aforesaid T. Y. Archbishosh of York and G. L. and the heirs of him the said T. Y. Arch-bishop against all men for ever And for this c. A Concord from two to two with special Warranty ANd the Concord is such that the aforesaid A. and B. have recognised the aforesaid Mannors Mills Dovehouses Tenements Common of Pasture with the appurtenances to be the right of him the said C. as those that the same C. and D. have by the gift of them the said A. and B. and those they have remised and quite claimed from themselves and the heirs of him the said A. to the aforesaid C. and D. and the heirs of him the said C. for ever And furthermore the same A. hath granted for himself and his heirs that he will warrant to the aforesaid C. and D. and the heirs of him the said C. the aforesaid Mannors Mills Dovehouses Tenements Rents Common of Pasture with the appurtenances against themselves and their heirs for ever And furthermore the same B. hath granted for himself and his heirs c. as above A Fine upon recognisance of right as that which he hath of his right with release and warranty by Husband and Wife to a third person with a general Warranty Devon ss COmmand I. H. and V. his Wife that justly c. they hold to R. P. Gent. the Covenant of the Mannor of B. with the appurtenances and of 20 Messuages 3 Tofts 6 Cottages 4 Barns one Water-mill one Wind-mill one Fulling-mill one Dove-house 20 Gardens 10 Orchards 100 acres of Land 100 acres of Meadow 1000 acres of Pasture 10 acres of Wood 20 acres of Willows 100 acres of Furres and Heath 20 acres of Moor 20 acres of Turbarie 30 acres of Mosses 6 acres of Rushes 20 acres of fresh Marish and 30 acres of salt Marish 2 acres of Alders 10 Marks rent with the appurtenances in B. C. and D. Also of free fishings in the waters of B. C. and D. and of severall fishing in the water of S. also of the advowson of the Church of B. by turns when it shall happen And unlesse c. And the Concord is such to wit that the aforesaid I. V. have recognised the mannors and tenements rents and free fishing aforesaid with the apurtenances and the advowson aforesaid to be the right of him the said R. as those which the same R. hath by the gift of the aforesaid I. and V. and those they have remised and quite claimed from them the said I. and V. the heirs of him the said I. to the aforesaid R. and his heirs for ever and moreover the said I. and V. have granted for themselves and the heirs of him the said I. that they will warrant to the aforesaid R. and his heirs and assigns the aforesaid mannors tenements rents and free-fishings with the apputtenances and the advowson aforesaid against all men for ever And for this recognizance remise quite claim warranty fine and concord the same R. hath given to the aforesaid I. and V. forty pounds A Concord of many things together sur cognisance de droit come ceo c. THis is the finall c. in the year c. before c. Justices and other faithfull men then there present between I. A. Plantiff and M. B. Deforcient of the honour of D. the Castle of the Shriefdome of S. with the hundred the members and their appurtenances the Isle of D. the Barony of D. the hundred of D. the borough of D. one Knights-fee in D. the Scite Circuit and precinct late of the Monasterie of D. the mannor of D. with the appurtenances the Scite of the mannor of D. the Grange of D. the Park of D. the preâ—end of D. one capitall Messuage 2 Messuages 2 Tofts 2 Cottages 1 Dove-house 1 Fulling Mill 1 Water-Mill 1 Wind-Mill 1 Malt-Mill 1 Corn-Mill 1 Barn 1 Garden 1 Orchard 10 acres of Land 10 acres of Meadow 20 acres of Pasture 4 acres of Wood 40 acres of Furres and Heath 30 acres of moor 50 acres of Salt-marish 9 acres of Fresh marish 30 acres of Turbary 9 acres Rushes 9 acres of Willows 9 acres of Mosses 4 acres of land covered with water Common of Pasture for all or all kind of Beasts for 100 sheep 10 Horses Cows Hogs Geldings c. free warren free fishing liberty of foldage freefold for a Cart with salt peter lead a pit of Salt water twenty pounds ten marks ten shillings one penny one half penny farthing rent And the rent of one pair of Gloves one pair of gilded Spurs a barbed arrow one pair of Shoes 1 Coulter of a plow-sheer one pound of wax one pound of pepper one pound of Cummin one clove gilly flower one basket of madder one needle and thred one quarter of Corn one quarter of Barley one pair of Capons forty Cocks twenty Hens a thousand of Sheep and 100 Geese with the appurtenances in D. And of the common of pasture which the aforesaid M. B. hath and was wont to have for all his beasts in a hundred acres of pasture of the said I. A. in D. And of all and all manner of oblations tenths of Grain Sheafs Hay Wool Flax Hemp Swine Geese of the fields c. and other emoluments whatsoever belonging appertaining growing or being within the said appurtenances in D. And Thanage Stallage Picage Pontage within the borough of D. of a certain corodie for ones bread one flagon of beer for all men in D. And of a water pit and a water-course running from a place called H. beneath and through the lands called K. unto the Mill called S. A wear or floudgate in D. and of the view of Frank pledge the liberty and Franchises in D. also of the custody or office of the Custody of B. of the keeping of the Park and Forrest of D. and of the ofice of a Steward in D. of the Bayliwick or office of a Bayliffe in D. Also of the Fairs of D. every year at the feasts of N. M. there to be kept the Markets of D. quiet or free passage over the water D. the rectory of D. the advowson presentation donation free disposition and right of patronage of the Church of D. a certain portion of tenths and pensions in D. Also of the moiety of the mannor of D. with the appurtenances and of the third part of the tenement of C. in three parts divided except and always reserved the patronage together with the Advowson of the Vicaridge of the Church of D. and the Chapel to the same Rectory annexed and all tithes of Grain view of Frank-pledge and all things which to the view of Frank-pledge belong Wards Marriages Escheats Cattles of Felons waived extrahur Felons Fugitives Outlawes attainted with the Lands and Tenements of Outlawes and Waives whatsoever estraies Markets wreck of the sea and all and so many rights jurisdictions privileges franchises and free-holds aforesaid or any of them concerning and to the said M. B. and his heirs as of
shall remain after to the right heirs of the said T. and F. for ever to hold c. And furthermore the same E. and R. have granted to the aforesaid T. and F. ten Messuages c. with the appurtenances in B. and C. aforesaid being the residue of the aforesaid Mannor Tenements and Rent aforesaid And those to them they have rendred in the same Court c. A Fine of homage rent and services Salop. ss COmmand E. T. Esquire that he hold to N. P. Covenant of one acre of land and fifteen shillngs rent with the appurtenances in G. and F. Andunlesse c. And the Concord is such to wit that the aforesaid E. T. hath recognised the aforesaid acres of land with the appurtenances to be the right of him the said N. as that which the said N. hath by the gift of the aforesaid E. And that he hath remised and quite claimed from himself and his heirs to the aforesaid N. and his heirs for ever And the aforesaid E. hath granted to the aforesaid N. the aforesaid rent together with homage and all service of the said J. H. and his heirs for so many tenements as the aforesaid E. first held in F. aforesaid to have perceive and enjoy the aforesaid rent together with the homage and all the service to the aforesaid N. and his heirs for ever And the aforesaid E. and his heirs will warrant to the aforesaid N. and his heirs the aforesaid acre of land and the rent aforesaid with the appurtenances together with the homage and all the service aforesaid soe as it is said against all men for ever And for this c A Fine of a Mannor and Knights fees and services by the Husband and Wife and others BBtween H. W. and J. B. plaintiffs and T. M. Knight and T. son of the same T. and E. wife of the same T. the Son and W. M. Deforcients of the Mannor of T. with the appurtenances whereof plea of Covenant was summoned between them in the same Court to wit that the aforesaid T. T. E. and W. have recognised the aforesaid Mannor with the appurtenances to be the right of him the said H. as that which the same H. and I. have by the gift of the aforesaid T. T. E. and W. together with seven Knights Fees in the same Mannor And have granted to the aforesaid H. and I. the aforesaid Mannor and Fees with the appurtenances together with the homages and all services of M. W. and I. N. and their heirs of so many Tenements as of the aforesaid T. T. E. and W. first they held in the same Mannor and those to them they have rendred in the said Court. To have and to hold to the same H. and I. and the heirs of the said H. of the chief Lords of that fee by the services which to the aforesaid Mannor and Fees pertain for ever And moreover the same T. T. E. and W. have granted for themselves and the heirs of him the said E. that they will warrant to the aforesaid H. and I. and the heirs of him the said H. the aforesaid Mannor and Fees with the appurtenances as aforesaid against all men for ever And for this Recognisance Grant Warranty Fine and Concord the said H. and I. have given to the aforesaid T. T. E. and W. twenty pounds sterling An old Fine in Frank almonie before Justices in Eyre in Anno 55. of King Henry the third THis is the final Concord made in the Court of the Soveraign Lord the King at Lincoln in 8 days of St. Michael In the year of the raign of Henry Son of King John the 55. before R. A. G. P. W. W. W. H. and I. O. Justices Itinerate and others of the Soveraign Lord the Kings faithfull Subjects then there present between J. D. plaintiff and the Prior of C. Deforcient of the Advowson of the Church of D. with the appurtenances whereof plea of Covenant was summoned between them in the same Court to wit that the aforesaid I. hath recognised the aforesaid Advowson with the appurtenances to be the right of him the said Prior and of his Church of S. Mary of C. as that which the said Prior and his Church have by the gift of W. Son of W. ancestor of the said I. whose heir he is To have and to hold to the said Prior and his successors and his Church aforesaid of the aforesaid I. and his heirs in pure and perpetual free almes free and quit from all secular service and execution for ever and the aforesaid I. and his heirs will warrant acquit and defend the same Prior and his successors and his Church the aforesaid advowson with the appurtenances c. And for this c. the same Prior hath remitted to the aforesaid I. all the benefits and prayers which hereafter shall be made in his Church aforesaid for ever A Concord of lands in the County Palatine of Lancaster Lancaster THis is the final Concord made in the Court of the Lord Protector at L. the 15 day of June in the year of our Lord 1654. before I. C. third Baron of the Exchequer of the Lord Protector and F. R. one of the Serjeants of the Lord Protector at Law Justices of the Lord Protector at L. and other faithfull men of the Lord Protector then there present between H. T. and R. H. plaintiffs and W. C. Gent. Deforcient of one Messuage c. with the appurtenances in T. whereof plea of Covenant was summoned between them in the same Court to wit that aforesaid W. hath recognised c. A Lease for years reserving a rent Ebor. ss COmmand F. T. and M. his Wife that justly c. they hold to I. H. and K. his Wife Covenant c. And the Concord is such to wit that the aforesaid E. and M. have granted the Tenements aforesaid with the appurtenances to have and to hold to the said I. and K. from the Feast c. which shall be in the year c. to be compleat if the aforesaid M. shall so long live yeelding therefore at the Feasts c. by equal portions to be paid during all the Term aforesaid c. And if it happen c. Quaere whether this be a good lease at this day against issue in tail A Lease for years rendring rent Ebor. ss COmmand T. P. Esq and W. Gent. that justly c. they hold to I. W. and E. M Covenant c. of one messuage c. with the appurtenances in H. and B. and of a free fishing in the water of B. and unlesse c. And the Concord is such to wit that the aforesaid T. and W. have recognised the tenement and free fishing aforesaid with the appurtenances to be the right of him the said I. as that which the said I. and E. have by the gift of the aforesaid T. and W. and that they have remised and quite claimed from themselves and their heirs to the aforesaid I.
Fine by the Husband and the Wife to the Husband and Wife with a Render Staff ss COmmand c. that justly c. keep Covenant c. of the Mannor of B. And unlesse c. And the Concord is such to wit that the aforesaid I. â— and E. have recognised the Mannor aforesaid with the appurtenances to be the right of him the said R. as those which the said R. and M. have by the gift of the aforesaid I. and E. and those they have remised and quite claimed from them the said I. and E. and the Heirs of him the said E. to the aforesaid R. and M. and the Heirs of him the said R. for ever And furthermore the said I. and E. have granted for themselves and the Heirs of the said E. that they will warrant the aforesaid Mannor with the appurtenances to the aforesaid R. and M. and the Heirs of him the said R. against all men for ever And for this recognisance remise quite claim warranty fine and concord the said R. and M. have granted for themselves and their Heirs to the aforesaid I. and E. and the Heirs of the body of him the said E. lawfully begotten four pounds rent issuing out of the Mannor aforesaid with the appurtenances and those to them they have rendred in the said Court. To have and perceive every year that is to say one moyety thereof at the Feast of St. M. and the other moyety thereof at the Feast of th' Annunciation of the blessed Virgin Mary to the said I. and E. and the heirs of the body of the said E. lawfully begotten by equal portions yearly to be paid by the hands of the Tenants which shall hereafter hold the said Mannor with the appurtenances And moreover the said R. and M. have granted for themselves and their heirs that if the aforesaid rent at any term wherein it ought to be paid shall be in arrear in part or in all that then it shall be lawfull for the aforesaid I. and the heirs of the body of him the said I. lawfully begotten to distrain the aforesaid R. and M. and their heirs and those which hereafter shall hold the said Mannor by all their goods and chattels in the said Mannor with the appurtenances found for twenty shillings in name of a pain for every Term so being in arrear by the space of one moneth And those to retain until full payment as well of the aforesaid four pounds rent as of the aforesaid twenty shillings Nomine poene which to them shall be in arrear c. A writ of Covenant that was for the King for the Tith-corn of a Parish and the manner of the endorsment thereof used by his Attorney General Essex ss COmmand A. B. and C. that they hold to us Covenant between us and the aforesaid A. and C. made of all and all manner of Tithes of grain growing comming or renewing within the said Parish of Hotton And unlesse they shall doe it summon by good summoners c. The Endorsment is thus Edward Coke Esq Attorney General of our Soveraign Lord the King for the said Soveraign Lord the King prosecutes this Writ A Fine knowledged by T. W. to I. R. of one Messuage one Barn of Land Meadow and Pasture and warranty against all men Essex ss COmmand T. W. Esq that justly c. he hold to I. R. the Covenant between them made of one Messuage one barn 25 acres of land 4 acres of meadow and 10 acres of pasture with the appurtenances in L. And unlesse c. And the Concord is such to wit that the aforesaid T. hath recognised the Tenements aforesaid with the appurtenances to be the right of the said I. as those which the said I. hath by the gift of the aforesaid T. And those he hath remised and quite claimed from himself and his heirs for ever And furthermore the said T. hath granted for himself and his heirs that he will warrant the Tenements aforesaid with the appurtenances to the aforesaid I. and his heirs against all men for ever And for this recognisance c. A Fine knowledged by the Husband and Wife and the Cognisee by the same Fine granteth and rendreth back again the premises to the said Conusors and to the heirs of the Husband one of the said Conusors for ever COmmand T. B. and E. his Wife that justly c. they hold to W. L. and I. K. the Covenants between them made of the Mannor of W. with the appurtenances and of 2 Messuages 80 acres of land 100 acres of Pasture 60 acres of wood and 5 shillings rent with the appurtenances in H. and B. And unlesse c. And the Concord is such to wit that the aforesaid T. and E. have recognised the Mannor Tenements and Rent aforesaid with the appurtenances to be the right of the said W. as those which the said W. and I. have by the gift of the aforesaid T. and E. and those they have remised and quit claimed from the said T. and E. and their heirs to the aforesaid W. and I. and the heirs of the said VV. for ever And furthermore the said T. and E. have granted for themselves and the heirs of the said E. that they will warrant the Mannor Tenements and rent aforesaid with the appurtenances unto the aforesaid W. and I. and the heirs of him the said W. against all men for ever And for this Recognisance c. the said W. and I. have granted to the aforesaid T. the Mannor Tenements and Rent aforesaid with the appurtenances and those to him they have rendred in the said Court. To have and to hold to the said T. and his heirs for ever A Fine knowledged by H. K. and I. his wife I. C. and K. his Wife to R. G. of one Messuage one Garden of land and pasture and the same Conusors for them and the heirs of Jo. do warrant two parts of the premisses in 3. parts divided to the Conusee and his heirs against all men for ever COmmand I. H. and I. his Wife that justly c. they hold to R. G. the Covenant between them made of one Messuage one garden 40 acres of land and 4 acres of pasture with the appurtenances in c. And unlesse c. And the Concord is such that the aforesaid I. and I. have recognised the Tenements aforesaid with the appurtenances to be the right of the said R. as those which the said R. hath by the gift of the aforesaid H. I. I. and K. and those they have remised and quite claimed for them the said H. and I. I. and K. and their heirs to the aforesaid R. and his heirs for ever And furthermore the said H. and I. I. and K. have granted for themselves and the heirs of the said I. that they will warrant two parts of the Tenements aforesaid with the appurtenances in three parts divided to the aforesaid R. and his heirs against all men for ever And for
the said M. and to his Heirs for ever warranty ANd the Concord is such to wit that the aforesaid W. and M. have recognised the Mannor and Tenements aforesaid with the appurtenances to be the right of him the said E. and R. as those which the said E. and R. have by the gift of the aforesaid W. and M. and those they have remised and quite claimed from themselves and their Heirs to the aforesaid E. and R. and the Heirs of him the said E. for ever And furthermore the said W. and M. have granted for themselves and the Heirs of the said W. that they will warrant the Mannor and Tenements aforesaid with the appurtenances to the aforesaid E. B. and R. and the Heirs of him the said E. against all men for ever And for this recognisance c. The said R. and E. have granted to the aforesaid M. one yearly rent of 12 l. issuing A Grant of a rent in recompence of joynture and Dower out of the aforesaid Mannor and Tenements with the appurtenances To have and to hold and yearly to perceive the aforesaid yearly rent of 12 pounds to the aforesaid M. and his assigns from the Feasts of St. Michael the Arch-angel or the Annuntiation of the blessed Virgin Mary next and immediatly following after the death of the aforesaid W. for and during the naturall life of the said Mary at two Terms of the year viz. at the Feasts of St. Michael the Arch-angel and the Annuntiation of the blessed Virgin Mary by equal portions yearly to be paid in full recompence of all the Title either of joynture or Dower which to the said M. ought to happen of any of the Lands or Tenements of the aforesaid W. P. And if it happen the aforesaid yearly rent of 12 pounds or any parcel thereof to be behind and unpaid after any Feast of the Feasts aforesaid wherein as aforesaid it ought to be paid That then and so often it shall and may be lawful for the aforesaid M. and his assigns into the aforesaid Mannor and Tenements or into any parcell thereof to enter and distrain the Distresse or Distresses so there taken to lead drive The render of the mannor c. To the Conusor and his Heirs for ever away and in their custody to retein untill of the aforesaid yearly rent of 12 pounds and of every parcel thereof together with the arrearages of the same if any shall be they shall be fully satisfied and paid And furthermore the said E. and R. have granted to the aforesaid W. the Mannor and Tenements aforesaid with the appurtenances and those to him they have rendred in the said Court To have and to hold the aforesaid Mannor with the appurtenances to the aforesaid W. and his heirs for ever To hold c. A Fine knowledged by I. G. alias G. and M. his wife to R. R. Knight Lord R. of one Messuage one Barn and one hundred shillings rent the parsonage of B. and the advowson of the Vicaridge of B. with warranty against the Conusor and his wife and the Heirs of the Husband COmmand I. G. otherwise G. I. and M. â—is wife that they hold to R. R. Knight Lord R. the Covenant c. of one Messuage one Barn fifteen acres of Land six acres of Meadow twenty acres of Pasture and five pounds rent with the appurtenances in B. and of the Rectory of B. aforesaid Also of the advowson of the Vicaridge of the Church of B. And unlesse c. And the Concord is such to wit that the aforesaid I. and M. have recognised the aforesaid Tenements Rent and Rectory with the appurtenances and the advowson aforesaid to be the right of him the said Lord R. as those which the said Lord R. hath by the gift of the aforesaid I. and M. and those they have remised and quâ—te claimed from them the said I. M. and their Heirs to the aforesaid Lord R. and his Heirs And furthermore the said I. and M. have granted for themselves and the Heirs of the said I. that they will warrant to the aforesaid Lord R. and his Heirs the aforesaid Tenements Rent Rectory with the appurtenances and the advowson aforesaid against the aforesaid I. and M. and the Heirs of him the aforesaid I. for ever And for this c. A Fine knowledged by I. S. and M. his wife of one Garden c. with two severall warranties The first warranty against the Conusors and their Heirs onely and in the second the said I. S. and M. his wife grant to warrant the Premises for them and the Heirs of the Husband against all men COmmand I. S. and M. his wife that justly c. they keep with N. M. the Covenant between them made of one Garden and ten acres of Land with the appurtenances in S. and unlesse c. And the Concord is such to wit that the aforesaid I. and M. have recognised the Tenements aforesaid with the appurtenances to be the right of him the said N. and those they have remised and quite claimed from them the said I. and M. and their Heirs to the aforesaid N. and his Heirs for ever And furthermore 1. warranty the said I. and M. have granted for themselves and the Heirs of him the said I. that they will warrant the Tenements aforesaid with the appurtenances to the aforesaid N. and his Heirs for ever And moreover the said I. and M. have granted for themselves and the Heirs of him the said I. that they will warrant 2 Warranty the aforesaid Tenements with the appurtenances to the aforesaid N. and his Heirs against all men for ever And for this c. A Fine knowledged by E. R. of a Mannor c. with warranty against all men COmmand E. R. Esq that justly c. he hold to H. W. Gent. the Covenant between them made of the Mannor of S. with the appurtenances and of 12 Messuages 10 Tofts 10 Gardens 2 Wind-mills 600 acres of Land 40 acres of meadow 6 acres of pasture 200 acres of Wood 50 acres of Furrs and Heath and 6 pounds rent with the appurtenances in c. And unlesse c. And the Concord is such to wit that the aforesaid E. R. hath recognised the Mannor Tenements and rent aforesaid with the appurtenances to be the right of him the said H. W. as those which the said H. hath by the gift of the aforesaid E. And those he hath remised and quite claimed from him the said E. and his heirs to the aforesaid H. and his heirs for ever And furthermore the said E. hath granted for himself and his heirs that they will warrant to the aforesaid A. and his heirs the Mannor Tenements and Rent aforesaid with the appurtenances against all men for ever And for this c. A Fine acknowledged within the County of Chester by H. S. Esq to W. F. R. C. of divers Mannors c. with warrantie against all men And the
