Linguistic DNA - Concept Modelling Demonstrator

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
life_n	land_n	remainder_n	tail_n	4,170	5	10.1745	5	false

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

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

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

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

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

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

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

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

C. W. R. T. P. L tota vita ipsius E. praedict ' I. haered ' sui warrantÌ„ praedictis T. C. W. R. T. P. L. pÌ„dicta maneria tenementa redd ' cum pertinÌ„ si cut dictum est contra omnes homines durantÌ„ vita praedict ' E. c. A Fine of messuages cottages land medow pasture wood heaâ—he linge rent of a Parsonage of the aduowson of a Church HEC est finalis concordia facta in Curia dnÌ„ae Reginae apud W. a Sect. 73. die P. in quindecim dies Anno regni Elizab. dei gratia A. F. H. Reginae fidei defensoris c. a conquestu vicesâ—mo quarto coram E. A. T. M. F. W. W. P. Iustic ' alijs dominae Reg. fidelibus tunc ibi praesentibus inter I. B. genÌ„ R. C. generof quaerentÌ„ R. C. senioreÌ„ armigerÌ„ R. C. de Graies Inne in comitatu Midd ' generos deforc ' de centum messuagijs centum cotagijs duobus millibus acrÌ„ terrae mille acrÌ„ prati duobus millibus acrÌ„ pasturae centum acrÌ„ bosci mille acrÌ„ iampnorum bruerae centum solidis redditÌ„ cum pertinÌ„ in c. Necnon de Rectoria de K. cum ptinentijs Ac de aduocatione Ecclesiae de K. vnde placitum conuenc ' summÌ„ fuit inter eos in eadeÌ„ curia scilicet qÄ‘ pÌ„dict ' R. R. recognouerunt praedicta tenementa redditus rectoriaÌ„ cum ê‘tinentijs ac aduocationem pÌ„dictam esse ius ipsius I. vt illa quae ijdem I. et R habent de dono praedictorÌ„ R. et R. Et ill ' remiserÌ„ quietÌ„ clamauerÌ„ de ipsis R. haeredibus suis pÌ„dict ' I. et R. et haered ipsius I. imperpetuum âœ¿ Et praeterea ijdem R. et R. coÌ„cesserunt pro se haeredibus ipsius R. C. senioris quod ipsi warrantÌ„ praedictis I. et R. et haeredibus ipsius I. pÌ„dict ' tenÌ„ta redditÌ„ et rectoriaÌ„ cum ê‘tinenÌ„ ac aduocationem pÌ„dict ' coÌ„tra pÌ„dict ' R. R. haered ' ipsius R. C. â—enioris imê‘petuuÌ„ âœ¿ Et pro hac recognÌ„ remissione quietÌ„ clamac ' warrantÌ„ fine concordia ijdeÌ„ I. et R. dederunt pÌ„d ' R. et R. duo mille librÌ„ sterlingorum A Fine by the husband and his wife of the lands of the wife with graunt and render of the 4. parte of 2. messuages 4. tofts two gardens two orchards 200. acres of land 20. acres of medow 40. acres of pasture 12. acres of wood and 100. acres of moore in 4. partes deuided the Conusors do grauÌ„t the same againe to the Conusees for their liues without impeachmeÌ„t of wast and after their deaths to one of their sonnes in generall taile for default of such issue then to one other of the conusees sonnes in general taile for default of such issue then to the 3. sonne of the conusees in generall taile and for default of such issue to the right heires of the wife of the Conusor for euer HEC est finalis coÌ„cordia facta in CurÌ„ dominae Reg. apud WestmÌ„ Sect. 74. in Octab sancti Mich. Anno â—egni Eliz. dei gratia Angl ' Franciae HibernÌ„ ReginÌ„ fidei defens c. a coÌ„questu xxxvj coraÌ„ R. A. T. W. R. W. T. L. Iustic ' et alijs dnÌ„ae Reginae fidelibus tunc ibidem praesentibus inter G. I. et W. W. querÌ„ et I. C. I. vxorem deforc ' de quarta parte 2. messuagiorum 4. toftorÌ„ 2. gardinorÌ„ 2. pomarÌ„ ducentÌ„ acrÌ„ terrâ— 20. acrÌ„ prati 40. acrÌ„ pasturae 12. acrÌ„ bosci 100 acrarÌ„ more cum pertinenÌ„ in G. L. in quatuor partes diuis vnde placituÌ„ conuentionis summÌ„ fuit inter eos in eadeÌ„ Curia scilicet quod praedict ' I. I. recognÌ„ praedictaÌ„ quartam parteÌ„ cum ê‘tinÌ„ esse iusipsius G. vt illam quam ijdeÌ„ G. W. habent de dono praedict ' I. I. Et illam remis quietÌ„ clamÌ„ de ipsis I. I. haered ' ipsius I. praedict ' G. W. haered ' ipsius G. imperpetuum Et praeterea ijdem Io. Ia. concesserunt pro se hered ' ipsius la qd ' ipsi warrantÌ„ praedict ' G. W. haered ' ipsius G. praedict ' quartam partem cum pertinÌ„ contra pÌ„dictÌ„ I. I. hered ' ipsius â—a imperpetuum âœ¿ Et pro hac recognÌ„ c. ijdem G. W concesserunt pÌ„dict ' I. I. pÌ„dict ' quartam ê‘tem cum pertinentijs Et ill ' eis reddiderÌ„ in eadem curÌ„ Habend ' tenend ' eisdem I. I. de capitalibus dnÌ„is feodi illius per seruitia quae ad pÌ„dict ' quartam parteÌ„ pertment tota vita ipsorum I. I. eorum alterius diutius viuentÌ„ absque impetitione alicuius vasti Et post decessum ipsorum I. et I. praedict ' quarta pars cum pertinentijs integre remanÌ„ B. C. filio praedictorum I. I. haered ' de corpore ipsius B. legitime procreatÌ„ Tenend ' de capitalibus dnÌ„is feodi illius c. imperpetuum âœ¿ Et si contingat quod idem B. obierit sine haered ' de corpore suo legitime procreatÌ„ tunc post decessum ipsius B. pÌ„dict ' quarta pars cum pertinenÌ„ integre remanÌ„ P. C. al' fil' praedict ' I. I. haered ' de corpore c. Tenend ' de capitalib ' c. imperpetuum âœ¿ Et si contingat qd ' ideÌ„ P. obierit c. tunc post decessum ipsius P. pÌ„d ' quarta pars integre remanÌ„ R. C. al' fil' pÌ„dictorÌ„ I. I. haered ' de corpore c. Tenend ' de capitalibus c. imperpetuum Et si contingat qÄ‘ idem R. obierit c. tunc post decessum ipsius R. praedict ' quarta pars cum pertinÌ„ integre remanÌ„ rectis haered ' praedict ' Ia. Tenend ' de capitalibus dnÌ„is feodiillius per seruitia quae ad praedict ' quartam partem pertinent imperpetuum c. A fine of one messuage and of a 3. parte of 4. messuages in 3. partes deuided part in possession and part in reuersion of a third part for terme of the life of the tenant in Dower and for terme of the life of an other tenant for terme of life EborÌ„ ss PRaecipe I. W. A. vxori eius quod iuste c. tenÌ„ I. E. Sect. 75. E. E. conuenc ' de vno messuag ' c. necnon de tertia parte in tres partes diuidend ' quatuor messuag ' cum pertinenÌ„ c. Â¶ Et est coÌ„cordia talis scilicet quod pÌ„dict ' I. et A. recognÌ„ tenementa praedicta ac tertiam partem praedict ' cum pertinentijs eâ—â—e iâ—s ipsius I. de quibus ijdem I. E. et E. E. habeant vnâ—m mess cum pertinÌ„ in praedictis vill ' de T. B. parcell ' tenementorum praedictorum ac praedict ' tertiam partem quatuor

