York ss BEtween A. B. Plantiff and C. D. Deforcient of 2 Messuages 2. Cottages 100 acres of Land 40 acres of Meadow 20 acres of Pasture one acre of Wood 8 acres of Ling and Heath and one penny Rent with the appurtenances in A. A Note of the Fine whereof Plea of Covenant was summoned between them c. that is to say that the aforesaid John hath recognised the Tenements and Rent aforesaid with the appurtenances to be the right of him the said A. and hath granted for himself and his Heirs that the aforesaid Tenements and Rent with the appurtenances which the aforesaid G. and I. hold for term of the life of him the said I. of the Heirs of the aforesaid C. the day wherein this Concord was made which after the decease of him the said I. unto the aforesaid C. and his heirs ought to revert after the decease of him the said I. shall wholly remain to the aforesaid A. and his Heirs to hold of the chief Lords of that Fee by the Services which unto the aforesaid Tenenement and Rent do belong for ever And for this recognisance grant fine and Concord the said A. hath given to the aforesaid B. 100 Marks sterling Upon which note before the ingrossing of the Fine if it be of a remainder reversion rent or Seigniory writs of Qâ—iâ— Juris clamat per quae servicia or quem reddiâ—um reddit must be sued as the case requireth Plo. fo 43. b. 22. H. 6. 13. Quid Juris clamat Quid Juris clam is a Judicial writ issueth â—ut of the Record of the Fine remaining in the keeping of the Custos brevium of the Common place Plo. 43. b. before it be ingrossed for after the ingrossing it cannot be had Plo. fo 431. b. 22 H. 6. 13. F. Nat. Br. 147 a. which lyeth for the grantee of a reversion or remainder when the particular Tenant will not atturn to enforce him to atturn 22. H. 6. 13. Plo. 431. b And it is made in this form Summons O. c. To the Sheriff greeting we command you that you cause to come before our Justices c. â—ali die G. and A. his Wife to know what right they claim in one Messuage c. with the â—pâ—urtenances in B. which Tenements with the appurtenaâ—ces M. who was the Wife of G. in our Court c. hath granted to A. of B. by a Fine thereof there between them made And have you c. And the final cause of this writ of quid Juris clamat is that the grantee or cognisee of the reversion or remainder may by that Atturnment of the particular Tenant be enabled if cause be given to bring an Action of wast or to avow for rent reserved or services behind which he cannot do without Atturnment Plo fo 431. b. 22. H. 6. 13. Tenant in Dower Tenant in Dower shall atturn though the writ suppose her to be Tenant for life because she claimeth no greater estate than Frank Tenement Hil. 3. E. Fitz. Quid Juris clamat 3. yet it seemeth she thereby looseth her warranty and advantage to be newly endowed if she be evicted 10. E. 3. Fitz. Quid juris clamat c. 41. If a gift be for life the remainder for life the writ must mention the remainder Hil. 3. E. 3. 15. Fitz. Fines 9. It is meet therefore to learn who are compellable hereby to atrurn and who not and by whom What Persons may obtain Atturnment by Quid Juris clamat and what not Grantee of a reversion THe grantee of a reversion voyd of impediment 34. H. 6. b. Fitz. Na. Br. fo 168 b. F. N. B. 147 a. Infant But an Infant cannot because if a Lease for life without impeachment of wast be pleaded in Barr he cannot confess it 43. E. 3. 5. Contr. 23. E. Fiz quid Juris c. 42. Nothing in the reversion Feme Covert If the Cognisor have nothing in the reversion the Tenant shall not atturn Lib. Int. fol. 436. A Fâ—me Covert without her Husband albeit the Fine was levyed when she was sole 11. H 4. 7. Divers If there be divers Pleas and one die hanging the Plea yet shall the Tenant atturn to the rest 48. E. 3. 32. Divers Or if divers sue the writ and one be non-suit yet attournment shall be unto the other without Summons and severing of the other 46. E. 3. 32. Abbot Abbot avera atturnment dum ten pur vie sans mre licence et nest forfeiture 17. E. 3. 7. Disseasor If Cognisee discease the Tenant of part he shall have no atturnment 19. E. 2. Fitz. Quid Juris c. 46. What Persons be compellable to atturn by Quid Juris clamat and what not T. for life THe writ of Quid Juris clamat lyeth against the particular Tenant of the Land for life 34. H. 6. b. Nat. Br. fo 168. b. Fitz. Nat. fo 147. a 49. h. though he be but a Tenant for life of Land holden in Capite or a Feme Covert Feme Covert 45. E. 3. 11. And a Tenant for years shall atturn 3 H. T. for years 4. 3. T. In tail But Tenant in tail is not compellable because of the estate of inheritance which is in him 38. E. 3. 20. Nor Tenant in tail after T. in tail after possibilities c. possibility of issue extinct for the inheritance that was once in him 43. E. 3. 1. 46. E. 3. 13. et 72. T. for life of Lands in Capite A particular Tenant for Lands holden in Capite is not compellable to atturn without sight of Licence of alienation lest his Lands should be subject to a Fine for the alienation without licence 45. E. 3. 6. Executors If A. and B. have an estate for ten years as executors and B. have five years in reveruÌ„on in his own right he must atturn because he is possessed of the whole term and the attornment of one executor of a Term is good enough 32. E. 3. Fitz. Quid Juris 5. p. Stanh T. pur vie ove A. pur ans But if A. Lease to B. and C. for six years and after confirm the Estate of B. for life the note of the fine shall make mention of B. onely per Seton 32. E. 3. Fitz. Quid Juris c. 5. T. in Dower T. by the Courtesie If Tenant in Dower or by Courtesie grant their estate yet the Quid Jur. clam lyeth against them for none but they can be Tenant in Dower or by the Couttesie 18. E. 3 5. T. for years upon Condition If a Leasee for years with livery be upon Condition that if the Leasee pay 10 pound such a day or the Leasor die within the term c. He shall have Fee if before the day the Lessor alien by Fine this Tenant shall atturn salvis advantagijs And yet if he pay the ten pounds at the day or
son which is Heir to his Brother he shall have new five years after he come to his full age because he is the first to whom the right descended after the Proclamation by reason of the discent which was before them Plo. f. 374. b. But if an Estranger to a fine to whom a remainder or other title first accrueth after the fine do not pursue hls right within five years he and his issue are barred for ever 16 H. 8. Dyer f. 3. pl. 6. And in like manner if the first issue in tail to whom the title of the intail first accrueth neglect his five years the whole estate tail is thereby bound for ever 32 H. 8. Br. fines 100. If he which abateth after the death of a tenant in Fee make a Feoffment upon condition and the Feoffee levy a fine and five years after Proclamation pass without entry or claim made by his Heir the Heir is barred But if afterwards the condition be broken and the abator therefore enter then the Heir may have an Assise of Mort dauncester against the abator or entry upon him at any time and he hath no defence For if he plead in bar of the assise the Fine levyed to the Cognisee and that he hath his estate the speciall matter of the abatement condition and reentry may be pleaded in defence thereof for he can never challenge priviledge by the estate of the Cognisor which he himself defeated Plo. fol. 358. b. 7 Eliz. Of Estrangers having no right for any cause before the Fine BUt Estrangers to Fines having neither present nor future right c. at the levying thereof by reason of any matter had before the fine whose right groweth either intirely after the Proclamation or partly before or partly afrer may enter or claim when they please within the time of the prescription As if the Father die seised his eldest son being professed and the younger son entreth and is disseised and a Fine with Proclamation levyed and after the elder son is deraigned it seemeth he is bound to no time Plo. f. 337. a. Dower So if the husband levy a fine of his own Lands whereof his wife is dowable and die and five years pass after his death she is not barred of her dower because her title to be endowed accrued after the fine levyed namely by the death of her husband for before his death she had only possibility of dower and not any right title or interest thereunto Plo. fo 373. And if a Tenant cease one year and then a Fine with Proclamation is levyed And afterwards a Tenant ceaseth another year the Lord may have his cessavit per biennium 20. years after the Proclamation made because his right and title groweth partly before the Fine and partly after the fine levyed that is at the end of the two years of his Tenants ceasser Plo. fo 373. b. Of Estrangers having divers future rights by divers Titles BUt if Estrangers to Fines have severall future rights by divers titles growing at severall times it seemes that they shall have several five years to make entry or claim commencing from such time as their severall titles first accrue unto them As if tenant for life the remainder in Fee make a Feoffment in Fee And the Feoffee levy a fine with c. and he in the remainder suffer the first five years to pass he is by his laches barred of his entry for the forfeiture growing by the alienation of his tenant during his tenant for life because he had present right at the levying of the fine to enter for the same yet if after the tenant for life do dye he hath other five years to bring his Formedon in remainder because that is a new title or right by which he could not have his Formedon during his tenant for life And he had his election to take advantage of the forfeiture or not Plo. f. 573 b. Quaere for there â—atlyn thinketh otherwise because his right to the Land by the forfeiture accrued to him in the life time of his tenant for life If I. S. be tenant pur auter vie the remainder to another for life the remainder to the same I. in Fee and I. S. is disseised and the disseisor levyeth a Fine with Proclamation and the five years pass I. S. is bound for his future and present estate for life But if cesuy qui vie and he in the mean remainder die now I. S. shall have other five years to enter for his remainder in Fee for it then first remaineth unto him by the death of him in the mean remainder and cesuy qui vie for cause grown