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.
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
the appurtenances in E. c. And the Concord is such to wit that the aforesaid T. and A. have recognised the Tenements aforesaid with the appurtenances to be the right of him the said W. as those which the said W. hath by the gift of the aforesaid T. and A. and those they have remised and quite claimed from themselves and their Heirs to the aforesaid W. and his Heirs for ever And furthermore the aforesaid T. and A. have granted for themselves and the Heirs of the said T. that they will warrant to the aforesaid W. and his Heirs the Tenements aforesaid with the appurtenances against all men for ever And for this c. The aforesaid W. hath granted to the aforesaid T. one annuity or yearly rent of 20 s. of lawfull money of England issuing and to issue of and out of the Tenements aforesaid with the appurtenances and that to him they have rendred in the said Court. To have hold and perceive the aforesaid annuity or yearly Rent of 20 s. at foresaid to the aforesaid T. and his Heirs a-the Feasts of St. Martin the Bishop in winter and of Penticost by equal portions yearly for ever to be paid And if and as often as it happen the aforesaid annuity or yearly rent of 20 shillings aforesaid to be in arrear and unpaid in part or in all by the space of forty days after any feast of the feasts aforesaid wherein as aforesaid it ought to paid that then and so often it may and shall be lawfull for the aforesaid T. and his heirs into the aforesaid Tenements with the appurtenances to enter and to distrain And the distresses so there taken lawfully to lead bear and drive away and in his custody to retain until of all the aforesaid annuity or yearly rent of 20 s. aforesaid together with the arrearages thereof if any shall be he be fully satisfied and paid c. A Fine in fee farm rendring a rent suit of Court and Heriot after decease recease and alienation South ss COmmand A. B. and C. D. that they hold to F. G. Covenant of 20 acres of land c. And the Concord is such to wit that the aforesaid A. B. and C. D. have recognised the tenements aforesaid to be the right Ut in sine sur recognisance de droit releâ—se and warranty And for this c. the aforesaid T. hath granted to the aforesiid A. B. and C. D. one annuity or yearly rent of 12 d. of lawfull money of England issuing and to issue from and out of the tenements aforesaid with the appurtenances And those to them he hath rendred in the said Court. To have and to perceive the aforesaid annuity or yearly rent of 12 d. to the said A. B. and C. D. and the heirs of the said A. at the Feasts of St. Michael the Arch-angel and the Annunciation of the blessed Virgin Mary by equal portions yearly to be paid And also the aforesaid F. hath granted for himself and his heirs to the aforesaid A. B. and C. D. and the heirs of the said A. to doe suit of Court yearly to the aforesaid A. B. and C. D and the heirs of the said A. at his Mannor of C. twice in the year upon lawfull warning thereof aforehand to be given To hold c. And to pay after the decease recease and alienation as well of the aforesaid F. and his heirs as of every other Tenant being free Tenant of the Tenements aforesaid or of any parcel thereof the best beast of verye such Tenant in the name of a Heriot And if it happen the aforesaid annuity or yearly rent to be in arrear and unpaid in part or in all after any feast of the feasts aforesaid wherein as aforesaid it ought to be paid or suit of Court aforesaid not to be done or the Heriot aforesaid when it shall happen not to be paid or delivered that then it shall be lawfull for the aforesaid A. B. and C. D. and the heirs of the said A. into the tenements aforesaid with the appurtenances to enter and to distrain and the distresses so there taken lawfully to lead bear and drive away and in his custody to retain until as well of the aforesaid annuity or yearly rent of 12 d. together with the arrearages thereof if any shall be as of the suit of Court and the Heriot aforesaid being in arrear the said A. B. and C. D. and the heirs of the said A. shall be fully satisfied contented and paid c. A Fine in Fee-farm rendring a rent with a Nomine poene for default of payment Warw. ss COmmand A. B. Esq that he hold to C. D. Covenant of the Mannor of L. with the appurtenances Also of 4 Messuages and ten shillings rent with the appurtenances in L. aforesaid c. And the Concord is such to wit that the aforesaid A. B. hath recognised ut in fine sur recognisance de droit And for this c. the said C. hath granted to the aforesaid A. one annuity or yearly rent of seven pounds of lawfull money of England issuing and to issue out of and in the Mannor and Tenements with the appurtenances And that to him he hath rendred in the said Court To have and perceive the aforesaid annuity or yearly rent of seven pounds to the aforesaid A. his heirs and assigns the tenth day of September between the ninth hour before mid-day at the third hour after mid-day of the same day yearly at the house or dwelling commonly called S. situate in his Marker called the Market stead in the Town of C. in the Countie of D. to be paid And if it happen the aforesaid annuity or yearly rent of seven pounds to be in arrear and unpaid in part or in all by the space of fourteen dayes after the aforesaid tenth day of September wherein as aforesaid it ought to be paid that then the aforesaid C. and his heirs shall forfeit to the said A. and his heirs 13 s. 4 d. in name of a pain so often as the aforesaid annuity or yearly rent or any parcel thereof shall happen to be so in arrear And it shall be lawfull for the aforesaid A. and his heirs into the aforesaid Mannor and other the premisses with the appurtenances and into every parcel thereof to enter and distrain as well for the aforesaid annuity or yearly rent of seven pounds and every parcell thereof as for the aforesaid 13 s. 4 d. in name of a pain to the said A. and his heirs forfeited Nomine poene so often as it shall so happen to be in arrear unpaid and the distresses so there taken and had lawfully to lead bear and drive away and in his custody to retain until as well for the aforesaid annuity or yearly rent of seven pounds as for the aforesaid 13 s. 4 d. in name of a pain so often forfeited the said A. and his heirs shall be fully satisfied and paid c. A
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
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
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
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
THE ATTVRNEYS GVIDE FOR Suing out of Fines Concords and Recoveries c BEING Choice and Exact Presidents for all sorts of Fines Concords and Recoveries Together with full Instructions in all proceedings relating thereunto and the certain charges of the same With a Table of all the Particulars Perused and Approved by G. T. an able Practioner and others LONDON Printed by F. L. for Tho. Firby and are to be sold at his Shop near Grays-Inn Gate 1656. To the Reader Reader THis Treatise was at first intended only for Private use but having been perused by some Eminent Practizers of the Law and Commended by them to be of Publique benefit and concernment I have adventured with their advice to present it to thee in Print I hope thou wilt reap so much benefit by it as will at least deserve thy acceptance However pass favourably by what Errors thou findest and thou shalt in as great a matter oblige both the Printer and Thy Friend I. B. The Definition of a Fine IT appeareth by many Writers of the Common-law That a Fine is nothing but a friendly composition or final concord had between persons of and concerning any lands or tenements rent or other thing hereditable being in esse tempore finis acknowledged and recorded formerly by the consent and license of the King now of the Lord Protector or his Justices before a competent Judge to the end to cut off all controversies that neither of the parties litigant from it may after depart And therefore well may it be said to be fructus exitus finis legis Plo. fol. 357. If we but consider that the Law was made to no other end than to settle peace In every Fine there are two several parties the Cognisor and the Cognisee the party levying the Fine is called the Cognisor and he to whom it is levyed is called the Cognisee There are five essential parts in a Fine first the original writ taken out against the Cognisor the Kings licence formerly so called giving the parties liberty to accord for which he had a Fine called the Kings silver being accounted a part the Crowns revenue Thirdly the Concord it self which thus beginneth Et est concordia talis c. Fourthly the note of the Fine which is an abstract of the original concord and beginneth thus ss inter R. quaerentem S. E. Uxorem ejus desorcientes c. Fifthly the foot of the Fine which beginneth in this manner Haec est finalis concordia facta in curia Domini Protectoris apud Westm a die Pasche in quindecim dies anno c. so that the foot of the Fine includeth all containing the day year and place and before what Justices the Concord was made Coke v. 6. cas Teye fo 3 8 39. There are two sorts of Fines the one at Common Law the other levied and proclaimed according to the Statute 1 R. 3. cap. 7. 4 H. 7. cap. 24. 32. 14. 8. cap. 36. In the levying and proclaiming of a Fine two several Statutes are chiefly to be considered the one of them is the Statute of 1 R. 3. chap. 7. The other is the Statute of 4 H. 7. chap. 24. being in some thing afterwards explained by a Statute made in Anno 32. H. 8. chap. 36. The Proclamations are four and are to be made four several Terms as hereafter shall be expressed Concerning Fines with Proclamations 5 things are to be observed 1 The time of levying proclaiming the same 2 The place where and before whom it is to be levyed 4 What Ceremonies therein are to be observed 5 the several times are to be observed and considered First that the Fine be levyed afâ—er the Feast of Easter which was in the year of our Lord 1496. for all Fines levyed before that time are out of the compass of this Statute 4 H. 7. as it appeateth by the letter of the same Statute 2 That the Proclamation must be made in time of the Term and therefore if any of those proclamations doe happen to be made either before the beginning or after the end of any Term or on a Sunday or other festival day exempted from the Term as on the Feast day of the Purification of St. Mary the Virgin Ascention day All Saints All Soules or on the Feast day of St. Iohn Baptist if it happen on any other day than on the Friday next after Trinity Sunday and to be recorded accordingly then if it be not holpen by the Statute of 23. Eliz. cap. 3. all the Proclamations are reversable by a Writ of error or by plea as it appeareth in Finches case Plow com 266 267. and then the Fine will be of no other nature and force than a Fine without proclamations And albeit the Proclamations were all made within the Terms according to the form of the Statute yet if the record or records do purport the contrary they are reversable by error or avoidable by plea if it be not holpen by the said Statute for a record is of that credit in law that no averment may be admitted to the contrary A Fine doth for ever conclude and bar as well privies as strangers to the same except such strangers as are women covert other than be parties to the Fine and every other person being within age viz. the age of 21 years in Prison or out of this Realm or not of whole mind at the time of such Fine levied But this exception is conditional viz. that they or their heirs inheritable to the same lands c. do take their action or lawfull entry according to their right and title they have to the Tenements therein contained at time of the ingrossing thereof within 5 years next after they be of full age of 21 years out of prison uncovert within this Realm and of whole mind Now let us see who are privies and who are strangers to a Fine according to the Statute there are three privities only 1 privity in blood only 2 privity in Estate only 3 privity in blood and estate There are three kinds of privities 1 in blood tantum 1 one when a man is heir to his late Ancestor and yet hath nothing by discent from him As for example if a father seised of lands in Fee doth thereof infeoffe a stranger and his heirs or if he by his last Will and Test in writing did dispose the same being holden in soccage to another in Fee and hath issue and dyeth in this case such issue is privy in blood having nothing by discent 2 Another kind of privity in blood is when something is descended unto him as heir unto his Ancestor and yet he claimeth the same by some other right and not as heir to such an Ancestor As for example if there be a Father and Son and the Son purchaseth lands of a stranger in Fee and is there of disseised by his Father who dyeth thereof seised the same descend to his Son aâ— heir in this case