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

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

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

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

husbandman artificer laborer or any Ecclesiasticall person as Archbishop Bishop Archdeacon Deane Parson Vicar Clerke c. Or any Corporation or bodie ciuill politique or corporate hauing couent or common seale as Baylife and Burgesses Maior and Comminaltie or any other fraternitie or brotherhood 11. H. 4. 44. 12. H. 4. 20. 14. H. 4. 21. 7. H. 6. 27. And albeit it be not necessarie alwayes in fines to giue the parties their proper additions of place dignitie estate degree misterie or occupation Yet if there be two or more in one parishe of one name and surname it seemeth requisite for distinction sake to giue them some additions c. as I. S. senior or iunior c. As if a man haue two sonnes of one name or the father and his sonne be of one name the father shall not carie the addition of senior but the sonne of iunior and not the elder brother but the yonger 37. H. 6. 29. 47. E. 3. 16. What persons may be Cognizees in fines and secondly by what names they must be named ALl such persons as may be grauntees or take contracts may bee Sect. 15. cognizees as persons of full age Infants femes couert madde men lunatique ideots men imprisoned men without the Realme And all Corporations and ciuill bodies men attainted of felonie or treason men outlawed in personall actions bastards clerkes conuict villeines aliens c. And if a fine be leuied to a feme couert she needeth not to bee examined because she taketh by the fine And if she had any better estate before the fine the fine shall not conclude her to claime it 3. H. 6. 42. 41. E. 3. 7. 50. E. 3. 9. 24. E. 3. 62. Neither shall an Infant being cognizee ã€ˆâ—Šã€‰ 24. E. 3. 62. because the fine is for his benefite Tenant ã€ˆâ—Šã€‰ may be cognizee in a fine by which the cognizee doth confesse all his fight which he hath in the lands to be the right of the tenant for life and release and quite claime to him and his heires and not commit any forfeiture for thereby his former estate is not changed and it may inure to him in reuersion or remainder 1. H. 7. fol. 5. And an Abbot Deane and Chapter Maior and Cominaltie such like CorporatioÌ„s may be cognizees in fines But before the ingrossing of the fine to such Corporation a writ ought to be directed to the Iustices of the common place quod permittant finem illum leuari 5. H. 7. 25. 19. H. 6. 25. A Prior may be cognizee 22. E. 4. 15. E. 4. 22. But persons ciuilly dead as Monkes Channons and Friers can not be cognizees because they be vnder the rule of others and want ciuill capacitie 5. H. 7. 25. 19. H. 6. 25. By what names 2 Cognizees in fines must be named by their right proper names surnames for a fine being leuied to A. and Sibell his wife where her Christian name was Isabell was holden void 1. Ass pla 1. See the Section how the Cognizors are to be named and that will satisfie you for the naming of Cognizees Before what persons Fines may be knowledged HAuing thus perused the capacities estates names of cognizors Sect. 16. and cognizees it is time to inquire of the Iudges before whom this businesse may be handled Touching which it is to be noted that of these some are Iudges only at the time of the cognizances certificat thereof And others at the time of the Concord And Iudges of the cognizances are such persons as haue power to take such cognizance eyther by vertue of their offices or by some commission generall or speciall graunted vnto them by her Maiestie out of the high court of Chauncery All or two of the Iustices of the Common place may in open court take knowledge of fines and record them by vertue of their offices 15. E. 2. cap. And the chiefe Iustice of the Common place by the priuiledge and prerogatiue of his place and office may take cognisance of fines in any place out of the court and certifie the same without writ of Dedimus potestatem Dyer fol. 224. pla 31. And it seemeth by the Statute 15. E. 2. that if the parties be not able to trauell two of the Iustices of the common Bench with the consent of the rest or one of them with a Knight may go vnto the parties and receiue and certifie their cognizances into the said Court without any Dedimus potestatem to enable them thereunto But this course is long sithence discontinued And it seemeth that â—â—stices of Assises by the generall wordes of their Patents may take and certifie cognizances of fines without any speciall Dedimus potestatem for the wordes be in effect as followeth that is to say Necnon ad recipiend ' omnes fines concordias recognitiones in circuitu suo coniunctim diuisim recognitÌ„ pro illa vice in circuituillo non obâ—lante aliquo actu statuto siue ordinatione in contrarium c. Yet such Iustices vse not now to certifie them without a speciall writ of Dedimus potestatem sued forth of the Chauncery directed vnto them and giuing them therby power to take and certifie such cognizances as they haue alreadie taken Dyer fol. 224. plac 51. 5. Eliz. â— H. 7. 9. And fines haue beene leuied before Iustices Errants Lib. Intrac ' titulo Scire fac ' in Ayde 2. Of a Dedimus potestatem de Fine leuando A Special commission for a fine is a writ of Dedimus potestatem directed Sect 17. to some persons to take the cognisances of the cognisours which is graunted out of the Chauncery when Cognisors of fines by reason of infirmitie or other reasonable cause cannot come to the Court there to make cognisance thereof This Dedimus potestatem must containe the substance of the writ of Couenant and recite that it is thereof depending betweene the parties bearing Teste after the writ of Couenant which writ of Dedimus potestatem ought to be directed to men of good credite conscience and exptert in the lawes who must certifie the same with the cognisances to the Iustices of the common Plees as shal be shewed hereafter And euery such Dedimus potestatem to a special commission must be signed by the Lord Chancelor or Lord Keeper and Lord chiefe Iustice of the common plees or by some of the Iustices of the circuit where the land lyeth But now many writs of Dedimus potestatem to take knowledge of fines bee directed to men of meane degree and small knowledge with whom sometimes for fashion sake in such commissions be ioined Lords Knights and other of good credite but be seldome vsed in the execution thereof By meanes wherof oftentimes this busines is vnduely effected and Recognisances of femes couert within age and of other weomen neuer duely examined and of Infantes as also of madde men Lunatiques Ideots and men imprisoned are sometimes certified which would neuer be suffered if such Cognisors were for