wholly before the fine that is the State so made before which is another title Plowden 367. h. per Welsh and divers Justices Plo. 367. b. In like manner if Land be given to I. S. for the life of A. the remainder to him for the life of B. the remainder to him for the life of C. and he is disseised and the disseisor levyeth a fine with Proclamation now I. S. for his present right hath five years by the first Saving of the St. 4 H 7. ca. 24. And five years after the death of A. by the second Saving which is of future right and other five years after the death of B. for his second remainder for quando duo Jura in una persona concurrunt aequum est acsi essent in diversis Plo. 368. a. If any man disseise a feme sole and after marry her and have issue by her and the Baron is disseised before marriage or after and a fine with Proclamation levyed first the Baron and after the feme die within five years the issue being of full age the five years past he is thereby bound as Heir to his Father but hath other five years after the death of his Mother to enter for albeit it is but one self same Land yet the Heir hath severall rights thereunto growing at severall times the one as Heir to his Father the other as Heir to his Mother in regard whereof he hath severall times Plow 367. b. So if the husband maketh a Feoffment of his wives Lands upon condition which is broken he levyeth a fine which c. the husband hath issue by his wife and dieth the first five years pass and then the wife dieh the Heir is barred of his entry for the condition as Heir to his Father but shall have five years after the death of his Father to claim c. because it is a title differing from that which did descend from his Father accruing to him first by the death of his Mother Plow 167. a. Estrangers to Fines having neither present nor future right to the tenements in the Fine at the levying thereof but only unto rents common c. issuing out of the same ANd Estrangers to fines having neither present nor future right to the tenements in the fine but to something in or issuing out of the same seem
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
the lessor die during the Term the leasee shall have have fee. 6 R. 2. Fitz. Quid Juris clamat 20. Against T. in common If a Quid Juris clamat be against two as Tenants in the Common he which appeareth must atturn if he plead not that they are joynt-tenants 16. E. 3. Fitz. Quid Juris 21. After assignment If a particular Tenant grant over his estate after the note levied yet must he atturn 17. E. 3. Fitz. Quid Juris 11. Once atturn If the Tenant atturn once upon the grant of the Cognisors he shall atturn no more 4. E. 3. Fitz. Quid Jur. 45. Joynt-tenant T. in common If a joint-tenant or tenant in Common of a Reversion grant his part by Fine the particular Tenant shall not be compelled to atturn 5. E. 3. Fitz. Quid Jur. 40. T. for life upon condition Upon a Lease for life upon condition that if the Leasee die within twenty years that his Executors Administrators or Assigns shall hold unto the end of twenty years the Lessee shall atturn as Tenant for life with protestation to save his interest 16. E. 3. 20. E. 3. Fitz. Quid Jur. 22. 31. Joynt tenant of a reversion If the reversion of two joynt Tenants for life be granted by Fine supposing the one to be sole Tenant the Tenant is not compellable to atturn 32. E. 3. Fitz. Quid Jur. 5. per Seton Tenant by elegit But Tenant by Statute or elegit seemeth not compellable to atturn because the cognisor cannot compel him to account and he may hold the Lands after his sum satisfied until he have levied his damages 6. E 3. 53. Fitz. Fines 99. E. 3 F. Quid Juris 47. Baron sole Cognisor Nor a Tenant for life where the Husband sole is Cognisor of his Wives land for if he do atturn the Wife surviving her Husband may enter for forfeiture 27. E. 3. A Clerk And a Clerk which hath no lay fee is not compelled to atturn 38. E. 3. 18. Reversion Nor Tenant for life in reversion or remainder 34. H. 6. b. Frank marriage Infant Ideot Nor Tenant in Frank marriage lib. Intr. Quid Juris clamat 10. Nor an Infant 43. E. 3. 1. Nor a Lunatick mad man or Ideot as it seemeth because of their disabilities But atturnment made by such persons as are able but not compellable to atturn is good 12. E. 4 Nat. Br. fo 170. b. With exception And an atturnâ—ent may be with an excepon if the Tenant have a Lease for life without impeachment of wast as he may atturn saving his advantage and it shall be so entred 45. E. 3. 11. 24. E. 3 Covenants Annuity Warranty Acquitall If the Tenant have Covenants to repaire c. 48. E. 3. 32. or have an annuity out of the Land 48. E. 3. 32. or Covenant of warranty or acquitall 41. E. 3. 48. or to fell trees he may atturn saving these advantages Grant Remainder in fee. If A. seised of Lands in fee thereof enfeoff B. to the use of the said A. for life and after to the use of his Executors and Assigns for twenty years after his death And then to the use of C. in fee Quere whether A. shall be compelled to atturn in Quid Juris clamat supposing him Tenant for life only and not mentioning the Term without saving of his Term by protestation Dyer fo 309. pl. 77. 14. El. No view lieth in a Quid Juris clamat 15. E. 4. 28. What Places will barr the Plantiff of Atturnment Seisinin fee. IF the Tenant plead that he is seised in fee the day of the note levied without that that he was then seised for life without shewing how he is so seised 15. E. 4. 28. 1. H. 7. 27. The Cognisor had nothing Or if the Tenant for life plead that before the fine an estranger was seised in fee and released to him in fee without that that the recognisor had any thing in the Lands the day of the note levied 3. H. 4. 3. Non tenure If a particular Tenant plead he holdeth not of the Cognisot the day of the note levied he must shew what estate he claimeth and from whom 3. E. 3. 6. Fitz. Quid Juris clamat 6. 14. E. 3. Fitz. Quid Jur. 9. But if he claim fee he shall not shew how 14. E. 3. 3. Fitz. Fines 7. but traverse that he holdeth for life 1. H. 7. 27. Leasee for eight years upon condition that the Leasor alien within the term he shall have Seisin in fee. Seisin de tali Stat. Qual c. For parcel fee cannot alledge that and say that he claimeth estate according to the Tenor of his Deed but must plead his estate certainly 2. E. 2. Fitz. Quid Jur. 38. If the Tenant confesse for part and plead a plea which may forfeit his estate therein he must atturn by and by 11. H. 4. 57. Cont. 22. E. 3. 18. Fitz. fines 33. Release Release of the Cognisor before the Cognisance to the Heir or his Ancestors in fee is a good barr 44. E. 3. 34. Forfeiture for term of years If a Lessee for years claim for life and fail of it he forfeits his Term 6. R. 2. Fitz. Quid Jur. 20. Plesingtons case WHAT PROCESSE Lie in a Quid Juris clamat Process THe Process in a quid juris clamat is Summons and distress infinite Nat. Imprisonment br 169. a. But if the Tenant appear and plead no good Bar and yet will not atturn he shall be imprisoned 37. H. 6. 14. Disclaimer But if the Tenant disclaim and if it be found against him he shall atturn 4. E. 3. 27. But if the Tenant for life years in Dower by the Curtesie or extent by Plea Claim Fee or Fee-tail and it be found otherwise he doth forfeit his Estate 15. E. 4. 28. Nat. Br. fo 168. b. And the Tenant may atturn by Dedimus Potestatem Att. by dedimus potestatem the form whereof ensueth Oliver c. to his beloved and faithfull I. M. Knight c. whereas our Writ of Covenant hangerh before you and your Associates our Justices of the Bench between R. and P. of 100. Acres c. which I. holdeth for his life of the aforesaid P. to levy thereof a Fine between the aforesaid R. and P. according to the Law and Custome of our Common-wealth of England whereby by our Writ we have commanded our Sheriff of Norfolk that he cause to come before our aforesaid Justices the aforesaid I. at the day in that Writ contained to acknowledge what right he claimeth to have in the Land aforesaid and the aforesaid I. being of himself so impotent that unto the Bench aforesaid at the day to him given without the greatest danger of his body he is not able to travail to acknowledge what right he claimeth to have in the Land aforesaid we tendring the State
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
afterwards be ingrossed though it be in another Term Haec est finalis Concord facta c. in Crastino pur beatae M. Et post concessa recordata in quindena Pasc c. Dier f. 220. p. 15. f. 254. p. 104. But if the King die after the Writ of Covenant be returned and the Kings silver entetred and before the Fine be ingrossed yet the Writ of Covenant shall be resummoned and the Fine ingrossed otherwise if the Kings silver be not entred 1 H. 7. And in like manner if any Commissioner or Justice before whom a Fine is knowledged chance to die or be discharged of his or their Office before the Kings silver thereof be entred then may a Writ of Certiorari be directed out of the Chancery to the Justices discharged or to Executors or Administrators of such Commissioners or Justices so dying commanding them to certifie the note of the said Fine and Concord Fitz. f. 174. b. 8 H. 4. f. 5. 