Linguistic DNA - Concept Modelling Demonstrator

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	life_n	remainder_n	tail_n	3,653	5	10.2270	5	true

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A14970	The second part of Symboleography, newly corrected and amended, and very much enlarged in all the foure seuerall treatises. 1. Of fines and concordes. 2. Of common recoueries. 3. Of offences and indictments. 4. Of compromises and arbitrements. Wereunto is annexed another treatise of equitie, the iurisdiction, and proceedings of the high Court of Chauncerye: of supplications, bils, and aunsweres, and of certaine writs and commissions issuing thence, and there also retornable: likewise much augmented with diuers presidents, very necessary for the same purpose, beginning at the 144. section, and continuing to the end of bils and aunsweres. Hereunto is also added a table for the more easy and readie finding of the matters herein contayned: the new additions hauing therein this marke * set before them; Symbolaeographia. Part 2	West, William, fl. 1568-1594.	1601 (1601)	STC 25278; ESTC S119713	604,936	622

forein thing if it be not consequent As in a writ of land rent common c. may be rendred issuing out of it 18. E. 4. 22. And a Concord may be with an exception of some part 44. E. 3. 21. If a man will he may make a Iointure by fine thus If I. leuie a fine to A. in fee sur cognizance de droit come ceo c. and after A. rendre to I. for life without impeachment of wast the remainder to B. his wife for terme of her life the remainder to I. and his heires 38. H. 8 Br. Fines 108. The Manors tenements conteined in the writ may be diuided As if a fine be leuied betweene R. and M. of ii manors which M. knowledgeth all his right of the said ii manors to be the right of the said R. as that which c. for which R. grauÌ„teth rendreth th one manor to M. for life with ii parts of the other manor which N. holdeth in dower To haue th one manor and two parts of the other manor to M. for life the remainder after her death to R. in taile and that after the death of A the third part shall remaine to an other 43. E. 3. 11. 45. E. 3. 12. And in like maner a fine is leuied of the manor of G. cum pertinenÌ„ by A. vnto C which A. knowledgeth the right in C as that c. and C. granteth and rendreth the same to A. in tayle The remainder of the 4. part of the manor towards the west to the said A. and her heires the remainder of an other 4. part towards the East to I. in fee the remainder of an other 4. part towards the South to one R. in fee and of the other 4 part towards the North to W. and his heires it is good 44. Ass p. 11. Or incerteinly by 3. third parts to A. B. and C. in remainder seuerally 18. H. 7. Br. Fines 111. A fine leuied to one in tayle vpon condition with remainder is holden to be good 27. H. 8. 24. Plowd 34. b. 24. E. 3. 62. Contra per Prisot 33. H. 6. 52. and 44. E. 3. 22. But a fine with a reentrie was reiected 44. E. 3. 22. A lease for yeares may be made by a fine in this forme The lesse must knowledge the tenements to be tthe right of the lessor as that c. and then the lessor must graunt the lands backe againe to the lessee for so many yeres as are agreed vpoÌ„ reseruing a reÌ„t with a clause of distresse But this fine wil not bind the issue in taile because he taketh by the fine but giueth nothing thereby Br. Fines 106. tempore H. 8. 36. H. 8. Br. Fines 118. Plow 455. 14. Eliz. Or a lease for yeares may be made by fine to bind the tenant in taile thus The tenant in taile and the lessee to knowledge the tenements to be the right of an estranger as that c. and the Cognizee to graunt and render the tenements to the lessee for certain yeeres yeelding a reÌ„t with a clause of distresse and then graunt the reuersion to the tenant in taile 36. H. 8. Br. Fines 118. If an estranger which hath nothing in the lands leuie a fine to him in the remainder in taile dependant sur estate pur vie sur cognizance de droit come ceo que il ad de son done c. and the cognizee by the same fine render to the cognizor for yeares de commeÌ„cer al Mich. ensuant and dieth and al the proclamations are made after his death The tenant for life after such time as the said leas is limitted to begin dieth it is adiudged a good leas to barre the issue in taile for the terme 14. Eliz. Plowd fol. 437. b. inter Smyth Stapleton which seemeth contrarie to the opinion before Br. Fines 106. 118. A. by fine graunteth his tenements which I. holdeth for life and which after his decease c to W. for life rendring rent c. with a distresse sauing the Reuersion 44. E. 3. 45. Fine sur cognizance de droit come ceo c is leuied to A. in fee rendring rent this reseruation is void because the fine is executed for no reseruation can be but of a fine executorie as sur render 50. E. 3. 9. 24. E. 3. 26. 39. E. 3. 1. And if diuers ioine in a fine the warrantie must be by them and the heires of one of them which is the owner of the land 44. E. 3. 1. 21. E. 3. 27. 42. E. 3. 13. 24. E. 3. 66. ContrÌ„ sur terres de Gauelkind ibmÌ„ A particuler tenant as for life c. cannot surrender his terme to him in the reuersion or remainder by fine But he may graunt and releas it to him by fine 44. E. 3. 36. One Concord may be of lands in seuerall Counties and the fine pro licenc ' concord ' of all extracted entierly Yet must there be seuerall writs of Couenant returnable all at one day 6. Eliz. Dyer fol. 227. pl. 44. 15. E. 4. 33. And finally in Concorde all the speciall names of things conteyned in the writ whereupon the fine is leuied are not to be rehearsed But onely the generall words therein mentioned as manor tenements rents aduowson common c. As where the writ is de vno messuagio vno gardino vno pomario decem acrÌ„ terrae v. acrÌ„ prati x. acrÌ„ pasturae iiij acrÌ„ bosci communia pasturÌ„ cum pertinÌ„ in C. c. The Concord hath RecognÌ„ tenÌ„ta coiÌ„am praedictam cum pertinentijs esse ius c. But the examples following will more plainely expresse this and all the differing formes of Concords here before mencioned A writ of Couenant of 3 messuages and of common of pasture PRaecipe c. de tribus mesuag ' c. cum pertinÌ„ in D. T. de coÌ„munia Sect. 31. pasturÌ„ pro omnibus omnimodis auerijs ac de pastura pro 400. oâ—ibus cum pertinÌ„ in D. in parochia de C. Et nisi c. Of one messuage one curtilage one gardeyne of a rent and of sheepewalke PRaecipe c. de vno mesuag ' vno curtilagio vno gardino c. ac Sect. 32. v. li. redditÌ„ cum pertinÌ„ in F. Necnon de libertÌ„ vnius faldagij cursu ouium cum pertinÌ„ in F. Et nisi c. Of Wood and a Foldage PRaec ' c. de centum acrÌ„ bosci cum pertinÌ„ in N. ac de libertate faldagij Sect. 33 pro xl ouibus cum pertinÌ„ in S. Et nisi c. Of Wood. PRaecipe c. de c. quatuor virgatÌ„ bosci c. in parochijs de B. Sect. 34. L. c. Of 2. partes in 3. partes deuided of 8. acres of land of pasture acres of reede and of freshe and salte marshe land PRaecipe c. de duabus partibus in tres partes diuidend ' viij acrÌ„ Sect. 35. terrae lx acr '

c. Et nisi c. Et est Concordia talis scilicet quod praedict ' Comes Comitiss recognouerunt redditÌ„ praedictum cum pertinentijs esse ius ipsius W. vt illa que idem W. habet de dono praedictorum Comitis Comitisse Et ill ' remiserÌ„ quietÌ„ clamauerÌ„ de se heredibus suis praefatÌ„ W. heredibus suis imperpetuum Et preterea ijdem Comes Comitissa concedunt pro se heredibus ipsius Comitis quod ipsi warrantÌ„ redd ' pÌ„dictÌ„ cum pertinÌ„ pref W. hered ' suis contra omnes homines imperpetuuÌ„ Et pro hac c. A Fine of the third part of a rent by the husband and wife Suffolk ss PRaec ' R. I. vxori eius quod teneant H. C. conuenc ' Sect ' 52. c. de tertia parte quinque librÌ„ sex solid ' octo denarÌ„ redditÌ„ cum pertinentijs exeunÌ„ de manerijs de K. Et nisi c. Et est concordia talis scilicet quod praed ' R. I. recognouerÌ„ tertiam partem praedict ' cum pertinÌ„ esse ius ipsius H. vt ill ' quam idem H. habeat de dono praed ' R. I. Et ill ' remiserÌ„ quietÌ„ clamauerÌ„ de se heredibus ipsius I. pref H. hered ' suis imperpetuum Et praeterea ijdem R. I. concesserÌ„ pro se heredibus ipsius I. quod ipsi warrantÌ„ pref H. hered ' suis predictam tertiam partem cum pertinenÌ„ contra omnes homines imperpetuum Et pro hac c. A Fine of a personage exceeding the aduowson of the vicarage of the same parsonage PRaec ' c. ConÌ„ c. de Rectoria de T. cum pertinÌ„ exceptÌ„ Aduocatione Sect ' 53. vicarÌ„ ecclesiae de T. Et nisi c. Et est c. quod praedict ' A. recognÌ„ Rectoriam praed ' cum pertinÌ„ exceptÌ„ praeexceptÌ„ esse ius c. Et ill ' remis c. exceptÌ„ praeceptÌ„ Et praeterea idem c. concess pro se c. quod ipse warrantÌ„ pÌ„dict ' c. Rectoriam praedict ' cum ê‘tinÌ„ exceptÌ„ praeexceptÌ„ c. A writ of couenant brought by three against three of one manor 10. mesnages 8. cottages and of land meadow pasture moore and of rent EborÌ„ PRaec ' C. B. F. vxori eius quod tenÌ„ E. D. R. conÌ„ c. de Sect ' 54. manerio de S. cuÌ„ pertinÌ„ ac de x. messuag ' viij cotag ' CC. acrÌ„ terre CC. acrÌ„ prati 160. acrÌ„ pasture 300. acrÌ„ more vj. s. redd ' cuÌ„ pertinÌ„ in A. F. B. C. Et nisi fecerint c. A Concord with a Render for life to the husbaÌ„d and the wife being the conusors of parcel of manors and lands contained in the writ of Couenant the remainder to the first and second begotten sonne of the conusors in taile and to the heires males and for default of such issue then to the conusors in general taile and for default of such issue then to the right heires of the conusors for euer with graunt and render of x. mesuages c. residue of the same manor c. to the said conusors ET est Concordia talis scilicet quod praedictus T. F. recognÌ„ manerÌ„ Sect ' 55. tenementa redd ' praedict ' cum pertinÌ„ esse ius ipsius E. vt ill ' que ijdem E. R. habent de dono pÌ„dict ' T. F. Et illa remiserÌ„ quietÌ„ clamÌ„ de ipsis T. F. hered ' ipsius F. pref E. R. hered ' ipsius E. imperpetuum Et preterea ijdem T. F. concesserÌ„ pro se hered ' ipsius F. quod ipsi warrantÌ„ manerium tenÌ„ta redd ' cum pertinÌ„ pref E. R. hered ' ipsius E. contra ipsos T. F. hered ' ipsius F. imperpetuuÌ„ Et pro hac recognÌ„ c. ijdem E. R. concesserÌ„ pref T. F. manerÌ„ de S. pred' cuÌ„pertinÌ„ ac x. mesuag ' viij cotag ' 20. acrÌ„ terrÌ„ 20. acrÌ„ prati 160. acr ' pasture 300. acr ' more 6. solid ' redditus cum pertinÌ„ in A. F. predictis parcellas manerÌ„ tenementorum redd ' praedict ' Et ill ' eis reddiderÌ„ in eadem curia âœ¿ Habendum tenendum pref T. F. pro termino vitae ipsorum T. F. alterius eorum diutius viuent ' absque impetitione alicuius vasti Et quod post decessum praedict ' T. F. eoruÌ„ alterius diutius viuent ' praedict ' ê‘cell ' maner ' tenÌ„toruÌ„ redd ' praed ' cum pertinÌ„ remanÌ„ primogentio filio de corporibus praedict ' T. F. inter eos legitimÌ„ procreat ' hered ' mascul ' de corpore praedict ' primogenit ' filij legitime procreat ' Tenend ' c. âœ¿ Et si nullus heres de corpore ipsius primogeniti filij fuer ' legitime procreat ' praed ' parcell ' manerÌ„ tenÌ„toruÌ„ redditÌ„ pred' cum pertinÌ„ remanÌ„ secundo genito filio de corpore pÌ„dict ' T. F. inter eos legitime procreatÌ„ hered ' mascul ' de corpore dicti secundi geniti filij legitime procreatÌ„ Tenend ' c. âœ¿ Et si nullus heres de corpore ipsius secundi geniti filijfuerÌ„ legitime procreatÌ„ tunc pÌ„d ' parcell ' maneâ— tenÌ„torum redd ' praedict ' cum pertinenÌ„ remanÌ„ hered ' de corporibus pÌ„d ' T. F. inter eos legitimÌ„ procreatÌ„ Tenend ' c. Et si nullus heres de corporÌ„ ipsoruÌ„ T. F. inter eos fuerÌ„ legitime procreatÌ„ tunc praedict ' parcell ' manerÌ„ tenÌ„torum redd ' pÌ„d ' cum ê‘tinÌ„ remanerÌ„ inde rectis hered ' ipsorum T. F. imperpetuum Tenend ' c. Et vlterius ijdem E. R. concess praef T. F. deceÌ„ messuag ' c. cnm pertinÌ„ in B. C. praed ' residuum pÌ„d ' manerÌ„ tenÌ„torÌ„ redd ' praedict ' Et ill ' eis redd ' in eadem CurÌ„ A Fine of one acre of land homage rent and seruices SalopÌ„ PRaecipe E. T. armig ' quod teâ— N. P. conÌ„ de vna acrÌ„ terre Sect ' 56. quindecim solidos redÄ‘ cuÌ„ ê‘tinÌ„ in G. F. Et nisi c. Et est concordia talis scz quod praed ' E. T. recognouit praed ' acrÌ„ tÌ„re cum pertinentijs esse ius ipsius N. vt ill ' quam idem N. habeat de dono praed ' E. Et ill ' remisit quietÌ„ clamÌ„ de se heredibus suis pref N. heredibus suis imperpetum Et pÌ„d ' E. concessit pÌ„f. N. praed ' redditÌ„ simul cum homagio toto seruitio I. H. heredum suorum detot tenÌ„tis quot praed ' E. prius tenuit de F. praedict ' HabenÄ‘ percipienÄ‘ gaudenÄ‘ pÌ„d ' redditÌ„ simul cum homagio toto seruitio praed ' N. hered ' suis imperpetuum Et

A. vxor eius tenent ad terminum vite ipsius A. de hereditate predictÌ„ R. die quo hec concordia facta fuit et que post decessum ipsius A. ad praedict ' R. et heredes suos debuerunt reuertÌ„ integre post decessum ipsius A. ad pÌ„dictum G. et heredes suos remaneant Tenend ' c. âœ¿ Concesserunt etiam praedicti R. et A. quod praedictÌ„ ij messuag ' c. residua tenementorum praedictorum cum pertinentijs in N. praedict ' quae W. P. et D. vxor eius tenent ad terminum vitae ipsius D. de hereditate c. vt antea Et praeterea praedictÌ„ R. et A. et heredibus ipsius R. warrantÌ„ tenementa praedicta cum pertinentijs prefato G. et heredibus suis sicut dictum est contra praedictos R. et A. et heredes ipsius R. imperpetuum Et pro hac c. A Graunt to the cognisee and his wife and the heires of their two bodies with warranty in taile Ebor. ss PRaecipe H. F. genÌ„ quod iuste c. tenÌ„ H. W. et I. vxori eius Sect 79. conuenc ' c. de tenÌ„tis in S. Et nisi c. Â¶ Et est concordia talis scilicet quod praedictÌ„ H. F. concessit tenementÌ„ et redditÌ„ praedictÌ„ cum pertinentijs prefatÌ„ H. W. et I. Et ill ' eis reddidit in eadem curia Habend ' et tenend ' eisdem H. W. et I. et heredibus de corporÌ„ ipsorum H. W. et I. inter eos legitime procreatÌ„ Tenend ' c. Et praedictus H. F. et heredes sui warrantÌ„ praesatis H. W. et I. et heredibus de corpore ipsorum H. W. et I. inter eos legitime procreatÌ„ tenementÌ„ praedictÌ„ sicut dictum est contra omnes homines imperpetuum Et pro hac c. A graunt with a render backe againe for life without impeachment of wast diuers remainders in taile diuiding the lands Heref. ss PRaecipe N. B. et A. vxori eius quod tenÌ„ T. R. et R. G. Sect 80. conuenc ' c. de vno mesuag ' cum pertinÌ„ in E. c. Â¶ Et est concordia talis scilicet quod praedictÌ„ c. relaxac ' et warrantÌ„ c. Et pro hac c. ijdem T. R. concesserÌ„ prefato N. et A. tenementÌ„ praedictÌ„ cum pertinentijs Et ill ' eis reddiderunt in eadem curia HabenÄ‘ eisdem N. et A. tota vita ipsorum N. et A. et alterius eorum diutius viventÌ„ absque impetitione vasti tota vita ipsius A. TenenÄ‘ c. Et post decessum ipsorum N. et A. vnum messuagium c. cum pertinentijs in F. praedictÌ„ de tenementis praedictÌ„ parcell ' remanÌ„ T. B. vni filiorum praedictorum N. et A. et heredibus masculis de corpore praedictÌ„ T. legitime procreatÌ„ et tunc post decessum ipsius T. praedictÌ„ tenementtÌ„ de praedictÌ„ tenementis parcell ' integre remanÌ„ I. B. alteri filiorum praedictÌ„ N. et A. et hered ' mascul ' de corporÌ„ ipsius I. legitime procreatÌ„ TenenÄ‘ c. Et si contingat c. post decessum ipsius I. praedictÌ„ tenementÌ„ de praedict ' tenementis parcel ' integre remanÌ„ B. F. alteri filio praedict ' A. hered ' mascul ' de corpore praedict ' B. licite procreatÌ„ Tenend ' c. Et si contingat c. quod tunc tenementa praedict ' remanÌ„ to diuers others rectis heredibus praedict ' A. imperpetuum Tenend ' c. Et pÌ„terea pref T. R. concesserÌ„ quod post decessuÌ„ praedict ' N. B. A. vxoâ— eius 44. acrÌ„ terre duae acrÌ„ prati c. cum pertinenÌ„ in B. praed ' de pÌ„dictis tenement ' residua integre remanebunt praed ' B. F. haered ' be corpore suo legitime procreatÌ„ Tenend ' c. Et si conting at quod idem B. obierit sine herede de corpore suo legitime procreatÌ„ quod tuÌ„c post decessum ipsius B. praedict ' tenementa residua integre remanebunt praef T. F. heredibus assignatis suis imperpetuum A Fine to intaile lands to the heires of the body of the conusor of the body of I. C. her husband deceased with remainder ouer for default of such issue to the right heires of the said I. C. c. LeicestÌ„ ss PRaecipe I. C. armig ' quod tenÌ„ M. C. viduae conuenc ' de Sect ' 81. tribus messuag ' c. Â¶ Et est concordia talis scilicet quod praed ' I. concessir praedict ' M. pÌ„dict ' tenementÌ„ cum pertinentijs Et ill ' ei reddidit in eadem curia Habend ' tenend ' eidem M. hered ' de corpore ipsius M. de corpore I. C. nuper viri sui defuncti legitime procreatÌ„ de capital ' c. Et si contingat quod eadem M. obierit sine herede de corpore suo de corpore ipsius I. C legitime procreatÌ„ tunc post decessum ipsius M. praedicta tenÌ„ta cum pertinÌ„ integre remaneant rectis heredibus ipsius I. C. defuncti Tenend ' c. Et praed ' I. C. armig ' hered ' sui warrantÌ„ praed ' M. hered ' de corpore suo de corpore pÌ„dicti I. C. defuncti ac etiam rectis heredibus ipsius I. C. si eadem M. obierit sine haerede de corpore suo de corpore ipsius I. C. defuncti licite procreatÌ„ praed ' tenÌ„ta cum pertinÌ„ sicut dictum est contra praedictum C. armig ' heredes suos imperpetuuÌ„ Et pro hac c. A graunt 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 his wiues life to conuey her title to her husband Warw. ss PRaecipe T. Duci N. M. vxori eius quod tenÌ„ T. T. armÌ„ Sect ' 82. conuenc ' c. detenÌ„tis in W. Et nisi c. Â¶ Et est concordia talis scz quod praed ' Dux M. concess praed ' T. T. tenementa praedict ' cum pertinÌ„ quicquid idem Dux M. habent in tenementis praedictis cum pertinÌ„ ad terminum vitae ipsius M. Etill ' ei reddiderÌ„ in eadem curia Habend ' tenend ' eidem T. T. hered ' suis de capitalibus dnÌ„is feodi illius per seruitia que ad eadem tenementa cum pertinenÌ„ pertinent tota vita ipsius M. Et preterea ijdem T. M. concess prose quod ipsi warrantÌ„ pÌ„d ' T. T. heredibus suis tenÌ„ta praedict ' cum pertinenÌ„ contra omnes homines tota vita ipsius M. Et pro hac c. idem T. T. concessit tenementa praedict ' cum pertinentijs praefato Duci Et ill ' ei reddidit in eadem curia Habend ' tenend ' eadem tenÌ„ta cum pertinenÌ„ eidem Duci hered ' suis tota vita

tenant nor at his appearance nor vntill the plaintife pray execution And then the coment cosin heire is to be entred thus in the Roll onely Et praedictus I. dicit quod ipse est consanguineus haeres I. W. videlicet filius haeres T. W. fratris haeredis eiusdem I. W. 33. H. 6. 54. 41. E. 3. 13. 24. 8. H. 4. 31. In Scire facias by him in the remainder vpon an estate tayle vers A. Bastardy B. supposing the donee to be dead without issue if A. B. plead that he is issue to the donee and the plaintife replieth that he is a bastard it is a good replication 40. E. 3. 16. Scire facias vpon a fine leuied to T. R. and W. and to the heires of Vpon estate executed the bodie of R. the remainder to the right heires of the said W. T. died and R. died without issue and W. suruiued and died his heires need no Scire facias to execute this fine because it is executed in his life by the vnion of the fee and franktenement in W. 40. E. 3. 20. And so if a fine be leuied to baron feme and to W. and his heires he dieth and then the baron and feme do die the fine is executed for one moitie in the life of W. Fitz h. Scire fac ' 19. 42. E. 3. 9. 24. E. 3. 57. Tenant for life in Scire facias had ayde of him in remainder 41. E. 3. Aydâ— fol. 16. and 20. 22. E. 3. 12. In Formedon in Reuerter or Remainder the demandant must meÌ„cion Death shewed the death of euery one which had estate and suruiued his auncester But not so in a Scire facias sur fine 42. E. 3. 19. If the plaintife haue seuerall estates created by one fine needeth but Seuerall estates one writ of Scire fac ' 43. E. 3. 11. though it be of seuerall things against seuerall tenants 11. H. 4. 15. 21. E. 3. 14. 24. B. 3. 25. If in a Scire facias the Shirife cetorne the partie summoned and he Default appeare not execution shall be awarded 43. E. 3. 13. â— If a fine sur cognizance de droit come ceo c. be leuied of a reuersion Reuersion by the name of the land it is not executory 43. E. 3. 15. If the seruices escheat after a fine leuied of the seigniory the Cognizee Seigniory shall haue execution of the land escheated 48. E. 3. 11. A Scire fac ' lieth sometimes of things not comprised in the writ as Of things ouâ— of the writ if in a fine sur releas the Cognizee render rent in taile 49. E. 3. 8. If land be giuen by fine for life the remainder to baron feme in Execution by entrie of him in remainder tayle the baron dieth then the tenant for life dieth and the feme entreth the fine is execute so as their issue needeth no Sci. fac ' 49. E. 3. 12. Scire facias lieth for the donor in taile against any that abateth after Of a Reuersion the death of the donee in taile by fine without issue 22. E. 3. 12. Vpon general Nontenure pleaded the plaintife may take executioÌ„ at Nontenure general or special his peril But special Nontenure seemeth a good plea 7. H. 6. 25. A man shall not haue execution vpon nihil retorned because the tenant Nihil retorned may be summoned in the land demaunded 24. E. 3. 25. If a fine be leuied to husband and wife in taile the remainder to his Demy sank right heires they hauing issue the husband dieth the wife hath issue by another husband and dieth thissue by the first husband entreth and dieth without issue and his next heire entreth as into the remainder in fee against whom the issue by the second husband bringeth a Scire fac ' and recouereth by reason that the fee could neuer execute in possession in thelder brother during the state tailly 24. E. 3. 30. 62. Feoffement with warranty from the plaintifes auncestor is a good Feoffement plea in Scire facias vpon a fine 22. H. 6. 39. The heire shall haue his age in Scire fac ' ContrÌ„ WestmÌ„ 2. cap. 45. 24. E. 3. 29. 60. What fines with proclamations barre not thissue in taile NO fine leuied by tenant in taile barreth his issue maintenant but Sect. 180. where the tenant in taile is cognizor as if tenant in tayle bring a writ of Couenant against an Estranger and recognize the land to be the right of the tenant in taile as that which he hath of his gifte c. and the tenant in taile graunt and render the land to the cognizor for yeares yeelding rent c. die this fine is void against thissue in taile M. 10. 11. Eliz. Dyer f. 279. p. 7. 36. H. 8. Br. fines 118. A fine with proclamation leuied by tenant in taile the reuercion or remainder being in the king bindeth not thissue in tayle as it seemeth Br. fines 121. But if such lands weare entailed by the king such fine barreth not thissue in tayle 32. H. 8. ca. 36. If an EstrÌ„ leuie a fine to tenant in taile sur cognizanee de droit come ceo que il ad de son done and he render to him a rent in fee and die after proclamation yet thissue in taile may auoid it for he is remitted and the rent is another thing then the land 15. Eliz. Plo. fol. 435. b. per Thornton If tenant in tayle of an aduowson graunt and rendre by fine the nomination of the Clerke it is void 15. Eliz. Pl. f. 435. b. ê‘ Thornton If tenant in taile of a rent disseise the tenant of the land and leuie a fine with proclamacion of the land thissue in taile is not barred for the rent because the fine was not leuied of the rent but of the land per Thornton and granted 15. Eliz. Plo. f. 435. b. If tenant in taile graunt a rent by fine his issue may auoid it 15. Eliz. Plow 436. 14. ass p. 4. What time after a fine leuied and proclamation made any man hath to enter or claime by action or otherwise who are therby barred forthwith and who not Hetherto of the formes and execucion of fines now let see how they may be auoided TO know what time ê‘sons that haue cause to enter or claime may Sect. 181. enter or claime after a fine leuied many things are to be weyed for some ê‘sons haue more time some lesse for the discussing of which question we must not onely consider the qualitie of the persons which should claime or enter but also the qualitie of their rights and estates And the parsons be either such as are void of impediments or such as haue impediments And the same be either parties or priuies to the fine or estrangers to the same And againe they haue either present right or future

