Plowbote may be demanded by the name of Estrovers thus of reasonable estrovers in the woods viz. in 10 acres of wood of him the said A. in D. c. Parsonages Rectories Advowsons Vicaredges or tithes impropriate passe not by the name de advocatione Ecclesiae but de rectoriae Ecclesiae de S. cum pertinentiis But when it is but of a presentation it must be de advocatione Ecclesiae de S. non cum pertin And of all Vicar edges endowed the Writ must be de advocatione vicarie Ecclesiae de S. c. and not cum pertin And where no Vicaredge is endowed it passeth under these words de advocatione Ecclesiae de S. c. The Order and form of placing things in Fines 1 THe more worthy thing must be put before things lesse worthy as Messuage is set before Land a Mannor before a Messuage a Castle before a Mannor 7 H. 6. 39. Plo. 168 169. Secondly the Genus or thing general before the things special as land being the genus to meadow pasture wood Juncarius Mariscus is first to be placed And wood being general to wood-grounds as aluetum salicetum c. to be set before them in the writs Thirdly entire and whole things are to be set before their parts as de Manerio de C. medietate Manerii de B. cum pertin c. Fourthly parts of things excepted must succeed those things out of which they be excepon ted And if there be divers parcels in one Writ that parcel out of which the exceptiis to be made ought to be last placed Regist f. 6. de Manerio de D. cum pertinentiis in C. excepto unto messuagio duobus acris terrae advocatione Ecclesiae de C. And every thing excepted ought to be certainly named it needeth not to say cum pertinentiis after the thing excepted 40 E. 3. 25. and the exception must always be of such things whereof they will lye Regist f. 228 229. For which for the present see the example following viz. Command A. B. that he render to C. D. c. of one Messuage one Cottage and the moyety of one Messuage and ten acres of land with the Appurtenances except one acre of land in N. c. And finally the form and order of placing the particulars in a Writ of Covenant is in all things as in a praecipe quod reddat of lands And further observe the rules of the Register f. 2. which partly appeareth in these verses ensuing suagium um lendinum umbare dinum ra tum tura cus ra Mes toft mol col gar ter pra past hos brue mora ria cus tum ditus Junca Maris alue red sectare priora The place wherein the lands lie FUrthermore the place wherein the lands do lye as the Shire Town Parish or Hamlet for a Fine is good in a Hamlet 38 E. 3. f. 19. 8 E. 4. f. 6. and 7 E. 6. in Brooke Fines 44. 91. Nevertheless it is good also to name the Town wherein the Hamlet is as it seemeth and that with addition for distinction if there be diverse Towns of the same name in the same County Of the Formes of Concords NO Concord ought to be levied to divers persons and their heirs but of such Tenements as were formerly holden of the King or Queen for it was for their own now their successors advantage to have many such Tenants 33 H. 6. f. 52. 7 H. 4. f. 7. If a Fine be levyed to two Cognisees or more in the Concord thereof the Cognisor shall knowledge the right therof to be to the one of the same Cognisees only And the release and warranty therein contained shall be limitted only to him and his heirs 3 H. 6. f. 42. 33 H. 6. f. 52. 21 E. 3. 24 E. 3. f. 36. 27 E. 3. f. 84. None can take by the first estate graunted or rendred by a Fine but some of the parties named in the Writ but any estranger may take an estate in remainder 30 H. 8. Br. Fines 108. 7 E. 3. 31. The Warranty contained in Fines ought to be made by the heirs of them from whom the inheritance of the land passeth As if the Husband and Wife levy a Fine of the Wives lands the Warrantie must be from the Husband and Wife and the Heirs of the Wife otherwise if it were of the Husbands lands then the Warranty must be from his heirs 42 E. 3 f. 13. 44 E. 3. f. 21. and from the Heirs of one only 21 E. 27. except it be of lands in Gavel-kind 24 E. 3. f. 66. No Fine ought to be levyed upon any Condition Nam finis finem litibus imponere debet but clauses of distresse may be in Fines 33 H. 6. f. 52. 44 E. 3. f. 22. Also some Fines be sur cognisance de droit come ceo que le cognisee ad del done le cognis 2ly some other sur cognisance de droit tantum 3ly some other of grant and release and lastly some of grant and render and upon grant All which plainly appear by examples hereafter ensuing Also in Concords be not repeated all the words in the Writ but the general words thereof only as Mannor Tenement Rent Common Advowson c. as appeareth in the ensuing examples of Concords Observations at the knowledging of Fines and first how to acknowledge a Fine before the Lord Chief Justice of the Common Pleas. FIrst you are to take notice that none but the Lord Chief Justice can take cognisance of Fines without dedimus potestatem which privilege is given him by the prerogative of his Office Dyer f. 224. Pla. 31. Wherefore if you would acknowledge your Fine before him out of Court you must first draw your praecipe and Concord in paper and bring the parties that must acknowledge the Fine to my Lords Chamber and deliver your praecipe to my Lords Clerk of the Fines who will read it to them in presence of my Lord and their hands being first set to it he acknowledgeth it before my Lord and he putteth his hand to it for which you pay to the Clerk for my Lords see 9 s. 8 d. Which being done the Clerk will ingross the precipe and Concord in Parchment and get my Lords hand to that which you must fetch from him and give him his fce for the ingrossing thereof then you must carry it to the Cursitor of the Shire where the land lies and leave it with him to have a Writ of Covenant made by it when the Writ is made before you passe it under seal you carry it to the Alienation Office where you are to pay a Fine for licence or leave to alien and there it is you must make your composition which is set by the Commissioners sitting for that purpose when you have informed the value there is one sits purposely with the Commissioners to take it who was formerly a Doctor The value being set down by one of the Commissioners if it exceed forty shillings or
afterwards be ingrossed though it be in another Term Haec est finalis Concord facta c. in Crastino pur beatae M. Et post concessa recordata in quindena Pasc c. Dier f. 220. p. 15. f. 254. p. 104. But if the King die after the Writ of Covenant be returned and the Kings silver entetred and before the Fine be ingrossed yet the Writ of Covenant shall be resummoned and the Fine ingrossed otherwise if the Kings silver be not entred 1 H. 7. And in like manner if any Commissioner or Justice before whom a Fine is knowledged chance to die or be discharged of his or their Office before the Kings silver thereof be entred then may a Writ of Certiorari be directed out of the Chancery to the Justices discharged or to Executors or Administrators of such Commissioners or Justices so dying commanding them to certifie the note of the said Fine and Concord Fitz. f. 174. b. 8 H. 4. f. 5. 1 H. 7. f. 9. which being returned the Fine may proceed and be ingrossed A Fine knowledged of lands holden in Capite ought not to be ingrossed before a Licence of Alienation be sued out thereupon 33 H. 6. f. 52. and a Writ of quod permittat finem levari c. A Fine of a reversion ought not to be ingrossed until the Tenant for term of life atturn for until atturnment he is dispunishable of wast neither can the Cognisee avow upon him for the rent behind before Atturnment 22 H. 6. f. 13. plow f. 431. b. And the Cognisee may compell such Tenant for life to atturn by quid Juris clamat and if the Fine be of services he is compellable to atturn by a Writ of per quae servitia if of rent by a Writ of quem redditum reddit No. na br f. 47. a. b. and such Writs must be sued after the note of the Fine knowledged and the Kings silver entred and before it be ingrossed And by the Statute of 23 Eliz. ca. 3. notes of Fines and Concord knowledged for the levying of Fines are to be certified within one year next after the knowledging thereof or else the person taking knowledge of such Fines is not bound to certifie the same Neverthelesse if it be certifyed afterwards it is good enough Thus having briefly discovered the impediments that hinder the certifying ingrossing of Fines knowledged and having left nothing untoucht of the proceeding in suing forth Fines let us go on to the subject matter the very forms of Fines and Concords A Writ of Covenant of Common COmmand c. of three Messuages c. with appurtenances in D. and T. and of Common of pasture for all and all manner of beasts and of pasture for 400 sheep with the appurtenances in D. in the Parish of C. And unlesse he shall do it then summon by good Summoners c. Of Land and Sheep walk COmmand c. of one Messuage one Curâ—ilage one Garden c. and five pounds rent with the appurtenances in F. Also of liberty of one Foldage and of Sheep walk with the appurtenances in F. And unlesse c. Of Wood and Foldage COmmand c. of one hundred acres of wood with the appurtenances in N. and of the liberty of Foldage for 40 sheep wirh the appurtenances in S. And unlesse c. Of Wood. COmmand oâ— c. and four roods of Wood c. in the Parishes of B. and L. c. COmmand c. of 2 parts in 3 parts to be divided 8 acres of land 40 acres of pasture 40 acres of fresh and marish land with the appurtenances in D. c. And unlesse c. Of a Parsonage impropriate and of the Moyety of tithes COmmand c. of the Rectory impropriate of H. with the appurtenances of the moiety of all the tithes of Grain Corn Herbage and Hay of the lands called the B. laâ—ds with the appurtenance in H. aforesaid c. And unlesse c. Of a Mannor of rent and of free-folding for Sheep COmmand c. of the Mannor of c. And ten shillings rent and of free-folding for sheep with the appurtenances in R. and of the hundred of L. And unlesse c. A Writ of Covenant of 3 parts of 4 Messuages 4 Cottages c. COmmand W. S. that he hold Covenant c. of the 3 part of 4 Messuages 4 Cottages one Mill 10 Gardens 10 Orchards 200 acres of Land 200 acres of Meadow 200 acres of Pasture 30 acres of Moor 30 acres of Turbarie and 5 s. rent with the appurtenances in A. B. C. D. and of the third part of the view of frank pledge of the goods and Chattles waived of Fugitives put in exigent felons de se deodands treasure found and extrahur with the apurtenances in M. c. Also of the third part of the Rectorie of the Church of K. with the appurtenances And unlesse c. A Writ of Covenant of Tithes Leic. ss COmmand T. N. Knight that he hold Covenant c. of the profits of Grain Hay Wool and Lambs and of all other Tithes with the appurtenances in M. And unlesse c. A Writ of Covenant of the Scite of a Monastery Derb. ss COmmand A. B. that he hold Covenant to C. D. of the Scite of the Monastery of B. with the appurtenances and of 20 Messuages c. and of Common of Pasture for all manner of beasts and of 100 shillings rent and of the rent of henns and rent work with the appurtenances in â— and F. And unlesse c. And the Concord is such to wit that the aforesaid A. B. hath recognised the aforesaid Scite Tenement Common of Pasture and rents with the appurtenances to be the right of the said C. as those c. with release and Warranty c. A Writ of Covenant of divers things Linc. ss COmmand F. M. Esq and T. M. Son and Heir apparent of the â—ame F. that they hold Covenant to F. F. and N. R. Gentlemen c. of the Mannors of T. S. and H. near N. upon Trent And of 40 Messuages 20 Cottages 40 Tofts 30 Barns 2 Water-mills 1 Wind-mill 3 Dove-houses 40 Gardens 40 Orchards a thousand acres of land a thousand acres of Meadow 1000 acres of pasture 500 acres of wood 100 acres of Marish 100 acres of Furres and Heath 100 acres Willows 100 acres Rushes 500 acres of Moor 4 l. rent and the rent of half a pound of pepper with the appurtenanceâ— in T. c. And also 50 Mines of Coal with the appurtenances in T. S. and also of the Advowson of the Church of T. and H. And unlesse c. A Writ of Covenant of Dismes and Tithes Notting ss COmmand D. F. that c. he â—old Covenant to R. Y. Esq c. of the Titnes of Sheafs Grain and Hay with the appurtenances in R. and W. and of the tithes af Hay in V. also of the tithes of Wool Lambs Offerings Obventions and
Emoluments and of all other tithes whatsoever coming growing and renewing in W. aforesaid And unlesse c. COmmand T. B. and A. his Wife that they â—old Covenant to C. W. Esquire c. of the Rectorie of L. and of the Advowson of the Vicaridge of L. and of 10 Messuages 10 Cottages 10 Barns 10 Gardens c. with the appurtenances in L. aforesaid And unlesse c. COmmand c. that justly c. of 10 Messuages c. in W. also of the Rectory of the Church of G. and of the tithes of Grain Hay Wool Lambs and all other tithes whatsoever in G. aforesaid and also of the Advowson of the Vicaridge of the Church of G. â—foresaid with the appurtenances And unâ—esse c. A Release by Fine by one to two Surr. ss COmmand W. W. that justly c. he hold to L. and A. P. Covenant c. of six Messuages c. with the appurtenances in C. W. and E. c. And unlesse c. And the Concord is such to wit that the aforesaid W. hath recognised the aforesaid Tenements with the appurtenances to be the right of the said I. as those which the same I. and A. have by the gift of the aforesaid W. And those he hath remised and quite claimed from himself and his heirs to the aforesaid I. and A. and their heirs for ever And furthermore the same W. hath granted for himself and his heirs that he will warrant to the aforesaid I. and A. and the heirs of him the aforesaid I. the aforesaid Tenements with the appurtenances against the aforesaid W. and his heirs for ever And for this c. A Fine upon Cognisance de droit by the Husband and Wife to two Surr. ss COmmand I. T. and A. his Wife that justly c. they hold to W. R. and R. D. Covenant c. of 4 Messuages 4 Tofts 40 acres of land 20 acres of Meadow 120 acres of Pasture and five shillings and four pence rent with the appurtenances in S. And unlesse c. And the Concord is such to wit that the aforesaid I. and A. have recognised the aforesaid Tenement with the appurtenances to be the right of him the said W. as those which the said W. and R. have by the gift of the aforesaid I. and A. And those they have remised and quite claimed from the said J. and A. and the heirs of him the said I. to the aforesaid W. and R. and the heirs of him the said W. for ever And furthermore the same I. A. have granted for themselves the heirs of him the said A. that they will warrant to the aforesaid W. and R. and the heirs of him the said W. the aforesaid Tenement with the appurtenances against the aforesaid I. and A. and the heirs of him the said I. for ever And for this Recognisance remise quite claim Warranty Fine and Concord the same W. and R. have given to the aforesaid I. and A. two hundred and forty pounds sterling A Fine by Baron and Feme and another Linc. ss COmmand R. B. Gentleman and T. R. and M. his Wife that they hold to T. B. Gent. Covenant c. of 30 acres of land 2 acres of Meadow 3 acres of Pasture and 6 acres of wood with the appurtenances in C. And unlesse c. And the Concord is such to wit that the aforesaid R. T. and M. have recognised the Tenements aforesaid with the appurtenances to be the right of him the said T. B. as those which the same T. hath by the gift of the aforesaid R. T. M. those they have remised and quite claimed from them the said R. T. and M. and the heirs of him the said R. to the aforesaid T. B. and his heirs for ever And furthermore the same R. T. and M. have granted for themselves and the heirs of him the said R. that they will warrant the Tenements aforesaid with the appurtenances to the aforesaid T. B. and his heirs against the aforesaid R. T. and M. and the heirs of him the said R. for ever And for this c. A Fine of a parcel in reversion by a Coparcenar Surr. ss COmmand T. W. and K. his Wife that justly c. they hold to G. S. the Covenant between them made of the third part of 8 Messuages 7 Gardens 40 acres of land 10 acres of Meadow 20 acres of Pasture 50 acres of Wood with the appurtenances in A. B. C. and D. And the Concord is such to wit that the aforesaid T. and K. have recognized the third part aforesaid with the appurtenances to be the right of the aforesaid G. and have granted rhat the same third part with the appurtenances which M. B. Widdow holdeth for Term of her life of the inheritance of the said K. the day that this Concord was made and which after the death of the same M. unto them the said T. and K. ought to revert shall remain to the foresaid G. and his heirs for ever to hold c. Moreover the same T. and K. have granted for themselves and the heirs of him the said K. that they will warrant to the aforesaid G. and his heirs the third part aforesaid with the appurtenances as aforesaid against themselves and the heirs of him the said R. for ever And for this c. A Fine by an Earl Husband and Wife to an Arch bishop and one other Midd. ss COmmand I. L. Knight Lord L. and I. his wife that justly and without delay they hold to the reverend father in Christ T. Y. by the Divine permission Archbishop of York Primate of England and G. E. the Covenant between them made of the Mannors of R. and M. with the appurtenances and of 50 Messuages 500 Tosts 200 Cottages 6 Mills 500 Barns 500 Gardens 5000 acres of land 1000 acres of Meadow 6000 acres of Pasture 1000 acres of Wood 10000 acres of Furres and Heath and of five hundred pounds rent with the appurtenances in R. C. A. or else S. T. V. W. and E. and of the Advowson of the Church of E. aforesaid And of the view of Frank pledge of K. C. and A. aforesaid And unlesse c. And the Concord is such to wit that the aforesaid I. L. Knight Lord L. and I. his Wife have recognised the Mannors Tenements Rents Advowson and view of Frank pledge aforesaid with the appurtenances to be right of him the said T. Y. Arch bishop of York as those which the same T. Y. Arch bishop and G. and L. have by the gift of the aforesaid I. L. and I his Wife and those they have remised to T. Y. Arch bishop and G. L. the heirs of him the said T. Y. Arch bishop for ever And moreover the same I. L. I. his Wife have granted for themselves and the heirs of him the said L. that they will warrant the Mannors Tenements Rents Advowson and view of Frank pledge aforesaid with the appurtenances to the
aforesaid T. Y. Archbishosh of York and G. L. and the heirs of him the said T. Y. Arch-bishop against all men for ever And for this c. A Concord from two to two with special Warranty ANd the Concord is such that the aforesaid A. and B. have recognised the aforesaid Mannors Mills Dovehouses Tenements Common of Pasture with the appurtenances to be the right of him the said C. as those that the same C. and D. have by the gift of them the said A. and B. and those they have remised and quite claimed from themselves and the heirs of him the said A. to the aforesaid C. and D. and the heirs of him the said C. for ever And furthermore the same A. hath granted for himself and his heirs that he will warrant to the aforesaid C. and D. and the heirs of him the said C. the aforesaid Mannors Mills Dovehouses Tenements Rents Common of Pasture with the appurtenances against themselves and their heirs for ever And furthermore the same B. hath granted for himself and his heirs c. as above A Fine upon recognisance of right as that which he hath of his right with release and warranty by Husband and Wife to a third person with a general Warranty Devon ss COmmand I. H. and V. his Wife that justly c. they hold to R. P. Gent. the Covenant of the Mannor of B. with the appurtenances and of 20 Messuages 3 Tofts 6 Cottages 4 Barns one Water-mill one Wind-mill one Fulling-mill one Dove-house 20 Gardens 10 Orchards 100 acres of Land 100 acres of Meadow 1000 acres of Pasture 10 acres of Wood 20 acres of Willows 100 acres of Furres and Heath 20 acres of Moor 20 acres of Turbarie 30 acres of Mosses 6 acres of Rushes 20 acres of fresh Marish and 30 acres of salt Marish 2 acres of Alders 10 Marks rent with the appurtenances in B. C. and D. Also of free fishings in the waters of B. C. and D. and of severall fishing in the water of S. also of the advowson of the Church of B. by turns when it shall happen And unlesse c. And the Concord is such to wit that the aforesaid I. V. have recognised the mannors and tenements rents and free fishing aforesaid with the apurtenances and the advowson aforesaid to be the right of him the said R. as those which the same R. hath by the gift of the aforesaid I. and V. and those they have remised and quite claimed from them the said I. and V. the heirs of him the said I. to the aforesaid R. and his heirs for ever and moreover the said I. and V. have granted for themselves and the heirs of him the said I. that they will warrant to the aforesaid R. and his heirs and assigns the aforesaid mannors tenements rents and free-fishings with the apputtenances and the advowson aforesaid against all men for ever And for this recognizance remise quite claim warranty fine and concord the same R. hath given to the aforesaid I. and V. forty pounds A Concord of many things together sur cognisance de droit come ceo c. THis is the finall c. in the year c. before c. Justices and other faithfull men then there present between I. A. Plantiff and M. B. Deforcient of the honour of D. the Castle of the Shriefdome of S. with the hundred the members and their appurtenances the Isle of D. the Barony of D. the hundred of D. the borough of D. one Knights-fee in D. the Scite Circuit and precinct late of the Monasterie of D. the mannor of D. with the appurtenances the Scite of the mannor of D. the Grange of D. the Park of D. the preâ—end of D. one capitall Messuage 2 Messuages 2 Tofts 2 Cottages 1 Dove-house 1 Fulling Mill 1 Water-Mill 1 Wind-Mill 1 Malt-Mill 1 Corn-Mill 1 Barn 1 Garden 1 Orchard 10 acres of Land 10 acres of Meadow 20 acres of Pasture 4 acres of Wood 40 acres of Furres and Heath 30 acres of moor 50 acres of Salt-marish 9 acres of Fresh marish 30 acres of Turbary 9 acres Rushes 9 acres of Willows 9 acres of Mosses 4 acres of land covered with water Common of Pasture for all or all kind of Beasts for 100 sheep 10 Horses Cows Hogs Geldings c. free warren free fishing liberty of foldage freefold for a Cart with salt peter lead a pit of Salt water twenty pounds ten marks ten shillings one penny one half penny farthing rent And the rent of one pair of Gloves one pair of gilded Spurs a barbed arrow one pair of Shoes 1 Coulter of a plow-sheer one pound of wax one pound of pepper one pound of Cummin one clove gilly flower one basket of madder one needle and thred one quarter of Corn one quarter of Barley one pair of Capons forty Cocks twenty Hens a thousand of Sheep and 100 Geese with the appurtenances in D. And of the common of pasture which the aforesaid M. B. hath and was wont to have for all his beasts in a hundred acres of pasture of the said I. A. in D. And of all and all manner of oblations tenths of Grain Sheafs Hay Wool Flax Hemp Swine Geese of the fields c. and other emoluments whatsoever belonging appertaining growing or being within the said appurtenances in D. And Thanage Stallage Picage Pontage within the borough of D. of a certain corodie for ones bread one flagon of beer for all men in D. And of a water pit and a water-course running from a place called H. beneath and through the lands called K. unto the Mill called S. A wear or floudgate in D. and of the view of Frank pledge the liberty and Franchises in D. also of the custody or office of the Custody of B. of the keeping of the Park and Forrest of D. and of the ofice of a Steward in D. of the Bayliwick or office of a Bayliffe in D. Also of the Fairs of D. every year at the feasts of N. M. there to be kept the Markets of D. quiet or free passage over the water D. the rectory of D. the advowson presentation donation free disposition and right of patronage of the Church of D. a certain portion of tenths and pensions in D. Also of the moiety of the mannor of D. with the appurtenances and of the third part of the tenement of C. in three parts divided except and always reserved the patronage together with the Advowson of the Vicaridge of the Church of D. and the Chapel to the same Rectory annexed and all tithes of Grain view of Frank-pledge and all things which to the view of Frank-pledge belong Wards Marriages Escheats Cattles of Felons waived extrahur Felons Fugitives Outlawes attainted with the Lands and Tenements of Outlawes and Waives whatsoever estraies Markets wreck of the sea and all and so many rights jurisdictions privileges franchises and free-holds aforesaid or any of them concerning and to the said M. B. and his heirs as of
the Mannot of D. belonging Whereupon plea of Covenant was summoned between them in the said Court to wit that the aforesaid M. hath recognised the aforesaid Honour Castle Sheriffdom Isle Baronie Hundred Borough Knights-Fee Scite Mannor Park Prebend Tenement Rents Common of Pasture free Warren free Fishing liberty of Saltpeter Lead Bullen Pit Rectory Tithes Oblations Thanage Stallage Piccage Pontage Corrodie Water pit view of Frank pledge Liberties Franchises Custodies Office of Steward Balywicks Fairs Markets Passage Wreck of the Sea Moyety and third parts with the Appurtenances and Advowsons Presentations free Disposition right of Patronage Portions and Pensions aforesaid to be the right of him the said I. as those which the fame I. hath by the gift of the foresaid M. And those he hath remised and quite claimed from himself and his heirs to the aforesaid J. his heirs for ever And furthermore the same M. hath granted for himself and his heirs that he will warrant to the aforesaid I. and his heirs the aforesaid Honor Castle Sheriffdome Isle c. as above against himself and his heirs for ever and for this recognisance fine c. A Fine of a Rent Nott. ss COmmand J. Earl of H. and Dame K. his Wife Countesse of H. that justly and without delay they hold to W. C. Covenant c. of 40 pounds yearly rent issuing out of the Mannor of E. c. And unlesse c. And the Concord is such to wit that the aforesaid Earl and Countesse have recognised the rent aforesaid with the appurtenances to be the right of him the said W. as those which the said W. hath by the gift of the aforesaid Earl Countesse and those they have remised and quite claimed from themselves and their heirs to the aforesaid W. and his heirs for ever And furthermore the said Earl and Countesse have granted for themselves and the heirs of him the said Earl that they will warrant the rent with the appurtenances to the aforesaid W. and his heirs against all men for ever And for this c. A Fine of part of a rent by Husband and Wife Suff. ss COmmand R. and J. his Wife that they hold to H. C. Covenant c. of the third part of five pounds six shillings and eight pence rent with the appurtenances issuing out of the Mannors of K. And unlesse c. And the Concord is such to wit that the aforesaid R. and I. have recognised the third part aforesaid with the appurtenances to be the right of him the said H. as that which the same H. hath by the gift of the aforesaid R. and I. And that they have remised and quite-claimed from themselves and the heirs of him the said I. to the aforesaid H. and his heirs for ever And furthermore the same R. and I. have granted for themselves and the heirs of him the said I. that they will warrant to the aforesaid H. and his heirs the aforesaid third part with the appurtenances against all men for ever And for this c. A praecipe with an exception and saving some parcels COmmand c. Covenant c of the Rectory of T. with the appurtenances except the Advowson of the Vicaridge of the Church of T. And unlesse c. And the Concord c. That the aforesaid A. hath recognised the Rectory aforesaid with the appurtenances except before excepted to be the right c. And that he hath remised c. except before excepted And furthermore the same c. hath granted for himself c. that he will warrant to the aforesaid c. the Rectory aforesaid with the appurtenances except before excepted c. A Concord with a render for life to the Husband and the Wife being the Conusors of parcel of Mannors and Lands conteined in the Writ of Covenant the remainder to the first and second begotton Sons of the Conusors in tail and to the heirs Malâ—s and for default of such issue then to the Conusors in general tail and for default of such issue then to the right heirs of the Conusors for ever with grant and render of ten Messuages c. residue of the same Mannor c. to the said Conusors ANd the Concord is such to wit that the â—foresaid T. and F. have recognised the Mannors Tenements and Rents aforesaid with the appurtenances to be the right of him the said E. as those which the same E. and R. have by the gift of the aforesaid T. F. and those they have remised and quite claimed from them the said T. and F. and the heirs of him the said F. to the aforesaid E. and R. and the heirs of him the said E. for ever And moreover the same T. and F. have granted for themselves and the heirs of him the said F. that they will warrant the Mannor Tenements and Rents with the appurtenances to the aforesaid E. and R. and the heirs of him the said E. against them the said T. and F. and the heirs of him the said F. for ever And for this recognisance c. the same E. and R. have granted to the aforesaid T. and F. the Mannor of S. aforesaid with the appurtenances and 10 Messuages 8. Cottages 20 acres of Land 20 acres of Meadow 160 acres of Pasture 300 acres of Moor six shillings rent with the appurtenances in A. and F. aforesaid parcels of the Mannor Tenements and rent aforesaid And those to them they have rendred in the same Court. To have and to hold to the aforesaid T. and F. for the term of the lives of them the said T. and F. and the life of the longer liver of either of them without impeachment of any manner of wast And that after the decease of the aforesaid T. and F. and the longer liver of either of them the aforesaid parcels of the Mannor Tenements and Rent aforesaid with the appurtenances shall remain to the first begotten Son of the bodies of the aforesaid T. and F. between them lawfully begotten and to the heirs males of the body of the aforesaid first begotten Son lawfully begotten To hold c. and if no heir of the body of the said first begotten son shall be lawfully begotten the aforesaid parcels of the Mannor Tenements and Rent aforesaid with the appurtenances shall remain to the second begotten Son of the body of the aforesaid T. and F. between them lawfully begotten and the heirs males of the body of the said second begotten Son lawfully begotten to hold c. And if no heir of the body of the said second begotten Son shall be begotten then the aforesaid parcels of the Mannor Tenements and rent aforesaid with the appurtenances to remain to the heirs of the bodies of the said T. and F. between them lawfully begotten to hold c. And if no heir of the bodies of the said T. and F. between them shall be lawfully begotten then the aforesaid parcels of the Mannor Tenements and Rent aforesaid with the appurtenances