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

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

totum quicquid in manâ—rio praeÄ‘ c. habent eid ' S. durante vita ipsius M. Et praedict ' A. M. warrantizabunt praedict ' S. hereÄ‘ praedict ' S. manerium c. cum pertinentijs sicut praedict ' est contra praedict ' A. M. durante tota vita ipsiâ—s M. Et pro hac c. A Fine knowledged by I. C. and This wife of ij messuages one barne c. to one H. P. with warraÌ„ty And the said H. P. in consideration of the said fine graunteth and rendreth againe by the same fine the premisses to the conusors for one day and afterwards to I. P. widowe for her life and after her death the presses wholy to remaine to H. P. and his heires for euer PRaecipe I. C. T. vxori eius quod iuste c. teneant H. conuenc ' c de duobê° messuagijs vno horreo c. Et nisi c. Â¶ Et est concordia talis scilicet quod praedict ' I. et T. recognoueruÌ„t Sect ' 145. tenementa praedict ' cum pertinenÌ„ esse ius ipsius H. vt illa que idem H. habet de dono praedict ' I. et T. Et illa remiserunt quiete clamÌ„ de se Warrantie hered ' suis prefatÌ„ H. hered ' suis imperpetuum Et preterea praedict ' I. T. concesserunt pro se hered ' ipsius I. quod ipsi warranÌ„ tenementa praedict ' cum pertinenÌ„ prefatÌ„ H. hered ' suis contra omnes homines The Render imperpetuum Et pro hac recognicionÌ„ c. praedict ' H. concessit tenementa praedict ' cum pertinenÌ„ prefato I. illa eis reddiderÌ„ in eadem curia Habend ' tenend ' eisdem I. T. protermino vnius diei Ita quod post â—undem terminum finitÌ„ tenementa praedict ' cum pertinenÌ„ integre â—emanerÌ„ I P. vid ' pro termino vitÌ„ eiusdem I. Et post mortem praedict ' I. messuag ' horteum praedict ' c. integre remanere H. P. hered ' suis imperpetuum Tenend ' de capitalibus dominis feodi illius c. Et quinque acras terre vnam acrÌ„ prati cum pertinentijs resid ' tenementorum praedict ' integre remanere A. P. hered ' suis imperpetuum Tenend ' c. The taking of the knowledge of the Fine CAptÌ„ et recognitÌ„ coraÌ„ Iaâ—obo Dyer militÌ„ capitali Iustic ' de CoÌ„muni banco Anno regni Reginae nunc secundo Notes to be obserued in Fines 1 Nota que ascun foits plusors choses passa en le Praecipe qÌ„ ne sont nosme en le concord 2 Nota qÌ„ vn clause de Reentrie ne poit estre en vn fine 3 Nota qÌ„ si home purchase diuerse parcels de terrÌ„ de diuerse homes il purroit passer touts les parcels eâ— vn common fine mes couient que il auer seueral garranties de chescun de les parties pur lour seueral parcelles 4 Nota que Catlyn chiefe Iustice del banke le roy dit que south noâ—me de bois haut bois Subbois passera en vn fine 5 Nota que per Dyer vn Render ne poet estre fait mes taÌ„tum a luy que est nosme en le fine mes vn remainder poet estre limitted a vn per fine coment que il ne soit nosme en le Praecipe A fine knowledged by the husband and wife vnto two of 30. messuages of landes pasture wood linge heath and rent in diuers places The Conusees render the same againe to the said Conusors for terme of their two liues with diuers remainders ouer after there deaths in generall taeile to the children of the said Conusors And for default of issue of the said Conusors to the right heires of the wife of the Conusor for euer HEC est finalis concordia facta in curia domini regis apud WestmonÌ„ Sect. 146. in crastino Ascensionis dominâ— Anno regni Henrici octaui dei gratia Angliae Franciae regis fidei defensoris domini HibernÌ„ a conquestu decimo nono coram R. B. A. F. T. E. W. S. Iustic ' Et postea in octabis sancti Trinitatis Anno regni eiusdem regis Henric ' supradicti ibidem concesserÌ„ recordatÌ„ coram eisdem Iustic ' alijs domini regis fidelibus tunc ibi praesentibus Inter W. H. I. R. querÌ„ I. S. T. vxorem eius deforc ' de triginta mesuagijs ducentis acris terre trescentis acris pasturae decem acris bosci ducentis acris Iampnorum bruere trigintÌ„ solidatÌ„ redditus cum pertinentijs in P. F. c. vnde placitum conuencionis sumÌ„ fuit inter eos in eadem curia scilicet quod praedicti I. C. et T. recognÌ„ praedict ' tenementÌ„ cum pertinentijs esse ius ipsius I. R. vt illa quae ijdem I. W. habeÌ„t de dono praedictorum I. C. et T. Et illa remiserunt quietum clamauerunt de ipsis I. C. T. et haered ' ipsius T. praedictis W. et I. R. imperpetuum Et praeterea Warrantie generall ijdem I. C. T. concesserunt pro se haered ' ipsius T. quod ipsi warrantÌ„ praedictis W. I. R. haered ' ipsius I. R. praedict ' tenementÌ„ cum pertinenÌ„ contra omnes homines imperpetuum Et pro hac recognÌ„ The render remissione quieta clamÌ„ warrantÌ„ fine concordia ijdem W. I. R. concesserunâ— praedictis I. C. T. praedicta tenementÌ„ cum pertinenÌ„ Et illa eis râ—ddiderunt in eadem curia Habend ' tenend ' eisdem I. C. T. de capitalibus dominis feod ' illius per seruicia quae ad praedictum tenementÌ„ pertinenÌ„ tota vita ipsorum I. C. T. alterius eorum diutius viuentis Et post decessum ipsorum I. C. T. praedict ' tenementÌ„ cum pertinÌ„ integre remanÌ„ I. C. filio praedictorum I. C. T. hered ' de corpore suo legitime procreatÌ„ teneÌ„d ' de capitalibus dominis feod ' illius per seruicia quae ad praedict ' tenÌ„tÌ„ pertinentÌ„ imperpetuum Et si contingat quod idem I. C. filius obierit sine haered ' de corpore suo legitime procreatÌ„ tunc posâ— decessum ipsius I. praedict ' tenÌ„ta cum pertinenÌ„ integre remanÌ„ R. C. alter filiorum praedictorÌ„ I. C. patris T. haered ' de corpore suo legitime procreatÌ„ tenend ' de capitalibus dominis feod ' illius per seruicia quae ad praedict ' tenÌ„tÌ„ pertinenÌ„ imperpetuum Et si coÌ„tingat idem R. obiere sine haered ' de corpore suo legitime ê“creatÌ„ tunc post decessum ipsius R. praedict ' tenÌ„ta cum pertinenÌ„ integre remanere haered ' de corporibus praedict ' I. C. patris T. legitime procreatÌ„ Tenend ' de capitalibus dnÌ„is feod ' illius per seruicia quae ad praedict ' tenÌ„tÌ„ pertinent imperpetuum Et si