hath once affirmed of record in a Court of Record nor affirme that which he hath once denied of record in a Court of Record nor that whereof he wilfully estopped or excluded himselfe by deed indented or otherwise As if a daughter which is sole heire to her father sue liuerie with her bastard sister she is remedilesse by law D. S. lib. 1. cap. 19. If a thing be found by verdict against trueth before iudgement D. S. lib. 1. cap. 19. Where the cause of the law ceaseth the law also ceaseth in conscience As lessee for yeares recouereth by iudgement treble damages for a trespas of wast done by an estranger And he in the reuersion dieth before his action of wast be ended yet in conscience he ought to sue execution for his single damages for he had no more hurt thereby D. S. lib. 1. cap. 19. A Law grouÌ„ded vpon a false presumption is not to be holden in conscience D. S. lib. 1. cap. 19. Conscience may not preuaile against a lawfull Custome either generall or particuler As in discents of lands to the eldest sonne by the common Law to the yongest by Borough English and to al by Gauelkind D. S. lib. 1. cap. 19. So if a man without consideration make a deede of feoffement of two acres of land lying each in a seuerall Shire and make liuery of seisin in th one acre onely in the name of both that wherein liuerie of seisin was made onely passeth in law and conscience Doct. St. lib. 1. cap. 20. If one Iointenant of a wood sell the wood and keepe all the money receiued for it wholly to himself his fellow may haue remedy in Chancerie lib. 1. cap. 19. And so it seemeth if they were Iointenants in common or Coparceners of other things If a common person of his mere motion without other consideratioÌ„ make a feoffement of a manor without these words with the appurtenances he hath right onely to the demeanes and coÌ„mons and rents of the attournement but neither to Aduowson appendant nor villein regardant But in the Kings case notwithstanding the words with thappurtenances were in the graunt yet neither Aduowsons nor Villeines do passe either by Law or conscience vnlesse they be especially named D. S. Lib. 1. cap. 19. 6. E. 3. 286. Regist fol. 228. Fundamenta Legum fol. 70. 43. E. 3. 22. If a lease for yeares be reseruing rent with a clause of reentrie the rent is behind the lessor dieth before demaund the heire can neither enter by law nor consciâ—â—e Otherwise if he made a lawfull demaund thereof D. S. lib. 1. cap. 20. If tenant in Dower sow the land and die before the Corne be reaped hir executors shall haue the Corne but not the grasse nor other fruits D. S. Lib. 1. cap. 20. If tenant for life or tenant in taile after possibilitie of issue alien in fee he in the reuersion or remainder may enter and haue the land by the forfeiture in law and conscience D. S. Lib. 1. cap. 20. 45. E. 3. 3. Euery Law ordeined for the disposition of lands or goods contrarie neither to the Law of God nor to the Law of Reason bindeth in the Court of Conscience D. S. Lib. 1. cap. 20. Whether one of the age of xx yeares who hauing reason and wisdome to gouerne himselfe selleth his land for money and therewith buy other lands of better value and taketh the profits thereof may haue his first land againe in conscience as he may in law repaying the money which he receiued Yet seemeth he may because the contract is insufficient by reason of the infancy D. S. lib. 1. cap. 21. If a man sell his land by a sufficient and lawfull contract though he want liuerie or attournement or such other solempnities of the Law yet the sellor is compelable in the Chauncerie to performe the contract D. S. lib. 1. cap. 21. If the tenant for life impanelled on an Inquest loose issues die they are leuiable by law on him in the reuersioÌ„ And so be the husbands issues after his death vpon the wiues land and as it seemeth in Conscience for the necessitie of the execution of Iustice D. S. lib. 2. cap. 21. No man is bound in Conscience to pay the penaltie of a penall statute nor other penaltie vntill it be lawfully recouered against him D. S. lib. 1. cap. 23. If A. infeoffe B. in fee of land vpon condition that if he infeoffe any other that A. and his heires may enter this condition seemeth void in Law and Conscience because it is contrary to the Maximes of the law notwithstaÌ„ding thintent of the parties for thintent must be ordered by law if it be not it is void as by a feoffement of lands without recompence to A. for euer he hath estate for life onely for want of the woord heires And a Lease to A. his heires for xx yeares shall go to his executors because it is a chattel so by feoffement without recoÌ„pence to a man his wife a third person the husband wife take only the moitie because they are but one person in law D. S. lib. 1. cap. 24. A fine with proclamation no claime within v. yeres extinguisheth the right of all estrangers aswell of the parties by law And by Conscience also as it seemeth because thereby the right and title is made certaine and thereby the common wealth more quiet and it is not contrarie to Gods law Doct. St. 25. Common recouery with vouchers vpon writs of Entre orderly pursued and no recouery in value to be had in deed barre thissue in taile in law 23. H. 8. Br. Taile 23. 14. E. 4. 14. 19. 13. E. 4. 1. And in conscience as it seemeth for as the intailes are made by law West 2. ca. 1. euen so by law may they be adnulled And such Lawes as concerne right or propertie to things and be not contrarie to the lawes of God or of reason are good in conscience D. S. lib. 1. cap. 6. If a disseisor giue the lands to I. S. in taile he graunteth vnto the disseisee rent out of the same lands in consideration wherof the disseisee releaseth his right this graunt bindeth the issue in taile for euer in law and conscience because this release doth confirme his estate which the disseisee might else haue defeated D. S. Lib. 1. cap. 27. 44. E. 3. 22. If the bodie of a debtor that hath nothing be by iudgement imprisoned vntill he pay his debt hee seemeth remedylesse in Conscience D. S. lib. 1. cap. 29. A recouerie with vouchers of an annuitie intailed bindeth thissue in taile neither in law nor conscience because a writ of Entre doth not lie for an Annuity nor any other writ then only a writ of Annuity against the person of the grantor or his heire hauing assets by discent Or against a Corporation if it be graunted to be perceiued out of their cofers for that an Annuitie is no freehold in

in 3. partes deuided of 8. acres of land c. 35 Of a personage impropriate 36 Of a mannor of rent and free foldage for sheepe 37 A writte of Couenant of diuers seuerall things 37 A writ of couenant of Tithes 38 A writ oâ— couenant of the Scite of a Monastery 39 A writ of couenant of diuers things 40 A writ of couenant of Dismes and Tithes 41 A writ of couenant of a personage c. 42 A Releas by fine of one to two 43 A fine vpon cognizaunce de droit by the husband and wife to two 44 by Baron and feme and an other 45 Of a parcell in reuersion by a copercener 46. Of a mannor to an Archbushop and an other 47 A concord from 2. to 1. with special warrantie 48 Vpon cognizaÌ„ce of right as that c. with releas and warrantie by c. 49 A concord of many things together sur cognizance de droit come ceo c. 50 A fine of a rent 51 Of the third part of a rent 52 A praecipe with an exceptioÌ„ of some parcels 53 A writ of couenant brought by 3. against 3 of a mannor c. 54 A concord with a â—ender for life the remÌ„ to the 1. 2. c. sons of the cognisor 55 A fine of homage rent and seruices 56 Of a mannor knights fees seruices 57 An old fine in fraÌ„â—kalmoâ—gne before Iustices in Eâ—re 58 A fine of lands in the countie Palantine of Lancaster 59 A lease for yeares reseruing a rent by graunt 60 A lease for yeares rendring rent with a render and a distresse 61 A lease for yeeres sauing the reuercion 62 A lease by tenant for life for 21. yeares if she liue so long 63 A lease for 21. yeeres c reseruing a rent the cognisees grauÌ„t back the samâ— reuersion and rent 64 A fine of a remÌ„ for yeeres reseruing rent c. 65 A lease in reuercion paying a rent 66 A lease to diuers for yeeres if the parties liue so long reseruing a rent and c. 67 A lease reseruing rent with a nomine penae and a distrâ—sse 68 A fine with graunt and render for life without impeachment of wast and for c. 69 A render for life with diuers remainders ouer 70 A lease for life with remÌ„ ouer 71 A fine of landes bought by the husband which are regraunted by him to the Cognizors for his wifes life 72 A concord of diuers tenements rents Rectory and aduowson with the moity of a mill 73 A Fine of a fourth part to two 74 Of landes parte in posâ—ession and parte in Reuercion of a third part for c. 75 Graunt and render of a reuercion of a moytie 76 A render to the Cognisor for one weeke remainder to a straunger for life remainder to his wife for life vpon condicion with diuers remainders ouer 77 A fine of two reuersions 78 To the cognisee and his wife in speciall tayle with warrantie in tayle 79 A grant with a reÌ„der back againe for life with remainder in tayle diuiding the landes 80 A Fine to entayle lands to the heires of one deceased 81 A graunt to the Cognizee ' for lyfe of the tenant for lyfe with waâ—â— antie a render to the Cognisor for his wiues life to conuey her title to her husbaÌ„d 82 A Fine of a moytie of diuers thinges in possession and of a reuercion in fee. 83 A graunt of lands to two who render to the Conusor in taile the remainder to the Queene and her Successors 84 A graunt of landes in tayle to be holden of the grauntor in Socage 85 A graunt of landes in tayle to be holden of the grauntor by suite of Court and vâ— s. rent 86 A Fine sur releas of knights seruice â—astle garde and murage vpon a writ of customes and seruices 87 Of a mannor in possession and other laÌ„ds in reuereion 88 Of lands part in possession and part in reuercion with a render againe to the conusor and there heires 89 For a reuercion of a rent 90 A concorde of a reuercion for a rent 91 Of rent seruice 92 The husbande and wife sell the wiues iointure absolutely to him in reuercion 93 Tenant for lyfe maketh a lease reseruing a rent during her life 24 A Fine of a Reuercion 95 A Fine of a rent graunted for life with a clause of distresse for the same 96 Of seuerall rents graunted out of a mannor 97 Of a rent with a nomine penae 98 A Fine in fee farme yeelding a rent with a distresse 99 A Fine in fee farme rendring rent suit of court herriot after decease recease and alâ—enacion 100 A Fine in fee farme rendring a rent with a nomine penae 101 By the husband and wife to the husband and wife with render 102 A writte of Couenant for the Queene 103 âœ¿ A Fine of diuers things with warrantie against all men 104 âœ¿ A Fine with generall warrantie with a regraunt and render of the premisses by the conusees to the conusors 105 âœ¿ A Fine with generall warrantie from the conusors of two partes in 3. partes deuided of dâ—uers seueral parcels 106 âœ¿ A Fine with generall waâ—rantie with graunt and render by the conusees to one of the conusors of parcell of the premiss with diuers remÌ„ ouer of other parcels reseruing a reÌ„t with a clause of distresâ—e for non payment 107 âœ¿ A fine with warrantie with graunt and render of all mines of coales with libertie to digge 108 âœ¿ Of the 3. part of seueral things with generall warrantie for life rendring rent with a clause of distres with a grant render of the reuercion in fee. 109 âœ¿ Of a maÌ„nor with a regrant of xij li. out of the same mannor and afterwards of the whole mannor in fee. 110 âœ¿ Of diuers things with warraÌ„tie against the conusor and his wife and the heirs of the husband 111 âœ¿ A Fine with two seuerall warranties 112 âœ¿ A Fine of diuers thinges with generall warrantie 113 âœ¿ With generall warrantie in generall taile and for default of heire male to diuers others of the name and kindred of the conusor 114 âœ¿ A Fine knowledged before the Iustices of Chester of diuers things with warrantie 115 âœ¿ By an Earle his wife of diuers things 116 âœ¿ With graunt and render to the wife of one of the conusors for yeeres reÌ„dring rent with a clause of distres with a grâ—t afterwards of the reuercion in fee. 117 âœ¿ By 2. to 1. with generall warrantie 118 âœ¿ Of diuers thinges with seuerall warrÌ„ 119 âœ¿ A Fine to 2. of diuers things with warrÌ„ 120 âœ¿ By 2. husbands and their wiues with seuerall warrÌ„ 121 âœ¿ By the husband and the wife of diuers things with warrantie 122 âœ¿ Of a rent issuing out of diuers mannors 123 âœ¿ A fine with grant and render for yeâ—res to beginne at a time to come reseruing a rent with a graunt of the reuercion to c. 124 âœ¿ A Fine of

diuers things with warrantie in consideracion of a rent with a clause of distresse c. 125 âœ¿ Of the 3. parte of a rent with warrantie 126 âœ¿ Of the 3. part of certaine land by these words Concesserunt reddiderunt 127 âœ¿ A Fine with general warrantie of an estate pur aut vie after whose death the land is to reuert to the conusor 128 âœ¿ Of diuers things to a PresideÌ„t schollers of a Colledge with waâ—ranty 129 âœ¿ With warraÌ„tie against the conusors the heires of the husband 130 âœ¿ Of diuers things with general warraâ—tie 131 âœ¿ Of the 3. part of diuers things with generall waâ—rantie 132 âœ¿ By the husband and the wiâ—e of diuers things with generall warrantie 133 âœ¿ The order of taking the knowledge of a Fine by Dedimus potestatem fol. 37. b âœ¿ A Fine with generall warrantie with a graunt and render to one of the conusors for 7. daies with a remainder for life to a straunger the reuercion after to the said conusor in fee. 134 âœ¿ By the husband and the wife of diuers things with generall warrantie 135 âœ¿ A Fine before the Iustices of the Common pleas at Westminster with generall warrantie 136 âœ¿ A Fine with warrantie against the conusor and his heires 137 âœ¿ The engrossement of the Fine before as it is vpon Record 138 âœ¿ A Fine with generall warrantie with a graunt and render for certaine termes and after to remaine ro the conusor in fee. 139 âœ¿ A Fine with generall warrantie with a grauÌ„t of the conusee for life the reuercion to the conusor in fee. 140 âœ¿ Of a Rent with generall warrantie 141 âœ¿ A Fine with generall warrantie in consideration of an Annuitie imposing a payne for the non payment thereof 142 âœ¿ A Fine of lande to holde by Knights seruice and rent with generall warrantie 143 âœ¿ A Fine of a mannor reciting c. with warrantie against the Conusors during c. 144 âœ¿ A Fine with warrantie in consideration whereof the conusee regraunts the premisses for a certaine tearme after the ende whereof the premisses are to remayne to the Conusee in fee. 145 âœ¿ The taking of the knowledge of the fine fol. 41. a âœ¿ Notes to bee obserued in fines fol. 41. a âœ¿ A fine of diuers things with render to the conusors for life and with diuers remainders ouer after theâ— death in generall tayle for default of issue â—o the c. 146 Adiunctes of Concordes 147 A licence of alienacion of landes holden in capite 148 A licence to alien in Mortmaine 149 A Quod permittat finem leuari 150 The writ of Ad quod damnum 151 Of a Pardon for alienacion 152 Of the Dedimus potestatem to take recognizance of a fine 153 The Dedimusâ— potestatem thereof fol. 44. a The Praecipe and Concord which mâ—st be filed to the Dedimus potestatem fol. 44. b Of the Queenes siluer 154 Obseruations necessarie at the knowledging of fines 155 How and when cognisaunces of fines must be certified and what may hinder the same 156 Of thinrollement of writtes of couenant Dedimus potestatem and knowledges thereupon which is tearmed the foote of the fine 157 Of the Note of the fine 158 Quid Iuris clamat 159 What persons may obtayne attournement by Quid Iuris clamat and what not 160 What persons bee compelable to atturne in a Quid Iuris clamat and what not 161 What pleas will barre the plaintife of atturnement 162 What processe will lie in a Quid iuris clamat 163 The manner of the writte in a Quid iuris clamat 164 The distresse in a Quid Iuris clamat fol. 49. b. Diuers formes of Entries if the parties appeare after the daie of the returâ—e fol. 49. b Atturney in Quid Iuris clamat 165 The writ of Quem redditum reddit 166 The writ of Per quaeseruiâ—ia 167 Vpon whose alienation the tenant is not compelâ—ble to atturne 168 Against whom a Per quaeseruitia lieth whom not 169 Of the ingrossing of fines 170 Of the tabling of fines ingrossed 171 How many Proclamacions are to bee made vpon fines and when 172 Of Proclamacions of fines at the assises and generall Sessions how they must be certified 173 Of the Inrolement of al the partes of fines after the ingrossing thereof proclamacions passed 174 Of the Exemplification of the partes of fines inrolled 175 How Fines executory bee executed 176 The manner of execucion of fines by writte 177 Of exccucion of Fines by Scire facias 178 Certayne cases of the nature and forme of a Scire facias vpon a fine 179 What fines with proclamacions barre the issue in tayle 180 What time after a fine leuied and Proclamacion made any man hath to enter or clayme by action or otherwise and who are thereby barred and who not 181 How priuies in blood are bounde in fines 182 Of Estraungers hauing present right and no impediment 183 Of Estraungers hauing present right and impediments 184 Of Estraungers hauing diuers defectes 185 Of Estraungers without impediments haue future right for cause precedent 186 Of Estraungers with impediment hauing future right 187 Of Estraungers hauing no right before the Fine 188 Of EstraÌ„gers hauing diuers future rights by diuerse titles 189 Estrangers to fines hauing neyther preseÌ„t nor future right to the tenements in the fine at the leuying therof but onely vnto rents common c. issuing out of the same 190 Pleas to auoid Fines 191 Of a writ of Error 192 Of a Certiorari 193 A Mittimus of the transcript of a fine out of the Chauncerie into the Common place 194 A Mittimus 195 A Mittimus for the foote of a fine fol. 72. b Whether any but he which reuerseth a fine may take benefit thereby 196 A writte of Warrantia chartae 197 Recoueries OF Recoueries for assurances commonly called Common or feigned Recoueries Sect. 1 Of what thinges writtes of Entre may be brought and by what names 2 Of what things a writ of Entre lieth not 3 A Certiorari to the Executor of the Iustice before whom the warrants were acknowledged 4 A recouery with single voucher 5 A recouery with double voucher 6 A recouery with treble voucher 7 A recouery of an Aduowson 8 All the partes of a recouerie in a writ of Right de Praecipe in capite exemplified 9 Remissio Curiae in breui de Recto 10 The Exemplification of a recouerie inrolled according to the Statute of 23. Eliz. cap. 3. 11 Perdon alienÌ„ super teâ—â— per breue de ingressu recuperatÌ„ 12 Exemplificacion of a recouerie with double voucher out of the Prothonataries office 13 An other of the like effect 14 A Dedimus potestateÌ„ to take knowledge of a warrant of Atturney of the vouchee 15 The manner of the returne fol. 83. a A Dedimus potestatem de attornatÌ„ rec in breui de ingressu super disseisinam in â—e post pro tenenâ— 16 The manner of the Returne fol. 83. a Aliud

Fines may be leuied ANd touching the things whereof fines are leuiable we are first to Sect 25. consider the nature of the things themselues whether they will passe in fines or no And then of their names by which they may passe or not And howe they may bee in order placed in the writs Fines therefore may be leuied of all things inheritable being in Esse tempore finis aâ—d certainly expressed in the writs 18. E. 4. 22. as de messuagio tofto columbario gardino terra prato pastura bosco subbosco bruera mora iuncaria marisco alneto ruscaria redditu per Registrum fol. 2. a de Rectoria Ecclesiae parochialis de M. ac de decimis granorum garbarum foeni eidem Rectorie spectantÌ„ c. or cum omnibus decimis granorum garbarum foeni eidem Rectoriae spectantÌ„ Thel Lib. 8. cap. 9. Sect 2. de Rectoria 2. E. 3. de furlongo terre 4. H. 6. 14. de passagio vltra aquam de T. de pastura ad certos boues oâ—es alia aueria ac de communia pro omnibus animalibus vel pro omâ—â—modis auerijs vel de libera piscaria libera warrenna vel de Aduocatione Ecclesiae de D. vel de aliquo seruitio speciali vt de seruitio vnius feâ—di Militis vnius paris Calcarium deauratorum vel de seruitio inueniendi hominem equitem vel peditem ad eundem vel ad equitandum cum le Cognisee in exercitu Walliae vel Scotiae c. de Piscaria 13. E. 3. de officio 27. H. 8. fol. 12. de proficuis officij 12. E. 3. de Aduocatione Reg. fol. 165. de Corodio 18. H. 6. fol. 20. 4. E. 4. 6. de chiminio 2. E. 3. fol. 49. de proficuo molendini 18. E. 3. fo 56. de libero redditu in breui and in the concord Quod predictus A. recognÌ„ praedict ' redditum cum pertinenÌ„ simul cum homagio fidelitate B. C. haeredum suorum de totis tenÌ„tis quae c. 1. E. 3. fo 1. et 5. de frankfold ' 1. E. â— fo 1. de Nundinis Mercatu 1. E. 3. fol. 4. de franchisia 1. E. 3. fol. 4. de Minera plumbi cuiuscunque geneis metalli cum pertinenÌ„ c. Reg. fol. 165. de decimis garbarum ad Ecclesiam de N. qualiterâ—unqâ—e spectantÌ„ Reg. fol. 165. de Aduocatione tertiae partis Ecclesiae c. or detertia parte aduocationis Ecclesiae or de meditate aduocatiâ—â—is Ecclesiae or de aduocatione medietatis Ecclesiae 45. E. 3. 12. 33. H. 6. fol. 11. de Communia 4. E. 4. 6. de caruca terre de pastura ad cenâ—â—â—ues de homagio de feodo Militis Reg. fol. 166. 167. And a fine may be of a Rent charge which had no being before 21. E. 3. 44. Or of a chiefe rent or other rent in bâ—ing 18. E. 4. 22. Or of a Seigniory 48. E. 3. 23. Or of an acquitaile 50. E. 3. 23. Or of a Chauntrie 38. E. 3. 33. And of many other things may fines be leuied And as fines may be leuied of things in possession so may they be leuied of a Remainder or Reuersion 42. E. 3. 7. 44. E. 3. 45. And a Reuersion or a Remainder wil passe by the name of the lands 43. E. 3. 22. But where a fine is of a reuersion or a remainder it behoueth the cognisee Of a reuersion or remainder to sue a Quid iâ—ris clamat against the tenant When it is of rent a writ Quem redditum reddiâ— And where of a Seigniorie or seruices Per que seruitia to compell the tenant to attourne as shall be shewed hereafter Fines may be leuied of th inheritance or freehold of parsonages vicarages Of Ecclesiastical lands madâ— temporal porcions pensions tithes oblations or any other Ecclesiasticall profit made temporall and admitted to abide in temporall handes and lay vses by the lawes and statutes of this Realme of England 32. H. 8. cap. 7. And to conclude fines be leuyable of all things whereof a Precipe qd ' reddat lyeth as will appeare by the examples following And landes bought of diuers persons may passe in one fine and then Of diuersâ— purchaseâ— the writ of Couenant must be brought by all the vendees against all the vendors And euery vendor must warrant against him and his heires onely for it is absurd that one man should warrant the sale of an other without consideration And such ioint fines seeme reasonable especially where the seuerall purchases be of so smal value as the charges of a fine would exceed the value of some of them But fines may not be leuied of things incertaine as de tenemento Incerteinty Tenement 3. E. 4. 19. 11. H. 7. 25. 12. H 7. 6. 47. E. 3. Nor of lands giuen in taile by the king for it is void against the issue Taile by the King entaile and the king 32. H. 8. cap. 36. Br. Fines 121. Nor of lands restrained from being sold by act of Parliament 32. H. Restraint 8. cap. 36. Nor of lands of the husband or of his auÌ„cestors assured for Iointure Dower Ioiture Forfeiturâ— dower or in taile to any woman by meanes of her husbande or his auncestors for such fine worketh a present forfeiture of her estate if she graÌ„t a greater estate then for her life 11. H. 7. cap. 20. Plow fol. 459. Nor of lands seised into the kings hands before Liuery or Ouster le Lands seised maine â—â—ed 24. E. 3. 65. Nor of lands in AuÌ„cient demesne for if any fine be leuied of such laÌ„ds Auncient demesne it may be reuersed by a writ of Disceit brought by the Lord of Auncient demesne therby he shal be restored to his seigniory and it seemeth to be void betweene the parties quia coram non Iudice 7. H. 4. 44. 8. H. 4. 23. 21. E. 3. 20. Reg. fol. 13. b. de Fine adnullando c. Yet it is holden good to bind the parties 17. E. 3. 31. and 7. H. 4. Br. Fines 101. which seemeth not to be law But if such fines be of lands in Auncient demesne and of lands at the Auncient demesne and lay fee. common law it shal be still good for the lands at the common law 7. H. 4. 44. 21. E. 3. 20. By what names things may passe in Fines NOw that we haue partly set downe what may passe in fines let vs Sect 26. Names see by what names the same may passe An Honor this may passe by the name of a Manor or by his proper name as de honore de Tickhill or de manerio de Tickhill It suffiseth also to demaund a Manor by his proper name without naming A Manor of the Towne wherein it lyeth For it may be out of any towne or extend into seueral townes counties as de manerio de D. cum pertinÌ„ yet it feemeth best to expresse