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
else there is nothing to be paid you must go to the Receiver in the same Office and pay the Fine so assessed which is the Kings silver for the Kings Licence which Licence the Clerk of the Kings silver entereth when the money is paid the Receiver will set his hand to the back of the Writ then you must give it to the Doctor to sign who hath 4d for his hand then get the hands of the two Commissioners to the back of the Writ which done you must carry it to the 3 Clerks sitting to be endorsed and entred This being done you bring back your Writ to the Cursitor and he will get it sealed and then you pay him for his fee 2 s. 6 d. then having broken it open you are to return it as followeth Towards the upper end of the Writ thus John Doo pledges of pro secuting Richard Roo Towards the middle of the Writ thus John Den Richard Fen. This is now by a late erected Office done by an Officer who takes for the doing of it and entring of it 1 s. 6 d. Note you are to file a Warrant of Atturney with the Clerk of the Warrants where your Writ of Covenant must be signed which Warrant is as followeth the Shire in the margent G. W. puts in his place T. L. to prosecute a Writ of Covenant against T. H. of lands and Tenements in A. and C. That done file your Writ of Covenant and your Concord which you had from the Lords Clerk together and carry them to the Custos brevium to the Clerk that dealeth for that Shire and leave them with him to enter in his book and to endorse the Writ when he hath done fetch them from him and pay him for the same 3 s. 8 d. Then carry them to the Kings silver Office to enter the Kings silver which is the Fine for the value which you paid to the Receiver in the alienation Office The form of which entry you may see hereafter set down together with more clear examples of proceedings in the acknowledging of Fines than I have here briefly written for which you pay him 6 d. which done you deliver it to the Secondary in the Chirographers Office who takes it forth in his book and hath for his fee 5 s. 8 d. if it be in the Term if it be out of Term you pay him twelve pence more for allowing the Proclamation in the same Term. That done you must in the same Office deliver it to the Clerk of the Office who is appointed to write for that Shire wherein the land lies to ingrosse he hath for ingrossing it 2 s. 6 d. if small but if great 3 s. 6 d. or more in case it be exemplified When your Fines are ingrossed which are by way of Indentures get one part from him and deliver it your Clyent to keep The Charges of the Fine aforesaid  l. s. d. IMprimis for drawing the Concord 0 3 4 For the Lord Chief Justices fee for acknowledgement 0 9 8 To his Clerk for ingrossing the Concord 0 1 6 For the Writ of Covenant 0 2 6 For the return 0 2 0 For the Post diem thereof 0 0 4 For the Fine 0 0 0 To the Receiver for making the Writ of Covenant 0 0 6 For the entry and endorsment 0 1 6 For the Doctors hand 0 0 4 For the Warrant of Atturney and filing it 0 0 8 To the Custos brevium 0 3 8 To the Clerk of the Kings silver 0 1 4 To the Chirographer 0 6 8 For ingrossing the Fine 0 3 0 For the Attorneys fee. 0 6 8 Observations at the knowledging of a Fine out of Court by a special Dedimus potestatem IF the Fine be knowledged out of Court the day and place of the taking of the Fine is by 23 Eliz. cap. 3. to be entred thus taken and knowledged at S. the 10th day of May c. for otherwise the Clerk or Officer receiving the same loseth 5 l. for every offence Also at the knowledging of every Fine if the Justice or Commissioners that take the Cognisance thereof do not know the Cognisors it is requisite that some other credible person to him known who knoweth the Cognisors be present and inform such Justice or Commissioners that they be the self same persons against whom the Writ is brought 34 H. 6. f. 19. Lands bought of divers persons or by divers persons may passe in one Fine if the Writ of Covenāt be brought against all the vendors by all the vendees But then the clause of Waranty in the Concord thereof should be several against every vendor by himself and his heirs For it were very absutd that one man should warrant against all men land sold by others In regard of the Cognisors debility of body or remotenesse from London or Westminster or other occasion you are to sue out a dedimus potestatem reciting that the Writ of Covenant is depending and bearing Test after the Writ of Covenant directed to some Justice or to a Serjeant at Law or a Lord or Knight or two and some other expert man to take the same Cognisance in the Country and to return and certifie the same to the Justices of the Common place with the dedimus potestatem and Cognisance If they certifie not a Certiorari is to be awarded to them comprehending all the matter of the said Writ and commanding them to certifie c. which if they do not there lieth against them Alias plur Attach If any Justice or Serjeant take the knowledge of a Fine of lands nor lying within his Circuit the Writ of Dedimus potestatem thereof is used to be signed by a Justice of the Circuit where the land lieth Dier f. 220. p. 15. And every special Writ of Dedimus potestatem to special Commissioners must be signed either by the Commissioners or by the Chief Justice of the Common pleas of some of the Justices of Assizes in the Circuit of the Country where the land lyeth which is to passe thereby But Justices of the Assizes by virtue of their patents may take the knowledge of Fines in their Circuits before any Dedimus potestatem be sued out Dier f. 224. pla 31. yet must a Dedimus potestatem be sued out upon the note directed to them before they can certifie the same Also Fines have been levied before Justices in Eire li. in t scire fac in Aide 2. But a Justice cannot take the knowledge of a Fine to himself that is where he himself is Cognisee 8 H. 6. f. 21. Now the Order to sue forth a Fine to be acknowledged before Commissioners in the Country by special Dedimus potestatem is this First you must draw your praecipe in a sheet of paper as a note for the Cursitor to draw the Dedimus by then ingrosse your praecipe and Concord in a piece of parchment and go with it to the Cursitor of the Shire where your land lies and upon your praecipe
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
and the heirs of him the said J. for ever And have granted for themselves and the heirs of him the said A. that twenty acres of land six acres of Meadow c. with the appurtenances in the aforesaid Town of B. parcel of the Tenements and the third part aforesaid which J. A. and F. his Wife hold for term of the life of her the said F. of the heirs of the aforesaid A. the day that this Concord was made And which after the decease of him the said E. unto the aforesaid I. A. and his heirs ought to revert after the decease of him the said A. wholly shall remain to the aforesaid J. E. and E. E. and the heirs of him the said J. for ever Also the said J. W. and A. have granted for themselves and the heirs of the said A. that one Messuage with the appurtenances in the aforesaid Town of B. residue of the Tenements aforesaid which J. A. holdeth for Term of his life of the heirs of the aforesaid A. the day that this Concord was made after the decease of him the said A. shall wholly remain to the aforesaid J. E. and E. and the heirs of him the said E. for ever A Grant and Render of a Reversion of a Moiety York ss COmmand N. G. and E. his Wife W. G. and B. his Wife that they hold to F. A. Covenant of the moiety of the Mannor of H. with the appurtenances c. And the Concord is such to wit that whereas E. A. Widdow late Wife of W. A. deceased hath and holdeth the aforesaid moiety of the Mannor of H. with the appurtenances And the aforesaid moiety of the Tenements and fishing aforesaid with the appurtenances for the term of her life without impeachment of any wast And that after the death of the said E. the aforesaid moiety of the Mannor Tenements and fishing aforesaid shall remain to the Executors of the Testament of the said E. for the term of 16 years then next following after the death of the said E. without impeachment of wast And which after the death of the aforesaid E. A. for the term of the aforesaid 16 years to N. G and E. his Wife and W. G. and B. his wife and the heirs of him the said E. B. should revert The aforesaid W. G. and B. his Wife N. G. and E. his Wife do grant that the said moities of the said Mannors Tenements and fishing with the appurtenances after the death of the aforesaid E. A. and after the aforesaid term of 16 years ended and determined shall wholly remain to the aforesaid F. A. and his heirs To hold of the chief Lords of that fee by the services which unto the aforesaid moieties of the said Mannor Ten. and fishing do belong And those they have remised and quit claimed from the said W. G. and B. his Wife N. G. and E. his Wife and their heirs to the aforesaid F A. and his heirs for ever And furthermore the said W. G. and B. N. G. and E have granted for themselves and the heirs of him the said N. that they will warrant the aforesaid reversion of the moiety of the said Mannor Tenements and Fishing with the appurtenances to the aforesaid F. A. and his heirs against them the said W. G. and B. N. G. and E. and their heirs for ever And for this c. the said F. hath granted to the aforesaid W. G. and B. N. G. and E. the aforesaid reversion of the moiety of the Mannor Tenements and Fishing aforesaid with the appurtenances And those to them he hath rendred in the said Court. To have and to hold the said reversion of the moiety of the Mannor Tenements and fishing aforesaid with the appurtenances to the said W. G. and B. N. G. and E. from the Feast of Philip and James which shall be then next after the end of the said 16 years unto the end and term of 21 years from thence next following and fully to be compleat without impeachmhnt of any wast A Render to the Conusor 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 York ss COmmand I. W. and E. his wrfe that they hold to W. A. and O. S. Covenant of two Messuages c. in S. And that unless c. And for this c. The said W. and O. have granted to the aforesaid I. the Tenements aforesaid with the appurtenances And those to him they have rendred in the said Court. To have and to hold to the said B. for the term of one week and after that Term ended the aforesaid Tenements with the appurtenances wholly shall remain to B. To have and to hold to the said B. of the chief Lords of that Fee by the services which to the aforesaid Tenements do belong all the life time of the said B. And after the decease of the said B. the aforesaid Tenements with the appurtenances shall wholly remain to I. Wife of the aforesaid B. to hold c. all the life time of the said I. if the said I. shall so long live sole and unmarried And after the decease or spousal of the said I. if either shall be the aforesaid Tenements with the appurtenanes shall wholly remain to E. W. Sonne and Heir apparent of the aforesaid I. and the Heirs of the body of him the said E. upon the body of M. his Wife between them lawfully begotten To hold c. And if it happen that the said E. shall dye without Heir of his body on the body of the aforesaid M. between them lawfully begotten then after the decease of them the said E. and M. the Tenements aforesaid with the appurtenancs shall wholly remain to the aforesaid I. and his Heirs To hold c. for ever A Fine of two Reversions York ss COmmand R. N. and A. his Wife that they hold to G. E. Covenant c. of two Messuages one cottage c. in N. And the Concord is such to wit that the aforesaid R. and A. have recognised the Tenements aforesaid with the appurtenances to be the right of the said G. and have granted for themselves and the heirs of the said R. that the aforesaid Cottage twenty acres of Land ten acres of Meadow c. Parcell of the Tenements aforesaid with the appurtenances in N. aforesaid which W. B. and A. his Wife do hold for term of the life of her the said A. of the Inheritance of the aforesaid R. the day that this Concord was made and which after the decease of her the said A. unto the aforesaid R. and his heirs ought to revert wholly after the decease of her the said A. unto the aforesaid G. and his heirs shall remain to hold c. Also the aforesaid R. and A. have granted that the aforesaid 2 Messuages c.