Conusors by the same Fine grant and render the same Mannors c. unto the Conusor and his heirs males and for default of such heirs males then to certain persons for the life of I. S. brother unto the said Conusor and after his death to his heirs males And if the said I. S. died without heir male then to divers others of the name and kindred of the Conusor and to their heirs males and for default of such heirs the last remainder in fee to the right heirs of the Conusor for ever THis is the final concord made in the Court of c. at Chester Wednesday c. In the year c. before M. H. Knight Justice c. between W. F. and R. C. Plaintiffs and H. S. of O. in the County of Chester Esq of the Mannor of O. O. with the appurtenances and of 14 Messuages 500 acres of Land 200 acres of Meadow 500 acres of pasture 60 acres of wood 100 acres of Moor and Marish and 2 shillings rent with the appurtenances in O. O. in C. and W. and of the moyety of the Mannor of E. with the appurtenances and of 6 Messuages 100 acres of Land 100 acres of Meadow 20 acres of Pasture 2 acres of Wood 20 acres of Furrs and Heath with the appurtenances in E. whereof plea of Covenant was summoned between them in the said Court to wit that the aforesaid H. hath recognized the Mannor Tenements and rent aforesaid with the appurtenances and his aforesaid moyety of the Mannor of E. and the aforesaid Tenements in E. aforesaid with the appurtenances to be the right of him the said W. as those which the said W. and R. C. have by the gift of the aforesaid R. And those they have remised and quite claimed from him the said H. and his heirs to the aforesaid W. and R. and the heirs of him the said W. for ever And furthermore the said H. hath granted for himself and his heirs that he Warranty and his heirs will warrant the Mannors Tenements and Rent aforesaid and the aforesaid moyety of the said Mannor of E. and the aforesaid tenements in E. aforesaid with the appurtenances to the aforesaid W. and R. and the heirs of him the said W. against all men for ever And for this recognizance remise The render quite claim warranty fine and Concord the aforesaid W. and R. in the said Court have granted to the aforesaid H. M. the Mannors Tenements and rent aforesaid and the aforesaid moyety of the aforesaid Mannor of E. and the aforesaid Tenements in E. aforesaid with th' appurtenances and those to them they have rendred in the said Court. To have to remainders in tail the said H. and the Heirs males of his body lawfully begotten And if it happen the aforesaid H. to die without heir male of his body The remainders after the death of I. S. the Conusors brother to the heirs male of the said I. S. lawfully begotten That then the aforesaid Mannors Tenements and rent and the aforesaid moyety of the aforesaid Mannor of E. and the aforesaid Tenements in E. with the appurtenances after the death of the aforesaid H. S. to R. S. son and heir apparent of T. S. Esq to R. S. son of E. S. to R. B. and E. B. for term of the life of I. S. brother of the aforesaid H. may remain so that the Mannors Tenements and rent aforesaid and the aforesaid moyety of the aforesaid Mannor of E. and the aforesaid Tenements in E. with the appurtenances after the death of the aforesaid I. S. to the heirs males of the body of the aforesaid I. lawfully begotten may remain And if it happen the The other remainders if the said I. S. die without heir male said I. S. to die without heir male of his body lawfully begotten that then the Mannors Tenements and rent aforesaid and the aforesaid moyety of the aforesaid Mannor of E. and the aforesaid Tenements in E. aforesaid with the appurtenances to T. S. of S. Esq and the heirs males of his body lawfully begotten may remain And if it happen the aforesaid T. S. to die without heir male of his body lawfully begotten That then the aforesaid Mannors Tenements and rent and the aforesaid moyety of the said Mannor of E. and The last remainder in fee to the right heirs of the Conusor for ever the aforesaid Tenements in E. aforesaid with the appurtenances to T. S. son of I. S. and the heirs males of the body of the said T. S. son of the aforesaid G. lawfully begotten may remain c. And if it happen the said G. to die without heir male of his body lawfully begotten that then the Mannors Tenements and Rent aforesaid and the aforesaid moyety of the said Mannor of E. and the Tenements aforesaid in E. aforesaid with the appurtenances to the right heirs of the aforesaid H. S. may remain for ever A Fine knowledged before the Justices of Chester by B. P. and E. his Wife of a Mannor c. one Water-mill one Dove-house one Garden two Orchards c. with warranty COmmand B. P. and E. his Wife that justly c. they hold to I. S. Esq the Covenant between them made of the Manor of O. alias O. and of one Wind-mill one Dove-house one Garden two Orchards 100 acres of land 60 acres of meadow 200 acres of pasture 40 acres of wood 100 acres of heath 300 acres of Moor 100 acres of Turbary 50 acres of Marish 30 acres of Land covered with water with the appurtenancs in O. And unlesse c. And the Concord is such to wit that the aforesaid B. and E. have recognised the Mannor and Tenements aforesaid with the appurtenances to be the right of him the said I. And those they have remised and quite claimed from themselves and their heirs to the aforesaid I. and his heirs for ever And furthermore the aforesaid B. and E. have granted for themselves and the heirs of the said B. that they will warrant the Mannors and Tenements warranty aforesaid with the appurtenances to the aforesaid I. and his heirs against the aforesaid B. and E. and the heirs of him the said B. for ever And for this c. A Fine knowledged by an Earl and his wife of a Mannor advowson liberties free warrâ—n and free fishing and a sould course for 2000 Sheep COmmand Thomas Earl of Sussex Fran. his Wife that justly c. they hold to Will. Curson Esquire the Covenant between them made of the Mannor of B. with the appurtenances and of 80 Messuages 80 Cottages 10 Tofts 100 Gardens 60 Orchards 400 acres of Land 60 acres of Meadow 200 acres of Pasture 20 acres of Wood 40 acres of Furies and Heath 200 acres of Moor 100 acres of Willows 20 s. rent with the appurtenances in Billingsod otherwise Billingforth Bilowe otherwise Bylingh c. Also of the advowson of the Church of Bilingford and of the liberty of fold
B. And the Concord is such to wit that the aforesaid O. and A. have recognised the Tenements aforesaid with the appurtenances to be the right of the said W. as those which the said W. and N. have by the gift of the aforesaid O. and A. And those they have remised and quite claimed from them the said O. and A. and the heirs of the said A. to the aforesaid W. and N. and the heirs of the said W. for ever And furthermore the said O. and A. have granted for themselves and the heirs of the said A. that they will warrant to the aforesaid W. and N. and the heirs of the said W. the aforesaid tenements with the appurtenances against the aforesaid O. A. the heirs of the said A. for ever And for this c. A Fine knowledged by two Husbands and their Wives of two Messuages and two Gardens with several warranties COmmand G. F. and R. his Wife A. I. and K. his Wife that they hold to G. T. the Covenant c. of two Messuages two Gardens with the appurtenances in K c. And unlesse c. And the Concord is such to wiâ— that the aforesaid G. and R. and A. and K. have recognised the tenements aforesaid with the appurtenances to be the right of the said G. as those which the said I. hath by the gift of the aforesaid G. and R. and A. K. those they have remised and quite claimed from them the said G. and R. and A. and K. and the heirs of the said R and K. to the aforesaid G. and his heirs for ever And furthermore the said G and R. have granted for themselves and the heirs of the said R. that they will warrant to the aforesaid G. and his heirs the aforesaid Warranty Tenements with the appurtenances against the aforesaid G. and R. and the heirs of the said R. And moreover the said A. K. have granted for themselves and the heirs of the said K. that they will warrant to the aforesaid G. and his heirs the aforesaid Tenements with the appurtenances against the aforesaid A. and K. and the heirs of the said K. for ever And for this c. Note That Dyer that was Chief Justice saith That if the women had been sisters that then there needed not double waranty in form aforesaid but single warranty is good asserts A Fine knowledged by the Husband and his Wife to a man and his wife of one Messuage one Garden one Orchard one Barn one Stable one Wharf c. with warranty COmmand R. I. and H. his wife that justly c. they hold to A. I. and K. his wife the Covenant c. of one Messuage one Garden one Orchard one Barn one Stable one Wharf and one acre of Wood with the appurtenances in K. upon K. And unlesse c. warranty And the Concord is such to wit that the aforesaid R. and H. have recognised the Tenements aforesaid with the appurtenances to be the right of the said K. as those which the said A. and K. have by the gift of the aforesaid R. and H. And those they have remised and quite claimed for them the said R. and H. and their heirs to the aforesaid A. K. and the heirs of the said K. for ever And furthermore the said R. and H. have granted for themselves and the heirs of the said H. that they will warrant to the aforesaid A. K. the heirs of the said K. the aforesaid Tenem with the appurtenances against the aforesaid R. and H. and the heirs of the said H. for ever And for this c. A Fine knowledged by an Earl and his Wife to W. C. of a rent of 40 pounds going out of divers Mannors with warranty COmmand F. Earl of H. and Dame K. his wife Countesse of H. that justly and without delay they hold to W. C. Esq the Covenant c. of 40 l. rent going out of the Mannors of B. S. c. And unlesse c. And the Concord is such to wit that the aforesaid Earl and Countesse have recognised the Rent aforesaid with the appurtenances to be the right of him the said W. as those which the said W. hath by the gift of the aforesaid Earl and Countesse And those they have remised and quite claimed from themselves and their Heirs to the aforesaid W. and his Heirs for ever And moreover the said Earl and Countesse do grant for themselves and the Heires of him the said warranty Earl that they will warrant the Rent aforesaid with the appurtenances to the aforesaid H. and his Heirs against all men for ever And for this c. A Fine knowledged by the Husband and the Wife and one R. D. to R. B. of one Mannor c. one Messuage called M c. with warranty who grant and render the same again to R. D. one of the Conusors for term of 21 years to begin at a time to come reserving a Rent and afterwards the Conusees grant the reversion of the said Mannor c. and the reversion to one of the Conusors and his wife and to the heirs of the Husband to hold of the chief Lords of the Fee COmmand I. F. and B. his Wife and R. D. that justly c. they hold to R. B. the Covenant c. of the Mannor of C. and I. with the appurtenances and of two Messuages called B. 20 Messuages 40. acres of Land 100 acres of Meadow 500 acres of Pasture 200 acres of Wood and 40 acres of Furrs and Heath with the appurtenances in W. F. And unlesse c. And the Concord is such to wit that the aforesaid I. B. and R. have recognised the aforesaid Mannors and Tenements with the appurtenances to be the right of him the said R. B. as those which the said R. hath by the gift of the aforesaid I. and B. and R. and those they have remised and quite claimed from themselves and their Heirs to the aforesaid R. and his Heirs for ever And furthermore the said I. and B. have granted for themselves and the Heirs of him the said I. warranty that they will warrant to the aforesaid R. and his Heirs the aforesaid Mannors and Tenements with the appurtenances against all men for ever And for this c. the same R. hath granted to the aforesaid R. the aforesaid Mannors and Tenements with the appurtenances and those to him he hath rendred c. To have and to hold to the aforesaid R. from the Feast of St. Michael the Arch-angel The Term the beginning thereof which shall be in the year of our Lord 1650. until the end of the Term of 21 years from thence next following and fully to be compleat Yielding therefore yearly to the aforesaid R. and his Heirs one yearly Rent of Rent 27 l. and 6 s. of lawfull money of England at the Feast of Saint Michael the Arch-angel and of the Annunciation of the blessed Virgin Mary
by equal portions yearly to be paid the first payment thereof beginning at the Feast of St. Michael the Archangel which shall be in the year of our Lord 1651. Clause of Distresse And if it happen that the aforesaid rent of 27 l. 6 s. to be in arrear in part oâ— in all after any Feast of the Feasts aforesaid in which as aforesaid it ought to be paid That then it shall be lawfull for the aforesaid R and his Heits into the aforesaid Mannor and Tenements with the appurtenances to enter and to Distrain and the Distresses so thereupon taken and had to lead bear and drive away and in his custody to retain until of the aforesaid Rent of 27. l. 6. s. with the arrerages thereof if any shall be he shall be fully satisfied and paid Also the said The grant of the Reversion the rent to the Husband and the wife being the Conusees to the heirs of the Husband R. hath granted to the aforesaid I. and B. the reversion of the Mannors and Tenements aforesaid with the appurtenances and the aforesaid Rent above expressed and reserved and those to them he hath rendred c. To have and to hold to the said I. and B. and the heirs of him the said I. of the Chief Lords of that Fee by the services c. A Fine knowledged by the Husband and wife to one I. L. Esquire of 2 Mannors c. with warranty in consideration the Conusee granteth a rent to the Husband and his wife and to the heirs of the Husband COmmand R. P. and I. his Wife that they hold to I. L. the Covenant c. of the Mannors of A. and W. with the appurtenances and of 4 Messages 6 Cottages 1 Dove-house 200 acres of land 40 acres of Meadow 300 acres of pasture 20 acres of wood 20 acres of furres and heath with the appurtenances in W. and W. And unlesse c. And the Concord is such to wit that the A rent granted by the Conusee aforesaid R. P. and I. his wife have recognised the Mannors and Tenements aforesaid with the appurtenances to be the right of him the said I. as those which the said I. hath by the gift of the aforesaid R. P. and I. his wife And those they have remised c. And furthermore c. And for this c. the same I. L. hath granted to the aforesaid R. and I. his wife and the heirs of the aforesaid I. the annual rent of 30 l. to be paid at two accustomed VVhen the rent shall begin to be payable Terms of the year that is to say at the Feast of St. Michael the Archangel and of the Annunciation of the blessed Virgin Mary by equal portions the first payment thereof beginning at the Feast of St. Michael the Archangel or of the Annunciation of the blessed Virgin Mary which shall next happen after the death of the aforesaid L. and C. being his now wife or any other which afterwards shall A clause of distr for the rent after it hath been lawfully dâ—manded happen to be his wife And if it happen the aforesaid yearly rent of 30 l. to be behind and unpaid in part or in all by the space of c. after any Feast of the Feasts aforesaid wherein as aforesaid it ought to be paid if it be lawfully demanded that then c. A Fine knowledged by the Husband and the wife to H. C. of the third part of a rent issuing out of a Mannor with a warranty against all men COmmand R. and I. his wife that justly c. they hold to H. C. the Covenant c. of the third part of 5 l. 6 s. 8 d. rent with the appurtenances issuing out of the Mannor of K. And unlesse c. VVarranty And the Concord is such to wit that the aforesaid R. and I. have recognised the third part of the rent aforesaid with the appurtenances to be the right of him the said H. as those which the same H. hath by the gift of the aforesaid R. and I. And those they have remised and quite-claimed from themselves and the heirs of him the said I. to the aforesaid H. and his heirs for ever And furthermore the same R. and I. have granted for themselves and the heirs of him the said I. that they will warrant to the aforesaid H. and his heirs the aforesaid third part of the rent with the appurtenances against all men for ever And for this c. A Fine knowledged by the Husband and his wife to one T. H. of the third part of 34 acres of Meadow by these words viz. concesserunt reddiderunt c. during the wives life with warranty also during her life COmmand H. P. and M. his wife that they hold to T. H. the Covenant c. of the third part of 34 acres of Meadow 44 acres of Pasture and 6 acres of wood with the appurtenances in S. And unlesse c. A fine upon release of dower by the husband and wise The estate The wa And the Concord is such to wit that the aforesaid H. and M. have granted and rendred the tenements aforesaid with the appurtenances to the aforesaid T. and his heirs during the life of her the said M. And the aforesaid H. and M. will warrant the tenements aforesaid with the appurtenances to the aforesaid T. and his heirs during all the life of her the said M. And for this c. A Fine knowledged by V. K. knight to I S. knight E. G. the Queens Atturney general and others of two Manners 70 Messuages and Cottages c. which the Lady V widdow hath for her life of the inheritance of the Conusor the day of the Concord made and ofter her death is to revert to the Conusor the which by this sine after the death of the said Lady V. is wholly to remain to all the Conusees in the fine and to the heirs of the said I. S. knight the first of the Conusees in the laid fine with warranty against all men A Fine of the reversion after Tenant in Dower COmmand V. K. Knight that he hold to I. S. knight E. G. our Atturney general R. W. Esq and W. R. Gent. the Covenants c. of the Mannors of H. otherwise of the Prior H. and M. otherwise Prior M. of 70 Messuages and Cottages The widdows estate in the Conusors inheritance And the Concord is such to wit that the aforesaid V. hath recognised the Mannors Tenements and rent aforesaid with the appurtenances to be the right of him the said S. And hath granted for himself and his heirs that the Mannors Tenements and Rent aforesaid with the appurtenances which Dame V. K. widdow holdeth for term of her life of the inheritance of the aforesaid V. the day that this Concord was made And that after the decease of the same Dame V. unto the aforesaid V. and his heirs ought to revert which after the
pasture 60 acres of wood 100 acres of Furres and Heath with the appurtenances in N. B. C. D. c. And unlesse c. And the Concord is such to wit that the aforesaid I. P. and E. have recognised the aforesaid Tenements and moyety with the appurtenances to be the right of him the said I. L. as those which the same I. L. hath by the gift of the aforesaid I. P. and E. and those they have remised and quite claimed from themselves and their heirs to the aforesaid I. L. and his heirs for ever And furthermore the same I. P. and E. have granted for themselves and the heirs of her the said E. that they will warrant to the aforesaid I. L. and his heirs the aforesaid Tenements and moyety with the appurtenances against all men for ever And for this c. The order of taking the knowledge of a Fine by a Dedimus Potestatem directed to divers but the knowledge taken only by two of the Commissioners and the certifying thereof by the Commissioners that took the knowledge AFter the Fine is acknowledged the Commissioners must write under the Concord of the said Fine as followeth Taken and knowledged this day c. in the year c. before A. B. Esquire and C. D. by virtue of the writ of the Lord Protector of Dedimus potestatem to us and others directed Commissioners A. B. C. D. Then write upon the back of the Dedimus Potestatem The Answer of A. B. Esq C. D. Gent. two of the Commissioners within named The execution of this Commission appeareth in a certain Schedule to this Commission annexed Then must the Commissioners subscribe their names A Fine knowledged by W. D. and I. D. to I. R. and I. D. of one Messuage and one Cottage in Ipswich with warrantie against all men In consideration whereof the Conusees do grant and render the premises to the said I. D. one of the Conusers for the term of 7 days next following and afterwards the same premises wholly to remain to one M. G. for her life and after her death the premises wholly to remain to the said W. D. oneof the said Conusors and his heirs for ever COmmand W. D. and I. D. that justly c. they hold to I. R. Gent. and I. D. the Covenant of one Messuage and one Cottage with the appurtenances in I. And unlesse c. warranty And the Concord is such to wit that the aforesaid W. D. and I. D. have recognised the tenements aforesaid with the appurtenances to be the right of him the said I. as those which the same I. and I. D. have by the gift of the aforesaid W. D. and I. D. And those they have remised and quite claimed from themselves and rheir heirs to the aforesaid I. I. and the heirs of him the said I. for ever And furthermore the same W. and I. have granted for themselves and the heirs of him the said I. D. that they will warrant to the aforesaid I. and I. and the heirs of him the said I. the tenements aforesaid with the appurtenances against all men for ever And for this recognisance c. the same I. and I. have granted the tenements aforesaid with the appurtenances to the aforesaid I. D. And The render those to him they have rendred in the same Court. To have and to hold to the said I. D. for term of 7 days from hence next following And after that Term ended the aforesaid Tenements with the appurtenances shall wholly remain to one M. G. To have and to hold to the said M. to hold of the chief c. during the life of the said M. and after the decease of the said M. the aforesaid Tenements with the appurtenances shall wholly remain to the aforesaid W. D. and their heirs for ever to hold of the chief c. A Fine acknowledged by the Husband and his Wife to H. S. Esquire of of 2 Messuages c. with warranty against all men THis is the final Concord made in the Court c. at c. the day in the A Fine sur cognisance de droit year c between H. S. Plaintiff and W. G. and S. his wife Deforcients of 2 Messuages 2 Witch-houses otherwise Salt-houses 2 Shops 2 Chambers one Stable 10 acres of land 4 acres of Meadow and 6 acres of Pasture with the appurtenances in c. whereof plea of Covenant was summoned between them in the same Court to wit that the aforesaid W. and E. his Wife have recognised the tenements aforesaid with the appurcenances to be the right of the aforesaid H. S. as those which the same H. S. hath by the gift of the aforesaid W. E. And those they have remised and quite-claimed from themselves and their heirs to the aforesaid H. and his heirs for ever And moreover the aforesaid W. and E. have granted for themselves and the heirs of him the said W. that they and the heirs of the aforesaid W. the tenements aforesaid with the appurtenances to the aforesaid H. and his heirs will warrant for ever And for this c. A Fine acknowledged before the Justices of the Common pleas at Westminster c. with warranty against all men warranty THis is the final Concord in the Court of the Lord Protector at VVestminster in 8 days of St. Martin In the year c. before E. M. W. S. H. B. and I. H. Justices and other faithfull c. then there present between R. B. Esquire and J. L. Gent. and R. L. Gent. Plaintiffs and H. D. Deforcient of 2 Messuages one toft 80 acres of land 20 acres of Meadow 40 acres of Pasture and 3 acres of Wood with the appurtenances in H. and W. whereof plea of Covenant was summoned between them in the same Court to wit that the aforesaid H. hath recognised the aforesaid tenem with the appurt to be the right of him the said R. B. as those which the same R. J. and R. have by the gift of the aforesaid H. and those he hath remised and quit claimed from himself and his heirs to the aforesaid R. J. and R. and the heirs of him the said R. for ever And furthermore the same H. hath granted for himself and his heirs that he will warrant to I. R. and the heirs of him the said R. the aforesaid Tenements with the appurtenances against all men for ever And for this remise quit claim warranty fine and Concord the same R. I. and R. have given to the aforesaid H. 38 l. sterling A Fine acknowledged by R. H. of P. to R. B. of the Mnnnor of I. with warranty against the Conusor and his heirs COmmand R H. of P. Esquire that justly c. he hold to R. B. R. H. c. the Covenant between them made of the Mannor of J. otherwise J. with the appurtenances and of 20 Messuages 500 acres of land 100 acres of Meadow 500 acres of Pasture 100 acres of wood 100 acres of