things excepted must succeede those things out of Things excepted which they be excepted And if there be diuers parcels in one writ that parcel out of which thexception is to be made ought to be last placed RegistrÌ„ fol. 6. as de manerio de D. cum pertinÌ„ in C. excepto vno mesuagio duabus acris terre aduocatione Ecclesie de C. c. And euery thing excepted ought to be certainly named It needeth Pertinencie not to say cum pertinÌ„ after the thing excepted 40. E. 3. 25. And thexception must alwaies be of such things wherof the writ wil lie and be mencioned therein Plowd fol. 362. a 362. b 370. a RegistrÌ„ fol. 228. 229. of which for the present view thensample ensuing videlicet Praecipe A. B. quod teneat C. D. conuenc ' c. de vno mesuagio vno cotagio medietate vnius mesuagij decem acrarum terrae cum pertinÌ„ excepta vna acra terrae in N. c. And finally the forme order of placing the particulers in a writ of Regula Couenant is in all things as in a Praecipe quod reddat of lands And further obserue the rule of the Register fol. 2. which partly appeareth in these Verses ensuing suagium tum lendinum umbare dinuÌ„ ra tum tura cus ra Regula Mes tof mol col gar ter pra pas bos brue mora ria cus tum caria ditus Iunca maris alne rus red sectare priora The writ of Couenant must beare Teste before the writ of Dedimus Writ potestatem 35. H. 8. Br. Fines 116. Of Adiuncts proper to the writs whereof Fines be leuied OF Adiuncts proper to writs of Couenant and other writs vpon Sect. 29. which fines be vsually leuied some be internall Adiuncts and some externall AdiuÌ„cts internall be the days of returne and the date or Teste of the Adiuncts internal writ which be also common to other writs In the Returne it is to be obserued that there be xv dayes at the Returne least betweene the Teste and the day limited for the returne thereof 12. E. 4. 11. The Teste or date must not be vpon any Sunday or other festiuall Teste day which is not dies iuridicus in Court External Adiuncts to writs be the writing the Latin the affidauit Externall or composition the signing and the paiment of the fine and returning which be in like maner common to other writs Touching the writing thereof it is meete to be faire written without Writing rasing or interlining of any principall matter therein for such rasing Rasing Interlining False Latin or interlining will ouerthrow the writ in some cases 45. E. 3. 18. Also it behoueth that there be no false Latin in any such writs 7. H. 6. 34. And therfore such writs should heedfully be examined twise or thrise Examination of Writs ouer for feare of errors The forme vsed in the returning of such writs wil appeare amongst Returnes the presidents for the returnes are nothing else but the Shirifes answeres touching that they are commaunded to do by the same writs Vpon what writs fines may be leuied For so much as no fine can be leuied but upon some originall writ Originals Stat. de Finibus 18. Edw. 1. we are now to consider vpon what original writs fines are leuiable A writ of Couenant is the most vsuall writ whereuâ—oÌ„ fines are leuied Couenant Fitz. Nat. bre fol. 146. f. 35. H. 8. Br. Fines 116. Carliel St. 15. E. 2. Yet may fines be leuied vpon a writ Warrantia cartae 18. E. 4. 22. Warrantia cartae Mesne Customes seruices Carliel St. 15. E. 2. Or vpon a writ of Mesne 18. E. 4. 2. Or vpon a writ de Consuetudinibus Seruitijs 22. Ass p. 37. Pasc 14. Eliz. Dyerfol 179. pla 46. Or vpon any writs of Right 7. E. 3. fo 335. Plow fol. 358. Right Without original Yet Tremayle Iustice holdeth that if in a Praecipe quod reddat against the tenant for life which maketh default after default he in the reuersion or remainder be receyued a fine may be leuied of the land betweene the demaundant and him in the reuersion or remainder Ideo Quaere 21. E. 4. 4. A fine may be vpon a writ Quod permittat habere chiminum vltra Quod permittat terram le Cognizor 2. E. 3. 19. Fitzh Fines 102. The seuerall formes of Concordes A Concord is the verie agreement betweene the parties how the Sect. 30. lands shall passe in the forme whereof many things are to be regarded As if it be single whether it be sur cognizance de droit come ceo que il ad de son done Or sur graunt done releas or confirmation Or if it be a double fine with a render what estates are to be created thereby and of the reseruation of Rents nomine penae and clause of distresse and seruices with the clause of warrantie For which it is to be noted that when a fine is leuied to diuers Cognizees the right shal be limited to one of them onely and thestate limited to his heires onely whose right it is knowledged to be 3. H. 6. 42. 21. E. 3. 33. 43. E. 3. 11 24. E. 3 64. as this Et est Concordia talis scilicet quod pÌ„dictus A. cognÌ„ tenÌ„tÌ„ praedict ' cum pertinÌ„ esse ius ipsius B. vt ill ' quae ijdem B. C. heÌ„nt de dono praed ' A. Et ill ' remisit quietÌ„ clamÌ„ de se haeredibus suis praefatis B. C. haeredibus ipsius B. c. But the kings tenant in Capite may knowledge the right of his lands to be in diuers for the kings benefit in hauing many such tenants in Capite 7. H. 7. 4. And likewise the releas and warrantie must be from the heirs of one of the Cognizors 44. E. 3. 21. for in a fine from diuers the fee must be supposed to be in one of them onely 21. E. 3. 33. In a fine sur graunt and render none can take the first estate vpoÌ„ the render but some of the Cognizors but Reuersions or Remainders any estranger may take For if A. knowledge a fine to B. and B. render to the said A. Habendum sibi E. vxori eius and the heires of theri bodies c. by this fine E. must haue none estate because she is not named in the writ 24. E. 3. 28. 30. H. 8. Br. Fines 108. 7. E. 3. 64. And a man cannot by fine by way of remainder reserue a lesse estate to himselfe then fee And therefore if A. knowledge a fine to B. in fee and he rendre to A. in taile the remainder to himselfe for life this remainder is void for A. had fee simple before 24. E. 3. 28. 14. H. 4. 31. And a Concord cannot be of any other thing then is conteyned in the writ of Couenant and not of a

praedict ' M. Tenend ' vt supra A Fine of the moity of manors messuages land meadow pasture wood linge and heath more marishe and rent the aduowson of the moity of a Church the aduowson of the moity of a Monasterie or priory in possession and reuersion in fee. HEc est finalis concordia fact ' in Curia dnÌ„ae Reginae apud WestmonasterÌ„ sect ' 83. in crastino sanctae Trinitatis Anno regni Eliz. dei gratia Angliae Francie HibernÌ„ Reginae fidei defens c. a conquestu tricesimo fecundo coram E. A. c Iustic ' alijs dominae Reginae fidelibus tunc ibi presentibus intÌ„ A. M. L. H. querÌ„ T. N. I. vxoreÌ„ eius vnam consanguinearum hereduÌ„ R. E. deforc ' de medietate mancriorum de W. R. cum pertineÌ„tijs ac de medietate octaginta messuag ' 40. acrÌ„ terrÌ„ 300. acrÌ„ prati 50. acrÌ„ pasturÌ„ 100. acrÌ„ bosci 30. acrÌ„ iampnorum bruere 160. acrÌ„ more 200. acrÌ„ marisci viginti solid orÌ„ redditus cum pertinÌ„ in W. R. W. P. T. c. Necnon de Aduo catione medietatÌ„ ecclesiarum de E. W. P. R. ac etiam de aduocationÌ„ medietatÌ„ Monasterij siue Prioratus de L. vnde placitum conuentionis summÌ„ fuit inter eos in eadem curia Scilicet quod praedict ' T. I. recognÌ„ praedictas medietates cum pertinentijs ac aduocationes praedictas esse ius ipsius A. de quibus ijdem A. L. habent de dono medietatem praed ' manerij de R. cum pertinÌ„ Necnon medietatem octoginta messuag ' 260. acrÌ„ terre 100. acrÌ„ prati 300. acrÌ„ pasturÌ„ 80. acrÌ„ bosci 200. acrÌ„ iampnorum bruere 140. acrÌ„ marisci 100. acrÌ„ more vj. li. vj. s. redditÌ„ cuÌ„ pertinÌ„ in R. T. H. c. Ac etiaÌ„ aduocationÌ„ medietatis ecclesiae de R. ac aduocac ' medietatÌ„ Monasterij siue Prioratus de L. pcell ' medietatis maneâ— tenementorum reddituum aduocatÌ„ praedictarÌ„ de dono praedictoruÌ„ T. I. âœ¿ Et ill ' remiserÌ„ quiete clamÌ„ de ipsis T. I. hered ' ipsius I. pÌ„dictis A. L. hered ' ipsius A. imperpetuum Et preterea ijdem T. I. concesserunt pro se heredibus ipsius I. quod medietas manerij de W. ac medietas 30. messuagioâ— 150. acrarum terre centum acrarum prati c. cum pertinentijs in W. P. E. W. praed ' ac aduocationes medietatis ecclesiarum de P. E. W. pred' resid ' medietatis maneriorum tenementorum redditu aduocac ' praedict ' que E. E. tenet ad terminum vite sue de hereditate praedictae I. die quo hec concordia facta fuit que post decessum ipsius E. E. ad predict ' T. I. hered ' ipsius I. debuerunt reuerterÌ„ post decess ipsius E. E. integre remaneant praed ' A. L. hered ' ipsius A. âœ¿ Tenend ' simul cum praedict ' medietate aduocatione que eis per finem istum remanent de capitalibus dnÌ„is feodi illius per seruitia que ad illas medietates aduocac ' pertinent imperpetuuÌ„ Et praed ' T. I. hered ' ipsius I. warrantÌ„ praed ' A. L. hered ' ipsius A. praedictas medietates cum pertineÌ„tijs ac aduocationes praedictas sicut praedictum est contra omnes homines imperpetuum âœ¿ Et pro hac recognitione remissione quieta clamatione warraÌ„tÌ„ fine concordia ijdem A. L. concesserunt praedictis T. I. praedict ' medietatem manerij de R. medietatem praedictorÌ„ tenÌ„torÌ„ cum pertinÌ„ in R. T. H. c. praedict ' Necnon a duocationem medietatis ecclesiae de R. predict ' ac aduocationem medietatis Monasterij siue Prioratus de L. pÌ„dict ' Et illas eis red diderunt in eadem curia Habend ' tenend ' eisdeÌ„ T. I. here d'ipsius I. de Capitalibus dominis feodi illius per seruitia que ad illas medietates aduocationes pertinent imperpetuum âœ¿ Et concesserunt etiam praed ' A. L. praedict ' medietatem manerij de W. cum pertinÌ„ ac praedict ' medietateÌ„ tenÌ„tÌ„ cum pertinÌ„ in W. P. E. c. pÌ„d ' pref T. I. Et illas etiam reddiderunt in eadem curia Habend ' tenend ' immediate post mortem pÌ„d ' E. E. eisdem T. I. hered ' ipsius I. de capitalibus dnÌ„is feo di illius per seruitia que ad illam medietatem aduocationem pertinent imperpetuum A graunt of lands by fine to two who render to the cognisor in generaltaile for default of such issue to R. T. in general taile the remainder to the Queenes Maiestie her heires and successors for euer ET est concordia c. quod praed ' A. recognÌ„ tenÌ„tÌ„ praed ' cum pertinÌ„ Sect ' 84. esse ius ipsius I. vt ill ' que ijdem I. D. habent de dono praedict ' A. Et ill ' remisit c. Et pro hac c. ijdem I. D. concesserÌ„ praefatÌ„ A. tenementÌ„ praedictÌ„ cum pertinenÌ„ Et ill ' ei reddid ' in eadem curia HabenÄ‘ tenend ' eidem A. heredibus de corpore ipsius A. legitime procreatÌ„ pro defectu talis exitus tunc tenementÌ„ praedict ' cum pertinentijs integre remaneant hered ' de corpore R. T. alij praedict ' A. here dibus de corpore eorum legitime procreatÌ„ Et pro defectu talis exitÌ„ tunc tenementÌ„ predict ' cum pertinentijs remaneant dominae Elizabethae nuÌ„c Reginae Angliae Franciae et Hiberniae hered ' et successoribus suis imperpetuum c. A graunt of landes in general taile to be holden of the grauntor in Socage with diuers remainders ouer in taile with warranty against all men Essex ss PRaecipe s. B. agmÌ„ qd ' tenÌ„ W. S. coÌ„uenc ' de iij. messuag ' Sect ' 85. c. cum pertinÌ„ in C. Et nisi c. Â¶ Et est concordia talis scilicet quod predict ' S. concessit prefato W. tenementa praedict ' cum pertinentijs illa ei reddidit in eadem curia Habend ' tenend ' eidem W. hered ' de corpore suo legitime procreatÌ„ de praedict ' S. hered ' suis in Socagio per fidelitarem tantuÌ„ pro omnibus seruitijs demandis que ad praedict ' tenementa pertineÌ„t imperpetuum Et si contingat quod idem W. obierit sine hered ' de corporÌ„ suo legitime procreatÌ„ tunc post decessum ipsius W. tenÌ„ta praedict ' cum pertinentijs integre remane bunt I. S. Auo praedict ' W. et hered ' de corpore ipsius I. legitime procreatÌ„ TenenÄ‘ vt antea Et si nullus heres de corpore ipsius l. fuerÌ„ legitime proc ' tunc praedict ' tenÌ„ta cum pertinenÌ„ integre reuertent ad praedict ' S.

knowledge a fine and before Feme the returne thereof marry this fine may be certified engrossed as of a feme sole because the taking of her husband after the fine knowledged is her owne voluntarie act and such fine shall barre her and her heires for euer Dyer fo 246. pl. 68. Mich. 7. 8. Eliz. Euery writ of Dedimus potesâ—atem to spiritual Commissioners for Signed the taking of the cognisance of fines ought to be signed by the L. Chanceller or L. Keeper or chiefe Iustice of the CoÌ„mon place or the Iustice of the circuite where the land lieth Of thinrolement of writs of Couenant Dedimus potestatem and knowledges thereupon which is termed the foote of the fine BEfore thingrossing of the fine by the Cirographer the writ of Couenant Sect 157. the writ of Dedimus potestatem with the knowledges and notes of the same must be inrolled in a roll to be of record for euer to remaine Inrolment in the safe custody of the chief Clarke of the CoÌ„mon place which is Custos breuiuÌ„ his successors who must haue xxii d fee for entring Custos breuiâ— Fee of the Concord to thintent that if the notes of the fines in the custody of the Cirographer be imbesilled execution may be had vpon the said roll Imbeselling ProclamatioÌ„s The foote of the fine 5. H. 4. cap. 14. Vpon this Roll the Proclamations are endorsed and these notes are termed the foote of the fine Dyer fol. 321. plac ' 19. 15. Eliz. Of the note of the Fine THe note of the fine is a note thereof made by the Cirographer before Sect 158. The note of the fine it be ingrossed which beginneth thus EborÌ„ ss Inter A. B. querÌ„ C. D. deforc ' de duobus messuagijs duobus cottagijs centum acrÌ„ terre quadraginta acrÌ„ prati viginti acrÌ„ pasture vna acrÌ„ bosci octo acrÌ„ IampnorÌ„ bruere vno denario redditÌ„ cuÌ„ ptinÌ„ in A. vnde placitÌ„ conuentionis summÌ„ fuit inter eos c. scz qd ' pÌ„d ' C. recognÌ„ tenÌ„ta redditus pÌ„d ' cuÌ„ ê‘tinÌ„ esse ius ipsius A. concessit pro se heredibus suis qd ' praed ' tenÌ„ta redditÌ„ cum ê‘tinÌ„ que pÌ„d ' G. I. tenent ad terminuÌ„ vite ipsius I. de hereditate pÌ„d ' C. die quo hec concordia factafuit que post decessum ipsius I. ad pÌ„d ' C. heredes suos debuerunt reuerti post decessum ipsius I. integre remanerÌ„ praed ' A. heredibus suis tenend ' de capitalibus dominis feodi illius per seruitia que ad praed ' tenÌ„ta redditÌ„ pertinent imperpetuum Et pro hac recognÌ„ concessione fine concordia idem A. dedit pred' B. 100. marcas sterl ' Vpon which note before the ingrossing of the fine if it be of a remainder reuersion rent or seigniory writs of Quid iuris clamat per que seruitia or quem redditum reddit must be sued as the case requireth Plo. fol. 43. b. 22. H. 6. 13. Quid iuris clamat QVid iuris clamat is a Iudicial writ and issueth out of the Recorde Sect 159. of the fine remaining in the keeping of the Custos breuium of the common place Plo. 43. b. before it be ingrossed for after ingrossing it cannot be had Plo. fo 431. b. 22. H. 6. 13. fo Natu. br 147. a which lieth for the grauntee of a Reuersion or Remainder when the particuler tenant wil not atturne to enforce him to atturne 22. H. 6. 13. Plo. 431. b And it is made in this forme Rex vicecomiti salutem PrÌ„ tibi quod venire facias coram Iustic ' nostris Suummons c. tali die G. A. vxorem eius ad cognoscendum quid iuris clamant in vno messuagio decem bouatis terre cum pertinen in B. quae tenÌ„ta cum pertinÌ„ M. que fuit vxor G. in curia nostra c. concessit A. de B. per finem ibi inde inter eosfactum Et habeas c. And the finall cause of this writ of Quid iuris clamat is that the graÌ„tee or cognisee of the reuersion or remainder may by that attournemeÌ„t of the particuler tenant be enabled if cause be giuen to bring an action of wast or to auow for rent reserued or seruices behinde which he cannot doe without attournement Plo. fo 431. b. 22. H. 6. 13. Tenant ã€ˆâ—Šã€‰ shall atturne though the writ suppose her to be tenant Tenant â—n dower for life because she claimâ—th no greater estate then franktenemeÌ„t Hill 31. E. 3. Fitz. Quid iuris clamat 3. yet it seemeth she thereby looseth her warranty and aduantage to be newly endowed if she be euicted 10. E. 3. Fitz. Quid iuris clamat c. 41. If a gift be for life the remainder for life the writ must mention the Briefe remainder Hill ' 3. E. 3. 15. E. 3. Fitz. Fines 9. It is meete therfore to learne who are compellable hereby to atturne and who not and by whom What persons may obtaine attournement by Quid iuris clamat and what not THe grantee of a reuersion void of impediments 34. H. 6. b. Fit na Sect 160. Grauntee de reuersion Infant br fo 168. b. Fitz. nat br 147. a But an Infant cannot because if a lease for life without impeachmeÌ„t of wast be pleaded in barre he cannot coâ—fesse it 43. E. 3. 5. contra 23. E. 3. Fitz. Quid iuris c. 42. If the cognisor haue nothing in the reuersion the tenant shall not atturne Nothing in the reuersion Lib. IntÌ„ fo 536. A feme Couert without her husband albeit the fine was leuied when Feme couert she was sole 11. H. 4. 7. If there be diuers pleas and one die hanging the plea yet shall the tenant Diuers atturne to the rest 48. E. 3. 32. Or if diuers sue the writ and one be nonsuit yet attournement shall Diuers be vnto the other without summons and seuering of the other 46. Ed. 3. 32. Abbotauera attournement dun tenÌ„ pur vie sans mrÌ„e licence nest Abbot forfaiture 17. E. 3. 7. If cognisee disseise the tenant of part he shall haue no atturnement Disseisor 19. E. 2. Fitz. Quid iuris c. 46. What persons be compellable to atturne by Quid iuris clamat and what not THe writ of Quid iuris clamat lyeth against the particuler tenant of Sect 161. T. for life the land for life 34. H. 6. b. Na. br fol. 168. b. Fitz. nat fo 347. a 49. h. though he be but tenant for life of land holden in Capite or a feme couert Feme couert 45. E. 3. 11. And a tenant for yeres shall atturne 3. H. 4. 3. T. for yeres T. in taile T. in taile after posâ— But tenant in taile is not compellable because of the estate of inheritance which is

right And vnto those which haue future right such haue the same either wholly after the fine or partly before and partly after And some of them haue but one title and some diuerse And others haue no right to the tenements comprised in the fine but to some things therein or issuing out of the same Parties to fines void of impediments at the time of the leuying of Parties the same and their heires are thereby barred presently haue no time at all to auoid the same by entree or claime 1. R. 3. ca. 7. 4. H. 7. c. 24. whether they be persons hauing naturall capacities or ciuill If they be such ciuill bodies or corporations as haue in themselues absolute estate and authoritie of their possessions so as they may maintaine a writ of Right thereof as Maior and Comminaltie Deane and Chapter Colledges societies corporate such like their successors are barred by fines presently Plow 338. a. T. 20. Eliz. But Deanes Bishops Priors Abbots Masters of Hospitals Parsons Uicars Prebendaries Chauntrie Priestes and such like which may not haue a writ of Right but either a Iuris vtrum Fitzh Nat. fol. 48. r. or sine assensu capituli Fitz. Nat. fol. 118. i. are not barred by such fines if the patron and ordinarie ioine not with them Plow 538. a 20. Eliz. 375. b. 11. Eliz. How priuies in bloud are bound in fines ANd by the same statuts 1. R. 3. c. 7. 4. H. 7. c. 24. Priuies in bloud Sect. 182. Priuies as heires of the cognizours claiming by the same title that their ancester had that leuied the fine be barred presently thereby whether they be void of impedimeÌ„ts or no. As if lands of Socage tenure be giuen to baron feme in special taile the remainder to the right heirs of the baron in fee the baron sole leuieth a fine with proclamatioÌ„ to his owne vse in fee after deuiseth the same lands to A. in fee hath issue then the baron feme die thissue in taile is barred because he can not otherwise conuey himselfe to the title and discent in taile then as heire of the bodie doth of his father and mother Tr. 18. Eliz. Dyerf 251. p. 24. 9. H. 8. Dier f. 3. p. 6. 32. H. 8. Br. Fines 109. So if husband wife tenants in speciall taile haue issue the wife Priuies die the husbaÌ„d marrie an other wife haue issue leuie a fine sur cognizance de droit come ceo c. and by the same fine take estate in special taile the remainder ouer c. die thissue by the first wife is barred because he is priuie in bloud the coÌ„tinuance of the possession in the husband notwithstanding 32. E. 3. Dyer pla 16. Eliz. f. 334. p. 31. 32. But if my fathers brother disseise him and leuie a fine with proclamation my father and my vncle within fiue yeares after proclamatioÌ„ die yet may I auoid it by entre at any time before th end of the said fiue yeares not withstanding that I am priuie in bloud vnto mine vncle for that my title to the land groweth by my father and not as heire vnto mine vncle P. 19. H. 8. Dyer fol. 3. p. 2. Neuerthelesse if my father disseise my graund father of an estate in Priuies fee and thereof leuie a fine with proclamation first my graundfather and then my father die I am now barred as priuie because I cannot otherwise conuey my selfe to the lands then as their vnto my father the Cognizor P. 19. H. 8. Dyer fol. 3. p. 3. Of Estraungers hauing present right and no impediment BUt Estraungers to fines which be all persons not parties nor priuies Sect. 183. and being void of impediments naturall legall hauing present right to the lands in the fine haue onely fiue yeares after proclamations to enter claime their right 1. R. 3. ca. 7. 4. H. 7. ca. 24. As if one haue a Remainder or a Reuersion depending vpon an Tenant in remainder or reuersion vpon estate for yeares or at will estate for yeares or by statute Staple statute Marchant or Elegit and the termor be disseised and a fine leuied c. and fiue yeares passed they be all barred thereby for that these Termors might presently haue entred he in the ReuersioÌ„ or Remainder for such disseisin might haue had an Assise So that Statute 4. H. 7. ca. 24. seemeth to barre the termors through negligence by this woord interest which comprehendeth a terme Plow fol. 374. a. And if a tenant in taile be disseised and a fine leuied with proclamation and fiue yeares past and the tenant in taile dieth thissue in tayle is bound for euer per Dyer and Catlyn for the right was present to the tenant in taile at the time of the fine leuied and he can not claime but by the same title which his father had which was barred in his life time Plow fol. 374. a. Dyer fol. 3. p. 6. 19. H. 8. 7. The like it is of the laches of him in the remainder or reuersion for it barreth him and his heires Plow fol 374. a. Dyer fo 3. p. 6. Of Estrangers hauing present Right and impediments BUt estraungers to fines pestered with impediments of Infancy Sect. 184. couerture madnes ideocy lunacy imprisonment or absence out of the Realme at the leuying of fines and hauing then present right or interest haue yet libertie fiue yeares after such infirmitie remoued to make entrie or claime c. 1. R. 3. ca. 7. 4. H. 7. ca. 24. And therfore an Infant hath fiue yeares after he accomplish his full Infants age though he be in his mothers woÌ„be Plow 367. a. because the law intendeth that Infants by reason of their tender yeres do want vnderstanding to know their right whether their entries be lawfull or no And how to make their entries and claime or bring their actions according to their title Plow fol. 359. b. 4. H. 7. ca. 24. Yet if my fathers brother disseise him and leauie a fine with proclamation and a yeare after the proclamation my father dieth And after and within fiue yeares my vutle dieth I by reason of mine Infancy haue onely so much time to auoid the same as at the death of my father remained to come of the fiue yeares next after the proclamation not new fiue yeares because I claime by the same title that my father had in whom the first fiue yeares were attached and begun Dyer fol. 3. p. 2. In like maner and for the same reason if the father or other auncester be disseised and the disseisor leuie a fine with proclamation and within fiue yeares after the proclamation the auncester dieth his heire being within age yet if he make not his entrie or claime within the first fiue yeares after the proclamation he is barred Plow fol. 367. b. 377. a. As it is there adiudged Mad men and lunatiques estrangers