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

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

but harmeth and anoyeth it and maketh either the body or the state and condition thereof worse Hurts to the bodie of the common wealth as treasons ANd through certaine offences is hurt to the common wealth immediatly Sect. 63. and alwaies or the members thereof The common wealth is hurt eyther in respect of the amplitude and maiestie thereof or of the profite and commoditie thereof which is hindered or intercepted When the Amplitude and maiestie thereof is harmed the offence is called treason And these treasons be high treason or petie treason High treason is when th offence is done against the securitie of the common wealth or of the Queenes most excellent Maiestie who is the true and vndoubted Soueraigne and chiefe head thereof whether it be by imagination word or deed as to compasse or imagine Treason or the death of the Prince or of the Queene his wife or his Sonne and heire apparant or to deflower the Kinges wife or his eldest daughter vnmarried or his eldest sonnes wife or leuie warre against the King in his Realme or to adhere to his enimies ayding them or to counterfeit the Kings great seale priuy seale or money or wittingly to bring false money into this Realme counterfeited like vnto the money of EnglaÌ„d and vtter the same Or to kill the Kinges Chauncellor Treasurer Iustice of th one bench or of the other Iustices in Eire Iustices of Assise Iustices of Oyer and Terminer being in his place and doing of his Office 25. Ed. 3. cap. 2. Forging of the kings signe Manuell or priuie signet priuie seale or forraine coyne currant within this Realme 2. Mar. cap. 6. Diminishing or impayring of money currant 2. Eliz. cap. 11. 18. Eliz. cap. 1. The second offence in refusing the oath of supremacie 5. Eliz. cap. 1. Or the compassing to depriue the Q. of her crowne 1. Eliz. cap. 6. Or to destroy the Queene 1. Eliz. cap. 6. Or to leuie warre within the realme against the Queene 1. El. ca. 6. Or to affirme that the Queene or the heires of her body is not or ought not to be Queene of England or that any other ought 1. Eliz cap. 6. Or intending the bodily harme of the Q. 13. Eliz. cap. 1. Or to leuie warre against the Queene 13. Eliz. cap. 1. Or to moue forreine inuasions of this Realme 13. Eliz. cap. 1. Or to declare that the Queene is not Queene 13. Eliz. cap. 1. Or to declare that any other ought c. 13. Eliz. cap. 1. Or to affirme the Q. to he an Heretike Scismatike tyrant infidel or vsurpor of the crowne 13. Eliz. cap. 1. Or to claime the crowne after the Queene 13. Eliz. cap. 1. Or to affirme that the common Lawes or statutes cannot binde the right of the crowne 13. Eliz. cap. 1. Or to maintaine the aucthority of the Bishop of Rome 5. Elizab. cap. 1. Or to obtaine any Bull from Rome 13. Eliz. cap. 2. Or to giue take or promise absolution thereby 13. Eliz. cap. 2. Or to conspire to enlarge any imprisoned by the Queenes commaundement for treason touching her person or suspition thereof 14. Eliz. cap. 2. Or to withhold any of the Queenes Castels or holdes 14. Eliz. cap. 1. Or any of her ships or ordinance of warre 14. Eliz. cap. 1. Or not to render the same Castels within sixe daies after proclamation 14. Eliz. cap. 1. Or to destroy any of the Queenes ships 14. Eliz. cap. 1. Or to barre any of the Queenes hauens 14 Eliz. cap. 1. Or to perswade any subiect from naturall obedience or ReligioÌ„ or to the obedience of any other or to be so perswaded 23. Eliz. cap. 1. Or for Iesuits to come into or be in this Realme 27. El. ca. 2. Or to be a Seminarie and not returne into this Religion within in sixe moneths after proclamation and take the oth of allegeance 27. Eliz. cap. 2. It is also to be noted that al maner of accessaries to the seueral treaons aboue mentioned are guilty of high treason Or of misprision of treason which is the concealment or not disclosing of knowen treason for which thoffendors are to suffer imprisonment during the Queenes pleasure loose their goods and the profite of their lands during their liues 2. R. 3. fol. 9. Offences hindering the commoditie of the common wealth NOw succeed thoffences which hinder the commoditie of the coÌ„mon Sect. 64. wealth The profite of the common wealth is hindered diuers waies as by forestalling engrossing regrating by idlenesse of appreÌ„tices artificers and seruants decaying of the breede of beastes destroying of fish by coÌ„spiracies of artificers and chapmen by not destroying of vermin as Foxes Bawsons Crowes Choughes c. Or by making or vttering any stuffe victuals or wares deceitfull corrupt or insufficient by not obseruing due weights measures or by transporting of things needfull in England as rawe hides tallow wooll lead corne or graine by erecting of cotages and breeding of exceeding many poore people and by sundry other meanes as plainly appeareth by sundry statutes and ordinances made for reformation therof Of all which particularly to discourse would occupie more time then I haue now determined to bestow about the same Forestalling is the buying or bargayning for any victuals or wares comming to be sold towards any faire or market Or from beyond the seas towards any citie port hauen creeke or rode of this Realme and before the same be there Or the mouing of any person to enhaunce the price of the same victuals or wares or the disswading to bring it thither to be sold 5. Ed. 6. cap. 14. 5. Eliz. cap. 12. 13. Eliz. cap. 25. Regrating is the buying and selling of any wares or victuals in the same market or faire or within foure miles thereof 5. Edw. 6. cap. 14. 5. El. ca. 12. 13. Eliz. cap. 25. Engrossing is buying of Corne growing or dead victuall to sell againe except barly or malt Oates for Oatmeale and victuals to retaile badging by licence and buying of Oyles Spices and victuals other then fish and salt 5. Edw. 6. cap. 14. 5. Eliz. cap. 14. 13. Eliz. cap. 25. Offences against Subiects IN these fewe haue we touched such offences as immediatly and alwaies Sect. 65. are committed against the common wealth it selfe now will we intreat of those which alwaies for the most part are perpetrated violently against the inferiour members of the same that is to say either priuate men themselues or their goods which are effected partly by force and partly without force Force is an offence by which violence is vsed to thinges or persons And force is either simple or mixt Simple force is that which is so committed that it hath none other crime adioyned vnto it As if one by force onely entreth into another mans possession without doing any other vnlawfull act there Mixt force is that violence which is committed with such a fact as of it selfe onely is criminall as if any by force enter into

