„ tunc pÌ„d ' parcell ' maneâ— tenÌ„torum redd ' praedict ' cum pertinenÌ„ remanÌ„ hered ' de corporibus pÌ„d ' T. F. inter eos legitimÌ„ procreatÌ„ Tenend ' c. Et si nullus heres de corporÌ„ ipsoruÌ„ T. F. inter eos fuerÌ„ legitime procreatÌ„ tunc praedict ' parcell ' manerÌ„ tenÌ„torum redd ' pÌ„d ' cum ê‘tinÌ„ remanerÌ„ inde rectis hered ' ipsorum T. F. imperpetuum Tenend ' c. Et vlterius ijdem E. R. concess praef T. F. deceÌ„ messuag ' c. cnm pertinÌ„ in B. C. praed ' residuum pÌ„d ' manerÌ„ tenÌ„torÌ„ redd ' praedict ' Et ill ' eis redd ' in eadem CurÌ„ A Fine of one acre of land homage rent and seruices SalopÌ„ PRaecipe E. T. armig ' quod teâ— N. P. conÌ„ de vna acrÌ„ terre Sect ' 56. quindecim solidos redÄ‘ cuÌ„ ê‘tinÌ„ in G. F. Et nisi c. Et est concordia talis scz quod praed ' E. T. recognouit praed ' acrÌ„ tÌ„re cum pertinentijs esse ius ipsius N. vt ill ' quam idem N. habeat de dono praed ' E. Et ill ' remisit quietÌ„ clamÌ„ de se heredibus suis pref N. heredibus suis imperpetum Et pÌ„d ' E. concessit pÌ„f. N. praed ' redditÌ„ simul cum homagio toto seruitio I. H. heredum suorum detot tenÌ„tis quot praed ' E. prius tenuit de F. praedict ' HabenÄ‘ percipienÄ‘ gaudenÄ‘ pÌ„d ' redditÌ„ simul cum homagio toto seruitio praed ' N. hered ' suis imperpetuum Et
occupieth by the lease for yeres yet continuing of the said defendant And the said defendant also saieth that he is sued for the rent reserued vpon his lease by the said G. H. named in the said bill of coÌ„plaint in the kings Bench in an action of debt brought by him against the saide defendant And therefore the said defendant much marueileth of this suit of the saide complaynant brought in this honorable court against the said defendant touching the said premisses By which suit of the said complaynant the said defendant is wrongfully sued and vexed without any iust cause of suit without that that there is any such extent made of the said three parcels of land called c. or that after the same extent there was any such bargaine sale made by the said Shirife named in yâ— said bill of complaint of the said terme lease of yeres of the said premisses vnto the said G. H. Or that the said G. H. bargained or sold the said premisses vnto the said complaynant or that the said complaynant ought to haue and inioy the said premisses to the knowledge of this defendant And without that there is any other matter or thing c. All which matters c. â—ill for a title of land intailed IN most humble 〈◊〉 sheweth and complayneth vnto your good Sect ' 135. Lordship your daily Orator R. R. husbandman That where one W. late of S. in the county of W. husbandman grandfather of your said Orator was lawfully seised in his demesne as of fee by due course of inheritance vnto him lawfully discended from his auncestors and other lawfull conueyances in the law of and in one messuage c. CC. acres of land meadow wood and pasture with their appurtenances in S. aforesaid And the said W. R. so being of the premisses seised about ten yeres now past It was condiscended granted agreed betweene the said W. R. and one I. E. late of H. in the said countie deceased that A. B. then sonne and heire apparant of the said W. R. before a certaine day should marry and take to his wife one A. E. daughter of the said I. E. and that the said W. R. in consideration thereof and for that the said A. should be greatly aduanced and preferred in goods and substance by the mariage of the said A. would immediatly after the said mariage had and solemnized conuey and make vnto the said A. and A. a good sufficient and lawfull estate in the Law of and in the said mesuage lands tenements and other the premisses To haue and to hold vnto the said A. and A. and to their heires males of their bodies lawfully begotten And afterward the said A. according to the said agreement did marrie and take to his wife the said A. E. immediatly after which mariage had and solempnized the said W. K. according to his said promise and agreement did lawfully enfeoffe of and in the said mesuage lands tenements and other the premisses the said A. R. and A. then his wife To haue and to hold vnto the same A. and A. and to their heires males of their bodies lawfully begotten by force whereof the said A. and A. were seised of and in the premisses in their demeanes as of fee taile speciall and they so being thereof seised the said A. and A. had issue male betweene them lawfully begotten one I. R. and your said Orator and one W. R. and the said W. R. the elder died by and after whose death the reuersion in fee simple of the premisses discended vnto the said A. as sonne and heire vnto him And afterward the said A. and Agnes dyed after whose death the said messuage lands tenements and other the premisses discended and came and of right ought to discend and come vnto the said I. R. as sonne and heire male of the bodie of the said A. and A. lawfully begotten by force whereof the said I. R. entred into the said messuage lands tenements and other the premisses and was thereof seised in his demesne as of fee taile And he so being thereof seised the said I. R. about foure yeres now past of the said messuage and other the premisses dyed seised without issue male of his bodie lawfully begotten by force whereof the said messuage and other the premisses discended and came and of right ought to discend and come vnto your said poore Orator as brother and heire male to the said I. R. by the vertue of the gift aforesaid So it is my singuler good Lord that aswell the deede of intaile made of and for the premisses by the said W. R. the grandfather vnto the said A. R. and A. and to the heires males of their bodies lawfully begotten as is aforesaid as diuers other charters euidences and deedes writings and muniments concerning the premisses prouing the said interest and title of your said Orator in and to the premisses been disceiptfully comen to the hands and possession of I. W. and C. his wife late wife of the said I. R. G. W. gentleman and T. S. the elder and remaine there as they haue conueyed and put them and by colour of hauing the said euidences deedes writings and mumments in their hands and possession the same I. W. and E. haue now of late wrongfully entred into the said messuage and other the premisses And the possession thereof do so yet wrongfully deteine keepe from your said Orator and also the rents issues and profites thereof haue wrongfully receiued perceiueâ— and taken to their owne vse by the space of fower yeres past and so yet do contrary to all right and good conscience And albeit that your sayd Orator hath often and sundry times required and instantly desired the said I. W. and E. G. W. and T. S. aswell to deliuer vnto your said Orator the said euidences deedes writings and muniments concerning the premisses as also to auoid the possession of the premisses and peaceably and quietly to permit and suffer your said Orator and his assignes to haue and inioy the same and to receiue and take the rents and profits thereof to his owne vse according to his said interest and title therein which to do they at all times haue refused and denied and yet do contrarie to all right and good conscience And for asmuch as your said Orator knoweth not the certaine number contents ne other certainties of the said euidences deedes writings and muniments nor wherein they be conteined And also for that the said I. W. E. G. W. and T. S. be of so great substance riches and also greatly frinded and borne in the said Countie of W. And your said Orator being but a poore man and hauing but few friends in the said Countie the same your said Orator is and shall be therefore without remedy concerning the premisses by due course and order of the common Law and otherwise vnlesse your good Lordships ayde and fauour be vnto him shewed in this behalfe In consideration whereof
pasturÌ„ lx acr ' arun dinarum x. acrÌ„ marisci frisci maâ—sci salsi cum pertinenÌ„ in D. c. Et nisi c. Of a parsonage impropriate and of the moytiâ— of the tithes PRaec ' c. de RectorÌ„ impropriatÌ„ de H. cum pertinÌ„ ac de medietate Sect. 36. omniuÌ„ decimaruÌ„ granorÌ„ bladorum garbar ' foeni de terris vocatÌ„ le B. lands cum pertinÌ„ in H. praedict ' c. Et nisi c. Of a manor of rent and free foldage for sheepe PRaecipe c. de manerÌ„ de c. decem solid ' redd ' ac de libero faldagio Sect. 37. ouium cum pertinÌ„ in R. de Hundred ' de L. Et nisi c. A writte of CouenaÌ„t by one of the Queenes Secretaries of the 3. parte of 4. messuages 4. cottages one mille gardeins orchards lands medowe pasture more turbarie and rent the 3. parte of the view of franke pledge of goods and cattels wayued of fellons fugitiues put in exigent felonâ— de se deodans treasure founde extrahur and of the 3. parte of a Parsonage PRaecipe W. S. Militi dnÌ„o M. quod tenÌ„ W. C. MilitÌ„ principal ' SecretarÌ„ Sect. 37. dnÌ„ae ReginÌ„ conuenc ' c. de tertia parte iiij mess iiij cotag ' vnius molendinÌ„ x. gardinÌ„ x. pomarÌ„ 200. acrÌ„ terrae 200. acr ' prati 200. acrÌ„ pasturÌ„ 30. acrÌ„ morae 30. acr ' turbarÌ„ v. s. redd ' cum ê‘tinÌ„ in A. B. C. D. ac de tertia parte Vis franci pleg ' bonorÌ„ catallorÌ„ wauiatÌ„ felonÌ„ fugitiuorum vtlagâ—tÌ„ in exigenÌ„ positorum fel de se deodand ' thesaur ' inuentÌ„ ac extrahurÌ„ cum pertinentijs in M. c. Necnon de tertia parte RectorÌ„ ecclesiae de K. cum pertinÌ„ Et nisi c. A writ of Couenant of Tythes Lâ—iâ— ss PRaecipe T. N. MilitÌ„ qd ' tenÌ„ T. P. conuenc ' c. de proficuis Sect. 38. granorÌ„ foeni lanae agnorÌ„ ac de omnimod ' alijs decimis cum pertinentijs in M. Et nisi c. A writ of Couenant of the Scite of a Monasterie of messuages of comon of pasture for all maner of beastes of rent and of rent hennes and rent worke Derb. ss PRaec ' A. B. quod tenÌ„ C. D. conuenc ' de situ Monast de Sect. 39. B. cum pertinenÌ„ Ac de xx messuag ' c. ac de communia pasturÌ„ pro omnibus animal ' ac de C. s. redditÌ„ ac de redditu C. galinarÌ„ C. oper ' cum pertinenÌ„ in E. F. Et nisi c. ¶ Et est concordia talis scz quod pÌ„dictus A. B. recognouit praed ' situm tenÌ„tÌ„ communiam pasturÌ„ redd ' cum pertinentijs esse ius ipsius C. vt ill ' c. cum relax ' warrantÌ„ c. A writ of Couenant against the Father and his sonne and heire apparant of cottages toftes barnes watermils of one windmill doufehouses gardeins orchardes land medow pasture wood marishe furres heath moore rent halfe a pound of rent peper of a myne of cole and the adâ—owson of a Church LincÌ„ ss PRaecipe F. M. armig ' T. M. filio haeredi apparentÌ„ Sect. 40. eiusdem F. quod tenÌ„ F. F. N. R. gentÌ„ conuenc ' c. de manerÌ„ de T. S. H. iuxta N. super Trentam Ac de xl mes xx cotag ' xl toft ' xxx horreis ij molend ' aquatic ' vno molend ' ventritico iij. columbarÌ„ xl gardinÌ„ xl pomarÌ„ mille acrÌ„ terrae miâ—le acris prati mille acrÌ„ pasturae 500. acrÌ„ bosci 100. maris 100. iampnÌ„ bruerÌ„ 100. acrÌ„ alneti 110. acrÌ„ iuncarÌ„ 500. acrÌ„ morae iiij libr ' redditÌ„ redd ' dimid ' vnius librae piperis cum pertinÌ„ in T. c. Ac etiam de minera carbonÌ„ cum pertinÌ„ in T. S. Necnon de Aduocac ' Ecclesiae de T. H. Et nisi c. A writ of Couenant of Dismes and Tythes Notting ss PRaec ' D. E. qd ' c. teneat R. Y. armig ' conuenc ' c. de Sect. 41. decimis garbaruÌ„ granoruÌ„ foeni cum pertinÌ„ in R. W. Ac de decima foeni in V. Necnon de decimis lani agnorum oblationum obâ—entionuÌ„ emolumentorum de omnibus alijs decimis quibuscuâ—que venienÌ„ crescenÌ„ renouanÌ„ in W. praedict ' Et nisi c. A writ of Couenant against the husband and the wife of a Parsonage and of the aduouson of a Vicarage and of messuages cottages barnes and gardeins PRaecipe T. B. A. vxori eius quod tenÌ„ C. W. armig ' Sect. 42. conuenc ' c. de Rectoria de L. ac de aduoâ—ac ' vicarÌ„ de L. ac de decem mesuag x. cotag ' x. horreis x. gardinÌ„ c. cum pertinÌ„ in L. praed ' Et nisi c. Praec ' c. qd ' iuste c. de x. mes c. in W. Necnon de Rectoria eccles de G. de decimÌ„ granorÌ„ foeni lane agnorÌ„ omnium aliar ' decimaruÌ„ quarumcunque in G. praed ' Ac etiam de aduocac ' Vicar ' ecclesiae de G. praedict ' cum pertinentijs Et nisi c. A fine knowledged by one to two persons of sixe messuages with warrantie against him and his heires SurrÌ„ ss PRaecipe W. W. quod iuste c tenÌ„â— L. A. P. conÌ„ c. Sect. 43. de sex mesuagijs c. cum pertineâ— in C. W. E. c. Et nisi c. ¶ Et est concordia talis scilâ—cet quod praedict ' W. recognÌ„ praedict ' tenementa cum pertinenÌ„ esse ius ipsius I. vt ill ' quae ijdem I. A. habent de dono praedict ' W. Et ill ' remiserÌ„ quietÌ„ clamÌ„ de se haered ' suis praedict ' I. A. haered ' suis imperpetuum Et praeterea idem W. concessit pro se haeredibus suis quod ipse warrantÌ„ praedict ' I. A. haered ' ipsius I praedict ' tenementa cum pertinenÌ„ contra praedict ' W. haered ' suos imperpetuum Et pro hac c. A Fine by the husband and wife to two of messuages toftes lands medowes pasture and rente with warranties against the Conusor and his heires SurrÌ„ ss PRaecipe I. T. A. vxori eius quod iuste c. tenÌ„ W. Sect. 44. R. R. D. conuenc ' c. de quatuor mesuag ' quatuor toftis xl acrÌ„ tÌ„errae xx acris prati 120. acrÌ„ pasturÌ„ quinque solid ' iiij denarÌ„ redditÌ„ cum pertinenÌ„ in S. Et nisi c. ¶ Et est concordia talis scilicet quod praedict ' I. A. recognÌ„ praedictuÌ„ tenementum cum pertinentijs esse ius ipsius W. vt illa quae idem W. R. habent de dono praedictoruÌ„ I. A. Et ill ' remiserÌ„ quietÌ„ clamauerÌ„ de ipsis I. A.