Tenements do belong for ever Adjuncts of Concords THe adjuncts of a Concord be of two sorts Internal External Internal be such as be contained within the very Concord it self of which sort be the clause of reservation of the Services Rent or other thing the clause Reservation Nomine poene Distresse of Nomine poene the clause of Distresse and the clause of Warranty All which clauses of Reservation Nomine poene Distresse and Warranty are to be made in such words and in such formes as the like are made in Instruments extrajudicial Warranty And warranties be sometimes general that is to say against all men some against all except certain persons some against certain persons only some against every Cognisor and his heirs severally and some against one of the Cognisors and his heirs only some of all the lands in Fine some of all except part and some of part only certainly expressed Licence Alienation The External adjuncts of Concords be the licence of alienation the Dedimus potestatem the examination of the parties and the cognisance The licence of Alienation is a power or authority given by the King now by the L. Prot. to the parties that lands may be alienated without incurring the danger of contempt And every such licence is either to alien lands holden in Capite or to alien lands into mortmain The license of alienation of lands holden in Capite may vary from the Fine and be good 32 H. 8. Br Alienation 4. 30. Docket For the obtaining of which licence the Clark of the licences doth use to draw a Docket in paper containing the effect of the Fine Feoffment or other Deeds whereby the alienation is to be made Affidavit And thereupon affidavit or composition must be made for the value of the lands which are to passe thereby which is to be signed by the Doctor of the Chancery that hath power to take Oath Then the Kings Fine is to be paid to the receiver of Fines who will sign the Docket And after the same is to be signed by two of the Commissioners of the Office of of Fines and Licences and upon that Docket the Clerk of the Licences is to make the Licence and get it sealed with the great Seal which licence is to be made in form following OLiver c. To all to whom these present Letters shall come greeting Know ye that we of our special grace and for 3 pounds to us paid in our treasury have granted and gâ—ven licence and by these presents do grant and give licence for us and our heirs as much as in us is to our beloved friend J. F. that he all the Moyety of the Mannor of C. with the appurtenances and 40 Messuages 20 Cottages 40 Gardens 50 acres of Land 40 acres of Meadow 300 acres of pasture 30 acres of wood 300 acres of Moor and twenty pounds rent with the appurtenances in W. and elsewhere in our County of N. to the said moyety appertaining or belonging parcel thereof being reputed or accepted as they are held of us in Capite may give grant alien sell bargain enfeoffe warrant or knowledge by sine in our Court before our Justices of the Common Bench or otherwise or by any mean whatsoever to our beloved friend E. R. To have and to hold to the same E. his heirs and assigns of us and our heirs by the service aforesaid for ever as aforesaid by the tenor of these presents we have likewise given licence and do give special licence unwilling that the aforesaid I. or his heirs or the aforesaid E. or his assigns aforesaid by reason of the premises by us our heirs or successors Justices Escheators Sheriffs Bayliffs or other our Officers or Ministers whosoever of our heirs or successors thereof should be occasioned molested disturbed vexed or grieved in any thing or any of them should be occasioned molested disturbed vexed or granted in any thing In testimony of which thing these our Letters Patents we have caused to be made Witnesse my self at Westminster the last day c. A licence to alien in Mortmain OLiver c. To all c. know ye that we of our special grace and for 40 s. to us paid in our treasury have granted and given licence and doe give licence for us and our heirs as much as in us is to R. S. that he the advowson of L. to the Abbot and Covent of L. in the County of E. may give and grant To hold to them and their successors of the said soveraign Lord and his heirs in free pure and perpetual free alms for ever And to the same Abbot and Covent that they the advowson from the aforesaid R. S. may receive and appropriate that Church and that so appropriated may to their own uses hold to themselves and their successors of the said Lord Protector and his heirs in free pure and perpetual free almes for ever Nilling c. Ut supra Quod permittat finem levari ANd after that such licence is had the use was which is not now in use to have a writ mentioning the licence and the effect of the Fine directed to the Justices of the Common place commanding them that they print the Fine so levied Register f. 176. a. 1. E. 3. ca. 12. 34 E. 3. ca. 15. 33 H. 6. f. 2. The form of which writ succeedeth REx To his Justices of the Bench greeting Whereas by our Letters Patents of our special grace we have granted to I. S. that he of his Mannors of F. and W. with the appurtenances which are held of us in Capite may infeoffe to K. c. reciting the whole Charter as in our Letters aforesaid more fully it is contained and our Writ of Covenant hangeth before you in the Bench aforesaid between the aforesaid I. and K. of the Mannors aforesaid to levy a Fine thereof between them according to the Law and Custom of our Kingdom of England as we have been informed we command you that that Fine between the parties aforesaid of the Mannors aforesaid before you in the same Bench to be levied ye permit according to the tenour of our Letters aforesaid Witness c. But before the 20 H. 3. the Kings tenant in Capite might have aliened his free lands without licence 14 H. 4. 3. 20. Ass Pâ—ac 17. as it seeemeth The Writ of ad quod damnum BUt before the granting of any such licence either to alien Lands holden in chief or to alien lands in Mortmaine or release right in Mortmain or exchange the ancient use was to have a writ ad quod damnum conteining the substance of the Kings licence out of the Chancery directed to the Escheator in the County wherein the Lands lye to be aliened to enquire and certifie into the Chancery what damage or prejudice the alienation thereof will be to the King or the other chief Lord of whom they are holden And of what tenure and value the Lands be And
whether there remains sufficient free-lands besides those to the Alienor to sustain publick charges and to be in Assizes and Juries c. And this is as well where the Alienation is made by the King or by a Corporation or a Feme covert as by any other The like inquiry by Writ of ad quod damnum hath been used before the King made any grant or pardon for alienation lease release confirmation or licence and after the Inquisition returned and certified into the Chancery to effect the same accordingly F. N. B. f. 221. inde usque f. 227. But now experience is to the contrary in lieu whereof the use of late hath been to put in the Kings Patents in these words absque aliquo brevi de Ad quod damnum seu aliquibus aliis bâ—evibus seu mandatis super inde habendis fiendis aut prosequendis And one Writ of ad quod damnum will serve for divets Purchasers and a licence to alien in Mortmain of one King will serve in the time of another But not so of Lands holden in chief 22 E. 3. F. N. B. in brevi de ad quod damnum Of a pardon for alienation A fine of pardon BUt if perchance any alienation be made without licence a Pardon must be sued the fine whereof is the value of the Lands by one year and the mean profits between the Inquisition and the pardon 31 H. 8. Br. Alienation 29. unlesse the Commissioners will more favourably compound for the same as in some cases upon reasonable cause shewed they use to doe which Pardon being purchased the Purchaser is to hold the Land still 14 H. 6. 26. 50. Ass p. 2. 1 E. 3. c. 12. 34 E. 3. c. 15. Fine of licence But the Fine of a Licence to alien Lands holden in Capite is the third part of the yearly value thereof 26 H. 8. Br. Alienation 29. Mortmain But if a lienation of Lands into Mortmaine be made without licence the King may seise them as forfeited or escheateâ—d Mag. Char. ca. 36. West 2. ca. 32. And for a licence thereof to be granted the fine thereupon to be paid is the value of the land by 3 years 26 H. 8. Br. Alienation â—9 Variance But variance between the licence and the fine is not material if it be all one alienation 32 H. 8. Br. Alien 30. Release And it seemeth that a Fine sur release or other release is none alienation and therefore no fine due for the same P. 37 H. 8. Br. Alienation 31. Recovery But fines are payable and licences to be sued upon common recoveries 39 H. 6. 32 H. 8. c. 1. 4. E. 3. Will. Devise by Will is an Alienation 3. Ma. 1. Br. Alien 37. Of the Dedimus Potestatem to take Cognisance of a fine A Dedimus Potestatem to take knowledge of a Fine is as aforesaid a Writ Commissional directed to one or more giving them-power to take and certifie to the Justices of the Common Place the cognisance of the Cognisees when they cannâ—t conveniently travell to doe it in Court and it ought to recâ—te the substance of the writ or Covenant and bear teste or date after it F. N. f. 146. g. The form of the writ of Covenant and Dedimus Potestatem with the returns thereof ensue The writ of Covenant OLiver c. To the Sheriff of York greeting Command T. B. Esquire and A. his wife that justly and without delay they hold to V. P. Gent. the Covenant between them made of the Mannor of T. with the appurtenances And of two Messuages 3 Cottages five Tofts one Dove-house five gardens five Orchards 110 acres of land 50 acres of meadow 50. acres of pasture 10 acres of wood 100 acres of ling and heath 40 s. rent common of pasture for all manner of beasts with the appurtenances in W. B. And unlesse they shall doe it and the aforesaid W. shall secure you for prosecuting his complaint then summon by good summoners the aforesaid T. and A. that they be here before our Justices at Westminster in 8 dayes of St. Michael to shew wherefore they will not doe it And have you there the Summoners and this Writ Witnesse c. the 14th day of N. In the year c. Fine And the Fine thereof was wont to be entred under the Writ thus For xx s. paid to the Farmer of the Fines of ouâ— Soveraign Lord the King by vertue of the Kings warrant Indorsement Then must the writ of Covenant be indorsed thus By E. S. for the fine within written who affirmeth that the Tenements within named doe not exceed the value of 10 l. by the year The Sheriffs return E. S. Pledges of persecuting John Doo Rich. Roo Sumoners John Den. Rich Fen. The Commis of Fines W. L. T. W R. Eure. Esq Sheriff The Dedimus potestatem thereof OL. c. To our beloved and faithfull c. greeting Whereas our writ of Covenant hangeth before our Justices of the Bench between W. P. Gent. and T. B. Esq and Ann his Wife of the mannor of T. with the appurtenances and of 2 Messuages 3 Cottages 5 Tofts 1 Dove-house 5 Gardens 5 Orchards 110 acres of Land 50 acres of Meadow 50 acres of Pasture 10 acres of Wood 100 acres of Ling and Heath 40 s. Rent and Common of Pasture for all kinds of Beasts with the appurtenances in W. and B. in the County of Tork to leavy a Fine thereof between them before our Justices aforesaid in the Bench aforesaid according to the Law and custom of our Common-wealth of England And the aforesaid T. and A. are so impotent that without the greatest danger of their bodies unto Westm at the day in the said writ conteined to make Cognisances which in this behalf are required travell they cannot as we have received We to the state of the said T. and A. pitifull in this behalf have given to you four three or two of you power to receive the Cognisanses which the said T. and A. before you four three or two of you shall make of the Premises And therefore you four three or two of you we command that unto the aforesaid T. and A. personally going you receive their Cognisances aforesaid and after ye have received them our Justices aforesaid thereof under the Seals of four three or two of you distinctly and openly you certifie that then that Fine between the parties aforesaid of the Premises before our Justices aforesaid in the Bench aforesaid may be levied according to the Law and Custom aforesaid sending to the said Justices this writ witnesse my self at Westminster 14th day of Novemb In the year c. Garth The name of the Cursiter The said Dedimus potestamus must be endorsed thus By the Commissioners of the great Seal of England at the iâ—stâ—â—ce of the demandant 〈◊〉 formerly it was thus Per Dominum custod magni Sigilli Angliae ad instanc petend The
Commissioners c. names must be subscribed thereunto and the Justice of the Circuit thus The Commissioners names I. P. C. D. and E. F. The Justice of the Circuit F. B. Return The execution of this writ appeareth in the Schedule to the same annexed The Precipe and Concord which must be filed to the Dedimus Potestatem The writ of Covenant COmmand T. of P. Esq and A. his York ss Wife that justly c. they hold to W. P. Gent. the Covenant c. of the Mannor of T. with the appurtenances and of 2 Messuages 3 Cottages 5 Tofts one Dove-house 5 Gardens 5 Orchards 100 acres of Land 50 acres of Meadow 50 acres of Pasture 10 acres of Wood 100 acres of Ling and Heath forty shillings rent and Common of Pasture for all Manner of Beasts with the appurtenances in W. and B. and unlesse c. And the Concord is such to wit that the aforesaid T. and A. have recognised the aforesaid Mannor Dove-house Tenemments Rent and Common of Pasture with the appurtenances to be the right of him the said W. as those which the said W. hath by the gift of the aforesaid T. and A. And those they have remised and quite claimed from them the said T. and A. and the Heirs of him the said T. to the aforesaid W. and his Heirs for ever And furthermore the said T. and A. have granted for themselves and the Heirs of him the said T. that they will warrant to the aforesaid W. and his Heirs the a-aforesaid Mannor Dove-house Tenements Rent and Common of Pasture with the appurt against themselves and the Heirs assigns of him the said T. and against the Heirs and assigns of I B. Esq and against all men claiming or having any right title estate use interest or demand of or in the same Mannors Dove-houses Tenements Rent and Common of Pasture with the appurtenances or of or in any parcell thereof by or from under the said T. and I. his Heirs or assigns or the heirs or assigns of either of them and for this c. Taken and acknowleged at K. in the County of York the ninteenth day of January in the year c. before The Commissioners names G. Shrew W. West The names of the parties T. B. A. B. A Dedimus potestatem upon a Writ of Customs and Services for a Fine thereof to be levied O. c. to his beloved and faithfull R. H. one of the Justices of the Bench greeting Whereas our Writ of Customs and Services hangeth before your Associates our Justices of the Bench between W. B. Esq and E. A. Esq of the Customs and Services which the same E. to the said W. ought to do of his free Tenement which of him he holdeth in N. as in Homages Fealty Releifes and other Services in the County of S. And we at the petition of the aforesaid W. and E. have given them Licence thereof to Concord and the aforesaid W. and E. of themselves are so impotent that without very great danger of their bodies unto Westminster at the day in our writ conteined to make the Cognisances which in this behalf are required are not able to travel as we have received We pittying the state of the same W. and E. in this behalf have given to you power to receive the Cognisances which the same W. and E. before you shall make of the Premises And therefore we command you that unto the aforesaid W. and E. personally comming you receive their Cognisances aforesaid And when you have received them your associates thereof distinctly and openly you certifie that then the Fine between the parties aforesaid of the Premises before you and your associates aforesaid in the Bench aforesaid according to the Law and Custome of our Common-wealth of England may be sevyed And have you then there this writ witnesse c. Of the Fine formerly called the Kings Silver THat was called the Kings Silver that was wont to be paid to the King now to the Lord Protector for the Licence of the Concord which upon writs of Covenant was taxed after the rate followings That is to say for Lands of the yearly value of l. s. d. is paid l. s. d. 3 6 8 â— 6 8 5 6 8 0 10 0 7 13 4 Â 13 4 8 13 4 0 16 8 11 0 0 1 0 0 12 0 0 1 3 4 14 6 8 1 6 8 15 6 8 1 10 0 17 13 4 1 13 4 18 13 4 1 16 8 20 0 0 2 0 0 22 0 0 2 3 4 24 6 8 2 6 8 Every 5 Marks and 20 s. payeth fine-6 s-8 d. from 5-Marks and 20 s. unto 5-Marks and 40 s. payeth-10 s. and above 5 Marks and 40 s. unto 10 Marks and 20 s. payeth 13 s-4 d. and in like proportion for all other Fines and it is commonly entred by the Clerk in this form Entry of Kngs silver I. W. giveth to the L. P. 10 s. for a York ss Licence of concording with E. W. Esq and I. his wife of a plea of Covenant of one Messuage 10 acres of Land 10 acres of Meadow and 10 acres of Pasture with the appurtenances in D. Reciting the substance of the writ And they have the Hand-writing by the Peace admitted before R. W. one of the Justices of the Lord Protector of the Bench being Justice in the County Observations necessary at the knowledge of Fines Tbe titling of the note VVHen a Fine is to be knowledged it is meet that before the parties come before the Judges or Commissioners the titling of the writ of Covenant and Concord be fair written according to the parties minds and duly examined and also signed or subscribed by all the Cognisors Knowledge of the Cognizes It is also requisite that either of the Cognisors be known to the Justices or Commissioners that must take the Cognisance thereof or that some other credible person known to him which taketh the Cognisance who knoweth the party be present and do sufficiently enform the Judge that they be the self-same parties against whom the writ is brought for some will covenously knowledge Fines in the names of others that be owners of the Land 34. H. 6. Fol. 19. Examinations of Wives And if a feme Covert be Cognisor she must be perswaded to yield her consent and be fully agreed with before she be examined for in all cases where a Feme Covert is to depart with any thing by fine she must be examined by the Justices or Commiss that take this Cognisance and confess that she doth make Cognisance freely and not through fear or compulsion of any before the Cognisance will be accepted But where she is to take benefit by a Fine she shall never be examined 42 Ed. 3. 7. 3 H. 6. 42. 46. E. 3. 15 8 H. 6. 2. 4 Ed. 3. 62. Statut. de finibus 18 Ed. 2. Value Also the yearly value of Lands should bee set down under the Concord and some
the lessor die during the Term the leasee shall have have fee. 6 R. 2. Fitz. Quid Juris clamat 20. Against T. in common If a Quid Juris clamat be against two as Tenants in the Common he which appeareth must atturn if he plead not that they are joynt-tenants 16. E. 3. Fitz. Quid Juris 21. After assignment If a particular Tenant grant over his estate after the note levied yet must he atturn 17. E. 3. Fitz. Quid Juris 11. Once atturn If the Tenant atturn once upon the grant of the Cognisors he shall atturn no more 4. E. 3. Fitz. Quid Jur. 45. Joynt-tenant T. in common If a joint-tenant or tenant in Common of a Reversion grant his part by Fine the particular Tenant shall not be compelled to atturn 5. E. 3. Fitz. Quid Jur. 40. T. for life upon condition Upon a Lease for life upon condition that if the Leasee die within twenty years that his Executors Administrators or Assigns shall hold unto the end of twenty years the Lessee shall atturn as Tenant for life with protestation to save his interest 16. E. 3. 20. E. 3. Fitz. Quid Jur. 22. 31. Joynt tenant of a reversion If the reversion of two joynt Tenants for life be granted by Fine supposing the one to be sole Tenant the Tenant is not compellable to atturn 32. E. 3. Fitz. Quid Jur. 5. per Seton Tenant by elegit But Tenant by Statute or elegit seemeth not compellable to atturn because the cognisor cannot compel him to account and he may hold the Lands after his sum satisfied until he have levied his damages 6. E 3. 53. Fitz. Fines 99. E. 3 F. Quid Juris 47. Baron sole Cognisor Nor a Tenant for life where the Husband sole is Cognisor of his Wives land for if he do atturn the Wife surviving her Husband may enter for forfeiture 27. E. 3. A Clerk And a Clerk which hath no lay fee is not compelled to atturn 38. E. 3. 18. Reversion Nor Tenant for life in reversion or remainder 34. H. 6. b. Frank marriage Infant Ideot Nor Tenant in Frank marriage lib. Intr. Quid Juris clamat 10. Nor an Infant 43. E. 3. 1. Nor a Lunatick mad man or Ideot as it seemeth because of their disabilities But atturnment made by such persons as are able but not compellable to atturn is good 12. E. 4 Nat. Br. fo 170. b. With exception And an atturnâ—ent may be with an excepon if the Tenant have a Lease for life without impeachment of wast as he may atturn saving his advantage and it shall be so entred 45. E. 3. 11. 24. E. 3 Covenants Annuity Warranty Acquitall If the Tenant have Covenants to repaire c. 48. E. 3. 32. or have an annuity out of the Land 48. E. 3. 32. or Covenant of warranty or acquitall 41. E. 3. 48. or to fell trees he may atturn saving these advantages Grant Remainder in fee. If A. seised of Lands in fee thereof enfeoff B. to the use of the said A. for life and after to the use of his Executors and Assigns for twenty years after his death And then to the use of C. in fee Quere whether A. shall be compelled to atturn in Quid Juris clamat supposing him Tenant for life only and not mentioning the Term without saving of his Term by protestation Dyer fo 309. pl. 77. 14. El. No view lieth in a Quid Juris clamat 15. E. 4. 28. What Places will barr the Plantiff of Atturnment Seisinin fee. IF the Tenant plead that he is seised in fee the day of the note levied without that that he was then seised for life without shewing how he is so seised 15. E. 4. 28. 1. H. 7. 27. The Cognisor had nothing Or if the Tenant for life plead that before the fine an estranger was seised in fee and released to him in fee without that that the recognisor had any thing in the Lands the day of the note levied 3. H. 4. 3. Non tenure If a particular Tenant plead he holdeth not of the Cognisot the day of the note levied he must shew what estate he claimeth and from whom 3. E. 3. 6. Fitz. Quid Juris clamat 6. 14. E. 3. Fitz. Quid Jur. 9. But if he claim fee he shall not shew how 14. E. 3. 3. Fitz. Fines 7. but traverse that he holdeth for life 1. H. 7. 27. Leasee for eight years upon condition that the Leasor alien within the term he shall have Seisin in fee. Seisin de tali Stat. Qual c. For parcel fee cannot alledge that and say that he claimeth estate according to the Tenor of his Deed but must plead his estate certainly 2. E. 2. Fitz. Quid Jur. 38. If the Tenant confesse for part and plead a plea which may forfeit his estate therein he must atturn by and by 11. H. 4. 57. Cont. 22. E. 3. 18. Fitz. fines 33. Release Release of the Cognisor before the Cognisance to the Heir or his Ancestors in fee is a good barr 44. E. 3. 34. Forfeiture for term of years If a Lessee for years claim for life and fail of it he forfeits his Term 6. R. 2. Fitz. Quid Jur. 20. Plesingtons case WHAT PROCESSE Lie in a Quid Juris clamat Process THe Process in a quid juris clamat is Summons and distress infinite Nat. Imprisonment br 169. a. But if the Tenant appear and plead no good Bar and yet will not atturn he shall be imprisoned 37. H. 6. 14. Disclaimer But if the Tenant disclaim and if it be found against him he shall atturn 4. E. 3. 27. But if the Tenant for life years in Dower by the Curtesie or extent by Plea Claim Fee or Fee-tail and it be found otherwise he doth forfeit his Estate 15. E. 4. 28. Nat. Br. fo 168. b. And the Tenant may atturn by Dedimus Potestatem Att. by dedimus potestatem the form whereof ensueth Oliver c. to his beloved and faithfull I. M. Knight c. whereas our Writ of Covenant hangerh before you and your Associates our Justices of the Bench between R. and P. of 100. Acres c. which I. holdeth for his life of the aforesaid P. to levy thereof a Fine between the aforesaid R. and P. according to the Law and Custome of our Common-wealth of England whereby by our Writ we have commanded our Sheriff of Norfolk that he cause to come before our aforesaid Justices the aforesaid I. at the day in that Writ contained to acknowledge what right he claimeth to have in the Land aforesaid and the aforesaid I. being of himself so impotent that unto the Bench aforesaid at the day to him given without the greatest danger of his body he is not able to travail to acknowledge what right he claimeth to have in the Land aforesaid we tendring the State
the appurtenances before I. M. and I. c. Justices of the Lord Protector assigned to take the Assizes in the County aforesaid whereby the same H. that Assizes depending often did require the aforesaid I. that he the aforesaid Messuage c. with the appurtenances to the same H. would warrant and the same I. that Messuage c. to the same H. hitherto to warrant hath denyed and yet doth deny whereupon he saith c. and thereupon produceth his sute c. Confession And the aforesaid I. T. in his proper person commeth and defendeth the aforesaid wrong c. and saith that he cannot deny but that the Charter aforesaid is the deed of him the said I. nor but that he gave by that Charter to the aforesaid H. the tenements aforesaid with the appurtenances nor but that he was held to warrant those tenements to the same H. in form as the same H. above against him hath declared Therfore Judgement it is considered that the aforesaid I. should warrant to the aforesaid H. the Messuage aforesaid and Lands with the appurtenances for place and time c. therefore the same I. is in mercy c. E. W. Gentleman was summoned to answer I. B. Gent. and E. B. his Son of a Plea that he warrant to them six Messuages three Gardens c. three Orchards with the appurtenances in the City of B. which they hold of him and of him claim to hold and whereof they have his Charter c. And whereupon the same I. and E. by H. C. their Atturney say that whereas the aforesaid F. was lately seised of the tenements aforesaid with the appurtenances in his demeasne as of Fee And so thereof being seised a certain fine he levied in the Court of the Lord Protector now here to wit at Westminster in eight dayes of Saint Michael in the year c. before I. D. H. B. A. B. and R. W. Justices c. And afterwards from the day of Easter in fifteen dayes in the year c. there granted and recorded before the same Justices and other of the said Lord Protectors faithfull then there present between the aforesaid I. and E. plaintiffs and the aforesaid F. deforcient of the tenements aforesaid with the appurtenances whereof Plea of Covenant was summoned between them in the same Court to wit that the aforesaid F. did recognize the tenements aforesaid with the appurtenances to be the right of him the said E. as those which the same E. and I. then had of the gift of the aforesaid F. and those he did remise and quite claim from himself and his Heirs to the aforesaid I. and E. and the Heirs of him the said E. for ever And furthermore the same F. granted for himself and his Heirs that he would warrant to the aforesaid I. and E. and the Heirs of him the said E. the aforesaid tenements with the appurtenances against all men for ever which said Fine in form aforesaid levyed was had and levyed to the use and behoof of the same I. and E. and the Heirs of the same E. for ever under pretext whereof the same I. and E. were seised of the same Tenements with the appurtenances scarsly the same E. in his demesne as of Fee and the aforesaid I. in his demesne as of freehold And so thereof being seised one H. O. before the Mayor and Sheriff of the Town aforesaid on Wednesday to wit the 28. day of April in the year c. at Guild-hall of the Citty aforesaid arraigned a certain assise of fresh force according to the custome of that City in the nature of an Assise of novell disseisin at the Common Law against the same I. B. and E. of the Tenements aforesaid with the appurtenances whereby the same I. and E. hanging that Assise often required the aforesaid F. that he the Tenements aforesaid with the appurtenances to the same I. B. and E. and the Heirs of the same E. for ever would warrant And the same F. those Tenements with the appurtenances to the same I. and E. hitherto in form aforesaid to warrant hath denyed whereupon they say that they are the worse and have damage to the value of two hundred pounds and thereupon they produce their sute c. And the aforesaid F. in his proper person commeth and defendeth the force and injury when c. and saith that he cannot deny the action aforesaid of I. and E. aforesaid nor but that the Fine aforesaid in form aforesaid was levyed nor but that he by that fine was held to warrant the Tenements aforesaid with the appurtenances to the aforesaid I. and E. and the Heirs of her the said E. for ever in form as the same I. and E. above against him have declared Therefore it is considered that the aforesaid F. do warrant to the aforesaid I. and E. and the Heirs of her the said E. for ever the Tenements aforesaid with the appurtenances for place and time c. And nothing of mercy to the aforesaid F. because he came the first day by his c. W. C. Esquire was summoned to answer E. B. Gent of a Plea that he warrant to him 54. Acres of Land 40. Acres of pasture and 6. Acres of wood with the appurtenances in E. which he holdeth and of him claimeth to hold and whereof he hath his Charter c. And whereupon the same F. in his proper person saith that whereas he was seised of the aforesaid Tenements with the appurtenances in his demesne as of Fee and so thereof being seised the aforesaid W. by the name of W. C. of I. in the County of N. otherwise called W. C. of W. in the County of Suffolk Esquire the tenth day of I in the year c. by his certain writing which the same E. with the Seal of the aforesaid W. Signed here in Court bringeth forth the date whereof is the same day and year reciting by the same writing that whereas the same W. C. by the name of W. C of I. in the County of N. otherwise called W. C. of W. in the County of S. Esquire together with his Brother C. C. of Lincolnes Inne in the County of Middlesex Gent. by a certain Indenture between the aforesaid W. and C. of the one part and E. B. of Lincolnes Inne aforesaid Gent. of the other party bearing date the tenth day of F. in the year c. bargained and sold to the aforesaid E. all his estate and interest of and in those parcels of Land containing by estimation seven Acres whether it be more or lesse there accounted lying and being in the Parish of E. in the County of R. now or late in the tenure or occupation of one W. S. or his assignes of which said parcels one parcell called little S. otherwise called Q and containing by estimation six Acres whether it be esteemed more or less to have and to hold all the aforesaid Lands and all other the premises with all and