other sonne which is heire to his brother hâ— shal haue new v. yeres after he come to his full age because he is the first to whom the right discended after the proclamation by reason of the discent which was before them Plo. fo 374. b. But if an estranger to a fine to whom a Remainder or other title first accrueth after the fine doe not pursue his right within v. yeres he and his issue are barred for euer 19. H. 8. Dyer fo 3. pl. 6. And in like maner if the first issue in taile to whom the title of the intaile first accrueth neglect his v. yeres the whole estate taile is thereby bound for euer 32. H. 8. Br. Fines 100. If he which abaceth after the death of a tenant in fee make a feoffement vpon condition the feoffee leuie a fine and v. yeres after proclamation passe without entrie or claime made by his heire the heire is barred But if afterwards the condition be broken and the Abator therefore enter then the heire may haue an Assise of mortdauncester against thabator or entrie vpon him at any time and he hath no defence For if he plede in barre of the assise the fine leuied to the cognisee and that he hath his estate the speciall matter of the abatement condition and reentrie may be pleaded in defesance thereof for he can neuer challenge priuiledge by the state of the cognisor which he himselfe defeated Plo. fol. 358. b. 7. Eliz. Of Estrangers hauing no right for any cause before the fine BVt estrangers to fines hauing neither present nor future right c. Sect 188. at the leuying thereof by reason of any matter had before the fine whose right groweth either intirely after the Proclamation or partly before and partly after may enter or claime when they please within the time of the prescription As if the father die seised his eldest sonne being professed and the yonger sonne entreth and is disseised and a fine with proclamation leuied and after the elder sonne is deraigned it seemeth he is bound to no time Plow fo 373. a. So if the husband leuy a fine of his owne landes whereof his wife is Doweâ— dowable and die and fiue yeres passe after his death she is not barred of her dower because her title to be endowed accrueth after the fine leuied namely by the death of her husband for before his death she had onely a possibility of dower and not any right title or interest thereunto Plo. fol. 373. a. And if a tenant cease one yeare and then a fine with proclamation is leuied And afterwards a tenant ceaseth another yere The Lord may haue his cessauit perbiennium xx yeres after the Proclamation made because his right and title groweth partly before the fine partly after the fine leuied that is at the end of the two yeres of his tenants ceasser Plo. fo 373. b. Of Estrangers hauing diuerse future Rights by diuerse titles BVt if Estrangers to fines haue seueral future Rights by diuers titles Sect 189. growing at seueral times it seemeth that they shall haue seuerall fiue yeres to make entrie or claime commencing from such time as their seueral titles first accrewe vnto them As if tenant for life the remainder in fee make a feoffement in fee. And the feoffee leuy a fine with c. and he in the Remainder suffer the first fiue yeres to passe he is by his laches barred of his entrie for the forfaiture growing by the alienation of his tenant during his tenant for life because he had present right at the leuying of the fine to enter for the same yet if after the tenant for life do die he hath other v. yeres to bring his Formedon in Remainder because that is a nâ—we title or right by which hee coulde not haue his Formedon during his tenant for life And he had his election to take aduantage of the forfaiture or not Plo. fo 373. b. Quere for there Catlyn thinketh otherwise because his title to the land by the forfaiture accrued to him in the life time of his tenant for life If I. S. be tenant Pur auter vie the Remainder to an other for life the remainder to the same I. S. in fee and I. S. is disseised and the disseisor leuieth a fine with proclamation and the fiue yeres passe I. S. is bound for his future and present estate for life But if cestuy que vie and he in the meane remainder die now I. S. shal haue other fiue yeres to enter for his remainder in fee for it then first remaineth vnto him by the death of him in the meane Remainder cestuy que vie for cause growen wholy before the fine that is the state so made before which is an other title Plowden 367. b. per Welshe and diuers Iustices Plow 367. b. In like maker if land be giuen to I. S. for the life of A. the remainmainder to him for the life of B. the remainder to him for the life of C. and he is disseised the disseisor leuieth a fine with proclamation now I. S. for his present right hath v. yeres by the first Sauing of the StatÌ„ 4. H. 7. cap. 24. And v. yeres after the death of A. by the seconde Sauing which is of future right and other v. yeres after the death of B. for his second remainder for quando duo iura in vna persona concurrunt aequum est ac si essent in diuersis Plo. 368. a. If a man disseise a feme sole and after marry her and haue issue by her the baron is disseised before mariage or after and a fine with proclamation leuied first the baron after the feme die within the v. yeres the issue being of full age the v. yeres passe he is there by bound as heire to his father but hath other v. yeres after the death of his mother to enter for albeit it is but one selfe same lande yet the heire hath seueral rights thereunto growing at seuerall times th one as heire to his father thother as heire to his mother in regarde whereof he hath seuerall times Plow 367. b. So if the husband maketh a feoffement of his wiues lands vpon condition which is broken he leuieth a fine with c. the husband hath issue by his wife and dieth the first v. yeres passe and then the wife dieth the heire is barred of his entrie for the condition as heire to his father but shal haue v. yeres after the death of his father to claime c. because it is a title differing from that which did discend from his father accrueing to him first by the death of his mother Plo. 367. a. Estrangers to fines hauing neither present nor future right to the tenements in the fine at the leuying thereof but onely vnto rents common c. issuing out of the same ANd Estrangers to fines hauing neither present nor future right to Sect 190 the tenements in

the fine but vnto some thing in or issuing out of the same seeme not barrable at all by any such fine nonclaime As if a tenant in Auncient demesâ—e leuy a fine with c. at the common law of his lands in auncient demesâ—e the Lord in auncient demesâ—e may haue his writ of Deceipt and thereby auoid the fine at any time thereupon his tenant shal be restored to the land because the Lord claimeth not the land whereof the fine is leuied but his auncient Seigniory and seruices issuing out of the same Plo. 370. b. It seemeth such fines doe not barre such estrangers as haue rent coÌ„mon way estouers or any such charge out of the land for it seemeth that these fines extend onely to binde the state title right claime entrie and interest in and to the land and no profits to be taken out of the lands nor to take power giuen to executors or others to sell the land Brooke titÌ„ Fines 123. Pleas to aâ—oide Fines IT is a good plea to say that I. S. was seised tempore leuac ' and before Sect 191. the fine leuied without that that the parties to the fine had any thing therein at the time oâ— the fine leuied 9. H. 4. 27. 3. H. 6. 27. Or to say that the parties to a fine had nothing c. but A. B. whose estate he hath Et de hoc ponit se super priÌ„am 33. H. 6. 18. 26. H. 6. f. 9. 42. E. 3. 20. 4. H. 4. 8. 14. H. 4. 33. 4. H. 7. ca. 24. If there be two R. D. of one name the one leuy a fine of the land of thother thother may auoid the fine by pleading that there be two of one name and thother K. D. leuied the fine and not he And in like maner if any estranger leuie a fine in the name of another that is owner of the land 34. H. 6. 19. ContrÌ„ tenÌ„ 19. H. 6. 44. because it is a matter of recorde therefore hath no other remedie in such case but an action of disceit Neither parties to fines nor their heires may pleade in auoidance thereof that before the leuying and at the leuying of the same since the demaundant or plaintife or their heires were alwaies seised of the lands conteined in the fine or of parcel thereof StatÌ„ de finibus 27. E. 1. ca. 1. 12. E. 4 15 19. yet by Fairefax if tenant in taile the remainder in fee leuie a fine sur cognisance de droit come ceo c. hee in the remainder may auerre the continuance of possession notwithstanding the fine and statute because he is neither the partie nor his heire and so may a Feme couert where her husbande sole leuieth the fine 12. E. 4. 12. The issue in taile may auerre continuance of possession against a fine sur cognisance de droit tantum or surrender but not against a fine sur cognisance de droit come ceo que il ad de son done because that fine is executed and the other executorie 12. E. 4. 15. 19. 11. H. 4. 85. Of a writ of Error A Writ of Error to reuerse a fine lieth where there is Error in any Sect ' 192. fine and thereby not the record of the fine it selfe shal be remoued but the transcript thereof vpon which transcript of the note of the fine the plaintife may assigne his errors And if the Iustices thinke that the point assigned for error is error they may send for the note of the fine reuerse the same Fitz. nat fo 20. f. As if baron and feme leuie a fine to an estraunger the feme being within age they may haue a writ of error to reuerse the fine for this cause during her nonage Fitz. nat 21. d. 27. ass pl. 17. 50. E. 3. 4. And when a fine is to be reuersed by error the course is for the plaintife in the writ to haue seueral writs of Error one directed vnto the chiefe Iustice of the court of Common plees to certifie the record proces of the fine another vnto the Custos br of the same court to certifie the transcript of the foote of the fine and the third vnto the Chirographer to certifie the transcript of the record and proces of the fine the seueral formes whereof be as followeth A writ of Error directed vnto the chiefe Iustice of the court of common plees Regina c. dilecto fideli suo Edm. Anderson Militi salutem Quia in record ' processu ac etiam in leuatione cuiusdam finis in curÌ„ nrÌ„a coram vobis socijs vestris Iustic ' nostris de banco apud WestmÌ„ in octabis S. Michaelis vltimo preteritis per breue nostrum de conuentione inter I. G. seniorem armig ' M. vxorÌ„ eius I. G. iuniorem generosum querentÌ„ G. H. deforc ' de manerio de G. cum pertinÌ„ ac de vno messuagio xv cottagijs quindecim toftis quatuor horreis quindecim gardinis duobus pomarijs ducentis acrÌ„ terre octoginta acrÌ„ prati centum acrÌ„ pasture sex acrÌ„ bosci trescentis acrÌ„ more communia pasture pro omnibus auerijs com ê‘tinÌ„ in G. in comÌ„ EborÌ„ leuatÌ„ error interuenâ—t manifestus ad graue dampnum ipsius G. sicut ex querela sua accepimus Nos errâ—rem si quis fuerit modo debito corrigi eid ' G. plenam celereÌ„ Iustic ' fieri volentes in hac parte vobis mandamus quod recordum processum finis praed ' cum omnibus ea tangenÌ„ que in custodia vestra existunt vt dicitÌ„ nobis sub sigillo vestro distincte a ê‘te mittatis hoc breue Ita quod ea nabeamus in octabis S. Hill ' vbicunque tunc fuerim ' in Angl ' vt inspectis recordo processu finis pÌ„d ' vlterius inde pro errore illo corrigendo fierifaciamus qd ' de iure secund ' legem coÌ„suetud ' regni nostri Angl ' fuerit faciend ' c. A writ of Error vnto the Custos breuium of the Court of Common plees Regina c. dilecto sibi Tho. Spencer armig ' custodi breuium suoruÌ„ de banco salutem Quia in recordo processu ac etiam in leuatione cuiusdaÌ„ finis in curÌ„ nrÌ„a de Banco apud WestmÌ„ in octÌ„ sancti Mich. vltimÌ„ pÌ„terito coram Ed. Anderson Milite socijs suis Iustic ' nrÌ„is de banco pÌ„dictÌ„ per breue nostrum de conuentione inter c. de c. Vobis mandamus quod transcriptum pedis finis praed ' cum omnibus ill'tangenÌ„ que in custod ' vrÌ„a existunt vt dicitur nobis sub sigillo vestro c. vt InspectÌ„ transcriptÌ„ pedis finis praed ' vlterius inde c. A writ of Error vnto the Chirographer of fines Regina c. dilecto sibi Th Crompton Armig ' Chirographario suo de Banco salutem quia in recordo processu ac etiam in leuacione

respondend ' W. R. de placito quod warrÌ„ ei octo mesuag ' sex gardina tria pomarÌ„ quatuor acrÌ„ terrÌ„ sex acr ' prati duas acrÌ„ pasture cum pertinentÌ„ in B. B. quae tenet de eo tenere clamat vnde cartaÌ„ sâ—am habet c. Et vnde idem W. per W. C. atturn ' suum dic ' qd ' praed ' E. nuper fuit seisitus de tenementis praed ' cum ê‘tin ' in dominico vt de feodo sic inde seisitus existens idem F. 19. die S. anno Regni dnÌ„ae Reginae nunc 25. apud B. praed ' per quandam cartam suam quaÌ„ idem W. R. sigillo pÌ„d ' F. signatÌ„ hic in curÌ„ ê“fert cuius datÌ„ est eisdeÌ„ die anno dedit concessit teâ— praed ' cum pertinentÌ„ praef W. R. habend ' sibi herÌ„ suis impepetuum vlterius pÌ„d ' F. per. cartam praed ' tenementÌ„ pÌ„d ' cum pertinentÌ„ eidem W. hered ' suis coÌ„tra omneshomines warranÌ„ prout per cartamâ—llam plen ' apparet virtute quorum quidem don ' coÌ„cessionis idem W. fuit adhuc est scisitÌ„ deten ' praed ' cum pertinentÌ„ in dominico suo vt defeodo Et sic inde seisitÌ„ existentÌ„ quidam D. D. arrain ' versus ipsum W. quandam assisam noue disseisiâ—e de praed ' tenementÌ„ cum ê‘tinentÌ„ coram I. C. vno baronÌ„ ScaccarÌ„ dnÌ„ae Reginae et F. R. vno seruien ' ipsius dnÌ„ae Reginae ad legem Iustic ' eiusd ' dominae Reginae ad assisas in comÌ„ praed ' capiend ' assign ' per formam statuti c. per qd ' idem W. R. pendente assisa illa sepâ—us requisiuit praef F. quod ipse praed ' tenementÌ„ cum pertinentÌ„ eidem W. warrÌ„ idem F. ten ' illa cum pertinentÌ„ eidem W. hucusque warrÌ„ contradixit adhuc contradicit vnde dic ' quod deteriorat est damnum habet ad valentiam centum librarum inde produc ' sectam c. SYMBOLEOGRAPHY Of Recoueries for Assurances c. called common or feigned Recoueries IN euery Recouerie are to be regarded the demandant Sectio 1. the tenant of the land the vouchee as the efficient causes thereof The land demaunded as the matter which must as certeinly be set downe in writs of Entre as in writs of Couenant whereupon fines are leuied The end and effect of such recoueries is to discontinue and distroy estates tailes remainders and reuersions and baire the former owners thereof The Demaundant is he that bringeth the writ of Entre and may be termed the Recouerer The Tenant is he against whom the writ is brought and may be termed the Recoueree The Vouchee is he whom the tenaÌ„t voucheth or calleth to warranty for the land in demaund And such persons may be demaundants tenants and vouchees in these recoueries as may be Cognizors and Cognizees in writs of Couenant and by such names Mutatis mutandis Sauing that if any recouery be had against any tenant in taile the reuersion or remainder being in the Queene of the gift of the Queene or of any of her Maiesties progenitors kings of England such recouerie will neither barre the issue in taile of his Entre nor discontinue his estate nor pluck such reuersion or remainder out of her Maiestie 34. H. 8. cap. 20. Quaere tamen si tiel recouerie barre lissue in taile during the continuance of the estate taile Dyer fol. 132. pla 1. Item before such persons by such meanes and in such maner may warrants of Attorney bee knowledged and certified as fines knowledged in the Countrie sauing that the recognizance of warrants of Attorney may be taken by any Iustice or Seriant without a writ of Dedimus potestatem And fines must be paied vpon writs of Entre as vpon writs of Couenant And all such writs of Entre must be signed by the Queenes Atturney before they can be sealed In a Recouerie with double voucher the fine must bt sued first to make him tenant at the time of the writ of Entre brought for euery writ of Entre must alwaies be brought against him that is tenaÌ„t of the freehold of the land demauÌ„ded at the time of the writ brought 18. R. 2. and Dyer fol. 252. pla 98. for that that the estate of the tenant in taile which is vouchee is barred in respect of the assets only which is or may be recouered in value Plow Basset vers Manxel fol. 11. a and of execution sued by the tenant against him And if the tenant haue but an estate for life or in dower or by the curtesie then to haue a good recouerie thereof it is meete that such tenant make a conditional Surrender of his estate to him in the reuersion or remainder to the end he may be a perfect tenant of the inheritance and then to bring the writ of Entre against him And after that the recouery is executed the particuler tenant for breach of the condition may enter and inioy his terme notwithstanding such surrender See the like Surrender in the Chapter of Surrenders in the first part of Symboleography Of what thinges writs of Entre may be brought and by what names PRaecipe quod reddat lyeth de vna acra terre aqua cooperta vel de Sect 2. acra terre 12. H. 7. fol. 4. de gurgite 10. E. 3. 14. Ed. 3. 842. Fitz. nat bre fol. 191. h. Et de passagio vltra a quam Fitz. nat br fo 191. i. de balliua 34. Ed. 3. 423. de officio 27. H. 8. fo 12. de aduocationÌ„ ecclesie aut de quarta ê‘te decimarÌ„ 34. Edw. 3. deporcione decimarum Dyer fol. 84. pla 83. de quadam parcella terre Dyer fol. 84. pla 83. de custod ' terre haered ' siue custod ' terre Register 161. 22. Edw. 3. fol. 19. Praecipe quod reddat lyeth of all maner of Ecclesiastical or Spirituall profits vt de Rectoria Vicaria porcionibus pencionbus decimis c. per statutÌ„ 32. H. 8. cap. 7. de omnibus omnimodis decimis maioriê° mixtis minutis infra villam siue hamletÌ„ de B. in parochia de A. quoquo modo crescenc ' contingenÌ„ ac annuatim renouanÌ„ c. Thel lib. 8. cap. 9. S. 2. de quarta parte decimaruÌ„ oblationum ecclesie sanct ' P. c. 16. Ed. 3. de quadam porcione decimarum or terre not shewing how much 1. H. 4. fo 1. Dyer fol. 84. pla 83. 84. 85. and 86. In old time de hida terre per Glanuile de caruca terre 4. E. 3. 161. de bouatÌ„ terre 6. Ed. 3. 291. de sex pedibus terre in longitudine quatuor pedibus in latitud ' 14. Ass 13. A Praecipe quod reddat lieth detofro situ molendini 14. Ed. 3. de hundredo de C. balliuato de B. 34. Ed. 1. 3. E. 3. de pasturÌ„ ad sex boues

and place appointed where this defendant was present with his commissioners and witnesses and one of the said complainants commissioners was in the towne where the place was appointed the same day and time readie to haue executed the said commission if the said complainant would haue spoken to him therefore as this defendant was credibly informed and the said complainant was there present at the same time and place and did or might haue spoken with him that was named commissioner for him who had a dwelling house in the same towne being the towne of M. in the same Countie and then and there the deponents vpon this defendantes behalfe were sworne and examined by and before these defendants then commissioners and some of them sworne in the presence of the said complainant And thereupon the depositions and examinations of the witnesses so sworne were by these defendants then commissioners caused to be ingrossed in parchment and certified into this honorable court and afterwards published and after publication this defendant staied without doing any thing therein by the space of two termes or thereabouts during which time the said complainant did or said nothing at all in the said court touching the said suit that this defendant euer heard of And then this def caused the said depositions to be exemplefied vnder the great seale of Eng. to his great charges which he hath readie to shew to this H. Court And the said complainant being not contented with these causels vexations of this defendant Anone after that this complainant had obtained the said commission the said coÌ„plainant for this defendants further vexation commenced suit against this defendant in the ecclesiasticall court of the Archb. of Yorke within whose dioces the same lands and tenements in N. in the bill mentioned be where the said father of this complainant and defendant died vpon surmised matters touching the supposed will mentioned in the said bill whereupon this defendant to his great charges appeared answered as behoued for the time by himselfe his procter as is there vsual whith suit the said complainant relinquished also as this defendant thinketh for he hath heard nothing therof these xii moneths and more And now the said complainant meaning nothing else but this defendants trouble molestation hath renued the said suit in this H. Court againe which before he had in the same court by the said first bill conteining the same matters in effect almost word for word as in the same bill is mentioned whereunto this defendant hath alreadie answered as appeareth by the same answere remaining of record here in this court and the same proceeded vpon both as afore is said wherefore this defendant for the causes aforesaid and for the said double vexation in this honorable court by two bils conteining in effect but one matter in substance demurreth in law and praieth that he this defendant may be dismissed out of this honorable court with his reasonable costes and charges in this suit wrongfully sustained A Bill for not surrendring a lease made by the Plaintife to the defendant in trust to trie a title and for occupying and wasting the tenth demâ—sed and for deteining of writings of copyhold lands contrarie to their agreement HVmbly complaining sheweth vnto your H. Lordship your daily Sect ' 77. Orator I. K. of W. in the Countie of Y. yeoman that whereas about 40. yeeres now last past one W. M. yeoman was lawfully seased in his demesne as of fee of in one mesuage with thappurtenances in E. in the County of M. and of in diuers lands tenements meadowes pastures hereditaments therunto belonging being freehold land in E aforesaid H. in the said conâ—ty of N. and he being there of such estate so seazed about the first yeere of the raigne of the Q. Maiesty that now is by his last will and testament in writing made written in the life time of the said W. M. did giue bequeath the same to one E. then his wife now wife vnto your said Orator for the time of her natural life the remainder thereof after her decease to one R. M. as by the said will appeareth and afterward the said W. M. died of such his estate thereof so as is foresaid seised by force of which wil and deuice the said E. by and after his death entred into the said mesuage or tenements was thereof lawfully seased in her demesne as of freehold for the terme of her life the remainder thereof after her decease to the said R. M. in forme aforesaid belonging also whereas the said W. M. was in his liâ—â— also seased of or in certain copihold or customary lands lying being within the manor of S. in the said county of N. and holden of the said manor by copy of the court rolles of the same manor in his demesne as of fee according to the custome of the saidmanor and he being thereof so seazed died therof so seazed by after whose death the said E. his wife was endoments of the third part of the said copihold or customary lands and tenements and according to the custome of the said manor admitted therof tenant by the Steward of the Court of the said manor accordingly by force wherof she likewise entred into the third part of the said customary tenements and premisses and was therof likewise seazed in her demesne as of freehold as tenant in dower therof for the terme of her life naturall according to the said oustome and quietly and peacably occupied and enioyed the same vntil about ten yeares now last past Now that your said Orator through importunancy and earnest perswasions of some friends of the said I. T. and A. L. was contented in some maner to yeeld vnto their suit and therupon for the furtherance and triall of the title and interest of the said I. T. about the fourteenth day of I. in the 26. yeare of the Queens Maiesties raign that now is without any fine income or other coÌ„sideration to him paid but giuing credit vnto the speaches of the said I. T. and A. L. that they would seeke nothing at the hands of him your said Orator but onely vse the benefit of his present estate for the resisting of certaine vnlawfull suits attempts which were then offered as they then affirmed by the said R. and others did by this your said Orators Indenture of lease bearing date about the said time demise graunt and to farme let to the said I. T. and A. L. all the said freehold lands tenements and hereditaments with the appurtenances in E. and H. aforesaid to haue and to hold the said tenements and premisses with the appurtenances to the said I. T. and A. L. their executors and assignes from the feast of S. M. the Bishop in winter last past before the date of the said Indenture vnto the full end and terme of 21. yeeres thence next following and fully to be complete and ended if the