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
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
the fine but vnto some thing in or issuing out of the same seeme not barrable at all by any such fine nonclaime As if a tenant in Auncient demesâ—e leuy a fine with c. at the common law of his lands in auncient demesâ—e the Lord in auncient demesâ—e may haue his writ of Deceipt and thereby auoid the fine at any time thereupon his tenant shal be restored to the land because the Lord claimeth not the land whereof the fine is leuied but his auncient Seigniory and seruices issuing out of the same Plo. 370. b. It seemeth such fines doe not barre such estrangers as haue rent coÌ„mon way estouers or any such charge out of the land for it seemeth that these fines extend onely to binde the state title right claime entrie and interest in and to the land and no profits to be taken out of the lands nor to take power giuen to executors or others to sell the land Brooke titÌ„ Fines 123. Pleas to aâ—oide Fines IT is a good plea to say that I. S. was seised tempore leuac ' and before Sect 191. the fine leuied without that that the parties to the fine had any thing therein at the time oâ— the fine leuied 9. H. 4. 27. 3. H. 6. 27. Or to say that the parties to a fine had nothing c. but A. B. whose estate he hath Et de hoc ponit se super priÌ„am 33. H. 6. 18. 26. H. 6. f. 9. 42. E. 3. 20. 4. H. 4. 8. 14. H. 4. 33. 4. H. 7. ca. 24. If there be two R. D. of one name the one leuy a fine of the land of thother thother may auoid the fine by pleading that there be two of one name and thother K. D. leuied the fine and not he And in like maner if any estranger leuie a fine in the name of another that is owner of the land 34. H. 6. 19. ContrÌ„ tenÌ„ 19. H. 6. 44. because it is a matter of recorde therefore hath no other remedie in such case but an action of disceit Neither parties to fines nor their heires may pleade in auoidance thereof that before the leuying and at the leuying of the same since the demaundant or plaintife or their heires were alwaies seised of the lands conteined in the fine or of parcel thereof StatÌ„ de finibus 27. E. 1. ca. 1. 12. E. 4 15 19. yet by Fairefax if tenant in taile the remainder in fee leuie a fine sur cognisance de droit come ceo c. hee in the remainder may auerre the continuance of possession notwithstanding the fine and statute because he is neither the partie nor his heire and so may a Feme couert where her husbande sole leuieth the fine 12. E. 4. 12. The issue in taile may auerre continuance of possession against a fine sur cognisance de droit tantum or surrender but not against a fine sur cognisance de droit come ceo que il ad de son done because that fine is executed and the other executorie 12. E. 4. 15. 19. 11. H. 4. 85. Of a writ of Error A Writ of Error to reuerse a fine lieth where there is Error in any Sect ' 192. fine and thereby not the record of the fine it selfe shal be remoued but the transcript thereof vpon which transcript of the note of the fine the plaintife may assigne his errors And if the Iustices thinke that the point assigned for error is error they may send for the note of the fine reuerse the same Fitz. nat fo 20. f. As if baron and feme leuie a fine to an estraunger the feme being within age they may haue a writ of error to reuerse the fine for this cause during her nonage Fitz. nat 21. d. 27. ass pl. 17. 50. E. 3. 4. And when a fine is to be reuersed by error the course is for the plaintife in the writ to haue seueral writs of Error one directed vnto the chiefe Iustice of the court of Common plees to certifie the record proces of the fine another vnto the Custos br of the same court to certifie the transcript of the foote of the fine and the third vnto the Chirographer to certifie the transcript of the record and proces of the fine the seueral formes whereof be as followeth A writ of Error directed vnto the chiefe Iustice of the court of common plees Regina c. dilecto fideli suo Edm. Anderson Militi salutem Quia in record ' processu ac etiam in leuatione cuiusdam finis in curÌ„ nrÌ„a coram vobis socijs vestris Iustic ' nostris de banco apud WestmÌ„ in octabis S. Michaelis vltimo preteritis per breue nostrum de conuentione inter I. G. seniorem armig ' M. vxorÌ„ eius I. G. iuniorem generosum querentÌ„ G. H. deforc ' de manerio de G. cum pertinÌ„ ac de vno messuagio xv cottagijs quindecim toftis quatuor horreis quindecim gardinis duobus pomarijs ducentis acrÌ„ terre octoginta acrÌ„ prati centum acrÌ„ pasture sex acrÌ„ bosci trescentis acrÌ„ more communia pasture pro omnibus auerijs com ê‘tinÌ„ in G. in comÌ„ EborÌ„ leuatÌ„ error interuenâ—t manifestus ad graue dampnum ipsius G. sicut ex querela sua accepimus Nos errâ—rem si quis fuerit modo debito corrigi eid ' G. plenam celereÌ„ Iustic ' fieri volentes in hac parte vobis mandamus quod recordum processum finis praed ' cum omnibus ea tangenÌ„ que in custodia vestra existunt vt dicitÌ„ nobis sub sigillo vestro distincte a ê‘te mittatis hoc breue Ita quod ea nabeamus in octabis S. Hill ' vbicunque tunc fuerim ' in Angl ' vt inspectis recordo processu finis pÌ„d ' vlterius inde pro errore illo corrigendo fierifaciamus qd ' de iure secund ' legem coÌ„suetud ' regni nostri Angl ' fuerit faciend ' c. A writ of Error vnto the Custos breuium of the Court of Common plees Regina c. dilecto sibi Tho. Spencer armig ' custodi breuium suoruÌ„ de banco salutem Quia in recordo processu ac etiam in leuatione cuiusdaÌ„ finis in curÌ„ nrÌ„a de Banco apud WestmÌ„ in octÌ„ sancti Mich. vltimÌ„ pÌ„terito coram Ed. Anderson Milite socijs suis Iustic ' nrÌ„is de banco pÌ„dictÌ„ per breue nostrum de conuentione inter c. de c. Vobis mandamus quod transcriptum pedis finis praed ' cum omnibus ill'tangenÌ„ que in custod ' vrÌ„a existunt vt dicitur nobis sub sigillo vestro c. vt InspectÌ„ transcriptÌ„ pedis finis praed ' vlterius inde c. A writ of Error vnto the Chirographer of fines Regina c. dilecto sibi Th Crompton Armig ' Chirographario suo de Banco salutem quia in recordo processu ac etiam in leuacione
the moderation of extremitie Diuers CurÌ„ 105. Nam ipse etiam leges cupiunt vt iure regantur id est vt leui facili ac benigna interpretatione temperentur vereque dicitur Nullus recedat a Cancellaria sine remedio 4. H. 7. 4. Of Conscience THis Conscience is defined Reliqua in hominerationis scintilla bonorum Sect ' 13. malorumque facinorum index Iudex igitur bipertita ea approbatio scilicet opprobatio illa in bene hec in secus factis Iustus Lipsus lib. ciuilis doctrina cap. 5. or thus Conscientia est taâ—itum animi infallibileque facti nostri iudicium a communi Iustitiae formula quam Deus insculpsit omnibus hominibus productum per quod aut accusatur res mala aut defendiâ— bona Oldendorpius Corasius in Miscel lib. 4. cap. 20. Conscience is an actuall applying of knowledge to some particuler act of man as Saint Germain saith Doct. and Stu. cap. 15. And Synderesis which is termed a natural power of the Soule perswading good and disswading euil D. S. lib. 1. cap. 13. is nothing els but attenta obseruationis occasio cuÌ„ oâ—bus circumstantijs eius Theucid lib. 7. and ministreth the general principles of that knowledge Vere igitur diâ—itur conscientiam veraÌ„ nisi adhibeat Iudex non potest causam secundum equitatem definire simille testes totidemque videat ob oculos instrumenta Conscientia enim cum mille testium vim obtineat certa est non fallitur At in probationibus saepe vel error vel dolus versatur sicut experientia heu nimis frequens nos docet Oldend Of Iudgements in Chauncerie SO great is the power iurisdiction and maiestie of this court that Sect. 14. Iudgements therein giuen are not to be controlled or reuersed in any other Court then the high Court of Parliament which is the chiefest of all other Courts in this Realme Diuers Cur. 105. 37. H. 6. 14. Of the power ordinarie of the Chauncerie ANd this Court is armed with twofold power that is to say with Sect. 15. power ordinarie and absolute 9. E. 4. 15. By ordinary power the Lord Chauncelor proceedeth as at the common Law as in proceeding vpon Recognizances there knowledged and trauerses of offices in which parties are to plead and ioyne issue as at common Law And so in suit against or for Clerkes of the Chauncerie and other persons priuiledged by Attachment there for matter of action remediable by the common Law c. But when they be at issue the Record must be transmitted into the K. Bench to be tried by Iurie And when it is so tried it must be remaunded into the Chauncerie that iudgement may be there giuen and execution had vpon the same 24. E. 3. 45. 14. E. 4. 7. 8. E. 4. 6. Of the power absolute of the Chauncerie THe absolute power is not tied to the rules of the common Law Sect. 16. but by that matters may be examined omnibus vijs modis quibus rei veritas melius sciri poterit iudged secundum allegata probata and not by Iurie of twelue men as at the common Law But by examination of witnesses as in the courtes of the Ciuill Law Smithus de Rep. Angl. lib. 2. cap. 12. Diuers Cur. 106. 9. E. 4. 15. Neither is such precise forme of pleading vsed in the ChauÌ„cerie as at the common Law nor any aduaÌ„tage to be taken for mispleading or want of forme so as the substance of the matter be sufficiently disclosed in conscience Diuers Cur. 106. 9. E. 4. 15. 24. E. 3. 45. 14. E. 4. 7. Diuers other speciall aucthorities and priuiledges hath the Lord Chauncelor by sundrie Statutes as thereby appeareth And partition made in the Chauncery rendring rent is good and may well be sent into the Kings Bench and execution thereupon made by Scire facias â—7 H. 6. 43. li. Ass 32. And if lands be recouered from a woman whereof she was endowed in the ChauÌ„cerie she may haue a Scire facias there to be newly endowed 29. Ass 23. Of a Subpena ANd seeing the ordinarie meanes to call and bring in the parties to Sect. 17. aunswere in this Court is eyther by the Serieant of the Mace as before or by Subpena which onely is thoriginall processe of this court and must be directed to the parties D. St. lib. 1. cap. 17. Smith de Rep. Ang. lib. 2. cap. 12. Cases remediable in Chauncerie HAuing thus perused Equitie and summum Ius with their differences Sect. 18. and also what conscience is whereupon suits in this court do chiefly lie It seemeth good now specially to consider such speciall cases as be remediable in Chauncerie and for which a writ of Subpena lieth there as in cases following A Subpena lyeth in no case but where the common Law fayleth so as the partie who in Equitie hath wrong can haue none ordinarie remedie by the course and rules of the common Law 39. H. 6. 26. 7. H. 7. 11. as in these cases following and such like As if the Queene by her letters Patents giue vnto A. goods forfeited to her highnes by Treason A. may sue for the same in Chauncerie 39. H. 6. 26. And it seemeth if one Coexecutor alone releas debt due to the testator his companion may thereof haue remedie in Chauncery against his Coexecutor onely if no couin be in the debtor but if there be then against them both 4. H. 7. 4. Diuers Cur. 106. And by Moyle if in a Quare impedit by two Coparceners th one make a false plea of couin betweene him the defendant then his companioÌ„ by suit in the Court may enforce him to ioine with him in a true count 6. E. 4. 10. If lands in Auncient demesne extended by statute Marchant be recouered by common recouerie the cognizee hath no remedie but in conscience 7. H. 7. 11. If feoffees in trust commaunded by cestuy qÌ„ vse to enfeoffe his vendee refuse to do it a Subpena lyeth for the vendee against them 37. H. 6. 36. If cestuy qÌ„ vse deuise by his will that his feoffees make an estate to I. S. for life the remainder to H. in fee and I. refuse to take his estate H. after the death of I. may by Subpena compell the feoffees to make estate to him accordingly per Ienny Finch 37. H. 6. 36. Tenant in Borough english enfeoffe A. to the vse of the feoffor and his heires and die his yongest sonne shall haue a Subpena and not the eldest for the vse is of the nature of the land 5. E. 4. 7. If a man make a feoffement in trust of lands discended to him ex parte matris and die without issue his heire ex parte matris may haue a Subpena 5. E. 4. 7. If a man make a feoffement to performe his will and after to infeoffe his heires and declare his will for yeares and die hauing issue a sonne and a daughter by one venter
and a daughter by another ventre the sonne dieth without issue before the will be performed his sister of the whole bloud is to haue execution of the state by the feoffees for possessio fratris de feodo of an vse facit sororem esse haeredem the will for yeares is no impediment of the possession But otherwise if it had bin of franktenement by the Reporter 5. E. 4. 7. If A. seised in fee to the vse of a woman who taketh an husband he selleth the land to S. for money which yâ— wife receiueth A. at their request infeffe the vendee the husbaÌ„d dieth the wife may haue a Subpena against the vendee hauing notice hereof or else against the feoffee for recompence for this is the sale of the husband onely 7. E. 4. 14. If M. know that W. is infeoffed to mine vse or of my will or hath goods giuen to him to mine vse and buy the lands or goods for money a Subpena lieth against the vendor and vendee to performe the will or vse 5. E. 4. 7. 11. E. 4. 8. Diuers Cuâ— 106. But against the vendor only if the vendee haue no such notice Diuers Cuâ— 106. A man by Subpena may enforce his feoffee of trust to bring actions in their names 7. E. 4. 29. as trespas against trespassors 11. E. 4. 8. yet if the feoffee had released to the trespassor Cestuy que vse had bin remediles 11. E. 4. 8. or Assise 2. E. 4. 2. or trespas for goods giuen to his vse taken away 7. E. 4. 29. But not an appeale of Robberie because they be not compelable to ioyne battaile 7. E. 4. 29. If a feoffement be made to the chiefe Lord or others to vses he may refuse to execute the estate for extinguishing of his Seigniorie and no Subpena lieth against him 16. E. 4. 4. The heire of the feoffee in trust being in by discent is compellable by Subpena to execute an estate according to the trust 22. E. 4. 6. If a wife will that her feoffees shall infeoffe her husband he may not compell them thereunto for the will of a wife in this case is void 18. E. 4. 11. If A. be bound to F. to the vse of C. C. in Chauncerie may compell F. to sue A. for the same 2. E. 4. 2. If R. deliuer money to A. to deliuer to his executors or administrators to dispose c. and deliuer A. the same vpon bond to B. to keepe and redeliuer to him R. dieth his executors or administrators may in ChaÌ„cery compell A. to sue the obligors for the money 4. E. 4. 37. If P. be bound in a statute staple to I. and H to the vse of I H. releas P no Subpena lieth against P. notwithstanding that he had notice of thuse for euery man may lawfully aide himselfe 11. E. 4. 8. Diuers Cur. 106. The like of an Obligation to two to thuse of one the remedie is against him that did so releas Diuers Cur. 106. 11. E. 4. 8. If A. be bound to B. to thuse of C. and B. release C. may haue remedie therefore in Chauncerie 7. H. 7. 11. If a man pay debt due by specialtie without an acquitance or haue an acquitance and loose it he shall haue remedy in Chauncery 22. E. 4. 6. 7. H. 7. 11. But it seemeth to be otherwise if the debt be by matter of record for else might all Records be auoided by witnesses which would distroy the common Law 22. E. 4. 6. Diuers Cur. 106. D. and S. lib. 1. cap. 12. A Subpena lyeth on a promise or agreement by word as to build a house or do any other lawfull act 8. E 4. 4. Diuers Cur. 105. An action lieth against Executors in ChauÌ„cerie vpon a simple contract without specialty 7. H. 7. 11. If there be 2. obligors and the obligee giue longer day of payment to th one of them sue thother he may haue a Subpena 6. E. 4. 41. If goods be giuen to defraud creditors they may haue remedie in ChauÌ„cerie against the donees or such as haue the possessioÌ„ of the goods 16. E. 4. 9. If a man be suertiâ—â—or an others debt and the debtor and others be bound to saue the suertie harmeles the suretie haue also goods deliuered by the debtor to saue him harmeles NotwithstaÌ„ding the suerty pay the debt yet if he sue his Obligation the debtor may haue a Subpena for restitution of his goods so pawned for the same least he should be twice charged therefore 16. E. 4. 9. If a man buy a debt due by obligation and be bound to pay a summe of money to the vendor for it yet for so much as the thing sold is chose in action in the vendee he can haue no propertie and therefore hath not quid pro quo the vendee may be relieued in Equitie for his owne obligation 37. H. 6. 13. And for euidence whereof the plaintife knoweth neither the certain contents nor contentment he may haue remedy in Chauncery Diuers Cur. 105. Learne whether if a transitorie personall action be sued in a forein Countie the defendant may stay the plaintife in Chauncerie by Iniunction Diuers Cur. 106. So necessarie be the remedies in Chaunceri e vpon equities allowed by law that it seemeth to some not inconuenient to haue assigned such remedies for the 7. ground of the Lawes of this Realme which are said to consist of 6. grounds onely First the Law of Reason 2. The Law of God 3. Generall Customes of the Realme 4. Principles or Maxims of Law 5. Particuler Customes vsed onely in certein places of this Realme 6. Acts of Parliament Doct. Stu. Lib. 1. cap. 3. 4. 5. 6. 7. 8. 9. 10. 11. and 17. If a man bound in a single Obligation or bill of debt pay the money according to the bond neither taking an acquitance thereof nor cancelling the specialtie of the same he is by the common Law chargeable to pay the same debt againe by vertue of the said specialtie But may haue remedy thereof in the Chauncerie Doct. Stu. Lib. 2. cap. 6. 1. H. 7. fol. 14. ¶ A view of certeine cases wherein the partie grieued seemeth wronged Sect. 19. in Conscience and yet is remedilesse in Chauncery OF an vniust wager of Law in an action of debt vpon a simple coÌ„tract Doct. Stu. Lib. 1. cap. 18. Of a false verdict by a graund Iurie in Attaint Doct. Stu. Lib. 1. cap. 18. For damages where a man hath right or title to land in the possession of another and may by action recouer onely the land but no dammages for the meane occupation there is no remedie for the same damages in Chauncerie As if the tenant in taile be disseised and the disseisor die seised and his heire is in by discent aâ—â—â—st whom the issue in taile bringeth a Formedon he may recouer the land but no damages D. S. lib. 1. cap. 19. A man may not deny that which he
hath once affirmed of record in a Court of Record nor affirme that which he hath once denied of record in a Court of Record nor that whereof he wilfully estopped or excluded himselfe by deed indented or otherwise As if a daughter which is sole heire to her father sue liuerie with her bastard sister she is remedilesse by law D. S. lib. 1. cap. 19. If a thing be found by verdict against trueth before iudgement D. S. lib. 1. cap. 19. Where the cause of the law ceaseth the law also ceaseth in conscience As lessee for yeares recouereth by iudgement treble damages for a trespas of wast done by an estranger And he in the reuersion dieth before his action of wast be ended yet in conscience he ought to sue execution for his single damages for he had no more hurt thereby D. S. lib. 1. cap. 19. A Law 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
If one haue a villein for yeres as executor who purchaseth lands in fee thexecutor by law and conscience shal haue the same lands in fee to the behoofe of his testator and they shall be deemed assets in his hands D. S. lib. 2. cap. 18. because he hath them by reason of his villein If a Lawier ignorantly or affectionately giue wrong counsel to his client who followeth it to his trouble and losse yet is he remedilesse as it seemeth D. S. lib. 2. cap. 19. Therefore it is good to aske aduise of none but such as be learned in the Lawes and of good conscience If a man without consideration giue landes by Indenture to H. and his heires vpon condition that if he pay not vnto I. S. ◠li. rent yerely that then the said I. S. may enter c. which rent is not paid yet the said I. S. may neither enter by law nor conscience because he is neither party nor priuie to the said condition notwithstanding the intent of the giuer for such intent being not grounded vpon the law is void D. S. lib. 2. cap. 20. Plo. 25. B. But the feoffor as it seemeth may lawfully reenter because the words of the Indenture implie a condition in law to that effect D. S. lib. 2. cap. 23. If a man without consideration confirme thestate of his lessee for life the remainder to another in fee this remainder is void in law and equitie because a Remainder cannot commence but at the same instant that the particuler estate whereupon it dependeth began D. S. lib. 2. cap. 20. Plow 25. b. yet the feoffor and his heires in this case may enter for the breach of the said condition If by a feoffement indented it be agreed that the feoffee shall yerely pay to A. B. and his heires a certein rent and that if he pay it not that A. B. and his heire may enter c. albeit the feoffee pay not the money yet may neither the said A. B. nor the feffor enter for that there is no clause of reentre in the said deede Howbeit it seemeth he may haue remedy in Chancerie for the said yerely payment D. S. h. 2. ca. 21. If A. promise to giue vnto B. a summe of money or other thing of meere motion without any consideration the partie is not bound to performe this promise either by law or in Chaūcerie because it is Nudum pactum D. S. lib. 2. cap. 24. If A. promise to giue B. x. s. in consideration of a trespas by him done vnto B. yet A. is not thereby bound in law nor conscience because this is an accord for which none action lieth And notwithstanding this accord B. may haue his action for the said trespas because the concord is executorie D. S. lib. 2. 24. If a man haue one sonne before mariage and an other after and bequeathed all his goods to his sonne and heire it seemeth both in law and conscience that the sonne borne after mariage shall haue the goods for he is heire by the common Lawes of the Realme of which the Spiritual Iudges are bound to take notice and to giue sentence accordingly of temporal things Notwithstanding that by the common Lawes the othersonne is legitimate and the testators heire for the auoiding of the inconuenience which might happen by the contrary iudgements in seuerall Courts In like maner temporall Iudges seeme bound in conscience to take notice of the common Law when they are to Iudge spirituall things and to order their Iudgements according to the same D. S. lib. 2. ca. 25. Iointenants and tenants in common of an Aduowson must within vi Monethes after auoidance agree and ioine in presentment of their Cierke And the eldest sister of Coparceners must present first and then the second by turne or by such composition as they make thereof except the yongest coparcener be the kings ward in which case the presentmēt belongeth to the king And if they keepe not this course of presentment within the sixe Monethes they loose their presentment for that time And the Ordinary may present by Laps both in law and conscience D. S. lib. 2. cap. 33. And if the auoidance be by death cession or creation the 6. Monethes commenc◠at the death creation or cession the patron is bound to take notice thereof And if by resignation or depriuation then from notice thereof giuen by the Ordinary to the Patron If by vnion from the agreement how they shall present D. S. lib. 2. cap. 31. The wife suruiuing her husband which tooke a lease for yeres or life in both their names may lawfully and with good conscience waiue and relinquish it So may an Executor refuse a terme made to his testator if he haue not assets Do. St. lib. 2. 33. If A. infeoffe an Abbot by deede indented vpon condition and the Abbot onely performeth not the condition the feoffor both in law and conscience may reenter and haue his land againe as in his former right D. S. lib. 2. 34. Warrantie collaterall A Man seised of lands in fee hath issue two sonnes the elder brother goeth beyon◠the Sea remaineth there vntil it be commonly reported that he is dead the father dieth the yonger brother entreth into his lands as his heire and alieneth with warrantie and dieth without issue of his body leauing no land to discend to his next heire and afterwards the elder brother returneth and claimeth the landes in his owne right yet is he barred by Law and conscience for that it is the act of his auncester whose heire he is by whom as he might haue had aduantage to haue had his lands by discent from his as his heire if he had had any so it seemeth reasonable that for the priuitie of bloud he sustaine disaduantage by him because both the seller and the buyer were ignorant of the elder brothers life and right by reason of his owne absence D. S. lib. 2. cap. 49. Litt̄ sect̄ 704. 705. 707. But if such heire were vouched by force of such warranty he might enter into the warrantie as one that hath nothing by discent from that auncester and so auoid the warranty Debtagainst one as heire If the father bind him and his heires for the payment of a debt die leauing assets by discent to his sonne heire he is bound to pay the debt by law and conscience because he hath such benefit by him Do. St. lib. 2. cap. 49. 26. H. 8. fo I. 40. E. 3. f. 38. 12. E. 3. f. 9. 13. E. 3. fo It is agreable both with law and conscience that a man outlawed either in felouie or in actions personals shall forfait loose all his goods because it is so ordeined for the necessitie of the admmistratiō of Iustice D. S. lib. 2. ca. 49. 43. E. 3. fo 18. 21. Ass 21. 39. H. 6. fo 26. 21. H. 7. f. 7. 49. E. 3. f. 5. 16. E. 4. fo 6. The like is of forfaiture of goods attached by
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
vpon any iust cause Neuerthelesse the aduantage of exception to the vncertaintie and insufficiencie of the said bill to these defendantes at all times saued For aunswere and declaration of the trueth they say and euery of them saith that true it is that one R. S. of F. in her Maiesties Countie of H. was in his life time seised in his demesne as of fee of and in one messuage and certaine lands and tenements in H. in the said County of H. and being so seised by his deed of foffement vnder his hand and seale about the xxxvi yeare of King H. the viii conueyed and assured the same messuage and lands vnto one I. S. his sonne and to his heires and assignes for euer as by the deed of the said R. vnder his hand and seale redy to be shewed vnto this honorable Court doth and may appeare By force whereof the said I. S. was thereof seised in his demesne as of fee And being so thereof seised for a certaine summe of money to him paid by W. G. father of one of the defendants did conuey and assure the said messuage and lands vnto the said W. G. and his heires with warrantie as by the deed and release of the foresaid I. S. doth and may appeare After which the foresaid W. G. the father vnto the said defendant died of the said messuage and lands seised After whose death these defendants entred into the said tenements and the same enioyed the their own profits and commodities as lawfull was for them to die without that that R. S. of H. in the said bill mentioned was seised of the messuage and lands in the bill mentioned in fee taile or that the said I. S. father of the complainant was seised of the premisses in the first yeare of King Edward the sixt or that the said W. G. father of one of the defendants got the possession of the messuage the euidences concerning the same other wise then was lawfull for him to doe Or that the defendantes or any of them do vniustly withhold the said messuage or lands in the bill mencioned or the euidences concerning the same otherwise then is lawfull for them to do in respect of their right And without that that the said messuage and lands with the euidences concerning the same do in right or equitie appertaine to the Complainant as sonne and heire to I. S. the father And without that that any other matter or thing in the said bill contained concerning these defendants and not in this answere sufficiently confessed and auoyded trauersed or denyed is true All which matters these foresaid defendants are c. vt supra The Replication THe Complainant auerreth and maintaineth his said bill of complaint Sect. 130. and all and euery the matters and things therein contained to be verie good iust and true in such sort maner and forme as in the said bill of complaint is declared And saith that the answere of the defendants for the most part is vncertaine vntrue and insufficient in the law to be answered vnto Neuerthelesse all aduantages of erception to the insufficiency thereof to this complainant at all times hereafter saued For replication saith in all and euery thing as in the said bill of complaint he hath said And further saith that he doubteth not but that he can verie sufficiently proue that the said I. S. this complainants father was about the first yere of the raigne of King Eow the sixth or not long before seised in his demesne as of fee taile of the foresaid mesuage lands and tenements in the said bill mencioned And he also hopeth to proue all the rest of the said bill to be true in such sort as the same is truely declared and set downe without that that the foresaid R. S. this complaynants graundfather being seised of the premisses in his demesne as of fee did lawfully by his deede of feoffement vnder his hand and seale about the xxxvi yere of king H. the eight conuey and assure the said mesuage and lands vnto one I. S. his sonne and to his heires and assignes for euer Or that the said I. S. being of the premisses seised in his demesne as of fee for a certaine summe of money to him paied by the said W. G. father of one of the defendants did lawfully conuey and assure the said mesuage and lands vnto W. G. one of the said defendants and his heires with warrantie as in the said answere is verie vntruely alleaged And without that that the said W. G. father to one of the defendants died of the said mesuage and lands seised in such fort as in the said answere is likewise declared or that it was lawfull for the said defendants after the death of the said W. G. to enter and occupie the foresaid mesuage and lands as also in the said answere is inserted And without that that any other matter c. All which c. vt supra A Bill for debt leuied by extent COmplaining sheweth c. A. B. of c. That whereas the said A. B. Sect. 131. in the beginning of her Maiesties Raigne liuing in her highnes Court for his furniture of iewels plate money and such like had credit with one C. D. Citizen and Goldsmith of London for the which as he had occasion to borrow any money or take by any wares so he deliuered his Bils or Obligations for the true paiment of any such money so borrowed or for the price of any such wares so bought at daies betwixt them agreed which daies he alwaies kept or tooke order for the for bearing thereof by himselfe or his seruants such as he did imploy in those affaires Amongst which there was in D. in the first yeare of c. a certaine debt or reckoning of how much certainely he now remembreth not betwixt him the said C. D. and the said A. B. for the which he the said A. B. was bound to the said C. D. in the summe of c. by his deed obligatory bearing date c. which Obligation as he now remembreth was single with a defeasance for the debt which was then agreed vpon to be answered at a certaine day following which said debt he the said A. B. paied accordingly by his then seruants and officers who vnknowing vnto the said A. B. did negligently as is to be coniectured leaue the bonds in the hands of the said C. D. after the reckoning and debt paid or discharged And so afterwards the said A. B. did deale and continue in further credit with the said C. D. for diuerse other great summes of money iewels and plate some vpon the said Goldsmithes booke and some vpon Bils and Bonds whereof the most part were afterwards discharged sauing one debt by Recognisaâ—ce about the foure and twentie day of c. in the c. being to the value of 200. markes In which said latter debt the said A. B. presuming of friendship and friendly dealing at the said C. D.