â— H. Plantiffes T. N. I. his wife one of the Cousins and Heirs of R. E. Defortients of the Moyety of the Manâ—ors of W. and R. with the appurtenances and of the Moyety of 80 Messuages 40 acres of Land 300 acres of Meadow 50 acres of Pasture 100 acres of Wood 30 acres 〈…〉 and Heath 160 acres of Moore 200 acres of Marish and 20 shillings rent with the appurtenances in W. R. W. P. T. 〈…〉 of the advowson of the Moyety of the 〈◊〉 of E. W. P. and R. and 〈…〉 of the Moyety of the 〈…〉 of L. whereof Plea of Covenaâ—◠〈…〉 between them in the 〈…〉 that the aforesaid T. and â— â—ave 〈…〉 the aforesaid Moyeties with the appurtâ—nances and the advowsons afoâ—â—said to â—e â—â—e right of him the said A. of which the said A. and L. have by gift the Moyety aforesaid of the Mannor of R. with the appurtenances also the Moyety of 80 Messâ—â—geâ— 260 acres of Land 100 acres of Meadow â—00 acres of Pasture 80 acres of Wood 200 acres of Ling and Heath 140 acre of Marisâ— 100 acres of Moore and six pounds six shillings rent with the appurtenances in R. T. H c. and also the advowson of the moyeâ—y of the Church of R. and the advowson of the moyety of the Monastery or Priory of L. parcelâ— of the Moyety of the Mannors Tenements rent and advowsons aforesaid by the gift of the aforesaid T. and I. and those they have remised and quite claimed from them the said T. and I. and the Heirs of him the said I. to the aforesaid A. and L. and the Heirs of him the aforesaid A. for ever And furthermore the said T. and I. have granted for themselves and the Heirs of hâ—m the said I. that the moyety of the Mannor of W. and the moyety of 30 Messuages 250. acres of Land 100 acres of Meadow c. with the appurtenances in W. P. E. and W. aforesaid and the advowsons of the moyety of the Churches of P. E. and W. aforesaid being the residue of the moyety of the Mannors Tenements rent and advowsons aforesaid which E. E. holdeth for term of her life of the inheritance of the aforesaid I. the day that this Concord was made and which after the decease of the said E. E. unto the aforesaid T. and I. and the Heirs of him the said I. ought to revert after the decease of her the said E. E. wholly shall remain to the aforesaid A. and L. and the Heirs of him the said A. to hold together with the aforesaid moyety and advowson which to them by this Fine do remain of the chief Lords of that Fee by the services which unto those moyeties and advowsons do belong for ever And the aforesaid T. and I. and the Heirs of him the said I. will warrant to the aforesaid A. and L. and the Heirs of him the said A. the aforesaid moyeties with the appurtenances and the advowsons aforesaid as aforesaid against all men for ever And for this recognisance remise quite claim warranty fine and Concord the said A. and L. have granted to the aforeaid T. and I. the aforesaid Moyetie oâ— the Mannor of R. and the moyety oâ— the Tenements with the appurtenances aforesaid in R. T. H. c. aforesaid Also the advowson of the moyety of the Chuch of R. aforesaid the advowson of the moyety of the Monastery or Priory of I. aforesaid and those to them they have rendred in the said Court. To have and to hold to the said T. and I. and the Heirs of him the said I. of the chief Lords of that Fee by the services which unto those moyeties and advowsons do belong for ever And also the said A. and L. have granted the aforesaid moyety of the Mannor of W. with the appurtenances and the aforesaid Moyety of the the Tenements with the appurtenances in W. P. E. c. aforesaid to the said T. and I. and those also have rendred in the said Court. To have and to hold immediatly after the death of the aforesaid E. E. to the said T. and I. and the Heirs of him the said I. of the chief Lords of that Fee by the services which unto that moyety and advowson do belong for ever A Grant of Lands by Fine to two who render to the Cognisor in tail and for default of such issue to R. T. in generall tail the remainder to another and his Heirs for ever ANd the Concord is such c. that the aforesaid A. hath recognised the Tenements aforesaid with the appurtenances to be the right of him the said I. as those which the said I. and D. have by the gift of the aforesaid A. and those he hath remised c. and for this c. the said I and D. have gran-to the aforesaid A. the Tenements aforesaid with the appurtenances And those to him they have rendted in the said Court To have and to hold to the said A. and the Heirs of the body of him the said A. lawfuly begotten and for default of such issue then the Tenements aforesaid with the appurâ—enances whloly shall remain to the Heirs of the body of R. T. Son of the aforesaid A. and the Heirs of the body of them â—awfully begotten and for default of such issue then the Tenements aforesaid with the appurtenances shall remain to D. E. and his Heirs for ever c. A Grant of Lands in tail to be holden of the Grantor in Soccage York ss COmmand S. B. Esq that he hold to W. S. Covenant of three Messuages c. with the appurtenances in C. And unlesse c. And the Concord is such to wit that the aforesaid S. hath granted to the aforesaid W. the Tenements aforesaid with the appurtenances and those to him he hath rendred in the said Court. To have and to hold to the said W. and the Heirs of his body lawfully begotten of the aforesaid S. and his Heirs in Soccage by Fealty only for all services and demands which unto the aforesaid Tenements do belong for ever And if it happen that the said W. shall dye without Heir of his body lawfully begotten then after the decease of him the said VV. the Tenements aforesaid with the appurtenances shall wholly remain to I. S. Grandfather of the aforesaid W. and the Heirs of the body of him the said I. lawfully begoten To hold c. ut antea And if no Heir of the body of the said I. shal be lawfully begotten then the aforesaid Tenements with the appurtenances shall wholly revert unto the aforesaid 〈◊〉 and his Heirs quite from other Heirs of the aâ—orâ—said W. and I. to hold of the chief c. And furthermore the aforesaid S. and his Heirs will warâ—ant to the aforesaid W. and the Heirs of his body lawfully begoten and to the aforesaid I. and the Heirs of his body lawfully begotten if the said W. shall dye without heir of his body lawfully begotten the aforesaid Tenements
Fine by the Husband and the Wife to the Husband and Wife with a Render Staff ss COmmand c. that justly c. keep Covenant c. of the Mannor of B. And unlesse c. And the Concord is such to wit that the aforesaid I. â— and E. have recognised the Mannor aforesaid with the appurtenances to be the right of him the said R. as those which the said R. and M. have by the gift of the aforesaid I. and E. and those they have remised and quite claimed from them the said I. and E. and the Heirs of him the said E. to the aforesaid R. and M. and the Heirs of him the said R. for ever And furthermore the said I. and E. have granted for themselves and the Heirs of the said E. that they will warrant the aforesaid Mannor with the appurtenances to the aforesaid R. and M. and the Heirs of him the said R. against all men for ever And for this recognisance remise quite claim warranty fine and concord the said R. and M. have granted for themselves and their Heirs to the aforesaid I. and E. and the Heirs of the body of him the said E. lawfully begotten four pounds rent issuing out of the Mannor aforesaid with the appurtenances and those to them they have rendred in the said Court. To have and perceive every year that is to say one moyety thereof at the Feast of St. M. and the other moyety thereof at the Feast of th' Annunciation of the blessed Virgin Mary to the said I. and E. and the heirs of the body of the said E. lawfully begotten by equal portions yearly to be paid by the hands of the Tenants which shall hereafter hold the said Mannor with the appurtenances And moreover the said R. and M. have granted for themselves and their heirs that if the aforesaid rent at any term wherein it ought to be paid shall be in arrear in part or in all that then it shall be lawfull for the aforesaid I. and the heirs of the body of him the said I. lawfully begotten to distrain the aforesaid R. and M. and their heirs and those which hereafter shall hold the said Mannor by all their goods and chattels in the said Mannor with the appurtenances found for twenty shillings in name of a pain for every Term so being in arrear by the space of one moneth And those to retain until full payment as well of the aforesaid four pounds rent as of the aforesaid twenty shillings Nomine poene which to them shall be in arrear c. A writ of Covenant that was for the King for the Tith-corn of a Parish and the manner of the endorsment thereof used by his Attorney General Essex ss COmmand A. B. and C. that they hold to us Covenant between us and the aforesaid A. and C. made of all and all manner of Tithes of grain growing comming or renewing within the said Parish of Hotton And unlesse they shall doe it summon by good summoners c. The Endorsment is thus Edward Coke Esq Attorney General of our Soveraign Lord the King for the said Soveraign Lord the King prosecutes this Writ A Fine knowledged by T. W. to I. R. of one Messuage one Barn of Land Meadow and Pasture and warranty against all men Essex ss COmmand T. W. Esq that justly c. he hold to I. R. the Covenant between them made of one Messuage one barn 25 acres of land 4 acres of meadow and 10 acres of pasture with the appurtenances in L. And unlesse c. And the Concord is such to wit that the aforesaid T. hath recognised the Tenements aforesaid with the appurtenances to be the right of the said I. as those which the said I. hath by the gift of the aforesaid T. And those he hath remised and quite claimed from himself and his heirs for ever And furthermore the said T. hath granted for himself and his heirs that he will warrant the Tenements aforesaid with the appurtenances to the aforesaid I. and his heirs against all men for ever And for this recognisance c. A Fine knowledged by the Husband and Wife and the Cognisee by the same Fine granteth and rendreth back again the premises to the said Conusors and to the heirs of the Husband one of the said Conusors for ever COmmand T. B. and E. his Wife that justly c. they hold to W. L. and I. K. the Covenants between them made of the Mannor of W. with the appurtenances and of 2 Messuages 80 acres of land 100 acres of Pasture 60 acres of wood and 5 shillings rent with the appurtenances in H. and B. And unlesse c. And the Concord is such to wit that the aforesaid T. and E. have recognised the Mannor Tenements and Rent aforesaid with the appurtenances to be the right of the said W. as those which the said W. and I. have by the gift of the aforesaid T. and E. and those they have remised and quit claimed from the said T. and E. and their heirs to the aforesaid W. and I. and the heirs of the said VV. for ever And furthermore the said T. and E. have granted for themselves and the heirs of the said E. that they will warrant the Mannor Tenements and rent aforesaid with the appurtenances unto the aforesaid W. and I. and the heirs of him the said W. against all men for ever And for this Recognisance c. the said W. and I. have granted to the aforesaid T. the Mannor Tenements and Rent aforesaid with the appurtenances and those to him they have rendred in the said Court. To have and to hold to the said T. and his heirs for ever A Fine knowledged by H. K. and I. his wife I. C. and K. his Wife to R. G. of one Messuage one Garden of land and pasture and the same Conusors for them and the heirs of Jo. do warrant two parts of the premisses in 3. parts divided to the Conusee and his heirs against all men for ever COmmand I. H. and I. his Wife that justly c. they hold to R. G. the Covenant between them made of one Messuage one garden 40 acres of land and 4 acres of pasture with the appurtenances in c. And unlesse c. And the Concord is such that the aforesaid I. and I. have recognised the Tenements aforesaid with the appurtenances to be the right of the said R. as those which the said R. hath by the gift of the aforesaid H. I. I. and K. and those they have remised and quite claimed for them the said H. and I. I. and K. and their heirs to the aforesaid R. and his heirs for ever And furthermore the said H. and I. I. and K. have granted for themselves and the heirs of the said I. that they will warrant two parts of the Tenements aforesaid with the appurtenances in three parts divided to the aforesaid R. and his heirs against all men for ever And for
in the said Court. To have and to hold to the said I. and M. and the Heirs of him the said I. for ever of the chief Lords of the Fee by the services which unto the aforesaid Tenements with the appurtenances do belong for ever A Fine accknowleged by G H. and D. his Wife T. S. Esq and M. his Wife of forty acres of Land to R. B. and W. N. with Warranty and the Conuses do grant and render to the said D. and to his Heirs all mines of Coles in a Close parcel of the Premises called Stanley Field with liberty to digge for the same COmmand G. H. Esq and D. his Wife T. S Esq and M. his Wife that justly c they hold to R. B. and W. W. the covenant between them made of 40. acres of Land with the appurtenances in Stanley and Spendon And unless c. And the Concord is such to wit that the aforesaid G. D. T. and M. have recognised the Tenements aforesaid with the appurtenances to be the right of him the said R. as those which the said R. and W. have by the gift of the aforesaid G. D. T. and M. and those they have remised and quite claimed from them the said G. D. T. and M. and their Heirs to him the aforesaid R. and W. and the Heirs of the said R. against the aforesaid G. D. T. and M. and the Heirs of him the said T. for ever and for this recognisance The Conusees do grant and render 〈◊〉 mines in part of the Premises to 〈◊〉 of the Coâ—â—sorâ— and 〈◊〉 to get â—heâ— c. the aforesaid R. and W. have granted to the aforesaid G. D. all mines of coales being in a field patcel of the Tenements aforesaid called Stanley Field also free ingress and egress in and upon the aforesaid Field to digge in those mines for those Coales all times of the year at the free will and pleasure of the said G. and D. and the Heirs of him the said D And all those to them they have rendred in the said Court. To have take and perceive the aforesaid mines ingresse â—gresse and liberty aforesaid with the appurtenances to the aforesaid G. and D. and the Heirs of him the said D. for ever A Fine knowledged by W. K. and K. his wife of the third part of one Messuage one Barn one Garden c. to I. K. and T. H. with warranty against all men and the said Conusees do grant and render to the said S. one of the Conusors the said third part of the Premiseâ— from Mich. or the Annuntiation c. which first shall happen to be the next after the death of one E. now the Wife of W. T. for the term of 21 years reserving a rent yearly to the Conusees with a clause of Distress for the said rent and lastly the said Conusees grant and render the reversion of the said Premises to W. K. and K. his Wife being two of the said Conusors in the said Fine and to the Heirs of the said K for ever COmmand W. K. and K. his Wife that justly c. they hold to I. K. and T. H. the Covenant between them made of the third part of one Messuage one barn one garden 30 acres of land 2 acres of meadow and 10 acres of pasture with the appurtenances in c. And unless c. Warranty And the Concord is such to wit that the aforesaid W. K. and S. have recognised the third part aforesaid with the appurtenances to be the right of the said I. as those which the said I. and T. have by the gift of the aforesaid W. K. and S. And those they have remised and quite claimed from them the said W. K. and S. and their heirs to the aforesaid I. and T. and the heirs of him the said I. for ever And furthermore the said W. K. and S. have granted for themselves and the heirs of him the said K. that they will warrant the third part aforesaid with the appurtenances to the aforesaid I. and T. and the heirs of him the said I. against all men for ever And for this recognizance the said I. and T. have granted to the aforesaid S. the third part aforesaid with the appurtenances that to him they have rendred in the said Court. To have and to hold to the said S. from the Feast The render of St. Michael the Archangel or from the Feast of the Annunciation of the blessed Virgin Mary which shall first and next happen or shall be after the death of one E. now Wife of W. T. and late wife of R. C. deceased unto the end and term of 21 years from thence next coming and fully to be compleat yeilding therefore by the year to the aforesaid I. and T. twelve pence at the Feasts of the Annuntiation of the blessed Virgin Mary and of St. Michael the Arch-angel by equall portions to be paid And if it happen the aforesaid yearly rent of twelve pence or any parcell Clause of Distress for the rent thereof to be behind and unpaid in part or in all after any Feast of the Feasts aforesaid wherein as aforesaid it ought to be paid That then it shall be lawfull for the aforesaid I. and T. their Heirs and assigns into the third part aforesaid with the appurtenances and into every parcel thereof to enter and distrain and the Distresses so there taken it may be lawfull from them to lead drive bear away and in their custody to retein untill of the aforesaid yearly rent of twelve pence and of every parcel thereof together with the arteages thereof if any shall be they shall be fully satisfied and paid Also the said I. K. The Grant of the reversion and the rent reserved upon the Lease for 21 years and T. H. have granted to the aforesaid W. and K. the reversion of the third part aforesaid with the appurtenances and the rent aforesaid above reserved And those to them they have rendred in the said Court. To have and to hold to the said W. and K. and the Heirs of him the said K. for ever of the chief Lords of the Fee by the Servicâ—s which unto the said third part do belong for ever A Fine knowledged by W. P. and M. his Wife of a Mannor c. one water-Mill one Wind-Mill three Dove-houses c. to E. B. and R. C. and the Conusees by the same Fine do grant unto the said M. a yearly rent of twelve pounds going out of the said Mannor Habendum from Mich. or the Annuntiation next after the death of the said W. P. her Husband and one of the Conusors in the said Fine during her life in the full recompence of her Title of Dower or joynture in any of the Lands of her said Husband with a clause of Distresse for the said rent And lastly the said Conusees grant and render again the said Mannor c. to the said VV. P. the Conusor and Husband to
the said M. and to his Heirs for ever warranty ANd the Concord is such to wit that the aforesaid W. and M. have recognised the Mannor and Tenements aforesaid with the appurtenances to be the right of him the said E. and R. as those which the said E. and R. have by the gift of the aforesaid W. and M. and those they have remised and quite claimed from themselves and their Heirs to the aforesaid E. and R. and the Heirs of him the said E. for ever And furthermore the said W. and M. have granted for themselves and the Heirs of the said W. that they will warrant the Mannor and Tenements aforesaid with the appurtenances to the aforesaid E. B. and R. and the Heirs of him the said E. against all men for ever And for this recognisance c. The said R. and E. have granted to the aforesaid M. one yearly rent of 12 l. issuing A Grant of a rent in recompence of joynture and Dower out of the aforesaid Mannor and Tenements with the appurtenances To have and to hold and yearly to perceive the aforesaid yearly rent of 12 pounds to the aforesaid M. and his assigns from the Feasts of St. Michael the Arch-angel or the Annuntiation of the blessed Virgin Mary next and immediatly following after the death of the aforesaid W. for and during the naturall life of the said Mary at two Terms of the year viz. at the Feasts of St. Michael the Arch-angel and the Annuntiation of the blessed Virgin Mary by equal portions yearly to be paid in full recompence of all the Title either of joynture or Dower which to the said M. ought to happen of any of the Lands or Tenements of the aforesaid W. P. And if it happen the aforesaid yearly rent of 12 pounds or any parcel thereof to be behind and unpaid after any Feast of the Feasts aforesaid wherein as aforesaid it ought to be paid That then and so often it shall and may be lawful for the aforesaid M. and his assigns into the aforesaid Mannor and Tenements or into any parcell thereof to enter and distrain the Distresse or Distresses so there taken to lead drive The render of the mannor c. To the Conusor and his Heirs for ever away and in their custody to retein untill of the aforesaid yearly rent of 12 pounds and of every parcel thereof together with the arrearages of the same if any shall be they shall be fully satisfied and paid And furthermore the said E. and R. have granted to the aforesaid W. the Mannor and Tenements aforesaid with the appurtenances and those to him they have rendred in the said Court To have and to hold the aforesaid Mannor with the appurtenances to the aforesaid W. and his heirs for ever To hold c. A Fine knowledged by I. G. alias G. and M. his wife to R. R. Knight Lord R. of one Messuage one Barn and one hundred shillings rent the parsonage of B. and the advowson of the Vicaridge of B. with warranty against the Conusor and his wife and the Heirs of the Husband COmmand I. G. otherwise G. I. and M. â—is wife that they hold to R. R. Knight Lord R. the Covenant c. of one Messuage one Barn fifteen acres of Land six acres of Meadow twenty acres of Pasture and five pounds rent with the appurtenances in B. and of the Rectory of B. aforesaid Also of the advowson of the Vicaridge of the Church of B. And unlesse c. And the Concord is such to wit that the aforesaid I. and M. have recognised the aforesaid Tenements Rent and Rectory with the appurtenances and the advowson aforesaid to be the right of him the said Lord R. as those which the said Lord R. hath by the gift of the aforesaid I. and M. and those they have remised and quâ—te claimed from them the said I. M. and their Heirs to the aforesaid Lord R. and his Heirs And furthermore the said I. and M. have granted for themselves and the Heirs of the said I. that they will warrant to the aforesaid Lord R. and his Heirs the aforesaid Tenements Rent Rectory with the appurtenances and the advowson aforesaid against the aforesaid I. and M. and the Heirs of him the aforesaid I. for ever And for this c. A Fine knowledged by I. S. and M. his wife of one Garden c. with two severall warranties The first warranty against the Conusors and their Heirs onely and in the second the said I. S. and M. his wife grant to warrant the Premises for them and the Heirs of the Husband against all men COmmand I. S. and M. his wife that justly c. they keep with N. M. the Covenant between them made of one Garden and ten acres of Land with the appurtenances in S. and unlesse c. And the Concord is such to wit that the aforesaid I. and M. have recognised the Tenements aforesaid with the appurtenances to be the right of him the said N. and those they have remised and quite claimed from them the said I. and M. and their Heirs to the aforesaid N. and his Heirs for ever And furthermore 1. warranty the said I. and M. have granted for themselves and the Heirs of him the said I. that they will warrant the Tenements aforesaid with the appurtenances to the aforesaid N. and his Heirs for ever And moreover the said I. and M. have granted for themselves and the Heirs of him the said I. that they will warrant 2 Warranty the aforesaid Tenements with the appurtenances to the aforesaid N. and his Heirs against all men for ever And for this c. A Fine knowledged by E. R. of a Mannor c. with warranty against all men COmmand E. R. Esq that justly c. he hold to H. W. Gent. the Covenant between them made of the Mannor of S. with the appurtenances and of 12 Messuages 10 Tofts 10 Gardens 2 Wind-mills 600 acres of Land 40 acres of meadow 6 acres of pasture 200 acres of Wood 50 acres of Furrs and Heath and 6 pounds rent with the appurtenances in c. And unlesse c. And the Concord is such to wit that the aforesaid E. R. hath recognised the Mannor Tenements and rent aforesaid with the appurtenances to be the right of him the said H. W. as those which the said H. hath by the gift of the aforesaid E. And those he hath remised and quite claimed from him the said E. and his heirs to the aforesaid H. and his heirs for ever And furthermore the said E. hath granted for himself and his heirs that they will warrant to the aforesaid A. and his heirs the Mannor Tenements and Rent aforesaid with the appurtenances against all men for ever And for this c. A Fine acknowledged within the County of Chester by H. S. Esq to W. F. R. C. of divers Mannors c. with warrantie against all men And the
Conusors by the same Fine grant and render the same Mannors c. unto the Conusor and his heirs males and for default of such heirs males then to certain persons for the life of I. S. brother unto the said Conusor and after his death to his heirs males And if the said I. S. died without heir male then to divers others of the name and kindred of the Conusor and to their heirs males and for default of such heirs the last remainder in fee to the right heirs of the Conusor for ever THis is the final concord made in the Court of c. at Chester Wednesday c. In the year c. before M. H. Knight Justice c. between W. F. and R. C. Plaintiffs and H. S. of O. in the County of Chester Esq of the Mannor of O. O. with the appurtenances and of 14 Messuages 500 acres of Land 200 acres of Meadow 500 acres of pasture 60 acres of wood 100 acres of Moor and Marish and 2 shillings rent with the appurtenances in O. O. in C. and W. and of the moyety of the Mannor of E. with the appurtenances and of 6 Messuages 100 acres of Land 100 acres of Meadow 20 acres of Pasture 2 acres of Wood 20 acres of Furrs and Heath with the appurtenances in E. whereof plea of Covenant was summoned between them in the said Court to wit that the aforesaid H. hath recognized the Mannor Tenements and rent aforesaid with the appurtenances and his aforesaid moyety of the Mannor of E. and the aforesaid Tenements in E. aforesaid with the appurtenances to be the right of him the said W. as those which the said W. and R. C. have by the gift of the aforesaid R. And those they have remised and quite claimed from him the said H. and his heirs to the aforesaid W. and R. and the heirs of him the said W. for ever And furthermore the said H. hath granted for himself and his heirs that he Warranty and his heirs will warrant the Mannors Tenements and Rent aforesaid and the aforesaid moyety of the said Mannor of E. and the aforesaid tenements in E. aforesaid with the appurtenances to the aforesaid W. and R. and the heirs of him the said W. against all men for ever And for this recognizance remise The render quite claim warranty fine and Concord the aforesaid W. and R. in the said Court have granted to the aforesaid H. M. the Mannors Tenements and rent aforesaid and the aforesaid moyety of the aforesaid Mannor of E. and the aforesaid Tenements in E. aforesaid with th' appurtenances and those to them they have rendred in the said Court. To have to remainders in tail the said H. and the Heirs males of his body lawfully begotten And if it happen the aforesaid H. to die without heir male of his body The remainders after the death of I. S. the Conusors brother to the heirs male of the said I. S. lawfully begotten That then the aforesaid Mannors Tenements and rent and the aforesaid moyety of the aforesaid Mannor of E. and the aforesaid Tenements in E. with the appurtenances after the death of the aforesaid H. S. to R. S. son and heir apparent of T. S. Esq to R. S. son of E. S. to R. B. and E. B. for term of the life of I. S. brother of the aforesaid H. may remain so that the Mannors Tenements and rent aforesaid and the aforesaid moyety of the aforesaid Mannor of E. and the aforesaid Tenements in E. with the appurtenances after the death of the aforesaid I. S. to the heirs males of the body of the aforesaid I. lawfully begotten may remain And if it happen the The other remainders if the said I. S. die without heir male said I. S. to die without heir male of his body lawfully begotten that then the Mannors Tenements and rent aforesaid and the aforesaid moyety of the aforesaid Mannor of E. and the aforesaid Tenements in E. aforesaid with the appurtenances to T. S. of S. Esq and the heirs males of his body lawfully begotten may remain And if it happen the aforesaid T. S. to die without heir male of his body lawfully begotten That then the aforesaid Mannors Tenements and rent and the aforesaid moyety of the said Mannor of E. and The last remainder in fee to the right heirs of the Conusor for ever the aforesaid Tenements in E. aforesaid with the appurtenances to T. S. son of I. S. and the heirs males of the body of the said T. S. son of the aforesaid G. lawfully begotten may remain c. And if it happen the said G. to die without heir male of his body lawfully begotten that then the Mannors Tenements and Rent aforesaid and the aforesaid moyety of the said Mannor of E. and the Tenements aforesaid in E. aforesaid with the appurtenances to the right heirs of the aforesaid H. S. may remain for ever A Fine knowledged before the Justices of Chester by B. P. and E. his Wife of a Mannor c. one Water-mill one Dove-house one Garden two Orchards c. with warranty COmmand B. P. and E. his Wife that justly c. they hold to I. S. Esq the Covenant between them made of the Manor of O. alias O. and of one Wind-mill one Dove-house one Garden two Orchards 100 acres of land 60 acres of meadow 200 acres of pasture 40 acres of wood 100 acres of heath 300 acres of Moor 100 acres of Turbary 50 acres of Marish 30 acres of Land covered with water with the appurtenancs in O. And unlesse c. And the Concord is such to wit that the aforesaid B. and E. have recognised the Mannor and Tenements aforesaid with the appurtenances to be the right of him the said I. And those they have remised and quite claimed from themselves and their heirs to the aforesaid I. and his heirs for ever And furthermore the aforesaid B. and E. have granted for themselves and the heirs of the said B. that they will warrant the Mannors and Tenements warranty aforesaid with the appurtenances to the aforesaid I. and his heirs against the aforesaid B. and E. and the heirs of him the said B. for ever And for this c. A Fine knowledged by an Earl and his wife of a Mannor advowson liberties free warrâ—n and free fishing and a sould course for 2000 Sheep COmmand Thomas Earl of Sussex Fran. his Wife that justly c. they hold to Will. Curson Esquire the Covenant between them made of the Mannor of B. with the appurtenances and of 80 Messuages 80 Cottages 10 Tofts 100 Gardens 60 Orchards 400 acres of Land 60 acres of Meadow 200 acres of Pasture 20 acres of Wood 40 acres of Furies and Heath 200 acres of Moor 100 acres of Willows 20 s. rent with the appurtenances in Billingsod otherwise Billingforth Bilowe otherwise Bylingh c. Also of the advowson of the Church of Bilingford and of the liberty of fold