1 H. 7. f. 9. which being returned the Fine may proceed and be ingrossed A Fine knowledged of lands holden in Capite ought not to be ingrossed before a Licence of Alienation be sued out thereupon 33 H. 6. f. 52. and a Writ of quod permittat finem levari c. A Fine of a reversion ought not to be ingrossed until the Tenant for term of life atturn for until atturnment he is dispunishable of wast neither can the Cognisee avow upon him for the rent behind before Atturnment 22 H. 6. f. 13. plow f. 431. b. And the Cognisee may compell such Tenant for life to atturn by quid Juris clamat and if the Fine be of services he is compellable to atturn by a Writ of per quae servitia if of rent by a Writ of quem redditum reddit No. na br f. 47. a. b. and such Writs must be sued after the note of the Fine knowledged and the Kings silver entred and before it be ingrossed And by the Statute of 23 Eliz. ca. 3. notes of Fines and Concord knowledged for the levying of Fines are to be certified within one year next after the knowledging thereof or else the person taking knowledge of such Fines is not bound to certifie the same Neverthelesse if it be certifyed afterwards it is good enough Thus having briefly discovered the impediments that hinder the certifying ingrossing of Fines knowledged and having left nothing untoucht of the proceeding in suing forth Fines let us go on to the subject matter the very forms of Fines and Concords A Writ of Covenant of Common COmmand c. of three Messuages c. with appurtenances in D. and T. and of Common of pasture for all and all manner of beasts and of pasture for 400 sheep with the appurtenances in D. in the Parish of C. And unlesse he shall do it then summon by good Summoners c. Of Land and Sheep walk COmmand c. of one Messuage one Curâ—ilage one Garden c. and five pounds rent with the appurtenances in F. Also of liberty of one Foldage and of Sheep walk with the appurtenances in F. And unlesse c. Of Wood and Foldage COmmand c. of one hundred acres of wood with the appurtenances in N. and of the liberty of Foldage for 40 sheep wirh the appurtenances in S. And unlesse c. Of Wood. COmmand oâ— c. and four roods of Wood c. in the Parishes of B. and L. c. COmmand c. of 2 parts in 3 parts to be divided 8 acres of land 40 acres of pasture 40 acres of fresh and marish land with the appurtenances in D. c. And unlesse c. Of a Parsonage impropriate and of the Moyety of tithes COmmand c. of the Rectory impropriate of H. with the appurtenances of the moiety of all the tithes of Grain Corn Herbage and Hay of the lands called the B. laâ—ds with the appurtenance in H. aforesaid c. And unlesse c. Of a Mannor of rent and of free-folding for Sheep COmmand c. of the Mannor of c. And ten shillings rent and of free-folding for sheep with the appurtenances in R. and of the hundred of L. And unlesse c. A Writ of Covenant of 3 parts of 4 Messuages 4 Cottages c. COmmand W. S. that he hold Covenant c. of the 3 part of 4 Messuages 4 Cottages one Mill 10 Gardens 10 Orchards 200 acres of Land 200 acres of Meadow 200 acres of Pasture 30 acres of Moor 30 acres of Turbarie and 5 s. rent with the appurtenances in A. B. C. D. and of the third part of the view of frank pledge of the goods and Chattles waived of Fugitives put in exigent felons de se deodands treasure found and extrahur with the apurtenances in M. c. Also of the third part of the Rectorie of the Church of K. with the appurtenances And unlesse c. A Writ of Covenant of Tithes Leic. ss COmmand T. N. Knight that he hold Covenant c. of the profits of Grain Hay Wool and Lambs and of all other Tithes with the appurtenances in M. And unlesse c. A Writ of Covenant of the Scite of a Monastery Derb. ss COmmand A. B. that he hold Covenant to C. D. of the Scite of the Monastery of B. with the appurtenances and of 20 Messuages c. and of Common of Pasture for all manner of beasts and of 100 shillings rent and of the rent of henns and rent work with the appurtenances in â— and F. And unlesse c. And the Concord is such to wit that the aforesaid A. B. hath recognised the aforesaid Scite Tenement Common of Pasture and rents with the appurtenances to be the right of the said C. as those c. with release and Warranty c. A Writ of Covenant of divers things Linc. ss COmmand F. M. Esq and T. M. Son and Heir apparent of the â—ame F. that they hold Covenant to F. F. and N. R. Gentlemen c. of the Mannors of T. S. and H. near N. upon Trent And of 40 Messuages 20 Cottages 40 Tofts 30 Barns 2 Water-mills 1 Wind-mill 3 Dove-houses 40 Gardens 40 Orchards a thousand acres of land a thousand acres of Meadow 1000 acres of pasture 500 acres of wood 100 acres of Marish 100 acres of Furres and Heath 100 acres Willows 100 acres Rushes 500 acres of Moor 4 l. rent and the rent of half a pound of pepper with the appurtenanceâ— in T. c. And also 50 Mines of Coal with the appurtenances in T. S. and also of the Advowson of the Church of T. and H. And unlesse c. A Writ of Covenant of Dismes and Tithes Notting ss COmmand D. F. that c. he â—old Covenant to R. Y. Esq c. of the Titnes of Sheafs Grain and Hay with the appurtenances in R. and W. and of the tithes af Hay in V. also of the tithes of Wool Lambs Offerings Obventions and
rent with the appurtenances in C. N. and B. And unlesse c. And the Concord is such to wit that the aforesaid T. C. W. R. T. P. and L. have recognised the Mannors Tenements and rents aforesaid with the appurtenances to be the right of him the said I. And those they have remised and quit claimed from themselves and their heirs to the aforesaid J. and the heirs of him the said J. for ever And for this c. the same I. and E. have granted to the aforesaid T. C. W. R. T. P. and L. the aforesaid Mannors Tenements and Rent with the appurtenances and those to them they rendred in the same Court. To have to hold to the same T. C. W. R. T. P. and L. all the life time of her the said E. And the aforesaid I. and his heirs will warrant to the aforesaid T. C. VV. R. T. P. and L. the aforesaid Mannors Tenements and Rent with the appurtenances as it is said against all men during the life of her the aforesaid E. c. A Concord of divers Tenements Rents of a Rectory and Advowson c. THis is the final Concord made in the Court of the Lord Protector at W. from the day of Easter in 15 days in the year c. before E. A. T. M. F. W. W. P. Justices and other faithfull men then there present between I. B. Gent. and R. Gent. Plaintiffs and R. C. the elder Gent. and R. C. of Grays Inn in the County of Middlesex Gent. Deforcients of 100 Messuages 100 Cottages 2000 acres of Land 1000 acres of Meadow 2000 acres of Pasture 100 acres of Wood 1000 acres of Furrs and Heath and 100 shillings rent with the appurtenances in c also of the Rectory of K. with the appurtenances and of the Advowson of the Church of K. whereof Plea of Covenant was summoned between them in the same Court to wit that the aforesaid R. and R. have recognised the aforesaid Tenements Rent and Rectory with the appurtenances and the Advowson aforesaid to be the right of him the said J. as those which the same J. and R. have by the gift of the aforesaid R and R. And those they have remised and quit claimed from them the said R. and R. and their heirs to the aforesaid I. and R. and the heirs of him the said J. for ever And furthermore the said R. and R. have granted for themselves and the heirs of him the said R. C. the elder that they will warrant to the aforesaid J. and R. and the heirs of him the said J. The aforesaid Tenements Rent and Rectory with the appurtenances and the Advowson aforesaid against the aforesaid R. and R. and the heirs of him the said R. C. the elder for ever And for this Recognisance remise quite claim Warranty Fine and Concord the said J. and R. have given to the aforesaid R. and R. two thousand pounds sterling A Fine of the fourth part of two Messuages the one by a Coparcenor of his part c. to two strangers THis is the finall Concord made in the Court c. between G. I. and W. W. Plantiffs and I. C. and I. his wife Deforcients of the fourth part of 2 Messuages 4 Tofts 2 Gardens 2 Orchards 200 hundred acres of Land 20 acres of Meadow 40 acres of Pasture 12 acres of Wood and 100 acres of Moor with the appurtenances in G. and L. in four parts divided whereof plea of Covenant was summoned between them in the same Court to wit that the aforesaid T. and I. have regcognised the aforesaid fourth part with the appurtenances to be the right of him the said G. as that which the said G. and W. have by the gift of the aforesaid I. and I. And that they have remised and quit claimed from them the said I. and I. and the Heirs of the said I. to the aforesaid G. and W. and the Heirs of him the said G. for ever And furthermore the said Jo. and Ja. have granted for themselves and the heirs of her the said Ja. that they will warrant to the aforesaid G. and W. and the Heirs of him the said G. the aforesaid fourth part with the appurtenances And that to them they have rendred in the same Court. To have and to hold to the same I. and I. of the chief Lords of that Fee by the services which unto the aforesaid fourth part do belong during the lives of them the said I. and I. the life of the longer liver of either of them without impeachment of any wast And after the decease of them the said I. and I. the aforesaid fourth part with the appurtenances shall wholly remain to B. C. Son of the aforesaid I. and I. and the heirs of the body of the said B. lawfully begotten To hold of the chief Lords of that Fee c. for ever And if it happen that the said B. shall die without heir of his body lawfully begotten then after the decease of him the said B. the aforesaid fourth part with the appurtenances shall wholly remain to P. C. another Son of the said I. I. the heirs of his body c. to hold of the chief c. for ever And if it happen that the said P. shall die c. then after the decease of him the said P. the aforesaid fourth part shall wholly remain to R. C. another Son of the aforesaid I. and I. and the heirs of his body c. To hold of the chief c. for ever And if it happen that the said R. shall die c. then after the decease of the said R. the aforesaid 4th part with the appurtenances shall wholly remain to the right heirs of the aforesaid J. To hold of the chief Lords of that Fee by the services which unto the aforesaid fourth part do belong for ever A Fine of lands part in possession and part in reversion of a third part for term of the life of the Tennant in Dower and for Term of the life of another Tenant for Term of life York ss COmmand J. W. and A. his Wife that justly c. they hold to I. L. and E. E. Covenant of one Messuage c. also of the third part in three parts to be divided of 4 Messuages with the appurtenances c. And the Concord is such to wit that the aforesaid I and A. have recognised the Tenements aforesaid and the third part aforesaid with the appurtenances to be the right of him the said J. of which the said J. E. and E. E. have one Messuage with the appurtenances in the aforesaid Towns of T. and B parcel of the Tenements aforesaid and the aforesaid third part of four Messuages c. with the appurtenances in T. and B. parcel of the Tenements aforesaid by the gift of the aforesaid I. and A. And that they have remised and quit claimed from them the said I. and A. and their heirs to the aforesaid J. E. and E. E.