it may please your good Lordship the premisses tenderly considered to graunt vnto your said Orator the Queenes most gratious seueral writs of Subpena to be directed vnto the said I. Werewick E. G. S. and T. S. commaunding them and euery of them by the same personally to appeare in the most honorable Court of Chauncery at a certain day vpon a certain paine by your good Lordship to be limitted therein then and there to make answere to the premisses And further to be ordered therein as shall accord with right and good conscience And your said Orator shall daylie pray c. The Answere of I. W. to the bill of complaint of R. K. husbandman THe said defendant saith that the said bill of complaint is vncertain Sect ' 136. and insufficient in the law to be answered vnto the matter therein contained vntrue principally imagined pursued by the vnlawfull procurement bearing supportation of one W. C. Esq to the intent to put the said def to trouble costes expences intending thereby the vnquiet impouerish the said def as they should be faine to leaue the right title and interest of and in the premisses so that the said W. might purchase buy the same of the said Complainant And of late the said W. C. hath made meanes vnto the said I. W. now def to buy his title interest of in the premisses and threatned him to haue the same and if he would not let him haue it with his good will that then he would haue it against his will whosoeuer tooke his part and if the contents of the said bill were true as they are not yet were the matter determinable at the common Law and not in this honorable Court whereunto the said def prayeth to be dismissed and yet neuerthelesse the aduantage of the premisses vnto this defendant at all times saued For further answere vnto the said bill for declaration of the truth of the contents of the said bill the said def saith euery one of them saith that longtime before the said A. R. mencioned in the said bill of complaint any thing had in the said messuage other the premisses or that the said W. R. was thereof enfeoffed T. R. of P. T. S. of S. and W. of E. were thereof seised in their demesnes as of fee so being thereof seised by their writing indēted ready to be shewed the said messuage other the premisses contained in y◠said bill of cōplaint amongst other things gaue demised deliuered by their said writing indented cōfirmed vnto the said W. R. mencioned in the said bill of complaint and vnto A. his wife To haue to hold the said messuages other the premisses vnto the said W. and A. for terme of their liues and to the wife of the longer liuer of them And the said T. and T. willed declared in the said writing indented that the said messuage all other the premisses should remaine vnto the said A. mentioned in the said bil of complaint vnto A. his wife vnto the heires assignes of y◠said A. for euer without y◠the said W. R. did enfeoffe of in the said messuage lands tenements other the premisses the said A. A. to haue to thē to their heires males of their two bodies lawfully begotten or that the said A. Agnes were seised of in the premisses in their demesnes as of fee taile as in the said bill of cōplaint is surmised without that that after y◠death of the said W. y◠the remainder of y◠premisses in fee simple discended vnto the said A. as sonne heire vnto him or that after y◠death of the said A. A. the said messuage other the premisses discended and of right ought to discend or come vnto the said I. R. in the taile especiall as sonne and heire male of the bodie of the said A. and Agnes lawfully begotten either any other discent of inheritance therein of a meere fee simple or that the said I. by his entrie into the said mesuage other the premisses after the death of his father mother was then seised of and in his demesne as of fee taile especiall or of any such estate dyed seised or that after the death of the said I. that the said mesuage and other the premisses or any part or parcell thereof discended and came or of right ought to discend and come to the said complaynant as brother and heire male to the said I. K. by vertue of any gift or otherwise as in the bill of complaint is vntruly surmised But the said defendants do auerre and are shall be at all times ready to proue as this honorable Court shall award that the said messuages and all other the premisses by and immediatly after the death of the said I. R. discended and of right ought to discend and come to one A. daughter and heire of the said I. lawfully begotten on the bodie of the said E. one of these defendants the which A. is yet in plaine life and in the ward and custodie of her said mother And without that that any deede of taile was made of and by the said W. R. the grandfather or any other euidence deeds writings or muniments concerning the premisses proouing the said interest and title of the said complaynant of the premisses and euery part and parcell thereof to be comen to the hands and possessions of the said I. W. and E. his wife or either of them or to the custodie or possession of any other by their deliuerie conueyance or appointment but trueth it is that the said defendants haue in their custodie one writing indented readie to be shewed whereby the remainder of the premisses is conueyed vnto the said A. and Agnes his wife and to the heires and assignes of the sayd A. for euer as is aforesaid and diuers other euidences and writings proouing and concerning the conueyance of the fee simple of the said mesuage and other the premisses vnto the said A. and other his auncestors the which charters euidēces writings the said def do still with them detaine keepe as good lawfull is for them to do as wel for y◠proofe and preseruation of their right title and interest vnto the third part of the premisses for the dowrie of the said E. as for the preseruation of the right title and interest of the said A. daughter and heire to the said I. of and in the said mesuage and other the premisses without that the said def haue at any time wrongfully entred into the said mesuage and other he premisses or into any part thereof or the profites thereof do wrongfully detaine and keepe frō the said complainants or the rents issues and profites thereof haue wrongfully destreyned perceyued and taken to their owne vse as in the same bill is also vntruely surmised A Supplication in the Chauncerie vpon deceipt by a Partner IN most
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
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.
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
nullus haeres de corporibus praedictorum I. C. patris T. fuerintÌ„ legitime procreatÌ„ tunc praedict ' tenÌ„tÌ„ cum pertinenÌ„ integre remanÌ„ rectis haeredibus praedict ' T. Tenend ' de capitâ—libus dominis fâ—od ' illius per seruicia quae ad praedict ' tenÌ„ta pertinenÌ„ imperpetuum ✿ â— Adiuncts of Concords THe Adiuncts of a CoÌ„cord be also of two sorts Internall and Externall Sect. 147. Internall be such as be conteyned within the very Concord it selfe Of which sort be the clause of reseruation of seruice rent or other thing the clause of nomine penae the clause of distresse and the Reseruation NominÌ„ penae Distresse clause of warranties All which clauses of reseruations nomine penae distresse and warrantie are to be made in such words and in such formes as the like are made in Instruments extraiudiciall for which see Leases and Graunts of rents charge in the first part of Symboleography If the following example do not sufficiently satisfie your desire herein And Warranties be sometimes generall that is to say against all Warrantie men Some against all except certein persons some against certein persons onely some against euery Cognizor and his heires seuerally and some against one of the Cognizors and his heires onely some of all the lands in the fine some of all except part and some of part only certeinly expressed The Externall Adiuncts of Concordes be the licence of alienanation the Dedimus potestatem the examination of the parties the cognizance The licence of alienation is a power or auâ—thority giuen Licence Alienation by her Maiestie to the parties that lands may be aliened without incurring the danger of contempt And euery such liceÌ„ce is either to alien lands holden in Capite or to alien lands into Mortmaine The licence of alienation of lands holden in Capite may varie from the fine and be good 32. H. 8. Br. Alienations 4. 30. For the obtayning of which licence the Clerke of the licences doth vse to draw a dogket in paper conteyning the effect of the fine feoffement Dogket or other deeds whereby the alienation is to be made And thereupon affidauit or composition must be made for the value Assidaâ—iâ— of the lands which are to passe thereby which is to be signed by the Doctor of the Chauncery that hath power to take oath Then the Queenes fine is to be paied to the Receiuor of fines who will signe the dogket And afterwards the same is to be signed by two of the coÌ„missioners of the office of fines licences and vpon that dogket the Clark of the licences is to make the licence and get it sealed with the great Seale which licence is to be made in fourme following A licence of Alienation of lands holden in Capite ELizabeth dei grÌ„atia c. Omnibus ad quos praesentes literae peruenerint Sect. 148 salutem Sciatis quod nos de gratia nostra speciali ac pro tribus libris nobis solutÌ„ in hanaperio nostro concessimus ac liceÌ„tiam dedimus ac per praesentes concedimus ac licentiam damus pro nobis haeredibus nostris quantum in nobis est dilecto nostro I. F. quod ipse totam medietatÌ„ manerij de C. cum pertinentijs ac quadraginta mesuag ' vigintÌ„ cotag ' quadragintÌ„ gardinÌ„ quinquagintÌ„ acras terrae quadragintÌ„ acras prati trescentÌ„ acrÌ„ pasturae xxx acrÌ„ bosci trescentÌ„ acrÌ„ morae viginti librÌ„ redditÌ„ cum pertinentijs in W. alibâ— in comitatu nostro N. eidem medietÌ„ pertinentÌ„ siue spectantÌ„ parcell ' inde reputatÌ„ aut acceptÌ„ existenÌ„ quae de nobis tenentur in Capite dare possit concedere alienare vendere barganizare feoffare warrantizare aut cognoscere per finem in curia nostra coram Iusticiarijs nostris de communi banco aut aliter seu aliquo quocunque modo dilecto nobis E. R. Habendum tenendum eidem E. haeredibus assignatis suis de nobis haeredibus nostris per seruic ' inde debita de iure consueta imperpetuum Et eidem E. quod ipse dictam medietatÌ„ manerij praedicti ac caeterorum praemissorum cum pertinentijs a praefato I. recipere possit tenere sibi haered ' assignatis suis de nobis haeredibus nostris per seruitia praedict ' imperpetuum sicut praedictum est tenore praesentium similiter licentiam dedimus ac damus specialem Nolentes quod praedict ' I. aut heredes sui vel praedictÌ„ E. haeredes vel assignati sui praedicti ratione praemissorum per nos haeredes vel successores nostros IusticiarÌ„ EschaetorÌ„ VicecomÌ„ Balliuos aut alios officiarios seu ministros nostros haeredum vel successoruÌ„ nostrorum quoscunque inde occasionentur molestentur perturbentur vexentur in aliquo seu grauentur aut eorum aliquis occasionetur molestetur perturbetur vexetur in aliquo seu grauetur In cuius rei testimonium has literas nostras fieri fecimus patentes Teste me ipsa apud Westmonasterium vltimo die c. A licence to alien in Mortmaine ELizabeth dei gratia c. Omnibus c. Sciatis quod nos de gratia nostra Sect. 149. speciali ac pro xl solid ' nobis solutÌ„ in hanaperio nostro concessimus ac licentiam dedimus ac licentiam damus pro nobis haered ' nostris quantum in nobis est R. S. quod ipse Aduocationem de L. Abbati Conuentui de L. in comitatu E. dare possit concedere Tenendum sibi successoribus suis de dictÌ„ domina Regina haeredibus suis in liberam puram perpetuam Elemosynam imperpetuum Ac eisdeÌ„ Abbati Conuentui quod ipsi Aduocationem illam a praefato R. S. recipere Ecclesiam illam appropriare eam sic appropriatam in proprios vsus tenere possint sibi successoribus de ipsa Regina haeredibus suis in liberam puram perpetuam Elemosynam imperpetuum Nolentes c. vt supra Quod permittant finem leuari ANd after that such licence is had the vse was which is not now Sect. 150. in vse to haue a writ mencioning the licence and the effect of the fine directed to the Iustices of the common Place commaunding them quod permitaÌ„tt finem illum leuari RegistrÌ„ fol. 167. a. 1. E. 3. cap. 12. 34. E. 3. cap. 15. 33. H. 6. fol. 2. The fourme of which succeedeth ¶ Regina Iusticiarijs suis de banco salutem Cum per literas nostras patentes de gratia nostra speciali concesserimus I. S. quod ipse de manerijs suis de F. W. cum pertinenÌ„ quae de nobis tenentur in Capite feoffare possit K. c. recitando totam cartam prout in literis nostris praedictis plenius continetur ac breue nostrum de conuentione peÌ„deat coram vobis in banco praedicto inter prae dictos I. K. de
knowledge a fine and before Feme the returne thereof marry this fine may be certified engrossed as of a feme sole because the taking of her husband after the fine knowledged is her owne voluntarie act and such fine shall barre her and her heires for euer Dyer fo 246. pl. 68. Mich. 7. 8. Eliz. Euery writ of Dedimus potesâ—atem to spiritual Commissioners for Signed the taking of the cognisance of fines ought to be signed by the L. Chanceller or L. Keeper or chiefe Iustice of the CoÌ„mon place or the Iustice of the circuite where the land lieth Of thinrolement of writs of Couenant Dedimus potestatem and knowledges thereupon which is termed the foote of the fine BEfore thingrossing of the fine by the Cirographer the writ of Couenant Sect 157. the writ of Dedimus potestatem with the knowledges and notes of the same must be inrolled in a roll to be of record for euer to remaine Inrolment in the safe custody of the chief Clarke of the CoÌ„mon place which is Custos breuiuÌ„ his successors who must haue xxii d fee for entring Custos breuiâ— Fee of the Concord to thintent that if the notes of the fines in the custody of the Cirographer be imbesilled execution may be had vpon the said roll Imbeselling ProclamatioÌ„s The foote of the fine 5. H. 4. cap. 14. Vpon this Roll the Proclamations are endorsed and these notes are termed the foote of the fine Dyer fol. 321. plac ' 19. 15. Eliz. Of the note of the Fine THe note of the fine is a note thereof made by the Cirographer before Sect 158. The note of the fine it be ingrossed which beginneth thus EborÌ„ ss Inter A. B. querÌ„ C. D. deforc ' de duobus messuagijs duobus cottagijs centum acrÌ„ terre quadraginta acrÌ„ prati viginti acrÌ„ pasture vna acrÌ„ bosci octo acrÌ„ IampnorÌ„ bruere vno denario redditÌ„ cuÌ„ ptinÌ„ in A. vnde placitÌ„ conuentionis summÌ„ fuit inter eos c. scz qd ' pÌ„d ' C. recognÌ„ tenÌ„ta redditus pÌ„d ' cuÌ„ ê‘tinÌ„ esse ius ipsius A. concessit pro se heredibus suis qd ' praed ' tenÌ„ta redditÌ„ cum ê‘tinÌ„ que pÌ„d ' G. I. tenent ad terminuÌ„ vite ipsius I. de hereditate pÌ„d ' C. die quo hec concordia factafuit que post decessum ipsius I. ad pÌ„d ' C. heredes suos debuerunt reuerti post decessum ipsius I. integre remanerÌ„ praed ' A. heredibus suis tenend ' de capitalibus dominis feodi illius per seruitia que ad praed ' tenÌ„ta redditÌ„ pertinent imperpetuum Et pro hac recognÌ„ concessione fine concordia idem A. dedit pred' B. 100. marcas sterl ' Vpon which note before the ingrossing of the fine if it be of a remainder reuersion rent or seigniory writs of Quid iuris clamat per que seruitia or quem redditum reddit must be sued as the case requireth Plo. fol. 43. b. 22. H. 6. 13. Quid iuris clamat QVid iuris clamat is a Iudicial writ and issueth out of the Recorde Sect 159. of the fine remaining in the keeping of the Custos breuium of the common place Plo. 43. b. before it be ingrossed for after ingrossing it cannot be had Plo. fo 431. b. 22. H. 6. 13. fo Natu. br 147. a which lieth for the grauntee of a Reuersion or Remainder when the particuler tenant wil not atturne to enforce him to atturne 22. H. 6. 13. Plo. 431. b And it is made in this forme Rex vicecomiti salutem PrÌ„ tibi quod venire facias coram Iustic ' nostris Suummons c. tali die G. A. vxorem eius ad cognoscendum quid iuris clamant in vno messuagio decem bouatis terre cum pertinen in B. quae tenÌ„ta cum pertinÌ„ M. que fuit vxor G. in curia nostra c. concessit A. de B. per finem ibi inde inter eosfactum Et habeas c. And the finall cause of this writ of Quid iuris clamat is that the graÌ„tee or cognisee of the reuersion or remainder may by that attournemeÌ„t of the particuler tenant be enabled if cause be giuen to bring an action of wast or to auow for rent reserued or seruices behinde which he cannot doe without attournement Plo. fo 431. b. 22. H. 6. 13. Tenant 〈◊〉 shall atturne though the writ suppose her to be tenant Tenant â—n dower for life because she claimâ—th no greater estate then franktenemeÌ„t Hill 31. E. 3. Fitz. Quid iuris clamat 3. yet it seemeth she thereby looseth her warranty and aduantage to be newly endowed if she be euicted 10. E. 3. Fitz. Quid iuris clamat c. 41. If a gift be for life the remainder for life the writ must mention the Briefe remainder Hill ' 3. E. 3. 15. E. 3. Fitz. Fines 9. It is meete therfore to learne who are compellable hereby to atturne and who not and by whom What persons may obtaine attournement by Quid iuris clamat and what not THe grantee of a reuersion void of impediments 34. H. 6. b. Fit na Sect 160. Grauntee de reuersion Infant br fo 168. b. Fitz. nat br 147. a But an Infant cannot because if a lease for life without impeachmeÌ„t of wast be pleaded in barre he cannot coâ—fesse it 43. E. 3. 5. contra 23. E. 3. Fitz. Quid iuris c. 42. If the cognisor haue nothing in the reuersion the tenant shall not atturne Nothing in the reuersion Lib. IntÌ„ fo 536. A feme Couert without her husband albeit the fine was leuied when Feme couert she was sole 11. H. 4. 7. If there be diuers pleas and one die hanging the plea yet shall the tenant Diuers atturne to the rest 48. E. 3. 32. Or if diuers sue the writ and one be nonsuit yet attournement shall Diuers be vnto the other without summons and seuering of the other 46. Ed. 3. 32. Abbotauera attournement dun tenÌ„ pur vie sans mrÌ„e licence nest Abbot forfaiture 17. E. 3. 7. If cognisee disseise the tenant of part he shall haue no atturnement Disseisor 19. E. 2. Fitz. Quid iuris c. 46. What persons be compellable to atturne by Quid iuris clamat and what not THe writ of Quid iuris clamat lyeth against the particuler tenant of Sect 161. T. for life the land for life 34. H. 6. b. Na. br fol. 168. b. Fitz. nat fo 347. a 49. h. though he be but tenant for life of land holden in Capite or a feme couert Feme couert 45. E. 3. 11. And a tenant for yeres shall atturne 3. H. 4. 3. T. for yeres T. in taile T. in taile after posâ— But tenant in taile is not compellable because of the estate of inheritance which is