B. And the Concord is such to wit that the aforesaid O. and A. have recognised the Tenements aforesaid with the appurtenances to be the right of the said W. as those which the said W. and N. have by the gift of the aforesaid O. and A. And those they have remised and quite claimed from them the said O. and A. and the heirs of the said A. to the aforesaid W. and N. and the heirs of the said W. for ever And furthermore the said O. and A. have granted for themselves and the heirs of the said A. that they will warrant to the aforesaid W. and N. and the heirs of the said W. the aforesaid tenements with the appurtenances against the aforesaid O. A. the heirs of the said A. for ever And for this c. A Fine knowledged by two Husbands and their Wives of two Messuages and two Gardens with several warranties COmmand G. F. and R. his Wife A. I. and K. his Wife that they hold to G. T. the Covenant c. of two Messuages two Gardens with the appurtenances in K c. And unlesse c. And the Concord is such to wiâ— that the aforesaid G. and R. and A. and K. have recognised the tenements aforesaid with the appurtenances to be the right of the said G. as those which the said I. hath by the gift of the aforesaid G. and R. and A. K. those they have remised and quite claimed from them the said G. and R. and A. and K. and the heirs of the said R and K. to the aforesaid G. and his heirs for ever And furthermore the said G and R. have granted for themselves and the heirs of the said R. that they will warrant to the aforesaid G. and his heirs the aforesaid Warranty Tenements with the appurtenances against the aforesaid G. and R. and the heirs of the said R. And moreover the said A. K. have granted for themselves and the heirs of the said K. that they will warrant to the aforesaid G. and his heirs the aforesaid Tenements with the appurtenances against the aforesaid A. and K. and the heirs of the said K. for ever And for this c. Note That Dyer that was Chief Justice saith That if the women had been sisters that then there needed not double waranty in form aforesaid but single warranty is good asserts A Fine knowledged by the Husband and his Wife to a man and his wife of one Messuage one Garden one Orchard one Barn one Stable one Wharf c. with warranty COmmand R. I. and H. his wife that justly c. they hold to A. I. and K. his wife the Covenant c. of one Messuage one Garden one Orchard one Barn one Stable one Wharf and one acre of Wood with the appurtenances in K. upon K. And unlesse c. warranty And the Concord is such to wit that the aforesaid R. and H. have recognised the Tenements aforesaid with the appurtenances to be the right of the said K. as those which the said A. and K. have by the gift of the aforesaid R. and H. And those they have remised and quite claimed for them the said R. and H. and their heirs to the aforesaid A. K. and the heirs of the said K. for ever And furthermore the said R. and H. have granted for themselves and the heirs of the said H. that they will warrant to the aforesaid A. K. the heirs of the said K. the aforesaid Tenem with the appurtenances against the aforesaid R. and H. and the heirs of the said H. for ever And for this c. A Fine knowledged by an Earl and his Wife to W. C. of a rent of 40 pounds going out of divers Mannors with warranty COmmand F. Earl of H. and Dame K. his wife Countesse of H. that justly and without delay they hold to W. C. Esq the Covenant c. of 40 l. rent going out of the Mannors of B. S. c. And unlesse c. And the Concord is such to wit that the aforesaid Earl and Countesse have recognised the Rent aforesaid with the appurtenances to be the right of him the said W. as those which the said W. hath by the gift of the aforesaid Earl and Countesse And those they have remised and quite claimed from themselves and their Heirs to the aforesaid W. and his Heirs for ever And moreover the said Earl and Countesse do grant for themselves and the Heires of him the said warranty Earl that they will warrant the Rent aforesaid with the appurtenances to the aforesaid H. and his Heirs against all men for ever And for this c. A Fine knowledged by the Husband and the Wife and one R. D. to R. B. of one Mannor c. one Messuage called M c. with warranty who grant and render the same again to R. D. one of the Conusors for term of 21 years to begin at a time to come reserving a Rent and afterwards the Conusees grant the reversion of the said Mannor c. and the reversion to one of the Conusors and his wife and to the heirs of the Husband to hold of the chief Lords of the Fee COmmand I. F. and B. his Wife and R. D. that justly c. they hold to R. B. the Covenant c. of the Mannor of C. and I. with the appurtenances and of two Messuages called B. 20 Messuages 40. acres of Land 100 acres of Meadow 500 acres of Pasture 200 acres of Wood and 40 acres of Furrs and Heath with the appurtenances in W. F. And unlesse c. And the Concord is such to wit that the aforesaid I. B. and R. have recognised the aforesaid Mannors and Tenements with the appurtenances to be the right of him the said R. B. as those which the said R. hath by the gift of the aforesaid I. and B. and R. and those they have remised and quite claimed from themselves and their Heirs to the aforesaid R. and his Heirs for ever And furthermore the said I. and B. have granted for themselves and the Heirs of him the said I. warranty that they will warrant to the aforesaid R. and his Heirs the aforesaid Mannors and Tenements with the appurtenances against all men for ever And for this c. the same R. hath granted to the aforesaid R. the aforesaid Mannors and Tenements with the appurtenances and those to him he hath rendred c. To have and to hold to the aforesaid R. from the Feast of St. Michael the Arch-angel The Term the beginning thereof which shall be in the year of our Lord 1650. until the end of the Term of 21 years from thence next following and fully to be compleat Yielding therefore yearly to the aforesaid R. and his Heirs one yearly Rent of Rent 27 l. and 6 s. of lawfull money of England at the Feast of Saint Michael the Arch-angel and of the Annunciation of the blessed Virgin Mary
by equal portions yearly to be paid the first payment thereof beginning at the Feast of St. Michael the Archangel which shall be in the year of our Lord 1651. Clause of Distresse And if it happen that the aforesaid rent of 27 l. 6 s. to be in arrear in part oâ— in all after any Feast of the Feasts aforesaid in which as aforesaid it ought to be paid That then it shall be lawfull for the aforesaid R and his Heits into the aforesaid Mannor and Tenements with the appurtenances to enter and to Distrain and the Distresses so thereupon taken and had to lead bear and drive away and in his custody to retain until of the aforesaid Rent of 27. l. 6. s. with the arrerages thereof if any shall be he shall be fully satisfied and paid Also the said The grant of the Reversion the rent to the Husband and the wife being the Conusees to the heirs of the Husband R. hath granted to the aforesaid I. and B. the reversion of the Mannors and Tenements aforesaid with the appurtenances and the aforesaid Rent above expressed and reserved and those to them he hath rendred c. To have and to hold to the said I. and B. and the heirs of him the said I. of the Chief Lords of that Fee by the services c. A Fine knowledged by the Husband and wife to one I. L. Esquire of 2 Mannors c. with warranty in consideration the Conusee granteth a rent to the Husband and his wife and to the heirs of the Husband COmmand R. P. and I. his Wife that they hold to I. L. the Covenant c. of the Mannors of A. and W. with the appurtenances and of 4 Messages 6 Cottages 1 Dove-house 200 acres of land 40 acres of Meadow 300 acres of pasture 20 acres of wood 20 acres of furres and heath with the appurtenances in W. and W. And unlesse c. And the Concord is such to wit that the A rent granted by the Conusee aforesaid R. P. and I. his wife have recognised the Mannors and Tenements aforesaid with the appurtenances to be the right of him the said I. as those which the said I. hath by the gift of the aforesaid R. P. and I. his wife And those they have remised c. And furthermore c. And for this c. the same I. L. hath granted to the aforesaid R. and I. his wife and the heirs of the aforesaid I. the annual rent of 30 l. to be paid at two accustomed VVhen the rent shall begin to be payable Terms of the year that is to say at the Feast of St. Michael the Archangel and of the Annunciation of the blessed Virgin Mary by equal portions the first payment thereof beginning at the Feast of St. Michael the Archangel or of the Annunciation of the blessed Virgin Mary which shall next happen after the death of the aforesaid L. and C. being his now wife or any other which afterwards shall A clause of distr for the rent after it hath been lawfully dâ—manded happen to be his wife And if it happen the aforesaid yearly rent of 30 l. to be behind and unpaid in part or in all by the space of c. after any Feast of the Feasts aforesaid wherein as aforesaid it ought to be paid if it be lawfully demanded that then c. A Fine knowledged by the Husband and the wife to H. C. of the third part of a rent issuing out of a Mannor with a warranty against all men COmmand R. and I. his wife that justly c. they hold to H. C. the Covenant c. of the third part of 5 l. 6 s. 8 d. rent with the appurtenances issuing out of the Mannor of K. And unlesse c. VVarranty And the Concord is such to wit that the aforesaid R. and I. have recognised the third part of the rent aforesaid with the appurtenances to be the right of him the said H. as those which the same H. hath by the gift of the aforesaid R. and I. And those they have remised and quite-claimed from themselves and the heirs of him the said I. to the aforesaid H. and his heirs for ever And furthermore the same R. and I. have granted for themselves and the heirs of him the said I. that they will warrant to the aforesaid H. and his heirs the aforesaid third part of the rent with the appurtenances against all men for ever And for this c. A Fine knowledged by the Husband and his wife to one T. H. of the third part of 34 acres of Meadow by these words viz. concesserunt reddiderunt c. during the wives life with warranty also during her life COmmand H. P. and M. his wife that they hold to T. H. the Covenant c. of the third part of 34 acres of Meadow 44 acres of Pasture and 6 acres of wood with the appurtenances in S. And unlesse c. A fine upon release of dower by the husband and wise The estate The wa And the Concord is such to wit that the aforesaid H. and M. have granted and rendred the tenements aforesaid with the appurtenances to the aforesaid T. and his heirs during the life of her the said M. And the aforesaid H. and M. will warrant the tenements aforesaid with the appurtenances to the aforesaid T. and his heirs during all the life of her the said M. And for this c. A Fine knowledged by V. K. knight to I S. knight E. G. the Queens Atturney general and others of two Manners 70 Messuages and Cottages c. which the Lady V widdow hath for her life of the inheritance of the Conusor the day of the Concord made and ofter her death is to revert to the Conusor the which by this sine after the death of the said Lady V. is wholly to remain to all the Conusees in the fine and to the heirs of the said I. S. knight the first of the Conusees in the laid fine with warranty against all men A Fine of the reversion after Tenant in Dower COmmand V. K. Knight that he hold to I. S. knight E. G. our Atturney general R. W. Esq and W. R. Gent. the Covenants c. of the Mannors of H. otherwise of the Prior H. and M. otherwise Prior M. of 70 Messuages and Cottages The widdows estate in the Conusors inheritance And the Concord is such to wit that the aforesaid V. hath recognised the Mannors Tenements and rent aforesaid with the appurtenances to be the right of him the said S. And hath granted for himself and his heirs that the Mannors Tenements and Rent aforesaid with the appurtenances which Dame V. K. widdow holdeth for term of her life of the inheritance of the aforesaid V. the day that this Concord was made And that after the decease of the same Dame V. unto the aforesaid V. and his heirs ought to revert which after the
pasture 60 acres of wood 100 acres of Furres and Heath with the appurtenances in N. B. C. D. c. And unlesse c. And the Concord is such to wit that the aforesaid I. P. and E. have recognised the aforesaid Tenements and moyety with the appurtenances to be the right of him the said I. L. as those which the same I. L. hath by the gift of the aforesaid I. P. and E. and those they have remised and quite claimed from themselves and their heirs to the aforesaid I. L. and his heirs for ever And furthermore the same I. P. and E. have granted for themselves and the heirs of her the said E. that they will warrant to the aforesaid I. L. and his heirs the aforesaid Tenements and moyety with the appurtenances against all men for ever And for this c. The order of taking the knowledge of a Fine by a Dedimus Potestatem directed to divers but the knowledge taken only by two of the Commissioners and the certifying thereof by the Commissioners that took the knowledge AFter the Fine is acknowledged the Commissioners must write under the Concord of the said Fine as followeth Taken and knowledged this day c. in the year c. before A. B. Esquire and C. D. by virtue of the writ of the Lord Protector of Dedimus potestatem to us and others directed Commissioners A. B. C. D. Then write upon the back of the Dedimus Potestatem The Answer of A. B. Esq C. D. Gent. two of the Commissioners within named The execution of this Commission appeareth in a certain Schedule to this Commission annexed Then must the Commissioners subscribe their names A Fine knowledged by W. D. and I. D. to I. R. and I. D. of one Messuage and one Cottage in Ipswich with warrantie against all men In consideration whereof the Conusees do grant and render the premises to the said I. D. one of the Conusers for the term of 7 days next following and afterwards the same premises wholly to remain to one M. G. for her life and after her death the premises wholly to remain to the said W. D. oneof the said Conusors and his heirs for ever COmmand W. D. and I. D. that justly c. they hold to I. R. Gent. and I. D. the Covenant of one Messuage and one Cottage with the appurtenances in I. And unlesse c. warranty And the Concord is such to wit that the aforesaid W. D. and I. D. have recognised the tenements aforesaid with the appurtenances to be the right of him the said I. as those which the same I. and I. D. have by the gift of the aforesaid W. D. and I. D. And those they have remised and quite claimed from themselves and rheir heirs to the aforesaid I. I. and the heirs of him the said I. for ever And furthermore the same W. and I. have granted for themselves and the heirs of him the said I. D. that they will warrant to the aforesaid I. and I. and the heirs of him the said I. the tenements aforesaid with the appurtenances against all men for ever And for this recognisance c. the same I. and I. have granted the tenements aforesaid with the appurtenances to the aforesaid I. D. And The render those to him they have rendred in the same Court. To have and to hold to the said I. D. for term of 7 days from hence next following And after that Term ended the aforesaid Tenements with the appurtenances shall wholly remain to one M. G. To have and to hold to the said M. to hold of the chief c. during the life of the said M. and after the decease of the said M. the aforesaid Tenements with the appurtenances shall wholly remain to the aforesaid W. D. and their heirs for ever to hold of the chief c. A Fine acknowledged by the Husband and his Wife to H. S. Esquire of of 2 Messuages c. with warranty against all men THis is the final Concord made in the Court c. at c. the day in the A Fine sur cognisance de droit year c between H. S. Plaintiff and W. G. and S. his wife Deforcients of 2 Messuages 2 Witch-houses otherwise Salt-houses 2 Shops 2 Chambers one Stable 10 acres of land 4 acres of Meadow and 6 acres of Pasture with the appurtenances in c. whereof plea of Covenant was summoned between them in the same Court to wit that the aforesaid W. and E. his Wife have recognised the tenements aforesaid with the appurcenances to be the right of the aforesaid H. S. as those which the same H. S. hath by the gift of the aforesaid W. E. And those they have remised and quite-claimed from themselves and their heirs to the aforesaid H. and his heirs for ever And moreover the aforesaid W. and E. have granted for themselves and the heirs of him the said W. that they and the heirs of the aforesaid W. the tenements aforesaid with the appurtenances to the aforesaid H. and his heirs will warrant for ever And for this c. A Fine acknowledged before the Justices of the Common pleas at Westminster c. with warranty against all men warranty THis is the final Concord in the Court of the Lord Protector at VVestminster in 8 days of St. Martin In the year c. before E. M. W. S. H. B. and I. H. Justices and other faithfull c. then there present between R. B. Esquire and J. L. Gent. and R. L. Gent. Plaintiffs and H. D. Deforcient of 2 Messuages one toft 80 acres of land 20 acres of Meadow 40 acres of Pasture and 3 acres of Wood with the appurtenances in H. and W. whereof plea of Covenant was summoned between them in the same Court to wit that the aforesaid H. hath recognised the aforesaid tenem with the appurt to be the right of him the said R. B. as those which the same R. J. and R. have by the gift of the aforesaid H. and those he hath remised and quit claimed from himself and his heirs to the aforesaid R. J. and R. and the heirs of him the said R. for ever And furthermore the same H. hath granted for himself and his heirs that he will warrant to I. R. and the heirs of him the said R. the aforesaid Tenements with the appurtenances against all men for ever And for this remise quit claim warranty fine and Concord the same R. I. and R. have given to the aforesaid H. 38 l. sterling A Fine acknowledged by R. H. of P. to R. B. of the Mnnnor of I. with warranty against the Conusor and his heirs COmmand R H. of P. Esquire that justly c. he hold to R. B. R. H. c. the Covenant between them made of the Mannor of J. otherwise J. with the appurtenances and of 20 Messuages 500 acres of land 100 acres of Meadow 500 acres of Pasture 100 acres of wood 100 acres of
Tenements do belong for ever Adjuncts of Concords THe adjuncts of a Concord be of two sorts Internal External Internal be such as be contained within the very Concord it self of which sort be the clause of reservation of the Services Rent or other thing the clause Reservation Nomine poene Distresse of Nomine poene the clause of Distresse and the clause of Warranty All which clauses of Reservation Nomine poene Distresse and Warranty are to be made in such words and in such formes as the like are made in Instruments extrajudicial Warranty And warranties be sometimes general that is to say against all men some against all except certain persons some against certain persons only some against every Cognisor and his heirs severally and some against one of the Cognisors and his heirs only some of all the lands in Fine some of all except part and some of part only certainly expressed Licence Alienation The External adjuncts of Concords be the licence of alienation the Dedimus potestatem the examination of the parties and the cognisance The licence of Alienation is a power or authority given by the King now by the L. Prot. to the parties that lands may be alienated without incurring the danger of contempt And every such licence is either to alien lands holden in Capite or to alien lands into mortmain The license of alienation of lands holden in Capite may vary from the Fine and be good 32 H. 8. Br Alienation 4. 30. Docket For the obtaining of which licence the Clark of the licences doth use to draw a Docket in paper containing the effect of the Fine Feoffment or other Deeds whereby the alienation is to be made Affidavit And thereupon affidavit or composition must be made for the value of the lands which are to passe thereby which is to be signed by the Doctor of the Chancery that hath power to take Oath Then the Kings Fine is to be paid to the receiver of Fines who will sign the Docket And after the same is to be signed by two of the Commissioners of the Office of of Fines and Licences and upon that Docket the Clerk of the Licences is to make the Licence and get it sealed with the great Seal which licence is to be made in form following OLiver c. To all to whom these present Letters shall come greeting Know ye that we of our special grace and for 3 pounds to us paid in our treasury have granted and gâ—ven licence and by these presents do grant and give licence for us and our heirs as much as in us is to our beloved friend J. F. that he all the Moyety of the Mannor of C. with the appurtenances and 40 Messuages 20 Cottages 40 Gardens 50 acres of Land 40 acres of Meadow 300 acres of pasture 30 acres of wood 300 acres of Moor and twenty pounds rent with the appurtenances in W. and elsewhere in our County of N. to the said moyety appertaining or belonging parcel thereof being reputed or accepted as they are held of us in Capite may give grant alien sell bargain enfeoffe warrant or knowledge by sine in our Court before our Justices of the Common Bench or otherwise or by any mean whatsoever to our beloved friend E. R. To have and to hold to the same E. his heirs and assigns of us and our heirs by the service aforesaid for ever as aforesaid by the tenor of these presents we have likewise given licence and do give special licence unwilling that the aforesaid I. or his heirs or the aforesaid E. or his assigns aforesaid by reason of the premises by us our heirs or successors Justices Escheators Sheriffs Bayliffs or other our Officers or Ministers whosoever of our heirs or successors thereof should be occasioned molested disturbed vexed or grieved in any thing or any of them should be occasioned molested disturbed vexed or granted in any thing In testimony of which thing these our Letters Patents we have caused to be made Witnesse my self at Westminster the last day c. A licence to alien in Mortmain OLiver c. To all c. know ye that we of our special grace and for 40 s. to us paid in our treasury have granted and given licence and doe give licence for us and our heirs as much as in us is to R. S. that he the advowson of L. to the Abbot and Covent of L. in the County of E. may give and grant To hold to them and their successors of the said soveraign Lord and his heirs in free pure and perpetual free alms for ever And to the same Abbot and Covent that they the advowson from the aforesaid R. S. may receive and appropriate that Church and that so appropriated may to their own uses hold to themselves and their successors of the said Lord Protector and his heirs in free pure and perpetual free almes for ever Nilling c. Ut supra Quod permittat finem levari ANd after that such licence is had the use was which is not now in use to have a writ mentioning the licence and the effect of the Fine directed to the Justices of the Common place commanding them that they print the Fine so levied Register f. 176. a. 1. E. 3. ca. 12. 34 E. 3. ca. 15. 33 H. 6. f. 2. The form of which writ succeedeth REx To his Justices of the Bench greeting Whereas by our Letters Patents of our special grace we have granted to I. S. that he of his Mannors of F. and W. with the appurtenances which are held of us in Capite may infeoffe to K. c. reciting the whole Charter as in our Letters aforesaid more fully it is contained and our Writ of Covenant hangeth before you in the Bench aforesaid between the aforesaid I. and K. of the Mannors aforesaid to levy a Fine thereof between them according to the Law and Custom of our Kingdom of England as we have been informed we command you that that Fine between the parties aforesaid of the Mannors aforesaid before you in the same Bench to be levied ye permit according to the tenour of our Letters aforesaid Witness c. But before the 20 H. 3. the Kings tenant in Capite might have aliened his free lands without licence 14 H. 4. 3. 20. Ass Pâ—ac 17. as it seeemeth The Writ of ad quod damnum BUt before the granting of any such licence either to alien Lands holden in chief or to alien lands in Mortmaine or release right in Mortmain or exchange the ancient use was to have a writ ad quod damnum conteining the substance of the Kings licence out of the Chancery directed to the Escheator in the County wherein the Lands lye to be aliened to enquire and certifie into the Chancery what damage or prejudice the alienation thereof will be to the King or the other chief Lord of whom they are holden And of what tenure and value the Lands be And
whether there remains sufficient free-lands besides those to the Alienor to sustain publick charges and to be in Assizes and Juries c. And this is as well where the Alienation is made by the King or by a Corporation or a Feme covert as by any other The like inquiry by Writ of ad quod damnum hath been used before the King made any grant or pardon for alienation lease release confirmation or licence and after the Inquisition returned and certified into the Chancery to effect the same accordingly F. N. B. f. 221. inde usque f. 227. But now experience is to the contrary in lieu whereof the use of late hath been to put in the Kings Patents in these words absque aliquo brevi de Ad quod damnum seu aliquibus aliis bâ—evibus seu mandatis super inde habendis fiendis aut prosequendis And one Writ of ad quod damnum will serve for divets Purchasers and a licence to alien in Mortmain of one King will serve in the time of another But not so of Lands holden in chief 22 E. 3. F. N. B. in brevi de ad quod damnum Of a pardon for alienation A fine of pardon BUt if perchance any alienation be made without licence a Pardon must be sued the fine whereof is the value of the Lands by one year and the mean profits between the Inquisition and the pardon 31 H. 8. Br. Alienation 29. unlesse the Commissioners will more favourably compound for the same as in some cases upon reasonable cause shewed they use to doe which Pardon being purchased the Purchaser is to hold the Land still 14 H. 6. 26. 50. Ass p. 2. 1 E. 3. c. 12. 34 E. 3. c. 15. Fine of licence But the Fine of a Licence to alien Lands holden in Capite is the third part of the yearly value thereof 26 H. 8. Br. Alienation 29. Mortmain But if a lienation of Lands into Mortmaine be made without licence the King may seise them as forfeited or escheateâ—d Mag. Char. ca. 36. West 2. ca. 32. And for a licence thereof to be granted the fine thereupon to be paid is the value of the land by 3 years 26 H. 8. Br. Alienation â—9 Variance But variance between the licence and the fine is not material if it be all one alienation 32 H. 8. Br. Alien 30. Release And it seemeth that a Fine sur release or other release is none alienation and therefore no fine due for the same P. 37 H. 8. Br. Alienation 31. Recovery But fines are payable and licences to be sued upon common recoveries 39 H. 6. 32 H. 8. c. 1. 4. E. 3. Will. Devise by Will is an Alienation 3. Ma. 1. Br. Alien 37. Of the Dedimus Potestatem to take Cognisance of a fine A Dedimus Potestatem to take knowledge of a Fine is as aforesaid a Writ Commissional directed to one or more giving them-power to take and certifie to the Justices of the Common Place the cognisance of the Cognisees when they cannâ—t conveniently travell to doe it in Court and it ought to recâ—te the substance of the writ or Covenant and bear teste or date after it F. N. f. 146. g. The form of the writ of Covenant and Dedimus Potestatem with the returns thereof ensue The writ of Covenant OLiver c. To the Sheriff of York greeting Command T. B. Esquire and A. his wife that justly and without delay they hold to V. P. Gent. the Covenant between them made of the Mannor of T. with the appurtenances And of two Messuages 3 Cottages five Tofts one Dove-house five gardens five Orchards 110 acres of land 50 acres of meadow 50. acres of pasture 10 acres of wood 100 acres of ling and heath 40 s. rent common of pasture for all manner of beasts with the appurtenances in W. B. And unlesse they shall doe it and the aforesaid W. shall secure you for prosecuting his complaint then summon by good summoners the aforesaid T. and A. that they be here before our Justices at Westminster in 8 dayes of St. Michael to shew wherefore they will not doe it And have you there the Summoners and this Writ Witnesse c. the 14th day of N. In the year c. Fine And the Fine thereof was wont to be entred under the Writ thus For xx s. paid to the Farmer of the Fines of ouâ— Soveraign Lord the King by vertue of the Kings warrant Indorsement Then must the writ of Covenant be indorsed thus By E. S. for the fine within written who affirmeth that the Tenements within named doe not exceed the value of 10 l. by the year The Sheriffs return E. S. Pledges of persecuting John Doo Rich. Roo Sumoners John Den. Rich Fen. The Commis of Fines W. L. T. W R. Eure. Esq Sheriff The Dedimus potestatem thereof OL. c. To our beloved and faithfull c. greeting Whereas our writ of Covenant hangeth before our Justices of the Bench between W. P. Gent. and T. B. Esq and Ann his Wife of the mannor of T. with the appurtenances and of 2 Messuages 3 Cottages 5 Tofts 1 Dove-house 5 Gardens 5 Orchards 110 acres of Land 50 acres of Meadow 50 acres of Pasture 10 acres of Wood 100 acres of Ling and Heath 40 s. Rent and Common of Pasture for all kinds of Beasts with the appurtenances in W. and B. in the County of Tork to leavy a Fine thereof between them before our Justices aforesaid in the Bench aforesaid according to the Law and custom of our Common-wealth of England And the aforesaid T. and A. are so impotent that without the greatest danger of their bodies unto Westm at the day in the said writ conteined to make Cognisances which in this behalf are required travell they cannot as we have received We to the state of the said T. and A. pitifull in this behalf have given to you four three or two of you power to receive the Cognisanses which the said T. and A. before you four three or two of you shall make of the Premises And therefore you four three or two of you we command that unto the aforesaid T. and A. personally going you receive their Cognisances aforesaid and after ye have received them our Justices aforesaid thereof under the Seals of four three or two of you distinctly and openly you certifie that then that Fine between the parties aforesaid of the Premises before our Justices aforesaid in the Bench aforesaid may be levied according to the Law and Custom aforesaid sending to the said Justices this writ witnesse my self at Westminster 14th day of Novemb In the year c. Garth The name of the Cursiter The said Dedimus potestamus must be endorsed thus By the Commissioners of the great Seal of England at the iâ—stâ—â—ce of the demandant 〈◊〉 formerly it was thus Per Dominum custod magni Sigilli Angliae ad instanc petend The