vpon any iust cause Neuerthelesse the aduantage of exception to the vncertaintie and insufficiencie of the said bill to these defendantes at all times saued For aunswere and declaration of the trueth they say and euery of them saith that true it is that one R. S. of F. in her Maiesties Countie of H. was in his life time seised in his demesne as of fee of and in one messuage and certaine lands and tenements in H. in the said County of H. and being so seised by his deed of foffement vnder his hand and seale about the xxxvi yeare of King H. the viii conueyed and assured the same messuage and lands vnto one I. S. his sonne and to his heires and assignes for euer as by the deed of the said R. vnder his hand and seale redy to be shewed vnto this honorable Court doth and may appeare By force whereof the said I. S. was thereof seised in his demesne as of fee And being so thereof seised for a certaine summe of money to him paid by W. G. father of one of the defendants did conuey and assure the said messuage and lands vnto the said W. G. and his heires with warrantie as by the deed and release of the foresaid I. S. doth and may appeare After which the foresaid W. G. the father vnto the said defendant died of the said messuage and lands seised After whose death these defendants entred into the said tenements and the same enioyed the their own profits and commodities as lawfull was for them to die without that that R. S. of H. in the said bill mentioned was seised of the messuage and lands in the bill mentioned in fee taile or that the said I. S. father of the complainant was seised of the premisses in the first yeare of King Edward the sixt or that the said W. G. father of one of the defendants got the possession of the messuage the euidences concerning the same other wise then was lawfull for him to doe Or that the defendantes or any of them do vniustly withhold the said messuage or lands in the bill mencioned or the euidences concerning the same otherwise then is lawfull for them to do in respect of their right And without that that the said messuage and lands with the euidences concerning the same do in right or equitie appertaine to the Complainant as sonne and heire to I. S. the father And without that that any other matter or thing in the said bill contained concerning these defendants and not in this answere sufficiently confessed and auoyded trauersed or denyed is true All which matters these foresaid defendants are c. vt supra The Replication THe Complainant auerreth and maintaineth his said bill of complaint Sect. 130. and all and euery the matters and things therein contained to be verie good iust and true in such sort maner and forme as in the said bill of complaint is declared And saith that the answere of the defendants for the most part is vncertaine vntrue and insufficient in the law to be answered vnto Neuerthelesse all aduantages of erception to the insufficiency thereof to this complainant at all times hereafter saued For replication saith in all and euery thing as in the said bill of complaint he hath said And further saith that he doubteth not but that he can verie sufficiently proue that the said I. S. this complainants father was about the first yere of the raigne of King Eow the sixth or not long before seised in his demesne as of fee taile of the foresaid mesuage lands and tenements in the said bill mencioned And he also hopeth to proue all the rest of the said bill to be true in such sort as the same is truely declared and set downe without that that the foresaid R. S. this complaynants graundfather being seised of the premisses in his demesne as of fee did lawfully by his deede of feoffement vnder his hand and seale about the xxxvi yere of king H. the eight conuey and assure the said mesuage and lands vnto one I. S. his sonne and to his heires and assignes for euer Or that the said I. S. being of the premisses seised in his demesne as of fee for a certaine summe of money to him paied by the said W. G. father of one of the defendants did lawfully conuey and assure the said mesuage and lands vnto W. G. one of the said defendants and his heires with warrantie as in the said answere is verie vntruely alleaged And without that that the said W. G. father to one of the defendants died of the said mesuage and lands seised in such fort as in the said answere is likewise declared or that it was lawfull for the said defendants after the death of the said W. G. to enter and occupie the foresaid mesuage and lands as also in the said answere is inserted And without that that any other matter c. All which c. vt supra A Bill for debt leuied by extent COmplaining sheweth c. A. B. of c. That whereas the said A. B. Sect. 131. in the beginning of her Maiesties Raigne liuing in her highnes Court for his furniture of iewels plate money and such like had credit with one C. D. Citizen and Goldsmith of London for the which as he had occasion to borrow any money or take by any wares so he deliuered his Bils or Obligations for the true paiment of any such money so borrowed or for the price of any such wares so bought at daies betwixt them agreed which daies he alwaies kept or tooke order for the for bearing thereof by himselfe or his seruants such as he did imploy in those affaires Amongst which there was in D. in the first yeare of c. a certaine debt or reckoning of how much certainely he now remembreth not betwixt him the said C. D. and the said A. B. for the which he the said A. B. was bound to the said C. D. in the summe of c. by his deed obligatory bearing date c. which Obligation as he now remembreth was single with a defeasance for the debt which was then agreed vpon to be answered at a certaine day following which said debt he the said A. B. paied accordingly by his then seruants and officers who vnknowing vnto the said A. B. did negligently as is to be coniectured leaue the bonds in the hands of the said C. D. after the reckoning and debt paid or discharged And so afterwards the said A. B. did deale and continue in further credit with the said C. D. for diuerse other great summes of money iewels and plate some vpon the said Goldsmithes booke and some vpon Bils and Bonds whereof the most part were afterwards discharged sauing one debt by Recognisaâ—ce about the foure and twentie day of c. in the c. being to the value of 200. markes In which said latter debt the said A. B. presuming of friendship and friendly dealing at the said C. D.

E. 3. Persons ciuilly dead as Friers Nunnes Monkes Channons professed and other like supersticious votaries who are in subiection to their Soueraignes 14. H. 8. 16. 2. R. 2. 5. Of couerture ANd therefore a feme couert within age ought not to leuie a fine Sect. 8. for that she cannot reuerse it during the couerture nor after if the couerture continue till she be of full age 50. E. 3. 5. 27. Ass pla 53. And a feme couert ought not to leuie a fine but with her right husband 7. H. 4. 23. 42. E. 3. 20. But a fine leuied by a feme couert without her husband of her owne landes wherein she hath fee simple is an estoppell against her and her heires if her husband auoid it not by entrie or otherwise as he may during his wiues life and after her death during his owne life as if he be tenant by the Curtesie 17. E. 3. 52. and 78. 17. Ass 17. 7. H. 4. 23. But if lyuing her first husband she take a second husband and with him and by his name knowledge a fine this fine shall not bind her because she is misnamed 7. H. 4. 22. and 23. Yet if she with her right husband by a wrong christian name leuie a fine she is estopped during her life â— Ass pla 11. Brooke Fines 117. A feme couert must beware how she with her husband do leuie a fine of her Iointure least she thereby lose her dower Trin. 19. Eliz. Dyer fol. 359. pla 49. Neyther ought the husband without his wife to leuie any fine of her lands for she and her heires may auoid it after his death 32. H. 8. cap. 28. 12. E. 4. 12. 42. E. 3. 20. Villeines ANd Villeines by knowledging such fines should preiudice their Sect. 9. Lords thereby bereauing them of the landes aliened for such fines be good Persons dead in law ANd fines leuied by persons ciuilly dead are vtterly void Sect. 10. Imprisonment ANd if men compelled by threatnings or inprisonment should be Sect. 11. admitted to leuie fines they should thereby be barred because the law intendeth such persons are at libertie when they knowledge fines 17. E. 3. 52. 78. 17. Ass 17. Of persons hauing ioint power PErsons prohibited to be Cognizors by reason of ioint power are Sect. 12. they that haue ioint power and aucthoritie with others as the single members of euery Corporation or Society As a Bishop without his Deane and Chapter A Deane without his Chapter An Abbot or Prior without his Couent A Parson Vicar Prebendary or Chauntry priest without their Ordinarie A Maior without his Cominaltie Masters of colledges without their Felowes And of other Societies incorporate may not leuie fines Plow 375. b. 11. Elizab. fol. 538. a 21. Eliz. 21. E. 4. 13. 11. H. 4. 68. 12. H. 4. 11. 12. 38. E. 3. 33. Plow fol. 538. a. 20. Eliz. Of the estates of Cognizors ALbeit euery fine be good to bind the parties yet for the validitie Sect. 13. of the fine it is conuenient that either the Cognizor or the Cognizee be seazed of the lands aliened 41. E. 3. 14. 22. H. 6. 13. For the fine is void if neither of the parties be seazed at the leuying thereof 41. E. 3. 14. 33. H. 6. 18. 3. H. 6. 27. 27. H. 8. 4. and 20. 37. H. 6. 34. 13. Ass p. 8. 3. H. 7. 9. 5. E. 3. 22. H. 6. 57. Yet the vouchee after he hath entred into the warrantie may leuy a fine vnto the demandant though in facto neither of them is seazed For such vouchee is tenant in law and may confesse the action because of the priuitie betweene him and the demandant But a fine by him so leuied to an estranger is void 8. H. 4. 5. 5. H. 7. 40. Persons attained or wayued in personall actions may alien by fine or otherwise for their estates remayne in them still though they thereby forfeyt the profites of their landes 9. H. 6. 20. 21. H. 7. 7. And persons attainted of Felony or Treason may not be Cognizors by reason that by their offences their estates be forfeyted But if they do their fines be good against all persons but the King and the Lord of whom the lands beholdeÌ„ for their times 8. Ass pla 25. for their estats remaine in them during their liues Also tenant for life may leuie a fine sur graunt releas of the lands which he holdeth for life to hold to the Cognizee for life of the tenant for life and it is no forfeiture 44. E. 3. 36. But if the estate were larger or the fine sur cognizance de droit come ceo que c. it were a forfeiture of his estate 4. H. 7. fol. The same law is of such sins by tenant in tayle after possibility tenant in dower or by the curtesie 39. E. 3. 16. But such fine of a reÌ„t seemeth to be no forfeiture 2. H. 5. 7. Yet a particuler tenaÌ„t as in dower by curtesie or for life cannot by fine graunt surrender their estates to thowner of the reuersion or remainder but may by fine graunt and releas the same 17. E. 3. 62. 24. E. 3. 26. 20. E. 3. and 14. E. 3. A tenant in commen or Iointenant may leuie a fyne of his part 26. H. 8. 9. So may a Coparcener of his part Dyer 334. plac 30. Pasch 16. Eliz. A fine leuied by the heyre who is an Intrudor vpon the kings possession is voyd per le Praerog cap. 13. 1. H. 7. 5. 24. E. 3. 65. But if such fine be leuied without intrusion it bindeth the Cognizor and his heires 1. H. 7. 5. If a disseisor leuie a fyne with proclamation and the disseisee within fiue yeares after do not enter or caime he and his heires be barred for euer Plowd fol. 353. 11. Elizab. inter Stowell Zouch Also fines may be leuied by the tenant in taile general or special And by tenant in fee simple And by tenant in remainder or reuersion Â¶ Hauing thus passed the capacities and estates of Cognizors let vs haue consideration how they may be named How Cognizors are to be named TOuching the names whereby parties to fines ought to be named Sect. 14. for so much as names be to no other end inserted into fines and other writings then that it may be certeinly knowen who be the parties thereunto it is requisite that they be certeinly named by their right names of baptisme and surnames whether the same be King Prince Duke Marquesse Earle Vicont Baron Lord or Knight which be names of dignitie some of which are sometimes named without their Surnames as Georg. Comes SalopÌ„ without his surname IoheÌ„s Dux LancastrÌ„ or he be an Esquire or Gentleman which be names of worship nobilitie and honor 14. H. 6. 15. 21. E. 4. 84. Whose addicions neuerthelesse of curtesie are communly vsed in fines as Io. Byron Miles H. D. armig T. L. generÌ„ Or if he be a â—eoman

preterea ijdem T. et E. concesseruÌ„t pro se hered ' ipsius E. quod ipsi warrantizabunt maneria tenementÌ„ redditÌ„ praeÄ‘ cum pertinentijs prefatÌ„ W. I. hered ' ipsius W. contra omnes homines imperpetuum Et pro hac recognicione c. ijdem W. et I. concesserunt preÄ‘ manerium tenÌ„ta et redditÌ„ praeÄ‘ cum pertinenÌ„ et illa ei reddideruÌ„t in eadem curia HabenÄ‘ et tenenÄ‘ eidem T. et hered ' suis imperpetuum A Fine knowledged by H. K. and I. his wife I. C. and K. his wife to R. G. of one messuage one garden of land pasture and the same conusors for them and the heires of lo doe warrant two parts of the premisses in iij. parts deuided to the câ—usee and his heires against all men for euer PRaecipe I. H. I. vxori eius quod iuste c. teneant R. G. conuenciones inter eos fact ' de vno messuagio vno gardino 40. acris terre quatuor acris pasture cum pertinÌ„ in c. Et nisi c. Â¶ Et est concordia talis quod pÌ„d ' I. I. recognouerÌ„ tenementa praed ' Sect ' 106. cum pertinenÌ„ esse ius ipsius R. vt illa que idem R. habet de dono praedict ' H. I. I. K. illa remiserunt quiete clamauerunt de ipsis H. I. I. K. heredibus suis praefatÌ„ R. hered ' suis imperpetuum Et praeterea ijdem H. I. I. K. concesserunt pro se hered ' ipsius I. quod ipsi warrantÌ„ duas partes tenÌ„torum praedict ' cum pertinÌ„ in tres partes diuidenÌ„ pÌ„f. R. hered ' suis contra oÌ„nes homines imê‘petÌ„ Et pro hac c. A Fine knowledged by I. F. knight and M. his wife and R. H. of two messuages one garden one or chard and of land meadow and pasture to T. P. and I. K. with warrantie against all men And the conusees by the said fine graunt render to the said R. one of the conusors in the fine vi acres of land c. parcel of the premisses for one moneth to come next afterwards the same to remain to one I. now the wife of R. N. R. N. son of the said R and I during their liues and the longer liuer of them And after their deceases the the said vi acres of land to remaine to I. N. daughter of the said R. and I. his wife during her life reseruing a rent with clause of distres for non payment thereof And the residue of the premisses viz. the two messuages one garden one orchard c. the said conusees graunt and render to R. H. for one moneth and afterwards to one R. N. I. his wife To haue to hold to the said R. I. during their liues and the longest liuer of them reseruing also thereupon a rent with a clause of distres for non payment thereof And lastly the said conusees doe graunt and render the reuersion of the whole premisses and the seueral rents reserued vpon the said graunts and renders vnto the said I. F. and M. his wife two of the said conusors and to the heires of the said I. F. for euer PRaec ' I. F. militÌ„ ac M. vxori eius et R. H. quod iuste c. tenent Sect ' 107. T. W. I. K. c. de duobus messuag ' 1. gardinÌ„ 1. pomarÌ„ 21. acris tÌ„re 6. acrÌ„ pratÌ„ 58. acrÌ„ pasturÌ„ cuÌ„ ê‘tinÌ„ in M. Et nisi c. Â¶ Et est concordia talis scz qd ' pÌ„d ' I. M. R. recognÌ„ tenÌ„ta pÌ„d ' cuÌ„ ê‘tinÌ„ esse ius ipsius T. vt illa que ideÌ„ T. I habeÌ„t de dono pÌ„f. I. M. R. Et illa remiserÌ„ quiete clamÌ„ de ipsis I. M. R. hered ' suis pÌ„d ' T. I. hered ' ipsius T. imê‘petuuÌ„ Et pÌ„terea ijdeÌ„ I. F. M. R. concesserÌ„ pro se Warrantie hered ' ipsius I. qd ' ipsi warrantÌ„ tenÌ„ta pÌ„d ' cuÌ„ ê‘tinÌ„ pÌ„f. T. I. hered ' ipsius T. contÌ„ oeÌ„s hoiÌ„es imê‘petuuÌ„ Et pro hac c. ijdem T. I. concesserÌ„ The Render of parcel of the premisses pÌ„d ' R. vj. acrÌ„ terre 3. acrÌ„ pasturÌ„ et 46. acrÌ„ prati de tenÌ„tis pÌ„d ' cum ê‘tinÌ„ illa ei reddiderÌ„ in ead ' curÌ„ Habend ' et et tenend ' eid ' R. pro termino vni mensis iam prox ' futurÌ„ Et post tÌ„minÌ„ illuÌ„ finitÌ„ easd ' 3. acrÌ„ tÌ„re 3. acrÌ„ pratÌ„ 46. acrÌ„ pasturÌ„ cuÌ„ ê‘tinÌ„ integre remanÌ„ cuidaÌ„ I. modo vxori cuiusd ' R. N. cuidaÌ„ R. N. filio eorund ' R. I. Habend ' tenend ' pÌ„f. I. et R. tota vita ipsorÌ„ I. et R. et eorÌ„ alterius diutius viuenÌ„ Et post decessuÌ„ eorund ' I. R. easdem 6. acrÌ„ tÌ„re 3. acras prati 46. acrÌ„ pasturÌ„ cuÌ„ ê‘tinÌ„ integre remanÌ„ I. M. filie pÌ„d ' R. et I. vxoi eius Habend ' et tenend ' eid ' I. filie tota vita eiusd ' Therent I. filie reddend ' inde annuatim pÌ„d ' T. I. hered ' suis centÌ„ 8. s. 10. d' ad sestuÌ„ Annunc ' c. per equales porc ' annuatim soluend ' Et si A clause of distresse contingat praed ' aÌ„nualem redditÌ„ Cviij s. x. d. vel aliqua inde ê‘cella a retro fore in ê‘te vel in toto ê‘aliquod festum festoruÌ„ pÌ„d ' quo siue quibus vt prefertur solui debeat non solutÌ„ Qd ' tunc beneliceat pÌ„d ' T. I. hered ' assignatÌ„ suis tam tota vita naturali pÌ„d ' I. R. N. modo vxoris pÌ„Ä‘ R. eorum alterius diutius viuenÌ„ quaÌ„ tota vita pÌ„d ' I. fil' in pÌ„d ' 6. acras terre c. cum ê‘tinÌ„ in quanilibet inde ê‘cellam intrare distringere districtionÌ„ sic ibid ' captÌ„ liceat inde abducere effugare penes se retinere quousque de pÌ„d ' annuali redditÌ„ Cviij s. x. d. de qualibet inde ê‘cella vna cuÌ„ arrerag ' eiusd ' si que fuerint eis plena sie satisfact ' ê‘solutÌ„ Et vlterius ijdem T. I. concesserÌ„ pÌ„d ' R. H. duo messuagia vnuÌ„ pomatiuÌ„ The render of the residue vnuÌ„ gardinuÌ„ 16. acrÌ„ terre 3. acrÌ„ prati 12. acrÌ„ pasture resid ' cuÌ„ ê‘tinenÌ„ tenÌ„torÌ„ praed ' Et illa ei reddiderÌ„ in eadem curia Habend ' tenend ' eid ' R. pro termino vnius mensis Et post terminuÌ„ ill ' finitÌ„ ead ' duo messuagia vnum gardinÌ„ vnuÌ„ pomarÌ„ xvj acrÌ„ terre tres acrÌ„ prati et duodeceÌ„ acrÌ„ pasture resid ' integre remanere â—uidam R. N. I. vxori eius Habend ' et tenend ' eisdem R. R. I. tota vita ipsorÌ„ R. R. et

' eisdem W. K. hered ' ipsius K. imperpetuum de capitalibus dominis feod ' illius per seruic ' que ad eandem tertiam partem pertinent imperpetuum A Fine knowledged by W. P. and M. his wife of a manor c. one water mille one winde mille iij. douehouses c. to E. B. and R. C. and the conusees by the same fine do graunt vnto the said M. a yerely rent of xij li. going out of the said Manor Habend ' from Michaelmas or Thannunciation next after the death of the said W. P. her husband and one of the conusors in the said fine during her life in full recoÌ„pence of her title of dower or iointure in any of the lands of her said husband with a clause of distresse for the said rent And lastly the said conusees graunt and render againe the said manor c to the said W. P. the conusor and husband to the said M. and to his heires for euer ET est concordia talis scilicet quod praedict ' W. M. recognouerunt Sect ' 110. manerium tenÌ„ta praed ' cum pertinÌ„ esâ—e ius ipsius E. R. vt illa que idem E. R. habent de dono praed ' W. M. Et illa remiserunt quiete clamauerÌ„ de se hered ' suis prefatÌ„ E. R. hered ' ipsius E. imperpetuuÌ„ Et pÌ„terea ijdeÌ„ W. M. concesserÌ„ prose hered ' ipsius W. quod ipsi Warrantie warrantizabunt manerium tenÌ„ta praed ' cum pertinÌ„ prefatÌ„ E. B. R. hered ' ipsius E. contra omnes homines imperpetuum Et pro hac recognicione c. ijdem R. E. concesserunt pÌ„f. M. quandam annualem redditÌ„ A graunt of a rent in recompence of iointure dower xij li. exeunÌ„ de praef Manerio tenementis cum pertinÌ„ Habend ' tenend ' annuatim percipiend ' praed ' annualem redditÌ„ xij li. prefatÌ„ M. assignatÌ„ suis a festo sancti Michaelis Archangeli vel Annunciac ' beate Marie virginis prox immediate sâ—quenÌ„ post mortem praedict ' W. pro durante vita naturali eiusdem Mariae ad duos Anni terminos viz. ad festa sancti Michaelis Arch. Annunc ' beate Mariae virginis equalibus portionibus annuatim soluend ' in plenam recompencionem totius tituli vel Iuncture siue dotis que eidem M. contingere debent de aliquibus terris vel tenÌ„tis pÌ„d ' W. P Et si coÌ„tingat praed ' annual ' redditÌ„ xij li. vel aliquam inde parcellam a retro fore per aliquod festum festoruÌ„ praeÄ‘ quo siue quibus vt prefertur solui debeat Quod tunc tocies bene licebit praed ' M. assignÌ„ suis in praeÄ‘ manerÌ„ tenÌ„tum siue in aliquam inde ê‘cellam intrare distringere districtioneÌ„ siue districtiones sic ibidem captÌ„ abducere effugare penes se retinere quousque de praeÄ‘ annuali redditÌ„ xij li. de qualibet inde parcella vna cum arreragijs eiusdem The render of the manor c. by the conisees to the conusor and his heires for euer si que fuerint plenarie satisfact ' fuerint ê‘solutÌ„ Et vlterius ijdem E. R. concesserunt praed ' W. ManeriuÌ„ et tenÌ„ta pÌ„d ' cum pertinÌ„ illa ei reddiderunt in ead ' curia Habend ' tenend ' praed ' manerÌ„ cum pertinenÌ„ pref W. et hered ' suis impertuuÌ„ Tenend ' c. A Fine knowledged by I. G. and M. his wife to R. R. knight Lord R. of one messuage one barne c. v. s. rent the parsonage of B. and the aduowson of the vicarage of B. with warrantie against the conusor and his wife the heires of the husband PRaecipe I. G. alias G. M. vxori eius quod ipse c. teneat Sect ' 111. R. R. militÌ„ domino R. conuencionem c. de vno mesuagio vno horreo xv acris terre 6. acris prati 20. acris pasture v. s. redditÌ„ cum pertinenÌ„ in B. ac de rectoria de B. praedict ' Necnon de aduocatione vicarÌ„ Ecclesiae de B. Et nisi c. Â¶ Et est concordia talis scilicet quod praedict ' I. et M. recognoueruÌ„t praedict ' tenÌ„ta redditÌ„ rectoriam cum pertinenÌ„ ac aduocac ' praed ' esse ius ipsius dnÌ„i R. vt illa que idem dnÌ„us R. habet de pÌ„d ' I. M. illa remiserÌ„ quiete clamauerÌ„ de ipsis I. et M. hered ' suis praefatÌ„ dominÌ„ R. hered ' suis Et preterea ijdem I. M. concesserunt prose hered ' ipsius I. quod ipsi warrantÌ„ praed ' dnÌ„o R. hered suis praeÄ‘ tenÌ„ta redditÌ„ et rectoriam cum pertinÌ„ ac aduocac ' pÌ„d ' contra praeÄ‘ I. et M. et hered ' ipsius I. imperpetuum Et pro hac c. A Fine knowledged by I. S and M. his wife of one garden c. with two seueral warranties The first warranty against the conusors and their heires onely and in the second the said I. S and M. his wife graunt to warrant the premisses for them and the heires of the husband against all men PRaecipe I. S. M. vxori eius quod iuste c. teneant N. Sect ' 112. W. coÌ„uencionem inter eos fact ' de vno gardino et decem acrÌ„ terre cum pertinÌ„ in S. Et nisi c. Â¶ Et est concordia talis scilicet quod praedict ' I. M. recognouerunt tenÌ„ta praed ' cum pertinÌ„ esse ius ipsius N. Et illa remiserunt quiete clamÌ„ de ipsis I. M. hered ' suis prefatÌ„ N. hered ' suis E. imperpetuum Et The first warâ—antiâ— pÌ„terea ijdeÌ„ I. M. concesserÌ„ prose hered ' ipsius I. quod ipsi warrantizabunt tenÌ„ta praed ' cum pertinÌ„ prefatÌ„ N. hered ' suis imperpetuum The second warrantie Et preterea ijdem I. et N. concesserÌ„ pro se hered ' ipsius I. quod ipsi warrantÌ„ praed ' tenÌ„ta cum pertinÌ„ pref N. et hereÄ‘ suis contra omnes homines imperpetuum Et pro hac c. A Fine knowledged by E. R. of a manor c. twelue messuages x. toftes x. gardens ij winde milles c. and vi li. rent with warrantie against all men PRaecipe E. R. armig ' quod iuste c. teneat H. W. gentÌ„ Sect ' 113. conuentionem intereosfact ' de manerio de S. cum ê‘tinÌ„ ac de xij mesuagijs x. toftis x. gardâ—is duob ' molenÄ‘ ventilibus 600. acris terre 40. acris prati 6. acris pasture ducentÌ„ acrÌ„ bosci quingentÌ„ acris iampnÌ„ et bruere et vj. li. redditÌ„ cum pertinÌ„ in c. Et nisi c. Â¶ Et est concordia talis scilicet quod praeâ— E. R. recognouit manerium tenementa et