singular their appurtenances to the aforesaid E. B. his Heirs and Assignes to the sole and proper use and behoof of him the said E. B. his Heirs and Assignes for ever as by the aforesaid Indenture more fully appeareth and whereas also the same W. afterward by the name of W. C. of I. in the County of N. Esquire otherwise called W. C. of W. in the County of S. Esquire together with his aforesaid Brother C. C. of Lincolnes Inne in the County of M. Gent. by a certain Indenture between the aforesaid W. C. of the one part and the aforesaid E. B. of Lincolnes Inne in the County of M. Gent. of the other part made bearing date the 19. day of October in the year c. also bargained and sold to the aforesaid E. all the Lands Woods and Woodlands and other hereditaments under-written by whatsoever name or whatsoever names they are called reputed or known viz. all those Lands called S. otherwise called Q. otherwise called great Q. and the Brome otherwise S. and the Brome and all other Lands and hereditaments whatsoever containing by estimation 15. Acres whether it be there accounted more or less by whatsoever name or whasoever names the same he called reputed or known now or lately in the tenure or occupation of the same T. B. by the demise of one I. C. of I. aforesaid Esquire then lately dead which said parcels do lie and are in E. in the County of R. And all those Lands now or lately in the tenure or occupation of one P. W. of E. in the aforesaid County of R. lying and being in E. aforesaid by reason of a demise to the same P. made by the aforesaid I. C. containing by estimation five Acres whether it be accounted more or less and also all those Lands now or lately in the tenure or occupation of one I. I. by the demise of the aforesaid I. C. to the same I. I. made containing by estimation 48. Acres whether it be esteemed more or less lying and being in divers severall parcels in E. aforesaid whereof some parcels are called or known by the name of P. otherwise called B. some other parcels thereof are called or known by the name of R. one other parcell thereof is called or known by the name of S. Dame And also all those Woods and Woodlands below specified viz. E. W. containing by estimation two Acres whether more or less it be there esteemed the woodland lying at knowel gate in E. aforesaid containing by estimation one Acre and three rods whether it be more or less there esteemed all which are lying and being in E aforesaid to have and to hold all the aforesaid Lands Woods and Woodlands and all other the premises with all and singular their appurtenances to the aforesaid E. B. his Heirs and Assignes to the sole and proper use and behoof of him the said E. B. his Heirs and Assignes for ever And whereas also the same W. together with the aforesaid C. his Brother afterwards to wit in the Court of c. here at Westminster in eight dayes of Saint Michael in the year c. in part of fulfilling of the grants and covenant in the aforesaid Indenture specified recognized all the aforesaid Lands Woods and hereditaments with their appurtenances by the name or names of 54. Acres of Land 40. Acres of pasture and 6. Acres of Wood with the appurtenances in E. aforesaid to be the right of the aforesaid E. B. as those which the same E. B. then had of the gift of the aforesaid W. and the aforesaid C. his Brother and those then he remised and quite claimed from himself and his Heirs to the aforesaid E. and his Heirs for ever and the aforesaid W. by the same writing here in Court brought forth then approved ratified and confirmed to the same E. B. in his full and peaceable possession and seisin of the premises being all his right title estate and Interest of and in the premises all which Lands aforesaid pasture woods woodlands and all and singular other the premises with all and singular their appurtenances to the aforesaid E his Heirs and Assignes to the sole and proper use and behoof of him the said E. his Heirs and assignes for ever And hereupon the aforesaid W. C. by that writing did oblige himself and his Heirs to warrant to the same E. his Heirs and assignes for ever all the aforesaid lands woods and woodlands all other the premâ—ses with their appurtenances against all men for ever as by the aforesaid writing here in Court produced more fully it appeareth And the same E. saith that the aforesaid tenements in the Writ aforesaid specified are the same tenements mentioned in the aforesaid writing here in Court produced and no other nor divided and that one H. R. of the tenements aforesaid with the appurtenances in form aforesaid being seised prosecuted against him the said E. B. a certain Writ of the Lord Protector of entry upon disseisin in le quibus of the tenements aforesaid with the appurtenances whereby the same F. hanging that Writ hath often hitherto required the aforesa W. C. that he the tenements with the appurtenances to the same E. would warrant and the same W. the aforesaid tenements with the appurtenances to the same E. hitherto to warrant hath denyed and as yet doth deny whereupon he saith that he is the worse and hath damage to the value of 300 l and thereupon he produceth sute c. And the aforesaid W. C. by T. B. his Atturney commeth and desendeth the force and injury when c. and saith that he cannot deny the action aforesaid of E. aforesaid nor but that the aforesaid writing here in Court produced is the deed of him the said W. C. nor but that he by the same writing hath confirmed to the aforesaid E. the tenements aforesaid with the appurtenances nor but that he the aforesaid W. by that writing is held to warrant the tenements aforesaid with the appurtenances to the same E. in form as the same E. above against him hath declared Therefore it is considered that the aforesaid W. C. do warrant to the aforesaid E. the tenements aforesaid with the apputenances for place and time c. And nothing of mercy of him the said W. because he came the first day by summoners c. Hil. 13. Ro. c. let the like entry be made against C. C. mutatis mutandis F. W. Gent was summoned to answer W. R. of a Plea that he warrant to him eight Messuages of 6. Gardens 3. Orchards 4. Acres of Land 6. Acres of Meadow and 2. Acres of Pasture with the appurtenances in B. and B. which he holdeth and of him claimeth to hold and whereof he hath his Land c. And whereupon the same W. by W. C. his Atturney saith that the aforesaid E. was lately seised of the tenements aforesaid with the appurtenances in his demesne as of Fee and so thereof being seised the same F.
peace in the time of the Protector by taking thereof expletion to the value c. that such is his right he offers c. The defendant And the aforesaid T. and I. by W. B. their Atturney came and do defend the right of the aforesaid Earl and their seisin and chiefly of the Manor Messuage c. to him do warrant c. And hereupon the aforesaid Earl demandeth The demandant against him the said W. P. the Manor Messuage c. with the appurtenances in form aforesaid c. And whereupon he saith that he himself was seised of the aforesa Manor Messuage c. with their appurtenances in his demeasne as of Fee and right In the time of peace in the time of the Lord Protector now by taking thereof expletion to the value c. And that such is his right he offers c. And the aforesaid W. P. tenant by his warranty The defence defendeth the right of the aforesaid Earl and his seisin and chiefly of the Manor Messuage Lands c. with the appurtenances and all c. And he puts himself thereof on the Issue to be tryed by the grand Assize Grand Assize of the Lord Protector and demandeth a recognizance to be made whether he hath more right to hold the Manor Messuage Lands c. with the appurtenances as tenant by his warranty as he holdeth them or the aforesaid Earl to have the Manor Messuage Lands c. with the appurtenances as he above demandeth them c. And the aforesaid Earl Imprlance prayeth license of imparling c. And he had it c. Default Judgement And afterwards the same Earl by his Atturney aforesaid came again here in Court and the aforesaid W. P. although was solemnly called came not again but in contempt of the Court made default Therefore it is considered that the aforesaid Earl do recover his seisin against the aforesaid T. and I. of the aforesaid Manor Messuage c. with the appurtenances to hold to the same Earl and his Heirs quite of the aforesaid T. and I. and his Heirs for ever And the aforesaid T. and I. may have of the Lands of the aforesaid W. P. to the value of the Manor Messuage Lands c. aforesaid with the appurtenances And the aforesaid W. P. in mercy c. The warrant of Atturney thereof followeth in these words HEref ss John Earl of Shrewsbury puts in his place I. S. against T. B. the Elder and I. his wife of a Plea of Land Heref. ss T. B. the Elder and I. his wife puts in their place W. B. against John Earl of Shrewsbury of a Plea of Land All and singular which things at the request of the aforesaid Earl we have caused to be exemplified and our great Seal which we use for such exemplifications and also for all manner of Judiciall Writs out of the Bench aforesaid issuing forth to be sealed we have caused to be put to these presents Witness O. Saint John at Westm the 28. day of May in the year c. A remission to the Court in a Writ of right TO the Lord Protector c. for that A. in our Court before your Justices of the Bench by your Writ of right D. E. of one Messuage with the appurtenances in S. which of me is holden by my license mediating doth purpose to implead to your Highness by the tenor of these presents I signifie that I have remitted my Court to you thereof in this behalf Saving to me otherwise the right of the Lord in the like case when it shall happen In testimony of which thing these my Letters Patent I have caused to be made Sealed with my Seal dated the third day of May in the year c. The Exemplification of a Recovery inrolled OLiver L. Protector of the Commonwealth of Eng. Ireland Scotl. and the dominions thereunto belonging c. To all to whom these our present Letters shal come greeting Know ye that among the inrolments of Writs and other things depending for common Recoveries according to the form of the Statute of the term of Easter at Westminster in the year c. in Roll the first it is thus contained The Doctor which took the affidavit for the value Essex ss Oliver c. to the Sheriff of Essex greeting Command I. W. I. S. that justly and without delay they render to Jo. St. and R. P. four Messuages 4. Gardens 200. Acres of Land 100. Acres of Meadow 300. Acres of pasture 40. Acres of Wood and 300. Acres of Lyng and Heath with the appurtenances in B. T. T. C. D. and H. which they claim to be their right and inheritance And into which the same I. W. I. S. have no entry but after the disseisin which H. H. therof unjustly without JudgemeÌ„t hath made to the afores I. S. T. within 30 years now last elapsed as they say And whereupon they complain that the aforesaid I. W. and I. S. them do deforce And unless they shall do it and the aforesaid I. S. and T. H. shall make you secure for prosecuting his plaint then summon by good summoners the aforesaid I. W. and I. S. that they be before our Justices at Westm from the day of Saint Michael in 15. dayes to shew wherfore they wiâ—l not do it And have you there the summoners and this Writ witness my self at Westminster the 24. day of Septtember Summoners The Sheriffs name in the year c. Gibon Pledges Pledges of prosecuting John Doo Richard Roo Summoners John Den Kich Fen. G. T. Esq Sheriff ss Oliver L. Protector c. to the Sheriff of Essex greeting sum by good summoners E. W. Esq his wife that they be before our Justices at West from the day of S. Hillary in 15. dayes to warrant to Joh. W. and I. S. four Messuages 4. Gardens 300. Acres of Land 100. Acres of Meadow 300. Acres of pasture 40. Acres of Wood and 300. Acres of Lyng and Heath with the appurtenances in B. T. T. C. D. and H. which John St. and Tho. P. in our Court before our Justices at Westm do claim as their right by our Writ of Entry upon disseisin in le post against them And whereupon the same Joh. W. and I. S. in our said Court have called the aforesaid Edm. and John summoners in your County to warrant against them And have you there the summoners and this Writ T. I. D. at Westm the 16. day of Octob. in the year c. * Lone Summoners John Den Rhichard Fen. * T. L. Esq Sheriff ss The prothonatorie in whose office it is entred Summoners The Sheriff The warrant of Atturney * Joh. St. and Tho. do put in their stead E. E. against John W. and I. S. of a Plea of Land ss Iohn W. and I. do put in their place I. A. against Iohn S. and Tho. P. of a Plea of Land ss Edm. W. Esq and Io.
life with Remainders in tail dividing the Lands 91 A Fine to entail Lands to the heirs of one deceased 92 A Grant by a Duke and his wife as in the right of his wife to the Cognisee for life of the Tenant for life with Warranty a Render to the Cognisor for the Wives life to convey her Title to her Husband 93 A Concord of a moyety of divers things in Possession and a Reversion in Fee 94 A Grant of Lands by Fine to two who render to the Cognisor in tail and for default of such issue to R. T. in general tail the remainder to another and his heirs for ever 97 A Grant of Lands in tail to be holden of the Grant or in soccage 98 A Grant of Lands in tail to be holden of the Grantor by suit of Court 6 s. rent 99 〈◊〉 â—â—ne of Knights Service Castle-Gard and Murage upon a Writ of Customes and Services 100 A fine of a Mannor in possession and other lands in Reversion 101 A fine of Lands part in possession and part in reversion with a Render again to the Cognisors and their heirs 102 A fine of the reversion of a Rent 104 Another of the same 105 A fine of Rent Service 106 A fine where the Husband and the Wife sell the Wives Joynture or Dower absolurely to him in the reversion 107 Tenant for term of life maketh a Lease reserving a Rent during her life 108 A fine of a Reversion 109 A fine in Fee farm of a Rent granted out of a Mannor only 110 A fine of several Rents granted out of a Mannor 111 A fine of a Rent with a Nomine poene for non-payment c. 112 A fine in Fee farm yeelding a Rent with a Distresse 114 A fine in Fee farm rendring a Rent sute of Court and Herriot after decease recease and alienation 115 A fine in Fee farm rendring a Rent with a Nomine poene for default of payment 117 A fine by the Husband and the Wife to the Husband and Wife with a Render 118 A Writ of Covenant that was for the King for the Tirh Corn of a Parish and the manner of the endorsement thereof used by his Atturney general 120 A fine with Warranty against all men 121 A fine by the Husband and Wife and the Cognisee by the same fine granteth and rendreth back again the premises to the said Conusors to the heirs of the Husband one of the said Conusors for ever 122 A fine of one Messuage c. and the same Conusors for them and the heirs of Io. Do. warrant 2 parts of the premises in 3 parts divided to the Conusee and his heirs against all men for ever 123 A fine with Warranty against all men and the Cognisees by the same fine render parcel of the Premises for one month with divers limitations c. 124 A fine of c. and the Cognisees do grant and render all Mines of Coles in a Close parcel of the premises c. 128 A fine of the third part of one Messuage c. with a general Warranty And the Cognisees do Grant and Render the same to one of the Cognisors for years in reversion c. 129 A fine with a Grant of a yearly rent 132 A fine of a Messuage c. Rent Parsonage the Advowson of a Viccaradge with Warranty c. 134 A fine with two several Warranties 135 A fine of a Mannor c. with general Warranty 136 A Fine within the County of Chester c. 137 A fine knowledged before the Justices of Chester 140 A fine by an Earl and his Wife 141 A fine by the Husband and Wife and a third person c. 142 A fine by two to one with general Warranty 145 A fine by the Husband and Wife and divers others c. 145 A fine of four Messuages c. with Warranty 146 A fine by two Husbands and their Wives 147 A fine by the Husband and his Wife to a Man and his Wife 148 A fine by an Earl and his Wife of a Rent c. 149 A fine by the Husband and Wife for term of years 150 A fine by the Husband Wife with Warranty in consideration the Cognisee granteth a Rent c 152 A fine of the third part of a tent with a general Warranty 154 A fine of the third part of 34 acres of Meadow by these words viz. concesserunt reddiderunt c. 155 A fine by one to the Queens Atturney c. 155 A fine by a Widdow to the President and Schollars of a Colledge c. 157 A fine by two and the VVife of one of them c. 158 A fine with general VVarranty 159 A fine of a reversion 160 A fine by Husband and VVife to one with a general VVarranty 161 Of the Order of taking the knowledge of a fine by Dedimu potestatem and the certifying thereof 162 A fine of one Messuage of a Remainder 163 A fine by Husband and VVife of two Messuages c. with general VVarranty 164 A fine knowledged before the Justices of the Common pleas at Westminster with general VVarranty 165 A fine with VVarranty against the Conusor and his heirs 166 A fine as it is ingrossed of Record 167 Of the nine Proclamations 168 A fine with general VVarranty for years rendring a red Rose c. 168 A fine for liâ—es and aftâ—r in Fee 170 A fine of a Rent issuing out c. with general VVarranty 171 A fine with general VVarranty of an annuity with Nomine poeâ—e 172 A fine in tail general to hold by the 40th part of a Knights â—ee and by rent with general VVarranty 174 A fine with VVarranty during life 175 A fine for life and after in fee. 176 Of the taking of the knowledge of a Fine 177 A fine with divers remainders 178 Of Adjuncts of Concords 180 A Licence to alien in Mortmain 183 Quod permittat finem levari 184 The Writ of quod damnum 185 Of a pardon for alienation 186 Of the Dedimus potestatem to take the cognisance of a fine 189 190 The Dedimus Potestatom thereof 191. The Precipe and Concord 193. A Dedimus Potestatem upon a writ of Customes and services 195. Of the Kings Silver 196. Of observation at the knowledge of fines 197. How and when Cognisances of Fines may be certified and what may hinder the â—ame 199 Of the Inrolment of Writs of Covenant Dâ—d Potest and knowledges thereupon called the foot of the fine 202 Of the note of the fine 203 Quid juris clamat 204 VVhat persons may obtain atturnment by Quid Juris clamat and what nor 205 VVhat persons be compellable to arturn by Quid juris clamat and what not 206 What places will barr the Plaint of Atturnment 210 A Table to the latter Part. VVHat processe lye in a Quid juris clamat 1. The writ of summons in Quid juris clamat 3. The Distress in Quid juris clamat 4. Tenant may atturn for
in paper insert your Commissioners names which must be four in number whereof one at least must be a Knight and get him to make your Dedimus potestatem for which you must pay him 〈◊〉 and in paying of him for he takes for them all you pay a Fine and for a Judges hand and for the Master of the Rolls his hand which hands must be had before it be sealed and then having it under Seal deliver it so and the Concord before any two of the Commissioners named in the Dedimus potestatem and your Cognisors being present let them take the caption which being done they must return the Writ of Dedimus and their execution thereof in manner and form as hereafter by example shall be shewed Note that upon every Fine past where a Fine is paid there is within 4 or 5 Terms a post Fine that comes in Charge to the Sheriff to levy in the County where the land lieth and that Fine is as much and half as much as was paid before in the Alienation Office Charges of the Fine by special Dedimus potestatem taken before Commissioners IMprimus for drawing the praecipe and Concord 0 3 4 For the special Dedimus potestatem 1 0 0 For the return 0 3 0 For the rest of the Fees they differ very little from what are paid upon Fines otherwise acknowledged How to acknowledge a Fine before a Judge out of Court by Dedimus potestatem YOu must proceed in taking the acknowledgement and passing the Writ of Covenant through the Alienation Office in like manner as is before shewed which being done and delivering your Writ back to the Cursitor you must bespeak a Dedimus potestatem which the Cursitor is to make and when you have your Writ of Covenant and Dedimus potestatem under Seal you must deliver the Dedimus to the Judges Clerk of the Fines and he will ingrosse the praecipe and Concord as before is shewed and return the Dedimus and get the Judges hand to it which Dedimus so returned Concord and Writ of Covenant you must annex together and passe them through the Custos brevium Clerk of the Warranty Clerk of the Kings silver Mr. Jones his Office of Inrolments as it s termed and the Chirographers Office in like manner as is before shewed The course and proceeding and fees being all one more than this that you pay to the Cursitor for your Dedimus potestatem 9 s. 2 d. Charges of a Fine knowledged by Dedimus potestatem before a Judge and exemplified FOr drawing the praecipe and Concord 0 3 4 To the Judge for his Fee 0 9 ◠To the Clerk for the return of the Dedimus and ingrossing the Concord 0 2 6 For the Writ of Dedimus potestatem For all other Fees as in the last proceeding for the several Offices 0 9 2 For the Exemplification 0 2 8 For the Exemplifying 0 5 6 For the Seal thereof 0 2 2 Having thus far proceeded it remains to shew how to sue forth a licence of Alienation of lands holden in Capite You must first get the Clerk of the Alienations to make you a Docquet in Paper which you must carry to the Alienation Office and there compound for the value of the land which must be also by composition or affidavit as is shewed before The value being set down underneath your Docquet you must pay a third part of the value assessed by way of Fine for your Licence which you must likewise pay there in the same Office and you must give the Receiver over and above what you pay 6 d. Then you are to get the Doctors hand to your Docquet for which you must give him 2 s. and you must then get the Commissioners in the same Office to set their hands to the Docquet then deliver it to the Register there to enter for which you pay him 6 d. And after it is entred then carry it to the Clerk of the Alienation again and he will get the Lord Chancellor or Lord-Keepers hand to it and will afterwards ingrosse your licence of Alienation and passe it under the great Seal for you The Charges are as followeth FOr drawing the Concord 0 3 4 For my Lord Chief Justice fee for acknowledgement 0 9 8 To his Clerk for ingrossing the Concord 0 1 6 For the Writ of Covenant 0 2 6 For the return 0 2 0 For the post diem thereof 0 0 4 For the Fine 0 0 0 To the Receiver for marking the Writ of Covenant 0 0 6 For the entry and endorsement 0 1 6 For the Doctors hand 0 0 4 For the Warrant of Atturney and filing it 0 0 8 To the Custos brevium 0 3 8 To the Clerk of the Kings silver 0 1 4 To the Chirographer 0 6 8 For ingrossing the Fine 0 3 0 For the Atturneys fee. 0 6 8 How to acknowledge a Fine at the Bar in Court IF the acknowledgement be to be made in open Court you must have your Writ of Covenant made by the Cursitor and there compound it at the Office of Alienation where it must likewise be endorsed and entred and so fitted for the Seal to which must be annexed your praecipe and Concord in parchment which you must deliver to some one of the Serjeants at Bar to draw it for you and then you pay him 3 s. 4 d. the other fees payable in Court are certain and are not great for by the acknowledgement in Court the Client saves divers Fees and Charges whicb otherwise the Caption would cost The Caption being past you proceed with your praecipe and Concord and Writ of Covenant through the Alienation Office Kings silver Custos brevinm and Chiroprapher as before was shewed in other acknowledgements Charges of the Fine acknowledged at Bar. FOr drawing the praecipe and Concord 0 3 4 For the Writ of Covenant 0 2 6 For the return of the same 0 2 0 For the filing thereof 0 10 0 To the Serjeant at Bar. 0 3 4 To the Prothonotary 0 0 6 To the Secondary 0 0 6 To the Crier Tipstaves and Court keeper 0 1 6 For the Doctors hand 0 0 4 For the Warrant of Atturney and filing of it 0 0 8 To the Custos brevium 0 3 8 To the Clerk of the Kings silver 0 1 4 To the Chirographer 0 6 8 For ingrossing the Indenture of the Fine 0 3 0 For the Fee 0 6 8 Since that we have hitherto seen how to sue forth a Fine let us also know what things hinder the certifying and ingrossing of Fines knowledged If the Cognisor dye after the knowledging of a Fine and before it be ingrossed such Fine ought not to be certified nor ingrossed 33 H. 6. f. 52. 1 H. 7. f. 9. In like manner if the Cognisee die But if the Writ of Covenant and Dedimus potestatem be returned and thereupon the Kings silver entred and before the Fine be ingrossed the Cognisor or Cognisee die yet is the Fine thereof good and may