Commissioners c. names must be subscribed thereunto and the Justice of the Circuit thus The Commissioners names I. P. C. D. and E. F. The Justice of the Circuit F. B. Return The execution of this writ appeareth in the Schedule to the same annexed The Precipe and Concord which must be filed to the Dedimus Potestatem The writ of Covenant COmmand T. of P. Esq and A. his York ss Wife that justly c. they hold to W. P. Gent. the Covenant c. of the Mannor of T. with the appurtenances and of 2 Messuages 3 Cottages 5 Tofts one Dove-house 5 Gardens 5 Orchards 100 acres of Land 50 acres of Meadow 50 acres of Pasture 10 acres of Wood 100 acres of Ling and Heath forty shillings rent and Common of Pasture for all Manner of Beasts with the appurtenances in W. and B. and unlesse c. And the Concord is such to wit that the aforesaid T. and A. have recognised the aforesaid Mannor Dove-house Tenemments Rent and Common of Pasture with the appurtenances to be the right of him the said W. as those which the said W. hath by the gift of the aforesaid T. and A. And those they have remised and quite claimed from them the said T. and A. and the Heirs of him the said T. to the aforesaid W. and his Heirs for ever And furthermore the said T. and A. have granted for themselves and the Heirs of him the said T. that they will warrant to the aforesaid W. and his Heirs the a-aforesaid Mannor Dove-house Tenements Rent and Common of Pasture with the appurt against themselves and the Heirs assigns of him the said T. and against the Heirs and assigns of I B. Esq and against all men claiming or having any right title estate use interest or demand of or in the same Mannors Dove-houses Tenements Rent and Common of Pasture with the appurtenances or of or in any parcell thereof by or from under the said T. and I. his Heirs or assigns or the heirs or assigns of either of them and for this c. Taken and acknowleged at K. in the County of York the ninteenth day of January in the year c. before The Commissioners names G. Shrew W. West The names of the parties T. B. A. B. A Dedimus potestatem upon a Writ of Customs and Services for a Fine thereof to be levied O. c. to his beloved and faithfull R. H. one of the Justices of the Bench greeting Whereas our Writ of Customs and Services hangeth before your Associates our Justices of the Bench between W. B. Esq and E. A. Esq of the Customs and Services which the same E. to the said W. ought to do of his free Tenement which of him he holdeth in N. as in Homages Fealty Releifes and other Services in the County of S. And we at the petition of the aforesaid W. and E. have given them Licence thereof to Concord and the aforesaid W. and E. of themselves are so impotent that without very great danger of their bodies unto Westminster at the day in our writ conteined to make the Cognisances which in this behalf are required are not able to travel as we have received We pittying the state of the same W. and E. in this behalf have given to you power to receive the Cognisances which the same W. and E. before you shall make of the Premises And therefore we command you that unto the aforesaid W. and E. personally comming you receive their Cognisances aforesaid And when you have received them your associates thereof distinctly and openly you certifie that then the Fine between the parties aforesaid of the Premises before you and your associates aforesaid in the Bench aforesaid according to the Law and Custome of our Common-wealth of England may be sevyed And have you then there this writ witnesse c. Of the Fine formerly called the Kings Silver THat was called the Kings Silver that was wont to be paid to the King now to the Lord Protector for the Licence of the Concord which upon writs of Covenant was taxed after the rate followings That is to say for Lands of the yearly value of l. s. d. is paid l. s. d. 3 6 8 â— 6 8 5 6 8 0 10 0 7 13 4 Â 13 4 8 13 4 0 16 8 11 0 0 1 0 0 12 0 0 1 3 4 14 6 8 1 6 8 15 6 8 1 10 0 17 13 4 1 13 4 18 13 4 1 16 8 20 0 0 2 0 0 22 0 0 2 3 4 24 6 8 2 6 8 Every 5 Marks and 20 s. payeth fine-6 s-8 d. from 5-Marks and 20 s. unto 5-Marks and 40 s. payeth-10 s. and above 5 Marks and 40 s. unto 10 Marks and 20 s. payeth 13 s-4 d. and in like proportion for all other Fines and it is commonly entred by the Clerk in this form Entry of Kngs silver I. W. giveth to the L. P. 10 s. for a York ss Licence of concording with E. W. Esq and I. his wife of a plea of Covenant of one Messuage 10 acres of Land 10 acres of Meadow and 10 acres of Pasture with the appurtenances in D. Reciting the substance of the writ And they have the Hand-writing by the Peace admitted before R. W. one of the Justices of the Lord Protector of the Bench being Justice in the County Observations necessary at the knowledge of Fines Tbe titling of the note VVHen a Fine is to be knowledged it is meet that before the parties come before the Judges or Commissioners the titling of the writ of Covenant and Concord be fair written according to the parties minds and duly examined and also signed or subscribed by all the Cognisors Knowledge of the Cognizes It is also requisite that either of the Cognisors be known to the Justices or Commissioners that must take the Cognisance thereof or that some other credible person known to him which taketh the Cognisance who knoweth the party be present and do sufficiently enform the Judge that they be the self-same parties against whom the writ is brought for some will covenously knowledge Fines in the names of others that be owners of the Land 34. H. 6. Fol. 19. Examinations of Wives And if a feme Covert be Cognisor she must be perswaded to yield her consent and be fully agreed with before she be examined for in all cases where a Feme Covert is to depart with any thing by fine she must be examined by the Justices or Commiss that take this Cognisance and confess that she doth make Cognisance freely and not through fear or compulsion of any before the Cognisance will be accepted But where she is to take benefit by a Fine she shall never be examined 42 Ed. 3. 7. 3 H. 6. 42. 46. E. 3. 15 8 H. 6. 2. 4 Ed. 3. 62. Statut. de finibus 18 Ed. 2. Value Also the yearly value of Lands should bee set down under the Concord and some
not barrable at all by any such fine or non-claim As if a Tenant in ancient demesne levy a fine with c. at the common Law of his Land in ancient demesne the Lord in ancient demesne may have his Writ of deceipt and thereby avoid the fine at any time and thereupon his Tenant shall be restored to the Land because the Lord claimeth not the Land whereof the fine is levyed but his ancient Seigniory and services issuing out of the same Plo. 370. b. It seemeth such fines do not bar such estrangers as have Rent Common way Estovers nor any such charge out of the Land for it seemeth that these fines extend only to bind the estate title right claim entry and interest in and to the Land and no profits to be taken out of the Lands nor to take any power given to executors or others to sell the Land Br. tit Fines 123. Pleas to avoid Fines IT is a good Plea to say That I. S. was seised tempore levac and before the fine levyed without that that the parties in the fine had any thing therein at the time of the fine levyed 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 And of this he putteth himself upon the Countrey 33 H. 6. 18. 26 H. 6. f. 9. 42 E. 3. 20. 4 H. 4. 8. 14 H. 4. 33. 4 H. 7. c. 24. If there be two R. D. of one name and the one levy a fine of the Land of the other the other may avoid the fine by pleading that there be two of one name and the other R. D. levyed the fine and not he And in lâ—ke manner if any stranger levy a fine in the name of another that is owner of the Land 34 H. 6. 19. Contr. ten 19 H. 6. 44. because it is a matter of record therefore he hath no other remedy in such case but an Action of deceipt Neither parties to fines not their Heirs may plead in avoydance thereof that before the levying and at the levying of the same and since the demandant or plaintiff or their Heirs were alwayes seised of the Lands contained in the fine or parcell thereof St. de finibus 27 E. 1. ca. 1. 12 E. 4. 15. and 19. yet by Fairfax if tenant in tail the remainder in Fee levy a fine sur cogcognizance de droit come ceo c. he in the remainder may aver the continuance of possession notwithstanding the fine and Statute because he is neither the party nor his Heir and so may a feme covert where her husband sole levyeth the fine 12 E. 4. 12. The issue in tail may aver continuance of possession against a fine sur cognizance de droit tantum or surrender but not against a fine sur cognizance de droit come ceo que il ad de son done because that fine is executed and the other executory 12 E. 4. 15. and 19. 11 H. 4. 85. Of a Writ of Error A Writ of error to reverse a fine lyeth where there is error in any fine and thereby not the record of the fine it self shall be removed but the transcript thereof upon which transcript of the note of the fine the plaintiff may assign his errors And if the Justices think that the point assigned for error is error they may send for the note of the fine and reverse the same F. N. B. f. 20. f. As if a Baron and Feme levy a fine to an estranger the feme being within age they may have a Writ of error to reverse the fine for this cause during her non-age F. N. B. 21 d. 27. ass pl. 17. 50. E. 3. 4. And when a fine is to be reversed by error the course is for the plaintiff in the Writ to have severall Writs of error one directed to the chief Justice of the Court of Common Pleas to certifie the Record and Process of the fine another unto the Custos brevium of the same Court to certifie the transcript of the foot of the fine and the third unto the Chirographer to certîfie the transcript of the record and process of the fine the severall forms whereof he as followeth A Writ of Error directed unto the chief Justice of the Court of Common Pleas. OLiver c. To his beloved and faithfull E. A. Knight greeting Because in the Record and Process and also in the levying of a certain fine in our Court before you and your Associates our Justices of the Bench at Westm in eight dayes of Saint Michael last past by our Writ of Covenant between I. G. the Elder Esquire M. his wife and I. G. the younger Gent. plaintiffs and G. H. deforcient of the Manor of G. with the appurtenances and of one Messuage 15. Cottages 15. Tofts 4. Barns 15. Gardens 2. Orchards 200. Acres of Land 80. Acres of Medow 100. Acres of Pasture 6. Acres of Wood 300. Acres of Moor and Common of pasture for all manner of Beasts with the appurtenances in G. in the County of York levyed manifest error hath intervened unto the great damage of him the said G. as by his plaint we have received we willing in this behalf that the error if any shall be may in a due manner be corrected and to the same G. full and speedy Justice be done we command you that the Record and Process of the fine aforesaid with all things concerning the same which in your custody are as it is said to us under your Seal distinctly and openly ye send and this Writ So that we may have them in eight dayes of Saint Hillary wheresoever then we shall be in England that looking into the Record and Process of the fine aforesaid we may thereupon cause further to be done for amending that error that which of right and according to the Law and custome of our Common-wealth of England ought to be done c. A Writ of error unto the Custos brevium of the Court of Common Pleas. OLiver c. To his beloved T. S. Esquire Keeper of his Writs of the Bench greeting Because in the Record and Process and also in the levying of a certain fine in our Court of the Bench at Westm in eight dayes of Saint Michael last past before E. A. Knight and his Associates our Justices of the Bench aforesaid by our Writ of Covenant between c. of c. we command you that the transcript of the foot of the fine aforesaid with all things concerning those which in your custody are as it is said to us under your Seal c. that looking into the transcript of the foot of the fine aforesaid c. A writ of error unto the Chirographer of Fines OLiver c. To his beloved T. C. Esquire his Chirographer in the Bench greeting Because in the Record and Process and also in the levying of a certain fine in our Court of the Bench at W. in eight
I. R. unto this Writ The execution of this Writ appeareth in a certain Schedule to this Writ annexed York ss Command H. S. that justly c. he render to R. P otherwise W. C. and R. H. one Messuage c. with the appurtenances in T. and D. which he claimeth c York ss H. S. putteth in his place W. B. and R. C. joyntly and severally against R. P. otherwise W. and R. H. of a Plea of Land Taken and knowledged at W. in the County of Y. the 18. day of Feb. in the year c. I. R. A Recovery with single voucher York ss COmmand G. C. Esquire that justly c. he render to R. C. and R. I. one Messuage and four Acres of Land with the appurtenances in T. which he claimeth c. and into which c. And unless c. G. C. puts in his place N. M. and M. M. his Atturneys joyntly and severally against R. C. and R. I. of a Plea of Land A Recovery with double voucher Derb. ss COmmand N. L. M. his wife that justly c. they render to T. S. and T. C. the Manors of N. M. and P. with the appurtenances and 30. Messuages 30. Tofts 5. Mills 30. Gardens 30. Orchards 100. Acres of Land 1000. Acres of Meadow 500. Acres of pasture 40. Acres of Wood 1000. Acres of Moor 200. Acres of Ling and Heath and 3. pounds rent with the appurtenances in N. M. P. P. and B. which they claim to be their inheritance and into which the same N. and M. H. have not entre but after the disseisin which H. H. thereof unjustly and without judgement hath made to the aforesaid T. and T. within 30. years now last past c. as it is said whereupon they complain c. And unless c. Derb. ss N. L. and M. his wife do put in their place T. B. and W. B. their Atturneys joyntly and severally against T. S. and T. C. of a Plea of Land to gain or loss W. B. and T. F. whom N. L. and M. Derb. ss his wife do call to warranty do put in their place P. P. and Q. Q their Atturneys joyntly and severally against T. S. and T. C. of a Pea of Land to gain and lose A Recovery with a treble voucher Essex ss COmmand R. B. and C. S. that justly c they render to A T. Esquire the Manors of B. and Q. with the appurtenances and 20. Messuages 12. Tofts 4. Dove-houses 30. Gardens 1000. Acres of Land 100. Acres of Meadow 100. Acres of pasture 200. Acres of Lyng and Heath 100. Acres of Moor and 30. shillings one half penny rent and the rent of one pound and a half of Pepper and of one Corn of Pepper with the appurtenances in B. and Q. And free fishing in the water of W. and also the Advowson of the Church of B. which they claim c. Essex ss R. B. and C. S. do put in their place W. W. and R. R. their Atturneys joyntly against A. T. of a Plea of Land Essex ss M. M. Gent. whom R. B. and C. S. call to warranty do put in their place I. I. and L. L. their Atturneys joyntly and severally against A. T. of a Plea of Land Essex ss G. W. Gent. whom M. M. doth call thereof to warranty doth put in his place R. G. and R. S. their Atturneys joyntly and severally against A. T. of a Plea of Land A Recovery of an Advowson in the County Palatine of Chester PLeas of Chester before R. T. Knight Justice of c. at Chester of the Session holden there Wednesday the last day of Sept. in the year c. Chester ss H. S. Esquire by T. B. his Atturney demandeth against H. D. Esqu the Advowson of the Church of T. which to him he hath unjustly deforced c. And whereupon he saith that himself was seised of the Advowson of the Church aforesaid as of Fee and right within thirty years now last past in the time of peace in the time of the Soveraign Lord Charles late King of England and so thereof being seised the same time unto the same Church presented one R. A. his Clerk who unto that presentation was admitted instituted and inducted in the same by taking thereof exlec as in greater Tythes lesser Tythes oblations and obventions to the value c. as of the right of his Church aforesaid c. And that such is his right he offers c. All the parts of a recovery in a writ of right de praecipe in capite Exemplified OLiver c. To all unto whom these present Letters Patents shall come Know ye that I. Earl of S. in our Court before our Justices at Westminster by our Writ of right of a praecipe in capite hath demanded against T. B. the elder and I. his wife the Manor of C. with the appurtenances and one Messuage 50 Acres of Land 50. Acres of Meadow c. with the appurtenances in C. B. H. neer T. as his right and inheritance which said Writ together with the return of the same and the plea upon the same Writ with all other things touching that Plea followeth in these words The Writ OLiver c. To the Sheriff of Heref. greeting Command T. B. the Elder and I. his wife that justly and without delay they render to I. Earl of S. the Manor of C. with the appurtenances and one Messuage c. with the appurtenances in C. B. and H. neer T. which he claimeth to be his right and inheritance and to hold of us in Capite And whereupon he complaineth that the aforesaid T. and I. him unjustly do deforce unless they shall do it and the aforesaid Earl shall make you secure for prosecuting his plaint then summon by good summoners the aforesaid T and I. that they may be before our Justices at Westminster from the day of Easter in fifteen dayes to shew wherefore they did it not And have you there the summoners and this Writ witness my self at Westminster the second day of April in the year c. Pledges of prosecuting R. D. and I. R. The Answer of I. S. Knight Sheriff Summoners of the within written T. B. and I. his Return thereof wife H. F. and R. L. Pleas at Westminster before I. P. and his Associates Justices of the Lord Protector of the Bench of the Term of Easter in the year of our Lord 1654. Rotulo CCLXIII The demandant Heref. ss John Earl of S. by I. S. his Atturney demandeth against T. B. the Elder and I. his wife the Manor of C. with the appurtenances and one Messuage c. with the appurtenances in C. B. and H. neer T. by a Writ of the Lord Protector of Praecipe in Capite c. And whereupon The Count. he saith that himself was seised of the Manor Messuage Lands c. with the appurtenances in his demeasne as of Fee and right in the time of
peace in the time of the Protector by taking thereof expletion to the value c. that such is his right he offers c. The defendant And the aforesaid T. and I. by W. B. their Atturney came and do defend the right of the aforesaid Earl and their seisin and chiefly of the Manor Messuage c. to him do warrant c. And hereupon the aforesaid Earl demandeth The demandant against him the said W. P. the Manor Messuage c. with the appurtenances in form aforesaid c. And whereupon he saith that he himself was seised of the aforesa Manor Messuage c. with their appurtenances in his demeasne as of Fee and right In the time of peace in the time of the Lord Protector now by taking thereof expletion to the value c. And that such is his right he offers c. And the aforesaid W. P. tenant by his warranty The defence defendeth the right of the aforesaid Earl and his seisin and chiefly of the Manor Messuage Lands c. with the appurtenances and all c. And he puts himself thereof on the Issue to be tryed by the grand Assize Grand Assize of the Lord Protector and demandeth a recognizance to be made whether he hath more right to hold the Manor Messuage Lands c. with the appurtenances as tenant by his warranty as he holdeth them or the aforesaid Earl to have the Manor Messuage Lands c. with the appurtenances as he above demandeth them c. And the aforesaid Earl Imprlance prayeth license of imparling c. And he had it c. Default Judgement And afterwards the same Earl by his Atturney aforesaid came again here in Court and the aforesaid W. P. although was solemnly called came not again but in contempt of the Court made default Therefore it is considered that the aforesaid Earl do recover his seisin against the aforesaid T. and I. of the aforesaid Manor Messuage c. with the appurtenances to hold to the same Earl and his Heirs quite of the aforesaid T. and I. and his Heirs for ever And the aforesaid T. and I. may have of the Lands of the aforesaid W. P. to the value of the Manor Messuage Lands c. aforesaid with the appurtenances And the aforesaid W. P. in mercy c. The warrant of Atturney thereof followeth in these words HEref ss John Earl of Shrewsbury puts in his place I. S. against T. B. the Elder and I. his wife of a Plea of Land Heref. ss T. B. the Elder and I. his wife puts in their place W. B. against John Earl of Shrewsbury of a Plea of Land All and singular which things at the request of the aforesaid Earl we have caused to be exemplified and our great Seal which we use for such exemplifications and also for all manner of Judiciall Writs out of the Bench aforesaid issuing forth to be sealed we have caused to be put to these presents Witness O. Saint John at Westm the 28. day of May in the year c. A remission to the Court in a Writ of right TO the Lord Protector c. for that A. in our Court before your Justices of the Bench by your Writ of right D. E. of one Messuage with the appurtenances in S. which of me is holden by my license mediating doth purpose to implead to your Highness by the tenor of these presents I signifie that I have remitted my Court to you thereof in this behalf Saving to me otherwise the right of the Lord in the like case when it shall happen In testimony of which thing these my Letters Patent I have caused to be made Sealed with my Seal dated the third day of May in the year c. The Exemplification of a Recovery inrolled OLiver L. Protector of the Commonwealth of Eng. Ireland Scotl. and the dominions thereunto belonging c. To all to whom these our present Letters shal come greeting Know ye that among the inrolments of Writs and other things depending for common Recoveries according to the form of the Statute of the term of Easter at Westminster in the year c. in Roll the first it is thus contained The Doctor which took the affidavit for the value Essex ss Oliver c. to the Sheriff of Essex greeting Command I. W. I. S. that justly and without delay they render to Jo. St. and R. P. four Messuages 4. Gardens 200. Acres of Land 100. Acres of Meadow 300. Acres of pasture 40. Acres of Wood and 300. Acres of Lyng and Heath with the appurtenances in B. T. T. C. D. and H. which they claim to be their right and inheritance And into which the same I. W. I. S. have no entry but after the disseisin which H. H. therof unjustly without JudgemeÌ„t hath made to the afores I. S. T. within 30 years now last elapsed as they say And whereupon they complain that the aforesaid I. W. and I. S. them do deforce And unless they shall do it and the aforesaid I. S. and T. H. shall make you secure for prosecuting his plaint then summon by good summoners the aforesaid I. W. and I. S. that they be before our Justices at Westm from the day of Saint Michael in 15. dayes to shew wherfore they wiâ—l not do it And have you there the summoners and this Writ witness my self at Westminster the 24. day of Septtember Summoners The Sheriffs name in the year c. Gibon Pledges Pledges of prosecuting John Doo Richard Roo Summoners John Den Kich Fen. G. T. Esq Sheriff ss Oliver L. Protector c. to the Sheriff of Essex greeting sum by good summoners E. W. Esq his wife that they be before our Justices at West from the day of S. Hillary in 15. dayes to warrant to Joh. W. and I. S. four Messuages 4. Gardens 300. Acres of Land 100. Acres of Meadow 300. Acres of pasture 40. Acres of Wood and 300. Acres of Lyng and Heath with the appurtenances in B. T. T. C. D. and H. which John St. and Tho. P. in our Court before our Justices at Westm do claim as their right by our Writ of Entry upon disseisin in le post against them And whereupon the same Joh. W. and I. S. in our said Court have called the aforesaid Edm. and John summoners in your County to warrant against them And have you there the summoners and this Writ T. I. D. at Westm the 16. day of Octob. in the year c. * Lone Summoners John Den Rhichard Fen. * T. L. Esq Sheriff ss The prothonatorie in whose office it is entred Summoners The Sheriff The warrant of Atturney * Joh. St. and Tho. do put in their stead E. E. against John W. and I. S. of a Plea of Land ss Iohn W. and I. do put in their place I. A. against Iohn S. and Tho. P. of a Plea of Land ss Edm. W. Esq and Io.
aforesaid H. The Defence Hath not disseised hath disseised the aforesaid F. and R. S. of the aforesaid 12 acres of Meadow with the appurtenances as the same F. and R. by his Writ and Declaration aforesaid above do suppose And of this he puts himself upon the Country c. And the aforesaid F. and R. S. pray licence thereof of imparling And they have it c. And afterwards the same F. and R. came again here in Court in that same Term in their Default Judgement proper persons And the aforesaid R. H. although were solemnly called came not again therefore it is considered that the aforesaid Fr. and R. S. do recover their seisin against the aforesaid I. of the aforesaid 12. acres of Meadow with the appurtenances And that the same J. have of the land of the aforesaid T. to the value c. And that the same T. further have of the land of the aforesaid R. H. to the Recovery in value value c. And the same R. be in mercy c. And hereupon the aforesaid F. and R. S. doe pray the Writ of the Lord Protector to the Mercy Sheriff of the County aforesaid to be directed of causing plenary seisin to have to them of the aforesaid 12 acres of Meadow with the appurtenances And to them it is granted retornable here from the day of Easter in 15 days c. All and singular which things at the request of the aforesaid F. and R. S. by the tenor of these presents we have drawn to be exemplified In testimony of which thing our seal unto the writs in the Bench aforesaid appointed to be sealed to these presents we have caused to be put Witnesse E. A. at VVestminster the 12 day of Feb. 1654. When the Writ of seisin is returned the return thereof must be entred upon the same Roll whereupon the Judgement was entred Another to the like effect OLiver c. To all to whom these our present Letters shall come greeting Ye may know that among the Pleas of Land inrolled at Westminster before E. A. Knight and his dd ' vers teâ—â— Associates our Justices of the Bench to wit in the Term of St. Michael in the year c. in the second roll it is contained thus Nott. ss R. T. and R. B. in their proper persons demand against P. T. Gent. and W. H. Gent. the Mannors of H. and M. with the appurtenances and 20 Messuages The Count. 10 Tofts 1 Water-mill 2 Dove-houses 30 Gardens 500 acres of Land 200 acres of Meadow 60 acres of pasture 300 acres of Wood 1000 acres of Ling and Heath 50 Crofts of Moor and 20 s. rent with the appurtenances in H. M. D. c. as their right and inheritance And into which the same P. and W. have not entry but after the Disseisin which H. H. thereof unjustly and without judgement hath made to the aforesaid R. and R. within 30 years c. And whereupon they say that themselves were seized of the Defence for the lands Mannors Tenements and rent aforesaid with the appurtenances in his demeasne as of Fee and right in the time of peace in the time of the now Loâ—d Protector by taking thereof expletion to the value c. And into which c. And thereupon they produce suit c. Demandant against the Vouchee And the aforesaid P. and W. in their proper persons came and do defend their right when c. And call thereof to warranty G. M. Gent. who is present here in Court in his proper person And gratis the Mannors Tenements and rent aforesaid with the appurnances to them he warrants c. Count. And hereupon the aforesaid R. and R. demand against him the said G. Tenant by his warranty the Mannors Tenements and rent aforesaid with the appurtenances in form aforesaid c. And whereupon they say that themselves were seized of the Manors Tenements and rent aforesaid with the appurtenances in his demeasne as of Fee and right in the time of Peace in the time of the now Lord Protector by taking thereof expletion to the value c. And into which c. And thereof they produce suit c. Defence by the Vouchee And the aforesaid G. Tenant by his warranty defendeth his right when c. And furthermore calleth thereof to warranty D. H. who likewise is present here in Court in his proper person and gratis the Mannors The Revoucher Tenements and rent aforesaid with the appurtenances to him he warrants c. Demand against the 2 Vouchee And hereupon the aforesaid R. and R. demand against him the said D. being Tenant by his warranty the Mannors Tenements and Rent aforesaid with the appurtenances in form aforesaid c. And whereupon The Count against the 2 Vouchee they say that themselves were seised of the Mannors Tenements and rent aforesaid with the appurtenances in his Demeasne as of Fee and right in the time of peace in the time of the now Protector by taking thereof expletion to the value c. And into which c. And thereupon they produce suit c. Defence by the 2 Vouchees Non disseisivit And the aforesaid D. Tenant by his Declaration defendeth his right c. And saith that the aforesaid H. hath not disseised the aforesaid R. and R. by their Writ and Declaration aforesaid above do suppose And of this put themselves upon the Countrey c. And the aforesaid R. and R. pray Licence Imparlance thereof of imparling And they have it c. The default And afterward the same R. and R. came again in the Court in this same Term in their proper persons And the aforesaid D. although he was solemnly called came not again but in contempt of the Court departed and made default therefore it is considered that the aforesaid R. and R. do recover their seisin Judgement thereupon against the aforesoid P. and W. of the Mannors Tenements and rent aforesaid with the appurtenances And that the same P. and W. have of the Land of the aforesaid G. to the value c. And that the same G. further have of the Lands of the aforesaid D. to the value c And the same G. be in mercy c. And hereupon the aforesaid R. and Recovery in value R. pray the Writ of the Lord Protector to the Sheriff of the County aforesaid to be directed Mercy of causing plenary seisin to have to them of the Mannors Tenements and rent aforesaid with the appurtenances And to them it is â—anted returnable here from the day of St. Martin in 15 days At which day here came the aforesaid R. and R. in their proper persons And the Sheriff to wit I. B. Knight now returneth that he by vertue of that writ to him directed the 14th day of November last past caused plenary seisin to have to the aforesaid R. and R. of the Mannors Tenements and