in him 38. E. 3. 20. Nor tenant in taile after possibility of issue extinct for the inheritance which was once in him 43. Ed. 3. 1. 46. E. 3. 13. 27. A particuler tenant of lands holden in Capite is not â—â—pellable to T. for life of lands in capite atturne without sight of a licence of alienation least his lands should be be subiect to a fine for the alienation without licence 45. E. 3. 6. If A. and B. haue an estate for ten yeeres as executors and B. haue Executors fiue yeres in reuersion in his owne right he must atturne because he is possessed of yâ— who le terme the atturnement of one executor of a terme is good enough 32. E. 3. â—itz Quid iuris clamÌ„ 5. per Stanhoppe But if A. lease to B. and C. for vi yeres and after confirme the estate T. pur viâ— ouâ— A. pur ans of B. for life the note of the fine shal make mention of B. onely per Seton 32. E. 3. Fitz. Quid iurÌ„ clamÌ„ 5. If tenant in dower or by curtesie grant their estate yet the Quid iurÌ„ T. Dower T. Curtesiâ— clamÌ„ lyeth against them for none but they can be tenant in dower or by the curtesie 18. E. 3. 5. If a lease for yeres with liuery be vpon condition that if the lessee T. for yeeres vpon conditioÌ„ pay x. li. such a day or the lessor die within the terme c. he shall haue fee If before the day the lessor alien by fine this tenant shall attourne Saluis aduantagijs And yet if he pay the x. li. at the day or the leassor die during the terme the lessee shall haue fee 6. R. 2. Fitz. Quid iuris clamat 20. If a Quid iuris clamat be against two as tenants in comen he which Vers T. in coÌ„men appeareth must atturne if he plede not that they are ioint tenants 16. E. 3. Fitz. Quid iurÌ„ clamÌ„ 21. If a particuler tenant graunt ouer his estate after the note leuied yet After assignement must he atturne 17. E. 3. Fitz. Quid iurÌ„ clamat 11. If the tenant attorne once vpon the grant of the cognisor he shall attorne Once attorne no more 4. E. 2. Fitz. Quid iurÌ„ clamat 45. If a ioint tenant or tenant in commen of a reuersion graunt his part Ioint tenant Tenant in commen by fine the particuler tenant shall not be compelled to attorne 5. Ed. 3. Fitz. Quid iuris clamÌ„ 40. Vpon a lease for life vpon condition that if the lessee die within 20. TenaÌ„t for life vpon conditioÌ„ yeres that his executors administrators or assignes shall hold vnto the end of 20. yeres the lessee shall attorne as tenant for life with protestation to saue his interest 16. E. 3. 20. E. 3. Fitz. Quid iurÌ„ clamÌ„ 22. 31. If the reuersion of 2. ioint tenants for life be graunted by fine supposing Ioint tenaÌ„t of a reuersion th one to be sole tenant the tenant is not compellable to attorne 32. E. 3. Fitz. Quid iuris clamÌ„ 5. per Seton But tenant by Statute or Elegit seemeth not compellable to attorne T. by Elegit because the cognisor cannot compell him to accompt and he may holde the lands after his summe satisfied vntil he haue leuied his damages 6. E. 3. 53. Fitz. Fines 99. E. 3. Fitz. Quid iurÌ„ clamÌ„ 47. Nor a tenant for life where the husband sole is cognisor of his wifes Baron sole cognisor land for if he do at torne the wife suruyuing her husband may enter for forfaiture 27. E. 3. And a Clark which hath no lay fee is not compellable to attorne 38. A Clark E. 3. 28. Nor a tenant for life in reuersion or remainder 34. H. 6. b. Reuersion Nor tenant in frankmariage Lib. intrÌ„ Quid iuris clamat 11. Frankmariage Infant Ideot Nor an Infant 43. E. 3. 1. Nor a Lunatique madman or Ideot as it seemeth because of their disabilities But attournement made by such persons as are able but not compellable to attourne is good 12. E. 4. Natu. br fo 170. b. And an attornement may be with an exception if the tenant haue a With exception lease for life without impeachment of wast as he may atturne sauing his aduantage it shal be so entred 45. E. 3. 11. 24. E. 3. If the tenant haue couenaÌ„ts to repaire c. 48. E. 3. 32. Or haue an Annuitie Couenants out of the land 48. E. 3. 32. Or couenant of warrantie or acquitaile Annuitie Warrantie Acquitall Graunt 41. E. 3. 48. Or to felle trees he may atturne sauing these aduantages If A. seised of lands in fee thereof infeoffe B. to thuse of the said A. for life and after to thuse of his executors assignes for xx yeres after RemÌ„ in fee. his death And then to thuse of C. in fee Quere if A. shal be compelled to atturne in Quid iurÌ„ clamat supposing him tenant for life onely not mencioning yâ— terme without sauing of his terme by protestation Dyeâ— fol. 309. pl. 77. 14. Eliz. No view lieth in Quid iurâ—s clamat 15. E. 4. 28. What plees will barre the plaintife of atturnement IF yâ— tenant plede that he is seised in fee the day of the note leuied without Sect ' 162. Seisin in fee. that that he was then seised for life without shewing how he is so seised 15. E. 4. 28 1. H. 7. 27. Or if the tenant for life plede that before the fine an estraunger was The conusor had nothing seised in fee and released vnto him in fee. Without that that the recognisor had any thing in the lands the day of the note leuied 3. H. 4. 3. If a perticuler tenant plede he holdeth not of the cognisor the day of Nontenâ—re the note leuied he must shew what estate he claimeth and from whom 3. E. 3. 6. Fitz. Quid iuris clamat 6. 14. E. 3. Fitz. Quid iurÌ„ 9. But if he claime fee he shal not shew howe 14. E. 3. 3. Fitz. Fines 7. Seisin in fee. but trauerse that he holdeth for life 1. H. 7. 27. Leassee for viii yeres vpon condition that if the lessor alien within the Sesi de tali â—atu qual c. terme he shall haue fee cannot alleage that and say that he claimeth estate according to the tenour of his deede but must pleade his estate certainly 2. E. 2. Fitz. Quid iuris clamat 38. If the tenant confesse for part and plede a plee which may forfait his For parcell estate therein he must attorne by and by 11. H. 4. 57. Contra 22. 3. 18. Fitz. Fines 33. Release of the cognisor before the cognisans to the heire or his auncestors Releas in fee is a good barre 44. E. 3. 34. If leassee pur ans claime pur vie faile de ceo il forfeit son terme

for the rent and then he must show the commencement thereof and his title thereunto which the plaintife may answere 31. H. 6. 8. 36. H. 6. In Quem redd ' reddit if the tenant wil disclaime he may plede that Disclaimer he was not tenant of the land the day of the note leuied for this writ lyeth against none but him which is then tenant 8. H. 6. 15. I write thus briefely of this writ because it so much resembleth a Quid iuris clamat Per que seruitia PEr que seruitia is a Iudiciall writ issuing from the note of a fine Sect ' 167. lyeth for the Cognisee of a manor seigniory chiefe rent or other seruices to compel him that is tenant of the land at the time of the note of the fine leuied to attorne vnto him 43. E. 3. 8. H. 6. 17. Plow 46. b. which is made thus Regina c. Vic' K. salutem Praecipimus tibi quod venire facias coram The writ Iusticiarijs nostris apud W. in crastinÌ„ c. S. F. R. L. c. ad L. c. ad cognoscend ' per que seruitia tenent tenÌ„ta sua cum pertinÌ„ in B. que seruitia E. L. in curia nostrÌ„ coram Iusticiarijs nrÌ„is apud W. concesâ—it W. B. per finem ibi inde inter â—os factum Et habeas ibi hoc breue Teste c. If the Lord grant the seruices of his tenant by fine or otherwise the Lord before attornemeÌ„t shal haue such things as lye in prender as the warde of the bodie of the heire and of the lande escheates c. But not such things as lie in render as rents and reliefe heriots other feruiuices for he cannot auow for them before the atturnement If a man graunt the seruices of his tenant for life this writ lieth Br. Sur graunt for life Per que seruitia 13. If seruices be graunted to I. S. for life the reuersion to N. N. and I. S. die before atturnement he in reuersion shall haue Per que seruitia 20. H. 6. 7. If Per que seruitia be brought against diuerse of which some onely appeare they are compellable to atturne 21. E. 3. 48. T. 32. E. 3. Vpon whose alienations the tenant is not compellable to atturne IF tenant in taile of seruices leuie a fine thereof the tenant of the land Sect ' 168. Tâ—â— taile is not compellable to atturne 48. E. 3. 23. Because that if the cognisor die the tenant is subiect to the distresse both of the cognisee of the issue in taile 24. E. 3. 25. 43. E. 3. Neuerthelesse vpon a fine with proclamation in such case which barreth the issue in taile the tenant seemeth compellable to atturne If a fine be leuied by him which was neuer seased of the seruices the Conisor neuer seased tenant is not compellable to atturne H. 6. E. 2. If the tenant for life or any other particuler tenant of seruices which To a ê‘ticuler tenant haue them not in fee leuie a fine thereof the terre tenant is not compellable to attorne ltinÌ„ North. 3. E. 3. If one ioint tenant of a seiguiory graunt c. the tenant is not compellable Iointenancy to attorne 9. E. 2. Against whom a Per que seruitia lieth and whom not IT lieth against him onely that is tenant of the land at the time of the Sect ' 169. Terre tenant note of the fine leuied 8. H. 6. 17. 18. E. 4. 10. And therefore must not varie from the fine 18. E. 4. 10. 45. E. 3. 25. E. 3. 50. Therefore it seemeth that if he which is tenant at the leuying of the note do die or alien before attornemeÌ„t had that neither his heire nor the alienee is compellable to attorne H. 26. E. 3. 56. 18. E. 4. 25. E. 3. 50. 10 yet his attornement is good Ibid ' M. 31. E. 3. Ar Pioresse recluse is compellable to atturne 43. E. 3. And an infant A Recluse 26. E. 3. 62. And a man only dumbe by writing or signes 26. E. 3. 62. But a man surde mute is not coÌ„pellable to atturne 26. E. 3. 62. Mute Deafe Madnesse Nor a man de non sane memoriae as a madman a lunatike an Ideot 26. E. 3. 62. Nor a tenant by curtesie for the feeblenesse of his estate 9. E. 3. 31. T. by curtesy Late feoffemÌ„t He that is infeoffed by the Lord post StatÌ„ Quia emptores c. is not coÌ„pellable to atturne for he holdeth of the Lord peramouÌ„t 39. E. 3. 19. The writ of Per que seruitia ought to shew the quantity of the tenanâ—y Quantity H. 14. E. 3. for it is trauersable T. 20. E. 3. H. 26. H. 6. All persons that may be Cognisees may haue this writ Per que seruitia ought to be in the Countie where the fine is knowledged County albeit the mannor be in one Countie and the seruices in an other Countie 21. E. 3. 18. Nonsuite in this action is not peremptorie 24. E. 3. 25. nor the death Nonsuite of the Cognisor after the note leuied Per que seruitia lieth a yere or more after the note leuied 29. E. 3. 46. Time Atturney After peremptorie issue ioined the tenant in Per que seruitia may make Atturney for if the issue be tried against him it doth counteruaile atturnement and then he may be distreined before atturnement 48. E. 3. 24. 39. E. 3. 26. Nontenure the day of the note leuied is a good barre in Per que seruitia Nontenure 8. H. 6. 17. 21. H. 4. 72. It is also a good plea that before the note leuied the Cognisor graunted Former grant the seruices to an other and that he thereupon did atturne 9. E. 3. 31 The tenant in Per que seruitia cannot disclaime but may plede Non Disclaime tenure vt supra 21. H. 4. 72. After iudgement processe is Distringas ad atturnandum 4. E. 3. 2. E. Processe post iudicium 3. 9. 5. E. 4. 2. If the mesne leuie a fine of his mesâ—altie to A. for life the Remainder Atturnement with an exception to B. in fee A. bringeth a Per que seruitia and the tenant atturneth hauing his acquital yet shall not he in the remainder auowe before he also acknowledged the acquitaile 18. E. 4. 7. But a feme Couert tannot confesse acquitaile in Per que seruitia because Feme couert Acquitaile she is not examinable in this suit 9. E. 2. 45. E. 3. And the tenant may atturne sauing Acquitaile and warrantie according to a deed thereof M. 15. E. 3. 5. H. 5. E. 3. E. Itinere North. A man may graunt seruices before he haue seisin thereof in fait H. 6. Seisin E. 2. Fitz. Per que seruitia 22. It seemeth vpon the graunt of a Manor cum ê‘tinÌ„ the seruices passe A manor without atturnement as parcel

did owe by Lawe vnto the partie slaine any ciuill obedience it is in some cases termed petie treason As if the wife kill her husband the seruant his Master or Mistres or a Clerke his Ordinary by reason of the reciprocall trust and loyaltie which the law requireth betweene such persons and this offence is therefore farre more heynous then any of thother of homicides Homicide casuall THus briefly of Homicides willingly done Homicide casual which Sect. 48. may also be termed Homicide by mischance misfortune or misaduenture is when he that killeth an other had no will intent mind or purpose so to do or the man is slaine by some other thing then a man In which case thâ—ffender is to haue his pardon of course for life land but yet must loose his goods And this homicide is either mearely casuall or mixt By Chaunce HOmicide by meare chaunce is when by meare fortune against the Sect. 49. minde of the killer a man is slaine As if one hewing the are flieth of the shafte and kill one or if a man lopping a tree warneth the by-standers that the tree is ready to fall and yet by the same some of them is slaine or in throwing tiles from an house or such other lawfull acts or the party is killed by some other thing then man by misfortune as by falling from an horse or cart by a stroke of an horse or any other moueable thing then man In which case the thing which killed him and all things that moued the same are forfaited to the Queene and termed a Deodand as if a cart wheele go ouer a man and kill him the wheele cart and al things therein and the horses that drew the same be all Deodans 3. E. 3. vndeversus Omnia quae mouent ad mortem sunt Deodanda Dyer fo 78. pl. 37. Mixte MIxt is when the killers ignorance or negligence is ioyned with Sect. 50. the chauÌ„ce as if a man loppe trees by an high way side by which many vsually tâ—auaile and cast downe a bough not giuing warning to take heed thereof by which bough one passing by is slaine in whith case he offendeth because he gaue no warning that the party might haue taken heed to himselfe Thus you see the diuers kinds of Manslaughter Slaughter of beasts THe slaughter of beasts foloweth by what meane soeuer it coÌ„meth Sect. 51. which is a damage done by iniurie and wrong guile or default against the Law which might or ought to haue beene taken heed of Of this offence springeth an action to the owner of the beast according as the value thereof shall be esteemed by a Iurie Burning THus farre of slaughters of man and beast burning ensueth which Sect. 52. is also felony as the wilfull burning of a dwelling house 3. H. 7. 10. And burning of a barne adioyning to a dwelling house by night 11. H. 7. fol. 1. And burning of a barne with corne not adioyning to a dwelling house by day Offences transitorie ANd these concerning offences of continuing facts those follow Sect. 53. which are of transitorie or momentarie factes as vnlawfull copulation burglarie and theft Adulterie and fornication VNlawfull copulation is euerie carnall coniunction had out of Sect. 54. lawfull matrimonie and it is termed fornication or adulterie which is first either naturall or against nature and either voluntary or violent Fornication naturally committed is betweene man and woman which if it be perpetrated betweene kinsfolks is said to be incest Copulation vilent is termed a rape or rauishment of a woman against her will which is carnall knowledge had of a woman who neuer consented thereunto before the fact nor after and this offence is felony in the principall and his aydors 11. H. 4. 13. 1. E. 4. 1. WestmÌ„ 2. cap. 13. And carnall abuse of a woman childe vnder x. yeeres old is felony 18. Eliz. cap. 6. Sodomy or buggery COpulation against nature is by male or female against nature or Sect. 55. by female with female or with beasts which is called Sodomy or buggery 25. H. 8. cap. 5. 5. Eliz. cap. 17. which be felony Burglarie BVrglarie is a felonious entring into an other maÌ„s dwelling house Sect. 56. wherein some person is or into a Church in the night time to the end to commit some felony therein as to kill some man or to steale somewhat thence or to do some other such felonious act there albeit he execute not the same if thintent or fact of this offender be to steale this is like robberie If to murder it differeth not much from murderers so of other felonies House-robbing THe offence against the Statutes of 23. H. 8. cap. 1. and 3. Edw. 6. Sect. 67. cap. 9. somewhat resemble this for by them it is ordained that if any person do robbe another in any part of his dwelling place or in his booth or tent in any faire or market and the owner of his wife children or seruants being within the same he committeth felony Theft THeft ensueth in which not so much the destruction of a thing as Sect. 58. the taking away of the same chaunceth Theft is an vnlawfull felonious taking away of another mans moueable personall goods against the owners wil with intent to steale them And it is from the person or in presence of the owner or in his absence From the person THeft from the owners person or presence is of two sortes th one Sect. 59. putting thowner in feare thother not Robberie RObberie is a felonious taking away of another mans goods from Sect. 60. his person or presence against his will putting him in feare and of purpose to steale the same goods And this robbery is sometime termed violent theft because the party is in the law thereby terrified Without feare THeft froÌ„ thowners person not putting him in feare is by cutting Sect. 61 or picking his purse and stealing the money or purse or both this is done sleightly without the owners feare and priuity But to perfect this offence an actuall possession of the thing taken once seuered from the person of the owner seemeth necessarie in the offendor and that the thing stollen exceed the valew of xii pence Theft of goods in the owners absence is termed Larcâ—ny which is nothing else but a felonious and fraudulent taking away of another maÌ„s moueable personal goods not being vpon the person of the owner nor in his presence And Larciny in respect of the thinges stollen is either great or small For great Larciny is when the things stollen though they be taken at seuerall times exceede the valew of xii d And petie Larcinie is when the goods so taken exceede not the valew of xii d Hurting and violence NOw then crimes comming from the destruction of things being Sect. 62. thus hastely run ouer Let vs steppe on to thother which haue their name of the hurting of the thing and violent hurting destroyeth not the body

and a daughter by another ventre the sonne dieth without issue before the will be performed his sister of the whole bloud is to haue execution of the state by the feoffees for possessio fratris de feodo of an vse facit sororem esse haeredem the will for yeares is no impediment of the possession But otherwise if it had bin of franktenement by the Reporter 5. E. 4. 7. If A. seised in fee to the vse of a woman who taketh an husband he selleth the land to S. for money which yâ— wife receiueth A. at their request infeffe the vendee the husbaÌ„d dieth the wife may haue a Subpena against the vendee hauing notice hereof or else against the feoffee for recompence for this is the sale of the husband onely 7. E. 4. 14. If M. know that W. is infeoffed to mine vse or of my will or hath goods giuen to him to mine vse and buy the lands or goods for money a Subpena lieth against the vendor and vendee to performe the will or vse 5. E. 4. 7. 11. E. 4. 8. Diuers Cuâ— 106. But against the vendor only if the vendee haue no such notice Diuers Cuâ— 106. A man by Subpena may enforce his feoffee of trust to bring actions in their names 7. E. 4. 29. as trespas against trespassors 11. E. 4. 8. yet if the feoffee had released to the trespassor Cestuy que vse had bin remediles 11. E. 4. 8. or Assise 2. E. 4. 2. or trespas for goods giuen to his vse taken away 7. E. 4. 29. But not an appeale of Robberie because they be not compelable to ioyne battaile 7. E. 4. 29. If a feoffement be made to the chiefe Lord or others to vses he may refuse to execute the estate for extinguishing of his Seigniorie and no Subpena lieth against him 16. E. 4. 4. The heire of the feoffee in trust being in by discent is compellable by Subpena to execute an estate according to the trust 22. E. 4. 6. If a wife will that her feoffees shall infeoffe her husband he may not compell them thereunto for the will of a wife in this case is void 18. E. 4. 11. If A. be bound to F. to the vse of C. C. in Chauncerie may compell F. to sue A. for the same 2. E. 4. 2. If R. deliuer money to A. to deliuer to his executors or administrators to dispose c. and deliuer A. the same vpon bond to B. to keepe and redeliuer to him R. dieth his executors or administrators may in ChaÌ„cery compell A. to sue the obligors for the money 4. E. 4. 37. If P. be bound in a statute staple to I. and H to the vse of I H. releas P no Subpena lieth against P. notwithstanding that he had notice of thuse for euery man may lawfully aide himselfe 11. E. 4. 8. Diuers Cur. 106. The like of an Obligation to two to thuse of one the remedie is against him that did so releas Diuers Cur. 106. 11. E. 4. 8. If A. be bound to B. to thuse of C. and B. release C. may haue remedie therefore in Chauncerie 7. H. 7. 11. If a man pay debt due by specialtie without an acquitance or haue an acquitance and loose it he shall haue remedy in Chauncery 22. E. 4. 6. 7. H. 7. 11. But it seemeth to be otherwise if the debt be by matter of record for else might all Records be auoided by witnesses which would distroy the common Law 22. E. 4. 6. Diuers Cur. 106. D. and S. lib. 1. cap. 12. A Subpena lyeth on a promise or agreement by word as to build a house or do any other lawfull act 8. E 4. 4. Diuers Cur. 105. An action lieth against Executors in ChauÌ„cerie vpon a simple contract without specialty 7. H. 7. 11. If there be 2. obligors and the obligee giue longer day of payment to th one of them sue thother he may haue a Subpena 6. E. 4. 41. If goods be giuen to defraud creditors they may haue remedie in ChauÌ„cerie against the donees or such as haue the possessioÌ„ of the goods 16. E. 4. 9. If a man be suertiâ—â—or an others debt and the debtor and others be bound to saue the suertie harmeles the suretie haue also goods deliuered by the debtor to saue him harmeles NotwithstaÌ„ding the suerty pay the debt yet if he sue his Obligation the debtor may haue a Subpena for restitution of his goods so pawned for the same least he should be twice charged therefore 16. E. 4. 9. If a man buy a debt due by obligation and be bound to pay a summe of money to the vendor for it yet for so much as the thing sold is chose in action in the vendee he can haue no propertie and therefore hath not quid pro quo the vendee may be relieued in Equitie for his owne obligation 37. H. 6. 13. And for euidence whereof the plaintife knoweth neither the certain contents nor contentment he may haue remedy in Chauncery Diuers Cur. 105. Learne whether if a transitorie personall action be sued in a forein Countie the defendant may stay the plaintife in Chauncerie by Iniunction Diuers Cur. 106. So necessarie be the remedies in Chaunceri e vpon equities allowed by law that it seemeth to some not inconuenient to haue assigned such remedies for the 7. ground of the Lawes of this Realme which are said to consist of 6. grounds onely First the Law of Reason 2. The Law of God 3. Generall Customes of the Realme 4. Principles or Maxims of Law 5. Particuler Customes vsed onely in certein places of this Realme 6. Acts of Parliament Doct. Stu. Lib. 1. cap. 3. 4. 5. 6. 7. 8. 9. 10. 11. and 17. If a man bound in a single Obligation or bill of debt pay the money according to the bond neither taking an acquitance thereof nor cancelling the specialtie of the same he is by the common Law chargeable to pay the same debt againe by vertue of the said specialtie But may haue remedy thereof in the Chauncerie Doct. Stu. Lib. 2. cap. 6. 1. H. 7. fol. 14. Â¶ A view of certeine cases wherein the partie grieued seemeth wronged Sect. 19. in Conscience and yet is remedilesse in Chauncery OF an vniust wager of Law in an action of debt vpon a simple coÌ„tract Doct. Stu. Lib. 1. cap. 18. Of a false verdict by a graund Iurie in Attaint Doct. Stu. Lib. 1. cap. 18. For damages where a man hath right or title to land in the possession of another and may by action recouer onely the land but no dammages for the meane occupation there is no remedie for the same damages in Chauncerie As if the tenant in taile be disseised and the disseisor die seised and his heire is in by discent aâ—â—â—st whom the issue in taile bringeth a Formedon he may recouer the land but no damages D. S. lib. 1. cap. 19. A man may not deny that which he