theresidue of the Tenements aforesaid with the appurtenances in N. aforesaid which W. P. and D. his Wife hold for term of the life of her the said D. of the Inheritance c. ut antea And furthermore the aforesaid R. and A. and the Heirs of him the said R. will warrant the Tenements aforesaid with the appurtenances to the aforesaid G. and his heirs as â—t is said against the aforesaid R. and A. and the Heirs of him the said R. for ever And for this c. A grant to the Cognisee and his Wife and the Heirs of their two bodies with Warranty York ss COmmand H. F. Gent. that justly c. he hold to H. M. and I. his Wife covenant c. of the Tenements in S. And unless c. And the Concord is such to wit that the aforesaid H. F. hath granted the Tenements and rent aforesaid with the appurterances to the aforesaid H. W. and I. And those to them he hath rendred in the said Court. To have and to hold to the said H. W. and I. and the Heirs of the bodies of them the said H. W. and I. between them lawfully begotten To hold c. and the aforesaid H. F. and their Heirs will warrant to the aforesaid H. W. and I. and the heirs of the body of them the said H. W. and I. between them lawfully begotten the Tenements aforesaid as it is said against all men for ever And for this c. A Grant with a Render back again for life with Remainders in taile dividing the Lands Hereff. ss COmmand N. B. and A. his wife that they hold to T. R. and R. G. Covenant c. of one Messuage c. with the appurtenances in E. c. And the Concord is such to wit that the aforesaid c. with Release and warranty c. and for this c. the said T. R. have gâ—anted to the aforesaid N. and A. the Tenements aforesaid with the appurtenances And those to them they have rendred in the said Court. To hold to the said N and A. for the lives of them the said N. and A. and the life of the longer liver of either of them without impeachment of waste all the life time of the said A. To hold c. And after the decease of them the said N. and A. one Messuage c. with the appurtenances in F. aforesaid being parcel of the Tenements aforesaid shall remain to T. B. one of the Sons of the aforesaid N. and A. and the Heirs male of the body of the aforesaid T. lawfully begotten and then after the decease of the said T. the aforesaid Tenements being parcell of the aforesaid Tenements wholly shall remain to I. B. one other of the Sonnes of the aforesaid N. and A. the Heirs Males of the body of him the said I. lawfully begotten To hold c. And if it happen c. after the decease of the said I the aforesaid Tenements parcel of the said Tenements shall wholly remain to B. F. one other Sonne of the aforesaid A. and the Heirs males of the body of the aforesaid B. lawfully begotten To be held c. And if it happen c. that then the Tenements aforesaid shall remain to divers others and the right Heirs of the aforesaid D. for ever To hold c. And furthermore the aforesaid T. and R. have granted that after the decease of the aforesaid N. B. and A. his wife 44 acres of Land 2 acres of Meadow c. with the appurtenances in B. aforesaid being residue of the aforesaid Tenements shall wholly remain to the aforesaid B. F. and the Heirs of his body lawfully begotten To hold c. And if it happen that the said B. shall die without Heir of his body lawfully begotten that then after the decease of the said B. the Residue of the aforesaid Tenements shall wholly remain to the aforesaid T. F. and his Heirs and assigns for ever A Fine to entaile Lands to the Heirs of oâ—â— deecased Leicester ss COmmand I. C. Esq that he hold to M. C. Widdow Covenant of three Messuages c. And the Concord is such that the aforesaid I. hath granted to the said M. the aforesaid Tenements with the appurtenances And that to her hath rendred in the said Court. To have and to hold to the said M. and the Heirs of the body of her the said M. of the body of I. C. lately her Husband deceased lawfully begotten of the chief c. And if it happen that the said M. shall dye without Heir on her body of the body of the said I. C. lawfully begotten then after the decease of her the said M. the aforesaid Tenements with the appurtenances shall wholly remain to the right Heirs of the said I. C. deceased To hold c. And the aforesaid I. C Esq and his Heirs will warrant to the aforesaid M. and the Heirs of her body of the body of the aforesaid I. C. deceased and also to the right Heirs of him the said I. C. if the said M. shall dye without Heir of her body of the body of the said I. C. deceased lawfully begotten the aforesaid Tenements with the appurtenances as is said against the aforesaid I. C. Esq and his Heirs for ever And for this c. A Grant by a Duke and his wife as in the right of his wife to the Conusee for life of the Tennant for life with warranty a Render to the Cognisor for the Wives life to convey her title to her Husband COmmand T. Duke N. and M. his wife that they hold to T. T. Esq Covenant c. of the Tenements in W. and unlesse c And the Concord is such to wit that the aforesaid Duke and M. have granted to the aforesaid T. T. the Tenements aforesaid with the appurtenances and whatsoever the said Duke and M. have in the Tenements aforesaid with the appurtenances for term of â—ive of her the said M. And those to them they have rendâ—ed in the said Court. To have and to hold to the said T. T. and his Heirs of the chief Lords of that Fee by the services which unto the said Tenements with the appurtenances do belong all the life time of her the said M. And furthermore the said T. and M. have granted for themselves that they will warrant to the aforesaid T. T. and his Heirs the Tenements aforesaid with the appurtenances against all men all the life time of the said M. And for this c. the said T. T. hath granted the Tenements aforesaid with the appurtenances to the aforesaid Duke and those to him he hath rendred in the said Court. To have and to hold the said Tenements with the appurtenances to the said Duke and his Heirs all the life time of the said M. to hold ut supra A Concord oâ— a moyety of divers things in pâ—â—â—ession and of a reversion in Fee THis 〈…〉 finall Concord made c. beâ—â—â—en â— â— and
Lords c. for the life of the said T. and M. and the longer lâ—ver of either of them without impeachment of any wast And afâ—er the decease of the said T. and M. the aforesaid Mannors Tenements c. shall wholly remain to the Heir of him the said T of the bodies of hâ—m the said T. and M. lawfully begotten To hold c. And if no Heir of the said T. of the bodies of the said T. and M. shall be lawfully begotten then the aforesaid Mannors c. shall wholly remain to the Heirs of the body of the said M. lawfully begotten To hold c. And if no Heir of the body of the said M. shall be lawfully begotten then the aforesaid Mannors c. shall wholly remain to the right Heirs of the said T. for ever To hold c. A Fine of a Reversion of a Rent Essex ss COmmand c. that justly c. hold Covenant c. of forty shillings rent with the appurtenances issuing out of the Mannor of F. and of 6. Messuages c. And unlesse c. And the Concord is such to wit that the aforesaid I. hath recognised the aforesaid rent with the appurtenances to be the right of him the said R. and hath granted for himself and his Heirs that the aforesaid rent with the appurtenances which H. T. and A. his wife hold for term of the life of her the said A. of the aforesaid I. the day that this concord was made issuing out of the aforesaid Mannor c. with the appurtenances which I. H. Knight now holdeth and which after the decease of the said A. unto the aforesaid I. F. and his Heirs ought to revert after the decease of the said A. wholly shall remain to the aforesaid R. and his Heirs for ever And the aforesaid I. F. and his Heirs will warrant to the aforesaid R. and his Heirs the aforesaid rent with the appurtenances as aforesaid against I. Abbat of the Monastery c. and his successors for ever And for this c. A Fine of the Reversion of a Rent THis is the finall Concord made c. between R. P. Plaintiff and I. B. Deforcient of ten Marks rent with the appurtenances in B. which P. of A. holdeth for term of life whereof plea of Covenant was summoned between them in the said Court to wit that the aforesaid I. hath granted for himself and his Heirs that the aforesaid rent with the appurtenances which the aforesaid P. holdeth for term of life by the demise of the aforesaid I. in the aforesaid Town the day that this Concord was made and which after the decease of the said P. unto the aforesaid I. and his Heirs ought to revert after the decease of the said P. wholly shall remain to the aforesaid R. and the Heirs of his body begotten To hold of the chief Lords of the Fee by the services which unto the aforesaid rent do belong for ever And if it happen that the said R. shall die without Heir of his body begotten then after the decease of the said R. the aforesaid Rent with the appurtenances shall wholly remain to the right Heirs of him the said R. to hold of the chief Lords of the Fee by the services which unto the aforesaid rent do belong for ever And for this Grant Fine and Concord the said R. hath given to the aforesaid I. one hundred Marks of Money A Fine of Rent service Nott. ss COmmand c. that justly c. hold Covenant c. of eleven shillings rent with the