Rent aforesaid with the appurtenances as by that writ to him it was commanded c. all and singular which things at the request of the aforesaid R. and R. by the tenour of these presents we have drawn to be exemplified In Testimony of which thing our Seal unto the writs in the Bench aforesaid appointed to be Sealed to these presents we have caused to be put Witnesse c. A Dedimus Potestatem to take knowledge of a warrant of Atturney of the Vouchee OL. Lord Protector to his beloved and faithfull Ra. Ro. Serjeant at law greeting whereas our writ of entry upon Disseisin in le post dependeth before the Justices of the Bench between W. S. and R. C. Gent. Demandants and G. T. Knight Lord T. Deforcient of the Mannor of W. with the appurtenances and of one Messuage 200 acres of Land 60 acres of Meadow 100 acres of Pasture 100 acres of wood 50 acres of Moor and 5 s. Rent with the appurtenances in W. and L. in the County of Salop and the aforesaid G. in our full Court there before our Justices aforesaid appearing called W. C. to warrant to him the Mannor aforesaid with the appurtenances whereuppon then and there issued forth our Summons ad warrantizandum to the Sheriffe of the County aforesaid directed against the same W. C. returnable before our Justices aforesaid in 15 daies of St. Hillary next to come And because the aforesaid W. C. is so impotent of himself and worn with age that unto VVestminster before our Justices aforesaid at the day in our said writ of Summons ad warrantizandum contained to travail is not sufficient as we have been informed We pittying the estate of the same W. in this behalf have given you power and full authority to receive the Attorney or Attorneys which the same W. C. shall constitute or put in his place before you to the warranty to be called to gain or lose in the Plea aforesaid before our Justices aforesaid and us thereof in our Chancery of the name of such Attorney or Attorneys to certifie And therefore we command you that unto the aforasaid W. C. if he be not well able to travail to you ye personally goe and his Attorney or Attorneys joyntly or severally in form aforesaid ye receive and when that Attorney or those Attorneys ye shall so receive us in our Chancery in 15 days of Saint Hillary wheresoever then we shall be under your Seal ye duly certifie sending back this writ to us T. c. It is returned thus The answer of the within named R. R. unto this writ The execution of this Writ appeareth in a certain Schedule to this Writ annexed R. R. Salop ss COmmand G. T. Knight Lord T. that justly c. he render to W. S. and R. the Mannor of W. with the appurtenances and one Messuage c. as above in the Dedimus potestatem verbatim with the appurtenances in W. L. which he claimeth c. Salop ss BEing called to Warranty doth put in his stead A. B. and F. R. joyntly and severally against W. S. and R. C. in a plea of land Taken and knowledged at Firbeek in the County of Salop the tenth day of February In the year of our Lord 16â—4 A Dedimus potestatem of receiving an Atturney in a writ of Entry super disseisinin le post for the Tenant THe P. to his beloved and faithfull H. W. Knight greeting Whereas by our Writ of Entry upon Disseisin in the post hanging before our Justices of our Common Bench between H. D. and T. H. of 20 acres of land 3 acres of Meadow and 12 acres of Pasture with the appurtenances in M. in the County of N. And because the same T. is so impotent and worn out with age that without very great danger of his body before our Justices aforesaid at the day in our said Writ contained he is not well able to travell as we have been informed We godlily pitying the state of the same T. in this behalf have given you full power and authority to receive the Attorney or Attorneys joyntly and severally which the same T. to gain or lose in the plea afotesaid before our Justices aforesaid in his stead before you he shall will to constitute or put and us thereof in our Chancery of the name of such Attorney or Attorneys duly to certifie And therefore we command you that unto the aforesaid T. if he be not well able travel unto you you personally goe and his Attorney or Attorneys joyntly and severally in form aforesaid ye receive And us in our Chancery of the name of such Atturney or Atturneys of him the said T. in the Morrow of Saint J. next to come wheresoever then we shall be under your seal duly ye certifie returning to us this Writ T. the 25 day of April in the year of c. It is returned thus The answer of the within named H. W. unto this Writ The execution of this Writ appeareth in a certain Schedule to this Writ annexed H. W. Nott. ss COmmand T. H. that justly c. he render to H. D. 20 acres of land c. as above in the Dedimus potestatem verbatim with the appurtenances in M. which he claimeth c. Not. ss T. H. Puts in his place A. B. and F. R. joyntly and severally against H. D. of a plea of land Taken and knowledged at Firbeeke in the County of Nott. the 10th day of February in the year of our Lord 1654 Another Writ of Dedimus potestatem to receive an Attorney for the Tenant upon the Writ of Entry THe PROTECTOR to his beloved and faithfull R. S. and W. B. greeting Whereas our Writ of entrie upon disseisin in le post dependeth before our Justices of the Bench between A. B. Knight Demandant and C. D. Esq Tenant of the 4th part of the Mannor of F. with the appurtenances and 800 acres of Land 20 acres of Meadow 220 acres of Pasture 300 acres of Wood and 40 l. rent with the appurtenances in F. aforesaid in the County of Essex And because the same C. is so impotent of himself and worn out with age that without very great danger of his body unto Westminster at the day in the said Writ contained personally to appear and to do and plead that which in the same then there should be expedient to be done he is not well able to travel as we have been informed We tendring the state of the same C. in this behalf have given to you and both of you joyntly and severally full power and authority to receive the Attorney of the aforesaid C. which the same C. personally before you or one of you against the aforesaid A. in the Writ aforesaid depending before our aforesaid Justices in his place shall will to put or constitute to call the Plaintiff to plead the warranty to gain or lose in that writ And therefore you and both of you joyntly and severally we command that
unto the aforesaid C. if he be not well able to travel unto you ye personally going the Attorney or Attorneys which the same C. personally before you or one of you in the Writ aforesaid before our aforesaid Justices depending against the aforesaid A. to call the Plaintiffe there at the aforesaid Term to plead the warranty to gain or to lose in his stead he shall will to put or constitute Atturney you or one of you receive And when ye or one of you shall so receive such Atturney or Atturneys Us in our Chancery of the name or names of such Atturney or Atturneys of him the said C. in 8 dayes of St. Hillary next to come wheresoever he shall be under your seals or one of yours duely ye or one of you certifie returning to us this Writ T. c. The Form of a Recovery with single Voucber COmmand S. H. that he render to A. B. and C. D. 40 Messuages with the appurtenances in G. D. R. c. The aforesaid S. H. doth put in his place R. F. and T. N. joyntly and severally against the aforesaid A. B. C. D. in a plea of Land W. A. whom the aforesaid S. H. calleth to warranty puts in his stead G. M. and T. F. joyntly and severally against the aforesaid A. B. and C. D. in a plea of Land The aforesaid A. B. and C. D. doe put in their stead R. C. and F. C. joyntly and severally against the aforesaid S. H. in a plea of land A Common Recovery had by divers against one of divers Mannors c. within the County Pallatine of Chester before the Judges of the Shires and Counties Of Pleas of the County of Chester at Chester before T. E. Esquire Son of T. E. Knight Justice of the Lord Protect there on Wednesday next after the Feast of Easter In the year of our Lord c. R. E. Knight P. D. Knight I. S. Son and heir apparent of T. S. of W. T. S. Son and heir apparent of R. S. of S. and G. L. Chaplain by Th. B. his Attorney in the Court of the Lord Protect here do demand against H. S. of O. Esq the Mannor of O. alias O. with the appurtenances and 14 Messuages c. as their right and inheritance and into which the same H. hath no entry but after the disseisin which Th. Cutt. thereof unjustly and without judgement hath made to the aforesaid R. P. I. T. and G. after that J. S. was made Earle of Chester c. And whereupon the same R. P. I. T. and G. say that they themselves were seized of the same Mannors Messuages Lands Meadows Pastures Woods Turbary Mosses and rent with the appurt c. in their demeasne as of Fee in the time of Peace of our Lord Protector taking thereof over in value c. And into which c. and there produce suit c. And the aforesaid H. S. Esq in his proper person comes and defends his right when c. and calleth to warranty T. N. who is present in Court in his proper person and gratis to the same H. S. the Mannor Messuage Lands Tenements Meadowes Pastures Woods Turbarie Mosses and rent and the moyety of the Mannor of E. above demanded with the appurtenances he warrants And hereupon the aforesaid R. P. I. T. and G. do demand against the same T. N. tenant by his warranty the aforesaid Mannors Messuages c. and the moyety of the Mannor of E. with the appurtenances in form aforesaid c. and whereupon they say that they themselves were seized of the same Mannors Messuages Lands Meadows Pastures woods Turbary Mosses rent and moyetie of the Mannor of E. with the appurtenances in his Demeasne as of Fee in the time of peace in the time of the said Lord Protector taking thereof over in value c. and into which c. And thereof they produce their sure c. And the aforesaid Th. N. Tenant by his Warranty defendeth his right when c. and saith that the aforesaid T. C. hath not disseised the aforesaid R. P. J. T. and G. of the aforesaid Mannor Messuage Lands Meadows Pastures Woods Turbary Mosses and Rent and Moyety of the Mannor of E. above demanded with the appurtenances in manner and form as the aforesaid R. P. J. T. and G. by their Writ and Declaration aforesaid doe suppose c. And the aforesaid R. E. P. D. I. T. and G. do pray licence thereof of imparling here c. and they may have it Afterwards the same Term c. The aforesaid R. P. I. T. and G. by their Attorney aforesaid came again in the Court of the Lord Protector c. And the aforesaid T. N. Tenant by his Warranty although solemnly exacted came not again but in contempt of the Court here departed made default Therefore it is considered by the Jury aforesaid that the aforesaid R E. P. D. I. T. G. recover their seisin against the aforesaid H. S. of the aforesaid Mannor Messuage Lands Meadows Pastures Woods Turbarie Mosses Rent Moyety of the Mannor of E. above demanded with the appurtenances And that the same H. have of the land of the aforesaid T. N. to the value And the same T. N. in mercy A Common Recovery by divers before the Justices of Chester and Judges of the same County of a Mannor c. Of Pleas of the County of Chester at Chester before T. E. Knight Justice of the LORD PROTECTOR there on Wednesday tali Anno. R. B. W. B. B. B. Sons of R. B. Knight O. B. H. D. Son and Heir of R. D. Esq deceased D. D. of E. and R. C. Chaplain by T. B. their Attorney in the Court of the LORD PROâ—ECTOR here do demand against R. D. Chaplain and T. H. of the City of C. the Mannor of W. with the appurtenances 30 Messuages one Watermill 500 acres of land 400 acres of Meadow 200 acres of Pasture 100 acres of Wood 20 acre of Turbarie 40 acres of Land covered with water and 40 l. rent with the appurtenances in W. and O. as their right and inheritance and into which the same R. and T. hath non entry but after the disseisin which T. C. unjustly and without judgement hath made to the aforesaid R. W. B. c. after that J. Scoticus was made Earl of Chester c. And whereupon the same R. W. B. c. say that they themselves were seised of the same Mannor Messuage Mill Lands Meadows Pastures Woods Turbarie Lands covered with Water with the appurtenances in their Demeasne as of Fee in the time of peace in the time of the Lord Protect now taking thereof over in value c. And into which c. And thereof they produce their sute c. And the aforesaid R. D. and T. H. in their proper persons doe come and defend their right when c. and doe call thereof to warranty W. M. Esq who is present here in Court in his proper person and gratis the Mannor
Messuage Mill Lands Meadows Feedings Woods Turbary Lands covered with water aforesaid to the same R. D. and T. H. doth warrant c. And hereupon the aforesaid R. W. B. c. do demand against him the said W. M. Esquire Tenant by his Wartanty the Mannor Messuage Mill Lands Meadows Feedings Woods Turbary Lands covered with water and rent above demanded with the appurtenances in form aforesaid c. and whereupon they say that they themselves were seised of the same Mannor Messuage Mill Lands Meadows Pastures Woods Turbary Lands covered with water and Rent with the appurtenances in their Demean as of Fee in the time of peace in the time of the said L. Prot. now to take thereof over in value And into which c. And thereupon they produce their suit c. And the aforesaid W. M. Esq Tenant by his Warranty defendeth his right when c. and calleth thereof to warranty Th. Needham who is present there in Court in his proper person and gratis the Mannor Messuage Mill Lands Meadows Pastures woods Turbary Lands covered with water and rents aforesaid with the appurtenances to the same M. M. doth warrant c. And hereupon the aforesaid R. W. B. c. Do demand against him the said Th. Needham Tenant by his Warranty the aforesaid Mannor Messuage Mill Lands Meadows Pastures Woods Turbarie Lands covered with water and Rent above demanded with the appurtenances in form aforesaid c. And whereupon they say that themselves were seised of the same Mannor Messuage Mill Lands Meadows Pastures Woods Turbary Land covered with water and rent above demanded with the appurtenances in their demeasne as of Fee in the time of peace in the time of the said Lord the now Protect to take thereof over in value c. and into which c. and thereupon they produce their sute c. And the aforesaid Thomas Needham Tenant by his Warranty defends his right when c. and he saith that the aforesaid T. Cut hath not disseised the aforesaid R. W. B. c. of the Mannor Messuage Mill Lands Meadowes Pastures Woods Turbary Lands covered with water and Rent with the appurtenances in manner and form as the same R. W. B. c. by their Writ and Declaration above doe suppose c. And the aforesaid R. R. W. c. do pray license thereof of imparling here c. and they have it c. And afterwards in that same County here c. the same R. W. B. c. by their aforesaid Atturney came again in the Court of the Lord Protector And the aforesaid T. N. Tenant by his warranty although solemnly exacted came not again but in contempt of the Court here departed and made default c. Therefore it is Ordered by the Judges of the County aforesaid that the aforesaid R. W. B. c. recover their seisin against the aforesaid R. D. and T. H. of the aforesaid Mannor Messuage Mill Lands Meadows Pastures Woods Turbarie Land covered with water and rent above demanded with the appurtenances c. And that the aforesaid R. D. and T. H. have of the Lands of the aforesaid W. M. to the value c. And the same T. N. in mercy c. The like Common Recovery in the said County of Chester to the next before and of the same Mannor and Lands Of Pleas of the County of Chester at Chester before T. E. Esq Son of T. E. Knight Justice of the Lord Protector the Wednesday after the Feast of beheading of S. John the Baptist in the year c. R. B. of Chester R. B. W. B. B. B. Sons of R. B. Knight and O. B. by T. B. their Atturney in the Court of the Lord Protector here doe demand against W. M. Esquire the Mannor of W. 23 Messuages 1 Water-Mill 300 acres of Land 20 acres of Meadow 100 acres of Pasture 40 acres of Wood 10 acres of Turbary and 10 acres of Land covered with water with the appurtenances in W. M. K. W. as their right and inheritance and into which the same W. M. hath no entry but after the disseisin which T. C. thereof unjustly and without Judgement hath made to the aforesaid R. R. W. B. G. after that J. Scoticus was made Earl of C. c. And whereupon the same R. R. W. c. say that themselves were seized of the same Mannor Messuage Mill Lands Meadows Pastures Woods Turbarie and lands covered with water with the appurtenances in their Demeasne as of Fee in the time of Peace in the time of the Lord now Protector to take thereof over in value And into which c. And thereupon they produce their suit c. And the aforesaid W. M. in his proper person cometh and defendeth his right when c. And calleth thereof to warranty T. N. who is present here in the Court in his proper person and gratis to the same W. M. the Mannor and Tenements aforesaid with the appurtenances doth warrant And hereupon the aforesaid R. R. W. c. doe demand against him the said T. N. tenant by his warranty c. the Mannor and Tenements aforesaid above demanded with the appurtenances in form aforesaid c. and whereupon they say that themselves were seized of the same tenements with the appurtenances in their demeasne as of Fee in the time of peace in the time of the said now L. Protect by taking therof over in value c. And into which c. And thereupon they produce their suit c. And the aforesaid T. N. tenant by his warranty defendeth his right when c. and saith that the aforesaid T. C. hath not disseised the aforesaid R. R. W. c. of the tenements aforesaid with the appurtenances in manner and form as they by their writ and Declaration above do suppose c. And the aforesaid R. R. W. c. do pray licence thereof of imparling here c. and they have it c. And afterwards in that same County here c. the same R. R. W. c. by their Atturney aforesaid came againe into the Court of the Lord Protector And the aforesaid T. N. tenant by his warranty although solemnly exacted came not again but in contempt of the Court here departed and made default Therefore it is granted by the Judges of the County aforesaid that the aforesaid R. R. W. B. B. O. recover their seisin against the aforesaid W. M. of the tenements aforesaid above demanded with the appurtenances c. And that the aforesaid W. M. have of the lands of the aforesaid T. N. the value c. And the same T. N. in mercy c. Charges of a Recovery with two Vouchers in person at the bar FOr drawing your Precipe 0 2 6 For taking it into the remembrance  1 0 For your writ of Entry  2 6 For the Fine of it   To the Receiver  0 6 For the Doctors hand entring and endorsing  1 6 For drawing it at
because such Fines execute the estate in the Cognisee forthwith But upon Fines executorie as Fines sur cognisance de droit only or sur grant rents may be reserved for upon those estates are executorie 5 E. 3. 50 39. It is requisite that either the Cognisor or the Cognisee be seised of the lands contained in the Fine at the very time of the levying thereof for if they be not the Fine is void 27 H. 8. f. 4. 22 H. 6. f. 47. 5. E. 3. Neverthelesse a Fine between the Vouchee and the Demandant is good by reason of the privitie which is between them for that he is as it were Tenant in Law 5. H. 7. f 41 8 H. 45. What persons may be Cognisees in Fines ALL lawfull subjects may take benefit by Fine whether they be of full age or within age or Femes Coverts or Ideots or men of non sane memorie imprisoned within or without the Realm or bodies Civil And if a Feme covert be Cognisee shee needeth not to be examined as appeareth before yet before a Fine be ingrossed for a Corporation a Writ ought to be directed to the Justices of the Common place quod permittant finem illum lavari Dyer f. 188. p. 9. and the like writ hath been used when Fines have been levied of lands holden in Capite Fitz. N. B. f. 147. A particular Tenant as Tenant in Dower by the Curtesie or for life cannot by Fine grant and surrender his estate to the owner of the reversion or remainder but he may by Fine grant and release the same 17 E. 3. f. 661. 14 E. 3. 20 E. 3. 24. E. 3. f. 26. Of what things Fines may be levied and of what not FInes may not be levyed of uncertain things and therefore they may not be of a Tenement 3 E. 4. f 19. 11 H. 7. f. 25. but of certain things they may be levyed as of a Messuage Toft Dovehouse Garden Land Meadow Pasture Wood Underwood Heath Moor Reeds Marish Willowes rent per Register f. 2. a of the Rectory of the Parish Church of M. and of the tithes of grain herbage and Hay to the same Rectory belonging c. or with all tithes of Corn Herbage and Hay to the same Rectory belonging Thel lib. 8. cap. 9. Sect. 2. de Rectoria 2 E. 3. of a furlong of land 4 H. 6. 14. of a passage of the water of T. of pasture for certain Oxen Sheep and other beasts and of a Common for all Cattle or for all manner of beasts or of free fishing free warren or of the advowson of the Church of D. or of any special service as of service of one Knights Fee one pair of gilded spurs or of service to find a man horseman or footman to go or to ride in the Army to Wales or Scotland c. of a Fishing 13 E. 3. of an office 27 H. 8. f. 12 of the profits of an office 12 E. 3. of an Advowson Register f. 165. of a Corody 18 H. 6. f. 20. of Chiminage 2 E. 3. f. 46. of the profits of a mill 18 E. 3. f 56. of a free rent in the Writ and in the Record That the aforesaid A hath recognised the aforesaid rent with the appurtenances together with the homage and the fealty to B. and his heirs of all the tenements which c. 1 E. 3. f. 1. and 5. of a frankfold 1 E. 3. f. 1. of a Fair and a Market 1 E. 3. f. 4. of a Franchise 1 E. 3. f. 4. of a Mine of lead and all kind of metal with the appurtenances c. Register f. 165. of the tith of the Herbage unto the Church of N. belonging Regist f. 165. of the advowson of the third part of the Church c. or of the third part of the advowson of the Church or of the moyety of the advowson of a Church 33. H. 6. f. 11. And generally in every case where a precipe quod reddat lieth and of diverse other things Fines may be levied for which consult the Reg. No Fine ought to be levied of lands in ancient demeasne and if any be levied it may be reversed by a Writ of disceit brought by the Lord of the ancient demeasne 21 E. 3. f. 20. and 17 E. 3. 7 H. 4. f. 28. and 44. 8 H. 4. f. 23. which will restore the Lord to his seignory But such Fine remaineth good between the parties to the same 8 H. 4. f. 24. By what names things may passe in Fines AN Honour may passe by the name of a Mannor or by his proper name as de honore de Tickhill or de Manerio de T. It sufficeth to demand a Mannor by his proper name without naming of the Town wherein it lyeth for it may be out of any Town or extend into several Towns and Countries as de Manerio de D. cum pertin yet it seemeth best to expresse all the several Towns into which it extendeth as de Manerio de S. cum pertinentiis in B. C. and D. 19 E. 4. f. 9. 43 E. 4. f. 9. a. Bracton lib. 4. cap. 31. S. 3. 9 E. 4. f. 61. 16 a. 17 b. 11 H. 7. f. 49. 9 E. 4. f. 3. a. 11 H. 7. f. 22. 6. A Castle or a hundred may be parcel of a Mannor and passe by the name of the Mannor whereof they be parcel 26 Ass 54. And some one Mannor may be parcel of another 2 E. 3. f. 56. And a Castle may be demanded by his proper name as de Castello de B. cum pertinentiis 1 E. 3. f. 4. An hundred may be demanded by it self as de Hundredo de S. 27 H. 6. f. 2. Messuagium is a dwelling house by the name of a Messuage may passe a Curtilage a Garden or Orchard a Dovehouse a Shop a Mill as parcel of an house Eract lib. 5. cap. 28. sect 1. Plo. f. 169 170 171. The like of a Cottage a Toft a Chamber a Cellar c. yet may they be demanded by their single names A Chapel or an Hospital must be demanded by the name of a Messuage 13. Ass 2. A Toft is a place wherein a Messuage hath stood A Curtilage is a Garden or a yard near or belonging to a Messuage Plow Molendinum a Mill is good without adding ventriticum or aquaticum or granaticum viz. a Wind-Mill or a Water-Mill or a Corn-Mill albeit the latter be more usual 44 E. 3. f. 13. Land is to be demanded by the certain measure of the superficial quantity thereof as Hidra Carucata Bovata Virgata Acra c. roda c. terrae In like manner boscus suboscus bruera mora juncaria mariscus aluetum ruscaria may be demanded by the number of acres thereof 16 Ass 9. Turbarie may be demanded by the name of Morae Rent by the number and multitude of the things that are to be rendred as 10 l. or six pence or a half penny rent c. Housebote Haybote and
rent with the appurtenances in C. N. and B. And unlesse c. And the Concord is such to wit that the aforesaid T. C. W. R. T. P. and L. have recognised the Mannors Tenements and rents aforesaid with the appurtenances to be the right of him the said I. And those they have remised and quit claimed from themselves and their heirs to the aforesaid J. and the heirs of him the said J. for ever And for this c. the same I. and E. have granted to the aforesaid T. C. W. R. T. P. and L. the aforesaid Mannors Tenements and Rent with the appurtenances and those to them they rendred in the same Court. To have to hold to the same T. C. W. R. T. P. and L. all the life time of her the said E. And the aforesaid I. and his heirs will warrant to the aforesaid T. C. VV. R. T. P. and L. the aforesaid Mannors Tenements and Rent with the appurtenances as it is said against all men during the life of her the aforesaid E. c. A Concord of divers Tenements Rents of a Rectory and Advowson c. THis is the final Concord made in the Court of the Lord Protector at W. from the day of Easter in 15 days in the year c. before E. A. T. M. F. W. W. P. Justices and other faithfull men then there present between I. B. Gent. and R. Gent. Plaintiffs and R. C. the elder Gent. and R. C. of Grays Inn in the County of Middlesex Gent. Deforcients of 100 Messuages 100 Cottages 2000 acres of Land 1000 acres of Meadow 2000 acres of Pasture 100 acres of Wood 1000 acres of Furrs and Heath and 100 shillings rent with the appurtenances in c also of the Rectory of K. with the appurtenances and of the Advowson of the Church of K. whereof Plea of Covenant was summoned between them in the same Court to wit that the aforesaid R. and R. have recognised the aforesaid Tenements Rent and Rectory with the appurtenances and the Advowson aforesaid to be the right of him the said J. as those which the same J. and R. have by the gift of the aforesaid R and R. And those they have remised and quit claimed from them the said R. and R. and their heirs to the aforesaid I. and R. and the heirs of him the said J. for ever And furthermore the said R. and R. have granted for themselves and the heirs of him the said R. C. the elder that they will warrant to the aforesaid J. and R. and the heirs of him the said J. The aforesaid Tenements Rent and Rectory with the appurtenances and the Advowson aforesaid against the aforesaid R. and R. and the heirs of him the said R. C. the elder for ever And for this Recognisance remise quite claim Warranty Fine and Concord the said J. and R. have given to the aforesaid R. and R. two thousand pounds sterling A Fine of the fourth part of two Messuages the one by a Coparcenor of his part c. to two strangers THis is the finall Concord made in the Court c. between G. I. and W. W. Plantiffs and I. C. and I. his wife Deforcients of the fourth part of 2 Messuages 4 Tofts 2 Gardens 2 Orchards 200 hundred acres of Land 20 acres of Meadow 40 acres of Pasture 12 acres of Wood and 100 acres of Moor with the appurtenances in G. and L. in four parts divided whereof plea of Covenant was summoned between them in the same Court to wit that the aforesaid T. and I. have regcognised the aforesaid fourth part with the appurtenances to be the right of him the said G. as that which the said G. and W. have by the gift of the aforesaid I. and I. And that they have remised and quit claimed from them the said I. and I. and the Heirs of the said I. to the aforesaid G. and W. and the Heirs of him the said G. for ever And furthermore the said Jo. and Ja. have granted for themselves and the heirs of her the said Ja. that they will warrant to the aforesaid G. and W. and the Heirs of him the said G. the aforesaid fourth part with the appurtenances And that to them they have rendred in the same Court. To have and to hold to the same I. and I. of the chief Lords of that Fee by the services which unto the aforesaid fourth part do belong during the lives of them the said I. and I. the life of the longer liver of either of them without impeachment of any wast And after the decease of them the said I. and I. the aforesaid fourth part with the appurtenances shall wholly remain to B. C. Son of the aforesaid I. and I. and the heirs of the body of the said B. lawfully begotten To hold of the chief Lords of that Fee c. for ever And if it happen that the said B. shall die without heir of his body lawfully begotten then after the decease of him the said B. the aforesaid fourth part with the appurtenances shall wholly remain to P. C. another Son of the said I. I. the heirs of his body c. to hold of the chief c. for ever And if it happen that the said P. shall die c. then after the decease of him the said P. the aforesaid fourth part shall wholly remain to R. C. another Son of the aforesaid I. and I. and the heirs of his body c. To hold of the chief c. for ever And if it happen that the said R. shall die c. then after the decease of the said R. the aforesaid 4th part with the appurtenances shall wholly remain to the right heirs of the aforesaid J. To hold of the chief Lords of that Fee by the services which unto the aforesaid fourth part do belong for ever A Fine of lands part in possession and part in reversion of a third part for term of the life of the Tennant in Dower and for Term of the life of another Tenant for Term of life York ss COmmand J. W. and A. his Wife that justly c. they hold to I. L. and E. E. Covenant of one Messuage c. also of the third part in three parts to be divided of 4 Messuages with the appurtenances c. And the Concord is such to wit that the aforesaid I and A. have recognised the Tenements aforesaid and the third part aforesaid with the appurtenances to be the right of him the said J. of which the said J. E. and E. E. have one Messuage with the appurtenances in the aforesaid Towns of T. and B parcel of the Tenements aforesaid and the aforesaid third part of four Messuages c. with the appurtenances in T. and B. parcel of the Tenements aforesaid by the gift of the aforesaid I. and A. And that they have remised and quit claimed from them the said I. and A. and their heirs to the aforesaid J. E. and E. E.