omnes homines imperpetuuÌ„ Et pro hac c. Ijdem I. W. I. S. concess tenementa praedicta cum pertinentijs praef E. I. ✿ Et ill ' cis reddiderÌ„ in eadem CurÌ„ Habend ' tenend ' eisdem E. I. hered ' de corpore ipsius E. per praedictam I. legitime procreatÌ„ pro defectu talis exitus teâ—ta praedicta cum pertinÌ„ integre remanÌ„ praefatÌ„ I. hered ' de corpore ipsius I. legitime procreatÌ„ pro defectu talis exitus tenÌ„ta praedicta cum pertinÌ„ integre remanÌ„ rectis hered ' ipsius E. imperpetuum Tenend ' c. R. H. ss ✿ Haec est finalis concordia facta in curÌ„ Dominae Reginae apud WestmÌ„ in Octabis sancti Michaelis Anno regni Elizabeth Dei gratia Angliae Franciae Hyber ' Reginae fidei defens c. a conqÌ„uÌ„ decimo coram I. D. R. W. I. W. R. H. Iustic ' alijs dominae Reg ' fidelibus tunc ibi presentibus IntÌ„ I. W. I. S. querÌ„ E. W. amÌ„ I. vxorÌ„ ei ' deforc ' de 2. mess 2. gard ' 2. pomarijs xx acrÌ„ prati xl acris pasture C. acris iampnoruÌ„ bruere cum pertinenÌ„ in B. W. vnde placitum conuentionis summÌ„ fuit inter eos in eadem curÌ„ Scilicet quod praed ' E. I. recognÌ„ praedicta tenemeÌ„ta cum pertinÌ„ esse ius ipsius I. W. vt ill ' que ijdem J. I. S. habeant de dono praedictorum E. I. Et ill ' remiserÌ„ quietÌ„ clamÌ„ de ipsis E. I. hered ' suis praed ' I. I. hered ' ipsius I. W. imperpetuum Et preterea ijdem E. I. concesserÌ„ pro se hered ' ipsius I. quod ipsi warrÌ„ praedictis I. I. hered ' ipsius I. W. praedicta tenÌ„ta cum pertinentijs contra omnes homines imperpetuum Et pro hac recognÌ„ remissione quietÌ„ clamÌ„ warraÌ„tÌ„ fine concordia ijdem I. I. concesserÌ„ praedictis E. I. praedicta tenÌ„ cum pertinentijs Et ill ' eis reddiderÌ„ in cadem CurÌ„ Habend ' tenend ' eisdem E. I hered ' de corpore ipsius E. per praedictam I. legitime procreatÌ„ de capitalibus dominis feod ' ill ' per seruic ' que ad predicta tenementa pertinent imperpetuum Et si contingat quod ijdem E. I. obierÌ„ sine hered ' de corpore ipsius E. per praedict ' I. legitime procreatÌ„ tunc post decessum ipsorÌ„ E. I. praed ' tenÌ„ta cum pertinÌ„ integre remanÌ„ hered ' de corpore ipsius I. legitime procreatÌ„ Tenend de capitalibus dominis feod ' ill ' per seruic ' que ad praed ' tenÌ„ta pertinent imperpetuum Et si nullus heres de corpore ipsius I. fuerit legitime procreatÌ„ tunc praedicta tenÌ„ta cum pertinentijs integre remaneb rectis hered ' ipsius E. Tenend ' de capitalibus dnÌ„is feod ' ill ' per seruic ' que ad praedict ' tenementa pertinent imperpetuum secund ' formÌ„ statutÌ„ ✿ PrimÌ„ proclamÌ„ facta fuit 22. die Nouemb. terminÌ„ sanct ' Michael ' Anno vndecimo Reg. infrascrÌ„ Secunda proclamÌ„ 24. die Nouemb. eodem termino Tertia ê“clamÌ„ 26. die Nouemb. eod ' termino Quarta proclamÌ„ 29. die Nouem eodem termino Quinta proclamÌ„ facta fuit septimo die Feb. termÌ„ sanct ' Hill ' Anno 11. dict' ReginÌ„ infrascrÌ„ Sexta procl ' 9. die Feb. eodem termino Septima procl ' 10. die Feb. eod ' termÌ„ Octaua procl ' 12. die Fe eod ' termÌ„ Nona procl ' facta fuit 14. die Maij termÌ„ Pasc annÌ„ 12. Reg. infrascrÌ„ Decima ê“cl ' 17. die M. eod ' termÌ„ VndecimÌ„ procl ' 23. die M. eod ' termÌ„ Duodecima ê“cl ' 23. die M. eod ' termÌ„ Tertia decima procl ' facta fuit 22. die Iunij termÌ„ Sanct ' TrinÌ„ Anno vndecimo Reginae infrascrÌ„ Quartadecima procl ' xxv die Iunij eod ' termino Quintadecima procl ' 27. die Iunij eod ' termino Quae omnia singula ad requisitionem W. W. generos tenore presentium duximus exemplificand ' In cuius rei testimonium sigill ' nostrum ad breuia in banco sigilland ' deputatÌ„ praesentibus apponi fecimus T. F. W. W. F. R. Iustic ' de Banco praed ' apud WestmÌ„ die Anno Reginae nunc xx c. W. P. R. How fines executory be executed THe execution of a fine is the obtaining of actuail possession of the Sect. 176 things conteined in the same by vertue thereof and it is either by entree into the lands or by writ By entree into the landes as if vpon a fine sur cognizance de droit come ceo que il ad de son done If the cognizor remaine still in possession And the cognizee by vertue of such fine enter vpon him as he lawfully may without any writ of habere fac ' seisinam because such fine is executed 41. E. 3. 14. 42. Edw. 3. 5. And if fine be leuied to the husband and wife in speciall tayle the remÌ„ to the heires of the body of the husband and the wife dieth without issue the remainder is executed in possessioÌ„ in the husband for the estate taile meeteth with the freehold and drowneth it 7. H. 4. 23. Execution of fines by writ EXecution of fines by writ is either by Habere facias seisinam or by Sect. 177. Scire facias A writ of Habere facias seisinam in this case is a writ iudiciall issuing out of the Record of a fine executory directed to the Sheriffe of the countie where the land lieth commaunding him to giue the cognizee or his heires seisin of the land whereof the fine is leuied And this writ lieth within the yeare after the fine or iudgement vpon a Scire facias And may be made in these formes Regina Vic' c. Praecipimus tibi quod sine dilatione habere facias B. K. seisinam suam de vno messuagio cum pertinentijs in N. quod A. T. in curia nostra c. reddidit praedict ' B. per finem inde inter eos fact ' secundum Teste c. Duodecem c. de visu c. Et qui nec E. nec R. et A. vxorÌ„ eius aliqua Veniâ—e fac ' en Scire fac ' sur fine sur issue si les parties fuerent seisie al remps del fine leuie c. c. ad cognoscend ' si tempore leuationis cuiusdam finis leuati in curia domini E. nuper Regis c. apud WestmÌ„ in crastinÌ„ c. anno c. coram R. B. et socijs suis tunc Iusticiarijs ipsius nuper Reg ' de banco Et postea in crastinÌ„ animarum c. anno c. ibidem concess et recordatÌ„ coram eisdem nuper Iusticiarijs et alijs eiusdem nuper regis fidelibus tunc ibi praesentibus inter T. K. et R. F. quaerentÌ„
other sonne which is heire to his brother hâ— shal haue new v. yeres after he come to his full age because he is the first to whom the right discended after the proclamation by reason of the discent which was before them Plo. fo 374. b. But if an estranger to a fine to whom a Remainder or other title first accrueth after the fine doe not pursue his right within v. yeres he and his issue are barred for euer 19. H. 8. Dyer fo 3. pl. 6. And in like maner if the first issue in taile to whom the title of the intaile first accrueth neglect his v. yeres the whole estate taile is thereby bound for euer 32. H. 8. Br. Fines 100. If he which abaceth after the death of a tenant in fee make a feoffement vpon condition the feoffee leuie a fine and v. yeres after proclamation passe without entrie or claime made by his heire the heire is barred But if afterwards the condition be broken and the Abator therefore enter then the heire may haue an Assise of mortdauncester against thabator or entrie vpon him at any time and he hath no defence For if he plede in barre of the assise the fine leuied to the cognisee and that he hath his estate the speciall matter of the abatement condition and reentrie may be pleaded in defesance thereof for he can neuer challenge priuiledge by the state of the cognisor which he himselfe defeated Plo. fol. 358. b. 7. Eliz. Of Estrangers hauing no right for any cause before the fine BVt estrangers to fines hauing neither present nor future right c. Sect 188. at the leuying thereof by reason of any matter had before the fine whose right groweth either intirely after the Proclamation or partly before and partly after may enter or claime when they please within the time of the prescription As if the father die seised his eldest sonne being professed and the yonger sonne entreth and is disseised and a fine with proclamation leuied and after the elder sonne is deraigned it seemeth he is bound to no time Plow fo 373. a. So if the husband leuy a fine of his owne landes whereof his wife is Doweâ— dowable and die and fiue yeres passe after his death she is not barred of her dower because her title to be endowed accrueth after the fine leuied namely by the death of her husband for before his death she had onely a possibility of dower and not any right title or interest thereunto Plo. fol. 373. a. And if a tenant cease one yeare and then a fine with proclamation is leuied And afterwards a tenant ceaseth another yere The Lord may haue his cessauit perbiennium xx yeres after the Proclamation made because his right and title groweth partly before the fine partly after the fine leuied that is at the end of the two yeres of his tenants ceasser Plo. fo 373. b. Of Estrangers hauing diuerse future Rights by diuerse titles BVt if Estrangers to fines haue seueral future Rights by diuers titles Sect 189. growing at seueral times it seemeth that they shall haue seuerall fiue yeres to make entrie or claime commencing from such time as their seueral titles first accrewe vnto them As if tenant for life the remainder in fee make a feoffement in fee. And the feoffee leuy a fine with c. and he in the Remainder suffer the first fiue yeres to passe he is by his laches barred of his entrie for the forfaiture growing by the alienation of his tenant during his tenant for life because he had present right at the leuying of the fine to enter for the same yet if after the tenant for life do die he hath other v. yeres to bring his Formedon in Remainder because that is a nâ—we title or right by which hee coulde not haue his Formedon during his tenant for life And he had his election to take aduantage of the forfaiture or not Plo. fo 373. b. Quere for there Catlyn thinketh otherwise because his title to the land by the forfaiture accrued to him in the life time of his tenant for life If I. S. be tenant Pur auter vie the Remainder to an other for life the remainder to the same I. S. in fee and I. S. is disseised and the disseisor leuieth a fine with proclamation and the fiue yeres passe I. S. is bound for his future and present estate for life But if cestuy que vie and he in the meane remainder die now I. S. shal haue other fiue yeres to enter for his remainder in fee for it then first remaineth vnto him by the death of him in the meane Remainder cestuy que vie for cause growen wholy before the fine that is the state so made before which is an other title Plowden 367. b. per Welshe and diuers Iustices Plow 367. b. In like maker if land be giuen to I. S. for the life of A. the remainmainder to him for the life of B. the remainder to him for the life of C. and he is disseised the disseisor leuieth a fine with proclamation now I. S. for his present right hath v. yeres by the first Sauing of the StatÌ„ 4. H. 7. cap. 24. And v. yeres after the death of A. by the seconde Sauing which is of future right and other v. yeres after the death of B. for his second remainder for quando duo iura in vna persona concurrunt aequum est ac si essent in diuersis Plo. 368. a. If a man disseise a feme sole and after marry her and haue issue by her the baron is disseised before mariage or after and a fine with proclamation leuied first the baron after the feme die within the v. yeres the issue being of full age the v. yeres passe he is there by bound as heire to his father but hath other v. yeres after the death of his mother to enter for albeit it is but one selfe same lande yet the heire hath seueral rights thereunto growing at seuerall times th one as heire to his father thother as heire to his mother in regarde whereof he hath seuerall times Plow 367. b. So if the husband maketh a feoffement of his wiues lands vpon condition which is broken he leuieth a fine with c. the husband hath issue by his wife and dieth the first v. yeres passe and then the wife dieth the heire is barred of his entrie for the condition as heire to his father but shal haue v. yeres after the death of his father to claime c. because it is a title differing from that which did discend from his father accrueing to him first by the death of his mother Plo. 367. a. Estrangers to fines hauing neither present nor future right to the tenements in the fine at the leuying thereof but onely vnto rents common c. issuing out of the same ANd Estrangers to fines hauing neither present nor future right to Sect 190 the tenements in
S. habet de dono praedict ' G. pro hac recognÌ„ fine concordia idem S. concessit praed ' G. I. praed ' manerium cum pertinentijs illud eis reddidit in eadem curia habend ' tenend ' eisd ' G. I. hered ' quos ideÌ„ Render in taile G. de corope ipsius I. procreauerit de praed ' S. hered ' suis imperpetuum reddend ' inde per annuâ— vnam rosam ad festum Nat. SctÌ„ Io. BaptÌ„ Forteine seruice pro omni seruitio considerac ' exactione ad praed ' S. hered ' suos pertinenÌ„ Et faciend ' inde capital ' dominis feodi illius pro praed ' S. hered ' suis omnia alia seruitia que ad illud manerium pertinent Et si contingat RemÌ„ in taile qnod praed ' G. obierit sine hered ' de corpore ipsius I. procreatÌ„ tunc post decessumipsorum G. I. manerÌ„ praed ' cum pertinenÌ„ integre remanebit W. fratri eiusdem G. hered ' de corpore suo procreatÌ„ tenend ' de pÌ„dictÌ„ S. et hered ' suis per praedict ' seruitia sicut praed ' est imperpetuum Et si contingat quod praed ' W. obierit sine herede de corpore suo procreato tunc post decessum ipsius W. praedict ' manerium cum pertinenÌ„ integreremanebit I. fratri eiusdeÌ„ W. heredi de corpore suo procreatÌ„ tenend ' de praedict ' S. hered ' suis per praedict ' seruitia sicut praed ' est imperpetuum Et si contingat qvod praeÄ‘ I. obierit sine herede de corpore suo procreato tunc post decessum ipsius I. praed ' manerÌ„ cum pertinenÌ„ integre remanebit E. fratrieiusdem I. herÌ„ de corpore suo procreatÌ„ tenend ' de praed ' S. heredibus suis per praedict ' seruitia sicut pÌ„d ' est imperpetuum Et si contingat quod praed ' E. obiret sine herede de Reâ—erter corpore suo procreato tunc post decessum ipsius E. praeÄ‘ manerium cuÌ„ pertinÌ„ integre reuertatur ad praed ' S. hered ' suos quietÌ„ de alijs hered ' ipsorum G. I. W. I. E. tenenÄ‘ de capitalibus dnÌ„is feodi illius per seruitia que ad illud manerium pertinent imperpetuum A Mittimus REx Iusticiarijs de banco salutem Mittimus vobis sub pede sigilli Sect ' 195. nostri c. vel sic Transcriptum pedis vel sic Tenorem pedis cuiusdam finis leuati in curia dnÌ„i Edw. nuper Reg. Angl ' aui noostri annÌ„ regni sui decimo coram W. socijs suis tunc lusticiarijs ipsius aui nostri de banco apud W. per breue nrÌ„m inter I. querenteÌ„ W. deforciantem de tanto c. quod vel quem coram nobis in Cancellaria nostrÌ„ venire fecimus vobis mittimus sub pedi sigilli nostri vt in loquela que est coram vobis per breue nostrum inter I. filium I. petenteÌ„ E. tenentem de eod ' mess c. securius procedere valeatis c. T. c. A Mittimus for the foote of a Fine Rex Balliuis suis S. salutem Quia in leuatione diuersorum finium coram I. S. W. W. nuper balliuis ville S. inter W. R. M. vxorÌ„ eius querÌ„ W. T. Capellanum deforc ' de octÌ„ messuagijs c. deceÌ„ solidatÌ„ redditÌ„ cum pertinentijs in S. Anno c. iuxta libertates burgensibus villae praedictÌ„ per chartas progenitorum nostrorum quondam regum Ang. concess leuatÌ„ â—rror interuenit manifestus sicut per inspectionem tenorum finÌ„ium pâ—edict ' necâ—on recordi processus leuationis eorundem quae â—oram nobis postea ad sectam W. M. et H. W. de S. consanguineorum Error by the heire vpon a fine et haered ' praedict ' M. venire fecimus nobis constat Et nos in curia nrÌ„a coram nobis ob errores in leuatione finium praedictÌ„ ac â—n recordo processu â—orundem comê‘tos considerauimus qd ' pedes finium pÌ„dict ' a filaâ—ijs finium pÌ„dictÌ„ extrahantur cancellentur Et ideo vobis man damus qd ' pedes finium praed ' qui in custodia vestra existunt mittatis coram nobis tali die vbiâ—unque c. cancelland ' iuxta consid ' nostram supradictam Et habeatis ibi hoc breue T. c. Whether any but he which reuerseth a fine may reape benefit thereby IF the estate conâ—eined iâ— a fine be once within fiâ—e yeares after proclamations Sect. 196. lawfully defeated That partie hath thereby lost his whole estate both against him which did reuerse the same and all others which had right or title peramont and made no claime within the fiue yeares Alâ—eit he which brought his action haue not iudgement execution within 7. yeares after the proclamations Pâ—o. fol. 358. b. In like maner if there bâ— tenant for life the remainder for life the remainder in fee the first tenaÌ„t for life alien the alienee leuie a fine with proclamations the second tenant for life enter or claime as he may he defeateth the fine against himselfe and him in the remainder also Plowd fol. 359. a. 7. Eliz. Warrantia chartae A Writ of Warrantia charte lieâ—h where a man by deed of graunt Sect. 197. feoffement releas or confirmation or fine or by exchange bindeth himselfe and his heires to warrant the lande to an other who beyng tenant of the land is impleaded for the land or rent out of the same in an Assisâ— or writ of 〈◊〉 in 〈◊〉 of an Assiâ—e or in a Scire facias vpoÌ„ a fine or in any other action reall wherein the tenant may not vouch he may sue a Warrantia chartae against him his heirs which made warrantie And for a tenant by homage auncestrel or any particuler tenant vpon reseruation of rent or for egalty of seruices vpon particion Fitz. Nat. f. 1â—4 d. f. g. h. Fitz. Nat. 135. e. 31. E. 3. 8. E. 4. 11. Rex c quod iuste c. waâ—antizet D. vnuâ—fi messuagium cum ê‘tinentijs Briefe de Warrantia chartae in R. qd ' tenet dâ— eo tâ—nere claâ—nat vnde chartam suam habet vt dicit Et si c. vel sic Manerium de N. cum pertinentiis aduocationem eiusdem villae quae tenet c. vsque ibi vnde chartaÌ„ suam habet vel chartam R. patris vel matris vel alterius antecessoris praedicti H. cuius haeres ipse est vt dicit Et nisi c. vel De eo quod idem A. waâ—antizet praefato D. maneria de N. K. hundreda de F. et G. cum pertinentijs aduocationem Ecclesiae de N. ideo vobis mandamus c. But if a man in feoffe an other with warrantie by â—eede and the feoffee
infeoffe an other and take estate from him in fee the first warrantie is determined because he is now in of a new estate Fitz. nat fol. 135. a. So if A. disseise B. and infeoffe C. with warrantie who infeoffeth D. with warrantie vpon whom an estranger eâ—treth in whâ—se possession B. the disseisor releaseth his right now all former warranties are extinct And albeit D. is impleaded yet shall he not haue Warrantia chartae because he is in of an other estate by wrong Fitz. nat 135. g. 21. H. 6. 41. 22. H. 6. 22. If there be three IointenaÌ„ts and th one release to the rest they may Releas per Iointenants deraigne the former warrantie by voucher or Warrantia chartae for they be in a third part by the release 40. E. 3. 41. Warrantia chartae lyeth against a villein 48. E. 3. 17. Villenage The writ of WarrÌ„ chaâ—tae must be sued haÌ„ging the principal plea before iudgement as of Assise or Entre in nature of assise 48. E. 3. 22. RegistrÌ„ orig ' f. 158. a. for then if the warrenter do die yet the writ shal not abate but his heire shal be resummoned to answere vpon the same yet may a Warr ' chartae be sued before he be impleaded quia timet implacitari the bl shal recouer in valne ê“ loco tempore of such lands as the defendaÌ„t had at the purchasing of the writ Fitz. na f. 134. k. 12. H. 4. 12. 21. H. 6. 41. 22. H. 6. 22. 24. E. 3. 35. But he must not haue executioÌ„ but if afterwards he be put out by iudgemeÌ„t he shal haue his warranty vpoÌ„ his first recouery 21. H. 6. 41. 21. H. 6. 22. 12. H. 4. 12. In WarrÌ„ chartae it is a good plea for the defendaÌ„t that hanging the Nontenure plea the demandant in the principall plee hath entred vpon the plaintife being then tenant of the land or that the plaintife in this actioÌ„ had nothing in the land the day of the fist writ purchased nor at any time after 21. H. 6. 49. 3. E. 3. 45. E. 3. 5. Warr ' chartae may be brought in any countie if the deed beare not Countie date in a place certen 31. E. 3. Tenants in commen may ioyne in Warr ' Chartae 28. E. 3. 90. Tenant in comen I. H. fil' haerÌ„ Isabel ' quae fuit vxor R. sumÌ„ fuit ad respond ' I. T. I. vxori eius de placito quod warrÌ„ eis vnum mesuag ' cum pertinentijs Count per Baron femme sur fine oâ—e garrÌ„ in S. quod de â—o tenet de â—o tenere clamÌ„ vnde cartam Isabel ' magistris praedict ' I. H. cuius heres ipse est habet c. Et vnde c. dic ' quod quidam finis leuauit in curia domini reg ' nunc in oct ' S. Hill ' annÌ„ c coram T. B. socijs suis tunc Iustiâ— ' ipsius domini regis de banco intÌ„ ipsos I. T. I. querÌ„ R. de B. praed ' Isabel ' adtunc vxorÌ„ eius deforc ' Inter alia per nomen Finis de reuersion de mes praed ' cuÌ„ pertinÌ„ inter alias tÌ„ras tenemÌ„ta per nomen c. cuÌ„ pertinÌ„ in S. in comÌ„ pÌ„d ' per queÌ„ fineÌ„ praed ' R. I. concesserunt pro se haered ' ipsius I. qd ' quatuor acrÌ„ terr' cum pertinentÌ„ de pÌ„d ' tenemeÌ„tÌ„ quas G. et M. vxor eius tenuerunt ad tÌ„minum vitae ipsius M. de haereditatÌ„ pÌ„d ' Isab in S praed ' die qua haec concordia facta fuit et quae post decessum ipsius M. ad pÌ„d ' R. et I. et her ' ipsius Isab reuerti debuerunt post decessum ipsius M. integre remanereÌ„t praed ' I. et I. et haered ' suis praed ' tenend ' simul cum praed ' tenementÌ„ quae eis per finem illum remanserant de praed ' R. Isab haered ' ipsius I. praed ' seruic ' sicut praed ' est imperpetuum Et ijdem R. Is similiter concesserunt pro se haeredibus ipsius I. qd ' ipsi warr ' praedict ' I. et I. et haered ' suis predict ' praed ' tenementÌ„ cum pertinentÌ„ sicut praedictÌ„ est contra omnes homines imperpetuum Et si contingeret quod ijdem I. I. obirent sine haered ' de corporibus suis exeuntibus tunc post decessum ipsoruÌ„ I. I. praed ' tenementÌ„ Tayle cum pertinentÌ„ sicut praedict ' est integre reuerterentur ad praedict ' R. I. et hered ' ipsius I. quieta de alijs haeredibus predict ' I. et I. tenendum de capitalibus dominis feodi illius per seruicia quae ad pred' tenementÌ„ pertinent imperpetuuÌ„ praed ' R. et I. postea obierunt ê‘ qd ' ad ipsos I. T. I. pertinuit habend ' de praefatÌ„ I. H. vt fil' et hered ' ipsius I. warr ' suam preÄ‘ Ac quidam I R. arrainÌ„ quanda assisam noue disseisin ' coram T. W. et I. Iustic ' domini reg ' nunc ad assisas in comÌ„ praed ' capiend ' assign ' versus ipsos I. T. et I. de praed ' tenementis ijdem I. T. I. saepius requisierunt ipsum I. H vt fil' hered ' ipsius Isab ad warrÌ„ eisdem I. T. et I. praed ' tenementÌ„ et idem I. H. tenementÌ„ illa sic warrÌ„ coÌ„tradixit adhuc contradicit vnde dic ' qd ' deterioratÌ„ sunt damnum habent ad valenc ' 100. li. Et inde produc ' sect ' c. I. T. sumÌ„ fuit ad respoÌ„dend ' H. W. de placito quod ei vnum mes c. Count sur fait oue garrÌ„ cum pertinentÌ„ in B. quae de eo tenet de eo tenere clamat vnde cartÌ„ suam habet vnde c. dic ' quod cum praed ' I. seisitÌ„ fuisset de tenementÌ„ pÌ„d ' cum pertinÌ„ in dnÌ„ico suo vt de feodo sic inde seisitÌ„ per quaÌ„dam cartÌ„ suam quam ideÌ„ H. hic in curia ê“fert cuius datÌ„ est apud B. tali die anno c. dedisset concessisset et confirmasset eidem H. tenementa Inter alia per nomen praed ' cum ê‘tinenÌ„ inter alia terrÌ„ c. per nomeÌ„ vt in carta c. habend ' eid ' H. haered ' et assignatÌ„ suis imperpetuum obligasset se hered ' suos ad warrÌ„ eid ' H. hered ' assignatÌ„ suis tenÌ„ta praed ' cuÌ„ pertinÌ„ contra oeÌ„s hoiÌ„es imperpetuuÌ„ Ac idem H. virtute doni illius de tenÌ„tis pÌ„d ' seisitus fuisset in dominico suo vt de feodo quidamque T. arrainÌ„ vers ipsum H. quandaÌ„ assisam noue disseisine de praed ' mess terrÌ„ cum ê‘tinÌ„ coraÌ„ I. M. I.