appurtenances in B. And unless c. And the Concord is such to wit that the aforesaid E. hath recognised the aforesaid Rent with the appurrenances to be the right of the aforesaid W. and the said E. hereupon hath granted to the said W. that the rent with the apputtenances together with the Homage and all the services of S. F. R. L. and I. D. and their Heirs for so many Tenements as they severally of the said E. before held in the aforesaid Town To have and to hold to the said W. and his Heirs of the chief Lords of the Fee by the Services which unto the aforesaid rent do belong for ever And the aforesaid E. and his Heirs the aforesaid rent with the appurtenances as is aforesaid to the aforesaid W. and his Heirs against all men will warrant for ever c. A Fine where the Husband and the Wife sell the Wives â—ointure or Dower absolutely to him in the Reversion York ss COmmand T. G. Esq and B. his Wife that they hold with I. W. and E. his Wife Covenant of 4 Messuages c. And the Concord is such to wit that whereas T. and B. have and hold the Tenements aforesaid with the appurtenances for term of the life of the aforesaid B. the reversion thereof to the aforesaid E. and his Heirs after the decease of the aforesaid B. belonging the said T. and B. have granted to the aforesaid I. and E. the Tenements aforesaid with the appurtenances and all and whatsoever in the said Tenements with the appurtenances for the term of the life of her the said B. they have to the said I. and E. in the said Court rendred To have and to hold to the said I. and E. and the Heirs of the said E. during all the life of the said B. of the chief Lords c. And the aforesaid T. and B. will warrant to the aforesaid I. and E. the Tenements aforesaid A. with the appurtenances as it is said against the aforesaid T. and B. during all the life of her the said E. and for this c. Tenant for Term of life maketh a Lease reserving a rent during her life Suff. ss COmmand L. H. and D. his Wife that they hold to B. B. Covenant of the Mannor of S. with the appurtenances and of 6 Messuages c. with the appurtenances in S. And the Concord is such to wit that the aforesaid L. and D. have granted the Mannor Tenements and Rent with the appurtenances which the said L. D. hold for term of the life of her the said D. the reversion thereof after the decease of the said D. to one R. R. and his Heirs belonging to the aforesaid B. B. to have to him his assigns all the life time of tâ—e said D. And furthermore the said L. and D. have granted that they will warrant the Mannors Tenements and Rent aforesaid with the appurtenances to the aforesaid B. and his assigns all the life time of the aforesaid D. against them the said L. and D. for ever And for this c. the said B. hath granted to the aforesaid L. and D. one yearly rent of forty Marks of lawfull c. issuing out of the Mannor and Tenements aforesaid To have and perceive the said yearly rent of forty Marks to the aforesaid L. and D. for term of the life of her the said D. at the Feasts c. by equall portions
by equal portions yearly to be paid the first payment thereof beginning at the Feast of St. Michael the Archangel which shall be in the year of our Lord 1651. Clause of Distresse And if it happen that the aforesaid rent of 27 l. 6 s. to be in arrear in part oâ— in all after any Feast of the Feasts aforesaid in which as aforesaid it ought to be paid That then it shall be lawfull for the aforesaid R and his Heits into the aforesaid Mannor and Tenements with the appurtenances to enter and to Distrain and the Distresses so thereupon taken and had to lead bear and drive away and in his custody to retain until of the aforesaid Rent of 27. l. 6. s. with the arrerages thereof if any shall be he shall be fully satisfied and paid Also the said The grant of the Reversion the rent to the Husband and the wife being the Conusees to the heirs of the Husband R. hath granted to the aforesaid I. and B. the reversion of the Mannors and Tenements aforesaid with the appurtenances and the aforesaid Rent above expressed and reserved and those to them he hath rendred c. To have and to hold to the said I. and B. and the heirs of him the said I. of the Chief Lords of that Fee by the services c. A Fine knowledged by the Husband and wife to one I. L. Esquire of 2 Mannors c. with warranty in consideration the Conusee granteth a rent to the Husband and his wife and to the heirs of the Husband COmmand R. P. and I. his Wife that they hold to I. L. the Covenant c. of the Mannors of A. and W. with the appurtenances and of 4 Messages 6 Cottages 1 Dove-house 200 acres of land 40 acres of Meadow 300 acres of pasture 20 acres of wood 20 acres of furres and heath with the appurtenances in W. and W. And unlesse c. And the Concord is such to wit that the A rent granted by the Conusee aforesaid R. P. and I. his wife have recognised the Mannors and Tenements aforesaid with the appurtenances to be the right of him the said I. as those which the said I. hath by the gift of the aforesaid R. P. and I. his wife And those they have remised c. And furthermore c. And for this c. the same I. L. hath granted to the aforesaid R. and I. his wife and the heirs of the aforesaid I. the annual rent of 30 l. to be paid at two accustomed VVhen the rent shall begin to be payable Terms of the year that is to say at the Feast of St. Michael the Archangel and of the Annunciation of the blessed Virgin Mary by equal portions the first payment thereof beginning at the Feast of St. Michael the Archangel or of the Annunciation of the blessed Virgin Mary which shall next happen after the death of the aforesaid L. and C. being his now wife or any other which afterwards shall A clause of distr for the rent after it hath been lawfully dâ—manded happen to be his wife And if it happen the aforesaid yearly rent of 30 l. to be behind and unpaid in part or in all by the space of c. after any Feast of the Feasts aforesaid wherein as aforesaid it ought to be paid if it be lawfully demanded that then c. A Fine knowledged by the Husband and the wife to H. C. of the third part of a rent issuing out of a Mannor with a warranty against all men COmmand R. and I. his wife that justly c. they hold to H. C. the Covenant c. of the third part of 5 l. 6 s. 8 d. rent with the appurtenances issuing out of the Mannor of K. And unlesse c. VVarranty And the Concord is such to wit that the aforesaid R. and I. have recognised the third part of the rent aforesaid with the appurtenances to be the right of him the said H. as those which the same H. hath by the gift of the aforesaid R. and I. And those they have remised and quite-claimed from themselves and the heirs of him the said I. to the aforesaid H. and his heirs for ever And furthermore the same R. and I. have granted for themselves and the heirs of him the said I. that they will warrant to the aforesaid H. and his heirs the aforesaid third part of the rent with the appurtenances against all men for ever And for this c. A Fine knowledged by the Husband and his wife to one T. H. of the third part of 34 acres of Meadow by these words viz. concesserunt reddiderunt c. during the wives life with warranty also during her life COmmand H. P. and M. his wife that they hold to T. H. the Covenant c. of the third part of 34 acres of Meadow 44 acres of Pasture and 6 acres of wood with the appurtenances in S. And unlesse c. A fine upon release of dower by the husband and wise The estate The wa And the Concord is such to wit that the aforesaid H. and M. have granted and rendred the tenements aforesaid with the appurtenances to the aforesaid T. and his heirs during the life of her the said M. And the aforesaid H. and M. will warrant the tenements aforesaid with the appurtenances to the aforesaid T. and his heirs during all the life of her the said M. And for this c. A Fine knowledged by V. K. knight to I S. knight E. G. the Queens Atturney general and others of two Manners 70 Messuages and Cottages c. which the Lady V widdow hath for her life of the inheritance of the Conusor the day of the Concord made and ofter her death is to revert to the Conusor the which by this sine after the death of the said Lady V. is wholly to remain to all the Conusees in the fine and to the heirs of the said I. S. knight the first of the Conusees in the laid fine with warranty against all men A Fine of the reversion after Tenant in Dower COmmand V. K. Knight that he hold to I. S. knight E. G. our Atturney general R. W. Esq and W. R. Gent. the Covenants c. of the Mannors of H. otherwise of the Prior H. and M. otherwise Prior M. of 70 Messuages and Cottages The widdows estate in the Conusors inheritance And the Concord is such to wit that the aforesaid V. hath recognised the Mannors Tenements and rent aforesaid with the appurtenances to be the right of him the said S. And hath granted for himself and his heirs that the Mannors Tenements and Rent aforesaid with the appurtenances which Dame V. K. widdow holdeth for term of her life of the inheritance of the aforesaid V. the day that this Concord was made And that after the decease of the same Dame V. unto the aforesaid V. and his heirs ought to revert which after the