this c. A Fine acknowledged by I. F. Knight and M. his Wife and R. H. of 2 Messuages 1 Garden 1 Orchard and of Land Meadow and Pasture to T. B. and I. K. with warranty against all men And the Conusees by the said Fine Grant and Render to the said R. one of the Conusors in the Fine 6 acres of Land c. parcel of the Premises for one month to come next and afterwards the same to remain to one I. now the Wife of R. N. and R. N. Son of the said R. and I. during their lives the longer liver of them and after their deceases the said 6 acres of Land to remain to I. N. Daughter of the said R. and I. his Wife during her life reserving a Rent with clause of Distresse for non-payment thereof and the residue of the Premises viz. The two Messuages one Garden one Orchard c. the said Conuses grant and render to R. H. for one month and afterwards to one R. N. and I. his Wife To have and to hold to the said R. I. during their lives and the longest liver of them reserving also thereupon a Rent with a clause of Distress for non payment thereof And lastly the said Conusees do grant and render the reversion of the whole Premises and the several rents reserved upon the said Grants and Renders unto the said I. F. and M. his Wife two of the said Conusors and to the Heirs of the said I. F. for ever COmmand I. F. Knight and M. his wife and R. H. that justly c. they hold to T. P. and I. K. c. of 2 Messuages one Garden one Orchard 21 acres of Land nine acres of Meadow and 58 acres of Pasture with the appurtenances in M. And unless c. Warranty And the Concord is such to wit that the aforesaid I. M. and R. have recognised the Tenements aforesaid with the appurtenances to be the right of the said T. as those which the said T. and I. have by the gift of the aforesaid M. and R. And those they have remised and quite claimed from them the said I. M. and R. and their Heirs to the aforesaid T. and I. and the Heirs of the said T. for ever And moreover the said I. F. M. and R. have granted for themselves and the Heirs of the said I. that they will warant the Tenements aforesaid with the appurtenances to the aforesaid T. and I. and the Heirs of him the said T. against all men for ever and for this c. The said T. and I. have granted to the aforesaid R. six acres of Land 6 acres of Meadow and 46 acres of Pasture of the Tenements The Render of the parcel of the Premises aforesaid with the appurtenances and those to him they have rendred in the said Court. To have and to hold to the said R. for term of one month henceforth next to come And after that term ended the said 6 acres of Land 3 acres of Meadow 46 acres of Pasture with the appurtenances shall wholly remain to one I. the now Wife of one R. N. and to one R. N. Sonne of them the said R. N. To have and to hold to the aforesaid I. and R. during the life of them the said I. and R. and of the longer liver of either of them and after the decease of the said I. and R. the said 6 acres of Land 3 acres of Meadow and 46 acres of Pasture with the appurtenances shall wholly remain to I. N. Daughter of the aforesaid R. and I. his Wife The Rent To have and to hold to the said I. the Daughter all the life time of the said I. the Daughter yielding therefore yearly to the aforesaid T. and I. and their Heirs 108 s. 10 d. at the Feasts c. by equall portions yearly to be paid A clause of Distresse And if it happen the aforesaid annuall rent of CVIII shillings X pence or any parcell thereof to be in arrear and unpaid in part or in all after any Feast of the Feasts aforesaid wherein or in which as aforesaid it ought to be paid that then it shall be lawfull for the aforesaid T. and I. their Heirs and assigns as well during the naturall life of the aforesaid I. and R. N. now Wife of the aforesaid R. and of the longer liver of either of them as during the life of the aforesaid I. the Daughter into the aforesaid 6 acres of Land c. with the appurtenances and into every parcel thereof to enter and to distrain and the distresses so there taken it may be lawfull from them to lead and drive away and in their custody to retein untill of the aforesaid annuall rent of 108 s. 10 d. and of every parcel thereof together with the arrears thereof if any shall be they shall be fully satisfied and paid And furthermore the said T. and I. have granted to the aforesaid R. H. The render of the resiâ—ue two Messuages one Orchard one Garden sixteen acres of Land 3 acres of Meadow and 12 acres of Pasture with the appurtenances being the residue of the Tenements aforesaid And those to him they have rendred in the said Court To have and to hold to the said R. for the term of one month and after that term ended the said 2 Messuages 1 Garden 1 Orchard sixteen acres of Land three acres of Meadow and twelve acres of Pasture being the residue shall wholly remain to one R. N. and I. his Wife To have and to hold to the said R. N. and I. during the life of the said R. N. and I. and of the longer liver of Rent for the Residue them yielding therefore yearly to the aforesaid T. and I. and the Heirs of them 13 s. of lawfull money of England at the Feasts aforesaid by equal portions yearly to be paid And if it happen the aforesaid yearly rent of 13 s. A clause of Distresse or any parcel thereof to be behind and unpaid in part or in all after any Feast of the Feasts aforesaid wherein as aforesaid it ought to be paid That then it shall be lawfull for the aforesaid T. and I. into the aforesaid two Messuages one Garden one Orchard 16 acres of Land 3 acres of Meadow and 12 acres of Pastureâ— being the residue with the appurtenances and every parcell thereof to enter and distrain and the distresses so there taken it may be lawfull from thence to lead drive The render of the reversion of all the premises and all the Rents reserved away and in their custody to retein untill of the aforesaid Rent of 13 s. together with the arrerages thereof if any shall be they shall be fully satâ—fied and paid Also the aforesaid T. and I. K. have granted to the aforesaid I. F. and M. the reversion of all and singular the Tenements aforesaid with the appurtenances and all the rents aforesaid thereupon reserved And those to them they have rendred
age for 2000 sheep free Warren and free fishing in B c. And unlesse c. And the Concord is such to wit that the aforesaid Earl and Frances have recognised the aforesaid Mannor Tenements and rent with the appurtenances and the advowson liberty free-warren and free-fishing aforesaid to be the right of him the said W. as those which the said W. hath by the gift of the aforesaid Earl and Fran. And those they have remised and quite claimed from them and their heirs for ever And moreover the said Earl and Fr. have granted for themselves and the heirs of him the said Earl that they Warranty will warrant the Mannor Tenements and rent aforesaid with the appurtenances and the advowson liberty free warren and free-fishing aforesaid to the aforesaid W. and his heirs against all men for ever And for this c. A Fine knowledged by the Husband and the Wife and a third person of certain acres of land meadow and wood and the Husband and the Wife warrant the land to the Conusees and to the heirs of one of them and the same Conusees grant and render again the land to E. wife of one of the Conusors from Michaelmas past for the term of 99 years without impeachment of wast yielding a rent to the Conusees and to the heirs and assigns of one of them with a clause of distress for non-payment of the rent and afterwards they grant the rent and the rereversion of the lands in fee to one W. W. COmmand W. Walgrave Esquire E. his wife and E. E. that justly c. they hold to R. R. and T. G. the Covenant c of two acresand a half of meadow and 70 acres of wood with the appurtenances in E. And unlesse c. And the Concord is such to wit that the aforesaid W. E. and E. have recognised the aforesaid Tenements with the appurtenances to be the right of him the said R. as those which the said R. and T. have by the gift of the aforesaid W. E. E. And those they have remised quite claimed from them the said W. and E. and their heires to the aforesaid R. and T. and the heirs of the said R. for ever Warranty And furthermore the aforesaid W. and E. have granted for themselves and the heirs of the said W. that they will warrant to the aforesaid R. and T. and the heirs of him the said R. the aforesaid Tenements with the appurtenances against all men for ever And for this recognizance c. the aforesaid R. R. and T. G. have granted to the aforesaid E. the aforesaid Tenements with the appurtenances And those to him they have renred in the said Court. To have and to hold to the said E. from the Feast of St. Michael the Archangel now last past untill the end and The render term of 99 years then next following and fully to be compleat without impeachment of any wast Yielding therefore yearly to the aforesaid R. and T. and the heirs and assigns of the said R. during all the Term aforesaid 60 s. and one penny of lawful money of England at the Feasts of the Annunciation of the Rent blessed Virgin Mary and St. Michael the Archangel by even portions to be paid And if it happen the aforesaid rent of 60 s. 1 d. to be in arrear and unpaid in part or in all after any Feast of the Feasts aforesaid in which as aforesaid it ought to be paid That then it shall be lawfull for the aforesaid R. and R. and the heirs and assignes of the said R. into the Tenements aforesaid with the Clause of distresse appurtenances to enter and distrain and the distresses there so taken to lead and bear away and in their custody to retain until of the aforesaid rent together with the arrearages thereof if any shall be they shall be fully satisfied contented and paid And The render of the rent and reversion of the land to one in Fee moreover the said R. R. and T. G. have granted the aforesaid rent of the aforesaid 60 s. 1 d. and the reversion of the Tenements aforesaid with the appurtenances to the aforesaid W. W. and his heirs for ever It hath been taken and acknowledledged before me W. Bendlose Serjeant at Law at S. in the Parish of B. c. A Fine knowledged by two unto one with warranty against all men A Fine sur cognisance de droit ANd the Concord is such to wit that the aforesaid L. G. and T. B. have recognised the Tenements aforesaid with the appurtenances to be the right of him the said I. G. as those which the said I. hath by the gift of the aforesaid L. and T. and those they have remised and quite claimed from them the said L. G. and T. and their Heirs for ever And furthermore the said L. G. and T. have granted for themselves and the Heirs of the said The warranty G. that they will warrant to the aforesaid I. and his Heirs the Tenements aforesaid with the appurtenances against all men for ever And for this c. A Fine knowledged of two Messuages and two Gardens c. by the Husband and the Wife and divers others to W. G. with several warranties COmmand R. F. and E. his Wife and G. C. and B. his wife that they keep with W. G. Gent. the Covenant c. of 2 Messuages 2 Gardens one Orchard 30 acres of Land 10 acres of Meadow 40 acres of Pasture and 16 s. rent with the appurtenances in W. D. And unlesse c. And the Concord is such to wit that the aforesaid R. and E. G. and B. have recognised the Tenements aforesaid with the appurtenances to be the â—ight of the said W. as those which the said W. hath by the gift of the aforesaid R. and E. G. and B. And those they have remised and quite claimed for them the said R. and E. and the Heirs of the said G. E. and B. to the aforesaid W. and his Heirs for ever And moreover the Generall warranty said R. and E. have granted for themselves and the Heirs of the said E. that they will warrant the Tenements aforesaid with the appurtenances to the aforesaid W. and his Heirs against all men for ever And furthernore Speciall warranty the said G. and B. have granted for themselves and the Heirs of the said B. that they will warrant the Tenements aforesaid with the appurtenances to the aforesaid W. and his Heirs against the aforesaid G. and B. and the Heirs of him the said B. for ever And for this c. A Fine knowledged of 4 Messuages 1 Toft 3 Barns 3 Gardens 3 Orchards c. to W. S. and N. W. with warranty BEtween W. S. and N. W. Plantiffs and O. B. and A. his wife Deforcients of four Messuages one Toft three Barns three Gardens three Orchards twenty acres of Meadow six acres of Pasture with the appurtenances in K. and
decease of him the said I. S. to dame V. shall wholly remain to the aforesaid J. E. R. and W. and the heirs of him the said I. S. for ever And furthermore the said W. hath granted for himself and his heirs that he will warrant The reversion granted to the said Conusees and to the heirs of one of them the Mannors Tenements and rent aforesaid with the appurtenances to the aforesaid I. E. R. and W. and the heirs of him the said I. S. against all men for ever And for this recognisance c. A Fine knowledged by a Widdow and another to the President and Scholars of Saint Johns Colledge in Oxon of the Scite and principal house of the Colledge commonly called the White Friers in the suburbs of Oxon and 6 Messuages 6 Gardens 6 Orchards c. also in the same Suburbs with warranty A Fine sur cognisance de droit COmmand I. P. Widdow and E. P. Gent. that justly c. they hold to W. E. President of the Colledge of St. John the Baptist in the University of Oxford and the Scholars of the same Colledge the Covenant of the Scite and principal house of the Colledge commonly called The white Friers in the Suburbs of the City of Oxford with the appurtenances and of 6 Messuages 6 Gardens 6 Orchards 20 acres of Land 20 acres of Meadow and 6 acres of pasture with the appurtenances in the Suburbs of the City aforesaid And unlesse c. And the Concord is such to wit that the aforesaid I. and E. have recognised the Tenements aforesaid with the appurtenances to be the right of him the said President and Scholars as those which the same President and Scholars have by the gift of the aforesaid I. and E. And those they have remised and quite claimed from themselves and the heirs of him the said E. to the aforesaid President Scholars and their Successors for ever And moreover the same I. and E. have granted for themselves and their heirs that they will warrant to the aforesaid President and Scholars warranty and their Successors the tenements aforesaid with the appurtenances against the aforesaid I. and E. and the heirs of him the said E. for ever And for this c. A Fine by two and the Wife of one of them of Lands Meadow and Pasture with warranty against the conusors and the heirs of the Husband A Fine sur cognisance de droit COmmand R. B. Gent. T. R. and M. his Wife that they hold to T. B. Gent. the Covenant c. of 30 acres of Land 2 acres of meadow 3 acres of pasture and 6 acres of wood with the appurtenances in C. And unlesse c. The warranty And the Concord is such to wit that the aforesaid R. T. M. have recognised the Tenements aforesaid with the appurtenances to be the right of him the said T. B. as those which the same T. hath by the gift of the aforesaid R. T. and M. And those they have remised and quite claimed from them the said R. T. and M. the Heirs of him the said R. to the aforesaid T. B. and his Heirs for ever And furthermore the same R. T. and M. have granted for themselves and the Heirs of him the said R. that they will warrant the Tenements aforesaid with the appurtenances to the aforesaid T. B. and his heirs against the aforesaid R. T. and M. and the heirs of him the said R. for ever And for this c. A Fine knowledged by T. N. Knight to G. T. Esquire of one Mannor one Messuage c. with warranty against all men A Fine sur cognisance de droit COmmand T. N. Knight that justly c. he hold to G. T. Esquire the Covenant c. of the Mannor of T. with the appurtenances and of one Messuage ten acres of Meadow fifty acres of Pasture and thirty acres of wood with the appurtenances in T. and G. And unlesse c. The warranty And the Concord is such to wit that the aforesaid T. N. hath recognised the Mannor and Tenements with the appurtenances to be the right of him the said G. as those which the same G hath by the gift of the aforesaid T. and those he hath remised and quite claimed from himself and his heirs to the aforesaid G. and his Heirs for ever And furthermore the same T. hath granted for himself and his Heirs that they will warrant the Mannor and Tenements aforesaid with the appurtenances against all men for ever And for this c. A Fine knowledged by T. VV. and K. his wife to G. S. of the third part of 8 Messuages 6 Gardens c. the which one M. B. Widdow holdeth for term of her life and which is of the inheritance of the Conusors wife the day of the Concord made and which ought after the death of the said widdow to revert unto the Conusor and his wife as in the right of his wife and by this fine after the death of the said widdow being tenant for life is to come and remain to the said Conusee and his heirs for ever with warranty against all men COmmand T. W. and K. his wife that justly c. they hold to G. S. the Covenant between them made of the third part of 8 Messuages 6 Gardens 6 acres of land 10 acres of meadow 20 acres of pasture 50 acres of wood with the appurtenances in A. B. c. C. c. A fine of a reversion after the death of Tenant in Dower And the Concord is such to wit that the foresaid T. and K. have recognised the Third part aforesaid with the appurtenances to be the right of the aforesaid G. and they have granted that the same third part with the appurtenances which M. B. Widdow holdeth for term of her life of the inheritance of the said K. the day that this Concord was made and which after the death of the said M. unto them the said T. and K. ought to revert to remain to the aforesaid G. and his heirs for ever To hold c. And moreover the same T. and K. have granted for themselves and the heirs of her the said K. that they will warrant to the aforesaid G. and his heirs the third part aforesaid with the appurtenances warranty as aforesaid against all men for ever And for this c. A Fine knowledged by the Husband and the VVife to one I. I. of 9 Messuages c. with warranty against all men A fine sur Cognisance de droit COmmand E. P. Gent. and E. his Wife that justly c. they hold to I. L. the Covenant between them made of 9 Messuages 9 Gardens 300 acres of Land 100 acres of Meadow 100 acres of Pasture 20 acres of wood 100 acres of Furrs and Heath c. And of the moyety of 20 Messuages 20 Gardens one Water-mill one Dove-house 60 acres of Land 200 acres of Meadow 300 acres of
York ss BEtween A. B. Plantiff and C. D. Deforcient of 2 Messuages 2. Cottages 100 acres of Land 40 acres of Meadow 20 acres of Pasture one acre of Wood 8 acres of Ling and Heath and one penny Rent with the appurtenances in A. A Note of the Fine whereof Plea of Covenant was summoned between them c. that is to say that the aforesaid John hath recognised the Tenements and Rent aforesaid with the appurtenances to be the right of him the said A. and hath granted for himself and his Heirs that the aforesaid Tenements and Rent with the appurtenances which the aforesaid G. and I. hold for term of the life of him the said I. of the Heirs of the aforesaid C. the day wherein this Concord was made which after the decease of him the said I. unto the aforesaid C. and his heirs ought to revert after the decease of him the said I. shall wholly remain to the aforesaid A. and his Heirs to hold of the chief Lords of that Fee by the Services which unto the aforesaid Tenenement and Rent do belong for ever And for this recognisance grant fine and Concord the said A. hath given to the aforesaid B. 100 Marks sterling Upon which note before the ingrossing of the Fine if it be of a remainder reversion rent or Seigniory writs of Qâ—iâ— Juris clamat per quae servicia or quem reddiâ—um reddit must be sued as the case requireth Plo. fo 43. b. 22. H. 6. 13. Quid Juris clamat Quid Juris clam is a Judicial writ issueth â—ut of the Record of the Fine remaining in the keeping of the Custos brevium of the Common place Plo. 43. b. before it be ingrossed for after the ingrossing it cannot be had Plo. fo 431. b. 22 H. 6. 13. F. Nat. Br. 147 a. which lyeth for the grantee of a reversion or remainder when the particular Tenant will not atturn to enforce him to atturn 22. H. 6. 13. Plo. 431. b And it is made in this form Summons O. c. To the Sheriff greeting we command you that you cause to come before our Justices c. â—ali die G. and A. his Wife to know what right they claim in one Messuage c. with the â—pâ—urtenances in B. which Tenements with the appurtenaâ—ces M. who was the Wife of G. in our Court c. hath granted to A. of B. by a Fine thereof there between them made And have you c. And the final cause of this writ of quid Juris clamat is that the grantee or cognisee of the reversion or remainder may by that Atturnment of the particular Tenant be enabled if cause be given to bring an Action of wast or to avow for rent reserved or services behind which he cannot do without Atturnment Plo fo 431. b. 22. H. 6. 13. Tenant in Dower Tenant in Dower shall atturn though the writ suppose her to be Tenant for life because she claimeth no greater estate than Frank Tenement Hil. 3. E. Fitz. Quid Juris clamat 3. yet it seemeth she thereby looseth her warranty and advantage to be newly endowed if she be evicted 10. E. 3. Fitz. Quid juris clamat c. 41. If a gift be for life the remainder for life the writ must mention the remainder Hil. 3. E. 3. 15. Fitz. Fines 9. It is meet therefore to learn who are compellable hereby to atrurn and who not and by whom What Persons may obtain Atturnment by Quid Juris clamat and what not Grantee of a reversion THe grantee of a reversion voyd of impediment 34. H. 6. b. Fitz. Na. Br. fo 168 b. F. N. B. 147 a. Infant But an Infant cannot because if a Lease for life without impeachment of wast be pleaded in Barr he cannot confess it 43. E. 3. 5. Contr. 23. E. Fiz quid Juris c. 42. Nothing in the reversion Feme Covert If the Cognisor have nothing in the reversion the Tenant shall not atturn Lib. Int. fol. 436. A Fâ—me Covert without her Husband albeit the Fine was levyed when she was sole 11. H 4. 7. Divers If there be divers Pleas and one die hanging the Plea yet shall the Tenant atturn to the rest 48. E. 3. 32. Divers Or if divers sue the writ and one be non-suit yet attournment shall be unto the other without Summons and severing of the other 46. E. 3. 32. Abbot Abbot avera atturnment dum ten pur vie sans mre licence et nest forfeiture 17. E. 3. 7. Disseasor If Cognisee discease the Tenant of part he shall have no atturnment 19. E. 2. Fitz. Quid Juris c. 46. What Persons be compellable to atturn by Quid Juris clamat and what not T. for life THe writ of Quid Juris clamat lyeth against the particular Tenant of the Land for life 34. H. 6. b. Nat. Br. fo 168. b. Fitz. Nat. fo 147. a 49. h. though he be but a Tenant for life of Land holden in Capite or a Feme Covert Feme Covert 45. E. 3. 11. And a Tenant for years shall atturn 3 H. T. for years 4. 3. T. In tail But Tenant in tail is not compellable because of the estate of inheritance which is in him 38. E. 3. 20. Nor Tenant in tail after T. in tail after possibilities c. possibility of issue extinct for the inheritance that was once in him 43. E. 3. 1. 46. E. 3. 13. et 72. T. for life of Lands in Capite A particular Tenant for Lands holden in Capite is not compellable to atturn without sight of Licence of alienation lest his Lands should be subject to a Fine for the alienation without licence 45. E. 3. 6. Executors If A. and B. have an estate for ten years as executors and B. have five years in reveruÌ„on in his own right he must atturn because he is possessed of the whole term and the attornment of one executor of a Term is good enough 32. E. 3. Fitz. Quid Juris 5. p. Stanh T. pur vie ove A. pur ans But if A. Lease to B. and C. for six years and after confirm the Estate of B. for life the note of the fine shall make mention of B. onely per Seton 32. E. 3. Fitz. Quid Juris c. 5. T. in Dower T. by the Courtesie If Tenant in Dower or by Courtesie grant their estate yet the Quid Jur. clam lyeth against them for none but they can be Tenant in Dower or by the Couttesie 18. E. 3 5. T. for years upon Condition If a Leasee for years with livery be upon Condition that if the Leasee pay 10 pound such a day or the Leasor die within the term c. He shall have Fee if before the day the Lessor alien by Fine this Tenant shall atturn salvis advantagijs And yet if he pay the ten pounds at the day or
such a Fine under the great Seal hath this Commodity That if any errors remain in the record of the same Fine they be not amendable after the exemplification thereof 23 Eliz. c. 3. but iâ— seemeth this extendeth only to Fines levyed before the same statute 23 Eliz. c. 3. These inrollments and exemplifications seem very necessary because that the privity and warrant of the said Court many errors hapening in the former records thereof may be amended and these inrolments will suffice if the former Record thereof or any part thereof be imbezelled or otherwise defaced 23 Eliz. c. 3. The exemplification of a Fine inrolled according to the Statute of 23 El. c. 3. OLiver Lord Protector c. To all to whom this present writing shall come greeting Know ye that among the Inrolments of Writs and other things depending for Fines according to the form of the Statute of the Term of Easter at Westminster in the year of our Lord God 1654. in the 7. Roll it is thus contained ss Essex ss Oliver Lord Protector of the Common-wealth of England Scotland and Ireland c. To the Sheriff of Essex greeting Command E. W. Esquire and I. his wife that justly and without delay they hold to I. W. and I. S. the Covenant between them made of two Messuages two Gardens two Orchards 20. Acres of Land 20. Acres of Meadow 40. Acres of Pasture and 100. Acres of Furs and Heath with the appurtenances in B. and W. And unless they shall do it and the aforesaid I. and I. shall secure you for prosecuting their plaint then summon by good summoners the aforesaid E. and I. that they be before our Justices at Westm in 8. dayes of Saint Michael to shew wherefore they did it not and have you there the summoners and this Writ Witness my self at Westminster the 13. day of September in the year c. Pledges of prosecuting John Doo Richard Roo summoners John Den Richard Fen John T. Esquire Sheriff ss I. W. giveth to the Lord Protector six Shillings and eight pence for a license of Concord with E. W. Esquire and I. his wife of a plea of Covenant of 2. Messuages 2. Gardens 2. Orchards 20. Acres of Land 20. Acres of Meadow 10. Acres of Pasture and 100. Acres of Furs and Heath with the appurtenans in B. and W. And he hath a Certiorari by the peace admitted before R. H. one of the Justices of the Lord Protector of the Bench Justice in the Countrey ss Oliver Lord Protector c. to his beloved and faithfull R. H. one of his Justices of the Bench greeting Whereas our Writ of Covenant dependeth before you and your Associates our Justices of the Bench between I. W. and I. S. E. W. Esquire and I. his wife of 2. Messuages 2. Gardens 2. Orchards 20. Acres of Land 20. Acres of Meadow in B. and W. in the County of Essex to Levy a Fine thereof between them before you and your Associates aforesaid in the Bench aforesaid according to the Law and Custome of our Common-wealth of England and the same E. and I. are of themselves so impotent that without very great danger of their bodies unto West at the day in the Writ aforesaid contained to the knowledgements which in this behalf are required to be made to travail they are not sufficient as we have received we tendring the state of the same E. and I. in this behalf have given you power to receive the recognizances which the aforesaid E. and I. before you shall make of the premises And therefore we command you that unto the aforesaid E. and I. personally going their cognizances aforesaid ye receive And when he have received them your aforesaid Associates thereof under your Seales distinctly and openly ye certifie that then that Fine between the parties of the premises before you and your Associates aforesaid in the Bench aforesaid may be levied according to the Law and custome aforesaid And have you there then this Writ witness my self at Westminster the 27. of September in the year c. The answer of the within named R. H. unto this Writ The execution of this Writ appeareth in a certain Schedule to this Writ annexed And the Concord is such that is to say that E. and I. in the Writ to this Schedule annexed have reknowledged the Tenements in the said Writ specified with the appurtenances to be the right of I. W. in the same Writ named as those which the same I. and I. S. in the said Writ named have of the gift of the aforesaid E. and I. and those they have remised and quit claimed from themselves and their heirs to the aforesaid I. and I. and the heirs of him the said I. W. for ever And furthermore the same E. and I. have granted for themselves and the heirs of him the said I. that they will warrant the tenements aforesaid with the apputtenances to the aforesaid I. and I. and the heirs of him the said I. W. against all men for ever And for this c. the same I. W. and I. S. have granted the Tenements aforesaid with the appurtenances to the aforesaid E. I. and the heirs of the body of him the said E. by the aforesaid I. lawfully begotten and for want of such issue the tenements aforesaid with the appurtenances shall wholly remain to the aforesaid I. and the heirs of the body of him the said I. lawfully begotten and for default of such issue the tenements aforesaid with the appurtenances shall wholy remain to the right heirs of him the said E. for ever To hold c. R. H. S. This is the finall concord made in the Court of the Lord Protector at Westminster in 8. dayes of Saint Michael in the year c. before I. D. R. W. I. W. and R. H. Justices and other of the Lord Protectors faithfull then there present between I. W. and I. S. plaintiffs and E. W. Esquire and I. his wife deforcients of 2. Messuages 2. Gardens 2. Orchards 20. Acres of Meadow 40. Acres of pasture and 100. Acres of Furs and Heath with the appurtenances in B. and W. whereof plea of Covenant was summoned between them in the same Court to wit that the aforesaid E. and I. have recognized the aforesaud tenementss with the appurtenances to be the right of him the said I. W. as those which the same I. and I. S. have by the gift of the aforesaid E. and I. And those they have remised and quite claimed from them the said E. and I. and their heirs to the aforesaid I. and I. and the heirs of him the said W. for ever And furthermore the same E. and I. have granted for themselves and the heirs of him the said I. that they will warrant to the aforesaid I. and I. and the heirs of him the said I. W. the aforesaid tenements with the appurtenances against all men for ever And for this recognizance remise quite claim warranty Fine and Concord the same I.
singular their appurtenances to the aforesaid E. B. his Heirs and Assignes to the sole and proper use and behoof of him the said E. B. his Heirs and Assignes for ever as by the aforesaid Indenture more fully appeareth and whereas also the same W. afterward by the name of W. C. of I. in the County of N. Esquire otherwise called W. C. of W. in the County of S. Esquire together with his aforesaid Brother C. C. of Lincolnes Inne in the County of M. Gent. by a certain Indenture between the aforesaid W. C. of the one part and the aforesaid E. B. of Lincolnes Inne in the County of M. Gent. of the other part made bearing date the 19. day of October in the year c. also bargained and sold to the aforesaid E. all the Lands Woods and Woodlands and other hereditaments under-written by whatsoever name or whatsoever names they are called reputed or known viz. all those Lands called S. otherwise called Q. otherwise called great Q. and the Brome otherwise S. and the Brome and all other Lands and hereditaments whatsoever containing by estimation 15. Acres whether it be there accounted more or less by whatsoever name or whasoever names the same he called reputed or known now or lately in the tenure or occupation of the same T. B. by the demise of one I. C. of I. aforesaid Esquire then lately dead which said parcels do lie and are in E. in the County of R. And all those Lands now or lately in the tenure or occupation of one P. W. of E. in the aforesaid County of R. lying and being in E. aforesaid by reason of a demise to the same P. made by the aforesaid I. C. containing by estimation five Acres whether it be accounted more or less and also all those Lands now or lately in the tenure or occupation of one I. I. by the demise of the aforesaid I. C. to the same I. I. made containing by estimation 48. Acres whether it be esteemed more or less lying and being in divers severall parcels in E. aforesaid whereof some parcels are called or known by the name of P. otherwise called B. some other parcels thereof are called or known by the name of R. one other parcell thereof is called or known by the name of S. Dame And also all those Woods and Woodlands below specified viz. E. W. containing by estimation two Acres whether more or less it be there esteemed the woodland lying at knowel gate in E. aforesaid containing by estimation one Acre and three rods whether it be more or less there esteemed all which are lying and being in E aforesaid to have and to hold all the aforesaid Lands Woods and Woodlands and all other the premises with all and singular their appurtenances to the aforesaid E. B. his Heirs and Assignes to the sole and proper use and behoof of him the said E. B. his Heirs and Assignes for ever And whereas also the same W. together with the aforesaid C. his Brother afterwards to wit in the Court of c. here at Westminster in eight dayes of Saint Michael in the year c. in part of fulfilling of the grants and covenant in the aforesaid Indenture specified recognized all the aforesaid Lands Woods and hereditaments with their appurtenances by the name or names of 54. Acres of Land 40. Acres of pasture and 6. Acres of Wood with the appurtenances in E. aforesaid to be the right of the aforesaid E. B. as those which the same E. B. then had of the gift of the aforesaid W. and the aforesaid C. his Brother and those then he remised and quite claimed from himself and his Heirs to the aforesaid E. and his Heirs for ever and the aforesaid W. by the same writing here in Court brought forth then approved ratified and confirmed to the same E. B. in his full and peaceable possession and seisin of the premises being all his right title estate and Interest of and in the premises all which Lands aforesaid pasture woods woodlands and all and singular other the premises with all and singular their appurtenances to the aforesaid E his Heirs and Assignes to the sole and proper use and behoof of him the said E. his Heirs and assignes for ever And hereupon the aforesaid W. C. by that writing did oblige himself and his Heirs to warrant to the same E. his Heirs and assignes for ever all the aforesaid lands woods and woodlands all other the premâ—ses with their appurtenances against all men for ever as by the aforesaid writing here in Court produced more fully it appeareth And the same E. saith that the aforesaid tenements in the Writ aforesaid specified are the same tenements mentioned in the aforesaid writing here in Court produced and no other nor divided and that one H. R. of the tenements aforesaid with the appurtenances in form aforesaid being seised prosecuted against him the said E. B. a certain Writ of the Lord Protector of entry upon disseisin in le quibus of the tenements aforesaid with the appurtenances whereby the same F. hanging that Writ hath often hitherto required the aforesa W. C. that he the tenements with the appurtenances to the same E. would warrant and the same W. the aforesaid tenements with the appurtenances to the same E. hitherto to warrant hath denyed and as yet doth deny whereupon he saith that he is the worse and hath damage to the value of 300 l and thereupon he produceth sute c. And the aforesaid W. C. by T. B. his Atturney commeth and desendeth the force and injury when c. and saith that he cannot deny the action aforesaid of E. aforesaid nor but that the aforesaid writing here in Court produced is the deed of him the said W. C. nor but that he by the same writing hath confirmed to the aforesaid E. the tenements aforesaid with the appurtenances nor but that he the aforesaid W. by that writing is held to warrant the tenements aforesaid with the appurtenances to the same E. in form as the same E. above against him hath declared Therefore it is considered that the aforesaid W. C. do warrant to the aforesaid E. the tenements aforesaid with the apputenances for place and time c. And nothing of mercy of him the said W. because he came the first day by summoners c. Hil. 13. Ro. c. let the like entry be made against C. C. mutatis mutandis F. W. Gent was summoned to answer W. R. of a Plea that he warrant to him eight Messuages of 6. Gardens 3. Orchards 4. Acres of Land 6. Acres of Meadow and 2. Acres of Pasture with the appurtenances in B. and B. which he holdeth and of him claimeth to hold and whereof he hath his Land c. And whereupon the same W. by W. C. his Atturney saith that the aforesaid E. was lately seised of the tenements aforesaid with the appurtenances in his demesne as of Fee and so thereof being seised the same F.