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
quietly inioy to him and his heires for euer the said parcel or quantitie of ground containing by estimation two acres lying and being on the North side of the riuer of D. directly ouer against the said Mill and demesne lands of the said T. R. in T. aforesaid as it is now bounded and meared foorth with stones by the said Arbitrators And shall also haue and may take to his and their owne proper vse all the trees now standing or beyng or that hereafter shall growe in and vpon the saide grounde and all other profites and commodities comming off and vpon the saide ground onely the thornes briars and herbage excepted and foreprised with free libertie entrie and passage for the felling hewing leading carrying away and taking of the same trees and all other the said profits and commodities except before excepted at all and euery time and times hereafter at his and their pleasure And that the said T. R. his heires and assignes and all and euery other person and persons that shall come and bring any corne to the Mill of the said T. R. called T. Mill from the said townes villages hamlets or any other place inhabited shall haue free libertie waies and passage for the carrying fetching and bringing of their corne to the said Mill aswell ouer and through the said parcell of ground set foorth and meared as is aforesaid as also through and ouer other the grounds of the said L. M. in K. aforesaid in as ample and large manner and forme as the inhabitants of the said townes villages and hamlets or other places haue beene accustomed and vsed to do at any time heretofore and as it is now most commonly vsed ✿ And shall and may tie and fasten any their horses mares or other beasts wherewith they carrie any corne to the said Mill to any tree growing or other thing beyng in and vpon the said ground so that the string corde or rope exceed not the length of foure whole yards at the most ✿ And that the said T. R. his heires and assignes shall and may lawfully at all and euery time and times so oft as need shall require amend and repaire all and singuler the waies and euery part thereof for the ease sauegard and passage of the inhabitants of the said townes villages hamlets and places inhabited coÌ„ming and going to and from the said Mill without any let trouble vexation or contradiction of the said L. M. his heires or assignes or any of them And that the said L. M. his heires and assignes shall at all times within â—he space of two yeares next ensuing the date hereof doe make knowledge and suffer or cause to be made knowledged and suffered all and euery act and actes thing and things as shal be reasonably deuised or aduised by the said T. R. his heirs or assignes or his or their learned counsell at the onely proper costes and charges in all things of the said T. R. his heires or assignes for the further and better assurance and sure making aswell of the said parcell or quantity of ground containing about two acres as also of the said waies in maner forme before expressed vnto the said T. R. his heires and assignes for euer according to the true effect meaning and purport of these presents In consideration whereof it is further ordained awarded deemed and iudged by the said Arbitrators ✿ And the said T. R. doth so couenant c. that he the said L. M. his heirs and assignes shall and may haue take and enioy onely the grasse herbage with the thornes and briers yearly growing or being in or vpon the said parcell or quantity of ground so bounded or set foorth as is aforesaid And in further consideration of the premisses the said T. R. hath paied to the said L. M. at the insealing hereof at the request of the said Arbitrators the summe of xx pounds c. ✿ In witnesse whereof not onely the said parties to these present Indentures of award interchangeable haue put their seales and subscribed their names But also the said Arbitrators to both the parts of these Indentures haue put their seales and subscribed their names the day and the yeare c. An other Arbitrement of debte where the parties are bound to performe it TO all true Christian people to whome this present writing of award Sect. 46. indented shall come G. W. G. N. S. S. and T. N. of c. send greeting in our Lord God euerlasting Whereas diuers suites c. betweene T. W. and I. S. of c. For pacifying ordering and ending whereof the said T. W. and I. S. haue bound themselues either to other in the summe of a M. l of lawfull English money by their seuerall obligations bearing date c. with conditions there vnder written to stand to c. vt supra of the said G. J. S. and T. Arbitrators indifferently elected and chosen aswell vpon the part and behalfe of the said I. S. as of the said T. W. to award arbitrate order rule iudge end determine al and al maner of suites debts actions controuersies debates and demaundes whatsoeuer depending betweene the said I. S. and the said T. W. and W. W. his sonne and heire So that the said award were made and giuen vp in writing vnder the hands and seales of all the said Arbitrators at or before the c. at c. as by the saide obligations and conditions amongst other thinges doeth and may appeare ✿ Know you now that the said G. I. S. T. taking vpon them the charge and burden of the said award hauing deliberately heard the griefes allegations proofes of both the said parties do by these presents arbitrate award order deeme iudge of and concerâ—ing the premisses in maner forme following that is to say ✿ First they do award order deeme iudge by these presents that the said I. S. his executors or administrators or some of theÌ„ shal wel and truly pay or cause to be paid vnto the said T. W. or his certain Atturney exec or administr or some of them at or before the c. at or in the c. 200. li. of c. and at or before the c. other 200. li. of c. in full satisfaction of 400. li. For paiment whereof the said I. S. stood bound to the said T. W. in and by fower seuerall Obligations whereof two are already forfaited as thereby may appeare ✿ Also the said Arbitrators do award order c. that the said I. S. his exec administr or some of them at their or some of their costs and charges shall before the c. cause procure that all suits bils plaints and informations heretofore commenced against the said T. W. in any court or courts whatsoeuer either by or in the name of the said I. S. or by or in the name of H. S. his sonne or by or in the name of our Soueraigne Lady the Q. Maiestie
by these presents in reliefe ease of the said F. M. that if the said F. M. his c. or any of them do well and truely pay or cause to be paied the said sum of 160. l according to the true meaning of this present award And if the said L. S. his heirs c. or some of them shall not well truely satisfie content pay vnto the said T. G. his c. the said seuerall sums aboue in this awarde appointed to be payed by the said F. M. before the seuerall daies herein aboue mentioned That then at all times after any such default of paiment so to be made by the said L. S. his c. the said T. G. his c. shall permit and suffer the said F. M. his executors and administrators euery of them at the costs charges of the said F. M. his exec and administ effectually to prosecute or cause to be prosecuted all and euery such execution and executions vpon the said iudgement so had for the said T. G. against the said L. S. as to them or any of them or the learned counsell of them or any of them shall seeme good And all and euery summe and sums of money thereby to be obtained to take and conuert to the only proper vse and behalfe of the said F. M. his exec administr without any accompt recompence or payment thereof or therefore to be yeelded or made to the said T. G. his c. or any of them any thing in this present award contained c. notwithstanding ✿ In witnes whereof the said Earle to both the partes of this present award hath set his hand and seale Dated c. All such couenants conditions as be vsually made for the assuraÌ„ce or enioying of lands or tenements goods and chattels may be inserted into awards as shall seeme good vnto the arbitrators or parties Of notice of the arbitrement AND when the arbitrators haue made their award according to Sect. 48. the submission albeit perchance they be not bound to giue notice thereof to the parties yet it seemeth very requisite that they should in due time before that eyther party be to performe any part thereof notifie the same vnto them least otherwise they might breake their boÌ„ds or couenants in that behalfe if any such be before they know the same Notwithstanding that the booke in 8. Edw. 4. 1. 9. be doubtfull in that point The finall cause and effects of Arbitrements ANd thus by that which hath bin discoursed it sufficiently appeareth Sect. 49. as we thinke that the scope and end of arbitrements and other iudgments is all one And chiefly the finall determination of strifâ— suit and controuersie 19. H. 6. 36. And so consequently their effects be almost equall But the lawes seeme more fauourable to arbitrements then other iudgments in so much as by arbitrators the strict course and tedious ceremonies of law suits which are most commonly wont to wearie suters and picke their purses are cut off and shorter decisions by them made with little or no cost at all Wee differ to shew how arbitrements may be pleaded in barre of other actions vntill we come to their fit place amongst our presidents of pleadings and so end this treatise An Award made by an Arbitrator touching copyhold land betweene an Alderman of London and an other TO all Christen people to whom this present writing of award indented Sect. 50. shall come H. T. of Lincolns Inne in the countie of Middlesex Esquier sendeth greeting in our Lord God euerlasting Whereas suite variance and debate heretofore hath beene and yet is had moued and depending as well in the Queenes Maiesties Court of Requests as in diuers other Courts betweene R. H. Citizen and Alderman of London of the one partie and R. E. of K. in the countie of M. Yeoman of the other partie of for and concerning the right title vse interest and possession of diuers lands tenements hereditameÌ„ts with the appurtenances lying and being in K. within the manor or Lordship of T. within the said Countie of M. and containing by estimation about 200. acres of land meadow pasture and wood commonly called or knowne by the name of Hebines land for the appeasing final end and determinaâ—ion of all which said suites variances and debates the parties aforesaid haue submitted compromitted themselues to stand to obay and performe the arbitrament ordinaunce dome and iudgemeÌ„t of me the said H. T. Arbitrator indifferently elected named and chosen by both the said parties indifferently to arbitrate order deeme awarde and Iudge as well of for and concerning the estate right title interest vse and possession of all and singuler the said premisses and euery parte and parcell thereof as also of for and vpon all maner of acâ—ions suites quarels debts debates trespasses and demaunds whatsoeuer heretofore had moued stirred or depending betweene the said parties from the beginning of the worlde vntill the twentie day of Nouember last past as by their seuerall writings obligatorie wherein eyther of the said parties stand bounden to the other of the same parties in the summe of two hundred pounds bearing date the said 20. daie of Nouember and made for the true performaunce of the said award more at large it doth and may appeare Wherupon the said H. T. hauing taken vpon him the charge and burden of the said Arbitramenâ— And hauing present before him both the said parties hauing also very aduisedly and deliberatly weighed and considered the titles claimes allegaâ—ions and proofes of either of the said parties to the said premisses And vpon sight and due consideration of all the euidences writings and proofes shewed and made before me the said H. T. by both the said parties do award arbitrate order deeme iudge of the premisses in maner and forme following That is to say First I the said Arbitrator do award deeme order Iudge that the said R. E. or his heires at al times within 3. yeares next ensuing the date of these presents vpon lawfull reasonable warning by the Steward Bailife or Reeue of the said manor of T. for the time being shall at the next Court so to be holden then next after such warning had surrender and giue vp into the hands of the said R. H. his heires or assignes in open Court according to the custome of the said Manor to the vse of the said R. H. and his heires for euer all singuler the aforesaid lands tenements and hereditaments hereafter in these presents mencioned expressed and declared That is to wit one mansion or dwelling house wherin the said R. E. now dwelleth with all edifices buildings c. And furthermore I the said H. T. do award ordaine deeme and Iudge by these presents that the said R. H. his heires or assignes at the said Court where and when the said surrender shal be so made shall assure and conuay vnto the said R. E. or to his
heires that shall so surrender the premisses as aforesaid by copie of Court Rolle according to the custome of the said Manor or otherwise as by the said â— E. his heires and assignes or any of them or by his or their learned counsell shal be reasonably deuised or aduised at the proper costes and charges of the said R. E. his heires assignes not altering by the said assuraunce or assuraunces so to be deuised or aduised as is aforesaid any custome libertie or iurisdiction of the said Lordship manor or other the premisses with all and singuler the said lands tenements and hereditaments and al other the premisses with their appurtenances whatsoeuer before by these presents ordered and iudged to be surrendred as is aforesaid foure acres of land now in the occupacion of c. parcell of the premisses to be chosen by the said R. H. c. only excepted foreprised To haue to hold the same lands tenemeÌ„ts all other the premisses with the appâ—rtenances except before excepted vnto the said R. E. to his heires males incorrupt within the 4. degree of consanguinitie according to the ancient custome of the said manors And if it happen that the said R. E. do deceâ—â—â— before the said surrender made as is aforesaid Then to haue to hold the said premisses with the appurtenances to the heires of the said R. E. which so shall surrender the same to his heires males incorrupt within the 4. degree of consanguinitie c. An Awarde reciting that either of the parties stand bound to other to performe the award And that the award is made before the prefixed time in the Obligations and with the full consent of both the parties TO all christian people to whom this present writing indented of award Sect 51. shal come R. W. and R. C. send greeting in our Lord God euerlasting Know ye that whereas variance strife debate and controuersie hath heretofore bin had moued and stirred betweene A. B. of C. and D. E. of E. of for and concerning the right title interest vse possession and occupation of c. for the appeasing ending whereof either of the said parties by their mutual assents consents agreements haue submitted compromitted and bound themselues either to other by their seueral writings obligatory bearing date c. in the suume of c. to stand too abide obey obserue performe fulfill and keepe the award arbitrement ordinance dome and iudgment of vs c. Arbitrators indifferently elect and chosen betweene the said parties of and for the premisses as by the said seueral obligations with condition for the performance therof more at large appeareth Whereupon we the said Arbitrators taking vpon vs the labour busines and charge of the same award and willing to set the said parties at a final peace vnitie and concord for and concerning the premisses haue by good aduise deliberation seene heard and throughly examined both their titles allegations euidences and proues in and to the said premisses and thereupon before the day and time appointed vnto vs by the said obligations for the making giuing vp and finishing And finishing of the said award wee the said Arbitrators by and with the full assent consent and agrement of both the said parties do make publish declare and giue vp this our present award betweene the said parties of for and concerning the premisses in manor forme following First we award ordaine deeme and iudge that c. Also we awarde c. And finally we award ordeine deeme and iudge c. In witnesse whereof we the said Atbitrators and also both the said parties to to the award haue interchangeably put our hands and seales the x. day of M. in the xx yere of the raigne of our Soueraigne Lady Elizabeth by the grace of God of England France and Ireland Queene defendor of the faith c. SYMBOLEOGRAPHY Of the Chauncerie Proceedings in the same and Supplications Billes and Aunsweres The Chauncerie SEing by Gods fauor we intend somewhat to Sect 1. discourse of the maner of proceeding in Chancerie suits and to set downe some Presidents thereof to the performing whereof it seemeth requisite first to vnfold the nature of Equitie Conscience the rigor of the common Lawes of this Realme as the proper obiect or matter whereabout such suites are for the most part occupied to the end it may with the more facilitie be vnderstood how and when such suits are fitly to be taken in hand Therefore we wil first speak of Summum ius which oftentimes precisely regardeth the verie letter and words of the common Lawes for remedie whereof parties grieued pray aide of this honorable Court of Chauncerie to bridle extremitie and reduce such rigor to Equitie and Conscience Of strict or precise Law which is called Ius summum ARistotle calleth it Eract or precise Law because that if it haue Sect 2. no allay in it to qualifie the harshnes seuerity of it it is vnpleasant and sower in tast and repugnant to Equitie And Budaeus saith that this word strict and precise Law is a word which amongst the Ciuilians signifieth verie hard law exact and ful of rigor and almost vniust For they that writ of the Law make these words strict Law and Equitie opposite the one to the other thus farre Budaeus The Lawiers do also tearme it Ius subtile subtil Law Other Lawiers do tearme it Summum Ius Law in the highest degree or most exact and it is so taken of them when men stand more vpon the letter of the Law then vpon the meaning of the writer or maker of the Law In which behalfe it so falleth out oft times that vnder a colour of knowledge of the Lawes many grosse and dangerous errors be committed Corasius Missel li. 2. ca. 8. Nu. 12. Oldendorpius deuideth this Ius summum or Law in the highest degree into two branches the one proper the other improper Law in the highest degree so properly termed or taken is an vndoubted infallible rule of honestie which may generally without exception be put in executioÌ„ in any coÌ„mon weale whether it be originally grouÌ„ded vpon the Law of Nature or vpon the Law of Nations For examples whereof you may take all the rules and principles of the Law for these rules and principles of the Law do in their kind most strictly and exactly define and bound out the matter which thâ—y handle barely and nakedly without any regard of circumstances of the fact that may fal out of which sort of rules are these Keepe thy word hurt no man these are general rules of Law in the highest degree so righteous and full of Iustice in their kind that by the Law of Nature it selfe better and more rightfull cannot be giuen Li. 1. F. de pactis But here you see no respect had to any circumstance of your worde or hurting for this point belongeth to Equity or the Court of Conscience which with vs is called
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.