theresidue of the Tenements aforesaid with the appurtenances in N. aforesaid which W. P. and D. his Wife hold for term of the life of her the said D. of the Inheritance c. ut antea And furthermore the aforesaid R. and A. and the Heirs of him the said R. will warrant the Tenements aforesaid with the appurtenances to the aforesaid G. and his heirs as â—t is said against the aforesaid R. and A. and the Heirs of him the said R. for ever And for this c. A grant to the Cognisee and his Wife and the Heirs of their two bodies with Warranty York ss COmmand H. F. Gent. that justly c. he hold to H. M. and I. his Wife covenant c. of the Tenements in S. And unless c. And the Concord is such to wit that the aforesaid H. F. hath granted the Tenements and rent aforesaid with the appurterances to the aforesaid H. W. and I. And those to them he hath rendred in the said Court. To have and to hold to the said H. W. and I. and the Heirs of the bodies of them the said H. W. and I. between them lawfully begotten To hold c. and the aforesaid H. F. and their Heirs will warrant to the aforesaid H. W. and I. and the heirs of the body of them the said H. W. and I. between them lawfully begotten the Tenements aforesaid as it is said against all men for ever And for this c. A Grant with a Render back again for life with Remainders in taile dividing the Lands Hereff. ss COmmand N. B. and A. his wife that they hold to T. R. and R. G. Covenant c. of one Messuage c. with the appurtenances in E. c. And the Concord is such to wit that the aforesaid c. with Release and warranty c. and for this c. the said T. R. have gâ—anted to the aforesaid N. and A. the Tenements aforesaid with the appurtenances And those to them they have rendred in the said Court. To hold to the said N and A. for the lives of them the said N. and A. and the life of the longer liver of either of them without impeachment of waste all the life time of the said A. To hold c. And after the decease of them the said N. and A. one Messuage c. with the appurtenances in F. aforesaid being parcel of the Tenements aforesaid shall remain to T. B. one of the Sons of the aforesaid N. and A. and the Heirs male of the body of the aforesaid T. lawfully begotten and then after the decease of the said T. the aforesaid Tenements being parcell of the aforesaid Tenements wholly shall remain to I. B. one other of the Sonnes of the aforesaid N. and A. the Heirs Males of the body of him the said I. lawfully begotten To hold c. And if it happen c. after the decease of the said I the aforesaid Tenements parcel of the said Tenements shall wholly remain to B. F. one other Sonne of the aforesaid A. and the Heirs males of the body of the aforesaid B. lawfully begotten To be held c. And if it happen c. that then the Tenements aforesaid shall remain to divers others and the right Heirs of the aforesaid D. for ever To hold c. And furthermore the aforesaid T. and R. have granted that after the decease of the aforesaid N. B. and A. his wife 44 acres of Land 2 acres of Meadow c. with the appurtenances in B. aforesaid being residue of the aforesaid Tenements shall wholly remain to the aforesaid B. F. and the Heirs of his body lawfully begotten To hold c. And if it happen that the said B. shall die without Heir of his body lawfully begotten that then after the decease of the said B. the Residue of the aforesaid Tenements shall wholly remain to the aforesaid T. F. and his Heirs and assigns for ever A Fine to entaile Lands to the Heirs of oâ—â— deecased Leicester ss COmmand I. C. Esq that he hold to M. C. Widdow Covenant of three Messuages c. And the Concord is such that the aforesaid I. hath granted to the said M. the aforesaid Tenements with the appurtenances And that to her hath rendred in the said Court. To have and to hold to the said M. and the Heirs of the body of her the said M. of the body of I. C. lately her Husband deceased lawfully begotten of the chief c. And if it happen that the said M. shall dye without Heir on her body of the body of the said I. C. lawfully begotten then after the decease of her the said M. the aforesaid Tenements with the appurtenances shall wholly remain to the right Heirs of the said I. C. deceased To hold c. And the aforesaid I. C Esq and his Heirs will warrant to the aforesaid M. and the Heirs of her body of the body of the aforesaid I. C. deceased and also to the right Heirs of him the said I. C. if the said M. shall dye without Heir of her body of the body of the said I. C. deceased lawfully begotten the aforesaid Tenements with the appurtenances as is said against the aforesaid I. C. Esq and his Heirs for ever And for this c. A Grant by a Duke and his wife as in the right of his wife to the Conusee for life of the Tennant for life with warranty a Render to the Cognisor for the Wives life to convey her title to her Husband COmmand T. Duke N. and M. his wife that they hold to T. T. Esq Covenant c. of the Tenements in W. and unlesse c And the Concord is such to wit that the aforesaid Duke and M. have granted to the aforesaid T. T. the Tenements aforesaid with the appurtenances and whatsoever the said Duke and M. have in the Tenements aforesaid with the appurtenances for term of â—ive of her the said M. And those to them they have rendâ—ed in the said Court. To have and to hold to the said T. T. and his Heirs of the chief Lords of that Fee by the services which unto the said Tenements with the appurtenances do belong all the life time of her the said M. And furthermore the said T. and M. have granted for themselves that they will warrant to the aforesaid T. T. and his Heirs the Tenements aforesaid with the appurtenances against all men all the life time of the said M. And for this c. the said T. T. hath granted the Tenements aforesaid with the appurtenances to the aforesaid Duke and those to him he hath rendred in the said Court. To have and to hold the said Tenements with the appurtenances to the said Duke and his Heirs all the life time of the said M. to hold ut supra A Concord oâ— a moyety of divers things in pâ—â—â—ession and of a reversion in Fee THis 〈…〉 finall Concord made c. beâ—â—â—en â— â— and
â— H. Plantiffes T. N. I. his wife one of the Cousins and Heirs of R. E. Defortients of the Moyety of the Manâ—ors of W. and R. with the appurtenances and of the Moyety of 80 Messuages 40 acres of Land 300 acres of Meadow 50 acres of Pasture 100 acres of Wood 30 acres 〈…〉 and Heath 160 acres of Moore 200 acres of Marish and 20 shillings rent with the appurtenances in W. R. W. P. T. 〈…〉 of the advowson of the Moyety of the 〈◊〉 of E. W. P. and R. and 〈…〉 of the Moyety of the 〈…〉 of L. whereof Plea of Covenaâ—◠〈…〉 between them in the 〈…〉 that the aforesaid T. and â— â—ave 〈…〉 the aforesaid Moyeties with the appurtâ—nances and the advowsons afoâ—â—said to â—e â—â—e right of him the said A. of which the said A. and L. have by gift the Moyety aforesaid of the Mannor of R. with the appurtenances also the Moyety of 80 Messâ—â—geâ— 260 acres of Land 100 acres of Meadow â—00 acres of Pasture 80 acres of Wood 200 acres of Ling and Heath 140 acre of Marisâ— 100 acres of Moore and six pounds six shillings rent with the appurtenances in R. T. H c. and also the advowson of the moyeâ—y of the Church of R. and the advowson of the moyety of the Monastery or Priory of L. parcelâ— of the Moyety of the Mannors Tenements rent and advowsons aforesaid by the gift of the aforesaid T. and I. and those they have remised and quite claimed from them the said T. and I. and the Heirs of him the said I. to the aforesaid A. and L. and the Heirs of him the aforesaid A. for ever And furthermore the said T. and I. have granted for themselves and the Heirs of hâ—m the said I. that the moyety of the Mannor of W. and the moyety of 30 Messuages 250. acres of Land 100 acres of Meadow c. with the appurtenances in W. P. E. and W. aforesaid and the advowsons of the moyety of the Churches of P. E. and W. aforesaid being the residue of the moyety of the Mannors Tenements rent and advowsons aforesaid which E. E. holdeth for term of her life of the inheritance of the aforesaid I. the day that this Concord was made and which after the decease of the said E. E. unto the aforesaid T. and I. and the Heirs of him the said I. ought to revert after the decease of her the said E. E. wholly shall remain to the aforesaid A. and L. and the Heirs of him the said A. to hold together with the aforesaid moyety and advowson which to them by this Fine do remain of the chief Lords of that Fee by the services which unto those moyeties and advowsons do belong for ever And the aforesaid T. and I. and the Heirs of him the said I. will warrant to the aforesaid A. and L. and the Heirs of him the said A. the aforesaid moyeties with the appurtenances and the advowsons aforesaid as aforesaid against all men for ever And for this recognisance remise quite claim warranty fine and Concord the said A. and L. have granted to the aforeaid T. and I. the aforesaid Moyetie oâ— the Mannor of R. and the moyety oâ— the Tenements with the appurtenances aforesaid in R. T. H. c. aforesaid Also the advowson of the moyety of the Chuch of R. aforesaid the advowson of the moyety of the Monastery or Priory of I. aforesaid and those to them they have rendred in the said Court. To have and to hold to the said T. and I. and the Heirs of him the said I. of the chief Lords of that Fee by the services which unto those moyeties and advowsons do belong for ever And also the said A. and L. have granted the aforesaid moyety of the Mannor of W. with the appurtenances and the aforesaid Moyety of the the Tenements with the appurtenances in W. P. E. c. aforesaid to the said T. and I. and those also have rendred in the said Court. To have and to hold immediatly after the death of the aforesaid E. E. to the said T. and I. and the Heirs of him the said I. of the chief Lords of that Fee by the services which unto that moyety and advowson do belong for ever A Grant of Lands by Fine to two who render to the Cognisor in tail and for default of such issue to R. T. in generall tail the remainder to another and his Heirs for ever ANd the Concord is such c. that the aforesaid A. hath recognised the Tenements aforesaid with the appurtenances to be the right of him the said I. as those which the said I. and D. have by the gift of the aforesaid A. and those he hath remised c. and for this c. the said I and D. have gran-to the aforesaid A. the Tenements aforesaid with the appurtenances And those to him they have rendted in the said Court To have and to hold to the said A. and the Heirs of the body of him the said A. lawfuly begotten and for default of such issue then the Tenements aforesaid with the appurâ—enances whloly shall remain to the Heirs of the body of R. T. Son of the aforesaid A. and the Heirs of the body of them â—awfully begotten and for default of such issue then the Tenements aforesaid with the appurtenances shall remain to D. E. and his Heirs for ever c. A Grant of Lands in tail to be holden of the Grantor in Soccage York ss COmmand S. B. Esq that he hold to W. S. Covenant of three Messuages c. with the appurtenances in C. And unlesse c. And the Concord is such to wit that the aforesaid S. hath granted to the aforesaid W. the Tenements aforesaid with the appurtenances and those to him he hath rendred in the said Court. To have and to hold to the said W. and the Heirs of his body lawfully begotten of the aforesaid S. and his Heirs in Soccage by Fealty only for all services and demands which unto the aforesaid Tenements do belong for ever And if it happen that the said W. shall dye without Heir of his body lawfully begotten then after the decease of him the said VV. the Tenements aforesaid with the appurtenances shall wholly remain to I. S. Grandfather of the aforesaid W. and the Heirs of the body of him the said I. lawfully begoten To hold c. ut antea And if no Heir of the body of the said I. shal be lawfully begotten then the aforesaid Tenements with the appurtenances shall wholly revert unto the aforesaid 〈◊〉 and his Heirs quite from other Heirs of the aâ—orâ—said W. and I. to hold of the chief c. And furthermore the aforesaid S. and his Heirs will warâ—ant to the aforesaid W. and the Heirs of his body lawfully begoten and to the aforesaid I. and the Heirs of his body lawfully begotten if the said W. shall dye without heir of his body lawfully begotten the aforesaid Tenements