shall remain after to the right heirs of the said T. and F. for ever to hold c. And furthermore the same E. and R. have granted to the aforesaid T. and F. ten Messuages c. with the appurtenances in B. and C. aforesaid being the residue of the aforesaid Mannor Tenements and Rent aforesaid And those to them they have rendred in the same Court c. A Fine of homage rent and services Salop. ss COmmand E. T. Esquire that he hold to N. P. Covenant of one acre of land and fifteen shillngs rent with the appurtenances in G. and F. Andunlesse c. And the Concord is such to wit that the aforesaid E. T. hath recognised the aforesaid acres of land with the appurtenances to be the right of him the said N. as that which the said N. hath by the gift of the aforesaid E. And that he hath remised and quite claimed from himself and his heirs to the aforesaid N. and his heirs for ever And the aforesaid E. hath granted to the aforesaid N. the aforesaid rent together with homage and all service of the said J. H. and his heirs for so many tenements as the aforesaid E. first held in F. aforesaid to have perceive and enjoy the aforesaid rent together with the homage and all the service to the aforesaid N. and his heirs for ever And the aforesaid E. and his heirs will warrant to the aforesaid N. and his heirs the aforesaid acre of land and the rent aforesaid with the appurtenances together with the homage and all the service aforesaid soe as it is said against all men for ever And for this c A Fine of a Mannor and Knights fees and services by the Husband and Wife and others BBtween H. W. and J. B. plaintiffs and T. M. Knight and T. son of the same T. and E. wife of the same T. the Son and W. M. Deforcients of the Mannor of T. with the appurtenances whereof plea of Covenant was summoned between them in the same Court to wit that the aforesaid T. T. E. and W. have recognised the aforesaid Mannor with the appurtenances to be the right of him the said H. as that which the same H. and I. have by the gift of the aforesaid T. T. E. and W. together with seven Knights Fees in the same Mannor And have granted to the aforesaid H. and I. the aforesaid Mannor and Fees with the appurtenances together with the homages and all services of M. W. and I. N. and their heirs of so many Tenements as of the aforesaid T. T. E. and W. first they held in the same Mannor and those to them they have rendred in the said Court. To have and to hold to the same H. and I. and the heirs of the said H. of the chief Lords of that fee by the services which to the aforesaid Mannor and Fees pertain for ever And moreover the same T. T. E. and W. have granted for themselves and the heirs of him the said E. that they will warrant to the aforesaid H. and I. and the heirs of him the said H. the aforesaid Mannor and Fees with the appurtenances as aforesaid against all men for ever And for this Recognisance Grant Warranty Fine and Concord the said H. and I. have given to the aforesaid T. T. E. and W. twenty pounds sterling An old Fine in Frank almonie before Justices in Eyre in Anno 55. of King Henry the third THis is the final Concord made in the Court of the Soveraign Lord the King at Lincoln in 8 days of St. Michael In the year of the raign of Henry Son of King John the 55. before R. A. G. P. W. W. W. H. and I. O. Justices Itinerate and others of the Soveraign Lord the Kings faithfull Subjects then there present between J. D. plaintiff and the Prior of C. Deforcient of the Advowson of the Church of D. with the appurtenances whereof plea of Covenant was summoned between them in the same Court to wit that the aforesaid I. hath recognised the aforesaid Advowson with the appurtenances to be the right of him the said Prior and of his Church of S. Mary of C. as that which the said Prior and his Church have by the gift of W. Son of W. ancestor of the said I. whose heir he is To have and to hold to the said Prior and his successors and his Church aforesaid of the aforesaid I. and his heirs in pure and perpetual free almes free and quit from all secular service and execution for ever and the aforesaid I. and his heirs will warrant acquit and defend the same Prior and his successors and his Church the aforesaid advowson with the appurtenances c. And for this c. the same Prior hath remitted to the aforesaid I. all the benefits and prayers which hereafter shall be made in his Church aforesaid for ever A Concord of lands in the County Palatine of Lancaster Lancaster THis is the final Concord made in the Court of the Lord Protector at L. the 15 day of June in the year of our Lord 1654. before I. C. third Baron of the Exchequer of the Lord Protector and F. R. one of the Serjeants of the Lord Protector at Law Justices of the Lord Protector at L. and other faithfull men of the Lord Protector then there present between H. T. and R. H. plaintiffs and W. C. Gent. Deforcient of one Messuage c. with the appurtenances in T. whereof plea of Covenant was summoned between them in the same Court to wit that aforesaid W. hath recognised c. A Lease for years reserving a rent Ebor. ss COmmand F. T. and M. his Wife that justly c. they hold to I. H. and K. his Wife Covenant c. And the Concord is such to wit that the aforesaid E. and M. have granted the Tenements aforesaid with the appurtenances to have and to hold to the said I. and K. from the Feast c. which shall be in the year c. to be compleat if the aforesaid M. shall so long live yeelding therefore at the Feasts c. by equal portions to be paid during all the Term aforesaid c. And if it happen c. Quaere whether this be a good lease at this day against issue in tail A Lease for years rendring rent Ebor. ss COmmand T. P. Esq and W. Gent. that justly c. they hold to I. W. and E. M Covenant c. of one messuage c. with the appurtenances in H. and B. and of a free fishing in the water of B. and unlesse c. And the Concord is such to wit that the aforesaid T. and W. have recognised the tenement and free fishing aforesaid with the appurtenances to be the right of him the said I. as that which the said I. and E. have by the gift of the aforesaid T. and W. and that they have remised and quite claimed from themselves and their heirs to the aforesaid I.
with the appurtenances as it is said against all men for ever And for this c. A Grant of Lands in tail to be holden of the Grantor by suit of Court and six shillings rent Essex ss COmmand I. G. Gent. that he hold to P. I. Covenant of 16 acres of Moore with the appurtenances in K. And unlesse c. And the Concord is such to wit that the aforesaid I. hath granted to the aforesaid P. the Tenements aforesaid with the ppurtenances and those to him he hath rendred in the said Court. To have and to hold the Tenements aforesaid with the appurtenances to the aforesaid P. and the Heirs of his body lawfully begotten To hold of the said I. and his Heirs by Knight service and suit of his Court at K. twice a year and yielding yearly to the aforesaid I. and his Heirs six shillings c. at the Feasts c. by equall portions yearly for ever to be paid And the aforesaid I. will warrant the Tenements aforesaid with the appurtenances to the aforesaid P. and the Heirs of his body lawfully begotten as it is said against the aforesaid I. and his Heirs for ever And for this c. A Fine of Knights Service Castle-gard and Murage upon a writ of Customs and Services THis is the final Concord made in the Court of our Soveraign Lord the King at Westminster from the day of St. Michael in 15 days in the year of the raign of King H. Son of King J. the one and fiftieth before G. D. P. and R. of M. Justices and other of the Soveraign Lords faithfull subjects then there present between W. of P. Plantiff and H. B. Deforcient of the Customs and Services which the said W. did require of the aforesaid H. for his Freehold which the aforesaid W. holdeth in W. and W. to wit of one Knights fee and a half with the appurtenances And whereupon the said W. demanded of the aforesaid H. that he should do to him for Castle-gard of B. when it shall happen and for the Murage of the said Castle when it shall be necessary as much as doth belong to the aforesaid Tenement which services the said H. to him hath not acknowledged And whereupon Plea between them in the said Court was summoned to wit that the aforesaid VV. hath granted for himself and his Heirs that the aforesaid H. and his Heirs and their Tenants of the honor of B. be quit from the aforesaid Services for ever saving to the said W. and his Heirs all other Services unto the aforesaid Tenement belonging And for this grant fine and Concord the said H. hath given by the assent and will of the said Soveraign Lord the King that granteth it c. This old Fine is in Dyer fo 179. pla 46. A Fine of a Mannor in Possession and other Lands in reversion Salop. ss COmmand VV. B that he hold to F. R. Covenant of the Mannor of R. with the appurtenances c. And the Concord is such to wit that the aforesaid W. hath recognised the Mannor and Tenements aforesaid with the appurtenances to be the right of him the said F. of which the said F. hath the aforesaid Mannor with the appurtenances two Messuages with the appurtenances in R. aforesaid parcel of the Tenements aforesaid by the gift of the aforesaid VV. and those he hath remised c. And hath granted for himself and his Heirs that two Messuages with the appurtenances in R. aforesaid residue of the Tenements aforesaid which A. B. widdow holdeth for Term of her life of the inheritance c. after the decease of the said A. shall wholly remain to the aforesaid F. R. and his Heirs To hold together with the aforesaid Mannor and parcell of the Tenements which to him by this Fine shall remain of the chief Lords c. And the aforesaid VV. B. and his Heirs will warrant to the aforesaid F. his Heirs the aforesaid Mannors and Tenements with the appurtenances as it is said against all men for ever And for this c. A Fine of Lands part in possession and part in Reversion with a Render again to the Cognisors and their Heirs Midd. ss COmmand T. M. Esq and M. his Wife that justly c. they hold c. to A. S. Covenant of the mannor of W. near Y. VV. in C. and G. with the appurtenances and of 350 Messuages c. also of the advowson of the Church of W. in G. in the County aforesaid And of the Mannor of D. with the appurtenances and of 10 Messuages c. and seven shillings eight pence half penny rent with the apputtenances in D. in the County of G. And of the mannor of S. with the appurtenances of 6 Messuages c. with the appurtenances in S. C. and V. in the County of D. c. And the Concord is such to wit that the aforesaid T. and M. have recognised the Mannors Tenements and rent with the appurtenances and the advowson aforeâ—â—id to be the right of him the said A. of which the said A. hath the aforesaid Mannors of W near Y. W. in D. c. and the advowson aforesaid in the said County of G. and the said Mannors of South C. with the appurtenances and the aforesaid Tenements with the appurtenances in South C. and V. aforesaid in the said County of D. parcel of the Mannors Tenements and rent aforesaid by the gift of the aforesaid T. and M. And those they have remised c. and have granted for themselves and the Heirs of the said M. that the aforesaid Mannor of S. aforesaid in the said County of S. And also the aforesaid Mannor of D. with the appurtenances in the aforesaid County of S. residue of the Mannors Tenements and rent aforesaid which F. S. Esq and E. his wife do hold for term of the life of her the said E. of the inheritance of â—he aforesaid M. the day that this Concord was made and which after the decease of him the said E. unto the aforesaid T. and M. and the Heirs of the said M. should revert after the decease of the said E. wholly shall remain to the aforesaid A. S. and his Heirs To be held together with the aforesaid Mannors Tenements and rent which to him by this fine shall remain of the chief Lords of the Fee by the services which unto the aforesaid Mannor Tenements rent and advowson do belong for ever the aforesaid T. and M. and the Heirs of the said M. will warrant to the aforesaid A. and his Heirs the asaid Mannors Tenements and rent with the appurtenances and the advowson aforesaid as it is said against all men for ever And for this c. the said A. hath granted to the aforesaid T. and M. the aforesaid Mannors Tenements and rent with the appurtenances and the advowson aforesaid and those to them he hath rendred in the said Court. To have and to hold to the said T. and M. of the chief
c. with the appurtenances as aforesaid against the aforesaid A. and M. during the life of her the said M. And for this c. A Fine knowledged by J. C. and T. his Wife of 2 Messuages 1 Barn c. to one H. P. with warranty and the said H. P in consideration of the said Fine granteth and rendreth again by the same Fine the premisses to the Conusors for one day and afterwards to I. P. widdow for her life and after her death the premisses wholly to remain to H. P. and his heirs for ever COmmand I. C. and T. his wife that justly c. they hold to H. the Covenant c. of two Messuages one Barn c. And unlesse c. warranty And the Concord is such to wit that the aforesaid I. and T. have recognised the Tenements aforesaid with the appurtenances to be the right of him the said H. as those which the same H. hath by the gift of the aforesaid I. and T. And those they have remised and quite claimed from themselves and their heirs to the aforesaid H. and his heirs for ever And furthermore the aforesaid I. and T. have granted for themselves and the heirs of him the said I. that they will warrant the tenements aforesaid with the appurtenances to the aforesaid H. and his heirs against all men for ever And for this recognisance c. the aforesaid H. hath granted the tenements aforesaid with the appurtenances The Render to the aforesaid I. and T. And those to them he hath rendred in the same Court. To have and to hold to the same I. and T. for term of one day so that after the said Term ended the tenements aforesaid with the appurtenances shall wholly remain to I. P. widdow for term of the life of the same I. And after the death of the aforesaid I. the Messuages and Barn aforesaid c. shall wholly remain to H. P. and his Heirs for ever To hold of the chief Lords of that Fee c. and 5 acres of land and one acre of meadow with the appurtenances being residue of the tenements aforesaid shall wholly remain to A. B. and his heirs for ever To hold c. The taking of the knowledge of the Fine TAken and recognised before James D. Knight chief Justice of the Common bench in the year c. Notes to be observed in Fines 1. Note that there be some more things passe in the Praecipe which are not named in the Concord 2. Note that a Cause of re-entry may not be in a Fine 3. Note that if a man purchase divers parcels of Land of divers men he shall have all the parcels passe in one common fine but he must have severall warranties of every one of the parties for their several parcels 4. Note that Catlin Chief Justice of the Upper Bench said that South nosme de bois haut bois et Subbois passera en un fine 5. Note that by Dyer a render cannot be made but only to him that is named in the Fine but a remainder may be limited to one by a Fine though he be not named in the Praecipe A Fine knowledged by the Husband and wife unto two of 30 Messuages c. the Cognisees render the same again to the said Conusors for term of their two lives with divers remainders over after their deaths in general tail to the Children of the said Conusors and for default of issue of the said Conusors to the right heirs of the wife of the Conusor for ever THis is the final Concord made in the Court of c. such a return tali Anno before R. B. A. F. T. E. and W. S. Justices And afterwards in 8 dayes of the Holy Trinity in the year c. there granted and recorded before the same Justices and other of the faithfull of the Commonwealth of England then there present Between W. H. and I. R. Plaintiffs and I. C. and T. his wife Deforcients of 30 Messuages 200 acres of Land 300 acres of Pasture 10 acres of Wood 200 acres of ling and heath and 30 s. rent with the appurtenances in P. F. c. whereof plea of Covenant was summoned between them in the same Court to wit that the aforesaid I. C. and T. have recognized the aforesaid Tenements with the appurtenances to be the right of him the said I. R. as those which the same I. and W. have by the gift of the aforesaid I. C. and T. And those they have remised and quite claimed from them the said I. C. and T. and the heires of him the said T. to the aforesaid W. and I. R. for ever And furthermore the said I. C. and T. General warranty have granted for themselves and the heirs of him the said T. that they will warrant to the aforesaid W. and I. R. and the heirs of him said I R. the aforesaid Tenements with the appurtenances against all men for ever And for this recognisance remise quite claim warranty fine and Concord the same W. and I. R. have granted to the aforesaid I. C. and T. the aforesaid Tenements with the appurtenances And those to them they have rendered The render in the same Court. To have and to hold to the same I. C. T. of the chief Lords of that Fee by the Services which unto the aforesaid Tenements do belong all the life-time of the said I. C. and T. and the longer liver of either of them And after the decease of the said I. C. T. the aforesaid tenements with the appurtenances shall wholly remain to I. C. sonne of the aforesaid I. C. and T. and the heirs of his body lawfully begotten To hold of the chief Lords of that fee by the services which unto the aforesaid Tenements do belong for ever And if it happen that the said J. C. the Son shall die without heir of his body lawfully begotten then after the decease of him the said J. the aforesaid Tenements with the appurtenances shall wholly remain to R. C. one other Son of the aforesaid J. C. the Father and T. and to the heirs of his body lawfully begotten To hold of the chief Lords of the Fee by the services which unto the aforesaid Tenements do belong for ever And if it happen the said R. to die without heir of his body lawfully begotten then after the decease of him the said R. the aforesaid tenements with the appurtenances wholly to remain to the heirs of the bodies of the aforesaid J. C. the Father and T. lawfully begotten To hold of the chief Lords of that Fee by the services which unto the aforesaid Tenements do belong for ever And if no heir of the bodies of the aforesaid J. C. the Father and T. shall be lawfully begotten then the aforesaid Tenements with the appurtenances shall wholly remain to the right heirs of the aforesaid T. To hold of the chief Lords of that Fee by the services which unto the aforesaid
in mercy c. But atturnments entred upon record before the party mentioned to atturn do first appear in Court in person or by atturney warranted by the hand of one of the Justices of the one Bench or of the other or one Justice of Assize upon a Writ of quid juris clamat quem redditum reddit or per quae servitia as the case requireth is void without Writ of error 23 Eliz. c. 3. upon which Judgement the Cognisee may have execution by habere facias seisinam in this form Oliver c. To the Sheriff of York greeting Know you that whereas C. D. in our Court before our Justices at Westminster by order of the same Court hath recovered his seisin against A. B. of one Messuage with the Appurtenances in L. which M. N. in the same Court granted to the aforesaid C. D. by a Fine thereof between them made therefore Wee command you that to the same C. D. plenary seisin of the Messuage aforesaid with the appurtenances without delay you cause to have and what thereof you shall do you certifie to our said Justices at Westminster in eight dayes of Saint Martin c. And have you there this Writ T. c. A Distringas ad Atturnandum And upon the Judgment to Atturn doth issue a Distringas ad Atturnandum in this form Oliver c. To the Sheriff greeting Wee command you that you distrain A. S. by all his Lands c. So that he be before our Justices of the Bench to atturn to C. D. in a plea of Quid juris clamat in one Messuage with the appurtenances in L. which M. N. in our Court c. hath granted to the aforesaid C. D. by fine thereof between them made and whereupon it is ordered in the same Court that the aforesaid A. S. himself to the aforesaid C. D. thereof shall atturn And have you there this Writ T. c. Quem redditum reddit The Writ of quem redditum reddit is a Writ judiciall and issueth out of the note of the fine against the Tenant of the Land to compell him to atturn to the Cognisee upon the grant of a Rent charge or Rent seck issuing out of the Land N. B. F. 170. b. the form whereof followeth Oliver c. to the Sheriff of E. greeting We command you c. that you cause to come here from the day of St. Michael in fifteen dayes E. F. to acknowledge what Rent he was accustomed to yield issuing out of one messuage with the appurtenances in E. which A. B. in our court before our Justices of the Bench hath granted to C. D. by a Fine there of between them made And have you there this Writ T. c. If the Defendant appear not upon this Writ a Distringas issueth forth in this form OLiver c. To the Sheriff of York greeting Wee command you that you distrain E. F. by all his Lands c. And that you answer to us of the profits of the same and that you have his Body here c. in eight daies of St. Michael next to come To acknowledge what Rent c. issuing out of one Messuage with the appurtenances in L. which A. B. in our Court c. hath granted to C. D. by a Fine thereof between them made and to hear his Judgment for many defaults And have you c. At which day if the Tenant appear the entry may be in this form E. F. In mercy for many defaults c. The Sheriff of E. was commanded that he should distrain the aforesaid E. F. c. as in other Writs of Distringas above And now here at this day came aswell the aforesaid C D. by W. W. his Atturney as the aforesaid E. F. in his proper person And the aforesaid C. D. prayeth that the aforesaid E. F. may atturn himself to him of the Rent aforesaid c. And the aforesaid E. F. prayeth hearing of the Writ a-aforesaid and to him it is read he prayeth also hearing of the note of the Fine whereupon the same Writ issued and to him it is read in these words Between C. D. Plaintiff c. reciting the note c. Atturnment entred In which case if the Tenant atturn the entrie shall be as in a quid Juris clamat and so shall the Judgment and Execution be also mutatis mutandis but the atturnment must be in Court 9 H. 6. 21. 8. H. 6. 15. Divers Tenants If this Writ be against divers Defendants and some appear and some make default Those which appear shall not atturn without the rest untill they appear and after make default 8. H. 6. 15. Default If the Tenant once appear and after make default a Distringas ad atturnandum shall be awarded 9. H. 6. 21. 8. H. 6 15 A Cognisee of a Rent charge or Rents for years shall not have Atturnment quaere Dyer fo 401. Pl. 37. 38. Atturney The Tenant cannot plead by an Atturney but ex consensu quaerentis 1. H 7 27. In a Quem redditum reddit the Tenant appearing is to demand what the Plaintiff hath to shew for the Rent and then he must shew the commencement thereof and his title thereunto which the Plaintiff may answer 31. H. 6. 8. 35. H. 6. Disclaimer In quem redditum reddit if the Tenant will disclaim he may plead that he was not Tenant of the Land the day of the note levyed for this Writ lyeth against none but him which is then Tenant 8 H. 6. 15 Per quae servitia PEr quae servitia is a judiciall Writ issuing from the Note of a Fine and lyeth for the Cognisee of a Mannor seigniory chief Rent or other services to compell him that is Tenant of the land at the time of the note of the fine levyed to atturn unto him 43. E. 3. 8. H. 6. 17. Pl. 46. B. which is made thus The Writ OLiver c. To the Sheriff of K greeting Wee command you that you cause to come before our Justices at Westminster tali die S F. R L. c. at L. c. to acknowledge by what services they hold their Tenements with the appurtenances in B. which services E. L. in our Court before our Justices at Westminster hath granted to W. B. by a Fine there thereupon between them made And have you there this Writ Witnesse c. If the Lord grant the services of his Tenant by Fine or otherwise the Lord before Atturnment shall have such things as lye in prender as the Ward of the body of the heir and of the Land escheats c. but not such things as lye in render as Rents and relief Herriots and other services for he cannot avow for them before the atturnment If a man grant the services of his Tenant for life This Writ lyeth Br. per quae servitia 13. Vpon a grannt for life If services be granted to I. S. for life the reversion to N.