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

If one haue a villein for yeres as executor who purchaseth lands in fee thexecutor by law and conscience shal haue the same lands in fee to the behoofe of his testator and they shall be deemed assets in his hands D. S. lib. 2. cap. 18. because he hath them by reason of his villein If a Lawier ignorantly or affectionately giue wrong counsel to his client who followeth it to his trouble and losse yet is he remedilesse as it seemeth D. S. lib. 2. cap. 19. Therefore it is good to aske aduise of none but such as be learned in the Lawes and of good conscience If a man without consideration giue landes by Indenture to H. and his heires vpon condition that if he pay not vnto I. S. â— li. rent yerely that then the said I. S. may enter c. which rent is not paid yet the said I. S. may neither enter by law nor conscience because he is neither party nor priuie to the said condition notwithstanding the intent of the giuer for such intent being not grounded vpon the law is void D. S. lib. 2. cap. 20. Plo. 25. B. But the feoffor as it seemeth may lawfully reenter because the words of the Indenture implie a condition in law to that effect D. S. lib. 2. cap. 23. If a man without consideration confirme thestate of his lessee for life the remainder to another in fee this remainder is void in law and equitie because a Remainder cannot commence but at the same instant that the particuler estate whereupon it dependeth began D. S. lib. 2. cap. 20. Plow 25. b. yet the feoffor and his heires in this case may enter for the breach of the said condition If by a feoffement indented it be agreed that the feoffee shall yerely pay to A. B. and his heires a certein rent and that if he pay it not that A. B. and his heire may enter c. albeit the feoffee pay not the money yet may neither the said A. B. nor the feffor enter for that there is no clause of reentre in the said deede Howbeit it seemeth he may haue remedy in Chancerie for the said yerely payment D. S. h. 2. ca. 21. If A. promise to giue vnto B. a summe of money or other thing of meere motion without any consideration the partie is not bound to performe this promise either by law or in ChauÌ„cerie because it is Nudum pactum D. S. lib. 2. cap. 24. If A. promise to giue B. x. s. in consideration of a trespas by him done vnto B. yet A. is not thereby bound in law nor conscience because this is an accord for which none action lieth And notwithstanding this accord B. may haue his action for the said trespas because the concord is executorie D. S. lib. 2. 24. If a man haue one sonne before mariage and an other after and bequeathed all his goods to his sonne and heire it seemeth both in law and conscience that the sonne borne after mariage shall haue the goods for he is heire by the common Lawes of the Realme of which the Spiritual Iudges are bound to take notice and to giue sentence accordingly of temporal things Notwithstanding that by the common Lawes the othersonne is legitimate and the testators heire for the auoiding of the inconuenience which might happen by the contrary iudgements in seuerall Courts In like maner temporall Iudges seeme bound in conscience to take notice of the common Law when they are to Iudge spirituall things and to order their Iudgements according to the same D. S. lib. 2. ca. 25. Iointenants and tenants in common of an Aduowson must within vi Monethes after auoidance agree and ioine in presentment of their Cierke And the eldest sister of Coparceners must present first and then the second by turne or by such composition as they make thereof except the yongest coparcener be the kings ward in which case the presentmeÌ„t belongeth to the king And if they keepe not this course of presentment within the sixe Monethes they loose their presentment for that time And the Ordinary may present by Laps both in law and conscience D. S. lib. 2. cap. 33. And if the auoidance be by death cession or creation the 6. Monethes commencâ— at the death creation or cession the patron is bound to take notice thereof And if by resignation or depriuation then from notice thereof giuen by the Ordinary to the Patron If by vnion from the agreement how they shall present D. S. lib. 2. cap. 31. The wife suruiuing her husband which tooke a lease for yeres or life in both their names may lawfully and with good conscience waiue and relinquish it So may an Executor refuse a terme made to his testator if he haue not assets Do. St. lib. 2. 33. If A. infeoffe an Abbot by deede indented vpon condition and the Abbot onely performeth not the condition the feoffor both in law and conscience may reenter and haue his land againe as in his former right D. S. lib. 2. 34. Warrantie collaterall A Man seised of lands in fee hath issue two sonnes the elder brother goeth beyonâ— the Sea remaineth there vntil it be commonly reported that he is dead the father dieth the yonger brother entreth into his lands as his heire and alieneth with warrantie and dieth without issue of his body leauing no land to discend to his next heire and afterwards the elder brother returneth and claimeth the landes in his owne right yet is he barred by Law and conscience for that it is the act of his auncester whose heire he is by whom as he might haue had aduantage to haue had his lands by discent from his as his heire if he had had any so it seemeth reasonable that for the priuitie of bloud he sustaine disaduantage by him because both the seller and the buyer were ignorant of the elder brothers life and right by reason of his owne absence D. S. lib. 2. cap. 49. LittÌ„ sectÌ„ 704. 705. 707. But if such heire were vouched by force of such warranty he might enter into the warrantie as one that hath nothing by discent from that auncester and so auoid the warranty Debtagainst one as heire If the father bind him and his heires for the payment of a debt die leauing assets by discent to his sonne heire he is bound to pay the debt by law and conscience because he hath such benefit by him Do. St. lib. 2. cap. 49. 26. H. 8. fo I. 40. E. 3. f. 38. 12. E. 3. f. 9. 13. E. 3. fo It is agreable both with law and conscience that a man outlawed either in felouie or in actions personals shall forfait loose all his goods because it is so ordeined for the necessitie of the admmistratioÌ„ of Iustice D. S. lib. 2. ca. 49. 43. E. 3. fo 18. 21. Ass 21. 39. H. 6. fo 26. 21. H. 7. f. 7. 49. E. 3. f. 5. 16. E. 4. fo 6. The like is of forfaiture of goods attached by