law D. S. lib. 1. cap. 30. 44. E. 3. 5. 2. H. 4. 13. Fitz. Na. br fol. 152. If tenant in taile be disseised and die and a collaterall aunceâ—â—er to the heire in taile release to the disseisor with warrantie and die and the same warrantie discend vpon the said heire he is barred in law and conscience D. S. cap. 31. 35. H. 6. 63. 41. E. 3. 7. 45. E. 3. 23. 19. H. 6. 59. 15. H. 7. 9. 10. 21. H. 7. 39. 3. H. 7. 9. Tenant in taile after possibilitie of issue is dispunishable for wast by law and conscience because he had once inheritance 45. E. 3. 3. 39. E. 3. 16. and thereby power to wast without punishment which power endureth so long as his estate D. S. lib. 2. cap. 1. If a man be outlawed before he haue knowledge of the suit albeit the surmised cause of action be vntrue yet the Queene may haue his goods by Law and conscience by reason of his disobedience in not appearing to the hindrance of the effect of law for he is bound to take notice of the suit being of record at his perill And the forfeiture groweth by a generall Maxime made for the necessarie execution of Iustice But it seemeth the defendant may haue remedie in conscience against him which caused him to be outlawed without iust cause D. St. lib. 2. cap. 3. 21. H. 7. 7. 9. H. 6. 20. If an estranger do wast lands which another holdeth for yeares life in dower or by the curtesie without the tenants assent the owner of the reuersion may recouer the place wasted and treble dammages against the tenant in law And in conscience notwithstanding that the stranger be insufficient to recompence him for the same for it is his owne act and follie to take such estate subiect to the chance D. S. lib. 2. cap. 4. If a real action be brought by a very lawfull heire and yet bastardie being pleaded in him he is vntruely certified by the Ordinarie to be a bastard and so barred the tenant knowing this certificate to be vntrue ought not in conscience to reteyne the land yet is there no remedie for him in law nor in Chauncerie as it seemeth for that the Bishops certificat is the highest triall that the law affordeth in this behalfe And euery stranger may take aduantage of this certificate and no moe writs may be awarded for further trialll of the trueth thereof for the auoyding of the incoÌ„uenience which might happen if another Bishop should certifie such bastard to be legitimate D. S. lib. 2. cap. 5. If a feoffement in fee be made without deed or a gift in taile or a lease for life the remainder ouer in fee Or if tenant for â—fe graunt his whole estate by deed Poll reseruing rent in these cases the reseruation is void in law and there is no remedie therefore but in conscience D. S. lib. 2. cap. 9. Learne whether Executors or Administrators hauing assets be compellable in Chauncerie to make amends for trespasse done by their testator or to pay debt due by him vpon a simple contract Do. St. lib. 2. cap. 10. If tenant in fee haue two sonnes and die and I. S. abate and thelder sonne make his executors and dieth and the yonger recouereth against the abator in Assise of Mortdauncester the lands and damages from the death of his Father the executors of the elder brother haue no remedie for the damages accrued in his life time as it seemeth Do. Stu. lib. 2. cap. 13. Tenant in dower hath no remedie in Equitie against the alienee of her husband for damages growing betweene his death and her demauÌ„d D. S. lib. 2. cap. 13. Tenant for life disseised dieth his disseisor dieth his heire entreth against whom the owner of the reuersion recouereth the landes but no damages by law nor Equitie D. S. lib. 2. cap. 13. If a man seised of lands knowing that an other hath good right thervnto leuieth a fine with proclamation to extinguish such right And maketh no claime within v. yeres he is remedilesse in law and Equitie D. S. lib. 2. cap. 14. A man seised of lands in fee hath a daughter she marieth and hath issue her father dieth the husband so soone as he knoweth of his fathers death hasteth to take possession of the land but before he come to it his wife dieth he shal not be tenant by the Curtesie of England by law nor conscience because he had not actual possession thereof in the life time of his wife D. S. lib. 2. cap. 15. If without consideration a new rent be graunted without deede or a reuersion without attornement the grauntee is remedilesse Do. St. lib. 2. cap. 15. A man seised in fee of lands holden by Knights seruice deuiseth the whole to A. B. the deuisee thereof is remedilesse for a third part thereof for that there is no Maxime in law for him D. S. li. 2. ca. 15. If the tenant make a feoffement of the land which he holdeth by prioritie taketh estate thereof backe againe and dieth the Lord of whom he held by priority is remedilesse D. S. lib. 2. cap. 15. If the grauntee of a rent charge take a feoffement from the grauntor of parcel of the lands charged to his owne vse the whole rent is extinct by the vnitie of possession because such rent is against common right And the law deemeth it his owne folie to accept the feoffement and neither his ignorance of the deede nor of the law can helpe him D. S. lib. 2. cap. 16. 17. Yet Quaere in Equitie because the grauntor himselfe is priuie to the said feoffement D. S. lib. 2. cap. 17. A. graunteth a rent charge out of two acres of land vnto B. and then infeoffeth H. of the one acre in fee to his vse and after H. intending to extinguish the whole right causeth the same acre to be recouered against him by common recouerie in a writ of Entre sur disseisin in le Post in the name of the said grauntee not knowing thereof and of an other man who by force thereof entreth and dieth so that the grauntee is sole seised of all the same acre by suruiuor to thuse of the said H. The whole rent is hereby extinct by law through the vnitie of possession though the vse be to H. it is also extinct in conscience as to the grauntor because he is neither party nor priuie to that by which thextinguishment groweth But Quere whether in conscience the grauntee ought to haue the whole rent of H. who caused the said recouerie to be so had Do. S. Lib. 2. cap. 17. If a Villein graunted for life purchaseth lands in fee and the grauntee entreth before the villein alieneth the same the grauntee shall haue the land for euer as a perquisite by reason of the villein And this both by Law 5. E. 4. 61. and by conscience D. S. lib. 2. cap. 18. Perkins Sect ' 94. 95. 96. 97.

he giue him day to replie By which day if he do not replie the defendant may procure a dismission and get costes Et dicta videtur Replicatio quod vel implicatam quasi tectam exceptionis iniquitatem replicet patefaciat vel potius quod equitatem actionisab excipiente rei tectam quasi complicatam explicet atque aperiat Hottamanus And a title of a Replication is thus The Replication of W. P. Complainant to the answere of R. C. defendant What a Reioinder is A Reioinder is thanswere which the defendant maketh to the plaintifes Sect. 66. replication which must pursue and confirme his aunswere and not swarue from the same and sufficiently confesse and auoide denie or trauerse each materiall part of the plaintifes replication Est autem reiunctio seu duplicatio vel allegatio quae datur reo ad infirmandum replicationem actoris confirmandum exceptionem rei Spieg. If the parties be not at issue by reason of some new matter disclosed in the defendants reioinder that requireth aunswere Then may the plaintife Surreioine to the said reioinder and the defendant in like maner to the Surreioinder if there be cause which happeneth verie seldome And the title of a Reioinder is thus The reioinder of C. A. defendant to the Replication of E. W complainant What a Surreioinder is A Surreioinder is a second defence of the plaintifes action opposite Sect ' 67. to the defendants reioinder And therefore Hottamanus calleth it Triplicatio quae est secunda actionis defensio contra rei duplicationem opposita And thus is the title of a Surreioinder The Surreioinder of E. W. complainant to the Reioinder of C. A. defendant A Bill of complaint for entring into and making secret estates of Copyhold lands wasting part therof mingling part therof with the lands of others to disinherite the Plaintife by hauing the Copies therof HVmbly complayning sheweth vnto your Honorable L. H. E. of Sect ' 68. B. in the Countie of Yorke Esqu That whereas H. E. late of S. Esquier deceased father to your Orator was in his life time by good and lawfull conueyance and assurance in the law lawfully seised to him and to his heires in fee simple according to the Custome of the manor of W. in the said Countie of Y. of one Copyhold or Customarie mesuage or tenement and of certaine Customarie lands meadowes and pasture to the quantitie of one hundred acres or thereabouts And the said H. E. your Orators father so being thereof seised as aforesaid and being visited with sicknes during the minoritie of your said Orator by good and lawfull conueyance and assurance in the law and according to the custome of the said manor of W. did conuey assure and surrender the said Copyhold or customarie mesuage or tenements and other the premisses with the appurtenances into the hands of A. B. the Lord of the said manor for the better maintenance and to the vse of your said Orator To haue and to hold to your said Orator and to his heires and assignes at the will of the Lord according to the custome of the said manor By force whereof your honors sayd Orator in the Court of the said manor paied his fine and was of the said Copyhold Customary tenements with the appurtenances by the then Steward of the said manor of W. admitted tenant But so it is if it may please your honor that all the Euidences and Copies of and concerning the said mesuage lands tenements and premisses being left in the hands custodie and possession of your Orators said father whilest he liued in right belonging vnto your Lordships said Orator are now by casuall and sinister meanes comen to the hands and possession of one H. H. of O. in the said Countie of Y. who by colour of the hauing thereof hath wrongfully entred into the said mesuage lands and premisses aforesaid and hath made and conueyed vnto himselfe and to others to his vse diuers and sundry secret estates thereof and doth pretend wholie to disinherite your Lordships said Orator of the same notwithstanding your said Orator hath by diuers and sundry meanes in friendly maner oftentimes sought to haue the said Euidences and Copyes and requested the same at the hands of the said H. H. and also that he would yeld vnto your said Orator the quiet possession of the said mesuage lands and premisses to whom he doth well know the same in right to belong and appertaine yet that to do he hath not onely denyed and refused and still doth denie and refuse to do the same But of his further malice against your said Orator he doth threaten your Orator in such sort that your Orator for want of the said Euidences and Copyes dareth not make his iust and lawfull entrie in and to the same And also the said H. hath committed and doth continue daily great and outragious wastes and spoyles in decaying of the houses felling downe of the wood and tymber trees of the premisses to your Orators great losse and disinherison and contrarie to all right equitie and good conscience In tender consideration whereof and forasmuch as by the strict course of the common Lawes of this Realme your Lordships said Orator hath not any ordinarie remedie for the obteyning and recouering of the said Euidences and Copyes for want of the certeine knowledge of the contents and dates thereof and what in them be conteyned neyther can your Orator learne against whom to commence any suit for the said mesuage lands and premisses for that the said H. H. and others to your Orator altogether vnknowen haue confederated them selues together against your said Orator and haue contriued and made amongst them selues diuers secreat estates conueyances and haue so intermingled the same to and with other lands tenements and hereditaments to and with certeine of their owne freehold and inheritance that your Orator knoweth not which the same be nor how much thereof the said H. H. other his confederates do seuerally hold whereby to commence any action or suit or make any lawfull entrie into or for the same without your Orators great daunger And yet your Orator hopeth that vpon the corporall Oath of the said H. H. he will manifest such matter whereby your Orator may the more better easily and readily proceede and attaine to the recouering of his iust lawfull right and inheritance of the premisses For the furtherance whereof it may please your good Lordship to graunt vnto your said Orator her Maiesties most gratious writ of Subpena to be directed to the said H. H. commaunding him there by at a certaine day and vnder a certaine paine therein to be limitted personally to be and appeare in her Maiesties high Court of Chauncerie then and there to aunswere to the premisses c. The Answere of H. H. defendant to the Bill of complaint of H. E. complainant THe said defendant saith that the said bill of complaint against him Sect '

69. exhibited into this honorable Court is very incertaine vntrue and insufficient in the Law to be answered vnto by the said defendant for diuers and sundry apparant faults imperfections therein contained And deuised and exhibited into this honourable Court partly of malice and euill will without any iust cause conceiued against the said defendant to the intent thereby vniustly to vexe molest him with tedious trauell being an aged man and to put him vnto great expences being very poore But chiefely to thintent and purpose to wearie impouerish and terrifie him this defendant Neuerthelesse if by the order of this honorable Court this defendant shal be compelled to make any further or other aunswere vnto the said vntrue incertaine insufficient bil of complaint then and not otherwise the aduantage of exception thereof to this defendant at all and euerie time and times hereafter saued for further answere thereunto and for a full and plaine declaration of the trueth touching so much of the materiall contents of the said bill as in any sort concerneth this defendant He for himselfe saith that whereas the said complainant in his said bill alleageth that one H. E. his father deceased was in his life time by good and lawfull conueyance and assurance in the Law lawfully seised to him and his heires in fee simple according to the custome of the said manor of W. in the saide bill mentioned of one copyhold or customarie mesuage or tenement and of certaine customarie lands meadowes and pasture to the quantitie of an hundred acres or thereabouts and that he being thereof so seised and visited with sicknes during the minoritie of the said Complainant by good and lawfull conueiance and assurancein the Lawe and according to the Custome of the said manor of W. did conuey assure and surrender the same Copyhold or Customarie mesuage or tenement and other the premisses with the appurtenances thereunto belonging for his better maintenance to the vse of the said coÌ„plainant To haue and to hold to the said complainant and to his heires and assignes at the will of the said Lord according to the custome of the said manor And that by force thereof the said complainant in the Court of the saide manor paid his fine and was of the said copyhold or customarie tenements with thappurtenances by the then steward of the said manor of W. admitted tenant He this defendant saith that to his knowledge the said H. E. late father of the said complainant was neuer either lawfully seised to him and to his heires according to the custome of the said manor of W. of the said tenements and premisses in the said bill mentioned by any good and lawfull conueyance and assurance in the law according to the custome of the said manor Nor did euer conuey assure and surrender the said customarie tenements and other the premisses to the vse of the said complainant his heires and assignes Neither did the said complainant euer pay his fine for the same in the saide court neither was he euer lawfully admitted tenant thereof as he the said complainant in his said bill vntruely pretendeth And whereas the said complainant in his said bill also pretendeth that the euidences and copies of and concerning the said mesuage lands tenements and premisses being left in the hands custody possession of the said complainants father whilest he liued in right belonging vnto this complainant are now by casuall meanes comen to the hands and possession of this defendant and that he by colour of the hauing thereof hath wrongfully entred into the said mesuage lands and premisses aforesaid and hath made conueyed to himselfe and to others to his vse diuers and sundry secret estates therein and doth pretend thereof wholly to disinherite the said complainant This defendant saith that none euidences or copies of or concerning the said mesuage tenements and premisses are by casuall meanes or otherwise come to the hands or possession of this defendant and that by colour of hauing thereof he this defendant neither wrongfully entred into the said mesuage tenements and premisses nor any part thereof neither hath he this defendant conueyed to himselfe or to any other person to his vse diuers and sundrie or anie secrete estates thereof neither doth he pretend thereof wholly to distinherite the said complaint as in the said bill it is vntruely alleaged without that that the said complainant by diuers and sundrie meanes in friendly manner hath oftentimes sought to haue the saideuidences and copies and requested the same at the handes of this defendant And also that he would yeeld vnto your said Orator the quiet possession of the said mesuage tenements and premisses or that he this defendant doth well know the same in right to belong vnto him the said complainant as in the said bill it is vntruely alleaged And without that yâ— he this defendant of malice against the said complainant doth threaten him the said cooÌ„plainant in such sort that he for want of the said euidences dareth not make his iust lawfull entrie or claime to in the same premisses or that he the said defendant hath or could commit or doth or can continue daily committing great outragious wastes and spoiles in decaying of the houses and felling downe of the woods and timber trees of the premisses to the great losse and disherison of the said complainant and contrarie to all right equitie and good conscience as in and by his said bill of complaint he hath most vainely and vntruely alleaged For touching the said supposed threats this defendant saith that he is a verie feeble poore olde quiet man verie desirous of the fauour and good will of all men and therfore neither willing nor able by his threats to terrifie or feare the said complainant being a gentleman of worship power and liuing hauing many kinsfolkes alies friendes and seruants so that he this defendaÌ„t hath rather iust cause to be affraid of the said complainant then the said complainant to feare him And further touching the said wastes and spoyles this defendant saith that the said customarie or Copihold in W. aforesaid are holden of the manor of W. aforesaid And without that that the said complainant hath or euer had anie lawfull title to commence anie action or suite or to make anie entrie against or vpon this defendant for anie landes tenements or hereditaments in the said bill of complaint mentioned as it is therein vntruely alleaged And without that that this defendant can vpon his corporall Oath manifest such matter whereby the saide complainant may the more better easily and readily proceed and attain to the recouering of anie iust or lawfull right or inheritance or in anie other maner then in this answere is set downe as the said complainant vnwisely gesseth and most bainely hopeth as he in his said bill alleageth And without that that any other matter thing or things clause sentence article or allegation in the said bill of complaint conteined

at a certaine day and vnder a certaine paine therein to be limited to appeare before your Lordship in her Maiesties high court of Chancery then and there to answere to the premisses and to abide such order and direction therein as to your Lordship shal seeme to stand with right equitie and good conscience and your said Orator shall daily pray to Almightie God for your honour in good health long to continue c. A Bill by the husband and wife as Gardeins to her childe for euidences IN most humble wise complaining sheweth vnto your good Lordship Sect. 118. your poore and daily Orator I. W. of B. in the Countie of D. yeoman and I. his wife late the wife of I. S. the elder of B. aforesaid yeoman now deceased That where the said I. S. in his life time was lawfully seised in his demesne as of fee of and in one messuage or tenement commonly called H. of and in certaine lands meadow and pasture and other hereditaments with thappurtenances to the said tenement belonging and with the same vsually occupied scituate lying and being in B. aforesaid And he the said I. S. being of the premisses so seised did in his life time conuey and assure the same vnto certaine persons and their heires to the vse of the said I. and of the said I. then his wife and of the longer liuer of them without impeachment of waste And after their diseases to the vse of the heires of their two bodies lawfully begotten with diuers remainders ouer by force whereof the said I. S. and the said I. then his wife were thereof seised accordingly And so seised the said I. S. about three yeares now last past died seised of such estate as aforesaid hauing issue betweene him and the said I. one I. S. an infant of the age of two yeares or therabouts After whose death the said I held her selfe in the said messuages and lands and was thereof seised accordingly And so seised tooke to husband the said I. W. the other of your said Orators by force of which entermariage the said I. W. and the said I. were lawfully seised of the premisses as in the right of the said I. And your said Orators haue also the custody of the said I. S. the infant rightly belonging to the said I. his mother as gardeine in Socage Now so it is if it may please your good Lordshippe that certaine deedes euidences and writings touching and concerning the premisses and of right belonging to your said Orators and the said infant or to the one of them are casually come to to the hands and possessions of T. C. of B. aforesaid and I. S. of H. being kinsman vnto the said I. S. of B. the elder deceased who by colour of hauing the said deeds euidences and writings haue wrongfully entred into the premisses with thappurtenances and thereupon haue contriued certain secret estates vnto diuers persons vnknowen to your said Orators and by colour thereof they the said T. C. and I. S. of H. or the one of them of late time hath wrongfully entred into the premisses and hath receiued and taken the issues and profits of the premisses or some part thereof from your said Orators and although your said Orators haue diuers and sundrie times gently requested the saide T. C. and I. S. of H. to permit and suffer your said Orators quietly to haue and enioy the same premisses and to deliuer vnto your said Orators the said deeds euidences and writings touching and concerning the premisses and which of right doe belong and appertaine vnto your said Orators and to the said I. S. the infant yet they the same to doe haue hitherto refused and yet doe refuse contrarie to all right equity and good conscience which is likely to turne not only to the losse and hinderance of your said Orators But also to the preiudice and disinheritance of the said infant if speedie redresse herein be not had by your good Lordship in consideration whereof and forasmuch as your said Orators doe not know the certaintie nor certaine number of the said deedes euidences writings nor whether the same be contained in bagge or boxe sealed or in chest locked and so your said Orators and the said infant are without any ordinary remedie for the recouerie of the same by the common lawes of this Realme And for that your said Orators do hope that the same C. and S. will vpon their Oathes in this honorable Court confesse the certainty and truety therein where the said euidences are to be had or to whom they haue deliuered the same May it therefore please your good Lordship the premisses considered to grant vnto your said Orators the Queenes Maiesties c. The Answere of the same THe said defendants say and euery of them seuerally saith that the Sect. 119. said bill of complaint is verie vncertaine vntrue and insufficient in the law to be answered vnto for diuers manifest defaults and imperfections therein contained and framed and exhibited into this honorable Court as these defendants verely thinke of malice and euill will to the intent to put these defendants to great trauaile charges and expences to make their personall appearance in this honorable Court the said defendants dwelling in B. aforesaid in the saide countie of D. which is sixscore miles distant from the Citie of Westminster and without any iust cause so to doe and these defendants further say that if the surmised matters contained in the said bil of complaint were true as in very trueth they are not yet were the same determinable and to be determined by the common lawes of this Realme and not in this honorable Court whereunto these defendants pray to be dismissed with their reasonable costes charges and damages in this behalfe wrongfully and without iust cause sustained yet neuerthelesse if these defendants shall be compelled by the order of this Court to make any further or other answere vnto the said vncertaine and insufficient bill of complaint then the aduantage of exception to the incertaintie and insufficiencie thereof to these defendants and either of them at all times here after saued for further answere thereunto and for a full and plaine declaration of the trueth say that they thinke it is true that the said I. S. was in his life time lawfully seised in his demesne as of fee of and in the said messuage or teuements commonly called the H. and of and in certaine lands meadow and pasture and other hereditaments with the appurtenances to the said tenements belonging and with the same vsually occupied scituate lying and being in B. aforesaid as in the said bil of complaint is alleaged but the said defendaÌ„ts further say that the said tenements in the said bill of complaint contained as they verely beleeue are holden of the right honorable G. Earle of S. of his manor of C. in the said Countie of D. by knightes seruice and by the yearely rents of two shillings And that he

being thereof so seised and the said Earle being also seised in fee of the said manor as these defendants thinke died thereof so seised by and after whose death the said tenements and premisses in the said bill mentioned descended and came to the said I. S. the sonne as sonne and heire of the said I. S. deceased who is yet within the age of one and twentie yeares by meanes wherof the said Earle after the death of the said I. S. the father as garden of the said I. S. infant during his minority by reason of the tenute aforesaid seised the bodie of the said I. S. the infant without that that to the said defendants knowledge the said I. S. the father being of the premisses seised in fee did in his life time conuey and assure the same premisses vnto certaine persons and their heires to the vse of the said I. S. of the said I. then his wife of the longer liuer of either of them without impeachment of wast and after their decease to the vse of the heires of their two bodies lawfully begotten with diuers remainders ouer as in the said bill of complaint is vntruely alleaged or that to these defendants knowledge by force thereof the said I. S. and the said I. S. then his wife being thereof so seised died thereof so seised or that to these defendants knowledge after his death the said I. held her selfe in the said messuages landes and premisses and was thereof so seised accordingly by force of any such conueiance or that she being thereof so seised tooke to husband the said I. W. or that by force of the saide entermariage the saide I. W. and the saide I. to the knowledge of these defendants were so lawfully seised of the said premisses in the right of the said I. as in the said bill is alleaged And without that that to these defendants knowledge the said I. W. and I. haue the custodie of the said I. S. the infant rightfully belonging to the said I. as Gardein in Socage as in the said bill is likewise alleaged And without that that any deeds euidences and writings touching and concerning the premisses and of right belonging to the said infant or to one of them are casually come to the hands custody and possession of the said defendants other then such deedes euidences and writings as the said I. did deliuer vnto the said T. S. the one of these defendants which he the said T. about one yeare now last past or more vpon the receipt of the Queenes Maiesties writ of Subpena deliuered to I. L. late of H. Haull in the County of D. Gentleman to the vse of the said infant which as he remembreth was done by appointment or agreement of the said I. And then an other old deede or writing without date conteyning these words following or the very like in effect and meaning viz. Sciant praesentes futurÌ„ quod ego Io. filius Tho. de B. dedi concess hac praesenti charta mea confirmaui Duranto de Toxdwood pro homag ' seruitio suo pro quadam pecuniae summa mihi prae manibus soluta totam terram meam quae vocatur le Haule cliffe in territorijs de B. cum boscis pratis pascuis pasturis omnibus suis pertinÌ„ sine aliquo retento quae iacet integre in latitud ' intÌ„ viam quae ducit versus B. terram quam L. de L. quondam tenuit extendit se in longitudinÌ„ de meta de B. vsque ad terram AbbatÌ„ de R. terram quae fuit A. F. terram R. de le Scagh vna cum tota illa terra cum domibus edificijs in ea sitis cum omnibus suis pertinÌ„ quam R. de T. quondam tenuit quae iacet integre inter terra c. And without that any other matters c. A Bill to be discharged of a Recognisance for the sauing of landes solde harmelesse for that a lease made thereof by which he seemeth to be dampnified was either made in trust or by surrender before the said bargaine with an answere replication and reioinder to the same bill COmplaining sheweth vnto your honorable Lordship Geor. Earle Sect. 120. of Shrowsbury that whereas Sir W. S. knight Lord M. deceaced in his life time about nine yeares now past was lawfully seised of an estate of inheritance amongst other lands and tenements of the third part of the scite mansion house of the late dissolued Abbey Monastery or Priory of B. in the county of L. and of all and singuler messuages houses edifices buildings orchards gardens fishings ponds lands tenements meadowes pastures commons hereditaments with the appurtenances to the said scite belonging then late in the occupation of F. S. afterwards in thoccupation of one M. and the said Lord M. being thereof so seised about the xvi day of December in the vii yeare of the Raigne of our Soueraigne Lady the Queenes Maiesty that now is of speciall and secret trust confidence by him the said Lord M. reposed in one W. S. of M. in the county of S. gentleman M. his wife or of one of them did make an Indenture bearing date the xvi day of September in the said vii yeare of a demise of the said third part of the said scite lands tenements and hereditaments with the appurtenances to the said W. S. and M. his wife to haue to hold the same vnto the said W. S. and M. from the decease of K. T. of S. for and during the terme of xxi yeares then next ensuing as by the said Indenture appeareth And deliuered the said Indenture to be deliuered as his deed when the said W. S. had performed certaine conditions agreements betweene them made vpon which Indentures made by them it was neuer intended nor agreed that the said W. S. and M. his wife or their executors or assignes or any of them should take any benefit to them but that the same lease should be surrendred and at all times disposed at the pleasure of the said Lord M. by force whereof the said W. S. and M. were possessed of the interest of the said terme accordingly and being thereof so possessed And the said L. M. being seised of the said R. of the third part of these tenements premisses of an estate of inheritance afterwards that is to say the xviii day of May in the xii yeare of the Raigne of our said Soueraigne Lady the said Lord. M. by Indenture bearing date the said day and yeare did bargaine and sell the said third part of the said premisses among other things to one I. C. of C. in the county of S. Esquire and F. S. of S. in the said County Gentleman and their heires for euer by which last recited Indenture the said Lord M. for him and his heires did couenant and grant to and with the said I. C. and F. S. and either of them that aswell the said I. C. and