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
yearly to be paid and if it happen that the aforesaid yearly rent c. A Fine of a Reversion Norff. ss COmmand P. A. that he hold Covenant c. of one Messuage c. And the Concord is such to wit that the aforesaid P. hath recognised the Tenements aforesaid with the appurtenances to be the right of him the said E. And hath granted for himself and his Heirs that the aforesaid Tenements which W. B. and A. his Wife hold for term of the life of the said A. of the inheritance of the said P. the day that this Concord was made And which after the decease of the said A. unto the aforesaid P. and his Heirs ought to revert after the decease of the said A. shall wholly remain to the aforesaid E. S. and his Heirs for ever To hold c. and the aforesaid P. hath granted for himself and his Heirs that he will warrant the aforesaid Tenements with the appurtenances as it is said against all men for ever And for this c. A Fine in Fee farm of a rent granted out of a Mannor only Salop. ss COmmand A. C. Widdow that she hold to H. C. Gent. Covenant of the yearly rent of 40 l. issuing out of the Mannor of S. with the appurtenances in S. And unlesse c. And the Concord is such to wit that the aforesaid A. hath granted to the aforesaid H. the aforesaid rent with the appurtenances And that to him hath rendred in the said Court. To have and perceive the aforesaid 40 l. to the said H. and his assigns at the Feasts of the Annuntiation of the blessed Virgin Mary and of St. Michael the Arch-angel by equall portions yearly to be paid during the life of the said H. c. And if it happen the aforesaid rent of forty pounds to be in arrear c. that then it shall be lawfull for the aforesaid H. and his assigns during her life into the aforesaid Mannor with the appurtenances to enter and distrain c. And the aforesaid A. and her Heirs will warrant to the aforesaid H. and his assigns the aforesaid rent of forty pounds with the appurtenances as it is said against â—he aforesaid A. and her Heirs during the life of the said H. for ever And for this c. A Fine of severall rents granted out of a Mannor Staff ss COmmand E. B. Widddow E. B. Gent. R. B. Gent. and R. B. Gent. that they hold to R. G. Covenant of the Mannor of H. with the appurtenances and of ten Messuages c. And the Concord is such to wit that the aforesaid Eliz Edw. Bald. Ra. Rich. have recognised the aforesaid Mannor Tenements and rent with the appurtenances to be the right of him the said R. cum Release â—â— warrant And for this c. The said Rog. hath granted to the aforesaid Edw. one annuity or yearly rent of 6 l. 13s 4 d. issuing out of the Mannor Tenements aforesaid with the appurtenances And those to them he hath rendred in the said Court. To have and perceive the said yearly rent of 6l 13. s. 4 d. to the aforesaid Edw. and his assignes during his life at the Feast of the nativity of St. John the Baptist and the Annuntiation of the blessed Virgin Mary by equall portions yearly to be paid And if it happen c. Also the said R. hath granted one annuity or yearly rent of 6l 13 s. 4 d. ut supra cum claus district And moreover the said R. hath granted to the aforesaid R. one other annuity c. of 6 l. 13 s. 4. d. in manner and form aforesaid furthermore the said R. hath granted to the aforesaid E. the aforesaid Mannor Tenements and Rent with the appurtenances And those to them he hath rendred in the said Court. To have and to hold to the aforesaid E. and his assigns during the life of the said E. of the chief Lords of the Fee c. And after the decease of the said E. the aforesaid Mannor Tenements and Rent shall wholly remain to the aforesaid E. and his Heirs To hold of the cheif c. A Fine of a Rent with a Pain of 8 l. for every five weeks that the Rent is behind for every week after the 5 weeks to forfeit 8 l. nomine Poene with a clause of distresse ANd for this c. the said A. B. have granted to the aforesaid W. and F. one annuall rent of 90 l. out of the aforesaid Mannor Tenements with the appurtenances and those to him they have rendred in the said Court. To have and perceive the aforesaid annual rent of 90 l. to the said W. F. and the Heirs of the bodies of the said W. F. lawfully begotten at the Feasts of St. Michael the Arch-angel of the Annuntiation of the blessed Virgin Mary by equal portions yearly to be paid And if it happen that the said W. F. shall dye without Heir of their bodies lawfully begotten Then after the decease of the said W. and F. the said yearly rent of ninety pounds shall wholly remain to the right Heirs of the said W. at the Feasts aforesaid yearly to be paid And if it happen the aforesaid annuall rent of ninety pounds to be in arrear and unpaid in part or in all by the space of 5 weeks after any Feast of the aforesaid Feasts wherein as aforesaid it ought to be paid if in a lawfull manner it be demanded at C. aforesaid that then and so often the aforesaid W. T. and his Heirs shall forfeit to the aforesaid W. and F. and the Heirs of their bodies lawfully begotten and also to the right Heirs of the said W. if the aforesaid W. and F. shall die without Heir of their bodies lawfully begotten eight pounds in name of a Pain And so every Nomine poene week after the aforesaid 5 weeks eight pounds as often as the aforesaid yearly Rent of ninety pounds shall be in arrear that then and so often it shall be lawfull for the aforesaid W. and F. and the Heirs of their bodies lawfully begotten and also for the right Heirs of the said W. if the said W. and F. shall die without Heir of their bodies lawfully begotten into the aforesaid Mannors and Tenements with the appurtenances to enter and distrain and the Distresses so there taken and had to lead bear and drive away and in their custody to retein untill as well of the aforesaid yearly rent of ninety pounds with the arrearages thereof if any shall be as of the aforesaid eight pounds as aforesaid in the name of Pain forfeited after the aforesaid 5 weeks and for 8 l. for every week after the aforesaid 5 weeks as aforesaid they shall be fully satisfied and paid c. A Fine in fee Farm yeilding a Rent with a distresse Essex ss COmmand T. S. of C. Esq and A. his Wife that they hold to W. D. Covenant of 5 acres of Land with
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
this c. A Fine acknowledged by I. F. Knight and M. his Wife and R. H. of 2 Messuages 1 Garden 1 Orchard and of Land Meadow and Pasture to T. B. and I. K. with warranty against all men And the Conusees by the said Fine Grant and Render to the said R. one of the Conusors in the Fine 6 acres of Land c. parcel of the Premises for one month to come next and afterwards the same to remain to one I. now the Wife of R. N. and R. N. Son of the said R. and I. during their lives the longer liver of them and after their deceases the said 6 acres of Land to remain to I. N. Daughter of the said R. and I. his Wife during her life reserving a Rent with clause of Distresse for non-payment thereof and the residue of the Premises viz. The two Messuages one Garden one Orchard c. the said Conuses grant and render to R. H. for one month and afterwards to one R. N. and I. his Wife To have and to hold to the said R. I. during their lives and the longest liver of them reserving also thereupon a Rent with a clause of Distress for non payment thereof And lastly the said Conusees do grant and render the reversion of the whole Premises and the several rents reserved upon the said Grants and Renders unto the said I. F. and M. his Wife two of the said Conusors and to the Heirs of the said I. F. for ever COmmand I. F. Knight and M. his wife and R. H. that justly c. they hold to T. P. and I. K. c. of 2 Messuages one Garden one Orchard 21 acres of Land nine acres of Meadow and 58 acres of Pasture with the appurtenances in M. And unless c. Warranty And the Concord is such to wit that the aforesaid I. M. and R. have recognised the Tenements aforesaid with the appurtenances to be the right of the said T. as those which the said T. and I. have by the gift of the aforesaid M. and R. And those they have remised and quite claimed from them the said I. M. and R. and their Heirs to the aforesaid T. and I. and the Heirs of the said T. for ever And moreover the said I. F. M. and R. have granted for themselves and the Heirs of the said I. that they will warant the Tenements aforesaid with the appurtenances to the aforesaid T. and I. and the Heirs of him the said T. against all men for ever and for this c. The said T. and I. have granted to the aforesaid R. six acres of Land 6 acres of Meadow and 46 acres of Pasture of the Tenements The Render of the parcel of the Premises aforesaid with the appurtenances and those to him they have rendred in the said Court. To have and to hold to the said R. for term of one month henceforth next to come And after that term ended the said 6 acres of Land 3 acres of Meadow 46 acres of Pasture with the appurtenances shall wholly remain to one I. the now Wife of one R. N. and to one R. N. Sonne of them the said R. N. To have and to hold to the aforesaid I. and R. during the life of them the said I. and R. and of the longer liver of either of them and after the decease of the said I. and R. the said 6 acres of Land 3 acres of Meadow and 46 acres of Pasture with the appurtenances shall wholly remain to I. N. Daughter of the aforesaid R. and I. his Wife The Rent To have and to hold to the said I. the Daughter all the life time of the said I. the Daughter yielding therefore yearly to the aforesaid T. and I. and their Heirs 108 s. 10 d. at the Feasts c. by equall portions yearly to be paid A clause of Distresse And if it happen the aforesaid annuall rent of CVIII shillings X pence or any parcell thereof to be in arrear and unpaid in part or in all after any Feast of the Feasts aforesaid wherein or in which as aforesaid it ought to be paid that then it shall be lawfull for the aforesaid T. and I. their Heirs and assigns as well during the naturall life of the aforesaid I. and R. N. now Wife of the aforesaid R. and of the longer liver of either of them as during the life of the aforesaid I. the Daughter into the aforesaid 6 acres of Land c. with the appurtenances and into every parcel thereof to enter and to distrain and the distresses so there taken it may be lawfull from them to lead and drive away and in their custody to retein untill of the aforesaid annuall rent of 108 s. 10 d. and of every parcel thereof together with the arrears thereof if any shall be they shall be fully satisfied