B. son of the aforesaid R. for term of his life Yielding therefore ut supra And also the aforesaid I. A. hath granted to the aforesaid R. B. the reversion and rent of the Tenements aforesaid with the appurtenances and those to him he hath rendred in the same Court. To have and to hold the reversion The grant of the reversion the rent and rent of the Tenements aforesaid with the appurtenances to the same R. S. and his heirs for ever To hold of the chief Lords of the Fee c. A Fine of Rent issuing out of 6 Messuages and 6 Gardens with warranty against all men COmmand W. A. and A. his wife that justly c. they hold to R. B. the Covenant of one annual rent of 5 l. issuing out of and in 6 Messuages and 6 Gardens with the appurtenances in L. And unlesse c. And the Concord is such to wit that the aforesaid R. hath recognised the Mannors aforesaid with the appurtenances to be the right of him the said H. as those which the same H. hath by the gift of the aforesaid R. and those he hath remised and quite claimed from himself and his heirs for ever And the aforesaid R. hath granted for himself and the heirs of him the said W. that they will warrant the rent aforesaid with the appurtenances to the aforesaid R. B. and his heirs for ever against all men And for this c. A Fine knowledged by K. L of a Mannor c. to H. G. with warranty against all men In consideration whereof the Conusee by the same fine granteth to the Conusor his heirs one annuity of 8l issuing out of the same Mannor to be paid yearly at the Mansion house of the said Conusor at a certain day and hour imposing a pain of 18. s. to be forfeited in default of payment of the said Annuity with a clause of distresse for the said Annuity and rent COmmand R. L. that justly c. he hold to H. C. the Covenant c. of the Mannor in O. c. And unlesse c. And the Concord is such to wit that the aforesaid R. hath recognised the Mannor and Tenement aforesaid with the appurtenances to be the right of him the said H. as those which the same H. hath by the gift of the aforesaid R. and those he hath remised and quite claimed from himself and his heirs for ever And furthermore the same R. hath granted for himself and his heirs that he will warrant the Mannor aforesaid with warranty the appurtenances to the aforesaid H. and his Heires against all men for ever And for this c. the aforesaid H. hath granted to the aforesaid R. one annuity or yearly The grant of an Annuity rent of 8 l. of lawfull money of England issuing and to issue out of and in the Mannor aforesaid with the appurtenances and that to him he hath rendred in the same Court The day hour place of payment of the said Annuity To have and perceive the aforesaid annuity or yearly rent of 8 l. to the aforesaid R. his heirs and assigns on the 8th day of September between the ninth twelfth hour before noon-tide of the same day at his Mansion house in the Town of R. in the County of S. to be paid And if it happen the aforesaid annuity or yearly rent of 8 l. to be in arrear and unpaid Clause of distress for the annuity penalty in part or in all by the space of twenty dayes after the aforesaid eighth day of September in which as aforesaid it ought to be paid That then the aforesaid H. and his heirs shall forfeit to the same R. and his heirs 18 s. of lawfull money of England nomine poene so often as the aforesaid annuity or yearly rent or any part thereof shall happen to be in arrear And it shall be lawfull for the aforesaid R. and his heirs into the aforesaid Mannor with the appurtenances and into every parcel thereof to enter and to distrain as well for the aforesaid annual rent of 8 l. and for every parcel thereof as for the aforesaid 18 s. nomine poene to the said R. and his heirs forfeited so often as it shall so happen to be in arrear and unpaid and the distresses so there taken and had it may be lawfull to lead bear and drive away and in his custody to retain until aswell of the aforesaid annuity or yearly rent of 8 l. as of the aforesaid 18 s. nomine poene as often as it shall be forfeited the said R. and his heirs shall be satisfied and paid A Fine knowledged by A. B. Esquire of 2 Messuages c. to S. H. in tail general to hold of the Conusor and his heirs by the XL. part of a Knights Fee and 15 s. 4 d. rent with warranty against all men COmmand A. B. Esquire that justly c. he hold to S. H. the Covenant of two Messuages c. with the appurtenances in M. And unlesse c. An estate in general tail And the Concord is such to wit that the aforesaid A. B. hath granted the Tenements aforesaid with the apurtenances to the aforesaid S. and the heirs of the body of him the said S. lawfully begotten To hold of the L. A. and his heirs by the fortieth part of a Knights fee and by the rent of 15 s 4 d. by the year The tenure rent at the Feast c. yearly to be paid And furthermore the aforesaid A. hath granted for himself and his heirs that he will warrant the Tenements aforesaid with the appurtenances Warranty of the estate tail to the aforesaid S. and the heirs of his body lawfully begotten as aforesaid against all men for ever And for this c. A Fine knowledged by A. B. and M. his Wife of a Mannor c. to S. P. reciting that where the said Conusors hold the said Mannor for the life of the said M. the reversion thereof to the said Conusee and his heirs belonging The said Conusors grant to the Conusee all that their estate in the said Mannor during the life of M one of the Conusors with warranâ—y against them during the life of the said M. COmmand A. B. and M. his wife that justly c. they hold to S P. the Covenant c. of a Mannor c. And unlesse c. And the Concord is such to wit That whereas the aforesaid A. M. have and hold for term of the life of her the said M. the Mannor aforesaid c. with the appurtenances the reversion thereof to the aforesaid S. P. and his heirs belonging the same A. M. have granted to the aforesaid S. the Mannor aforesaid with the appurtenances and all and whatsoever in the Mannor aforesaid c. they have to the same S. during the life of her the said M. And the aforesaid A. and M. will warrant to the aforesaid S. the Mannor
And hath done to him Fealty c. Therfore let a Fine thereof be ingrossed c. Barre But if the Tenant will pleadin Bar he may do it thus if he be Tenant in Frank-marriage The Sheriff was commanded c. ut supra Gift in Frank-marriage And the aforesaid A. B. saith that one P. N. Father of the aforesaid M. N. whose heir he is c. by his Deed gave the Tenements aforesaid with the appurtenances to the same A. B. in Frank-marriage with E. his daughter saving to himself the reversion c. which said E. died without issue of his body begotten And so he faith that he holdeth the Tenements aforesaid by form of the Deed aforesaid and that the reversion thereof after his death doth belong unto the aforesaid R. M. and prayeth Judgement whether he of such his Estate ought to atturn himself thereof to any c. and produceth here in Court the Charter aforesaid that the gift aforesaid in form aforesaid testifieth c. And the aforesaid C. D. saith that the day wherein the note of the Fine aforesaid was levied that is to say the 9. day c. the aforesaid A. holdeth the aforesaid Tenements for Term of his life as by the note aforesaid is supposed without this that he then held the Tenements aforesaid in Free-marriage as he above alleged And this he prayeth that c. therfore 12 c. Or thus if the Tenant Claim Fee or be not Tenant Which being read the same A. B. saith that he by virtue of the note aforesaid himself to the aforesaid C. D. ought not to atturn for that one Messuage c. which are in the aforesaid Town of S. of the Tenements aforesaid in the note aforesaid contained the same A. B. saith that at the time of the levying of that note was seised of the aforesaid Messuage c. in his demeasne as of Fee by the gift and Feoffment of one L. T. to him thereof made without this that he at the time of the levying of that note held that moiety for Term of life only as by that note is supposed and tbis c. whereof he prayeth Judgement whether he by virtue of the note aforesaid himself to the aforesaid C. D. of the aforesaid Messuage c. ought to atturn c. And as touching the Tenements aforesaid residue of the Tenements in the note aforesaid contained the same A. B saith that he neither at the time of the levying of the note aforesaid nor at any time afterward held the same Tenements but rather that W. A. who as yet is in life then was thereof Tenant as of his free-hold and as yet is And this c. whereof c. ut supra And the aforesaid C. D. saith that he from having the atturnment of the aforesaid A. B. by virtue of the note aforesaid ought not to be barred for that as touching the aforesaid Messuage in L. aforesaid the same C. D. saith that the aforesaid A. B. at the time of the levying of that note held that Messuage with the appurtenances for Term of his life onely as by that note is supposed And this he prayeth that c. And the aforesaid A. B. likewise And as ro the residue of the Tenements aforesaid he saith that at the time of the levying of the note aforesaid the aforesaid A. B. was Tenant thereof for Term of his life as by that note is supposed And this he is ready c. whereof he prayeth Judgement and that the aforesaid A. B. may atturn himself thereof c. And the aforesaid C. D. saith that the aforesaid A. B. at the time of the levying of the note