and would not take any aduantage of the forfeiture of the said bond against the said coÌ„plainant but would cancel the said bond and take new bond for the paimeÌ„t therof at the feast aforesaid And that the said complainant relying vpon the foresaid agreement promise and assumption of the said P. for the forbearing of the said c. vntil the said feast of c. aforesaid and for the taking of a newe bond for the payment thereof at the feast aforesaid did not pay the same according to the condition of the foresaid Obligation which otherwise he would haue done in such sort manner and forme as in the said bill of complaint is also most truely set forth and declared And with that also that the said complainant in Mich. Terme last past sent the said G. V. his seruant to L. with the said money to make payment thereof And that the said W. W. the other defendant vpon offer of tender of the foresaid summe of money by the said V. The said W. W. did promise to deliuer the saide bond vnto the said V. within short time after so as the said V. would deliuer ouer a bond which he had in his keeping to the vse of the said P. and would also at a time betwene them agreed on make paiment of the said summe of c. which bond was deliuered ouer accordingly to the said P. or W. by the said V. And the said V. was readie to tender and pay the said money according to the said appointment in such sort manner and forme as in the said bill of complaint is also truely alleaged Without that that the said W. P. one of the said defendants sought often to the said complainant and made meanes to him to haue the saide debt either to be paid in mony or that he might be satisfied therof some other way who made him many faire promises to do the same but neuer ment or intended it in such sort manner and forme as in the saide answere is most vntruly alleaged For the said complainant saith that he did often and sundrie times both before the said feasts c. and diuers times sithence offer to make paiment of the said summe c. vnto the said W. P. and. W. and alwaies was and yet is readie and willing vppon the redeliuerie of the foresaid bond to pay the same in such sort as in the said bill of complaint is most truely shewed and alleaged And without that also that any other thing matter or circumstance in the said aunswere mentioned materiall or effectuall to be replied vnto and in this Replication not sufficiently confessed auoyded denied trauersed or otherwise replied vnto is true All which matters the said complainant is readie to auerre and prooue as this most Honorable Court shall and will awarde And prateth as before in his said bill of complaint he praied The Ioint and seuerall Reioinder of W. P. and W. W. defendants to the Replication of E. L. complainant THe said defendants say and either of them for himselfe seuerally Sect. 127. saith that the Replication of the said complainant is vniust and vntrue and very insufficient in the law by these defendantes or either of them to be reioined vnto Notwithstanding all aduantage of exception to the incertainty and insufficiency thereof to these defendants and to either of them at all times hereafter being saued for reioinder vnto the said in sufficient replication These defendants say and either of them for himselfe seuerally saith in all and euerie matter and thing as they and either of them in their seueral answeres haue said without that that any other matter cause or thing whatsoeuer materiall or effectuall contained in the said replication by these defendants or either of them to be reioined vnto and not herein sufficiently confessed and auoided trauersed or denied is true All and euerie which matters and things these defendants and either of them are readie to auerre and proue c. A Bill for detaining lands with euidences MOst humblie complaining c. your daily Orator I. S. of A. in Sect. 128 the County of H. Husbandman That whereas R. S. of H. in the County of H. aforesaid Husbandman and grandfather to your Orator was in his life time seised in his demesâ—e as of fee or in fee taile of and in certaine messuages lands and tenements to the yearely valew of c. or there abouts lying in H. aforesaid and of the same died seised By force whereof the said tenements discended and came as of right they ought vnto one I. S. father to your said Orator sonne and heire to the said R. who afterwards entred into the same and was for diuers yeares seised of the tenements accordingly vntil about the first yeare of the Raigne of the late King Edward the sixt At which time one W. G. of H. aforesaid happening by casuall meanes to get into his possession all the euidences charters and writings concerning the said lands and tenements And knowing that your said Orators father could not for want of those euidences charters writings defend his right title and interest to the lands aforesaid entred also into the said tenementes and the same wrongfully did withhold and detaine during the terme of his naturall life sithence which time one T. G. of H. aforesaid and E. G. widow mother to the said T. hath also entered into the said tenements and the same to this day most vniustly withholdeth together with all the charters euidences and writings aforesaid which in right and equitie belong and appertaine to your Orator as sonne and heire to the said I. S. now deceased In tender consideration whereof and for so much as your Orator doth now know the certaine dates of the charters euideneds and writings aforesaid nor of any of them neyther doth know whether they are in bagges or boxe sealed or in chest locked he is without all remedie at the common lawes of this Realme and also without all other meanes how to finde reliefe in this behalfe except your honorable Lordships fauour extended And that the said T. G. and E. G. may by your Lordships order be compelled vpon their oathes plainely and truely to shew forth their estate in and to the tenements aforesaid and also to shew what right title or interest they haue or claime in and to the same likewise to shew the effect and certaine dates of such charters euidences and writings aforesaid as they or eyther of them haue in their possession concerning the said tenements aforesaid or any part thereof May it therefore c. as before The Answere THese defendants by protestation say and euery of them saith that Sect. 129. the bill of complaint exhibited into this honorable Court is for yâ— most part vncertaine vntrue and insufficient in the law to be answered vnto And that the matters therein contained are deuised by the complainant onely to molest and trouble these defendantes being verie poore rather then

occupieth by the lease for yeres yet continuing of the said defendant And the said defendant also saieth that he is sued for the rent reserued vpon his lease by the said G. H. named in the said bill of coÌ„plaint in the kings Bench in an action of debt brought by him against the saide defendant And therefore the said defendant much marueileth of this suit of the saide complaynant brought in this honorable court against the said defendant touching the said premisses By which suit of the said complaynant the said defendant is wrongfully sued and vexed without any iust cause of suit without that that there is any such extent made of the said three parcels of land called c. or that after the same extent there was any such bargaine sale made by the said Shirife named in yâ— said bill of complaint of the said terme lease of yeres of the said premisses vnto the said G. H. Or that the said G. H. bargained or sold the said premisses vnto the said complaynant or that the said complaynant ought to haue and inioy the said premisses to the knowledge of this defendant And without that there is any other matter or thing c. All which matters c. â—ill for a title of land intailed IN most humble ã€ˆâ—Šã€‰ sheweth and complayneth vnto your good Sect ' 135. Lordship your daily Orator R. R. husbandman That where one W. late of S. in the county of W. husbandman grandfather of your said Orator was lawfully seised in his demesne as of fee by due course of inheritance vnto him lawfully discended from his auncestors and other lawfull conueyances in the law of and in one messuage c. CC. acres of land meadow wood and pasture with their appurtenances in S. aforesaid And the said W. R. so being of the premisses seised about ten yeres now past It was condiscended granted agreed betweene the said W. R. and one I. E. late of H. in the said countie deceased that A. B. then sonne and heire apparant of the said W. R. before a certaine day should marry and take to his wife one A. E. daughter of the said I. E. and that the said W. R. in consideration thereof and for that the said A. should be greatly aduanced and preferred in goods and substance by the mariage of the said A. would immediatly after the said mariage had and solemnized conuey and make vnto the said A. and A. a good sufficient and lawfull estate in the Law of and in the said mesuage lands tenements and other the premisses To haue and to hold vnto the said A. and A. and to their heires males of their bodies lawfully begotten And afterward the said A. according to the said agreement did marrie and take to his wife the said A. E. immediatly after which mariage had and solempnized the said W. K. according to his said promise and agreement did lawfully enfeoffe of and in the said mesuage lands tenements and other the premisses the said A. R. and A. then his wife To haue and to hold vnto the same A. and A. and to their heires males of their bodies lawfully begotten by force whereof the said A. and A. were seised of and in the premisses in their demeanes as of fee taile speciall and they so being thereof seised the said A. and A. had issue male betweene them lawfully begotten one I. R. and your said Orator and one W. R. and the said W. R. the elder died by and after whose death the reuersion in fee simple of the premisses discended vnto the said A. as sonne and heire vnto him And afterward the said A. and Agnes dyed after whose death the said messuage lands tenements and other the premisses discended and came and of right ought to discend and come vnto the said I. R. as sonne and heire male of the bodie of the said A. and A. lawfully begotten by force whereof the said I. R. entred into the said messuage lands tenements and other the premisses and was thereof seised in his demesne as of fee taile And he so being thereof seised the said I. R. about foure yeres now past of the said messuage and other the premisses dyed seised without issue male of his bodie lawfully begotten by force whereof the said messuage and other the premisses discended and came and of right ought to discend and come vnto your said poore Orator as brother and heire male to the said I. R. by the vertue of the gift aforesaid So it is my singuler good Lord that aswell the deede of intaile made of and for the premisses by the said W. R. the grandfather vnto the said A. R. and A. and to the heires males of their bodies lawfully begotten as is aforesaid as diuers other charters euidences and deedes writings and muniments concerning the premisses prouing the said interest and title of your said Orator in and to the premisses been disceiptfully comen to the hands and possession of I. W. and C. his wife late wife of the said I. R. G. W. gentleman and T. S. the elder and remaine there as they haue conueyed and put them and by colour of hauing the said euidences deedes writings and mumments in their hands and possession the same I. W. and E. haue now of late wrongfully entred into the said messuage and other the premisses And the possession thereof do so yet wrongfully deteine keepe from your said Orator and also the rents issues and profites thereof haue wrongfully receiued perceiueâ— and taken to their owne vse by the space of fower yeres past and so yet do contrary to all right and good conscience And albeit that your sayd Orator hath often and sundry times required and instantly desired the said I. W. and E. G. W. and T. S. aswell to deliuer vnto your said Orator the said euidences deedes writings and muniments concerning the premisses as also to auoid the possession of the premisses and peaceably and quietly to permit and suffer your said Orator and his assignes to haue and inioy the same and to receiue and take the rents and profits thereof to his owne vse according to his said interest and title therein which to do they at all times haue refused and denied and yet do contrarie to all right and good conscience And for asmuch as your said Orator knoweth not the certaine number contents ne other certainties of the said euidences deedes writings and muniments nor wherein they be conteined And also for that the said I. W. E. G. W. and T. S. be of so great substance riches and also greatly frinded and borne in the said Countie of W. And your said Orator being but a poore man and hauing but few friends in the said Countie the same your said Orator is and shall be therefore without remedy concerning the premisses by due course and order of the common Law and otherwise vnlesse your good Lordships ayde and fauour be vnto him shewed in this behalfe In consideration whereof

it may please your good Lordship the premisses tenderly considered to graunt vnto your said Orator the Queenes most gratious seueral writs of Subpena to be directed vnto the said I. Werewick E. G. S. and T. S. commaunding them and euery of them by the same personally to appeare in the most honorable Court of Chauncery at a certain day vpon a certain paine by your good Lordship to be limitted therein then and there to make answere to the premisses And further to be ordered therein as shall accord with right and good conscience And your said Orator shall daylie pray c. The Answere of I. W. to the bill of complaint of R. K. husbandman THe said defendant saith that the said bill of complaint is vncertain Sect ' 136. and insufficient in the law to be answered vnto the matter therein contained vntrue principally imagined pursued by the vnlawfull procurement bearing supportation of one W. C. Esq to the intent to put the said def to trouble costes expences intending thereby the vnquiet impouerish the said def as they should be faine to leaue the right title and interest of and in the premisses so that the said W. might purchase buy the same of the said Complainant And of late the said W. C. hath made meanes vnto the said I. W. now def to buy his title interest of in the premisses and threatned him to haue the same and if he would not let him haue it with his good will that then he would haue it against his will whosoeuer tooke his part and if the contents of the said bill were true as they are not yet were the matter determinable at the common Law and not in this honorable Court whereunto the said def prayeth to be dismissed and yet neuerthelesse the aduantage of the premisses vnto this defendant at all times saued For further answere vnto the said bill for declaration of the truth of the contents of the said bill the said def saith euery one of them saith that longtime before the said A. R. mencioned in the said bill of complaint any thing had in the said messuage other the premisses or that the said W. R. was thereof enfeoffed T. R. of P. T. S. of S. and W. of E. were thereof seised in their demesnes as of fee so being thereof seised by their writing indeÌ„ted ready to be shewed the said messuage other the premisses contained in yâ— said bill of coÌ„plaint amongst other things gaue demised deliuered by their said writing indented coÌ„firmed vnto the said W. R. mencioned in the said bill of complaint and vnto A. his wife To haue to hold the said messuages other the premisses vnto the said W. and A. for terme of their liues and to the wife of the longer liuer of them And the said T. and T. willed declared in the said writing indented that the said messuage all other the premisses should remaine vnto the said A. mentioned in the said bil of complaint vnto A. his wife vnto the heires assignes of yâ— said A. for euer without yâ— the said W. R. did enfeoffe of in the said messuage lands tenements other the premisses the said A. A. to haue to theÌ„ to their heires males of their two bodies lawfully begotten or that the said A. Agnes were seised of in the premisses in their demesnes as of fee taile as in the said bill of coÌ„plaint is surmised without that that after yâ— death of the said W. yâ— the remainder of yâ— premisses in fee simple discended vnto the said A. as sonne heire vnto him or that after yâ— death of the said A. A. the said messuage other the premisses discended and of right ought to discend or come vnto the said I. R. in the taile especiall as sonne and heire male of the bodie of the said A. and Agnes lawfully begotten either any other discent of inheritance therein of a meere fee simple or that the said I. by his entrie into the said mesuage other the premisses after the death of his father mother was then seised of and in his demesne as of fee taile especiall or of any such estate dyed seised or that after the death of the said I. that the said mesuage and other the premisses or any part or parcell thereof discended and came or of right ought to discend and come to the said complaynant as brother and heire male to the said I. K. by vertue of any gift or otherwise as in the bill of complaint is vntruly surmised But the said defendants do auerre and are shall be at all times ready to proue as this honorable Court shall award that the said messuages and all other the premisses by and immediatly after the death of the said I. R. discended and of right ought to discend and come to one A. daughter and heire of the said I. lawfully begotten on the bodie of the said E. one of these defendants the which A. is yet in plaine life and in the ward and custodie of her said mother And without that that any deede of taile was made of and by the said W. R. the grandfather or any other euidence deeds writings or muniments concerning the premisses proouing the said interest and title of the said complaynant of the premisses and euery part and parcell thereof to be comen to the hands and possessions of the said I. W. and E. his wife or either of them or to the custodie or possession of any other by their deliuerie conueyance or appointment but trueth it is that the said defendants haue in their custodie one writing indented readie to be shewed whereby the remainder of the premisses is conueyed vnto the said A. and Agnes his wife and to the heires and assignes of the sayd A. for euer as is aforesaid and diuers other euidences and writings proouing and concerning the conueyance of the fee simple of the said mesuage and other the premisses vnto the said A. and other his auncestors the which charters euideÌ„ces writings the said def do still with them detaine keepe as good lawfull is for them to do as wel for yâ— proofe and preseruation of their right title and interest vnto the third part of the premisses for the dowrie of the said E. as for the preseruation of the right title and interest of the said A. daughter and heire to the said I. of and in the said mesuage and other the premisses without that the said def haue at any time wrongfully entred into the said mesuage and other he premisses or into any part thereof or the profites thereof do wrongfully detaine and keepe froÌ„ the said complainants or the rents issues and profites thereof haue wrongfully destreyned perceyued and taken to their owne vse as in the same bill is also vntruely surmised A Supplication in the Chauncerie vpon deceipt by a Partner IN most

that your saide Oratrices poore husband should pay for the making of the writings For the payment whereof her said husband as then hauing no great store of mony was faine to giue him a gold Ring in pledge to pay the scribe for writing of the same All this notwithstanding most honourable Lord and that you said poore Oratrices husbande hath often and sundry times since by many waies meanes required the same writings coÌ„cerning the said bargaine of the said c. he against all naturall loue and humanity nothing more coueting then the extreame destruction of her and her saide poore husband and well perceiuing how farre he is now vnable to helpe himselfe hath vtterly denyed to render the same and yet doth contrary to all conscience equity lawe or right In consideration whereof may it like your honourable Lordship of your accustomed pity to call the said c. before you together with the husband of your saide poore Oratrix and there to will him to deliuer the saide writings againe to her husband if it shall so seeme good vnto your honor or els to shewe sufficient matter why hee shoulde keepe the same And your said Oratrix with her poore husband and their poore children shall pray c. A bill of a title of Copyhold lands praying an Iniunction HVmbly complayning c. your daily Orator W. S. otherwise Sect. 139. named W. T. of L. cosin and heire of I. S. otherwise called I. T. while he lyued c. That whereas your said Orator at your Lordships last being at c. did exhibit vnto you a certaine bill of complaint mencioning therein that the foresaid I. S. otherwise called I. T. in his life time was seised of and in certaine Customarie lands tenements that is to say of and in c. holden by Copie of court Roll of the manor of c. at the wil of the Lord of the said manor according to the custome of the same manor of which one T. L. then was and yet is Lord And that the same I. S. so being seised of the premisses afterwards of like estate died thereof by protestation seised after whose death the said c. with the appurtenances and the right title vse possession and inheritance thereof discended and came and of verie right ought to discend and come vnto your said Orator as cosin next heire of the said I. S. that is to say as yongest sonne of I. yongest sonne and heire of the same I. S. according to the auncient custome of the saide manor And that your saide Orator had often and sundry times desired and prayed the said c. that with lawfull warning vnto the tenants of the said Lordship a Court might be holden at the saide manor by whose inquirie the title of your said Orator might be presented and found in the premisses according as both iustice right and good conscience do require Hawbeit most honorable Lord that notwithstanding for asmuch as the same c. hath kept the premisses in his owne handes these many yeares past and the profites and issues thereof comming hath by the same space to his owne proper vse receiued taken and yet doth your said poore Orator could neuer get the same c. to hold a Court there minding thereby vtter disheriting vnto your said poore Orator of and in the premisses Vntill such time as your saide must honorable Lordship moued with your accustomed loue to Iustice and pitie towards pouertie vouchsafed to graunt your benigne letters directed to the said c. willing him thereby with lawfull warning giuen vnto the tenants of the said Lordship to summon and keepe a Court at the saide manor for the triall of the right of your saide Orator in the premisses vpon the receipt of which letters the saide c. summoned and kept a Court at his said Manor of c. whereat vpon the open and plaine declaration of your said Orators title together with the examination of diuers witnesses brought in by your said Orator for the due proofe of the said title in the premisses And further vpoÌ„ the shewing of such substanciall and anncient euidences maintayning the same the Homage therewith charged and sworne did present sind at the said c. before I. S. Steward of the same Court that the foresaid I. S. was possessor and held the premisses by Copie of court Roll according to the custome of the said manor And that also your said Orator was cosin and heire to the said I. S. according to the custome of the manor that is to say sonne of I. yonger sonne of c. as by the Copie of the same court Rols ready to be shewed more plainly may appeare vnto your good Lordship After which presentment at the same Court it was agreed betwixt the said Steward in the name of the said c. and your said Orator that if the said c. would not declare and show vnto your said Orator or to his learned Counsell at London within one Terme then next insuing a better title and interest to the foresaid premisses then your said Orator had then and there already proued that then your saide Orator should haue and inioy the premisses to him and to his heires according to right equitie and good conscience and according to the custome of the said manor But so it is most ho. Lord that although the said c. as he cannot so hath he not by the said space prooued any maner of title or colour of title to the premisses but onely with such and like fraudulent delayes he intendeth to weary your said Orator from the obtaining of the premisses and if he can disherite him from the same Wherefore may it c. of your accustomable goodnes alwayes to pouertie extended to graunt vnto your said Orator the Q. most gracious writ of Subpena to be directed to the said c. commaunding him by the same not onely to appeare personally before your good Lordship in the high Court of Chauncery at a certaine day and vnder a certaine paine by your good Lordship therein to be limitted but also to permit and suffer your said Orator peaceably to haue hold occupie possesse and inioy the premisses aforesaid and the profits and issues of the same vntill such time as the same c. hath duely approued better Title to the premisses then he hath heretofore done And your said poore Orator shall c. A bill of complaint for Debt without especialtie IN most humble wise sheweth and complayneth vnto your good Sect ' 140. Lordship your daily Orator and poore bedeman I. G. of H. in the countie of D. That where the said I. G. by way of prest at the feast of Pentecost in the xxxiiii yeare of the raigne of our Soueraigne Ladie the Queenes Maiestie that now is did deliuer vnto one W. L. late of H. in the said countie of D. the summe of xviii pound of lawfull money of England to be paied vnto him

Lordship Sect. 172. your Suppliants I. W. and the Lady Iane his Wife daughter and heire to the Lady Iane P. deceased That whereas the said Lady Iane P. in her life time was lawfully seased in her demesne as of fee of and in one mesuage or house with a gardeine thereunto belonging set lying and being in B. in the Countie of D. and of and in 12. acres of errable land medow and pasture with their appurtenances thereunto belonging in B. aforesaid and so being of such an estate thereof seised about foure yeares past died thereof seised After and by whose death the premisses discended and came as of right they ought to discend and come vnto your sayde Oratrix as daughter and heire of the saide Lady Ia. P. her mother So it is if it may please your good Lordship that diuers Deeds Euidences Charters Miniments and writings concerning onlie the premisses and of right belonging to your said Oratrix as in the right of the said Lady Iâ— P. by casuall meanes are come to the hands possession and custodie of I. C. Gentleman and E. his Wife who by cullor of hauing the sayde Euidences and writings haue entred into the premisses and by cullour thereof haue contriued conueyed and made to themselues diuers secret estates of the premisses and thereby do likewise detaine and keepe the possession of the same premisses from your said Orators albeit they haue beene diuers and sundrie times thereunto by your suppliants required for the deliuerie of the same yet that to do they haue alwayes hitherunto denyed and yet to denye to the manifest disinheriting of the saide A. and the great wrong and losse of both your saide Orators for that your saide Orators do not knowe the certeine number or certaine dates of the deedes and conueyances nor whether they be contayned in bagge or boxe sealed or chest locked whereby they be for the recouerie of the same premisses cleane without remedie by the strict course of the common lawes of this Realme In consideration whereof the premisses by your good Lordship tenderly considered it may please your good Lordship to graunt vnto your said Orators the Qu. Maiesties most gratious writ of Subpena to be directed to the said I. C. and E. his wife commaunding them and eyther of them thereby personallie to appeare before your good Lordship in the Queenes Maiesties high Court of Chauncerie at a certaine day and vnder a certaine paine therein by your good Lordship to be limitted and appointed then and there to answere to the premisses and further to stand to and abide such finall order and direction therein as to you Ho. good Lo. with right and equitie shall seeme most meete and conuenient And your said Orators shall pray for c. A bill by the leassee for yeares of the Scite of a Manâ—or c. contayning the detayning of the plaintifes lease of the premisses the breaking of the seales thereof and that the defendandts by a practise amongst them to the intent to impouerish the plaintife and vniustlie to get from him the premisses haue brought an Assise in the towne of Salop against him for the same in which suit there is a partial Iurie returned by the Bayliffes of the said towne And one other suit comenced against him for part of the premisses by one of the defendaÌ„ts before the Counsell in the marches of Wales and therefore prayeth an Iniunction for stay of the said suits and also a Subpena against the defendants to appeare and aunswere the bill To the Right Ho. Sir Nicholas Bacon Knight Lord Keeper of the great seale of England IN most humble wise complayning sheweth vnto your Ho. good Lo. Sect. 174. your poore dayly Orator H. D. of A. in yâ— Countie of Salop GentÌ„ That whereas one Io. late Duke of Northumberland in his life time amongst diuers other lands tenements hereditaments was lawfully seised in his demesne as of fee of in the manor of A. lying being within the said County of S. and so being thereof seised by his deede indented about the 27. yeare of the Raigne of the late King of famous memorie King Henry the 8. by the name of Sir Io. D. Knight did demise graunt set and to farnie let vnto P. C. the Scite of the Manor of A. aforesaid together with the mansion or hall place of the same And all and singular lands meadowes leasowes pastures feedings woods waters and commons with all other commodities duties seruices and customes to the said Scyte of the said Mannor belonging or in any wise appertayning To haue and to hould the aforesaid Scyte of the saide Mannor and all other the premisses and all and singuler the appurtenaunces to the said P. C. his executors and assignes from the feast of Saint Michaell the Archangell then next comming after the date of the aforesaide Indentures vnto the end and tearme of threescore yeares then next ensuing and fullie to be compleated and ended yeelding and paying therefore yearely vnto the saide Sir Iohn Dudley his heires and assignes foure pound sterling at the feast of the Annunciation of our Lady and Saint Michaell the Archangell by euen portions with diuers other couenaunts graunts and agreaments contayned and specified in the saide Indentures as by the same more at large it doth and may appeare By force whereof the said P. C. into the premisses entered and was possessed accordinglie The state and interest of which saide P. C. to and in the premisses and euery part and parcell thereof your poore Orator by iust and lawfull conueyance and assurance in lawe of long time hath had and now hath and the same hath quietlie and continuallie possessed and enioyed for and by the space of fourteene yeares nowe last passed by force of the sayd Lease made to the sayde P. C. by the aforesayde Duke without lette or interruption of anye person or persons vntill now of late that the aforesayde Lease is casuallie come to the hands possession of Ed. Le. of P. in the County of S. Esquier which persons malitiously intending your poore Orators impouerishment and vtter vndoing haue not only wilfully broken in pieces and disseuered from the said Lease the seales of Armes of the saide late Duke annexed by him to the aforesaid lease and otherwise defaced the same to the intent your said Orator although he should recouer against them by due order and course of the lawes of this Realme the aforesaid lease yet he might be the lesse able to prooue the saide Lease to be made by the aforesaid Duke for that they well perceiue the time now so farre spent that very fewe or none of the witnesses that were present at thensealing and deliuerie of the said Lease be now liuing as they suppose But also they haue further conspired and agreed amongst themselues together with one R. W. of A. in the Countie of Salop and R. S. of the towne of Salop and Countie aforesaid That he the said R.

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