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

' 95. said bill of complaint exhibited against these defendants into this most honorable Court is very certaine true and sufficient in the law to be answered vnto and not deuised and exhibited into his most honorable Court of malice and euill will without cause conceiued against the said C. C. one of the said defendants to thintent thereby to vexe and molest him his said wife and daughter with vniust trauell and expences as in the said answeres is vntruly alleaged Nor chiefly to thintent and purpose so to wearie and impouerish and terrifie the saide C. C. with such suites that he should neither be able nor willing to prosecute the law against the said complainant for diâ—ers great summes of money which he doth owe vnto him the said C. C. and vniustly detained from him but is exhibited vpon iust cause of suit as the said complainant doubteth not to make manifest and proue vnto this honorable court with that that the said def or some one of them by sinister practise instigation and perswasion did allure prouoke intice the said complainants wife to grow to some discord with the said complainant to essoine and conuey into their or some or one of their keepings the said money goods in the said bill of complaint mentioned promising that the same should be readie vsed for her vse and behoofe to the end that they might the better bring to passe indirectly to gaine or get into their or some or one of their custody possession the said money goods by that means to defeat defraud the said complainants thereof as in the said bill of coÌ„plaint is very truly alleaged And also with that that the said complainaÌ„ts wife did with violeÌ„ce break open some part of the said coÌ„plainants house at S. in the said bill mentioned his said chist there being locked did essoine steale imbeasil conuey away from the said coÌ„plainant seuerall sums of money diuers parcels of his goods houshold stuffe in the night season in the day time by the practise of the said def or some or one of them or of some other person or persons by their or some or one of their means as in the said bil of complaint is likewise very truly declared And with that that the said complainants wife did deliuer or cause to be deliuered the said money goods in the said bill of coÌ„plaint mentioned vnto the custody and possession of the said def or of some or one of them or of some other person or persons by their or some or one of their meanes or consent as likewise in the said bil of complaint is most truly alleaged And without that that there was cause why the said coÌ„plainant should vse speech communication with the said defendants or some or one of them touching the premisses require to haue the said mony goods essoined imbeasiled to be to him restored or to haue some recompence for the same And that the said defendants or some or one of them do conuert and dispose the said money and goods to their or some or one of their vses whereby the said complainant shall be vtterly defeated thereof to his great hinderance as in the saide Bill of complaint is likewise most truly alleaged without that that any other matter cause or thing materiall or effectuall in the said answeres contained to be by the said complainant replied vnto and herein not sufficiently replied vnto confessed and auoided c. A Bill far that the Defendant hath got the Plaintifes bill for payment of money by them into their hands and thereby meane to defraude him of the same HVmbly complaining sheweth vnto your good Lordship your daily Sect ' 96. Orator N. T. of T. in the Countie of D. yeoman That whereas about two yeares now last past your said Orator did sell vnto one I. M. G. W. P. T. alias S. and R. H. foure oxen and three kine for 14. pound of lawfull English money And at the same time made vnto your said Orator a Bill of their hands for the payment thereof at the feast of S. Michaell tharchangell last past But now so it is if it may please your L. that the said bill of 14. pound is by casuall meanes come vnto the hands and possession of the said I. M. G. W. P. T. alias S. and R. H. or of some of them who haue cancelled and defaced the same bill And therefore albeit they haue beene diuers times gently required by your said Orator to pay vnto him the said 14. pound so to him due yet that to doe they and euery of them haue hitherto denied and refused and yet doe denie and refuse to doe the same against all right equitie and good conscience In due consideration whereof and for that your said Orator hath no remedie to recouer the said 14. pound without the said bill by the common lawes of this Realme May it therefore please your good Lordship c. A Bill for wrongfull entering into Copyhold lands intailed detayning of them and of the writings of the same for wasting the same and concontriuing secret estates thereof IN most humble wise sheweth vnto your good L. your daily Orator Sect. 97. A. G. of D. in the Countie of D. That whereas one T. G. father vnto your said Orator was in his life time lawfully seised in his demesne as of fee taile to him and to his heires males of his body lawfully begotten of and in one mesuage or tenement with thappurtenances scituate lying and being in W. in the said Countie of D. And was likewise seised to him and the heires males of his body lawfully begotten of and in foure cottages three closes or pastures and eight acres of arrable land with their appurtenacces lying and being in W. aforesaid being customarie lands and holden of the Q. Matestie as of her highnesse manor of W. aforesaid at the will of the Lord according to the custome of the said manor And the said T. G. being of all and singuler the premisses with their and euery of their appurtenances so seised as aforesaid of such estate died thereof seised By and after whose death all and singuler the premisses with their appurtenances did discend vnto H. G. as sonne and next heire male of the bodie of the saide T. by force and vertue whereof the said H. entred into all and singuler the said premisses with their appurtenances and was thereof lawfully seised to him the heires males of his body lawfully begotten And he so being therof seised of such an estate died seised By after whose death all and singuler the said premisses with their appurtenances did discend and come to T. G. as sonne next heire male of the bodie of the said H. by force wherof he the said T. entred into al singuler the said premisses was thereof lawfully seised in his demesne as of fee taile to him and the heires males of