and paid And furthermore the said T. and I. have granted to the aforesaid R. H. The render of the resiâ—ue two Messuages one Orchard one Garden sixteen acres of Land 3 acres of Meadow and 12 acres of Pasture with the appurtenances being the residue of the Tenements aforesaid And those to him they have rendred in the said Court To have and to hold to the said R. for the term of one month and after that term ended the said 2 Messuages 1 Garden 1 Orchard sixteen acres of Land three acres of Meadow and twelve acres of Pasture being the residue shall wholly remain to one R. N. and I. his Wife To have and to hold to the said R. N. and I. during the life of the said R. N. and I. and of the longer liver of Rent for the Residue them yielding therefore yearly to the aforesaid T. and I. and the Heirs of them 13 s. of lawfull money of England at the Feasts aforesaid by equal portions yearly to be paid And if it happen the aforesaid yearly rent of 13 s. A clause of Distresse or any parcel thereof to be behind and unpaid in part or in all after any Feast of the Feasts aforesaid wherein as aforesaid it ought to be paid That then it shall be lawfull for the aforesaid T. and I. into the aforesaid two Messuages one Garden one Orchard 16 acres of Land 3 acres of Meadow and 12 acres of Pastureâ— being the residue with the appurtenances and every parcell thereof to enter and distrain and the distresses so there taken it may be lawfull from thence to lead drive The render of the reversion of all the premises and all the Rents reserved away and in their custody to retein untill of the aforesaid Rent of 13 s. together with the arrerages thereof if any shall be they shall be fully satâ—fied and paid Also the aforesaid T. and I. K. have granted to the aforesaid I. F. and M. the reversion of all and singular the Tenements aforesaid with the appurtenances and all the rents aforesaid thereupon reserved And those to them they have rendred
in the said Court. To have and to hold to the said I. and M. and the Heirs of him the said I. for ever of the chief Lords of the Fee by the services which unto the aforesaid Tenements with the appurtenances do belong for ever A Fine accknowleged by G H. and D. his Wife T. S. Esq and M. his Wife of forty acres of Land to R. B. and W. N. with Warranty and the Conuses do grant and render to the said D. and to his Heirs all mines of Coles in a Close parcel of the Premises called Stanley Field with liberty to digge for the same COmmand G. H. Esq and D. his Wife T. S Esq and M. his Wife that justly c they hold to R. B. and W. W. the covenant between them made of 40. acres of Land with the appurtenances in Stanley and Spendon And unless c. And the Concord is such to wit that the aforesaid G. D. T. and M. have recognised the Tenements aforesaid with the appurtenances to be the right of him the said R. as those which the said R. and W. have by the gift of the aforesaid G. D. T. and M. and those they have remised and quite claimed from them the said G. D. T. and M. and their Heirs to him the aforesaid R. and W. and the Heirs of the said R. against the aforesaid G. D. T. and M. and the Heirs of him the said T. for ever and for this recognisance The Conusees do grant and render 〈◊〉 mines in part of the Premises to 〈◊〉 of the Coâ—â—sorâ— and 〈◊〉 to get â—heâ— c. the aforesaid R. and W. have granted to the aforesaid G. D. all mines of coales being in a field patcel of the Tenements aforesaid called Stanley Field also free ingress and egress in and upon the aforesaid Field to digge in those mines for those Coales all times of the year at the free will and pleasure of the said G. and D. and the Heirs of him the said D And all those to them they have rendred in the said Court. To have take and perceive the aforesaid mines ingresse â—gresse and liberty aforesaid with the appurtenances to the aforesaid G. and D. and the Heirs of him the said D. for ever A Fine knowledged by W. K. and K. his wife of the third part of one Messuage one Barn one Garden c. to I. K. and T. H. with warranty against all men and the said Conusees do grant and render to the said S. one of the Conusors the said third part of the Premiseâ— from Mich. or the Annuntiation c. which first shall happen to be the next after the death of one E. now the Wife of W. T. for the term of 21 years reserving a rent yearly to the Conusees with a clause of Distress for the said rent and lastly the said Conusees grant and render the reversion of the said Premises to W. K. and K. his Wife being two of the said Conusors in the said Fine and to the Heirs of the said K for ever COmmand W. K. and K. his Wife that justly c. they hold to I. K. and T. H. the Covenant between them made of the third part of one Messuage one barn one garden 30 acres of land 2 acres of meadow and 10 acres of pasture with the appurtenances in c. And unless c. Warranty And the Concord is such to wit that the aforesaid W. K. and S. have recognised the third part aforesaid with the appurtenances to be the right of the said I. as those which the said I. and T. have by the gift of the aforesaid W. K. and S. And those they have remised and quite claimed from them the said W. K. and S. and their heirs to the aforesaid I. and T. and the heirs of him the said I. for ever And furthermore the said W. K. and S. have granted for themselves and the heirs of him the said K. that they will warrant the third part aforesaid with the appurtenances to the aforesaid I. and T. and the heirs of him the said I. against all men for ever And for this recognizance the said I. and T. have granted to the aforesaid S. the third part aforesaid with the appurtenances that to him they have rendred in the said Court. To have and to hold to the said S. from the Feast The render of St. Michael the Archangel or from the Feast of the Annunciation of the blessed Virgin Mary which shall first and next happen or shall be after the death of one E. now Wife of W. T. and late wife of R. C. deceased unto the end and term of 21 years from thence next coming and fully to be compleat yeilding therefore by the year to the aforesaid I. and T. twelve pence at the Feasts of the Annuntiation of the blessed Virgin Mary and of St. Michael the Arch-angel by equall portions to be paid And if it happen the aforesaid yearly rent of twelve pence or any parcell Clause of Distress for the rent thereof to be behind and unpaid in part or in all after any Feast of the Feasts aforesaid wherein as aforesaid it ought to be paid That then it shall be lawfull for the aforesaid I. and T. their Heirs and assigns into the third part aforesaid with the appurtenances and into every parcel thereof to enter and distrain and the Distresses so there taken it may be lawfull from them to lead drive bear away and in their custody to retein untill of the aforesaid yearly rent of twelve pence and of every parcel thereof together with the arteages thereof if any shall be they shall be fully satisfied and paid Also the said I. K. The Grant of the reversion and the rent reserved upon the Lease for 21 years and T. H. have granted to the aforesaid W. and K. the reversion of the third part aforesaid with the appurtenances and the rent aforesaid above reserved And those to them they have rendred in the said Court. To have and to hold to the said W. and K. and the Heirs of him the said K. for ever of the chief Lords of the Fee by the Servicâ—s which unto the said third part do belong for ever A Fine knowledged by W. P. and M. his Wife of a Mannor c. one water-Mill one Wind-Mill three Dove-houses c. to E. B. and R. C. and the Conusees by the same Fine do grant unto the said M. a yearly rent of twelve pounds going out of the said Mannor Habendum from Mich. or the Annuntiation next after the death of the said W. P. her Husband and one of the Conusors in the said Fine during her life in the full recompence of her Title of Dower or joynture in any of the Lands of her said Husband with a clause of Distresse for the said rent And lastly the said Conusees grant and render again the said Mannor c. to the said VV. P. the Conusor and Husband to
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
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
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
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
levyed in the Court of the Soveraign Lord Charles late King c. at Westminster from the day c. in the year c. before R. B. and his Associates then Justices of the Bench aforesaid between I. G. the younger and W. G. plaintiffs and E. P. and M. his wife deforcients of the aforesaid ten Acres of Land with the appurtenances and of other Lands and Tenements in the same Fine contained by the cognizance of the aforesaid W T. of the Action of the aforesaid W. L. and others and therefore we command you that to the same W. L. and others of the aforesaid ten Acres of Land with the appurtenances without delay plenary seisin you cause to have c. Know you that it is ordered in our Court c. Habere faas seisinam upon a recovery by the defend in a Scire fac out of a Fine That T. B. Cozen and heir of W. brother of P. son of W. and M. his wife have execution against R. R. c. of 40. Acres of wood with the appurtenances in B. by virtue of a Fine in the Court of the Soveraign Lord Charles late King c. at Westminster c. between the aforesaid W. and M. plaintiffs and W. of B. and R. son of W. c. deforcients c. of the tenements aforesaid levied by default of them the said c. And therefore we command you that the same T. B. of the aforesaid tenements with the appurtenances without delay plenary seisin and execution you cause to have witness c. OLiver c. to the Sheriff greeting know Habere facias seisinam upon a recovery by the defendant in a Scire fac out of a fine you that it is ordered in our Court before our Justices at Westm that T. B. Cozen and heir of W. B. have execution against R. D. of the Manor of A. with the appurtenances in your County by virtue of a Fine levyed in the Court of the Soveraign Lord Charles late King of England c. at Westminster from the day c. in the year c. before R. B. and his Associates then Justices of him the said late King of the Granted and recorded Bench and afterwards in eight c. in the yeâ—r c. there granted and recorded between the aforesaid W. plaintiff and A. deforcient of the Manor aforesaid by the default of him the said R. And therefore we command you that to the same T. B. of the Manor aforesaid with the appurtenances without delay plenary seisin and excution you cause to have T. c. Know you that it is ordered in our Court c. Habere facias seisinam upon a recovery by verdict in a Scire facias out of a Fine that R. M. and R. A. Cozen and heir of H. of B. and M. his wife have execution against I. C. c. of two parts of the Manor of Y. with the appurtenances by virtue of a Fine levyed in the Court of the Soveraign Lord Charles late King c. at Westminster in the morrow c. in the year c. before T. W. and his Associates then Justices c. of the Bench between H. B. and M. his wife plaintiffs and B. D. and B. his wife deforcients of the aforesaid Manor with the appurtenances and of the Advowson of the Church of the same Manor as by a certain Jury before our beloved and faithfull I. T. and W. A. two Justices of the Common Bench by the form of our Statute thereof provided the day c. at R. thereof between them taken it was found And therefore we command you that to the same R. and R. of the two parts aforesaid