afterwards be ingrossed though it be in another Term Haec est finalis Concord facta c. in Crastino pur beatae M. Et post concessa recordata in quindena Pasc c. Dier f. 220. p. 15. f. 254. p. 104. But if the King die after the Writ of Covenant be returned and the Kings silver entetred and before the Fine be ingrossed yet the Writ of Covenant shall be resummoned and the Fine ingrossed otherwise if the Kings silver be not entred 1 H. 7. And in like manner if any Commissioner or Justice before whom a Fine is knowledged chance to die or be discharged of his or their Office before the Kings silver thereof be entred then may a Writ of Certiorari be directed out of the Chancery to the Justices discharged or to Executors or Administrators of such Commissioners or Justices so dying commanding them to certifie the note of the said Fine and Concord Fitz. f. 174. b. 8 H. 4. f. 5. 1 H. 7. f. 9. which being returned the Fine may proceed and be ingrossed A Fine knowledged of lands holden in Capite ought not to be ingrossed before a Licence of Alienation be sued out thereupon 33 H. 6. f. 52. and a Writ of quod permittat finem levari c. A Fine of a reversion ought not to be ingrossed until the Tenant for term of life atturn for until atturnment he is dispunishable of wast neither can the Cognisee avow upon him for the rent behind before Atturnment 22 H. 6. f. 13. plow f. 431. b. And the Cognisee may compell such Tenant for life to atturn by quid Juris clamat and if the Fine be of services he is compellable to atturn by a Writ of per quae servitia if of rent by a Writ of quem redditum reddit No. na br f. 47. a. b. and such Writs must be sued after the note of the Fine knowledged and the Kings silver entred and before it be ingrossed And by the Statute of 23 Eliz. ca. 3. notes of Fines and Concord knowledged for the levying of Fines are to be certified within one year next after the knowledging thereof or else the person taking knowledge of such Fines is not bound to certifie the same Neverthelesse if it be certifyed afterwards it is good enough Thus having briefly discovered the impediments that hinder the certifying ingrossing of Fines knowledged and having left nothing untoucht of the proceeding in suing forth Fines let us go on to the subject matter the very forms of Fines and Concords A Writ of Covenant of Common COmmand c. of three Messuages c. with appurtenances in D. and T. and of Common of pasture for all and all manner of beasts and of pasture for 400 sheep with the appurtenances in D. in the Parish of C. And unlesse he shall do it then summon by good Summoners c. Of Land and Sheep walk COmmand c. of one Messuage one Curâ—ilage one Garden c. and five pounds rent with the appurtenances in F. Also of liberty of one Foldage and of Sheep walk with the appurtenances in F. And unlesse c. Of Wood and Foldage COmmand c. of one hundred acres of wood with the appurtenances in N. and of the liberty of Foldage for 40 sheep wirh the appurtenances in S. And unlesse c. Of Wood. COmmand oâ— c. and four roods of Wood c. in the Parishes of B. and L. c. COmmand c. of 2 parts in 3 parts to be divided 8 acres of land 40 acres of pasture 40 acres of fresh and marish land with the appurtenances in D. c. And unlesse c. Of a Parsonage impropriate and of the Moyety of tithes COmmand c. of the Rectory impropriate of H. with the appurtenances of the moiety of all the tithes of Grain Corn Herbage and Hay of the lands called the B. laâ—ds with the appurtenance in H. aforesaid c. And unlesse c. Of a Mannor of rent and of free-folding for Sheep COmmand c. of the Mannor of c. And ten shillings rent and of free-folding for sheep with the appurtenances in R. and of the hundred of L. And unlesse c. A Writ of Covenant of 3 parts of 4 Messuages 4 Cottages c. COmmand W. S. that he hold Covenant c. of the 3 part of 4 Messuages 4 Cottages one Mill 10 Gardens 10 Orchards 200 acres of Land 200 acres of Meadow 200 acres of Pasture 30 acres of Moor 30 acres of Turbarie and 5 s. rent with the appurtenances in A. B. C. D. and of the third part of the view of frank pledge of the goods and Chattles waived of Fugitives put in exigent felons de se deodands treasure found and extrahur with the apurtenances in M. c. Also of the third part of the Rectorie of the Church of K. with the appurtenances And unlesse c. A Writ of Covenant of Tithes Leic. ss COmmand T. N. Knight that he hold Covenant c. of the profits of Grain Hay Wool and Lambs and of all other Tithes with the appurtenances in M. And unlesse c. A Writ of Covenant of the Scite of a Monastery Derb. ss COmmand A. B. that he hold Covenant to C. D. of the Scite of the Monastery of B. with the appurtenances and of 20 Messuages c. and of Common of Pasture for all manner of beasts and of 100 shillings rent and of the rent of henns and rent work with the appurtenances in â— and F. And unlesse c. And the Concord is such to wit that the aforesaid A. B. hath recognised the aforesaid Scite Tenement Common of Pasture and rents with the appurtenances to be the right of the said C. as those c. with release and Warranty c. A Writ of Covenant of divers things Linc. ss COmmand F. M. Esq and T. M. Son and Heir apparent of the â—ame F. that they hold Covenant to F. F. and N. R. Gentlemen c. of the Mannors of T. S. and H. near N. upon Trent And of 40 Messuages 20 Cottages 40 Tofts 30 Barns 2 Water-mills 1 Wind-mill 3 Dove-houses 40 Gardens 40 Orchards a thousand acres of land a thousand acres of Meadow 1000 acres of pasture 500 acres of wood 100 acres of Marish 100 acres of Furres and Heath 100 acres Willows 100 acres Rushes 500 acres of Moor 4 l. rent and the rent of half a pound of pepper with the appurtenanceâ— in T. c. And also 50 Mines of Coal with the appurtenances in T. S. and also of the Advowson of the Church of T. and H. And unlesse c. A Writ of Covenant of Dismes and Tithes Notting ss COmmand D. F. that c. he â—old Covenant to R. Y. Esq c. of the Titnes of Sheafs Grain and Hay with the appurtenances in R. and W. and of the tithes af Hay in V. also of the tithes of Wool Lambs Offerings Obventions and
Emoluments and of all other tithes whatsoever coming growing and renewing in W. aforesaid And unlesse c. COmmand T. B. and A. his Wife that they â—old Covenant to C. W. Esquire c. of the Rectorie of L. and of the Advowson of the Vicaridge of L. and of 10 Messuages 10 Cottages 10 Barns 10 Gardens c. with the appurtenances in L. aforesaid And unlesse c. COmmand c. that justly c. of 10 Messuages c. in W. also of the Rectory of the Church of G. and of the tithes of Grain Hay Wool Lambs and all other tithes whatsoever in G. aforesaid and also of the Advowson of the Vicaridge of the Church of G. â—foresaid with the appurtenances And unâ—esse c. A Release by Fine by one to two Surr. ss COmmand W. W. that justly c. he hold to L. and A. P. Covenant c. of six Messuages c. with the appurtenances in C. W. and E. c. And unlesse c. And the Concord is such to wit that the aforesaid W. hath recognised the aforesaid Tenements with the appurtenances to be the right of the said I. as those which the same I. and A. have by the gift of the aforesaid W. And those he hath remised and quite claimed from himself and his heirs to the aforesaid I. and A. and their heirs for ever And furthermore the same W. hath granted for himself and his heirs that he will warrant to the aforesaid I. and A. and the heirs of him the aforesaid I. the aforesaid Tenements with the appurtenances against the aforesaid W. and his heirs for ever And for this c. A Fine upon Cognisance de droit by the Husband and Wife to two Surr. ss COmmand I. T. and A. his Wife that justly c. they hold to W. R. and R. D. Covenant c. of 4 Messuages 4 Tofts 40 acres of land 20 acres of Meadow 120 acres of Pasture and five shillings and four pence rent with the appurtenances in S. And unlesse c. And the Concord is such to wit that the aforesaid I. and A. have recognised the aforesaid Tenement with the appurtenances to be the right of him the said W. as those which the said W. and R. have by the gift of the aforesaid I. and A. And those they have remised and quite claimed from the said J. and A. and the heirs of him the said I. to the aforesaid W. and R. and the heirs of him the said W. for ever And furthermore the same I. A. have granted for themselves the heirs of him the said A. that they will warrant to the aforesaid W. and R. and the heirs of him the said W. the aforesaid Tenement with the appurtenances against the aforesaid I. and A. and the heirs of him the said I. for ever And for this Recognisance remise quite claim Warranty Fine and Concord the same W. and R. have given to the aforesaid I. and A. two hundred and forty pounds sterling A Fine by Baron and Feme and another Linc. ss COmmand R. B. Gentleman and T. R. and M. his Wife that they hold to T. B. Gent. Covenant c. of 30 acres of land 2 acres of Meadow 3 acres of Pasture and 6 acres of wood with the appurtenances in C. And unlesse c. And the Concord is such to wit that the aforesaid R. T. and M. have recognised the Tenements aforesaid with the appurtenances to be the right of him the said T. B. as those which the same T. hath by the gift of the aforesaid R. T. M. those they have remised and quite claimed from them the said R. T. and M. and the heirs of him the said R. to the aforesaid T. B. and his heirs for ever And furthermore the same R. T. and M. have granted for themselves and the heirs of him the said R. that they will warrant the Tenements aforesaid with the appurtenances to the aforesaid T. B. and his heirs against the aforesaid R. T. and M. and the heirs of him the said R. for ever And for this c. A Fine of a parcel in reversion by a Coparcenar Surr. ss COmmand T. W. and K. his Wife that justly c. they hold to G. S. the Covenant between them made of the third part of 8 Messuages 7 Gardens 40 acres of land 10 acres of Meadow 20 acres of Pasture 50 acres of Wood with the appurtenances in A. B. C. and D. And the Concord is such to wit that the aforesaid T. and K. have recognized the third part aforesaid with the appurtenances to be the right of the aforesaid G. and have granted rhat the same third part with the appurtenances which M. B. Widdow holdeth for Term of her life of the inheritance of the said K. the day that this Concord was made and which after the death of the same M. unto them the said T. and K. ought to revert shall remain to the foresaid G. and his heirs for ever to hold c. Moreover the same T. and K. have granted for themselves and the heirs of him the said K. that they will warrant to the aforesaid G. and his heirs the third part aforesaid with the appurtenances as aforesaid against themselves and the heirs of him the said R. for ever And for this c. A Fine by an Earl Husband and Wife to an Arch bishop and one other Midd. ss COmmand I. L. Knight Lord L. and I. his wife that justly and without delay they hold to the reverend father in Christ T. Y. by the Divine permission Archbishop of York Primate of England and G. E. the Covenant between them made of the Mannors of R. and M. with the appurtenances and of 50 Messuages 500 Tosts 200 Cottages 6 Mills 500 Barns 500 Gardens 5000 acres of land 1000 acres of Meadow 6000 acres of Pasture 1000 acres of Wood 10000 acres of Furres and Heath and of five hundred pounds rent with the appurtenances in R. C. A. or else S. T. V. W. and E. and of the Advowson of the Church of E. aforesaid And of the view of Frank pledge of K. C. and A. aforesaid And unlesse c. And the Concord is such to wit that the aforesaid I. L. Knight Lord L. and I. his Wife have recognised the Mannors Tenements Rents Advowson and view of Frank pledge aforesaid with the appurtenances to be right of him the said T. Y. Arch bishop of York as those which the same T. Y. Arch bishop and G. and L. have by the gift of the aforesaid I. L. and I his Wife and those they have remised to T. Y. Arch bishop and G. L. the heirs of him the said T. Y. Arch bishop for ever And moreover the same I. L. I. his Wife have granted for themselves and the heirs of him the said L. that they will warrant the Mannors Tenements Rents Advowson and view of Frank pledge aforesaid with the appurtenances to the
when it shall happen fully shall be satisfied and paid also the aforesaid R. and V. have granted to the said I. and M. the reversion of the Tenements aforesaid with the appurtenances the said rent of 4 pounds and the aforesaid rent of the best Beast in the name of an Heriot above reserved And those to them they have rendred in the said Court. To have and to hold to the said I. and M. and the heirs of the said I. and M. and the heirs of the said I. of the chief Lords of that fee for ever c. A Lease reserving a Rent of 20 l. With a nomine paene and a distress Midds ss COmmand E. P. Esq and M. his Wife and R. B. that they hold to I. R. and T. S. Covenant of one Messuage c. And the Concord is such to wit that the aforesaid E. P. M R. B. have recognised the Tenements aforesaid with the appurtenances to be the right of him the said I. T. as those which the said I. T. have by the gift of the said E. M. R. with a Release and warranty and for this c. The said I I. T. have granted to the said R. the Tenem aforesaid with the appurtenances those to him they have rendred in the said Court To have to hold to the said R. from the feast of St. Michael last past for the term of 31 years from thence next following and fully to be compleat yielding therefore yearly to the said I. and T. and the Heirs of him the said I. twenty pounds of lawfull money of England at two Terms of the year to wit at the Feast of the Annuntiation of the blessed Virgin Mary and of St. Michael the Arch-angel by equall portions yearly to be paid all the term aforesaid And if it happen the aforesaid rent of 20 l. or any parcell thereof to be in arrear and unpaid in part or in all by the space of forty daies after any Feast of the said Feasts in which the same ought to be paid that then the aforesaid R. shall forfeit to the said I. and T. the Heirs of the said I. 5. pounds in name of a pain and that then and so often it shall be lawfull for the said I. and T. and the Heirs of the said I. into the aforesaid Tenements with the appurtenances to enter and distrain and the distresses so there taken and had lawfully to lead bear and drive away and in their custody to retain untill aswell of the aforesaid 20. pounds as of the aforesaid 5. pounds in the name of a pain as aforesaid forfeited with the arrearages thereof if any shall be he shall be fully satisfied and paid Also the aforesaid I. and T. have granted to the aforesaid E. and M. the aforesaid Tenements with the appurtenances and the aforesaid rent of 20. pounds thereupon reserved and the aforesaid summe of 5 l. in the name of a pain And those to them they have rendred in the said Court. To have and to hold to the said E. and M. and the Heirs of the body of him the said E. lawfully begotten To hold c. And for default of such Issue the remainder thereof to W. W. and his heirs for ever To hold c. A Fine upon grant and render to one for term of life without impeachment of wast and for 16 years after her death then the one moiety to one in fee and the other to another York ss COmmand E. A. Widddow late Wife of W. A. W. Knight deceased that she hold to T. E. Covenant of the moiety of the Mannor of H. c. And the Concord is such to wit that whereas E. A. hath recognised c. And for this c. the same T. E. hath granted to the aforesaid E. A. the moiety aforesaid with the appurtenances And that to her hath rendred in the same Court. To have and to hold the aforesaid moiety of the Mannor c. to the aforesaid E. A. for the term of her life without impeachment of any wast of the chief Lords of that Fee by the services which unto the aforesaid moiety do belong all the life time of the said E. and for the term of sixteen years from thence next following after the death of the aforesaid E. and after the aforesaid Term of 16 years ended and determined that then one moiety of the aforesaid moiety of the Mannor aforesaid c. with the appurtenances shall remain to B. G. now Wife of G. Esq and the heirs of her the said B. to hold of c. And the other moiety of the aforesaid moiety of the Mannor c. aforesaid with the appurtenances shall remain to E. G. now Wife of N. G. and the heirs of her the said E. to hold of the chief c. A Render for life the reversion to one and his heirs males the remainder to another and his heirs Essex ss COmmand N. A. and W. that they hold to R. C. and T. C. Covenant of three Messuages And for this c. the said R and R. have granted to the aforesaid W. the tenements with the appurtenances And those to him they have rendred in the same Court. To have and to hold to the same W. and his assigns To hold of the chief Lords of that Fee by the services which unto the aforesaid tenements do belong all the life time of him the said W. and after the decease of him the said W. the said tenements with the appurtenances wholly shall remain to I. C. and the heirs males of the body of him the said I. lawfully begotten To hold c. And if there be no heir of the body of the said J. lawfully begotten then the said tenements with the appurtenances shall wholly remain to I. C. the brother of the aforesaid I. and his heirs for ever To hold c. A Lease for life the remainder for life to the Wife in the name of her Jointure with the remainder in tail ANd the Concord is such c. And after the decease of him the said J. the aforesaid c. with the appurtenances wholly shall remain to I. W. the Daughter of I. W. in the name of a Joynture whom God willing the said I. C. will take to his Wife to hold of the chief Lords c. all the life time of her the said I. and after the decease of her the said I. the aforesaid c. with the appurtenances wholly shall remain to the heirs males of the body of the aforesaid I. C. lawfully begotten To hold of the chief Lords c. A Fine where the Husband buyeth lands and granteth them again to the Cognisors for his Wifes life York ss COmmand T. C. Esq W. R. Esq T. P. Esq and L. B. Gent. that they hold to J. D. and E. his Wife the Covenant of the Mannor of C. N. and E. with the appurtenances and of 200 Messuages c. and of twenty pounds
rent with the appurtenances in C. N. and B. And unlesse c. And the Concord is such to wit that the aforesaid T. C. W. R. T. P. and L. have recognised the Mannors Tenements and rents aforesaid with the appurtenances to be the right of him the said I. And those they have remised and quit claimed from themselves and their heirs to the aforesaid J. and the heirs of him the said J. for ever And for this c. the same I. and E. have granted to the aforesaid T. C. W. R. T. P. and L. the aforesaid Mannors Tenements and Rent with the appurtenances and those to them they rendred in the same Court. To have to hold to the same T. C. W. R. T. P. and L. all the life time of her the said E. And the aforesaid I. and his heirs will warrant to the aforesaid T. C. VV. R. T. P. and L. the aforesaid Mannors Tenements and Rent with the appurtenances as it is said against all men during the life of her the aforesaid E. c. A Concord of divers Tenements Rents of a Rectory and Advowson c. THis is the final Concord made in the Court of the Lord Protector at W. from the day of Easter in 15 days in the year c. before E. A. T. M. F. W. W. P. Justices and other faithfull men then there present between I. B. Gent. and R. Gent. Plaintiffs and R. C. the elder Gent. and R. C. of Grays Inn in the County of Middlesex Gent. Deforcients of 100 Messuages 100 Cottages 2000 acres of Land 1000 acres of Meadow 2000 acres of Pasture 100 acres of Wood 1000 acres of Furrs and Heath and 100 shillings rent with the appurtenances in c also of the Rectory of K. with the appurtenances and of the Advowson of the Church of K. whereof Plea of Covenant was summoned between them in the same Court to wit that the aforesaid R. and R. have recognised the aforesaid Tenements Rent and Rectory with the appurtenances and the Advowson aforesaid to be the right of him the said J. as those which the same J. and R. have by the gift of the aforesaid R and R. And those they have remised and quit claimed from them the said R. and R. and their heirs to the aforesaid I. and R. and the heirs of him the said J. for ever And furthermore the said R. and R. have granted for themselves and the heirs of him the said R. C. the elder that they will warrant to the aforesaid J. and R. and the heirs of him the said J. The aforesaid Tenements Rent and Rectory with the appurtenances and the Advowson aforesaid against the aforesaid R. and R. and the heirs of him the said R. C. the elder for ever And for this Recognisance remise quite claim Warranty Fine and Concord the said J. and R. have given to the aforesaid R. and R. two thousand pounds sterling A Fine of the fourth part of two Messuages the one by a Coparcenor of his part c. to two strangers THis is the finall Concord made in the Court c. between G. I. and W. W. Plantiffs and I. C. and I. his wife Deforcients of the fourth part of 2 Messuages 4 Tofts 2 Gardens 2 Orchards 200 hundred acres of Land 20 acres of Meadow 40 acres of Pasture 12 acres of Wood and 100 acres of Moor with the appurtenances in G. and L. in four parts divided whereof plea of Covenant was summoned between them in the same Court to wit that the aforesaid T. and I. have regcognised the aforesaid fourth part with the appurtenances to be the right of him the said G. as that which the said G. and W. have by the gift of the aforesaid I. and I. And that they have remised and quit claimed from them the said I. and I. and the Heirs of the said I. to the aforesaid G. and W. and the Heirs of him the said G. for ever And furthermore the said Jo. and Ja. have granted for themselves and the heirs of her the said Ja. that they will warrant to the aforesaid G. and W. and the Heirs of him the said G. the aforesaid fourth part with the appurtenances And that to them they have rendred in the same Court. To have and to hold to the same I. and I. of the chief Lords of that Fee by the services which unto the aforesaid fourth part do belong during the lives of them the said I. and I. the life of the longer liver of either of them without impeachment of any wast And after the decease of them the said I. and I. the aforesaid fourth part with the appurtenances shall wholly remain to B. C. Son of the aforesaid I. and I. and the heirs of the body of the said B. lawfully begotten To hold of the chief Lords of that Fee c. for ever And if it happen that the said B. shall die without heir of his body lawfully begotten then after the decease of him the said B. the aforesaid fourth part with the appurtenances shall wholly remain to P. C. another Son of the said I. I. the heirs of his body c. to hold of the chief c. for ever And if it happen that the said P. shall die c. then after the decease of him the said P. the aforesaid fourth part shall wholly remain to R. C. another Son of the aforesaid I. and I. and the heirs of his body c. To hold of the chief c. for ever And if it happen that the said R. shall die c. then after the decease of the said R. the aforesaid 4th part with the appurtenances shall wholly remain to the right heirs of the aforesaid J. To hold of the chief Lords of that Fee by the services which unto the aforesaid fourth part do belong for ever A Fine of lands part in possession and part in reversion of a third part for term of the life of the Tennant in Dower and for Term of the life of another Tenant for Term of life York ss COmmand J. W. and A. his Wife that justly c. they hold to I. L. and E. E. Covenant of one Messuage c. also of the third part in three parts to be divided of 4 Messuages with the appurtenances c. And the Concord is such to wit that the aforesaid I and A. have recognised the Tenements aforesaid and the third part aforesaid with the appurtenances to be the right of him the said J. of which the said J. E. and E. E. have one Messuage with the appurtenances in the aforesaid Towns of T. and B parcel of the Tenements aforesaid and the aforesaid third part of four Messuages c. with the appurtenances in T. and B. parcel of the Tenements aforesaid by the gift of the aforesaid I. and A. And that they have remised and quit claimed from them the said I. and A. and their heirs to the aforesaid J. E. and E. E.