as of Free-hold nor was at the day of the obtaining of the aforesaid Writ of the said Scire facias or ever afterward And this he is ready to verifie whereupon as to that Rent with the appurtenances he prayeth Judgement of the Writ c. And the aforesaid P. Son of P. as to the said Rent of 100. shillings saith that the day of the obtaining of his Writ of Scire facias to wit the day c. year c. the aforesaid T. R. was tenant as of Free-hold of twenty Acres of Land with the appurtenances in the aforesaid Town of H. whence that Rent with the appurtenances encreaseth And saith that the same T. then was deforcient of the same Rent with the appurtenances as of Free-hold as by the same writ is supposed And prayeth at his perill execution of the same Rent with the appurtenances against him to be adjudged c. therefore c. as to that Rent with the appurtenances it is considered that the aforesaid P. son of P. have thereof execution at his perill against the aforesaid T. R. by virtue of the Fine aforesaid c. And as to the aforesaid eight Acres of wood with the appurtenaeces whereof c. the same P. son of P. saith that at the time of the levying of the Fine aforesaid The aforesaid T. and G. who were parties to that Fine were seised of the same wood with the appurtenances whereof c. in their demeasne as of Fee c. as by the same it is supposed And this he prayeth that it may be enquired by the Countrey and the aforesaid T. R likewise therefore as to this issue 12. c. Know you that it is considered in our Court c. that P. B. son and Heir of P. B. have execution against T. R. of 100. shillings of rent with the appurtenances in H. by virtue of a Fine thereof levyed in the Court of the Soveraign C. late King c. at W. in eight c. in the year c. before W. B. and his Associates then Justices of the same c. of the Bench between R. c. plaintiff and T. P. and B. his wife deforcients of the rent aforesaid with the appurtenances and of other Lands and Tenements in the same Fine contained by default c. And therefore we command you that to the same P. of the rent aforesaid with the appurtenances without delay plenary execution and seisin you cause to have T. c. Know you that it is considered in the Court c. that R. son and heir of R. have seisin and execution against R. D. of the Manor of A. with the appurtenances in your County by the default of the aforesaid R. by virtue of a note of a certain Fine lately levyed in the Court of the aforesaid C. late King c. at Westminster tali die Anno c. before R. B. and his Associates Justices of the aforesaid late King of the Bench and afterward in eight c. in the Habere facias seisinam sur recovery upon default in a Scire fac year c. there granted and recorded before the same Justices and others faithfull of the same late King then there present between R. of A. c. plain tiff and I. of S. and E. his wife deforcients of the Manors of O. and R. with the appurtenances in the County of N. and of the aforesaid Manor of A. in your County And therefore we command you that to the same R. son of R. of the aforesaid Manor of A. with the appurtenances without delay plenary sesin and execution you cause to have T. c. Afterward die loco c. came the within-named Recite of â— Feme Covert upon her busbands default R. W. in his proper person and the within named W. N. being solemnly exacted came not but I. the wife of the same W. within named in her proper person came and saith that the Manors within specified are the right of het the aforesaid I. and that she is ready to shew that the aforesaid R. W. execution of those Manors by virtue of the fine within written ought not to have whereupon she cometh before Judgement yeelded being ready thereof to answer to the aforesaid R. and to defend her right and prayeth that she by the default of the aforesaid W. her husband may not lose thereof her right but that she may be admitted thereof to the defending of the right of her the said I. c. Certain causes of the nature and form of a Scire Facias upon a Fine Surplusage ANd a Scire Facias to execute a Fine must agree with the Fine and then it is not materiall if one thing be twice demanded therby as a Manor and a hundred parcell of the same Manor 27 H. 8. 2. Vpon the note A Scire facis may be sued upon the note of the Fine before it be ingrossed by the Chirographer 22 H. 6. 13. A fine before memory Of Land in in lieu of the services But of a Fine levyed before time of memory a man shall not have execution by Scire facias 1 E. 4. 6. Contr. 16 H. 7. 9. Where a Fine executory is levyed of a Seigniory if the Land escheate or the Tenant be fore-judged c. the Cognisee shall have a Scire facias of the Land in lieu of the services 48 E. 3. 11. A Mittimus maketh no mention whether the Fine be ingrossed or no but whereas a certain Fine was levied c. 22 H. 6. 13. If a Fine be levyed to A. in tail the remainder to B. in tail the remainder to C. in Fee And the Record is sent into the Chancery and the first tenant in tail dieth without issue the Record commeth back into the Bench by Mittimus at the suit of him in the first remainder and thereupon he had a Scire facias to execute the Fine and died without issue before execution had he in the remainder in Fee shall not hereupon have a Scire facias without a new commandement because the Record was once out of the Court and come again at the suit of him in the first remainder unto whom he in the remainder in Fee is an estranger yet the issue of him which removed the Record in this case might have a Scire facias without any new commandement because he is privy 14 H. 7. 16. 9 E. 4. 15. 11 E. 4. 13. If two sue a Scire facias to execute a Fine and the one dieth the survivor shall have a Scire facias without any new commandement 1 E. 4. 13. But if divers persons as Heirs unto A. B. pray a Scire facias it is not grantable untill they have sued severall Writs to the Justices of the Bench commanding them to make execution 11 E. 4. 13. T 21 E. 4. Coment Cozen and Heir In a Scire facias to execute a Fine as Cozen and Heir to him in the remainder or reversion
the appurtenances before I. M. and I. c. Justices of the Lord Protector assigned to take the Assizes in the County aforesaid whereby the same H. that Assizes depending often did require the aforesaid I. that he the aforesaid Messuage c. with the appurtenances to the same H. would warrant and the same I. that Messuage c. to the same H. hitherto to warrant hath denyed and yet doth deny whereupon he saith c. and thereupon produceth his sute c. Confession And the aforesaid I. T. in his proper person commeth and defendeth the aforesaid wrong c. and saith that he cannot deny but that the Charter aforesaid is the deed of him the said I. nor but that he gave by that Charter to the aforesaid H. the tenements aforesaid with the appurtenances nor but that he was held to warrant those tenements to the same H. in form as the same H. above against him hath declared Therfore Judgement it is considered that the aforesaid I. should warrant to the aforesaid H. the Messuage aforesaid and Lands with the appurtenances for place and time c. therefore the same I. is in mercy c. E. W. Gentleman was summoned to answer I. B. Gent. and E. B. his Son of a Plea that he warrant to them six Messuages three Gardens c. three Orchards with the appurtenances in the City of B. which they hold of him and of him claim to hold and whereof they have his Charter c. And whereupon the same I. and E. by H. C. their Atturney say that whereas the aforesaid F. was lately seised of the tenements aforesaid with the appurtenances in his demeasne as of Fee And so thereof being seised a certain fine he levied in the Court of the Lord Protector now here to wit at Westminster in eight dayes of Saint Michael in the year c. before I. D. H. B. A. B. and R. W. Justices c. And afterwards from the day of Easter in fifteen dayes in the year c. there granted and recorded before the same Justices and other of the said Lord Protectors faithfull then there present between the aforesaid I. and E. plaintiffs and the aforesaid F. deforcient of the tenements aforesaid with the appurtenances whereof Plea of Covenant was summoned between them in the same Court to wit that the aforesaid F. did recognize the tenements aforesaid with the appurtenances to be the right of him the said E. as those which the same E. and I. then had of the gift of the aforesaid F. and those he did remise and quite claim from himself and his Heirs to the aforesaid I. and E. and the Heirs of him the said E. for ever And furthermore the same F. granted for himself and his Heirs that he would warrant to the aforesaid I. and E. and the Heirs of him the said E. the aforesaid tenements with the appurtenances against all men for ever which said Fine in form aforesaid levyed was had and levyed to the use and behoof of the same I. and E. and the Heirs of the same E. for ever under pretext whereof the same I. and E. were seised of the same Tenements with the appurtenances scarsly the same E. in his demesne as of Fee and the aforesaid I. in his demesne as of freehold And so thereof being seised one H. O. before the Mayor and Sheriff of the Town aforesaid on Wednesday to wit the 28. day of April in the year c. at Guild-hall of the Citty aforesaid arraigned a certain assise of fresh force according to the custome of that City in the nature of an Assise of novell disseisin at the Common Law against the same I. B. and E. of the Tenements aforesaid with the appurtenances whereby the same I. and E. hanging that Assise often required the aforesaid F. that he the Tenements aforesaid with the appurtenances to the same I. B. and E. and the Heirs of the same E. for ever would warrant And the same F. those Tenements with the appurtenances to the same I. and E. hitherto in form aforesaid to warrant hath denyed whereupon they say that they are the worse and have damage to the value of two hundred pounds and thereupon they produce their sute c. And the aforesaid F. in his proper person commeth and defendeth the force and injury when c. and saith that he cannot deny the action aforesaid of I. and E. aforesaid nor but that the Fine aforesaid in form aforesaid was levyed nor but that he by that fine was held to warrant the Tenements aforesaid with the appurtenances to the aforesaid I. and E. and the Heirs of her the said E. for ever in form as the same I. and E. above against him have declared Therefore it is considered that the aforesaid F. do warrant to the aforesaid I. and E. and the Heirs of her the said E. for ever the Tenements aforesaid with the appurtenances for place and time c. And nothing of mercy to the aforesaid F. because he came the first day by his c. W. C. Esquire was summoned to answer E. B. Gent of a Plea that he warrant to him 54. Acres of Land 40. Acres of pasture and 6. Acres of wood with the appurtenances in E. which he holdeth and of him claimeth to hold and whereof he hath his Charter c. And whereupon the same F. in his proper person saith that whereas he was seised of the aforesaid Tenements with the appurtenances in his demesne as of Fee and so thereof being seised the aforesaid W. by the name of W. C. of I. in the County of N. otherwise called W. C. of W. in the County of Suffolk Esquire the tenth day of I in the year c. by his certain writing which the same E. with the Seal of the aforesaid W. Signed here in Court bringeth forth the date whereof is the same day and year reciting by the same writing that whereas the same W. C. by the name of W. C of I. in the County of N. otherwise called W. C. of W. in the County of S. Esquire together with his Brother C. C. of Lincolnes Inne in the County of Middlesex Gent. by a certain Indenture between the aforesaid W. and C. of the one part and E. B. of Lincolnes Inne aforesaid Gent. of the other party bearing date the tenth day of F. in the year c. bargained and sold to the aforesaid E. all his estate and interest of and in those parcels of Land containing by estimation seven Acres whether it be more or lesse there accounted lying and being in the Parish of E. in the County of R. now or late in the tenure or occupation of one W. S. or his assignes of which said parcels one parcell called little S. otherwise called Q and containing by estimation six Acres whether it be esteemed more or less to have and to hold all the aforesaid Lands and all other the premises with all and
as at any time had been in the first or second vouchee or any of them or either of their ancestors whose Heirs he or they are of such estate and as well of every reversion thereon dependant as also of all Leases Estates Charges and Incumbrances derived out of any such reversion or remainder Of What things Writs of Entry may be brought and by what means PRecipe quod reddat lyeth of one Acre of Land covered with water or of an Acre of Land 12 H. 7. f. 4. of a water pit 10 Ed. 3. and 14. E. 3. 482. Fitz. Nat. br fô 191. H. and of a passage beyond the water Fitz. Na. br fo 191. I. of a Bailywick 34 E. 3. 423. of an office 27 H. 8. f. 12. of the Advowson of a Church or of the fourth part of Tythes 34 E. 3. of a Portion of Tythes Dyer fo 84. pl. 83. of a certain parcell of Land Dyer fo 84. pl. 83. of the wardship of Land and of an Heir or of the wardship of Land Register 161. 22 E. 3. fo 19. Precipe quod reddat lyeth of all manner of Ecclesiasticall or spirituall profits as of a Rectory Vicarage Portions Pensions Tithes c. by the Statute of 32 H. 8. cap. 7. of all and all manner of Tythes greater mixt and lesser within the Town Hamlet of B. in the County of A. by whatsoever mean growing hapning and yearly renewing c. Thel li. 8. ca. 9. 8. 2. of the fourth part of disines and offerings of the Church of S. P. c. 16 E. 3. In old time de hida terrae per Glanvile de carucatu terrae 4 E. 3. 161. de bovat terrae 6 E. 3. 291. of 6. foot of Land in length and four foot in breadth 14. Ass 13. A Precipe quod reddat lyeth of a Toft and of the scite of a Mill 14 E. 3 of the Hundred of C. and of the Bailywick of B. 34 E. 1. 3 E. 3. of pasture for 6. oxen 3 E. 3. fo 23. 4 E. 2. of a Rod of Land 3 E. 5. of an Advowson 34 E. 1. of a certain portion of Land 11 H. 4. fo 40. 5 H. 7. fo 9. of the moiety of one Rod of Land 41 E. 3. of a Shop Registr fo 2. a. of 4. Acres of Heath 11 Ass 13 of turbary by the name of More 8 E. 3. fo 387. and it lyeth in a Town and not in a Hamlet 8 E. 3. fo 55. 7 E. 3. 3. 6. Of what things a Writ of Entry lyeth not A Praecipe quod reddat lyeth not of a ditch nor of a Pool nor of a Fish-pond 8 E. 3. 381. nor of the Advowson of the Tythes of one wayn-wayn-land Registr fo 29. nor of Common of pasture 27 H. 8. fo 12. of estovers 2 E. 3. of Homage and Fealty nor of services to be done 6 E. 2. A Praecipe quod reddat lyeth not de Boveat Marisci 13 E. 3. fo 3. of a ridge of Land E. 1. for the incertainty because a felon or a ridge which is a Land sometime containeth an Acre sometime half an Acre sometime more and sometimes less It lyeth not of a Garden Cottage or Croft 14 Ass 13. 8 H. 6. 3. 22 E. 4. 13. of a Rod of Land 41. 43. 13 E. 3. of a Quarrey of a Mine of a Market 13 E. 3. for they lye not in demesne but in gain nor of an upper Chamber 3 H. 6. fo 1. A Writ of Entry ought not to contain one self thing twice as a Messuage and a house parcell of the same Messuage 3 E. 4. fo 28. 46 E. 3. 26. Nor to name a Town and a Hamlet within the same Town 22 E. 3. fo 14. 41 E. 3. fo 22. In every warrant of Atturney it is good to put two Atturneys at the least for fear of death In a County Palatine as Lancaster Duresme Chester c. may be put in a warrant one Atturney and one of the Justices Clerks If the Writ of Entry be returnable Crastino Martini the Writ of Summons ad warr thereupon must bear teste from that return of Crastino Martini and be returnable 9. returns after the return of the Writ of entre inclusive that is accounting Crastino Mar. for one of the 9. returns tres Paschae which is the 9. return after Crasti Martini for another And the Teste of the Writ of seisin must be the day of that ninth return and be returnable 15. dayes after Then the Writ of seisin may be retutned that seisin was delivered by virtue thereof to the demandant by the Sheriff of the County where the Lands lye upon any day not being Sunday between the Teste and return of the said Writ of seisin Then the Writs of Entre Summons and Seisin must be returned and field with the Custos brevium and the Judgement entred by the Prothonatory and the warrants of Atturney by the Clerk of the warrants If a single Recovery and a Fine be against the tenant the Writ of Entry must bear date and teste before the Writ of Covenant and be returned before If a Writ of Covenant be brought against the tenant and a Writ of Entre against the demandant then the Writ of Covenant must bear date and be returned before the Writ of Entre and this is called a double voucher A Certiorari to the Executor of the Justice before whom the warrrants were acknowledged OLiver c. to his beloved I. R. executor of the testament of Fr. R. lately one of our Justices of the Bench greeting We being willing for certain causes to be certified as well upon a certain warrant of Atturney by which H. S. did put in his stead W. B. and R. C. joyntly and severally against R. P. otherwise W. and R. H. of a Plea of Land in the County of E. as upon one other warrant of Atturney whereby H. L. and I. L. whom the aforesaid H. S. called to warranty did put in their places A. B. and F. R. joyntly and severally against the aforesaid R. and R. H. of a plea of Land in the said County of E. by the aforesaid F. R. lately taken and in your Custody being by reason of the execution of the testament aforesaid as it is said We command you that the warrants aforesaid to our Justices of the Bench at Westminster under your Seal distinctly and openly without delay you send and this Writ that the same Justices looking into the warrants aforesaid further in our Writ of Entre hanging before our aforesaid Justices at Westminster between the aforesaid R. and R. H. and the aforesaid H. and S. of one Messuage c. with the appurtenances in T. and D. in the County aforesaid and process thereof may cause to be done that which of right and according to the Custome of our Commonwealth of England ought to be done witness my self at Westminster the day of 〈…〉 in the year c. It is returned thus THe answer of the within named
his wife whom Iohan W. and I. S. do call to warranty do put in their place R. C. against Io. S. and Tho. P. of a Plea of Land all and singular which things at the request of W. W. Gent. by the tenor of these presents we have drawn to be exemplified In testimony of which thing our Seal unto the Writs in the Bench appointed to be Sealed by these presents we have caused to be put T. F. W. P. and F. R Justices of the Bench aforesaid at Westm the 16. day of June in the year of our Lord 1654. M. The Judges which examined their inrolment M. W. P. R. A pardon of alienation upon Lands by a Writ of Entry recovered OLiver c. to all to whom c. greeting Whereas our welbeloved and faithfull T. Duke of Norfolk Earl Marshall of England and Knight of the Noble Order of the Garter and our beloved and faithfull W. C. Knight our chief Secretary K. Knight lately to to wit in the term c. in the year c. have recovered against our welbeloved and faithfull Counsellor N. B. Knight Lord Keeper of our great Seal of England of his assent and at his request by our Writ of Entry upon disseism in le post according to the course form and use of Common Recoveries the Manor of Redgrave c in our County of Suffolk to divers severall uses intents conditions and purposes specified and declared in certain Indentures made between him the said N. on the one part and the aforesaid Duke W. R c. of the other part bearing date the second day of October in the year c. as by the same Indentures more fully it may appear and whereas also the the same Duke W. R. c. into the Manor Lands Tenements and other the premises with the appurtenances by virtue of the recovery aforesaid have entred our license thereof first not obtained And of the same premises were seised in their demeasne as of Fee to the uses intents and purposes in the aforesaid Indentures specified and declared which said Manors Messuages Lands tenements and other the premises of us are holden in Capite as it is said know ye that we of our speciall grace and of our certain knowledge and meer good will saving to us our homage do pardon remit and release for us our Heirs and Successors the trespasses in that behalf done and all manner of entry and entries into the aforesaid Manors Lands tenements and other the premises or any part or parcel thereof as well at the present day by what way soever made or perpetrated as hereafter by reason of any use in the aforesaid Indenture specified or declared to be made or had And furthermore we have granted and for us our Heirs and Successors as much as in us is by these presents do grant to the aforesaid Duke W. R c. that they the Manors Messuages Lands and tenements aforesaid and other the premises with all and singular their issues rents profits and appurtenances whatsoever except before excepted may have and hold to themselves and their Heirs and Assignes to the uses intents and purposes in the Indentures aforesaid contained and specified of us our Heirs and Successors by the services thereof due and of right accustomed for ever without violence molestation vexation impediment or grief of us our Heirs or Successors or of any our Justices Escheators Sheriffs Bayliffs or any other Officers Ministers or Subjects or of our Heirs or Successors whatsoever In testimony whereof c. And it is to be noted that of all licenses to alien temporall Land in Mortmain the fine to the Protector formerly to the King is five years value of the same Of all licenses to alien spirituall Land as appropriations of Churches or other spirituall Benifices the Fine is four years value thereof Of all licenses of alienation made of Lands holden formerly of the King in Capite Fine is the third part of the value the tenth deducted Of all pardons of alienation by the Kings tenant in Capite the Fine is one years value thereof Of all licenses of Marriage of the Kings widdow the Fine is the third part of the value of her dower by a year Of all pardons of the Kings widdows marryed without license the Fine is the whole value of her dower by the year The Exemplification of a Recovery with double Voucher out of the Prothonatories Office OLiver c. To all to whom these our present Letters shall come greeting Know ye that among the pleas of Land inrolled at Westminster before E. A. Knight and his associates our Justices of the Bench in the term of St. Hillary in the year c. it is contained thus York ss F. W. and R. S. in their proper persons demand against I. R. 12 acres of Meadow with the appurtenances in M. and K. as his right and inheritance and into which the same J. hath not entry but after the diffeisin which H. H. thereof unjustly and without Judgement made to the aforesaid F. R. within 30 years c. And the aforesaid Voucher J. by W. W. his Atturney came And heretofore having called to Warranty T. R. Esquire who now by the Summons to him in the County aforesaid made by T. J. his Atturney The demandant against the first Vouchee The Count. comes and gratis the aforesaid 12 acres of Meadow with the appurt to him doth warrant c. And hereupon the aforesaid Fr. and R. demand against him the said T. Tenant by his warranty the aforesaid 12 acres of Meadow with the appurtenances in form aforesaid c. And whereupon they say that themselves were seised of the aforesaid twelve acres acres of Meadow with the appurtenances in his Demeasne as of fee and right in the time of peace in the time of the now Protector by taking thereof expletion to the value c. And into which c. And thereupon produceth Vouch ouster le defence suit c. And the aforesaid T. Tenant by his Warranty defendeth his right when c. And furthermore called thereof to warranty R. H. who is present here in Court in his proper person And gratis the aforesaid 12 acres of Meadow with the appurtenances to him he warrants c. And hereupon the aforesaid F. and R. S. demandeth against him Demandant against a Vouchee the said R. H. Tenant by his Warranty the aforesaid 12 acres of Meadow with the appurtenances in form aforesaid c. And whereupon they say that themselves were seised of the aforesaid 12 acres of Meadow with the appurtenances The Count in form aforesaid in their demeasne as of Fee and right in the time of peace in the time of the now Lord Protector by taking thereof expletion to the value c. And into which c. And thereupon they produce suit c. And the aforesaid R. H. Tâ—nant by his warranty defendeth his right when c. And saith that the
bar 4 Serjeants  13 4 To the Criers  1 0 To the Box  1 0 To the Warden of the Fleet  0 6 For the Common Vouchee  0 4 For the Attorney Generals hand to the Writ  10 6 For making the Remembrance when the Recovery is drawn at the bar  2 0 For the return of the writ of Entry  0 4 For return of the writ of Seisin  2 0 To the Prothonotary for entry of the Recovery  14 6 To the Clerk for exemplifying thereof and making the writ of Seisin  7 6 For sealing the Exemplâ—fication writs of Seisin  2 9 For filing the writs of Entry and Seisin  2 0 For the Fee of the Demandant Tenant and Vouchee in the Recovery  10 0 Charges of a Recovery by summons upon a warrant of Attorney For drawing your Precipe and the warrant of Atturney 0 3 4 For entry of the Summons 0 6 6 For making the writ of Summons the Seal 0 2 7 To the Clerk for drawing the Summons and the entry in Parchment 0 2 6 For filing every warrant of Atturnment 0 0 8 For return of the writ of summons 0 2 0 For the filing of it 0 1 0 Note that every single Voucher hath 3 Serjeants a double Voucher 4 Serjeants and a treble Voucher hath 5 Serjeants and so further The Prothonotary hath as you see for his Entry for every Summons 0 6 6 For every single Voucher 0 10 6 For every double Voucher 0 14 6 For every treble Voucher 0 18 6 For every Dedimus Mittimus 0 4 0 The Charges of a Recovery under the great Seal of England For the Certiorari 0 13 4 For the allowance thereof 1 9 6 To the Clerk for his pains 0 6 8 For the Exemplification of every Skin 1 6 8 For the Seal 1 0 6 THE TABLE THe Definition of a Fine pag. 1. Who may be Cognisors in Fines and who not 7. What persons may be Cognisees in fines 9. Of what things fines may be levied and what not 10. By what names things may pass in fines 12. The order form of placing things in fines 14. The place wherein the Lands lie 16. Of the forms of Concords 17. Observations at the knowledge of fines how to acknowledge a fine before the Lord chief Justice 18 The charge of the said fine 21. Observations at the knowledge of a fine by a special Dedâ—mus Potestatem 22 The charges thereof 25. How to acknowledge c. by Ded. Potest 25. Charges of a fine knowledged by Ded. Potestat before a Judge and exemplified 26. The charges thereof 27. How to acknowledge a fine at the bar in Court 28. The charges thereof 29. A Writ of Coâ—enant of Common 23 Of Land and Sheep walk ibid. Of wood and foldage ibid. Of wood 33. Of a Parsonage impropriate and of the moyety of Tithes ibid. Of a Mannor of rent and of free folding for sheep ibid. Of a writ of Covenant of 3 parts of 4 Messuages 4 Cottages c. 34. A writ of Covenant of Tithes ibid. A writ of Covenant of the Scite of a Monastery ibid. A writ of Covenant of divers things 35. A wrir of Covenant of Dismes and Tithes 36. A Release by fine by one to two 37. A fine sur cognisance de droit by the Husband and Wife to two ibid. A fine by Baron and Feme and another 38. A fine of a parcel in reversion by a coparcener 39 A fine by an Earl Husband and Wife to an Archbishop and another 40. A Concord from two to two with special warranty 41. A fine upon a recognisance of right as that which he hath of his right with release and warranty by Husband Wife to a third person with a general warranty 42. A Concord of many things together sur cognisance de droit come ceo c. 43 A fine of a rent 47. A fine of part of a rent by Husband Wife 48. A Praecipe with an exception and saving some parcels ibid. A Concord with a render for life to the Husband and Wife being the Conusors of parcel of Mannors and Lands contained in the writ of Covenant the remainder to the first second begotten sons of the Cognisors in tail and to the heirs males for default c. then to the Cognisors in general tail for default c. then to the right heirs of the Cognisors for ever with render and grant of 10 Messuages c. residue of the same Mannor c. to the said Cognisors 49 A fine of homage rent and services 51. A fine of a Mannor and Knights Fees and services by the Husband and Wife others 52. An old fine in Frank almoigne before Justices in Eyre in Anno 55. H. 3. 53 A Concord of Lands in the County Palatine of Lancaster 54 A Lease for reserving a Rent 55. A Lease for years rendring rent 55. A Lease for years by fine by one his wife 57. A Lease by Tenant for life for 21 years if shee lives so long 58. A Lease to the wife for 21 years to commence after her Husbands decease reserving a rent the Cognisees grant back the same reversion and rent 60. A fine of a remainder for years 62. A Lease in Reversion paying rent 63. A Lease to divers for 90 years for their lives with rent and herriots reserved c. 64. A Lease reserving a rent of 20l. with a Nomine poene and a distress 66. A fine upon Grant and render to one for term of life without impeachment of wast for 16 years after her death then the one moyety to one in fee the other to another 68 A render for life the reversion to one and his heirs males the remainder to another and his heirs 69. A Lease for life the remainder for life to the wife in the name of her Joynture with the remainder in tail bid A fine where the Husband buyeth lands and granteth them again to the Cognisors for his Wifes life 70 A Concord of divers Tenements Rent of a Rectory and Advowson c. 71 A fine of the fourth part of two Messuages the one by a Coparcener of his part c. to two strangers 72 A fine of Lands part in possession and part in reversion of a third part for term of the life of the Tenant in Dower and for term of the life of another Tenant for term of life 74 A Grant and Render of a reversion of a moyety 76 A Render to the Cognisor for one week after to a stranger for life and to his Wife for life if she keep her unmarried the reversion to another stranger and his heirs of his body upon M. his Wife begotten the remainder to another and his heirs 78 A Fine of two Reversions 79 A Grant to the Cognisee and his Wife and the heirs of their two bodies with Warranty 80 A Grant with a Render back again for
life with Remainders in tail dividing the Lands 91 A Fine to entail Lands to the heirs of one deceased 92 A Grant by a Duke and his wife as in the right of his wife to the Cognisee for life of the Tenant for life with Warranty a Render to the Cognisor for the Wives life to convey her Title to her Husband 93 A Concord of a moyety of divers things in Possession and a Reversion in Fee 94 A Grant of Lands by Fine to two who render to the Cognisor in tail and for default of such issue to R. T. in general tail the remainder to another and his heirs for ever 97 A Grant of Lands in tail to be holden of the Grant or in soccage 98 A Grant of Lands in tail to be holden of the Grantor by suit of Court 6 s. rent 99 〈◊〉 â—â—ne of Knights Service Castle-Gard and Murage upon a Writ of Customes and Services 100 A fine of a Mannor in possession and other lands in Reversion 101 A fine of Lands part in possession and part in reversion with a Render again to the Cognisors and their heirs 102 A fine of the reversion of a Rent 104 Another of the same 105 A fine of Rent Service 106 A fine where the Husband and the Wife sell the Wives Joynture or Dower absolurely to him in the reversion 107 Tenant for term of life maketh a Lease reserving a Rent during her life 108 A fine of a Reversion 109 A fine in Fee farm of a Rent granted out of a Mannor only 110 A fine of several Rents granted out of a Mannor 111 A fine of a Rent with a Nomine poene for non-payment c. 112 A fine in Fee farm yeelding a Rent with a Distresse 114 A fine in Fee farm rendring a Rent sute of Court and Herriot after decease recease and alienation 115 A fine in Fee farm rendring a Rent with a Nomine poene for default of payment 117 A fine by the Husband and the Wife to the Husband and Wife with a Render 118 A Writ of Covenant that was for the King for the Tirh Corn of a Parish and the manner of the endorsement thereof used by his Atturney general 120 A fine with Warranty against all men 121 A fine by the Husband and Wife and the Cognisee by the same fine granteth and rendreth back again the premises to the said Conusors to the heirs of the Husband one of the said Conusors for ever 122 A fine of one Messuage c. and the same Conusors for them and the heirs of Io. Do. warrant 2 parts of the premises in 3 parts divided to the Conusee and his heirs against all men for ever 123 A fine with Warranty against all men and the Cognisees by the same fine render parcel of the Premises for one month with divers limitations c. 124 A fine of c. and the Cognisees do grant and render all Mines of Coles in a Close parcel of the premises c. 128 A fine of the third part of one Messuage c. with a general Warranty And the Cognisees do Grant and Render the same to one of the Cognisors for years in reversion c. 129 A fine with a Grant of a yearly rent 132 A fine of a Messuage c. Rent Parsonage the Advowson of a Viccaradge with Warranty c. 134 A fine with two several Warranties 135 A fine of a Mannor c. with general Warranty 136 A Fine within the County of Chester c. 137 A fine knowledged before the Justices of Chester 140 A fine by an Earl and his Wife 141 A fine by the Husband and Wife and a third person c. 142 A fine by two to one with general Warranty 145 A fine by the Husband and Wife and divers others c. 145 A fine of four Messuages c. with Warranty 146 A fine by two Husbands and their Wives 147 A fine by the Husband and his Wife to a Man and his Wife 148 A fine by an Earl and his Wife of a Rent c. 149 A fine by the Husband and Wife for term of years 150 A fine by the Husband Wife with Warranty in consideration the Cognisee granteth a Rent c 152 A fine of the third part of a tent with a general Warranty 154 A fine of the third part of 34 acres of Meadow by these words viz. concesserunt reddiderunt c. 155 A fine by one to the Queens Atturney c. 155 A fine by a Widdow to the President and Schollars of a Colledge c. 157 A fine by two and the VVife of one of them c. 158 A fine with general VVarranty 159 A fine of a reversion 160 A fine by Husband and VVife to one with a general VVarranty 161 Of the Order of taking the knowledge of a fine by Dedimu potestatem and the certifying thereof 162 A fine of one Messuage of a Remainder 163 A fine by Husband and VVife of two Messuages c. with general VVarranty 164 A fine knowledged before the Justices of the Common pleas at Westminster with general VVarranty 165 A fine with VVarranty against the Conusor and his heirs 166 A fine as it is ingrossed of Record 167 Of the nine Proclamations 168 A fine with general VVarranty for years rendring a red Rose c. 168 A fine for liâ—es and aftâ—r in Fee 170 A fine of a Rent issuing out c. with general VVarranty 171 A fine with general VVarranty of an annuity with Nomine poeâ—e 172 A fine in tail general to hold by the 40th part of a Knights â—ee and by rent with general VVarranty 174 A fine with VVarranty during life 175 A fine for life and after in fee. 176 Of the taking of the knowledge of a Fine 177 A fine with divers remainders 178 Of Adjuncts of Concords 180 A Licence to alien in Mortmain 183 Quod permittat finem levari 184 The Writ of quod damnum 185 Of a pardon for alienation 186 Of the Dedimus potestatem to take the cognisance of a fine 189 190 The Dedimus Potestatom thereof 191. The Precipe and Concord 193. A Dedimus Potestatem upon a writ of Customes and services 195. Of the Kings Silver 196. Of observation at the knowledge of fines 197. How and when Cognisances of Fines may be certified and what may hinder the â—ame 199 Of the Inrolment of Writs of Covenant Dâ—d Potest and knowledges thereupon called the foot of the fine 202 Of the note of the fine 203 Quid juris clamat 204 VVhat persons may obtain atturnment by Quid Juris clamat and what nor 205 VVhat persons be compellable to arturn by Quid juris clamat and what not 206 What places will barr the Plaint of Atturnment 210 A Table to the latter Part. VVHat processe lye in a Quid juris clamat 1. The writ of summons in Quid juris clamat 3. The Distress in Quid juris clamat 4. Tenant may atturn for
parcel c. 12. Atturney in Quid juris clamat 13. The return thereof 14. A Distrâ—ngas ad atturnandum 17. Of the ingrossing of Fines 24. Of the Tabling of fines ingrossed 25. How many Proclamations are to be made upon fines and when 26 Of the Proclamations of fines at the Assizes and General Sessions and how they must be certified 27. Of the Inrollment of all the parts of fines at the ingrossing thereof and Proclamations passed 28. Of the Exemplification of the parts of fines inrolled 30. Of one inrolled according to the Statute 23 El c. 3. ibid. How fines Executory be executed 36 Execution of fines by writ 37. Of execution of fines by Scire facias 41 A Scire facias upon a fine 46. A Mittimus of the transcript of a fine and a Scire facias thereupon 51. A fine levied to one by a Guardian 55. Cozenage alleadged in the Scire facias 62. A writ to the Bishop to certifie Bastardy 69. Certain causes of the nature and form of a Scire facias upon a fine 74. What Fines with Proclamations bar not the issue in tail 78. What time after a fine levyed and Proclamation made any man hath to enter or claim by action or otherwise who are thereby barred forthwith and who not 79. How privies in bloud are bound in fines 81. Of Estrangers having present right and no impediment 82. Of Estrangers that have present right and impediment 83. Of Estrangers having divers defects 87. Of Estrangers without impediments having future right for cause precedent ibid. Of Estrangers with impediments having future right 89. Of Estrangers having no right for any cause before the fine 91. Of Estrangers having divers future rights by divers titles 92. Estrangers to fines having neither present nor future right to the Tenements in the fine at the levying thereof but only unto rents Common c. issuing out of the same 94. Pleas to avoid fines 95. Of a writ of Error 97. A writ of Error directed to the chief Justice 98. Another to the Custos brevium 99. Another unto the Chirographer ibid. For what Errors Fines and Proclamations be not reversable 100. Of Error in the Proclamation of a Fine 101. Of a Certiorari ibid. A Certiorari of the transcript of the foot of a fine 102. Otherwise of the tenor of the note of a fine 103. Otherwise before Justices now of the Bench ib. A Mittimus of the transcript of a fine out of the Chancery into the Common place ibid. A Mittimus 106. A Mittimus for the foot of a fine ibid. Whether any but he which reserverh a fine may reap benefit thereby 107. Warrantia Chartae 108. The writ of Warr. Chart. ibid. Count by Baron and Feme upon a Fine with warranty 110. Of Recoveries for Assurances c. 124 Of what things writs of entry may be brought and by what means 128. Of what things a writ of entry lyeth not 129. A Certiorari to the Executors of the Justice before whom the warrants were acknowledged 131. The return of the same 132 A Recovery with single Voucher 133. A Recovery with double Voucher ib. A Recovery with treble Voucher 134. A Recovery of an Advowson in the County Palatine of Lancaster 135. All the parts of a Recovery in a writ of Right De precipe in Capite Exemplified 136. The warrant of Attorney thereof 138. A remission to the Court in a writ of right 139. The Exemplification of a Recovery inrolled ib. A Pardon of alienation upon Lands by a writ of entry recovered 142. A Common Recovery by divers before the Justices of Chester and Judges of the same County of a Mannor c. 161. The like Common Recovery in the said County of Chester to the next before and of the same Mannor and lands 164. Charges of a Recovery with 2 Vouchers in person at barr 167. Charges of a recovery by summons upon a warrant of atturney 168. FINIS