aforesaid was not Tenant of the aforesaid residue of the Tenements for Term of his life as c. And of this c. therefore 12 c. Or thus where the Cognisor hath nothing in the reversion The Sheriff of D. was commanded c. ut supra which being read and heard the same A. B. saith that he by virtue of the note aforesaid himself to the aforesaid C. D. ought not atturn because he saith that the aforesaid M. N. who recognized the Tenements aforesaid with the appurtenances to be the right of him the said C. D c. had nothing in the reversion of the same Tenements with the appurtenances at the time of the levying of the note aforesaid and this he is ready to verifie whereof he prayeth c. ut supra And the aforesaid C. D. saith that the aforesaid A. B. at the time of the levying of the note aforesaid to wit in eight dayes of Saint Hillary c. held the Tenements aforesaid with the appurtenances for Term of his life the reversion thereof after his death to the aforesaid M. N. who recognized c. and to his heirs belonging as by the note aforesaid it is supposed And this he prayeth that it may be enquired by the Country And the aforesaid A. B. likewise therefore let 12 c. But if the Tenant claim an Estate tail by devise thus Which being read and heard c. the same A. B. faith that he by virtue of that note himself to the aforesaid C. D. of the tenements aforesaid he ought not to atturn because he saith that before that the aforesaid M. N. any thing had in the Tenements aforesaid with the appurtenances one I. F. was seised of the Tenements aforesaid in his demeasne as of Fee and that the same Tenements with the appurtenances are held and at the time of the levying of the note aforesaid were held of W. S. in Soccage by Fealty to him c. And the same I. being so seised thereof the 1. day of May last past made his last will and Testament in writing and by the same bequeathed to the aforesaid A. B. the Tenements aforesaid by the names c. to have to him and the heirs of his body lawfully begotâ—en and afterward there died after whose death the aforesaid A. B. into the Tenements aforesaid with the appurtenances entred and was thereof seised in his demeasne as of Fee-tail to wit to him and his heirs by form of the Statute and last will aforesaid And this c. whereof c. And the aforesaid C. D. saith that he by any things afore alleged from the atturnment of the aforesaid A. B. by virtue of the note aforesaid ought not to be barred because he saith that well and true it is that the aforesaid I. F. was seised as above as in the Writ aforesaid above it is alleged but the same C. D. saith that the same I. F. by his said Testament and last will amongst other things bequeathed the Tenements aforesaid with the appurtenances c. by the names aforesaid to the aforesaid A. B. for Term of his life and afterward the same I. F. dyed after the death of which said I. F. the same A. B. into the Tenements aforesaid with the appurtenances entred and was thereof seised in
his demeasne as of Freehold by the Form of the Testament and last will aforesaid without this that the same I. F. by his last will and Testament aforesaid bequeathed to the aforesaid A. B. c. ut supra as the aforesaid A. B. above alleged And this c. whereof c. And the aforesaid A. B. as before saith c. ut supra in brevi as he before alleged And of this c. The Tenant may atturn for parcell excepting the rest and plead thereunto Attornment for part plea to the rest ANd now at this day here in the Court came as well the aforesaid E. I. by W. W. his Attorney as the aforesaid I. E. in his proper person and hereupon the aforesaid E. I. by his Attorney aforesaid Prayed that the aforesaid I. E. to him thereof may atturn c. And the aforesaid I. E. prayeth hearing of the Writ aforesaid and to him it is read c. he prayeth also hearing of the note of the Fine whereupon the Writ aforesaid issued forth and it is read to him in these words Between R. Plaintiff and P. Deforcient c. rehearsing the whole note which being read and heard the same I. F. as touching the Tenements aforesaid except 10 Acres in D. parcell thereof saith that he is ready to the aforesaid R. thereof to atturn and himself to him in Court here hath attorned of the Tenements aforesaid except the aforesaid 10. Acres of Land and hath acknowledged c. And hath done Fealty c. And as touching the aforesaid 10. Acres of Land in D. the same I. F. saith that he at the time of the levying the note aforesaid was seised of the same 10. Acres of Land with the appurtenances in his demeasne as of Fee without this that he at the aforesaid time of the levying of the note aforesaid the same 10. Acres of Land with the appurtenances held for Term of life only as c. therefore let a Fine thereof be ingrossed Dyer f. 212. p. 35. 4. Eliz. And when the Tenant doth atturn the note of the Fine is to be delivered to the Chirographer And then it must be written upon the back-side of the same note thus The within named A. B. hath atturned himself to the within written C. D. by virtue of this note as it appeareth c. Atturney in quid Juris clamat UPon such a Plea pleaded that the Tenant may forfeit his Estate he may make an Atturney 21 E. 3. 48. Or if the Tenant suggest in Chancery that he will plead so as he forfeit his Estate he may make an Atturney by dedimus potestatem thus Oliver c. To his beloved faithfull F. B. c. Whereas our Writ of Covenant hangeth before you and your Associates our Justices of the Bench between R. P. of a hundred Acres c. which I. holdeth for his life of the aforesaid B. for a Fine thereof between the aforesaid R. and P. according to the Law and custome of our Common-weath of England to be levyed whereby our Sheriff of York by our Writ we have commanded that he should cause to come before our said Justices the aforesaid I. at the day in that Writ contained to acknowledge what right he claimeth to have in the Lands aforesaid and on the behalf of the said I. it is given us to understand that he upon the Fine aforesaid ought not to atturn for that that before the levying of the note of the Fine aforesaid one S. being seised of that Land in his demeasne as of Fee gave it to the aforesaid I. and the heirs of his body And he at the day to him given in the Bench aforesaid that matter to the Writ aforesaid will plead And yet he is so impotent and worn with age that unto the Bench aforesaid at the day to him given without very great danger of his body he is not sufficient to travail to plead that plea we tendring the State of the same I. in this behalf have given you power to receive an Atturney whom before you in his stead he shall will to atturn in this behalf to gain or to lose and therefore we command you that unto the aforesaid I. personally you going you receive an Attorney whom in his stead he shall will to Atturn in this behalf and of the name of the same Atturney to us in our Chancery under your Seal distinctly and openly you certifie returning to us this Writ Witness my self c. The return thereof I Putteth in his place A. B. his Atturney against R. in a Plea in quid juris clamat to gain or lose And as the Tenant may make an Atturney by dedimus potestatem so he may atturn the form whereof followeth Oliver c. To his faithfull I. and M. greeting whereas our Writ of Covenant hangeth before you and your Associates our Justices of the Bench between R and P. of a hundred Acres c. which I holdeth for his life of the aforesaid P. for a Fine between the aforesaid R. and P. according to the Law and custome of our Common-weal of England to be levyed whereby by our Writ we have commanded our Sheriff of Norfolk that he cause to come before our said Justices the aforesaid I. at the day in that Writ contained to acknowledge what right he claimeth to have in the Land aforesaid and the aforesaid I. of himself is so impotent that unto the Bench aforesaid at the day to him given without very great danger of his body he is not sufficient to travail to acknowledge what right he claimeth to have in the Land aforesaid we tendring the state of him the said I. in this behalf have given to you power to receive the knowledgement and to testifie the Atturnment which the aforesaid I. before you shall will to make ye receive And when you have received him and he before you as it is the manner have atturned himself your aforesaid Associates of the cognizance aforesaid distinctly and openly you certifie the aforesaid atturnment testifying that that Fine between the parties aforesaid of the Lands aforesaid before you and your associates aforesaid in the Bench aforesaid may be levied according to the Law and custome aforesaid And have you c. After issue joyned the Tenant may be essoigned thus York ss A. B. against C. D. in a Plea of quid juris clamat in one Messuage c. whereof the Jury by W. C. in 15. dayes of Saint Hillary c. If the issue be found with the Plaintiff the Judgement is in this form Judgement ANd hereupon the premisses being seen and by the Justices more fully understood it is ordered that the aforesaid C. D. for seisin of the Tenements aforesaid with the appurtenances against the aforesaid A. B. by occasion of the claim and Plea aforesaid forefeited to have if he will he may prosecute and also that the Fine aforesaid if he will may be ingrossed and the aforesaid A. B.