with the appurtenances without delay execution Nisi prius and plenary seisin you cause to have T. c. Of Execution of Fines by Scire facias A Writ of Scire facias upon a Fine lyeth in the same Case that a Writ of Habere facias seisinam doth saving that it is to be sued a year and a day after the Fine is levyed wherby the Sheriff is commanded to warn the terrtenant to appear and shew cause if he can why the Cognisee or his heirs should not have execution at the return whereof if the Tenant appear and shew no cause to the Contrary the plaintiff shall have an Habere facias seisinam ut supra And the form of divers Scire facias in like case ensue OLiver c. to the Sheriff greeting Wheras a certain Fine was levyed in the Court A Scire facias out of a fine for the heirs in taile Attorney in Fine of the Lord Protector at Westminster in eight dayes c. in the â—ear c. before R. H. and his Associates our Justices of the Bench between G. P. and I. his wife plaintiffs by W. F. put in the place of them to gain or lose and S. H. deforcient of the Manor of C. with the appurtenances whereof plea of Covenant was summoned between them in the same Court that is to say that the aforesaid G. hath recognized the Manor aforesaid with the appurtenances to be the right of him the said S. as that which the same S. had by the gift of the aforesaid G. And for that recognizance Fine and Concord the same S. did grant to the aforesaid G. and I. the Render to the husband and wife and to the heirs of the hasâ—and of the body of the wife begotten rendring rent and forreign service aforesaid Manor with the appurtenances and that to them he hath rendred in the same Court To have and to hold to the same G. and I. and the heires which the same G. of the body of her the said I. should had begotten of the aforesaid S. and his heirs for ever yeelding therefore by the year one Rose at the Feast c. for all service grant and action unto the aforesaid S. and his heirs belonging and doing therfore to the chief Lords of that Fee for the foresaid S. and his heirs all other services which unto that Mannor did belong so that if it should happen that the aforesaid G. should die without heir of the body of him the said I. begot then after the decease of them the said G. and I. Remainder in tail the aforesaid Manor with the appurtenances should wholly remain to W. Brother of the same G. and the heirs of his body begotten to hold of the aforesaid S. and his heirs by the aforesaid services as aforesaid for ever And if it should happen that the aforesaid W. should dye without heir of his body begotten then after the decease of him the said W. the aforesaid Manor with the appurtenances should wholly remain to I. Brother of the same W. and the heirs of his body begotten to hold of the aforesaid S. and his heirs by the aforesaid services as aforesaid for ever And if it should happen the aforesaid I. to die without heir of his body begotten then after
the decease of him the said I. the aforesaid Manor with the appurtenances should wholly remain to E. Brother of the same I. and the heirs of his body begotten to hold of the aforesaid S. and his heirs by the aforesaid services as aforesaid for ever And if it should happen that the aforesaid E. E. should dye without heir of his body begotten then after the decease of him the said E. the aforesaid Manor with the appurtenances should wholly revert unto the aforesaid S. and his heires quite from other the heirs of them the said C. and I. W. and I. and E. to hold of the chief Lords of that Fee by the services which unto that Manor should belong for ever And now by the information of I. L. and M. his wife being one and T. V. and T. his wife being another also of H. B. being the third of the Cozens and heirs of the aforesaid G. and I. of their bodies begotten we have received that the aforesaid G. and I. are dead And that T. L. and R. I. into the aforesaid Manor with the appurtenances now are entred and it they hold against the form of the Fine aforesaid And for that we will those things which are done in our Court be duly demanded for execution we command you that by honest and lawfull men of your Bayliwick you cause the aforesaid T. L. and R. to know that they be before our Justices at Westminster in 8. dayes c. to shew if they have or know any thing to say for themselves wherefore the aforesaid Manor with the appurtenances which they hold in form aforesaid after the death of the aforesaid G. I. to the aforesaid M. T. and H. Cozens and heirs of them the said G. and I. of their bodies begotten ought not to remain according to the form of the Fine aforesaid if it shall seem expedient to them and have you there the names of them by whom you shall cause them to know and this Writ witness c. OLiver To the Sheriff greeting Whereas A Scire fa. for the Heir of him in remainder a certain Fine was levyed in the Court of the Soveraign Lord James late King c. tali die Anno before A. and his Associates then Justces of the same Soveraign Lord James of the Bench between W. plaintiff R. Deforcient of the Manor of T. with the appurtenances whereof plea of Covenant was summoned between them in the same C. to wit that the aforesaid R. hath recognized the aforesaid Manor with the appurtenances to be the right of him the said W. as that which the same W. had by the gift of the aforesaid R. and for that recognizance Fine and Concord the same W. had granted to the aforesaid R. the aforesaid Manor with the appurtenances to have to hold to the same R. of the aforesaid W. and his Heirs Males of his body begotten all the life of him the said R. yeelding therefore by the year c. And after the decease of him the said R. the a-aforesaid Manor with the appurtenances shall wholly remain unto the aforesaid W. and his Heirs quite from the Heirs of the aforesaid R. to Render for life with revertur to him in tail remainder over in tail hold of the chief Lords of the Fee by the services which unto that Manor should belong for ever and if it should happen that the aforesaid R. should dye without Heir Male of his body begotten the aforesaid Manor with the appurtenances should wholly remain to T. Brother of him the said W. and to the Heires Males of his body begotten to hold of the chief Lords of that Fee by the services aforesaid for ever and now by the insinuation of A. son and Heir of the aforesaid T. we have received that the aforesaid R. is now dead and that the aforesaid W. dyed without Heir Male of his body begotten and that I. into one Messuage c. with the appurtenances which were parcell of the Manor aforesaid now is entred and those holdeth against the form of the Fine aforesaid And for that we will those things c. if he hath or knoweth any thing to say for himself wherefore the aforesaid tenement with the appurtenances to the aforesaid A. son and heir of the aforesaid T. ought not to remain according to the form of the Fine aforesaid if it shall seem expedient to him c. And have you c. Scire facias against severall tenants Return of sc fecit And now here at this day came as well the aforesaid I. S. by S. his Artorney as the aforesaid W. and A. by F. his Atturney and the Sheriff returned that he caused the same W. and A. to know of being here at this day to shew severally in form aforesaid by R. and F. honest c. And hereupon the aforesaid I. saith that he is Cozen and Heir of the aforesaid I. and Cozenage alleged E. that is to say c. and prayeth against the aforesaid W. and A. severally execution in form aforesaid c. And now the aforesaid W. and A. as to the A bar that the parties to the Fine had nothing in the land at the time of the fine but I. whose estate the tenant hath aforesaid tenements whereof execution against them is prosecuted and the aforesaid R. and I. as to the aforesaid tenements whereof execution against them is severally prayed severally do say that neither the aforesaid I. nor the aforesaid W. and B. whom by the Fine aforesaid he supposeth to be parties of that Fine have nothing in the tenements aforesaid with the appurtenances whereof execution against W. and A. is severally prayed at the time of the levying of the same Fine but that one I. and C. was thereof seised at the time of the levying of that Fine of which estate of the said I. C. in those tenements whereof execution against them is prayed which the aforesaid R. and I. severally have in the tenements aforesaid wherof execution against them is severally prayed they severally pray Judgement whether the aforesaid I. execution thereof against them ☞ ought to have c. And the aforesaid I. saith that at the time of the levying of that Fine the aforesaid I. and I. who were parties of that Fine were seised of the tenements aforesaid Issue that I◠was seised at the time of the Fine levyed with the appurtenances whereof execution against the aforesaid W. and A. severally in form and manner aforesaid is prosecuted as by that Fine it is supposed And this he prayeth c. therefore 12 c. A Scire Facias upon a Fine WHereas a certain Fine was levyed in the Court of the Soveraign Lord E. heretofore King of England our Grand-father from the day of the Holy Trinity in 15. dayes in the year c. before I. of B. and his Associates then Justices itinerate of him our said Grand-Father at York between Alan plaintiff
and A. defendant of ten pounds of Land with the appurtenances in A. in the Manor of L. in the County of N whereof plea of Covenant was summoned between them in the same Court to wit that the aforesaid Alane hath recognized the aforesaid tenements with the appurtenances as in his demeasne Rents c. and in all other things unto the aforesaid tenements belonging to be the right of him the said Alane furthermore the same A. hath given granted to the aforesaid Alane five marks of rent with the appurtenances in A. in the County of R. and all the Manor of B. with the appurtenances in your County as in his demeasne c. To have to hold to the same Alane and E. his wife and the Heirs of the bodies of them the said Alane and E. begotten of the chief Lords of those Fees for ever doing therefore all the services wkich unto the aforesaid tenements should belong and the aforesaid A. and his Heirs did warrant to the same Alane and E. and their Heirs aforesaid all the aforesaid tenements with the appurtenances by the aforesaid services against all Nations for ever and if it should happen that the aforesaid A. and E. should dye without Heir of the bodies of them the said Alane and E. begotten c. And the aforesaid A. and his Heirs did warrant to the same Alane and E and their Heirs aforesaid all the aforesaid tenements with the appurtenances by the aforesaid services against all Nations for ever and if it should happen that the aforesaid A. and E. should dye without Heirs of the bodies of them the said Alane and E. begotten after rhe decease of them the said Alane and E. the aforesaid tenements with the appurtenances unto the aforesaid Alane and his Heirs wholly should revert quite from other Heirs of them the said A. and E. for ever and now by the insinuation of Anthony de L. and I. Cozens and Heirs of the aforesaid Alane we have received that the aforesaid Alane and E. are now dead and that John Son and Heir of the same Alane and E. died without Heir of his body begotten and also William Son of the aforesaid Alane and E. and Brother and Heir of the aforesaid John now is dead without Heir of his body begotten and that one Joan which was the wise of John of W. into the aforesaid