he giue him day to replie By which day if he do not replie the defendant may procure a dismission and get costes Et dicta videtur Replicatio quod vel implicatam quasi tectam exceptionis iniquitatem replicet patefaciat vel potius quod equitatem actionisab excipiente rei tectam quasi complicatam explicet atque aperiat Hottamanus And a title of a Replication is thus The Replication of W. P. Complainant to the answere of R. C. defendant What a Reioinder is A Reioinder is thanswere which the defendant maketh to the plaintifes Sect. 66. replication which must pursue and confirme his aunswere and not swarue from the same and sufficiently confesse and auoide denie or trauerse each materiall part of the plaintifes replication Est autem reiunctio seu duplicatio vel allegatio quae datur reo ad infirmandum replicationem actoris confirmandum exceptionem rei Spieg. If the parties be not at issue by reason of some new matter disclosed in the defendants reioinder that requireth aunswere Then may the plaintife Surreioine to the said reioinder and the defendant in like maner to the Surreioinder if there be cause which happeneth verie seldome And the title of a Reioinder is thus The reioinder of C. A. defendant to the Replication of E. W complainant What a Surreioinder is A Surreioinder is a second defence of the plaintifes action opposite Sect ' 67. to the defendants reioinder And therefore Hottamanus calleth it Triplicatio quae est secunda actionis defensio contra rei duplicationem opposita And thus is the title of a Surreioinder The Surreioinder of E. W. complainant to the Reioinder of C. A. defendant A Bill of complaint for entring into and making secret estates of Copyhold lands wasting part therof mingling part therof with the lands of others to disinherite the Plaintife by hauing the Copies therof HVmbly complayning sheweth vnto your Honorable L. H. E. of Sect ' 68. B. in the Countie of Yorke Esqu That whereas H. E. late of S. Esquier deceased father to your Orator was in his life time by good and lawfull conueyance and assurance in the law lawfully seised to him and to his heires in fee simple according to the Custome of the manor of W. in the said Countie of Y. of one Copyhold or Customarie mesuage or tenement and of certaine Customarie lands meadowes and pasture to the quantitie of one hundred acres or thereabouts And the said H. E. your Orators father so being thereof seised as aforesaid and being visited with sicknes during the minoritie of your said Orator by good and lawfull conueyance and assurance in the law and according to the custome of the said manor of W. did conuey assure and surrender the said Copyhold or customarie mesuage or tenements and other the premisses with the appurtenances into the hands of A. B. the Lord of the said manor for the better maintenance and to the vse of your said Orator To haue and to hold to your said Orator and to his heires and assignes at the will of the Lord according to the custome of the said manor By force whereof your honors sayd Orator in the Court of the said manor paied his fine and was of the said Copyhold Customary tenements with the appurtenances by the then Steward of the said manor of W. admitted tenant But so it is if it may please your honor that all the Euidences and Copies of and concerning the said mesuage lands tenements and premisses being left in the hands custodie and possession of your Orators said father whilest he liued in right belonging vnto your Lordships said Orator are now by casuall and sinister meanes comen to the hands and possession of one H. H. of O. in the said Countie of Y. who by colour of the hauing thereof hath wrongfully entred into the said mesuage lands and premisses aforesaid and hath made and conueyed vnto himselfe and to others to his vse diuers and sundry secret estates thereof and doth pretend wholie to disinherite your Lordships said Orator of the same notwithstanding your said Orator hath by diuers and sundry meanes in friendly maner oftentimes sought to haue the said Euidences and Copyes and requested the same at the hands of the said H. H. and also that he would yeld vnto your said Orator the quiet possession of the said mesuage lands and premisses to whom he doth well know the same in right to belong and appertaine yet that to do he hath not onely denyed and refused and still doth denie and refuse to do the same But of his further malice against your said Orator he doth threaten your Orator in such sort that your Orator for want of the said Euidences and Copyes dareth not make his iust and lawfull entrie in and to the same And also the said H. hath committed and doth continue daily great and outragious wastes and spoyles in decaying of the houses felling downe of the wood and tymber trees of the premisses to your Orators great losse and disinherison and contrarie to all right equitie and good conscience In tender consideration whereof and forasmuch as by the strict course of the common Lawes of this Realme your Lordships said Orator hath not any ordinarie remedie for the obteyning and recouering of the said Euidences and Copyes for want of the certeine knowledge of the contents and dates thereof and what in them be conteyned neyther can your Orator learne against whom to commence any suit for the said mesuage lands and premisses for that the said H. H. and others to your Orator altogether vnknowen haue confederated them selues together against your said Orator and haue contriued and made amongst them selues diuers secreat estates conueyances and haue so intermingled the same to and with other lands tenements and hereditaments to and with certeine of their owne freehold and inheritance that your Orator knoweth not which the same be nor how much thereof the said H. H. other his confederates do seuerally hold whereby to commence any action or suit or make any lawfull entrie into or for the same without your Orators great daunger And yet your Orator hopeth that vpon the corporall Oath of the said H. H. he will manifest such matter whereby your Orator may the more better easily and readily proceede and attaine to the recouering of his iust lawfull right and inheritance of the premisses For the furtherance whereof it may please your good Lordship to graunt vnto your said Orator her Maiesties most gratious writ of Subpena to be directed to the said H. H. commaunding him there by at a certaine day and vnder a certaine paine therein to be limitted personally to be and appeare in her Maiesties high Court of Chauncerie then and there to aunswere to the premisses c. The Answere of H. H. defendant to the Bill of complaint of H. E. complainant THe said defendant saith that the said bill of complaint against him Sect '
69. exhibited into this honorable Court is very incertaine vntrue and insufficient in the Law to be answered vnto by the said defendant for diuers and sundry apparant faults imperfections therein contained And deuised and exhibited into this honourable Court partly of malice and euill will without any iust cause conceiued against the said defendant to the intent thereby vniustly to vexe molest him with tedious trauell being an aged man and to put him vnto great expences being very poore But chiefely to thintent and purpose to wearie impouerish and terrifie him this defendant Neuerthelesse if by the order of this honorable Court this defendant shal be compelled to make any further or other aunswere vnto the said vntrue incertaine insufficient bil of complaint then and not otherwise the aduantage of exception thereof to this defendant at all and euerie time and times hereafter saued for further answere thereunto and for a full and plaine declaration of the trueth touching so much of the materiall contents of the said bill as in any sort concerneth this defendant He for himselfe saith that whereas the said complainant in his said bill alleageth that one H. E. his father deceased was in his life time by good and lawfull conueyance and assurance in the Law lawfully seised to him and his heires in fee simple according to the custome of the said manor of W. in the saide bill mentioned of one copyhold or customarie mesuage or tenement and of certaine customarie lands meadowes and pasture to the quantitie of an hundred acres or thereabouts and that he being thereof so seised and visited with sicknes during the minoritie of the said Complainant by good and lawfull conueiance and assurancein the Lawe and according to the Custome of the said manor of W. did conuey assure and surrender the same Copyhold or Customarie mesuage or tenement and other the premisses with the appurtenances thereunto belonging for his better maintenance to the vse of the said cōplainant To haue and to hold to the said complainant and to his heires and assignes at the will of the said Lord according to the custome of the said manor And that by force thereof the said complainant in the Court of the saide manor paid his fine and was of the said copyhold or customarie tenements with thappurtenances by the then steward of the said manor of W. admitted tenant He this defendant saith that to his knowledge the said H. E. late father of the said complainant was neuer either lawfully seised to him and to his heires according to the custome of the said manor of W. of the said tenements and premisses in the said bill mentioned by any good and lawfull conueyance and assurance in the law according to the custome of the said manor Nor did euer conuey assure and surrender the said customarie tenements and other the premisses to the vse of the said complainant his heires and assignes Neither did the said complainant euer pay his fine for the same in the saide court neither was he euer lawfully admitted tenant thereof as he the said complainant in his said bill vntruely pretendeth And whereas the said complainant in his said bill also pretendeth that the euidences and copies of and concerning the said mesuage lands tenements and premisses being left in the hands custody possession of the said complainants father whilest he liued in right belonging vnto this complainant are now by casuall meanes comen to the hands and possession of this defendant and that he by colour of the hauing thereof hath wrongfully entred into the said mesuage lands and premisses aforesaid and hath made conueyed to himselfe and to others to his vse diuers and sundry secret estates therein and doth pretend thereof wholly to disinherite the said complainant This defendant saith that none euidences or copies of or concerning the said mesuage tenements and premisses are by casuall meanes or otherwise come to the hands or possession of this defendant and that by colour of hauing thereof he this defendant neither wrongfully entred into the said mesuage tenements and premisses nor any part thereof neither hath he this defendant conueyed to himselfe or to any other person to his vse diuers and sundrie or anie secrete estates thereof neither doth he pretend thereof wholly to distinherite the said complaint as in the said bill it is vntruely alleaged without that that the said complainant by diuers and sundrie meanes in friendly manner hath oftentimes sought to haue the saideuidences and copies and requested the same at the handes of this defendant And also that he would yeeld vnto your said Orator the quiet possession of the said mesuage tenements and premisses or that he this defendant doth well know the same in right to belong vnto him the said complainant as in the said bill it is vntruely alleaged And without that y◠he this defendant of malice against the said complainant doth threaten him the said coōplainant in such sort that he for want of the said euidences dareth not make his iust lawfull entrie or claime to in the same premisses or that he the said defendant hath or could commit or doth or can continue daily committing great outragious wastes and spoiles in decaying of the houses and felling downe of the woods and timber trees of the premisses to the great losse and disherison of the said complainant and contrarie to all right equitie and good conscience as in and by his said bill of complaint he hath most vainely and vntruely alleaged For touching the said supposed threats this defendant saith that he is a verie feeble poore olde quiet man verie desirous of the fauour and good will of all men and therfore neither willing nor able by his threats to terrifie or feare the said complainant being a gentleman of worship power and liuing hauing many kinsfolkes alies friendes and seruants so that he this defendāt hath rather iust cause to be affraid of the said complainant then the said complainant to feare him And further touching the said wastes and spoyles this defendant saith that the said customarie or Copihold in W. aforesaid are holden of the manor of W. aforesaid And without that that the said complainant hath or euer had anie lawfull title to commence anie action or suite or to make anie entrie against or vpon this defendant for anie landes tenements or hereditaments in the said bill of complaint mentioned as it is therein vntruely alleaged And without that that this defendant can vpon his corporall Oath manifest such matter whereby the saide complainant may the more better easily and readily proceed and attain to the recouering of anie iust or lawfull right or inheritance or in anie other maner then in this answere is set downe as the said complainant vnwisely gesseth and most bainely hopeth as he in his said bill alleageth And without that that any other matter thing or things clause sentence article or allegation in the said bill of complaint conteined
' 95. said bill of complaint exhibited against these defendants into this most honorable Court is very certaine true and sufficient in the law to be answered vnto and not deuised and exhibited into his most honorable Court of malice and euill will without cause conceiued against the said C. C. one of the said defendants to thintent thereby to vexe and molest him his said wife and daughter with vniust trauell and expences as in the said answeres is vntruly alleaged Nor chiefly to thintent and purpose so to wearie and impouerish and terrifie the saide C. C. with such suites that he should neither be able nor willing to prosecute the law against the said complainant for diâ—ers great summes of money which he doth owe vnto him the said C. C. and vniustly detained from him but is exhibited vpon iust cause of suit as the said complainant doubteth not to make manifest and proue vnto this honorable court with that that the said def or some one of them by sinister practise instigation and perswasion did allure prouoke intice the said complainants wife to grow to some discord with the said complainant to essoine and conuey into their or some or one of their keepings the said money goods in the said bill of complaint mentioned promising that the same should be readie vsed for her vse and behoofe to the end that they might the better bring to passe indirectly to gaine or get into their or some or one of their custody possession the said money goods by that means to defeat defraud the said complainants thereof as in the said bill of coÌ„plaint is very truly alleaged And also with that that the said complainaÌ„ts wife did with violeÌ„ce break open some part of the said coÌ„plainants house at S. in the said bill mentioned his said chist there being locked did essoine steale imbeasil conuey away from the said coÌ„plainant seuerall sums of money diuers parcels of his goods houshold stuffe in the night season in the day time by the practise of the said def or some or one of them or of some other person or persons by their or some or one of their means as in the said bil of complaint is likewise very truly declared And with that that the said complainants wife did deliuer or cause to be deliuered the said money goods in the said bill of coÌ„plaint mentioned vnto the custody and possession of the said def or of some or one of them or of some other person or persons by their or some or one of their meanes or consent as likewise in the said bil of complaint is most truly alleaged And without that that there was cause why the said coÌ„plainant should vse speech communication with the said defendants or some or one of them touching the premisses require to haue the said mony goods essoined imbeasiled to be to him restored or to haue some recompence for the same And that the said defendants or some or one of them do conuert and dispose the said money and goods to their or some or one of their vses whereby the said complainant shall be vtterly defeated thereof to his great hinderance as in the saide Bill of complaint is likewise most truly alleaged without that that any other matter cause or thing materiall or effectuall in the said answeres contained to be by the said complainant replied vnto and herein not sufficiently replied vnto confessed and auoided c. A Bill far that the Defendant hath got the Plaintifes bill for payment of money by them into their hands and thereby meane to defraude him of the same HVmbly complaining sheweth vnto your good Lordship your daily Sect ' 96. Orator N. T. of T. in the Countie of D. yeoman That whereas about two yeares now last past your said Orator did sell vnto one I. M. G. W. P. T. alias S. and R. H. foure oxen and three kine for 14. pound of lawfull English money And at the same time made vnto your said Orator a Bill of their hands for the payment thereof at the feast of S. Michaell tharchangell last past But now so it is if it may please your L. that the said bill of 14. pound is by casuall meanes come vnto the hands and possession of the said I. M. G. W. P. T. alias S. and R. H. or of some of them who haue cancelled and defaced the same bill And therefore albeit they haue beene diuers times gently required by your said Orator to pay vnto him the said 14. pound so to him due yet that to doe they and euery of them haue hitherto denied and refused and yet doe denie and refuse to doe the same against all right equitie and good conscience In due consideration whereof and for that your said Orator hath no remedie to recouer the said 14. pound without the said bill by the common lawes of this Realme May it therefore please your good Lordship c. A Bill for wrongfull entering into Copyhold lands intailed detayning of them and of the writings of the same for wasting the same and concontriuing secret estates thereof IN most humble wise sheweth vnto your good L. your daily Orator Sect. 97. A. G. of D. in the Countie of D. That whereas one T. G. father vnto your said Orator was in his life time lawfully seised in his demesne as of fee taile to him and to his heires males of his body lawfully begotten of and in one mesuage or tenement with thappurtenances scituate lying and being in W. in the said Countie of D. And was likewise seised to him and the heires males of his body lawfully begotten of and in foure cottages three closes or pastures and eight acres of arrable land with their appurtenacces lying and being in W. aforesaid being customarie lands and holden of the Q. Matestie as of her highnesse manor of W. aforesaid at the will of the Lord according to the custome of the said manor And the said T. G. being of all and singuler the premisses with their and euery of their appurtenances so seised as aforesaid of such estate died thereof seised By and after whose death all and singuler the premisses with their appurtenances did discend vnto H. G. as sonne and next heire male of the bodie of the saide T. by force and vertue whereof the said H. entred into all and singuler the said premisses with their appurtenances and was thereof lawfully seised to him the heires males of his body lawfully begotten And he so being therof seised of such an estate died seised By after whose death all and singuler the said premisses with their appurtenances did discend and come to T. G. as sonne next heire male of the bodie of the said H. by force wherof he the said T. entred into al singuler the said premisses was thereof lawfully seised in his demesne as of fee taile to him and the heires males of
the bargaine and couenants therein contained they the said T. and G. being as is aforesaid vnder the age of one and twenty yeares at the time of the making thereof It may please your honorable Lordship the premisses considered to grant vnto him this complainant the Queenes Maiesties most gratious writ of Subpena to be directed to the said R. E. T. E. and G. E. and euery of them thereby commaunding them and euery of them at a certaine day and vnder a certaine paine therein by your good Lordship to be limitted to be and personally to appeare before your honorable Lordship in the Queenes Maiesties high Court of Chancery then and there to answere vnto the premisses and further to stand to and abide such order and direction therin as to your good L. vpon the hearing of the said cause shal seeme to be agreeable with right equity and good conscience c. A Bill against the heire for entring into lands deuised to the plaintife praying a Commission to examine witnesses in perpetuam rei memoriam HVmbly complaining sheweth vnto your good Lordshippe your Sect. 110. poore and distressed orator G. W. of N. in the County of N. yeoman That whereas W. W. deceased father vnto your said Orator was in his life time lawfully seised in his demesne as of fee of and in the manor and Capitall messuage of N. in the County of N. and of and in one farme set lying and being within the parish of W. in the said County of N. of diuers other lands tenements hereditaments in N. aforesaid And also whereas the said W. W. deceased was likewise in his life time lawfully seised in his demesne as of fee of in certaine ground and one tenement with the appurtenances set lying and being within the parish of C. in the Countie of D. and also of and in the rectorie and personage of C. alias C. within the said County of D. and of diuers other landes and tenements set lying and being in the countie of N. and D. and he so being of the said landes and tenements seised did by his last Will and Testament in writing deuise and bequeath vnto your said humble Orator and to the heires males of his bodie lawfully begotten certaine parcels of land of and in the saide Manor of N. that is to say one mansion house wherein your said poore Orator now inhabiteth and dwelleth one close commonly called B. containing by estimation two acres or thereaboutes one other close commonly called C. containing by estimatiō two acres or therabouts one other close commonly called the vpper S. all which seuerall parcels of land are scituate lying and being in N. as is aforesaid in the foresaid Countie of N. one messuage or tenement commonly called by the name of an oxgang scituate and being in W. in the said County of N. and also one tenement called the N. scituate lying and being in the Countie of D. and also one lease of the rectorie and personage of C. in the County of D. by vertue force of which said deuise and bequeath your said humble Orator entered into the said premisses and the saide issues and profits of the same hath perceiued receiued and taken to his owne profit vse and behoofe as lawfull was for himselfe to doe as he verely beleeueth But now so it is if it may please your honorable good Lordship hhat one R. W. brother to your said humble Orator as sonne and heire apparant to the said W. W. his father deceased hath taken away concealed and cancelled as it is thought the said last Will and Testament of your said Orators father and hath taken vpon him the administration of all the goods and chattels of your said Orators father reiecting and disanulling the said last Will and Testament made by your said Orators father as aforesaid to thintent only therby of set purpose malice and vnbrotherlike dealing to defraud expell depriue and disinherit your said Orator of his right title and interest of and in the said lands deuised to him as aforesaid and also doth threaten your foresaid Orator that he may at his pleasure relinquish and disanul the beforesaid last Will and Testament made by your foresaid Orators father as is aforesaid and did take the administration of all your said Orators fathers goods and chattels and entred into all his said landes as is aforesaid contrarie vnto all right equity and good conscience and not christianlike but vnbrotherlike dealing and contrarie to the true intent and good meaning of your foresaid Orators Fathers Will made as is aforesaid vnlesse your good Lordship doe according vnto your accustomed goodnesse extend your clemency and pitty in that behalfe to your poore Orator In consideration whereof the premisses considered and for as much as the title of your said Orator by reason of the vndirect practise vsed as aforesaid in concealing cancelling and relinquishing the said last Will as aforesaid doth greatly depend vpon the witnesse and testimony of certaine persons dwelling within the County of N to prooue the true meaning of your said orators fathers Wil which are of great yeares and also very impotent not like long to liue nor yet able to trauell to this honorable Court to be examined for the testifying of the trueth touching the premisses as by common order appertaineth And also for that in time the said witnesses may die and by meanes thereof your said Orator may be in danger to sustaine disinherison of the premisses May it therefore please your good Lordship to grant the Queens c. A Bill for refusing to receiue the Plaintifes rent according to an order and taking of forfeiture of a bonde made for payment of the rent HVmbly complaining sheweth to your good Lo. your daily Orator Sect ' 111. I. T. of G. in the County of N. yeoman that whereas one I. K. of W. in the County of Yorke Miller pretended as in the right of his wife to be owner of a certaine messuage in E. in the County of N. aforesaid and of certaine land meadow and pasture thereuuto belonging and lying within the fields of E. aforesaid and the said I. R. so pretēding himselfe in the right of his said wife to be seised as is aforesaid about the 19. or 20. yeare of the Queenes Maiesties most gratious Kaigne that now is did demise the said messuage and land in E. aforesaid vnto your said Orator and one A. L. Gentleman to haue and to hold to them for the terme of 21. yeares from the time of the making thereof rendering therefore yeerely the rent of xx s̄ payable at Whitsontide and Martimnas by euen portions for the payment of which said rent of xx s̄ he the said K. knowing himselfe the title thereof to be questionable and likely to grow to some charges in law to your said Orator to defend did therefore cunningly get your saide Orator to become bound in an obligation of xx l for the yearely paiment of the said