N. and I. S. dye before atturnment he in reversion shall have per quae servitia 20. H. 6. 7. If per quae servitia be brought against divers of which some only appear they are compellable to atturn 21. E. 3. 48. T. 32. E. 3. Vpon whose alienations the Tenant is not compellable to Atturn If Tenant in Taile of services levy a Fine Tenant in taile thereof the Tenant of the Land is not compellable to atturn 48. E. 3. 23. Because that if the Cognisor die the Tenant is subject to the distress both of the Cognisee and of the issue in taile 24. E. 3. 25. 43. E. 3. Nevertheless upon a Fine with Proclamation in such case which barreth the issue in taile the Tenant seemeth compellable to atturn Cognisor never seised If a Fine be levyed by him that was never seised of the services the Tenant is not compellable to atturn H. 6. E. 2. To a particular Tenant If the Tenant for life or any other particular Tenant of services which have them not in fee levy a Fine thereof the terr Tenant is not compellable to atturn Itin. North. 3. E. 3. Joynt Tenant If one joynt tenant a seignory grant c. the Tenant is not compellable to atturn 9. E. 2. Against whom a per quae servitia lyeth and whom not Terre Tenant It lyeth against him only that is Tenant of the Land at the time of the note of the Fine levyed 8. H. 6. 17. 18. E. 4. 10. And therefore must not vary from the Fine 18. E. 4. 10. 25. E. 3. 3. 35. E. 3. 50. And therefore it seemeth that if he which is Tenant at the levying of the note dye or alien before Atturnement had that neither his heir nor the alienee is compellable to atturn H. 26. E. 3. 56. 18. E. 4. 25. E. 3. 50. 10. yet this atturnment is good ibid. M. 31. E. 3 A recluse A prioresse recluse is compellable to atturn 43. E. 3. and an Infant 26. E. 3. 62. and a man only dumb by writing or sgines 26. E. 3. 62. But a man surde mute is not compellable Mute Deaf to atturn 26. E. 3. 62. Madness T. by curtesie Late Feoffment Nor a man non sanae memoriae as a mad man a lunatick an Ideot 26. E. 3. 62. Nor a Tenant by the curtesie for the feebleness of his estate 9. E. 3. 31. He that is infeoffed by the Lord post stat qui emptores c. is not compellable to atturn for he holdeth of the Lord Paramount 39. E. 3. 19. Quantity The Writ of per quae servitia ought to shew the quantitie of the Tenancy H. 14. E 3. for it is traversable T. 20. E. 3. H. 26. H. 6. All persons that may be Cognisees may have this Writ County Per quae servitia ought to be in the County where the Fine is knowledged albeit the Manor be in one County and the services in another County 21. E. 3. 18. Nonsuit Nonsuit in this action is not peremptory 24. E. 3. 25. nor the death of the Cognisor after the note levyed Time Per quae servitia lyeth a year or more after the note levyed 29. E. 4. 46. Atturney After peremptory issue joyned the Tenant in per quae servitia may make Atturney for if the issue be tryed against him it doth countervail atturnment and then he may be distrained before Atturnment 48. E. 3. 24. 39. E. 3. 26. Non tenure Non tenure the day of the Note levyed is a good barr in Per quae servitia 8. H. 19. 21. H. 4. 72. Former grant It is also a good plea that before the note levyed the Cognisors granted the services to another and that he thereupon did atturn 9. E. 3. 31. The Tenant in per quae servitia cannot disclaim Disclaime but may plead non tenure ut supra 21. H. 4. 72. Process after Judgment After Judgment process is Distringas ad Atturnandum 4 E. 3. 2. E. 3. 9. 5. E. 4. 2. Atturnment with an exception If the measne levy a Fine of his mesnaltie to A. for life the remainder to B. in fee. A. bringeth a per quae servitia and the Tenant atturneth saving his Acquitaile yet shall not he in the remainder avow before he also acknowledge the acquitaile 18. E. 4. 7. Feme Covert But a Feme Covert cannot confess acquitaile in per quae servitia because she is not examinable in this suit 9. E. 2. 45. E. 3. Acquitaile And the Tenant may atturn saving acquitaile and warrantie according to a Deed thereof M. 15. E. 3. 5. 5. H. 5. E. 3. Itinere North. Seisin A man may grant services before he have seisin thereof in Deed H. 5. E. 2. Fitz. per quae servitia 22. A Manor It seemeth upon the grant of a Manor cum pertin the services pass without attornment as parcell of the Manor and that the Lord may avow without Atturnment 26. H. 6. Fitz. per quae servitia 21. Fine Imprisonment If the Tenant in per quae servitia appear and confess the Action at the distringas ad atturnandum after Judgment and will not atturn he is punishable by imprisonment or Fine at the discretion of the Court as it seemeth 3. E. 3. Itiner North. Fitz. per quae servitia 17. Essoine Coperceners Joynt-tenants and Tenantsin Common may not fourch by essoine to essoine severally but have only one essoine as one sole Tenant might have w. i. c. 43. E. 3. E. 1. Rast essoine 4. Of the ingrossing of Fines VVHen the note of the Fine is made with the Custos brevium if it be of Lands in possession or when Atturnment is made if it be of a Reversion Remainder Rents or services then may it be ingrossed by the Chirographer Ingressing And the ingrossing of a Fine is nothing else but the entry of the Concord thereof with the Chirographer and the writing and delivery of the Indentures thereof F. N. B. 147. a. 5 H. 4. c. 14. which be called the Chirograph of the Fine and is made in form following viz. Fine in tail of the reversion of the Rent This is the finall Concord made in the Court of the Lord Protector at Westminster from the day of Easter in 15. daies In the year of our Lord God 1653. before O. L. R. W. and T. B. Justices of the Lord Protector and other faithfull then there present between A. B. Plaintiff and L. C. deforcient of ten Marks Rent with the Appurtenances in B. which P. D. of A. holdeth for term of his life whereof plea of Covenant was Iummoned between them in the same Court that is to say that the aforesaid L. hath granted for himself and his Heirs that the aforesaid Rent with the appurtenances which the aforesaid P. holdeth for Term of his life by the demise of the aforesaid L. in the
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
the 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 Heirs which the same G. of the body of her the said I. shall beget Render intail from the aforesaid S. and his Heirs for ever yeelding therefore by the year one Rose at the Feast of the Nativity of Saint John the Baptist for all service consideration and exaction unto the aforesaid S. and his Heirs belonging And Forrain service doing therefore to the chief Lords of that Fee for the aforesaid S. and his Heirs all other services which unto that Manor do belong And if it happen that the aforesaid G. shall die without Remainder in tail Heir of the body of him the said I. begotten then after the decease of them the said G. and I. the Manor aforesaid with the appurtenances shall wholy remain to I. Brother of the same G. and to 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 happen that the aforesaid W. shall dye without Heir of his body begotten then after the decease of him the said W. the aforesaid Manor with the appurtenances shall 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 â— And if it happen that the aforesaid I. shall die without Heir of his body begotten then after the decease of him the said I. the aforesaid Manor with the appurtenances shall wholy remain to E. Brother of the same I. and to 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 happen that the aforesaid E. shall die without Heir of his body begotten then after the decease of him the said E. the aforesaid Manor with the appurtenances shall wholly revert unto the aforesaid S. and his Reverter Heirs quite from other Heirs of them the said G. I. W. I. and E. to hold of the chief Lords of that Fee by the services which unto that Manor do belong for ever A Mittimus OLiver c. To the Justices of the Bench greeing We send to you under the foot of our Seal c. or thus The transcript of the foot or thus The tenor of the foot of a certain fine levyed in the Court of c. Anno c. before W. and his Associates then Justices of c. of the Bench at Westminster by our Writ between I. plaintiff and W. deforcient de tanto c. whom before us in our Chancery we have caused to come to you we send under the foot of our Seal that in the plaint which is before you by our Writ between I. son of I. demandant and E. tenant of the same Messuage c. you may be able the more securely to proceed c. T. c. A Mittimus for the foot of a Fine THe Protector to his Bayliffs of S. greeting Because in the levying of divers fines before I. S. and W. W. late Bayliffs of the Town of S. between W. R. and M. his wise plaintiffs and W. T. deforcient of eight Messuages c. and of ten shillings of rent with the appurtenances in S. in the year c. according to the liberties to Burgesses of the Town aforesaid by the Charters of former Kings of England our predecessors granted to be levyed manifest error did intervene as by the inspection of the tenours of the fines aforesaid and also of the record and process of the levying thereof which before us afterward at the sute of W. M. and Error hy the Heir upon a fine H. W. of S Cozens and Heirs of the aforesaid M. we caused to come to us appeareth And we in our Court before us for the errors found in the levying of the fines aforesaid and in the record and process of the same we have considered that the feet of the fines aforesaid from files of the fines aforesaid be drawn of and cancelled And therefore we command you that the feet of the fines aforesaid which are in your custody you send before us tali die wheresoever we shall then â—e c. cancelled according to our consideration abovesaid And have ye there this Writ T. c. Whether any but he which reserveth a fine may reap benefit thereby IF the estate contained in a fine be once within 15. years after Proclamations lawfully defeated That party hath there by lost his whole estate both against him which did revers the same and all others which had right or title paramount and made no claim within five years Albeit he which brought his Action have not JudgemeÌ„t and execution within seven years after the Proclamations Plow f. 358. b. In like manner if there be tenant for life the remainder for life the remainder in Fee and the first tenant for life alien and the alience levy a fine with Proclamations and the second tenant for life enter or claim as he may he defeateth the fine against himself and him in the remainder also Plow fo 359. a. 7 Eliz. Warrantia Chartae A Writ of Warrantia Chartae lyeth where a man by deed of grant Feoffment release or confirmation or fine or by exchange bindeth himself and his Heirs to warrant the Land to another who being tenant of the Land is impleaded for the Land or rent out of the same in an Assise or in a Scire facias upon a fine or in any other Action real wherein the tenant may not vouch he may sue a Warrantia Chartae against him and his Heirs which made warranty And for a tenant by homage auncestrell or any paiticular tenant upon reservation of rent or for egalty of services upon partition Fitz. Nat. fol. 134. d. f. g. h. Fitz. Nat. 135. c. 31 E. 3. 8 E. 4. 11. The Writ of Warra Chartae THe Protector c. That justly c. he warrant to D. one Messuage with the appurtenances in R. which he holdeth and of him claymeth to hold and whereof he hath his Charter as he saith And if c. or thus The Manor of N. with the appurtenances and the advowson of the same Town which he holdeth c. usque ihi whereof he hath his Charter or the Charter of R. Father or Mother or other ancestor of the aforesaid H. whose Heir he is as he saith And unless c. Of him that or the same A. warrant to the aforesaid D. the Manors of N. and R. and the hundreds of F. and G. with the appurtenances and the advowson of the Church of N. and therfore we command you c. But if a man infeoffe another with warranty by deed and the Feoffee infeoffe another and take estate from him in Fee the first warranty is determined because he is
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