theresidue of the Tenements aforesaid with the appurtenances in N. aforesaid which W. P. and D. his Wife hold for term of the life of her the said D. of the Inheritance c. ut antea And furthermore the aforesaid R. and A. and the Heirs of him the said R. will warrant the Tenements aforesaid with the appurtenances to the aforesaid G. and his heirs as â—t is said against the aforesaid R. and A. and the Heirs of him the said R. for ever And for this c. A grant to the Cognisee and his Wife and the Heirs of their two bodies with Warranty York ss COmmand H. F. Gent. that justly c. he hold to H. M. and I. his Wife covenant c. of the Tenements in S. And unless c. And the Concord is such to wit that the aforesaid H. F. hath granted the Tenements and rent aforesaid with the appurterances to the aforesaid H. W. and I. And those to them he hath rendred in the said Court. To have and to hold to the said H. W. and I. and the Heirs of the bodies of them the said H. W. and I. between them lawfully begotten To hold c. and the aforesaid H. F. and their Heirs will warrant to the aforesaid H. W. and I. and the heirs of the body of them the said H. W. and I. between them lawfully begotten the Tenements aforesaid as it is said against all men for ever And for this c. A Grant with a Render back again for life with Remainders in taile dividing the Lands Hereff. ss COmmand N. B. and A. his wife that they hold to T. R. and R. G. Covenant c. of one Messuage c. with the appurtenances in E. c. And the Concord is such to wit that the aforesaid c. with Release and warranty c. and for this c. the said T. R. have gâ—anted to the aforesaid N. and A. the Tenements aforesaid with the appurtenances And those to them they have rendred in the said Court. To hold to the said N and A. for the lives of them the said N. and A. and the life of the longer liver of either of them without impeachment of waste all the life time of the said A. To hold c. And after the decease of them the said N. and A. one Messuage c. with the appurtenances in F. aforesaid being parcel of the Tenements aforesaid shall remain to T. B. one of the Sons of the aforesaid N. and A. and the Heirs male of the body of the aforesaid T. lawfully begotten and then after the decease of the said T. the aforesaid Tenements being parcell of the aforesaid Tenements wholly shall remain to I. B. one other of the Sonnes of the aforesaid N. and A. the Heirs Males of the body of him the said I. lawfully begotten To hold c. And if it happen c. after the decease of the said I the aforesaid Tenements parcel of the said Tenements shall wholly remain to B. F. one other Sonne of the aforesaid A. and the Heirs males of the body of the aforesaid B. lawfully begotten To be held c. And if it happen c. that then the Tenements aforesaid shall remain to divers others and the right Heirs of the aforesaid D. for ever To hold c. And furthermore the aforesaid T. and R. have granted that after the decease of the aforesaid N. B. and A. his wife 44 acres of Land 2 acres of Meadow c. with the appurtenances in B. aforesaid being residue of the aforesaid Tenements shall wholly remain to the aforesaid B. F. and the Heirs of his body lawfully begotten To hold c. And if it happen that the said B. shall die without Heir of his body lawfully begotten that then after the decease of the said B. the Residue of the aforesaid Tenements shall wholly remain to the aforesaid T. F. and his Heirs and assigns for ever A Fine to entaile Lands to the Heirs of oâ—â— deecased Leicester ss COmmand I. C. Esq that he hold to M. C. Widdow Covenant of three Messuages c. And the Concord is such that the aforesaid I. hath granted to the said M. the aforesaid Tenements with the appurtenances And that to her hath rendred in the said Court. To have and to hold to the said M. and the Heirs of the body of her the said M. of the body of I. C. lately her Husband deceased lawfully begotten of the chief c. And if it happen that the said M. shall dye without Heir on her body of the body of the said I. C. lawfully begotten then after the decease of her the said M. the aforesaid Tenements with the appurtenances shall wholly remain to the right Heirs of the said I. C. deceased To hold c. And the aforesaid I. C Esq and his Heirs will warrant to the aforesaid M. and the Heirs of her body of the body of the aforesaid I. C. deceased and also to the right Heirs of him the said I. C. if the said M. shall dye without Heir of her body of the body of the said I. C. deceased lawfully begotten the aforesaid Tenements with the appurtenances as is said against the aforesaid I. C. Esq and his Heirs for ever And for this c. A Grant by a Duke and his wife as in the right of his wife to the Conusee for life of the Tennant for life with warranty a Render to the Cognisor for the Wives life to convey her title to her Husband COmmand T. Duke N. and M. his wife that they hold to T. T. Esq Covenant c. of the Tenements in W. and unlesse c And the Concord is such to wit that the aforesaid Duke and M. have granted to the aforesaid T. T. the Tenements aforesaid with the appurtenances and whatsoever the said Duke and M. have in the Tenements aforesaid with the appurtenances for term of â—ive of her the said M. And those to them they have rendâ—ed in the said Court. To have and to hold to the said T. T. and his Heirs of the chief Lords of that Fee by the services which unto the said Tenements with the appurtenances do belong all the life time of her the said M. And furthermore the said T. and M. have granted for themselves that they will warrant to the aforesaid T. T. and his Heirs the Tenements aforesaid with the appurtenances against all men all the life time of the said M. And for this c. the said T. T. hath granted the Tenements aforesaid with the appurtenances to the aforesaid Duke and those to him he hath rendred in the said Court. To have and to hold the said Tenements with the appurtenances to the said Duke and his Heirs all the life time of the said M. to hold ut supra A Concord oâ— a moyety of divers things in pâ—â—â—ession and of a reversion in Fee THis 〈…〉 finall Concord made c. beâ—â—â—en â— â— and
â— H. Plantiffes T. N. I. his wife one of the Cousins and Heirs of R. E. Defortients of the Moyety of the Manâ—ors of W. and R. with the appurtenances and of the Moyety of 80 Messuages 40 acres of Land 300 acres of Meadow 50 acres of Pasture 100 acres of Wood 30 acres 〈…〉 and Heath 160 acres of Moore 200 acres of Marish and 20 shillings rent with the appurtenances in W. R. W. P. T. 〈…〉 of the advowson of the Moyety of the 〈◊〉 of E. W. P. and R. and 〈…〉 of the Moyety of the 〈…〉 of L. whereof Plea of Covenaâ—◠〈…〉 between them in the 〈…〉 that the aforesaid T. and â— â—ave 〈…〉 the aforesaid Moyeties with the appurtâ—nances and the advowsons afoâ—â—said to â—e â—â—e right of him the said A. of which the said A. and L. have by gift the Moyety aforesaid of the Mannor of R. with the appurtenances also the Moyety of 80 Messâ—â—geâ— 260 acres of Land 100 acres of Meadow â—00 acres of Pasture 80 acres of Wood 200 acres of Ling and Heath 140 acre of Marisâ— 100 acres of Moore and six pounds six shillings rent with the appurtenances in R. T. H c. and also the advowson of the moyeâ—y of the Church of R. and the advowson of the moyety of the Monastery or Priory of L. parcelâ— of the Moyety of the Mannors Tenements rent and advowsons aforesaid by the gift of the aforesaid T. and I. and those they have remised and quite claimed from them the said T. and I. and the Heirs of him the said I. to the aforesaid A. and L. and the Heirs of him the aforesaid A. for ever And furthermore the said T. and I. have granted for themselves and the Heirs of hâ—m the said I. that the moyety of the Mannor of W. and the moyety of 30 Messuages 250. acres of Land 100 acres of Meadow c. with the appurtenances in W. P. E. and W. aforesaid and the advowsons of the moyety of the Churches of P. E. and W. aforesaid being the residue of the moyety of the Mannors Tenements rent and advowsons aforesaid which E. E. holdeth for term of her life of the inheritance of the aforesaid I. the day that this Concord was made and which after the decease of the said E. E. unto the aforesaid T. and I. and the Heirs of him the said I. ought to revert after the decease of her the said E. E. wholly shall remain to the aforesaid A. and L. and the Heirs of him the said A. to hold together with the aforesaid moyety and advowson which to them by this Fine do remain of the chief Lords of that Fee by the services which unto those moyeties and advowsons do belong for ever And the aforesaid T. and I. and the Heirs of him the said I. will warrant to the aforesaid A. and L. and the Heirs of him the said A. the aforesaid moyeties with the appurtenances and the advowsons aforesaid as aforesaid against all men for ever And for this recognisance remise quite claim warranty fine and Concord the said A. and L. have granted to the aforeaid T. and I. the aforesaid Moyetie oâ— the Mannor of R. and the moyety oâ— the Tenements with the appurtenances aforesaid in R. T. H. c. aforesaid Also the advowson of the moyety of the Chuch of R. aforesaid the advowson of the moyety of the Monastery or Priory of I. aforesaid and those to them they have rendred in the said Court. To have and to hold to the said T. and I. and the Heirs of him the said I. of the chief Lords of that Fee by the services which unto those moyeties and advowsons do belong for ever And also the said A. and L. have granted the aforesaid moyety of the Mannor of W. with the appurtenances and the aforesaid Moyety of the the Tenements with the appurtenances in W. P. E. c. aforesaid to the said T. and I. and those also have rendred in the said Court. To have and to hold immediatly after the death of the aforesaid E. E. to the said T. and I. and the Heirs of him the said I. of the chief Lords of that Fee by the services which unto that moyety and advowson do belong for ever A Grant of Lands by Fine to two who render to the Cognisor in tail and for default of such issue to R. T. in generall tail the remainder to another and his Heirs for ever ANd the Concord is such c. that the aforesaid A. hath recognised the Tenements aforesaid with the appurtenances to be the right of him the said I. as those which the said I. and D. have by the gift of the aforesaid A. and those he hath remised c. and for this c. the said I and D. have gran-to the aforesaid A. the Tenements aforesaid with the appurtenances And those to him they have rendted in the said Court To have and to hold to the said A. and the Heirs of the body of him the said A. lawfuly begotten and for default of such issue then the Tenements aforesaid with the appurâ—enances whloly shall remain to the Heirs of the body of R. T. Son of the aforesaid A. and the Heirs of the body of them â—awfully begotten and for default of such issue then the Tenements aforesaid with the appurtenances shall remain to D. E. and his Heirs for ever c. A Grant of Lands in tail to be holden of the Grantor in Soccage York ss COmmand S. B. Esq that he hold to W. S. Covenant of three Messuages c. with the appurtenances in C. And unlesse c. And the Concord is such to wit that the aforesaid S. hath granted to the aforesaid W. the Tenements aforesaid with the appurtenances and those to him he hath rendred in the said Court. To have and to hold to the said W. and the Heirs of his body lawfully begotten of the aforesaid S. and his Heirs in Soccage by Fealty only for all services and demands which unto the aforesaid Tenements do belong for ever And if it happen that the said W. shall dye without Heir of his body lawfully begotten then after the decease of him the said VV. the Tenements aforesaid with the appurtenances shall wholly remain to I. S. Grandfather of the aforesaid W. and the Heirs of the body of him the said I. lawfully begoten To hold c. ut antea And if no Heir of the body of the said I. shal be lawfully begotten then the aforesaid Tenements with the appurtenances shall wholly revert unto the aforesaid 〈◊〉 and his Heirs quite from other Heirs of the aâ—orâ—said W. and I. to hold of the chief c. And furthermore the aforesaid S. and his Heirs will warâ—ant to the aforesaid W. and the Heirs of his body lawfully begoten and to the aforesaid I. and the Heirs of his body lawfully begotten if the said W. shall dye without heir of his body lawfully begotten the aforesaid Tenements
yearly to be paid and if it happen that the aforesaid yearly rent c. A Fine of a Reversion Norff. ss COmmand P. A. that he hold Covenant c. of one Messuage c. And the Concord is such to wit that the aforesaid P. hath recognised the Tenements aforesaid with the appurtenances to be the right of him the said E. And hath granted for himself and his Heirs that the aforesaid Tenements which W. B. and A. his Wife hold for term of the life of the said A. of the inheritance of the said P. the day that this Concord was made And which after the decease of the said A. unto the aforesaid P. and his Heirs ought to revert after the decease of the said A. shall wholly remain to the aforesaid E. S. and his Heirs for ever To hold c. and the aforesaid P. hath granted for himself and his Heirs that he will warrant the aforesaid Tenements with the appurtenances as it is said against all men for ever And for this c. A Fine in Fee farm of a rent granted out of a Mannor only Salop. ss COmmand A. C. Widdow that she hold to H. C. Gent. Covenant of the yearly rent of 40 l. issuing out of the Mannor of S. with the appurtenances in S. And unlesse c. And the Concord is such to wit that the aforesaid A. hath granted to the aforesaid H. the aforesaid rent with the appurtenances And that to him hath rendred in the said Court. To have and perceive the aforesaid 40 l. to the said H. and his assigns at the Feasts of the Annuntiation of the blessed Virgin Mary and of St. Michael the Arch-angel by equall portions yearly to be paid during the life of the said H. c. And if it happen the aforesaid rent of forty pounds to be in arrear c. that then it shall be lawfull for the aforesaid H. and his assigns during her life into the aforesaid Mannor with the appurtenances to enter and distrain c. And the aforesaid A. and her Heirs will warrant to the aforesaid H. and his assigns the aforesaid rent of forty pounds with the appurtenances as it is said against â—he aforesaid A. and her Heirs during the life of the said H. for ever And for this c. A Fine of severall rents granted out of a Mannor Staff ss COmmand E. B. Widddow E. B. Gent. R. B. Gent. and R. B. Gent. that they hold to R. G. Covenant of the Mannor of H. with the appurtenances and of ten Messuages c. And the Concord is such to wit that the aforesaid Eliz Edw. Bald. Ra. Rich. have recognised the aforesaid Mannor Tenements and rent with the appurtenances to be the right of him the said R. cum Release â—â— warrant And for this c. The said Rog. hath granted to the aforesaid Edw. one annuity or yearly rent of 6 l. 13s 4 d. issuing out of the Mannor Tenements aforesaid with the appurtenances And those to them he hath rendred in the said Court. To have and perceive the said yearly rent of 6l 13. s. 4 d. to the aforesaid Edw. and his assignes during his life at the Feast of the nativity of St. John the Baptist and the Annuntiation of the blessed Virgin Mary by equall portions yearly to be paid And if it happen c. Also the said R. hath granted one annuity or yearly rent of 6l 13 s. 4 d. ut supra cum claus district And moreover the said R. hath granted to the aforesaid R. one other annuity c. of 6 l. 13 s. 4. d. in manner and form aforesaid furthermore the said R. hath granted to the aforesaid E. the aforesaid Mannor Tenements and Rent with the appurtenances And those to them he hath rendred in the said Court. To have and to hold to the aforesaid E. and his assigns during the life of the said E. of the chief Lords of the Fee c. And after the decease of the said E. the aforesaid Mannor Tenements and Rent shall wholly remain to the aforesaid E. and his Heirs To hold of the cheif c. A Fine of a Rent with a Pain of 8 l. for every five weeks that the Rent is behind for every week after the 5 weeks to forfeit 8 l. nomine Poene with a clause of distresse ANd for this c. the said A. B. have granted to the aforesaid W. and F. one annuall rent of 90 l. out of the aforesaid Mannor Tenements with the appurtenances and those to him they have rendred in the said Court. To have and perceive the aforesaid annual rent of 90 l. to the said W. F. and the Heirs of the bodies of the said W. F. lawfully begotten at the Feasts of St. Michael the Arch-angel of the Annuntiation of the blessed Virgin Mary by equal portions yearly to be paid And if it happen that the said W. F. shall dye without Heir of their bodies lawfully begotten Then after the decease of the said W. and F. the said yearly rent of ninety pounds shall wholly remain to the right Heirs of the said W. at the Feasts aforesaid yearly to be paid And if it happen the aforesaid annuall rent of ninety pounds to be in arrear and unpaid in part or in all by the space of 5 weeks after any Feast of the aforesaid Feasts wherein as aforesaid it ought to be paid if in a lawfull manner it be demanded at C. aforesaid that then and so often the aforesaid W. T. and his Heirs shall forfeit to the aforesaid W. and F. and the Heirs of their bodies lawfully begotten and also to the right Heirs of the said W. if the aforesaid W. and F. shall die without Heir of their bodies lawfully begotten eight pounds in name of a Pain And so every Nomine poene week after the aforesaid 5 weeks eight pounds as often as the aforesaid yearly Rent of ninety pounds shall be in arrear that then and so often it shall be lawfull for the aforesaid W. and F. and the Heirs of their bodies lawfully begotten and also for the right Heirs of the said W. if the said W. and F. shall die without Heir of their bodies lawfully begotten into the aforesaid Mannors and Tenements with the appurtenances to enter and distrain and the Distresses so there taken and had to lead bear and drive away and in their custody to retein untill as well of the aforesaid yearly rent of ninety pounds with the arrearages thereof if any shall be as of the aforesaid eight pounds as aforesaid in the name of Pain forfeited after the aforesaid 5 weeks and for 8 l. for every week after the aforesaid 5 weeks as aforesaid they shall be fully satisfied and paid c. A Fine in fee Farm yeilding a Rent with a distresse Essex ss COmmand T. S. of C. Esq and A. his Wife that they hold to W. D. Covenant of 5 acres of Land with
the appurtenances in E. c. And the Concord is such to wit that the aforesaid T. and A. have recognised the Tenements aforesaid with the appurtenances to be the right of him the said W. as those which the said W. hath by the gift of the aforesaid T. and A. and those they have remised and quite claimed from themselves and their Heirs to the aforesaid W. and his Heirs for ever And furthermore the aforesaid T. and A. have granted for themselves and the Heirs of the said T. that they will warrant to the aforesaid W. and his Heirs the Tenements aforesaid with the appurtenances against all men for ever And for this c. The aforesaid W. hath granted to the aforesaid T. one annuity or yearly rent of 20 s. of lawfull money of England issuing and to issue of and out of the Tenements aforesaid with the appurtenances and that to him they have rendred in the said Court. To have hold and perceive the aforesaid annuity or yearly Rent of 20 s. at foresaid to the aforesaid T. and his Heirs a-the Feasts of St. Martin the Bishop in winter and of Penticost by equal portions yearly for ever to be paid And if and as often as it happen the aforesaid annuity or yearly rent of 20 shillings aforesaid to be in arrear and unpaid in part or in all by the space of forty days after any feast of the feasts aforesaid wherein as aforesaid it ought to paid that then and so often it may and shall be lawfull for the aforesaid T. and his heirs into the aforesaid Tenements with the appurtenances to enter and to distrain And the distresses so there taken lawfully to lead bear and drive away and in his custody to retain until of all the aforesaid annuity or yearly rent of 20 s. aforesaid together with the arrearages thereof if any shall be he be fully satisfied and paid c. A Fine in fee farm rendring a rent suit of Court and Heriot after decease recease and alienation South ss COmmand A. B. and C. D. that they hold to F. G. Covenant of 20 acres of land c. And the Concord is such to wit that the aforesaid A. B. and C. D. have recognised the tenements aforesaid to be the right Ut in sine sur recognisance de droit releâ—se and warranty And for this c. the aforesaid T. hath granted to the aforesiid A. B. and C. D. one annuity or yearly rent of 12 d. of lawfull money of England issuing and to issue from and out of the tenements aforesaid with the appurtenances And those to them he hath rendred in the said Court. To have and to perceive the aforesaid annuity or yearly rent of 12 d. to the said A. B. and C. D. and the heirs of the said A. at the Feasts of St. Michael the Arch-angel and the Annunciation of the blessed Virgin Mary by equal portions yearly to be paid And also the aforesaid F. hath granted for himself and his heirs to the aforesaid A. B. and C. D. and the heirs of the said A. to doe suit of Court yearly to the aforesaid A. B. and C. D and the heirs of the said A. at his Mannor of C. twice in the year upon lawfull warning thereof aforehand to be given To hold c. And to pay after the decease recease and alienation as well of the aforesaid F. and his heirs as of every other Tenant being free Tenant of the Tenements aforesaid or of any parcel thereof the best beast of verye such Tenant in the name of a Heriot And if it happen the aforesaid annuity or yearly rent to be in arrear and unpaid in part or in all after any feast of the feasts aforesaid wherein as aforesaid it ought to be paid or suit of Court aforesaid not to be done or the Heriot aforesaid when it shall happen not to be paid or delivered that then it shall be lawfull for the aforesaid A. B. and C. D. and the heirs of the said A. into the tenements aforesaid with the appurtenances to enter and to distrain and the distresses so there taken lawfully to lead bear and drive away and in his custody to retain until as well of the aforesaid annuity or yearly rent of 12 d. together with the arrearages thereof if any shall be as of the suit of Court and the Heriot aforesaid being in arrear the said A. B. and C. D. and the heirs of the said A. shall be fully satisfied contented and paid c. A Fine in Fee-farm rendring a rent with a Nomine poene for default of payment Warw. ss COmmand A. B. Esq that he hold to C. D. Covenant of the Mannor of L. with the appurtenances Also of 4 Messuages and ten shillings rent with the appurtenances in L. aforesaid c. And the Concord is such to wit that the aforesaid A. B. hath recognised ut in fine sur recognisance de droit And for this c. the said C. hath granted to the aforesaid A. one annuity or yearly rent of seven pounds of lawfull money of England issuing and to issue out of and in the Mannor and Tenements with the appurtenances And that to him he hath rendred in the said Court To have and perceive the aforesaid annuity or yearly rent of seven pounds to the aforesaid A. his heirs and assigns the tenth day of September between the ninth hour before mid-day at the third hour after mid-day of the same day yearly at the house or dwelling commonly called S. situate in his Marker called the Market stead in the Town of C. in the Countie of D. to be paid And if it happen the aforesaid annuity or yearly rent of seven pounds to be in arrear and unpaid in part or in all by the space of fourteen dayes after the aforesaid tenth day of September wherein as aforesaid it ought to be paid that then the aforesaid C. and his heirs shall forfeit to the said A. and his heirs 13 s. 4 d. in name of a pain so often as the aforesaid annuity or yearly rent or any parcel thereof shall happen to be so in arrear And it shall be lawfull for the aforesaid A. and his heirs into the aforesaid Mannor and other the premisses with the appurtenances and into every parcel thereof to enter and distrain as well for the aforesaid annuity or yearly rent of seven pounds and every parcell thereof as for the aforesaid 13 s. 4 d. in name of a pain to the said A. and his heirs forfeited Nomine poene so often as it shall so happen to be in arrear unpaid and the distresses so there taken and had lawfully to lead bear and drive away and in his custody to retain until as well for the aforesaid annuity or yearly rent of seven pounds as for the aforesaid 13 s. 4 d. in name of a pain so often forfeited the said A. and his heirs shall be fully satisfied and paid c. A