the bargaine and couenants therein contained they the said T. and G. being as is aforesaid vnder the age of one and twenty yeares at the time of the making thereof It may please your honorable Lordship the premisses considered to grant vnto him this complainant the Queenes Maiesties most gratious writ of Subpena to be directed to the said R. E. T. E. and G. E. and euery of them thereby commaunding them and euery of them at a certaine day and vnder a certaine paine therein by your good Lordship to be limitted to be and personally to appeare before your honorable Lordship in the Queenes Maiesties high Court of Chancery then and there to answere vnto the premisses and further to stand to and abide such order and direction therin as to your good L. vpon the hearing of the said cause shal seeme to be agreeable with right equity and good conscience c. A Bill against the heire for entring into lands deuised to the plaintife praying a Commission to examine witnesses in perpetuam rei memoriam HVmbly complaining sheweth vnto your good Lordshippe your Sect. 110. poore and distressed orator G. W. of N. in the County of N. yeoman That whereas W. W. deceased father vnto your said Orator was in his life time lawfully seised in his demesne as of fee of and in the manor and Capitall messuage of N. in the County of N. and of and in one farme set lying and being within the parish of W. in the said County of N. of diuers other lands tenements hereditaments in N. aforesaid And also whereas the said W. W. deceased was likewise in his life time lawfully seised in his demesne as of fee of in certaine ground and one tenement with the appurtenances set lying and being within the parish of C. in the Countie of D. and also of and in the rectorie and personage of C. alias C. within the said County of D. and of diuers other landes and tenements set lying and being in the countie of N. and D. and he so being of the said landes and tenements seised did by his last Will and Testament in writing deuise and bequeath vnto your said humble Orator and to the heires males of his bodie lawfully begotten certaine parcels of land of and in the saide Manor of N. that is to say one mansion house wherein your said poore Orator now inhabiteth and dwelleth one close commonly called B. containing by estimation two acres or thereaboutes one other close commonly called C. containing by estimatioÌ„ two acres or therabouts one other close commonly called the vpper S. all which seuerall parcels of land are scituate lying and being in N. as is aforesaid in the foresaid Countie of N. one messuage or tenement commonly called by the name of an oxgang scituate and being in W. in the said County of N. and also one tenement called the N. scituate lying and being in the Countie of D. and also one lease of the rectorie and personage of C. in the County of D. by vertue force of which said deuise and bequeath your said humble Orator entered into the said premisses and the saide issues and profits of the same hath perceiued receiued and taken to his owne profit vse and behoofe as lawfull was for himselfe to doe as he verely beleeueth But now so it is if it may please your honorable good Lordship hhat one R. W. brother to your said humble Orator as sonne and heire apparant to the said W. W. his father deceased hath taken away concealed and cancelled as it is thought the said last Will and Testament of your said Orators father and hath taken vpon him the administration of all the goods and chattels of your said Orators father reiecting and disanulling the said last Will and Testament made by your said Orators father as aforesaid to thintent only therby of set purpose malice and vnbrotherlike dealing to defraud expell depriue and disinherit your said Orator of his right title and interest of and in the said lands deuised to him as aforesaid and also doth threaten your foresaid Orator that he may at his pleasure relinquish and disanul the beforesaid last Will and Testament made by your foresaid Orators father as is aforesaid and did take the administration of all your said Orators fathers goods and chattels and entred into all his said landes as is aforesaid contrarie vnto all right equity and good conscience and not christianlike but vnbrotherlike dealing and contrarie to the true intent and good meaning of your foresaid Orators Fathers Will made as is aforesaid vnlesse your good Lordship doe according vnto your accustomed goodnesse extend your clemency and pitty in that behalfe to your poore Orator In consideration whereof the premisses considered and for as much as the title of your said Orator by reason of the vndirect practise vsed as aforesaid in concealing cancelling and relinquishing the said last Will as aforesaid doth greatly depend vpon the witnesse and testimony of certaine persons dwelling within the County of N to prooue the true meaning of your said orators fathers Wil which are of great yeares and also very impotent not like long to liue nor yet able to trauell to this honorable Court to be examined for the testifying of the trueth touching the premisses as by common order appertaineth And also for that in time the said witnesses may die and by meanes thereof your said Orator may be in danger to sustaine disinherison of the premisses May it therefore please your good Lordship to grant the Queens c. A Bill for refusing to receiue the Plaintifes rent according to an order and taking of forfeiture of a bonde made for payment of the rent HVmbly complaining sheweth to your good Lo. your daily Orator Sect ' 111. I. T. of G. in the County of N. yeoman that whereas one I. K. of W. in the County of Yorke Miller pretended as in the right of his wife to be owner of a certaine messuage in E. in the County of N. aforesaid and of certaine land meadow and pasture thereuuto belonging and lying within the fields of E. aforesaid and the said I. R. so preteÌ„ding himselfe in the right of his said wife to be seised as is aforesaid about the 19. or 20. yeare of the Queenes Maiesties most gratious Kaigne that now is did demise the said messuage and land in E. aforesaid vnto your said Orator and one A. L. Gentleman to haue and to hold to them for the terme of 21. yeares from the time of the making thereof rendering therefore yeerely the rent of xx sÌ„ payable at Whitsontide and Martimnas by euen portions for the payment of which said rent of xx sÌ„ he the said K. knowing himselfe the title thereof to be questionable and likely to grow to some charges in law to your said Orator to defend did therefore cunningly get your saide Orator to become bound in an obligation of xx l for the yearely paiment of the said