Manor of B. with the appurtenances is entred and that holdeth contrary to the form of the Fine aforesaid And therefore we commanded you that by good and lawfull men of your County you should cause to know to the aforesaid Joan that she should be before our Justices at Westminster from the day of Saint Michael in 15. dayes last past to shew if she might have or could know any thing to say for her self wherefore the aforesaid Manor of B. with the appurtenances to the aforesaid Anthony and I. Cozens and Heirs of the aforesaid Alane should not revert if it did seem expedient to her and for that the same I. afterward in our said Court said that the aforesaid Anthony prosecuted execution of the Fine aforesaid of the moiety of the Manor of B. against the aforesaid Joan the same Joan came in the same Court and said that she holdeth the aforesaid Manor of B. with the appurtenances by the name of the Manor of R. by the demise of N. of C. and that the reversion thereof after the death of the same Joan unto the aforesaid N. belongeth without whom she cannot answer to the aforesaid Antbony of the aforesaid moiety of the Manor aforesaid and prayeth aid of him the said Nicholas And therefore we command you that by good c. you cause to know to the aforesaid N. that he be c. at Westminster from the day c. to answer to the aforesaid A. together with the aforesaid Joan of the aforesaid Plea if he will And have you their the names c. T. c. Whereas a certain Fine was levyed in the Scire fac super Ayd Court of the Soveraign Lord E. late King of England our Grand-father in the Term of the Holy Trinity in the year c. before A. and his Associates then Justices itinerate of him our said Grand-father at E. between B. plaintiff and C. deforcient of ten pounds of rent with the appurtenances in B. in the Manor of S. in the County of E. whereof Plea of Covenant was summoned between them in the same Court to wit that the aforesaid C. did recognize the tenements aforesaid with the appurtenances as in his demeasne rents c. and in all other things unto the aforesaid tenements belonging to be the right of him the said B. furthermore the same C. did give and grant to the aforesaid B. five marks of rent with the appurtenances in A. in the County of S. and all the Manor of D. with the appurtenances in the same County as in his demeasnes To have and to hold to the same B. and E. his wife and the Heirs of the bodies of them the said B. and E. issuing of the chief Lords of the Fee for ever doing therefore all the services which unto the aforesaid tenements should belong And the aforesaid C. and his Heirs did warrant to the same B. and E. and their Heires aforesaid all the aforesaid Manors with their appurtenances by the aforesaid services against all Nations for ever And if it happen that the aforesaid B. and E. should die without Heir of the bodies of them the said B. and E. begotten then after the decease of the aforesaid B. and E. the aforesaid tenements with the appurtenances unto the aforesaid C. and his Heirs should be wholly reverted quite from other Heirs of them the said B and E. for ever And now by the insinuation of R. and K. Cozens and Heirs of the aforesaid C. we have received that the aforesaid B. and E. are now dead and that I. Son and Heir of the fame B. and E. died without Heir of his body begotten and also W. Son of the aforesaid B. and E. Brother and Heir of the aforesaid I. is now dead without Heir of his body issuing And that one I. which was the wife of I. W. into the aforesaid Manor of D. with the appurtenances now is entred and doth hold it against the form of the Fine aforesaid And therefore we commanded you that by honest c. you should cause to know to the aforesaid I. that he should be before c. tali die to shew if any thing c. wherefore the aforesaid Manor with the appurtenances to the aforesaid R. and K. Cozens and Heirs of the aforesaid C. should not revert if it had seemed expedient to him and for that that the same K. afterward in our said Court being come and having said that the aforesaid R. prosecuted execution of the Fine aforesaid of the moiety of the Manor aforesaid of D. with the appurtenances against the aforesaid I. the same
after the death of the particular tenant the plaintiff needeth not to shew how Cozen and Heir so long as the Plea hath continuance by idem dies c. given to the tenant nor at his appearance nor untill the plaintiff pray execution And then the * How Cozen and Heir Coment Cozen and Heir is to be entred thus in the Roll only And the aforesaid I. saith that he is Cozen and Heir of I. W. that is to say son and Heir of T. W. of the Brother and Heir of the same I. W. 33 H. 6. 54. 41 Ed. 3. 13. and 24. 8 H. 4. 31. Bastarday In Scire facias by him in the remainder upon an estate tail against A. B. supposing the donee to be dead without issue if A. B. plead that he is issue to the donee and the plaintiff replyeth that he is a bastard it is a good replication 40 E 3. 16. Vpon estate executed Scire facias upon a Fine levyed to T. R. and W. and to the Heirs of the body of R. the remainder to the right Heirs of the said W. T. died and R. died without issue and W. survived and died his Heirs need no Scire facias to execute this Fine because it is executed in his life by the union of the Fee and Franktenement in W. 40 E. 3. 20. And so if a Fine be levyed to a Baron and Feme and to W. and his Heirs and he dieth and then the Baron and feme do dye the Fine is executed for one moiety in the life of W. Fitzh Scire facias 19. 43 E. 3. 9. 24 E. 3. 57. Ayd Tenant for life in Scire facias had aid of him in remainder 41 E. 3. fo 16. 20. 22 E. 3. 12. Death shewed In formedone in reverter or remainder the demandant must mention the death of every one which had estate and survived his Ancestor but not so in a Scire facias surfine 42 E. 3. 19. Severall estates If the plaintiff have severall estates created by one Fine he needeth but one Writ of Scire facias 43 E. 3. 11. though it be of severall things against severall tenants 11 H. 4. 15. 21 E. 3. 14. 24 E. 3. 25. Default If in a Scire fa. the Sheriff return the party summoned and he appear not execution shall be awarded 43 E. 3. 13. Reversion If a Fine sur cognisance de droit come ceo c. be levyed of a reversion by the name of the Land it is not executory 43 E. 3. 15. Seigniory If the services escheat after a Fine levyed of the Seigniory the Cognisee shall have execution of the Land escheated 48 H. 3. 11. Of things out of the Writ A Scire fa. lyeth sometimes of things not comprized in the Writ as if in a Fine sur release the Cognisee render rent in tail 48 E. 3. 8. Execution by entry of him in remainder If Land be given by Fine for life the remainder to Baron and Feme in tail and the Baron dieth and then the Tenant for life dieth and the Feme entreth the Fine is executed so as their issue needeth no Scire facias 49 E. 3 12. Of a reversion Scire fa. lyeth for the donor in tail against any that abated after the death of the donee in tail by Fine without issue 22 E. 3. 12. Upon generall non tenure pleaded the plaintiff Non tenure generall or special Nihil returned may take execution at his perill But speciall non tenure seemeth a good Plea 7 H. 6. 25 A man shall not have excution upon nihil returned because the tenant may be summoned in the Land demanded 24 E. 3. 25. Half blood If a Fine be levyed to husband and wife in tail the remainder to his right Heirs and they having issue the husband dyeth the wise hath issue by another husband and dieth the issue by the first husband entreth and dyeth without issue and his next heir entreth as into the remainder in Fee against whom the issue by the second husband bringeth a Scire fa. and recovereth by reason that the Fee could never execute in possession in the Elder Brother during the State-tail 24 E. 3. 30. and 62. Feoffment Feoffment with warranty from the plaintiffs Ancestor is a good Plea in a Scire fa. upon a Fine 22 H. 6. 39. The Heir shall have his age in Scire fa. Contr. Westm 2. ca. 45. 24 E. 3. 28. and 60. What Fines with Proclamations bar not the issue in Tail NO Fine levyed by tenant in tail barreth his issue maintenant but where the tenant in tail is Cognisor as if tenant in tail bring a Writ of Covenant against an estranger and he recognize the Land to be the right of the tenant in tail as that which he hath of his gift c. and the tenant in tail grant and render the Land to the Cognisor for years yeelding rent c. and die this Fine is void against the issue in tail M. 10. and 11 Eliz. Dyer fo 279. p. 7. 36 H. 8. Br. Fines 118. A Fine with Proclamation levyed by tenant in tail the reversion or remainder being in the King bindeth not the issue in tail as it seemeth Br. Fines 121. But if such Lands were entailed by the King such Fine barreth not the issue in tail 32 H. 8. Cap. 36. If an estranger levy a Fine to tenant in tail sur cognizance de droit come ceo que il ad de son done and he rendreth to him a rent in Fee and dye after Proclamation yet the issue in tail may avoid it for he is remitted and the rent is another thing then the Land 15 E. Plo. fo 435. per Thornton If tenant in tail of an Advowson grant and render by Fine the nomination of the Clerk it is void 15 Eliz. Plo. f. 435. b. per Thornton If tenant in tail of a rent disseife the Tenant of the Land and levy a Fine with Proclamation of the Land the issue in tail is not barred for the rent because rhe Fine was not levyed of the rent but of the Land per Thornton and granted 15 Eliz. Plo. f. 435. b. If tenant in tail grant a rent by Fine his issue may avoid it 15 Eliz. Plo. 436. 14. A. ss p. 4. What time after a Fine levyed and Proclamation made any man hath to enter or claim by action or otherwise and who are thereby barred forthwith and who not Hitherto of the forms and execution of Fines now let us see how they may be avoyded .. TO know what time persons that have cause toenter or claim may enter or clai master a Fine levyed many things are to be weighed for some persons have more time and some less for the discussing of which question we must not only consider the quality of the persons that should claim or enter but also the quality of their rights and estates And the persons be