this c. A Fine acknowledged by I. F. Knight and M. his Wife and R. H. of 2 Messuages 1 Garden 1 Orchard and of Land Meadow and Pasture to T. B. and I. K. with warranty against all men And the Conusees by the said Fine Grant and Render to the said R. one of the Conusors in the Fine 6 acres of Land c. parcel of the Premises for one month to come next and afterwards the same to remain to one I. now the Wife of R. N. and R. N. Son of the said R. and I. during their lives the longer liver of them and after their deceases the said 6 acres of Land to remain to I. N. Daughter of the said R. and I. his Wife during her life reserving a Rent with clause of Distresse for non-payment thereof and the residue of the Premises viz. The two Messuages one Garden one Orchard c. the said Conuses grant and render to R. H. for one month and afterwards to one R. N. and I. his Wife To have and to hold to the said R. I. during their lives and the longest liver of them reserving also thereupon a Rent with a clause of Distress for non payment thereof And lastly the said Conusees do grant and render the reversion of the whole Premises and the several rents reserved upon the said Grants and Renders unto the said I. F. and M. his Wife two of the said Conusors and to the Heirs of the said I. F. for ever COmmand I. F. Knight and M. his wife and R. H. that justly c. they hold to T. P. and I. K. c. of 2 Messuages one Garden one Orchard 21 acres of Land nine acres of Meadow and 58 acres of Pasture with the appurtenances in M. And unless c. Warranty And the Concord is such to wit that the aforesaid I. M. and R. have recognised the Tenements aforesaid with the appurtenances to be the right of the said T. as those which the said T. and I. have by the gift of the aforesaid M. and R. And those they have remised and quite claimed from them the said I. M. and R. and their Heirs to the aforesaid T. and I. and the Heirs of the said T. for ever And moreover the said I. F. M. and R. have granted for themselves and the Heirs of the said I. that they will warant the Tenements aforesaid with the appurtenances to the aforesaid T. and I. and the Heirs of him the said T. against all men for ever and for this c. The said T. and I. have granted to the aforesaid R. six acres of Land 6 acres of Meadow and 46 acres of Pasture of the Tenements The Render of the parcel of the Premises aforesaid with the appurtenances and those to him they have rendred in the said Court. To have and to hold to the said R. for term of one month henceforth next to come And after that term ended the said 6 acres of Land 3 acres of Meadow 46 acres of Pasture with the appurtenances shall wholly remain to one I. the now Wife of one R. N. and to one R. N. Sonne of them the said R. N. To have and to hold to the aforesaid I. and R. during the life of them the said I. and R. and of the longer liver of either of them and after the decease of the said I. and R. the said 6 acres of Land 3 acres of Meadow and 46 acres of Pasture with the appurtenances shall wholly remain to I. N. Daughter of the aforesaid R. and I. his Wife The Rent To have and to hold to the said I. the Daughter all the life time of the said I. the Daughter yielding therefore yearly to the aforesaid T. and I. and their Heirs 108 s. 10 d. at the Feasts c. by equall portions yearly to be paid A clause of Distresse And if it happen the aforesaid annuall rent of CVIII shillings X pence or any parcell thereof to be in arrear and unpaid in part or in all after any Feast of the Feasts aforesaid wherein or in which as aforesaid it ought to be paid that then it shall be lawfull for the aforesaid T. and I. their Heirs and assigns as well during the naturall life of the aforesaid I. and R. N. now Wife of the aforesaid R. and of the longer liver of either of them as during the life of the aforesaid I. the Daughter into the aforesaid 6 acres of Land c. with the appurtenances and into every parcel thereof to enter and to distrain and the distresses so there taken it may be lawfull from them to lead and drive away and in their custody to retein untill of the aforesaid annuall rent of 108 s. 10 d. and of every parcel thereof together with the arrears thereof if any shall be they shall be fully satisfied and paid And furthermore the said T. and I. have granted to the aforesaid R. H. The render of the resiâ—ue two Messuages one Orchard one Garden sixteen acres of Land 3 acres of Meadow and 12 acres of Pasture with the appurtenances being the residue of the Tenements aforesaid And those to him they have rendred in the said Court To have and to hold to the said R. for the term of one month and after that term ended the said 2 Messuages 1 Garden 1 Orchard sixteen acres of Land three acres of Meadow and twelve acres of Pasture being the residue shall wholly remain to one R. N. and I. his Wife To have and to hold to the said R. N. and I. during the life of the said R. N. and I. and of the longer liver of Rent for the Residue them yielding therefore yearly to the aforesaid T. and I. and the Heirs of them 13 s. of lawfull money of England at the Feasts aforesaid by equal portions yearly to be paid And if it happen the aforesaid yearly rent of 13 s. A clause of Distresse or any parcel thereof to be behind and unpaid in part or in all after any Feast of the Feasts aforesaid wherein as aforesaid it ought to be paid That then it shall be lawfull for the aforesaid T. and I. into the aforesaid two Messuages one Garden one Orchard 16 acres of Land 3 acres of Meadow and 12 acres of Pastureâ— being the residue with the appurtenances and every parcell thereof to enter and distrain and the distresses so there taken it may be lawfull from thence to lead drive The render of the reversion of all the premises and all the Rents reserved away and in their custody to retein untill of the aforesaid Rent of 13 s. together with the arrerages thereof if any shall be they shall be fully satâ—fied and paid Also the aforesaid T. and I. K. have granted to the aforesaid I. F. and M. the reversion of all and singular the Tenements aforesaid with the appurtenances and all the rents aforesaid thereupon reserved And those to them they have rendred
in the said Court. To have and to hold to the said I. and M. and the Heirs of him the said I. for ever of the chief Lords of the Fee by the services which unto the aforesaid Tenements with the appurtenances do belong for ever A Fine accknowleged by G H. and D. his Wife T. S. Esq and M. his Wife of forty acres of Land to R. B. and W. N. with Warranty and the Conuses do grant and render to the said D. and to his Heirs all mines of Coles in a Close parcel of the Premises called Stanley Field with liberty to digge for the same COmmand G. H. Esq and D. his Wife T. S Esq and M. his Wife that justly c they hold to R. B. and W. W. the covenant between them made of 40. acres of Land with the appurtenances in Stanley and Spendon And unless c. And the Concord is such to wit that the aforesaid G. D. T. and M. have recognised the Tenements aforesaid with the appurtenances to be the right of him the said R. as those which the said R. and W. have by the gift of the aforesaid G. D. T. and M. and those they have remised and quite claimed from them the said G. D. T. and M. and their Heirs to him the aforesaid R. and W. and the Heirs of the said R. against the aforesaid G. D. T. and M. and the Heirs of him the said T. for ever and for this recognisance The Conusees do grant and render 〈◊〉 mines in part of the Premises to 〈◊〉 of the Coâ—â—sorâ— and 〈◊〉 to get â—heâ— c. the aforesaid R. and W. have granted to the aforesaid G. D. all mines of coales being in a field patcel of the Tenements aforesaid called Stanley Field also free ingress and egress in and upon the aforesaid Field to digge in those mines for those Coales all times of the year at the free will and pleasure of the said G. and D. and the Heirs of him the said D And all those to them they have rendred in the said Court. To have take and perceive the aforesaid mines ingresse â—gresse and liberty aforesaid with the appurtenances to the aforesaid G. and D. and the Heirs of him the said D. for ever A Fine knowledged by W. K. and K. his wife of the third part of one Messuage one Barn one Garden c. to I. K. and T. H. with warranty against all men and the said Conusees do grant and render to the said S. one of the Conusors the said third part of the Premiseâ— from Mich. or the Annuntiation c. which first shall happen to be the next after the death of one E. now the Wife of W. T. for the term of 21 years reserving a rent yearly to the Conusees with a clause of Distress for the said rent and lastly the said Conusees grant and render the reversion of the said Premises to W. K. and K. his Wife being two of the said Conusors in the said Fine and to the Heirs of the said K for ever COmmand W. K. and K. his Wife that justly c. they hold to I. K. and T. H. the Covenant between them made of the third part of one Messuage one barn one garden 30 acres of land 2 acres of meadow and 10 acres of pasture with the appurtenances in c. And unless c. Warranty And the Concord is such to wit that the aforesaid W. K. and S. have recognised the third part aforesaid with the appurtenances to be the right of the said I. as those which the said I. and T. have by the gift of the aforesaid W. K. and S. And those they have remised and quite claimed from them the said W. K. and S. and their heirs to the aforesaid I. and T. and the heirs of him the said I. for ever And furthermore the said W. K. and S. have granted for themselves and the heirs of him the said K. that they will warrant the third part aforesaid with the appurtenances to the aforesaid I. and T. and the heirs of him the said I. against all men for ever And for this recognizance the said I. and T. have granted to the aforesaid S. the third part aforesaid with the appurtenances that to him they have rendred in the said Court. To have and to hold to the said S. from the Feast The render of St. Michael the Archangel or from the Feast of the Annunciation of the blessed Virgin Mary which shall first and next happen or shall be after the death of one E. now Wife of W. T. and late wife of R. C. deceased unto the end and term of 21 years from thence next coming and fully to be compleat yeilding therefore by the year to the aforesaid I. and T. twelve pence at the Feasts of the Annuntiation of the blessed Virgin Mary and of St. Michael the Arch-angel by equall portions to be paid And if it happen the aforesaid yearly rent of twelve pence or any parcell Clause of Distress for the rent thereof to be behind and unpaid in part or in all after any Feast of the Feasts aforesaid wherein as aforesaid it ought to be paid That then it shall be lawfull for the aforesaid I. and T. their Heirs and assigns into the third part aforesaid with the appurtenances and into every parcel thereof to enter and distrain and the Distresses so there taken it may be lawfull from them to lead drive bear away and in their custody to retein untill of the aforesaid yearly rent of twelve pence and of every parcel thereof together with the arteages thereof if any shall be they shall be fully satisfied and paid Also the said I. K. The Grant of the reversion and the rent reserved upon the Lease for 21 years and T. H. have granted to the aforesaid W. and K. the reversion of the third part aforesaid with the appurtenances and the rent aforesaid above reserved And those to them they have rendred in the said Court. To have and to hold to the said W. and K. and the Heirs of him the said K. for ever of the chief Lords of the Fee by the Servicâ—s which unto the said third part do belong for ever A Fine knowledged by W. P. and M. his Wife of a Mannor c. one water-Mill one Wind-Mill three Dove-houses c. to E. B. and R. C. and the Conusees by the same Fine do grant unto the said M. a yearly rent of twelve pounds going out of the said Mannor Habendum from Mich. or the Annuntiation next after the death of the said W. P. her Husband and one of the Conusors in the said Fine during her life in the full recompence of her Title of Dower or joynture in any of the Lands of her said Husband with a clause of Distresse for the said rent And lastly the said Conusees grant and render again the said Mannor c. to the said VV. P. the Conusor and Husband to
decease of him the said I. S. to dame V. shall wholly remain to the aforesaid J. E. R. and W. and the heirs of him the said I. S. for ever And furthermore the said W. hath granted for himself and his heirs that he will warrant The reversion granted to the said Conusees and to the heirs of one of them the Mannors Tenements and rent aforesaid with the appurtenances to the aforesaid I. E. R. and W. and the heirs of him the said I. S. against all men for ever And for this recognisance c. A Fine knowledged by a Widdow and another to the President and Scholars of Saint Johns Colledge in Oxon of the Scite and principal house of the Colledge commonly called the White Friers in the suburbs of Oxon and 6 Messuages 6 Gardens 6 Orchards c. also in the same Suburbs with warranty A Fine sur cognisance de droit COmmand I. P. Widdow and E. P. Gent. that justly c. they hold to W. E. President of the Colledge of St. John the Baptist in the University of Oxford and the Scholars of the same Colledge the Covenant of the Scite and principal house of the Colledge commonly called The white Friers in the Suburbs of the City of Oxford with the appurtenances and of 6 Messuages 6 Gardens 6 Orchards 20 acres of Land 20 acres of Meadow and 6 acres of pasture with the appurtenances in the Suburbs of the City aforesaid And unlesse c. And the Concord is such to wit that the aforesaid I. and E. have recognised the Tenements aforesaid with the appurtenances to be the right of him the said President and Scholars as those which the same President and Scholars have by the gift of the aforesaid I. and E. And those they have remised and quite claimed from themselves and the heirs of him the said E. to the aforesaid President Scholars and their Successors for ever And moreover the same I. and E. have granted for themselves and their heirs that they will warrant to the aforesaid President and Scholars warranty and their Successors the tenements aforesaid with the appurtenances against the aforesaid I. and E. and the heirs of him the said E. for ever And for this c. A Fine by two and the Wife of one of them of Lands Meadow and Pasture with warranty against the conusors and the heirs of the Husband A Fine sur cognisance de droit COmmand R. B. Gent. T. R. and M. his Wife that they hold to T. B. Gent. the Covenant c. of 30 acres of Land 2 acres of meadow 3 acres of pasture and 6 acres of wood with the appurtenances in C. And unlesse c. The warranty And the Concord is such to wit that the aforesaid R. T. M. have recognised the Tenements aforesaid with the appurtenances to be the right of him the said T. B. as those which the same T. hath by the gift of the aforesaid R. T. and M. And those they have remised and quite claimed from them the said R. T. and M. the Heirs of him the said R. to the aforesaid T. B. and his Heirs for ever And furthermore the same R. T. and M. have granted for themselves and the Heirs of him the said R. that they will warrant the Tenements aforesaid with the appurtenances to the aforesaid T. B. and his heirs against the aforesaid R. T. and M. and the heirs of him the said R. for ever And for this c. A Fine knowledged by T. N. Knight to G. T. Esquire of one Mannor one Messuage c. with warranty against all men A Fine sur cognisance de droit COmmand T. N. Knight that justly c. he hold to G. T. Esquire the Covenant c. of the Mannor of T. with the appurtenances and of one Messuage ten acres of Meadow fifty acres of Pasture and thirty acres of wood with the appurtenances in T. and G. And unlesse c. The warranty And the Concord is such to wit that the aforesaid T. N. hath recognised the Mannor and Tenements with the appurtenances to be the right of him the said G. as those which the same G hath by the gift of the aforesaid T. and those he hath remised and quite claimed from himself and his heirs to the aforesaid G. and his Heirs for ever And furthermore the same T. hath granted for himself and his Heirs that they will warrant the Mannor and Tenements aforesaid with the appurtenances against all men for ever And for this c. A Fine knowledged by T. VV. and K. his wife to G. S. of the third part of 8 Messuages 6 Gardens c. the which one M. B. Widdow holdeth for term of her life and which is of the inheritance of the Conusors wife the day of the Concord made and which ought after the death of the said widdow to revert unto the Conusor and his wife as in the right of his wife and by this fine after the death of the said widdow being tenant for life is to come and remain to the said Conusee and his heirs for ever with warranty against all men COmmand T. W. and K. his wife that justly c. they hold to G. S. the Covenant between them made of the third part of 8 Messuages 6 Gardens 6 acres of land 10 acres of meadow 20 acres of pasture 50 acres of wood with the appurtenances in A. B. c. C. c. A fine of a reversion after the death of Tenant in Dower And the Concord is such to wit that the foresaid T. and K. have recognised the Third part aforesaid with the appurtenances to be the right of the aforesaid G. and they have granted that the same third part with the appurtenances which M. B. Widdow holdeth for term of her life of the inheritance of the said K. the day that this Concord was made and which after the death of the said M. unto them the said T. and K. ought to revert to remain to the aforesaid G. and his heirs for ever To hold c. And moreover the same T. and K. have granted for themselves and the heirs of her the said K. that they will warrant to the aforesaid G. and his heirs the third part aforesaid with the appurtenances warranty as aforesaid against all men for ever And for this c. A Fine knowledged by the Husband and the VVife to one I. I. of 9 Messuages c. with warranty against all men A fine sur Cognisance de droit COmmand E. P. Gent. and E. his Wife that justly c. they hold to I. L. the Covenant between them made of 9 Messuages 9 Gardens 300 acres of Land 100 acres of Meadow 100 acres of Pasture 20 acres of wood 100 acres of Furrs and Heath c. And of the moyety of 20 Messuages 20 Gardens one Water-mill one Dove-house 60 acres of Land 200 acres of Meadow 300 acres of
c. with the appurtenances as aforesaid against the aforesaid A. and M. during the life of her the said M. And for this c. A Fine knowledged by J. C. and T. his Wife of 2 Messuages 1 Barn c. to one H. P. with warranty and the said H. P in consideration of the said Fine granteth and rendreth again by the same Fine the premisses to the Conusors for one day and afterwards to I. P. widdow for her life and after her death the premisses wholly to remain to H. P. and his heirs for ever COmmand I. C. and T. his wife that justly c. they hold to H. the Covenant c. of two Messuages one Barn c. And unlesse c. warranty And the Concord is such to wit that the aforesaid I. and T. have recognised the Tenements aforesaid with the appurtenances to be the right of him the said H. as those which the same H. hath by the gift of the aforesaid I. and T. And those they have remised and quite claimed from themselves and their heirs to the aforesaid H. and his heirs for ever And furthermore the aforesaid I. and T. have granted for themselves and the heirs of him the said I. that they will warrant the tenements aforesaid with the appurtenances to the aforesaid H. and his heirs against all men for ever And for this recognisance c. the aforesaid H. hath granted the tenements aforesaid with the appurtenances The Render to the aforesaid I. and T. And those to them he hath rendred in the same Court. To have and to hold to the same I. and T. for term of one day so that after the said Term ended the tenements aforesaid with the appurtenances shall wholly remain to I. P. widdow for term of the life of the same I. And after the death of the aforesaid I. the Messuages and Barn aforesaid c. shall wholly remain to H. P. and his Heirs for ever To hold of the chief Lords of that Fee c. and 5 acres of land and one acre of meadow with the appurtenances being residue of the tenements aforesaid shall wholly remain to A. B. and his heirs for ever To hold c. The taking of the knowledge of the Fine TAken and recognised before James D. Knight chief Justice of the Common bench in the year c. Notes to be observed in Fines 1. Note that there be some more things passe in the Praecipe which are not named in the Concord 2. Note that a Cause of re-entry may not be in a Fine 3. Note that if a man purchase divers parcels of Land of divers men he shall have all the parcels passe in one common fine but he must have severall warranties of every one of the parties for their several parcels 4. Note that Catlin Chief Justice of the Upper Bench said that South nosme de bois haut bois et Subbois passera en un fine 5. Note that by Dyer a render cannot be made but only to him that is named in the Fine but a remainder may be limited to one by a Fine though he be not named in the Praecipe A Fine knowledged by the Husband and wife unto two of 30 Messuages c. the Cognisees render the same again to the said Conusors for term of their two lives with divers remainders over after their deaths in general tail to the Children of the said Conusors and for default of issue of the said Conusors to the right heirs of the wife of the Conusor for ever THis is the final Concord made in the Court of c. such a return tali Anno before R. B. A. F. T. E. and W. S. Justices And afterwards in 8 dayes of the Holy Trinity in the year c. there granted and recorded before the same Justices and other of the faithfull of the Commonwealth of England then there present Between W. H. and I. R. Plaintiffs and I. C. and T. his wife Deforcients of 30 Messuages 200 acres of Land 300 acres of Pasture 10 acres of Wood 200 acres of ling and heath and 30 s. rent with the appurtenances in P. F. c. whereof plea of Covenant was summoned between them in the same Court to wit that the aforesaid I. C. and T. have recognized the aforesaid Tenements with the appurtenances to be the right of him the said I. R. as those which the same I. and W. have by the gift of the aforesaid I. C. and T. And those they have remised and quite claimed from them the said I. C. and T. and the heires of him the said T. to the aforesaid W. and I. R. for ever And furthermore the said I. C. and T. General warranty have granted for themselves and the heirs of him the said T. that they will warrant to the aforesaid W. and I. R. and the heirs of him said I R. the aforesaid Tenements with the appurtenances against all men for ever And for this recognisance remise quite claim warranty fine and Concord the same W. and I. R. have granted to the aforesaid I. C. and T. the aforesaid Tenements with the appurtenances And those to them they have rendered The render in the same Court. To have and to hold to the same I. C. T. of the chief Lords of that Fee by the Services which unto the aforesaid Tenements do belong all the life-time of the said I. C. and T. and the longer liver of either of them And after the decease of the said I. C. T. the aforesaid tenements with the appurtenances shall wholly remain to I. C. sonne of the aforesaid I. C. and T. and the heirs of his body lawfully begotten To hold of the chief Lords of that fee by the services which unto the aforesaid Tenements do belong for ever And if it happen that the said J. C. the Son shall die without heir of his body lawfully begotten then after the decease of him the said J. the aforesaid Tenements with the appurtenances shall wholly remain to R. C. one other Son of the aforesaid J. C. the Father and T. and to the heirs of his body lawfully begotten To hold of the chief Lords of the Fee by the services which unto the aforesaid Tenements do belong for ever And if it happen the said R. to die without heir of his body lawfully begotten then after the decease of him the said R. the aforesaid tenements with the appurtenances wholly to remain to the heirs of the bodies of the aforesaid J. C. the Father and T. lawfully begotten To hold of the chief Lords of that Fee by the services which unto the aforesaid Tenements do belong for ever And if no heir of the bodies of the aforesaid J. C. the Father and T. shall be lawfully begotten then the aforesaid Tenements with the appurtenances shall wholly remain to the right heirs of the aforesaid T. To hold of the chief Lords of that Fee by the services which unto the aforesaid