F. S. their heires and assignes as all the said manors and tenements by the said Indenture to them bargained and sold at the ensealing and deliuery of the same Indentures were discharged exonerated or saued harmelesse and from thencefoorth at all times and from time to time hereafter for euer should be discharged exonerated acquited or saued harmelesse by the said W. Lord M. his heires executors or administrators of and from all and singuler giftes grants leases charges and incumbrances had made granted or suffered in or to the premisses or any part or parcell thereof by the said Lord M. or by any other person or persons whatsoeuer other then the said estate of the said K. S. late Dutchesse of S. and certaine other things in and by the said Indenture excepted as by the said Indenture appeareth For performance of which couenant of the said Indenture the said Lord M. Eagle the second day of Iune in the said xii yeare became vounden vnto the said I. C. and vnto one M. S. of I. L. in the County of B. Esquire by recognisance knowledged in this high court of Chancery in the summe of two thousand pounds as thereby appeareth And shortly afterwards that is to say about sixe yeares now last past the saide K. late D. of S. died and the said I. C. and F. S. entred into the manors tenements and premisses with the appurtenances and were and yet be thereof seised in their demesnes as of fee by force of the said conueyance and the profits thereof arising and comming to their owne vse tooke and yet doe quietly so take the same without any interruption let or trouble of the said W. S. and M. his wife and their assignes and euerie other person or persons according to the couenant true intent and meaning of the said Indenture of bargaine sale And afterwards that is to say about fiue yeares now last past the said Lord M. for the summe of sixe thousand pounds or thereabouts did bargaine and sell to the said Earle and his heires the manor of B. in the County of Yorke and diuers other lands and tenements in B. and other places in the said County by force whereof the said Earle was thereof lawfully seised in his demesne as of fee and the issues and profits thereof arising and growing did quietly take and conuert to his owne vse from the time of the bargaine during all the life time of the said Lord M. W. S. which was by the space of three yeares after the death of the said Dutchesse or thereabouts And afterwards that is to say about fiue yeares last past the said M. died since whose death the said I. C. M. S. F. S. T. H. D. W. M. and I. T. And the said M. late wife of the said W. S. and executrix or administratrix of the said Will as the saide Earle is informed by the agreement and priuitie of Ed. Lord Morley and the Lady Elizabeth his wife daughter and heire of the saide Lord Mount Eagle hauing gotten into their hands the said Indenture of demise albeit that the said T. performed not the conditions and couenants betweene him the said Lord M. amongst themselues did conceale and frustrate the saide trust reposed by the saide Lord. M. in the saide W. S. and M. or the one of them to the intent to extend the saide Recognisance of two thousand pounds vpon the saide manor of B And such other lands and tenementes as the saide Earle hath purchased of the said Lord M. contrarie to the good meaning of the said Lord M. contrarie to the great trust and confidence by him reposed in the said W. S. and M. his wife and the true meaning of the said Indenture of lease And for that purpose haue procured the said estate and interest of the said W. S. and M. of the said third part to be conueied to the said M. to the intent that the said W. M. should enter into the said third part so leased as is aforesaid to disturbe the possession of the said C. and F. S. which he hath done accordingly to the intent that therby the said I. C. M. S. might haue some colour to extend the said Recognisance of two thousand pounds aginst yâ— said Earle notwithstanding that the said I. C. F. S. euer since the entrie of the said M. haue quietly occupied the said demised third part yet do quietly occupy the same not hauing had any damage thereby to the value of xii d by reason of the said lease All which notwithstanding if it may please your good Lordship the said M. S. F. S. and I. C. haue procured execution of the Recognisance of two thousand pounds to be sued against the said Earle by proces out of this honorable Court according to the forme and effect of the said recognisance for that as they suppose the said third part is charged with the said lease thereof made to the said S. and his wife and assigned by the said S. to the said W. M. who by force thereof hath entred into the said third part and disturbed the possession of the said I. C. and F. S. and their assignes And for that by meanes therof the said manors lands and tenements to them bargained and sold by the said Lord M. in forme aforesaid were not saued harmelesse by the said Lord M. or his heires of and from all and singuler leases had made or granted of the said manor and other the premisses mentioned in the said Indenture of Bargaine and sale according to the forme and effect thereof which said practise and compact is much against the said trust and meaning of the said Lord M. reposed in the said W. S. and M. â—is wife and against the true meaning of the said Indenture of lease Recognisance tending to the great losse and damage of the said Earle and against all right equity and good conscience if the said purpose should not be equity and consideration of this honorable Court be preuented and mette withall In consideration wherof and for so much as aswell the said trust touching the said lease as the said compact and agreement amongst the said parties to extend the said Earle his said lands by reason of the said Recognisance by matters secretly agreed vppon amongst themselues the said Earle not knowing any witnesses which were present at the making thereof so that the said Earle can very hardly make such proofe in this honorable Court thereof or of the said conditionall deliuerie of the said Indenture as is necessary in the behalfe vnlesse the said parties or some of them will confesse the same in their answeres vpon their Oathes in this honorable Court as the said Earle verely thinketh they will And for asmuch also as it is very likely that the said Lord M. would neuer haue entred into the said recognisance of two thousand pounds for the performance of the said couenants of the said Indenture of bargaine and sale without making
of and in the Mannors of M. W. with diuers messuages lands tenements hereditaments to the said Mannors belonging in the County of C. to the yearely value of 50. l and aboue and he being of the said Mannors and other the premisses seised died of such an estate thereof seised without issue of his body lawfully begotten After whose decease the premisses descended and of right ought to discend vnto your saide Orator as brother and next heire of the saide Peter your saide Orator then being but of tender age that is to say of the age of twelue yeares or there abouts But so it is right honorable Lord that all the Euidences Deedes Charters writings and miniments concerning the said mannors and premisses during the minoritie of your said Orator came casually to the hands possession of R. D. Esquier who by cullor of hauing of the said Euidences Deedes Charters writings and miniments hath wrongfully entred into the saide manors lands tenements and other the premisses and of the same hath made and contriued diuers and sundrie secret and false estates and conueyances to diuers persons to your saide Orator vnknowne to his owne vse to the vtter disherison of your saide Orator And albeit your saide Orator hath diuers and sundrie times required the saide R. D. as well to deliuer vnto him the said Euidences Deedes Charters writings and miniments as also peaceablie and quietly to suffer and permit him to enioy the said manors lands tenements with their appurtenances yet y◠said R. D. hath alwaies hitherto denied refused yet denieth refuseth so to do cōtrary to all right equitie good conscience And forasmuch as your Orator knoweth not the certaintie of the said euidences deeds charters writings miniments nor whether they be contained in bag or box ensealed or chest locked yea or no he is like to be without all remedy for y◠recouery of y◠same by the order due course of y◠cōmon lawe except your Lo. goodnes be vnto him shewed in this behalf In cōsideration wherof it may please your good L. to grant vnto your Orator the King and Queenes Maiesties writ of Subpena to be directed to the saide R. D. Commaunding him by the same at a certaine day and vnder a certaine paine by your Lordship to be limited personally to appeare before your good Lordship in the King and Qu. high Court of Chauncery at Westminster then and there to make aunswere to the premisses c. R. Cat. The Aunswere of the defendant to the said Bill wherein is confessed the hauing of diuers euidences concerning the lands mentioned in the said Bill and that he is readie to deliuer them to whom the Court shall order them to belong And for that the plaintifes father is yet liuing the defendant prayeth that he may be called into the Court to shew what title he hath to the said euidences and disclaymeth to haue any interest in any of the mannors c. mentioned in the Bill but an Interest he may be entituled to haue by reason of a Statute merchant he hath which was acknowledged by the complaynants father The Aunswere of R. D. Esquier to the Bill of complaynt of T. M. Gentleman THe said defendant by protestation not confessing or acknowledging Sect ' 171. any such seisin dying seised or discent as in the said Bill is alleaged for aunswere sayth that he is not nor at the time of the exhibiting of the said Bill was not Tenant of the said mannors and other the premisses sauing only such benefit interest and title as the said R. is or may be entituled to haue in or to the premisses by reason of a certaine Statute merchant or Recognizance knowledged by W. M. Esquier father of the said complaynant to Sir P. D. Knight deceased Thaduantage of exception thereof and all other benefits and interests that the said defendant hath or may haue by reason of the said Statute merchant or Recognizance knowledged by the saide W. M. Esquier father of the said complaynant as aforesaid and the execution to be sued of the same to the said defendant alwayes saued and reserued the saide defendant for all other Interests or Titles disclaimeth in the said manors lands or tenements And as to any euidences concerning the said manors lands and tenements mentioned in the said Bill except one Indenture and one other writing made by the saide W. M. and one writing made by the said complaynant The said defendant by protestation not knowing the certaintie what euidences he hath in his custodie concerning the said mannors and other the premisses for that they be in the County of Chester now farre from the said defendant for aunswere saith that the saide W. M. father to the said complaynant long time past was seised of the said Mannors lands and Tenements of an estate of inheritance in possession or in vse by discent from his Auncestors and the said Euidences came to the hands of the said Sir P. D. Knight long time past and by and after the death of the said Sir P. D. the same euidences came to the possession of the said defendant which said defendant desireth that the saide W. M. which is yet in full life may be called into this honorable Court to shewe what title he hath or claymeth to the saide euidences and the saide defendant is and shall be readie to deliuer such euidences as he hath concerning the premisses except the said Statute merchant and other writings and defeasances of the said Statute as appertaineth to the said defendant to such person or persons to whome this honorable Court shall award the same to appertayne And as to three writings before excepted the said defendant hath them here readie in this honorable Court to be deliuered to whome this honorable Court shall adiudge the same to appertayne Without that that the saide defendant hath wrongfully entered into the said Mannors lands and Tenements and of the same hath made or contriued any estates and conueyances to diuers persons in such sort as in the said Bill is vntruly alleaged And without that that any other thing materiall to be aunswered vnto other then that in this present Aunswere is confessed and auoyded is true All which matters the said defendant is ready to auerre and prooue as this honorable Court shall award and prayeth as before he hath desired And also that he may be dismissed out of this honorable Court with his reasonable costs and charges for his wrongfull vexations sustained in this behalfe Am. Gilbert A bill of complaint by I. W. and the Lady lane his Wife daughter and heire of the Lady Iane deceased against the husband and his wife for entring into a house and lands and keeping of the possession thereof for detayning of Euidences and contriuing of secret estates in the premisses To the right reuerend Father in God Stephen Bishop of Winchester Lo. Chauncellor of England IN right humble wise complayning sheweth vnto your good
sÌ„ of rent suit of Court from three weekes to three weekes holden within the said manor of D. And the said I. W. so being seazed of the premisses hath now lately conueyed assured part of the said manor lands tenements in C. aforesaid vnto one H. S. Esquier his heires assignes by reason wherof yâ— said H. S. doth now hold the said parcell of land of your said Orator as of his said manor of D. by the seruice aforesaid by part of the said rent of vi sÌ„ acording to yâ— quaÌ„titie of the said lands so by him purchased of the said I. W. And so it is right ho. Lo. that diuers deeds euidences writings courtrolls aswell toÌ„cerning the said manor of D. as also coÌ„cerning the said renâ— seruice before rehearsed be now of late casually come to the hands custodie possession of the said I. W. and H. S. who by coulour thereof do intend now vtterly to disinherit your said Orator of his said rent and seruices and do deny refuse either to pay vnto your said Orator his said rent or else to do vnto him his said seruices And although your said Orator hath diuers sundry times required yâ— said I. W. H. S. aswell to deliuer vnto him the said Euidences deeds writings courtrolls as also to pay do vnto him the said rent seruices according as of right they ought to do yet neuertheles the said I. W. H. S. haue vtterly denied refused alwaies the same to do coÌ„trary to all equitie coÌ„science And forasmuch as your said Orator knoweth not the certaintie of the saide deedes euidences writings nor wherein yâ— same be conteined nor also knoweth not the certaintie of the said lands tenements that the saide H. S. hath purchased of the said I. W. therefore he is not only clearely without remedie for the recouerie of the said deeds and euidences but also by the order of the common lawe is not able to make any auowrie vpon the said H. S. for his said rent In consideration whereof may it please your good Lo. to graunt the King and Queenes most gratious writ of Subpena to be directed vnto the saide I. W. and H. S. commaunding them and either of them by vertue thereof personallie to apeare before your good Lordship in the King and Queenes most honorable Court of Chauncerie at Westminster there to make aunswere to all the premisses and therein to abide such order and direction as to your good Lordship shall be thought consonant to equitie and good conscience and your said Orator shall dayly pray to God for your good Lordship in health and honour long to continue An Answere to the bill next before The Aunswere of H. S. Esquier to the bill of complaynt of Sir T. H. Knight THe said defendant saith that the said bill of complaynt is vntrue Sect. 177. vncerteine insufficient in the lawe to be aunswered vnto and the matters therein conteined are determinable and ought to be determined at the Common lawe within the Countie Palantine of C. within which Countie aswell the saide complaynant as the saide defendant do dwell And also the said mannor and other the premisses mentioned in the said bill of complaint and supposed to be holden of the said complainant do lie and be and further saith that it apeareth by the saide bill of complaint that although it were true as it is not indeede that the said mannor of Capisthorne were holden of the saide complainant in such manner and forme as in his said bill is surmised yet the said defendant doth not nor can or ought by the lawe of the realme hold such parcell of the same mannor of C. as he hath purchased by the seruices mentioned in the saide bill And also that the saide complainant is compellable by the lawes and statutes of this realme to auow at his perill vpon such parcell of the said mannor of C. as is seuered froÌ„ the same in fee simple for such portion of the said rent as the value of the same parcell so seuered doth amount vnto and hath his ordinarie remedie for the same by the order of the common lawes and of the statutes of this realme in that case prouided if the allegations of his bill be true and the said rent can not by the order of the common lawe of this realme be aportioned in this honorable Court. For which matters and other causes aparant in the said bill the said defendant saith that the same bill and the matters conteyned in the same be insufficient in the lawe to be aunswered vnto And that he is not compellable nor ought by the lawe to be compelled to make any further aunswere to the same and demurreth in lawe vpon the same and prayeth to be dismissed out of this honorable Court without any further aunswere to be made thereunto And if this Court will not nor do admit this demurrer but the same notwithstanding will compell the said defendant to make further aunswere to the said bill as otherwise then by compulsatorie order of this Court the said defendant clayming the aduantage of the lawes of this realme whereby he ought to be tryed doth not nor will make any further or other aunswere to the same then the saide defendant after such order made by this Court to make further answere saith that the said I. W. named in the said bill of complaint was seazed in his demesne as of fee of and in one Mese and certeine lands and tenements conteyning by estimation 60. acres or thereabouts which mese and lands is called W. and are within the Countie of C. aforesaid and are of the yearely rent and value of 51. sÌ„ 4. d and the said I. W. so being thereof seised for certeine summes of money to him paid did bargaine and sell the said Mese lands and tenements called W. vnto the said defendant and his heires and thereupon did by sufficient and lawfull conueyance in the lawe conuey and assure the said Mese lands and tenements called W. vnto tâ—e said defendant and his heires to the proper vse of the said defendant and of his heires by force whereof the said defendant entred into the premisses and was thereof seised in his demesne as of fee and the same estate continued vntill about the fifth yeare of the raigne of the late King Eow the sixt that one R. B. by the commaundement of the said complainant did enter into the said Mese and into one pasture or croft coÌ„â—eyning by estimation 2. Acres of land lying on yâ— Southeast part of the said Mese and adioyning to the same and into one Orchard and one garden lying to the said mese being parcell of the saide lands and tenements called W. and in W. aforesaid and thereof did dissease the said defendant to the vse of the said complainant to which entrie and disseisin the said complainant did agree by force whereof the said complainant was and yet is seased
in his demesâ—e as of fee by disseisin as is aforesaid of the said mese orchard garden and croft without that that the said defendant I. W. did hold the said mannor of Capishorne of the saide complainant in manner and forme and by such seruices as by the said bill of complaint is alledged Or that there is any such mannor of C. to the knowledge of this defendant or that the said I. W. did or doth hold the said mannor of C. of the said complainant to the knowledge of the saide defendant or that the saide defendant had any other meses lands or tenements which at any time were the meses lands or tenements of the saide I. W. other then the said mese lands and tenements called W. or that the said mese lands and tenements called W. are or at any time were parcell of the said mannor of T. and if the said mese lands and tenements called W. had beene parcell of the said mannor of C. as they were not or if the saide defendant did hold the saide mese lands and tenements called W. of the said complainant acording to the quantitie of the said rent and seruice as the said complainant by his saide bill of complaint hath supposed as he doth not indeede yet forsomuch as the said complainant is seised of parcell of the said lands and tenements called W. by disseisin as is aforesaide and the same mese lands tenements called Woodford are holden all by one entire tenure the whole rent and seruices are suspended during the time of the saide deseisin and the said defendant is and ought by the lawe to be discharged during the time of the saide disseisin without that that any Euidences deedes writings or Courtrowles concerning the said mannor of Ouer or the said rent and seruice at any time came to the hands custodie and possession of the said defendant or that the said defendant doth intend vtterly to disinherit the saide complainant of the said rent and seruices or doth wrongfullie denie to do the the said complaynant any seruices which he ought to do or pay or that any other thing c. All which matters c. A Replication to the Answere next before The Replication of Sir T. H. Knight to the Aunswere of H. S. Esquier THe said complainant saith in all and euery thing as he before in his Sect ' 178. bill hath saide and auerreth all and euery thing therein conteined to be good and true in such manner and forme as in his said bill is alledged without that that the saide R. B. named in the saide aunswere did wrongfullie enter by the commaundement of this complaynant into the said mese other the lands named in the said answere being parcell of the said lands tenements called Woodford or thereof disseised the said defend to the vse of the said compl as by the saide answere it is vntrulie alledged or that the said compl did agree to any such entrie disseisin as by the said aunswere is supposed or that this compl was or is by force thereof seised by dissesin of the saide mesuage orchard and garden named in the said answere as by the said answere is vntruly alledged or that any other matter or thing alledged in the saide answere materiall to be replied vnto which heere in this replication is not confessed and auoided denied or trauersed is true All which matters c. G. Ge. A bill containing that the plaintife by bargaine and sale by feoffement and fine bought one mese c. in fee and that diuers euidences concerning the premisses are casually come to the plaintifes hands and that by cullour thereof the plaintife hath entred into parcell of the premisses and expulsed the plaintife from the possession thereof and wrongfully keepeth the same To the Right Ho. and the reuerend Father in God Stephen Bishop of Winchester COmplayning sheweth vnto your ho. Lo. your Orator H. S. Esquier Sect. 179. that where one I. W. of C. in the County of C. was seised in his demesne as of fee of in one mese one gardeÌ„ one orchard 60. acres of land meadow wood and pasture with the appurtenances in W. called W. in the Countie of C. and the said I. W. and his ancestors whose heire he is did coÌ„tinue peaceable possession of the premisses by the space of 100. yeares and aboue and the said I. W. so being thereof seised for certeine great summes of money to the said I. W. by your said Orator coÌ„tented paid did bargaine sell the premisses vnto your said Orator his heires to the proper vse of your said Orator of his said heires for euer and thereupon did by his deede sufficient in the lawe giue grant confirme yâ— premisses vnto your said Orator his heires for euer And for a further assurance thereof to be had vnto your said Orator and his heires the said I. W. before the Iustice of yâ— said County of C. did leuie a fine sur conusance de droit of the said mese lands and tenements vnto your said Orator and by by the same fine the said I. W. did knowledge all the right which he had in the same mese lands tenements to be the right of your saide Orator as those which your saide Orator had of his gift as by the said deede fine more at large it doth may appeare by force whereof your said Orator entred into the premisses was thereof seised in his demesne as of fee. But so it is if it may please your hon Lo. that diuers euidences deeds escripts miniments concerning the premisses are casually come to the haÌ„ds custodie possession of one Sir T. H. Knight who by coulour of hauing thereof hath wrongfully entred into the said mese orchard gardeine and into one croft conteining by estimation 2. acres of land lying adioyning vnto the said mese on the Southeast part of the said mese parcell of the premisses and expulsed your said orator from the possession thereof And the said Sir T. H. doth still wrongfully keepe your said Orator from the possession of the said mese orchard garden croft And although your said Orator haue diuers times required the said Sir T. H. not only to permit and suffer your said orator to haue inioy the said mese lands and tenements but also to make deliuerie thereof vnto your said orator which to do the said Sir Tho. at all times hath refused yet doth refuse contrary to right equitie and conscience In consideration whereof and for so much as your saide Orator knoweth not the certaintie of the saide Euidences deedes and writings nor wherein they be conteyned therefore he is without remedie by the order of the common lawe It may therefore please your honorable Lordship to graunt c. The Aunswere of Sir T. H. Knight to the Bill of complaint of H. S. THe said defend saith yâ— the said bill of compl is vncerteine insufficient Sect ' 180.