now in of a new estate Fitz. Nat. fo 135. a. So if A. disseise B. and enfeoffe C. with warranty who infeoffeth D. with warranty upon whom an estranger entreth in whose possession B. the disseisor releaseth his right now all former warranties are extinct And albeit D. is impleaded yet shall he not have warrantia Chartae because he is in of another estate by wrong Fitz. Nat. 135. g. 11 H. 6. 41. 22 H. 6. 22. Release by Jointenant If there be three joynt tenants and the one release to the rest they may deraign the former warranty by vowcher or warrantia Charitae for they be in a 3. part by the release 40 E. 3. 41. Villenage Warrantia Chartae lyeth against a villain 48 E. 3. 17. The Writ of Warrantia Chartae must be sued hanging the principall Plea and before Judgement as of Assise or Entry in the nature of assise 48 E. 3. 2â— Registr orig fo 158. a. for then if the warranter do die yet the Writ shall not abate but his Heir shall be resummoned to answer upon the same yet may a warrantia Chartae be sued before he be impleaded quia timet implacitari and the plaintiff shall recover in value pro loco tempore of such Lands as the defendant had at the purchasing of the Writ Fitz. Na. f. 134. E. 12 H. 4. 12. 21 H. 6. 41. 22 H. 6. 22. 24 E 3. 35. But he must not have execution but if afterwards he be put out by Judgement he shal have his warranty upon his first recovery 21 H. 6. 41. 21 H. 6. 22. 12 H. 4. 12. Non tenure In warrantia Charitae it is a good Plea for the defendant that hanging the Plea the demandant in the principall Plea hath entred upon the plaintiff being then tenant of the Land or that the plaintiff in this action had nothing in the Land the day of the first Writ purchased nor at any time after 21 H. 6. 49. 3 E. 3. 4. 5 E. 3. 5. County Warr. Chartae may be brought in any County if the deed bear not date in a place certain 31 E. 3. Tenant in Common Tenants in Common may joyn in Warrantia Chartae 28 E. 3. 90. Count by Baron Feme upon a fine with warranty I. H. Son and Heir of Isabel which was the wife of R. was summoned to answer I. T. and I. his wife of a Plea that they warrant to them one Messuage with the appurtenances in S. which of him he holdeth and of him claymeth to hold and whereof the Charter of Isabel Mother of the aforesaid I. H. whose Heir he is he hath c. and whereof c. he saith that a certain fine he levyed in the Court of the Lord Protector now in 8. dayes of Saint Hillary in the year c. before T. B. and his Associates then Justices of c. of the Bench between them the said I. T. and I. plaintiffs and R. of B. and the aforesaid Isabell then his wife deforcients of the Messuage aforesaid with the appurtenances among other Lands and tenements by Inter alia per nomen the name of c. with the appurtenances in S. in the County aforesaid by which fine the aforesaid R. and I. have granted for themselves and the Heirs of him the said I. that 4. Acres of land A fine of the reversion with the appurtenances of the aforesaid tenement which G. and M. his wife held for term of the life of her the said M. of the inheritance of the aforesaid Isabel in S. aforesaid the day that this Concord was made and which after the decease of her the said M. unto the aforesa R. and I. and the Heirs of her the said Isabell ought to have reverted after the decease of her the said M. wholly should remain to the afore-I and I. and his Heirs aforesaid to hold together with the aforesaid tenement which to them by that fine remained of the aforesaid R. and Isab and the Heirs of her the said I. by the aforesaid services as aforesaid for ever And Tail the same R. and Isab likewise have granted for themselves and the Heirs of her the said I. that they would warrant to the aforesaid I. and I. and their Heirs the aforesaid tenements with the appurtenances as aforesaid against all men for ever And if it should happen that the same I. and I. should die without Heirs of their bodies issuing then after the decase of them the said I. and I. the aforesaid tenements with the appurtenances as aforesaid should wholly revert unto the aforesaid R. and I. and the Heirs of her the said I. quite from other Heirs of the aforesaid I. and I. to hold of the chief Lords of that Fee by the services which unto the aforesaid tenement do belong for ever and the aforesaid R. and I. afterwards died whereby unto them the said I. T. and I. belonged to have of the aforesaid I. H. as son and heir of him the said I. his warranty aforesaid And one I. R. arraigned a certain assise of novell disseisin before T. W. and I. Justices of the Lord Protector now at the Assizes in the County aforesaid assigned to be taken against them the said I. T. and I. of the aforesaid tenementse and the same I. T. I. have often required him the said I. H. as son and Heir of her the said Isab to warrant to the same I. T. and I. the aforesaid tenements and the same I. H. those tenements so to warrant hath denyed and as yet doth deny whereupon they say that they are the worse and have damage unto the value of 100 l. And thereupon they bring sute c. A Count upon a deed with warranty I. T. was summoned to answer H. W. of a Plea that he render to him one Messuage c. with the appurtenances in B. which of him he holdeth and of him doth claim to hold and whereof he hath his Charter and whereupon c. he saith that whereas the aforesaid I. was seised of the tenements aforesaid with the appurtenances in his demeasne as of Fee and so thereof being seised by his certain Charter which the same H. here in the Court bringeth forth the date whereof at B. tali die Anno. c. did give grant and confirm to the same H. the Tenements aforesaid with the appurtenances Inter alia per nomen amongst other Lands c. by the name as in the Deed c. to have to the same H. His Heirs and assignes for ever and did bind himself and his Heirs to warrant to the same H. his Heirs and Assignes the tenements aforesaid with the appurtenances against all men for ever And the same H. by virtue of that gift oâ— the tenements aforesaid was seised in his demeasne as of Fee and one T. arraigned against him the said H. an assise of novel disseisin of the aforesaid Messuage and Lands with
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.
the 19. day of S. in the year c. at B. aforesaid by his certain Charter which the same W. R. with the Seal of the aforesaid F. signed here in Court produceth the date whereof is the same day and year gave and granted the tenements aforesaid with the appurtenances to the aforesaid W. R. to have to him and his Heirs for ever and furthermore the aforesaid F. by the Charter aforesaid the tenements aforesaid with the appurtenances to the same W. and his Heirs against all men did warrant as by that Charter more fully it appeareth by virtue of which said gift and grant the same W. was and as yet is seised of the tenements aforesaid with the appurtenances in his demesne as of Fee and so thereof being seised one D. D. arraigned against him the said W. an Assise of novel disseisin of the aforesaid tenements with the appurtenances before I. C. one of the Barons of the Exchequer of the Lord Protector and F. R. one of the Serjeants at Law of him the said Protector Justices of the same Lord Protector at the Assizes in the County aforesaid assigned to be taken according to the form of the Statute c. whereby the same W. R. hanging that assise often required the aforesaid F. that he the aforesaid tenements with the appurtenances to the same W. would warrant and the same F. those tenements with the appurtenances to the same W. 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 a hundred pounds and thereupon he bringeth sute c. OF RECOVERIES FOR Assurances c. IN every recovery are to be regarded the demandant the Tenant of the Land and the vouchee as the efficient causes thereof The Land demanded as the matter which must as certainly be set down in Writs of entry as in Writs of Covenant whereupon Fines are levyed The end and effect of such recoveries is to discontinue and destroy estates tailes remainders and reversions and bar the former owners thereof The demandant is he that bringeth the Writ of entry and may be termed the recoverer The tenant is he against whom the Writ is brought and may be termed the recoveree The vouchee is he whom the tenant voucheth or calleth to warranty for the Land in demand And such persons may be demandants Tenants and vouchees in these recoveries as may be cognizors and cognizees in Writs of Covenant and by such names mutatis mutandis Saving if that any recovery be had against tenant in tail the reversion or remainder being in the Kings of England their progenitors and Successors such recovery will neither bar the issue in tail of his entry nor discontinue his estate nor pluck such reversion or remainder out of them 34 H. 8. ca. 20. Quaere tamen si tiel recovery bar issue in tail during the continuance of the esiate tail Dyer fo 132. pl. 1. Item before such persons by such means and in such manner may warrants of Atturney be acknowledged and certified as fines knowledged in the Country saving that the recognizance of warrants of Atturney may be taken by any Justice or Serjeant without a Writ of Dedimus potestatem And fines must be paid upon Writs of Entry as upon Writs of Covenant And all such Writs of entry must be signed by the Protectors Atturney before they can be Sealed In a Recovery with double voucher the fine must be sued first to make him tenant at the time of the Writ of Entry brought for every Writ of entry must alwayes be brought against him that is tenant of the Freehold of the Land demanded at the time of the Writ brought 18. R. 2. and Dyer fo 252. pl. 98. for that that the estate of the tenant in tail which is vouchee is barred in respect of the Assets only which is or may be recovered in value Pl. Bassets vers Manxell fo 11. a. and of execution sued by the tenant against him And if the tenant have but an estate for life or in dower or by the Curtesie then to have a good recovery thereof it is meet that such tenant make a conditionall surrender of his estate to him in the reversion or remainder to the end he may be a present Tenant of the inheritance and then to bring the Writ of entry against him and after that the recovery is executed the particular tenant for breach of the condition may enter and enjoy his Term notwithstanding such surrender In a recovery with a single voucher are included two Recoveries viz. one at the sute of the demandant against the Tenant and another at the sute of the tenant against the vouchee And if it be with a double voucher there are incuded in it three recoveries one by the demandant against the Tenant one other by the tenant against the vouchee and the third by the first vouchee against the second vouchee And in a recovery with a treble voucher are included 4. recoveries whereof three are such as were last mencioned the fourth is a recovery by the second vouchee against the third and in these recoveries the demandant hath judgement to recover the Land against the tenant and the tenant hath likewise Judgement to recover in value against the vouchee and if it be with a double voucher the first voucher hath also the like Judgement to recover in value against the second and if it be with a treble voucher the second vouchee hath the like Judgement against the third And the record also maketh mention of the execution of the Judgement against the tenant by Entry or a Writ of Habere fac seisinam accordingly And when such Recovery is so executed the uses agreed upon do forthwith arise out of the Lands Tenements c. so recovered according to the mutuall agreement of the parties The scope of a common Recovery with a single voucher is to bar the tenant and his Heirs of such only estate tail which then is in him to bar others of such estates as they have of any reversion expectant or remainder dependant upon the same And of all Leases and incumbrances derived out of such reversions or remainders The scope of a Common Recovery with a double voucher is to bar the first voucher and his Heirs of every such estate as at any time was in the same voucher or any of his Ancestors whose Heir he is of such estate and all other persons of such right to a reversion or remainder as were thereupon at any time expectant or dependant and of all Leases Charges and incumbrances derived out of any such reversion or remainder and that will be also a perpetual bar of such estate whereof the tenant was then seised of in reversion or remainder expectant or dependant upon the same c. The scope of a common recovery with a treble voucher is to make a perpetuall bar of the estates of the tenant and of every such estate of inheritance
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