York ss BEtween A. B. Plantiff and C. D. Deforcient of 2 Messuages 2. Cottages 100 acres of Land 40 acres of Meadow 20 acres of Pasture one acre of Wood 8 acres of Ling and Heath and one penny Rent with the appurtenances in A. A Note of the Fine whereof Plea of Covenant was summoned between them c. that is to say that the aforesaid John hath recognised the Tenements and Rent aforesaid with the appurtenances to be the right of him the said A. and hath granted for himself and his Heirs that the aforesaid Tenements and Rent with the appurtenances which the aforesaid G. and I. hold for term of the life of him the said I. of the Heirs of the aforesaid C. the day wherein this Concord was made which after the decease of him the said I. unto the aforesaid C. and his heirs ought to revert after the decease of him the said I. shall wholly remain to the aforesaid A. and his Heirs to hold of the chief Lords of that Fee by the Services which unto the aforesaid Tenenement and Rent do belong for ever And for this recognisance grant fine and Concord the said A. hath given to the aforesaid B. 100 Marks sterling Upon which note before the ingrossing of the Fine if it be of a remainder reversion rent or Seigniory writs of Qâ—iâ— Juris clamat per quae servicia or quem reddiâ—um reddit must be sued as the case requireth Plo. fo 43. b. 22. H. 6. 13. Quid Juris clamat Quid Juris clam is a Judicial writ issueth â—ut of the Record of the Fine remaining in the keeping of the Custos brevium of the Common place Plo. 43. b. before it be ingrossed for after the ingrossing it cannot be had Plo. fo 431. b. 22 H. 6. 13. F. Nat. Br. 147 a. which lyeth for the grantee of a reversion or remainder when the particular Tenant will not atturn to enforce him to atturn 22. H. 6. 13. Plo. 431. b And it is made in this form Summons O. c. To the Sheriff greeting we command you that you cause to come before our Justices c. â—ali die G. and A. his Wife to know what right they claim in one Messuage c. with the â—pâ—urtenances in B. which Tenements with the appurtenaâ—ces M. who was the Wife of G. in our Court c. hath granted to A. of B. by a Fine thereof there between them made And have you c. And the final cause of this writ of quid Juris clamat is that the grantee or cognisee of the reversion or remainder may by that Atturnment of the particular Tenant be enabled if cause be given to bring an Action of wast or to avow for rent reserved or services behind which he cannot do without Atturnment Plo fo 431. b. 22. H. 6. 13. Tenant in Dower Tenant in Dower shall atturn though the writ suppose her to be Tenant for life because she claimeth no greater estate than Frank Tenement Hil. 3. E. Fitz. Quid Juris clamat 3. yet it seemeth she thereby looseth her warranty and advantage to be newly endowed if she be evicted 10. E. 3. Fitz. Quid juris clamat c. 41. If a gift be for life the remainder for life the writ must mention the remainder Hil. 3. E. 3. 15. Fitz. Fines 9. It is meet therefore to learn who are compellable hereby to atrurn and who not and by whom What Persons may obtain Atturnment by Quid Juris clamat and what not Grantee of a reversion THe grantee of a reversion voyd of impediment 34. H. 6. b. Fitz. Na. Br. fo 168 b. F. N. B. 147 a. Infant But an Infant cannot because if a Lease for life without impeachment of wast be pleaded in Barr he cannot confess it 43. E. 3. 5. Contr. 23. E. Fiz quid Juris c. 42. Nothing in the reversion Feme Covert If the Cognisor have nothing in the reversion the Tenant shall not atturn Lib. Int. fol. 436. A Fâ—me Covert without her Husband albeit the Fine was levyed when she was sole 11. H 4. 7. Divers If there be divers Pleas and one die hanging the Plea yet shall the Tenant atturn to the rest 48. E. 3. 32. Divers Or if divers sue the writ and one be non-suit yet attournment shall be unto the other without Summons and severing of the other 46. E. 3. 32. Abbot Abbot avera atturnment dum ten pur vie sans mre licence et nest forfeiture 17. E. 3. 7. Disseasor If Cognisee discease the Tenant of part he shall have no atturnment 19. E. 2. Fitz. Quid Juris c. 46. What Persons be compellable to atturn by Quid Juris clamat and what not T. for life THe writ of Quid Juris clamat lyeth against the particular Tenant of the Land for life 34. H. 6. b. Nat. Br. fo 168. b. Fitz. Nat. fo 147. a 49. h. though he be but a Tenant for life of Land holden in Capite or a Feme Covert Feme Covert 45. E. 3. 11. And a Tenant for years shall atturn 3 H. T. for years 4. 3. T. In tail But Tenant in tail is not compellable because of the estate of inheritance which is in him 38. E. 3. 20. Nor Tenant in tail after T. in tail after possibilities c. possibility of issue extinct for the inheritance that was once in him 43. E. 3. 1. 46. E. 3. 13. et 72. T. for life of Lands in Capite A particular Tenant for Lands holden in Capite is not compellable to atturn without sight of Licence of alienation lest his Lands should be subject to a Fine for the alienation without licence 45. E. 3. 6. Executors If A. and B. have an estate for ten years as executors and B. have five years in reveruÌ„on in his own right he must atturn because he is possessed of the whole term and the attornment of one executor of a Term is good enough 32. E. 3. Fitz. Quid Juris 5. p. Stanh T. pur vie ove A. pur ans But if A. Lease to B. and C. for six years and after confirm the Estate of B. for life the note of the fine shall make mention of B. onely per Seton 32. E. 3. Fitz. Quid Juris c. 5. T. in Dower T. by the Courtesie If Tenant in Dower or by Courtesie grant their estate yet the Quid Jur. clam lyeth against them for none but they can be Tenant in Dower or by the Couttesie 18. E. 3 5. T. for years upon Condition If a Leasee for years with livery be upon Condition that if the Leasee pay 10 pound such a day or the Leasor die within the term c. He shall have Fee if before the day the Lessor alien by Fine this Tenant shall atturn salvis advantagijs And yet if he pay the ten pounds at the day or
such a Fine under the great Seal hath this Commodity That if any errors remain in the record of the same Fine they be not amendable after the exemplification thereof 23 Eliz. c. 3. but iâ— seemeth this extendeth only to Fines levyed before the same statute 23 Eliz. c. 3. These inrollments and exemplifications seem very necessary because that the privity and warrant of the said Court many errors hapening in the former records thereof may be amended and these inrolments will suffice if the former Record thereof or any part thereof be imbezelled or otherwise defaced 23 Eliz. c. 3. The exemplification of a Fine inrolled according to the Statute of 23 El. c. 3. OLiver Lord Protector c. To all to whom this present writing shall come greeting Know ye that among the Inrolments of Writs and other things depending for Fines according to the form of the Statute of the Term of Easter at Westminster in the year of our Lord God 1654. in the 7. Roll it is thus contained ss Essex ss Oliver Lord Protector of the Common-wealth of England Scotland and Ireland c. To the Sheriff of Essex greeting Command E. W. Esquire and I. his wife that justly and without delay they hold to I. W. and I. S. the Covenant between them made of two Messuages two Gardens two Orchards 20. Acres of Land 20. Acres of Meadow 40. Acres of Pasture and 100. Acres of Furs and Heath with the appurtenances in B. and W. And unless they shall do it and the aforesaid I. and I. shall secure you for prosecuting their plaint then summon by good summoners the aforesaid E. and I. that they be before our Justices at Westm in 8. dayes of Saint Michael to shew wherefore they did it not and have you there the summoners and this Writ Witness my self at Westminster the 13. day of September in the year c. Pledges of prosecuting John Doo Richard Roo summoners John Den Richard Fen John T. Esquire Sheriff ss I. W. giveth to the Lord Protector six Shillings and eight pence for a license of Concord with E. W. Esquire and I. his wife of a plea of Covenant of 2. Messuages 2. Gardens 2. Orchards 20. Acres of Land 20. Acres of Meadow 10. Acres of Pasture and 100. Acres of Furs and Heath with the appurtenans in B. and W. And he hath a Certiorari by the peace admitted before R. H. one of the Justices of the Lord Protector of the Bench Justice in the Countrey ss Oliver Lord Protector c. to his beloved and faithfull R. H. one of his Justices of the Bench greeting Whereas our Writ of Covenant dependeth before you and your Associates our Justices of the Bench between I. W. and I. S. E. W. Esquire and I. his wife of 2. Messuages 2. Gardens 2. Orchards 20. Acres of Land 20. Acres of Meadow in B. and W. in the County of Essex to Levy a Fine thereof between them before you and your Associates aforesaid in the Bench aforesaid according to the Law and Custome of our Common-wealth of England and the same E. and I. are of themselves so impotent that without very great danger of their bodies unto West at the day in the Writ aforesaid contained to the knowledgements which in this behalf are required to be made to travail they are not sufficient as we have received we tendring the state of the same E. and I. in this behalf have given you power to receive the recognizances which the aforesaid E. and I. before you shall make of the premises And therefore we command you that unto the aforesaid E. and I. personally going their cognizances aforesaid ye receive And when he have received them your aforesaid Associates thereof under your Seales distinctly and openly ye certifie that then that Fine between the parties of the premises before you and your Associates aforesaid in the Bench aforesaid may be levied according to the Law and custome aforesaid And have you there then this Writ witness my self at Westminster the 27. of September in the year c. The answer of the within named R. H. unto this Writ The execution of this Writ appeareth in a certain Schedule to this Writ annexed And the Concord is such that is to say that E. and I. in the Writ to this Schedule annexed have reknowledged the Tenements in the said Writ specified with the appurtenances to be the right of I. W. in the same Writ named as those which the same I. and I. S. in the said Writ named have of the gift of the aforesaid E. and I. and those they have remised and quit claimed from themselves and their heirs to the aforesaid I. and I. and the heirs of him the said I. W. for ever And furthermore the same E. and I. have granted for themselves and the heirs of him the said I. that they will warrant the tenements aforesaid with the apputtenances to the aforesaid I. and I. and the heirs of him the said I. W. against all men for ever And for this c. the same I. W. and I. S. have granted the Tenements aforesaid with the appurtenances to the aforesaid E. I. and the heirs of the body of him the said E. by the aforesaid I. lawfully begotten and for want of such issue the tenements aforesaid with the appurtenances shall wholly remain to the aforesaid I. and the heirs of the body of him the said I. lawfully begotten and for default of such issue the tenements aforesaid with the appurtenances shall wholy remain to the right heirs of him the said E. for ever To hold c. R. H. S. This is the finall concord made in the Court of the Lord Protector at Westminster in 8. dayes of Saint Michael in the year c. before I. D. R. W. I. W. and R. H. Justices and other of the Lord Protectors faithfull then there present between I. W. and I. S. plaintiffs and E. W. Esquire and I. his wife deforcients of 2. Messuages 2. Gardens 2. Orchards 20. Acres of Meadow 40. Acres of pasture and 100. Acres of Furs and Heath with the appurtenances in B. and W. whereof plea of Covenant was summoned between them in the same Court to wit that the aforesaid E. and I. have recognized the aforesaud tenementss with the appurtenances to be the right of him the said I. W. as those which the same I. and I. S. have by the gift of the aforesaid E. and I. And those they have remised and quite claimed from them the said E. and I. and their heirs to the aforesaid I. and I. and the heirs of him the said W. for ever And furthermore the same E. and I. have granted for themselves and the heirs of him the said I. that they will warrant to the aforesaid I. and I. and the heirs of him the said I. W. the aforesaid tenements with the appurtenances against all men for ever And for this recognizance remise quite claim warranty Fine and Concord the same I.
either such as are void of impediments or such as have impediments and the same be either parties or privies to the Fine or estrangers to the same And again they have either present right or future right such have the same either wholly after the fine or partly before parrly after and some of them have but one title and some divers and others have no right to the Tenements comprised in the fine but to some things therein or issuing out of the same Parties to Fines void of impediments at the time of the levying of the same and their Heirs are thereby barred presently and have no time at all to avoid the same by entry or claim 1 R. 3. ca. 7. 4 H. 7. ca. 24. whether they be persons having naturall capacities or civill If they be such civill bodies or corporations as have in themselves absolute estate and authority of their possessions so as they may maintain a Writ of right thereof as Maior and Cominalty Dean and Chapter Colledges societies corporate and such like and their successors and barred by fines presently Plo. 338. a T. 20. Eliz. But Deans Bishops Priors Abbots Masters of Hospitals Parsons Vicars Prebendaries Chauntry Priests and such like which may not have a Writ of right but either a Juris utrum Fitz. Nat. fol. 48. 1. or sine assensu Capituli fit Nat. fo 118. 1 are not barred by such fines if the patron and ordinary joyn not with them Plo. 538. a. 20 Eliz. 375. b. 11. Eliz. How privies in blood are bound in Fines ANd by the same Statutes 1 R. 3. c. 7. 4 H. 7. c. 24. Privies in blood as Heirs of the Cognisors claiming by the same title that their Ancestor had that levied the Fine be barred presently thereby whether they be void of impediments or no. As if Land of Soccage tenure be given to a Baron and Feme in speciall tail the remainder to the right Heirs of the Baron in Fee and the Baron sole levieth a fine with Proclamation to his own use in Fee and after deviseth the same Lands to A. in Fee and hath issue and then the Baron and the Feme die the issue in tail is barred because he cannot otherwise convey himself to the tail and descent in tail than the Heir of the body both of his Father and Mother Tr. 18 Eliz. Dyer f. 251. p. 24. 9 H. 8. Dyer f. 3. p. 6. 32 H. 8. Br. Fine 109. Privies So if husband and wife tenants in speciall tail have issue and the wife die and the husband Marry another wife and have issue and levy a fine sur cognizance de droit come ceo c. and by the same fine take estate in speciall tail the remainder over c. and die the issue by the first wife is barred because he is privy in blood the continuance of the possession in the husband notwithstanding 32 E. 3 Dyer pl. 16 Eliz. f. 354. p. 31. and 32. But if my Fathers Brother disseise him and levy a fine with Proclamation and my Father and Unckle within five years after Proclamation die yet may I avoid it by entry at any time before the end of the said five years notwithstanding that I am privy in blood unto my Unckle for that my title to the Land groweth by my Father and not as Heir unto my Unckle P. 19 H. 8. Dyer f. 3. p. 3. Nevertheless if my Father disseise my Grandfather of an estate in Fee and thereof levy a fine with Proclamation and first my Grand-father and then my Father die I am now barred as privy because I cannot otherwise convey my self to the Lands than as Heir unto my Father the Cognisor P. 19 H. 8. Dyer f. 3. p. 3. Of Estrangers having present right and no impediment BUt Estrangers to fines which be all persons not parties nor privies and being void of impediments naturall and legall and having present right to the Lands in the fine have only five years after Proclamations to enter and claim their right 1 R. 3. c. 7. 4 H. 7. c. 24. Tenant in remainder or reversion upon an estate for years or at will As if one have a remainder or a reversion depending upon an estate or years or by Statute Staple Statute Merchant or elegit and the termor be disseised and a fine levyed c. and five years passed they be all barred thereby for that these termors might presently have entred and he in the reversion or remainder for such disseisin might have had an Assise So the Statute 4 H. 7. c. 24. seemeth to bar the Termors through negligence by this word Interest which comprehendeth a Term Pl. f. 374. a. And if a Tenant in tail be disseised and a fine levied with Proclamation and five years past and the tenant in tail dieth the issue in tail is bound for ever per Dyer and Catlin for the right was present to the tenant in tail at the time of the fine levyed and he cannot claim but by the same title which his Father had which was barred in his life time Plo. fo 374. a Dyer fo 3. Pl. 19 H. 8. 7. The like it is of the Laches of him in the remainder or reversion for it barreth him and his Heirs Pl. fo 374. a. Dyer fo 3. p. 6. Of Estrangers that have present right and impediment BUt Estrangers to fines pestred by impediments of infancy coverture madness idiocy lunacy imprisonment or absence out of the Realm at the levying of fines and having then present right or interest have yet liberty five years after such infirmity removed to make entry or claim c. 1 R. 3. c. 7. 4 H. 7. ca. 24. Infants And therefore an Infant hath five years after he accomplish his full age though he be in his Mothers womb Plo. s 367. a. because the Law intendeth that Infants by reason of their tender years do want understanding to know their right and whether their entries be lawfull or no And how to make their entries and claim or bring their actions according to their title Plo. fo 359. 4 H. 7. c. 24. Yet if my Fathers Brother disseise him and levy a fine with Proclamation and a year after the Proclamation my Father dyeth And after and within five years my Uncle dyeth I by reason of my Infancy have only so much time to avoid the same as at the death of my Father â—emained to come of the five years next after the Proclamation and not now five years because I claim by the same title that my Father had in whom the first five years were attached and begun Dyer fo 3. pl. 2. In like Maner and for the same reason if the Father or Ancestor be disseised and the disseisor levy a fine with Proclamation and within five years after the Proclamation the Ancestor dyeth his Heir being within age yet if he make not his entry or claim within the first five years after the Proclamation he is barred Plow f.
Moor and Marish with the appurtenances in J. alias I. W. and N. And unlesse c. And the Concord is such to wit that the aforesaid R. H. hath recognised the Mannors and Tenements aforesaid with the appurtenances to be the right of the aforesaid R. B. as those which the said R. c. have by the gift of the said R. H. And those he hath remised and quit claimed from him the said R. and his heirs to the aforesaid R. c. and the heirs of him the said R. B. for ever And furthermore the same R. H. hath granted for himself and his Heirs that he will warrant the warranty Mannors and Tenements aforesaid with the appurtenances to the aforesaid R. c. and the heirs of him the said R. for ever And for this c. This is the Fine as it is ingrossed of Record whercof the Fine next before is but the Note THis is the final Concord made in the Court of the Lord Protector at c. tali die c. in the year c. before I. T. Esq Justice of the said Lord Protector of Chester at Chester and other faithfull c. then there present Between R. B. R. H. and H. H. Plaintiffs and R. H. of P. Esq Deforcient of the Mannor of I. with the appurtenances and of c. whereof plea of Covenant was summoned between them in the same Court to wit that R. H. hath recognised the Mannors and Tenements aforesaid with the appurtenances to be the right of the aforesaid R. B. as those which the same R. R. and H. have by the gift of him the said R. H. And those he hath remised and quite claimed from him the said R. and his Heirs to the aforesaid R. c. and the Heirs of the said R. B. And turthermore the same R. H. hath granted for himself and his Heirs that he will warrant the Mannor and Tenements aforesaid with the appurtenances to the aforesaid R. B. and H. and the Heirs of him the said R. B. for ever And for this Recognisance Warranty Fine and Concord the same R. c. have given to the aforesaid R. H. 100 pounds of silver The nine Proclamations of the Fine next before made according to the Statue of 2 Ed. 6. made for Fines with Proclamations within the County Palatine of Chester ☞ THe first Proclamation was made on Wednesday in that same Sessions The second Proclamation was made Thursday in the very same Session The third Proclamation was made in full Sessions here at c. holden the day c. in the year c. Et sic de caeteris c. Note Three Proclamations in every Sessions A Fine knowledged by A. B. to T. F. and G. H. of a Mannor with warranty against all men and the Conusees in the same Fine grant and render again the said Mannor to the said A. B. for one week and afterwards to N. M. for 21 years to begin after the Feast of St. Martin the Bishop in winter reserving a red Rose at Midsummer if it be asked And after the end of the said Term of 21 years the said Mannor c wholly to remain to the said A. B. the Conusors and his heirs for ever COmmand A. B. that justly c. he hold to T. F. and G. H. the Covenant of the Mannor c. The warranty And the Concord is such to wit that the aforesaid A. hath recognised the Tenement aforesaid with the appurtenances to be the right of him the said T. as those which the same T. and G. have by the gift of the aforesaid A. And those he hath remised and quite claimed from himself and his heirs to the aforesaid G. and his heirs for ever And furthermore the same A. hath granted for himself and his heirs that he will warrant the Tenements aforesaid with th' appurtenances to the aforesaid T. G. the heirs of him the said T. against all men for ever And for this c. the said T. and G. have granted and in the same Court rendred the Tenements aforesaid with the appurtenances to the aforesaid A. The render for one week And after that Term ended the Tenements aforesaid with the appurtenances shall wholly remain to N. M. and his assigns for the term of 21 years after the Feast of S. Mart. the Bp. in winter next to come immediatly following and fully to be compleat Yielding therefore yearly to the aforesaid T. G. and the heirs of him the said T. during all Term aforesaid one red Rose at the Feast Rent of the Nativity of S. John the Baptist if it be asked And after that Term ended the Tenements Remainder in fee to the Conusor aforesaid with the appurtenances shall wholly remain to the aforesaid A. and his heirs for ever c. A Fine knowledged by R. B. of two Messuages c. to I. A. with warranty against all men and the Conusee granteth the premises again to the Conusor for one week and afterwards to one W. B. for life reserving a rent and afterwards to the Conusor for his life and after to S. B. his wife for her life and after to J. B. son of the Conusor and his wife for life and afterwards the said Conusee granteth the reversion of the premises and the rent to the said R. B. the Conusor and his heirs for ever COmmand R. B. Gent that justly c. he hold to I. A. the Covenant c. of two Messuages c. And unlesse c. warranty And the Concord is such to wit that the aforesaid R. hath recognised the Tenements aforesaid with the appurtenances to be the right of him the said I. A. as those which the same I. hath by the gift of the aforesaid R. B. and those he hath remised and quite claimed from himself and his Heirs to the aforesaid I. and his Heirs for ever And furthermore the same R. B. hath granted for himself and his Heirs that he will warrant the Tenements aforesaid with the appurtenances to the aforesaid I. A. and his heirs against all men for ever And for this recognisance c. the same I. hath granted to the aforesaid R. B. c. and those to him he hath rendred in the The render same Court. To have and to hold the Tenements aforesaid with the appurtenances to the aforesaid A. R. B. for term of one week and after that term ended the remainder to W. B. for term of the life of him the said W. B. Yielding therefore by the year to the aforesaid Rent I. A. and his Heirs 40 l. at 4 Terms of the year viz. at c. by equal portions to be paid And after the decease of him the said R. B. the remainder thereof to S. B. wife of the aforesaid R. for term of the life of her the said S. Yielding ut supra And after the decease of her the said S. B. the remainder thereof to I.