Now of certaine writs and commissions issuing thence and there also reâ—ournable The maner of proceeding vpon a speciall Certiorari THe party grieued exhibiteth his bill and by the same prayeth not Sect. 192. only a speciall Certiorari but also a Subp against the def to answere to his bill as appeareth by the last two bils And if the Lord Chauncelor Lord Keeper or Maister of the Rols shall see good and probable matter in the bill they vsually graunt the same taking bond of the plaintife for the proofe of the surmises of his bill within foureteene daies after the retourne of his speciall Certiorari which writ of Certiorari followeth in haec verba Elizabeth Dei gratia Angliae Franciae Hyberniae Regina fidei defensor c. Maiori Vicecomitibus London salutem volentes certis de causis certiorari super causa captionis detentionis R. S. in prisona sub custodia vestra vos praefati vicecomites detenti vt dicitur vobis mandamus quod causam praedictam cum omnibus eam tangentibus quocunque nomine idem R. in causa illa censeatur nobis in Cancellariam nostram in quindena pasche prox futurÌ„ vbicunque tunc fuerit sub sigillis vestris distincte aperte mittatis hoc breue teste c. And if the pl do not make proofe of the surmise of his bill as aforesaid then vpon certificat made vnder the hands of the examiners of this Court and notice from the plaintifes Attourney that he hath not examined any witnesses either in this Court or by Commission then a Procedendo is graunted of course But if there be witnesses examined then to haue their examinations referred to a Master of the Chancery And if he finde and so certifie that the plaintife hath proued the substance of his bill then the cause to be reteined ordered in this Court if not then a Procedendo to proceede for the remuanding of the said cause A Corpus cum causa to remoue a Prisoner REgina c. Maiori Vicecomitibus Lond ' salutem Mandamus Sect. 193. vobis quod R. S. quocunque nomine censeatÌ„ captum in prisona sub custodia vestra vos praefatÌ„ VicecomitÌ„ detentÌ„ vt dicitur habeatis coram nobis in CancellarÌ„ nostra tali die proximÌ„ futurÌ„ vbicunque tunc fuerit vna cum causa captionis detentionis ipsius R. in prisona praedict ' Et hoc nullatenus omittatÌ„ Et habeatis ibi hoc breue Teste c. This writ is graunted by the L. Chauncelor L. Keeper or Master of the Rolles for the most part vpon a Bill exhibited and good baile put into the Court for the parties apparance and foorth comming de die in diem or further time as the Court shall thinke fit whereby many of her Maiesties subiects are verie much relieued in hard and extreame causes lying often times in prison vpon great actions surmised against them without iust cause and thereby not able to put in such bayle as the common Lawe doth require in such cases Of a writ of Diem clausit extremum THis writ is to be sued foorth by the heire of the kings Tenant in Sect ' 194. chiefe within a yeare after the death of his auncester or a Commission of the same effect And an Office or Inquisition being thereupon taken and retorned such heire may haue liuerie of his lands out of the kings hands for if the lands of such tenant exceede the yearely value of v. li. no Liuerie thereof can be sued before such Inquisition or office found and retorned by vertue of such writ or Commission And such writ or Commission may not passe but by warrant or bill first signed and subscribed with the hands and names of the Master of the Wardes and Liueries the Surueior of the Liueries and the Attorney of the Court of Wardes Liueries or some of them 33. H. 8. cap. 22. The forme of which writ insueth Rex Eschaetori in comitÌ„ Eb. salutem Quia I. qui de nobis tenuit in capite Diem clausit extremum vt accepimus Tibi praecipimus qd ' oiÌ„a terras tenÌ„ta de quibus idem I. fuit sâ—isitus in dnÌ„ico suo vt de feod ' in balliua tua die quo obijt sine dilatione capÌ„ in manuÌ„ nrÌ„aÌ„ ea saluo custodiri facias donec aliud inde praeciperimus Et per sacramentum proborum legalium hominuÌ„ de eadem balliua tua per quos rei veritas melius sciri poterit diligenter inquiras quantum terrÌ„ tenÌ„torum praedictus I. tenuit de nobis in capite tam in dominico quaÌ„ in seruitio in dict' balliua tua dict' die quo obijt quantum de alijs per quod seruitium quantum terrÌ„ tenÌ„ta illa valeant per annum in omnibus exitibus quo die idem I. obijt quis propinquior haeres eius sit cuius aetatis Et inquisitionem inde distincte aperte factam nobis in Cancellar ' nostram sub sigillo tuo sigillis eorum per quos facta fuerit sine dilatione mittas c. Et hoc breue T. c. But if one that holdeth of the Queenes ward by knights seruice die the Diem clausit c. must be thus Regina dilecto c. Quia I. de S. qui de haered ' W. de O. defunct ' qui de nobis tenuit in capite infra aetatem in custodia nostra existentÌ„ tenuit per seruic ' MilitarÌ„ Diem clausit extremum vt accepimus Tibi praecipimus quod omnia terrÌ„ tenÌ„tÌ„ c. per sacramentum c. quantum terrarum tenementorum idem I. tenuit de haered ' praedictÌ„ Et quis propinquior haeres eius sit c. vt supra And if the Queenes warde Thus Regina c. Quia R. de H. filius haeres I. de H. defuncti qui de nobis tenuit in capite nuper dum infra aetatem in custod ' nostra fuit Diem clausit extremum vt accepimus Tibi praecipimus quod per sacramentum c. inquiras quae terrae quae tenÌ„ta per mortem praedicâ— I. ratione minoris aetatis haered ' praedictÌ„ I. ad manus nrÌ„as deuenerÌ„ sic in manu nostrÌ„ existunt quantum inde de nobistenetur in capite quantum de alijs per quod seruitium quantum c. But if the wife of the Queenes tenant which holdeth in Dower dye his Heire being the Queenes warde then the Diem clausit extremum must be made thus Rex dilecto sibi N. de B. Maiori ciuitatis suae London Eschaetori suo in eadem Ciuitate salutem Quia E. quae fuit vxor I. de B. nuper defunct ' quae quasdam terras quaedam tenementa de nobis tenuit in dotem de haereditate pÌ„dict ' I. quondam virisui Diem clausit extremum vt accepimus Tibi
praecipimus quod omnia terras tenÌ„ta quae â—adem E. sic tenuit in dotem de haereditate pÌ„dicta in balliua tua c. per sacramentum c. diligenter inquiras quas terras quae tenementa eadem E. sic tenuit in dotem de haereditate pÌ„dictÌ„ in balliua tua die quo obijt quantum inde de nobis tenetur in capite quantum de alijs per quod seruitium c. If the Queene haue the wardship of a reuersion and the tenant for life die then thus Quia A. quasdam terras quaedam tenementa de haered ' E. consanguinei haered ' H. de P. defuncti qui de rege tenuit in capite infra aetatem in custod ' regis existentÌ„ tenuit ad terminum vitae suae Diem clausit extremÌ„ c. tibi praecipimus c. After the death of the tenant by the Curtesie thus Quia A. qui quasdam terras quedam tenÌ„ta de nobis tenuit per legem Angliae de haered ' M. vxoris suae dudum defunctae Diem clausit extremum tibi praecipimus c. But if the Queene haue a remainder and her tenaunt for life dieth then must the Writ be thus Quia A. quae fuit vxor c. qui quasdam terras quaedam tenementa tenuit ad vitam suam quae post mortem ipsius A. nobis haered ' nrÌ„is remanerÌ„ debent Diem clausit extremum c. tibi praecipimus c. qui eadem sic tenuit quae post mortem c. remanerÌ„ debent c. vel sic post mortÌ„ praedict ' B. ad manus nostras ratione minoris etatis praefatÌ„ haered ' deuenerÌ„ c. But if the temporalties of a Bish be in the Queenes hands and one that holdeth of the Bishopricke by knights seruice dieth the Diem clausit extremum must be thus Regina c. Quia A. de Archiepiscopatu CantuarÌ„ vacantÌ„ in manu nostra existentÌ„ tenuit per seruic ' militare Diem clausit extremum c. tibi praecipimus c. de quibus idem A. fuit seisitus in dominico suo vt de feodo c. tenuit de Archiepiscopatu praed ' sine dilatione c. But if the Queenes Idiot die the writ must be such Quia B. de C. nuper fatuus Idiota cuius terrae tenÌ„ta ratione fatuitatis eiusdeÌ„ B. in manu nrÌ„a existunt diem c. vt accepimus tibi pÌ„cipimus quam ê‘ sacramentÌ„ c. diligenter inquiâ—as quae terrae quae tenÌ„ta ratione fatuitatis pÌ„d ' B. in manuÌ„ nrÌ„am capta fuerunt adhuc in manu nrÌ„a existunt de quo vel de quibus teneantur ê‘ quod seruitiuÌ„ quantuÌ„ terrae illae valeant c. quis propinquior c. inquisitÌ„ c. Datur nobis intelligi ANd if the Escheaâ—or receiue a Diem ciausit extremum and die Sect. 195. or be otherwise remoued from his office before execution thereof then issueth a writ of Datur nobis intelligi in this forme Regina c. Cum nuper datur nobis intelligi quod I. de B. qui de nobis tenuit in capite Diem clausit extremum praeceperimus dilect ' nobis W. de O. nuper Eschaetori nrÌ„o in comitatu praedict ' quod omnia terras tenements c. vt supra Mutatis mutandis Ac idem W. ab offic ' praedictÌ„ iam sit amotus per quod executio breuis nostri praedictÌ„ fieri non potest Nos super praemissis volentÌ„ cerciorari Tibi praecipimus quod persacramentum c. diligenter super praemiss facias inquisitionem etiam distincte c. T. c. Or thus Regina dilecto c. Cum nuper datur nobis intelligi quod I. de B. qui de nobis tenuit in capite Diem clausit extremum praeceperimus dilecto fideli nostro H. de B. nuper Eschaetori nostro in eodem ComÌ„ quod omnes terras c. sine dilatione caperet in manum nostram c. donec aliud inde praecepissemus per sacramentum c. inquiret quantum terrae c. vt in primo breui Ac idem H. antequam praedictÌ„ breue fuerat executum ab officio praedictÌ„ fuerat amotus Nos volentes super praemissis plenius cerciorari â—ibi praecipimus quod super articulis praedict ' eorum singulis diligenter facias inquisic ' eam distincte aperte fact ' c. vt supra c. But if the first Escheator execute the writ and die before the inquisition â—e returned into the Chauncery then a Certiorare shall be awarded to his Executors or Administrators to certisâ—e the same inquisition for it is a matter of Record so soone as the Iurors haue found and sealed it Of a Mandamus IF the Kings tenant by Knights seruice die his heire within age and Sect. 196. no writ of Diem clausit extremum be awarded within a yeare after his death then shall issue a Mandamus in this forme Rex dilecto sibi W. de B. Eschaetori suo in comÌ„ B. Salutem Praecipimus tibi quod per sacramentum proborum legalium hominum de balliua tua per quos c. diligenter inquiras quas terras quae tenÌ„ta I. de B. tenuit de nobis in capite tam in dominico quam in seruitio in balliua tua die quo obijt quaÌ„tum de alijs per quam seruitium quantum terrae tenÌ„ta illa valeant per annum in omnibus exitibus quo tempore idem I. obijt quis propinquior c. cuius aetatis quis vel qui terras tenÌ„ta illa a tempore mortis praed ' occupauit vel occupÌ„ exitus proficua inde praecepit vel praeceperunt quo titulo qualitÌ„ quo modo c. Et inquisitionem c. THe heire shall haue but one writ of Diem clausit extremum only Sect. 197. within a yere after his auncesters death But where thancester died ward to the Queene and within age for then a new Diem clausit extremum shall be a warded a yeare after the Infants death and not a Mandamus per Regist fol. Of Commissions after the death of the Queenes tenant ALso the heire of the Kings tenant by Knights seruice in chiefe Sect ' 198. may sue forth a speciall Commission directed to certaine persons to inquire what lands c. as aboue in a Diem clausit extremum which Commission will he as beneficiall for the heire as a Diem clausit extremum For vpon Inquisition taken by such a Commission retornable into the Chauncerie â—e may haue Liuerie at his full age But he shall neuer haue Liuerie vpon a generall Commission to inquire of all Wardes c. Quae plura THis writ lyeth when any of the Heires lands be omitted in a former Sect. 199. office or
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
obligacion where the money was paid 102 A Bil for not procuring an acquittance of rents paid according to promise 103 A Bill for not paying of money nor sauing the suertie harmelesse 104 A Bill for entitling ones selfe to certaine ground and selling the woods thereupon 105 A Bill against executors for not deliuering of specialties payd 106 A Bill against executors vpon a priuate promise made by their testator alleaging that they haue wasted their testators goods 107 A Bill for diuers euidences 108 A Bill for not making assurance of lands according to a couenaÌ„t alleaging that the defendants haue gotten the Indenture thereof and that some of theÌ„ were within age at the making thereof 109 A Bill against an heire for entring into lands dcuised to the plaintife praying a Commission to examine witnesses in perpetuam rei memoriam 110 A Bill for refusing to receiue the plaintifs rent according to an order and taking the forfaiture of a bond for the paymeÌ„t thereof 111 A bill for money for cattell solde vpon trust 112 A Reioynder 113 A Bill for giuing ones worde with a seruant and promising to anâ—were all damages done to his master by him 114 The answere thereunto 115 The replication to the same answere 116 A Bill for entering and detayning copy-hold lands by reason of the detayning of the writings thereof 117 A Bill by gardeins for Euidences 118 The answere thereunto 119 A Bill to be discharged of a recognisance with an answere Replication and Reioinder thereunto 120 A Bill for the wrongfull detayning of a deed of demise which came vnto him by entermarriage 121 A Bill against an infant for bourding and apparell not ê‘forming of a lease 122 A Bill of debt vpon a contract against the suruiuing partner and thadministrator of thother 123 A Bill vpon a promise to forbeare debte due and yet suing the bonde 124 The answere thereunto 125 The replicacion to the answere 126 The reioynder to the replicacion 127 A Bill for detayning lands with Euâ—dences 128 The answere to the Bill 129 The replicacion to the answere 130 A Bill for debt leuied by extent 131 The aunswere to the Bill 132 A Bill to cause one to shewe his Lease whereby he holdeth c. 133 The answere to the Bill 134 A Bill for a title of land intayled 135 The answere to the Bill 136 A Supplicacion in the Chauncery vpon deceipt by a partner 137 A Bil for the recouery of euidences made by duresse 138 A Bill of a title of coppihold land praying an Iniunction 139 A Bill for debt without specialty 140 The answere to the Bill 141 A Bill vpoÌ„ certaine griefes praying a Certiorari 142 A Bill where a Iury hath passed in a matter wroÌ„gfull praying a Certiorari 143 ✿ A Bill against an administrator for suing of a bond promised by the Testator not to be put in suite till the death of the plaintifes father 144 ✿ A Bill for wrongfull entrie into lands intayled by reason of hauing the writing thereof and making diuers secret estates 145 ✿ A Bill for deliuerie of heyre loomes or principals to the heire according to the custome 146 ✿ A Bill for the deliuerie of an obligatioÌ„ promised by the obligee to be deliuered vpon the acknowledgement of a Statute which the plaintife did beyng within age 147 ✿ The answere to the Bill 148 ✿ A Bill for not being suffered to enter into lands deliuered in extent desiring the viewe of the Euidences thereof the plaintife forbearing before to take the profits vpon referement of the matter to two whose order the defendant withstood 149 ✿ The answere to the Bill 150 ✿ A Bill for detaining of Euidences entering into the lande and making secrete estates 151 ✿ The answere of one of the defendants to the Bill 152 ✿ The replicacion to the answere 153 ✿ A Bill for a Commission vpon the Statute of 13 E. c 7. As touching Bankerupts 154 ✿ The Commission vpon the said Statute of 13. E. 155 ✿ The precept to the officers to make Proclamacion 156 ✿ The Proclamation 157 ✿ An Indenture vpon the said Commission betweene the Commissioners and the creditors 158 ✿ The manner of entituling the Schedule 159 ✿ A Bill by a prysoner to compell the defendant to proceed to agreement according to an order made by the Lord Chancellor that is dead 160 ✿ A Bill to compell the executors to pay legacies the deuisees being remedilesse at the spirituall Law 161 ✿ A Bill praying an Inâ—unction for stay of a suite in the Exchequer vpoÌ„ an vntrue surmise 162 ✿ The answere of one of the defendants to the Bill 163 ✿ The answere of the rest of the defendants to the Bill 164 ✿ The Replication to the former aunswere 165 ✿ ThereplicacioÌ„ to the latter answer 166 ✿ The reioinder to the former replic ' 167 ✿ The reioinder to the latter replic ' 168 ✿ A Bill to examine witnesses in perpetuaÌ„ rei memoriam 169 ✿ A Bill for detaining of euidences entering into landes and making secrete estâ—tes 170 ✿ The answere to the Bill 171 ✿ A Bill for wrongfull entrie into a house and lands detaining of euidences and making of secrete estâ—tes 172 ✿ A Bill for the detaining of a lease for yeeres praying an inuencioÌ„ for stay of vniust suites begun 173 ✿ A Bill praying a Subpena with a duces tecuÌ„ for the wroÌ„gful entrie into an Iâ—ne and detaining the EuideÌ„ces therof 174 ✿ The answere to the Bill 175 ✿ A bill for the detaining of Euidences which otherwise might cause the disinherison of the plaintife of the rents and seruices of the premisses 176 ✿ The answere to the Bill 177 ✿ The replication to the answere 178 ✿ A Bill for deliuerie of EuideÌ„ces by vertue wherof the defendant hath entered wroÌ„gfully keepeth the premisses 179 ✿ The answere to the Bill 180 ✿ The Replication to the answere 181 ✿ A supplication to the priuie Councell by a Scot robbed at Sea desiring a coÌ„mission to examine witnesses to proue the pyracie 182 ✿ A supplicacion by maymed Souldiers for the Councels lycence to beg til Almes roomes which the Queene gaue in reuercion become void 183 ✿ A supplication by a Merchant strauÌ„ger called before in question vpon supposal of cousenage desiring his libertie may not bee impeached till the matter bee fully examined 184 ✿ A supplicacion by an Inkeeper imprisoned vpon supposell of counterfaiting letters froÌ„ the councell praying to detect others praying also to writ letters to the Commissioners for dette in the fleete in his behalfe 185 ✿ A supplication praying a warrant from the Councell for the defendants refusing an order set downe by the Councel 186 ✿ A supplication praying the Councels letters to the L. President CouÌ„sell of Wales for the baylement of the plaintifes being imprisonned vpon a pretended murder by them 187 ✿ A Supplicacion to haue the Councels letters to two to haue the hearing of a controueâ—sie of an account 188 ✿ A supplicacioÌ„ by prisoners in the for misdemenors senteÌ„ced in the starre chamber to be enlarged 189 ✿ The like aliter onely crauing the benefit of the generall pardon dischargement of one of his fines 190 ✿ The like aliter onely praying further that his prison charges might be satisfied by one A. B. by whose meanes hee was drawen into the action 191 The manner of proceeding vpon a speciall Certiorari 192 A Corpus cuÌ„ causa to remoue the prisoner 193 Of a writ of diem clausit extremum 194 Datur nobis intelligi 195 The same writ aliter fol. 302. a Of a Mandamus 196 A Note where a diem clausit extremuÌ„ shal be had and where not 197 Of Commissions after the death of the Queenes tenant 198 Quae plura 199 Melius inquirendum 200 A writ de aetate probanda 201 The same writ aliter fol. 303. b A CoÌ„mission pro aetate probanda fol. 303. b A Venire facias to the Sheriffe vpon the same Commission 202 Of Homage done respited 203 A diem clausit extremuÌ„ post morteÌ„ feloniâ— 204 FINIS