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

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

humble wise complayning sheweth c. That whereas vpon Sect. 137. the imagination of honesty and good opinion that R. C. father vnto your saide Orator deceased had in one T. T. c. the said R. about Easter last past did ioine in bargaine with the said T. T. for the deliuerie of so much wares whereof the moitie was the said R. as amounted to the summe of c. vnto one I. S. of the Queenes Maiesties houshold Esquire for the which summe of c. the said S. stood bound by statute of the Staple vnto the said R. C. and T. T. payable at the feast of c. then next c. which was in the yere of our soueraigne c. And to the intent that the same R. being a man of such honestie and simplicitie as did neither suspect nor yet doubt the good conscience of the said T. who alwaies toward him had counterfaited such puritie of conscience and so honest behauior might the better by the help of the same T. come by his debt at the time to be due if he so long liued or els if he died that the said T. might be as a stay and sure meanes to his executors for the getting in of the same he the same R. trusted the said T. with the custodie of the said Statute Soone after the making of the which bargaine and somewhat before the said feast of c. the said R. deceased and made your Orator his executor thereby charging him aswell with the gathering in of all such summes of money as were due to the said Testator as also with the payment of all such debts as the said R. did owe. And so it is most gratious Lord that although your said Orator hath diuers and sundrie times since the decease of his said father required the said T. to haue the moitie of the said c. due to him by equitie and good conscience as executor vnto his said testator c. The said T. now declaring himselfe what he is hauing regard neither to conscience common honestie nor yet to the trust he was put in minding if he can with what iniurie he careth not vtterly to barre your said Orator from the hauing thereof and he himselfe against all reason and conscience to haue the said c. for nothing hath not onely with many sleight and subtill delayes lingred and delaied your saiâ— Orator long time from hauing the same but also now lately hath plainly answered and affirmed that your saide Orator shall haue no part nor penie thereof which if it should thus passe should be both great incouraging to such corrupt conscioned persons still to perseuer in such their lewd demeanour and in the meane time turne to the great impouerishing of your saide poore Orator Wherefore may it please your ho. Lordship of your accustomed equitie to inioyne the said T. that he repay vnto your said Orator the said c. moitie of the said c. if he haue receiued it of the said S. or if he haue not that he be nolet to your said Orator to do therein what he can for the obteyning and getting in the same And thus shall your said Orator haue cause continually to pray for the prosperous estate of your good Lordship long to indure A bill of Complaint for recouering of Euidences made by compulsion by a man in prison without consideration IN most humble wise complayning sheweth vnto your good Lordship Sect. 138. your daily Oratrix I. B. That whereas in the yeare c. it chaunced the husband of your saide Oratrix together with one c. iointly and seuerally to be bounden in a Recognizance of the summe of c. knowledged before your good Lordship in the Queenes Maiesties Court of Chauncerie for the payment of c. payable at a certaine day now past vnto one c. for which summe not being paied at the day due the said c. hath sued execution against your said poore Oratrices husband whereupon he was by yâ— Shiriffe of c. arrested about c. past and by all the said space hath remained in the Qu. Maiesties prison of Marshalsie to his great paine of body importable charges and in maner vndoing both of him your poore Oratrix and their small children which piteous estate of his with himselfe lamenting after he had well considered he then consulted with himselfe for his best remedy in that behalfe and therewithall calling to his minde that he had c. a kinsman and cosin called c. being of c. vnto whom your said oratrices husband for the vicinitie of bloud and abilitie of substance was bolder to make his mone for helpe of this his aduersitie then vnto anie other But farre contrarie to his expectation and against all humanitie whence your said Oratrices poore husband looked for most succour thence he receiued not onely least help but also most hurt For the said c. well perceiuing thaduerse estate that your Oratrices poore husband was and is in which was the greedinesse of the Marchant for his money thernest thought and care of your poore Oratrix and her poore children and the great desire that her said poore husband had as any man would of liberty and discharge of trouble would by no meanes promise his helpe vnto her said poore husband herein vnlesse he would be content to bargaine and sell all his lands amounting to the yearely rent of c. vnto him the sayd c. for an Annuity of xx li. sterling to him during his life and for the summe c. whereoâ— c. to be paide in hand whereunto your said poore Oratrices husband through the constraint of his saide case was compelled to agree and to seale such writings as the saide c. not long after hee brought to him Indentures coÌ„cerning the bargaine nothing doubting of c. being his cosin but that they would haue sealed to none other but onely such as conscience would stand with at which time the same c. neither paide nor profered any peny of the said c. according to his couenant with delay of paiment both against his promises and couenant After her said poore husband had studied vpon and therewithall read ouer the couenants comprised in the saide Indentures of this bargaine which indeede most honorable Lord were so parcially deuised for the behoofe of the said c. and againe so sore against your saide poore Oratrices husband as if the bargaine had taken effect had bin to the vtter vndoing of him and her with all their heires for euer your saide poore Oratrices husbande taking hold on the point that the said c. paied not the foresaide c. did at their next meeting renounce and say that he would not stand to the saide couenants and bargaine whereunto the said c. partly acknowledging in that he had not paide nor profered this c. saide before sufficient witnesses here ready to be sworne he was contented howbeit he said

secret estates to diuers vnknowne persons to defraude the plaintife of his apt remedie by the common lawe and so prayeth proces against the defendant To the Right Honorable Sir T. E. Knight Lord Keeper of the great Seale of England IN most humble wise complayning sheweth vnto your good Lordship Sect. 145. your dayly Orator I. B. labourer That whereas R. G. Widowe was lawfully seazed in her demesne as of fee of and in three messes twentie acres of land meadow leasowe and pasture with the appurtenances set lying and being in M. in the Countie of B. And the said R. G. being so seazed of all the premisses did of the same about fortie yeares last past enfeoffe certaine persons To haue and hould to them and their heires to the vse and performance of the last will and testament of the saide R. G. and by the same her will deuised all the premisses or the vse thereof to her sonne W. B. and to the heires of his body lawfully begotten with diuers remainders ouer and dyed by and after whose death the said W. B. into the premisses entred and was thereof lawfully seazed in his demeasne as of fee tayle generall by force of the gift aforesaid And the said W. B. so being seazed of the premisses died of such an estate thereof seased by an after whose death the same premisses did discend and come to your said Orator as sonne and heire of the body of the said W. B. by force of the deuise aforesaide by reason whereof your saide Orator in the premisses entred and was thereof seazed in his demesne as of fee by force of the saide gift in taking the issues and profits accordingly vntill of late that is to say about foure yeares last past that as well the saide deede of feoffment and last will and testament aforesaide as also diuers other euidences charters escripts and miniments concerning the premisses are by casuall meanes come to the handes custodie and possession of one R. W. of S. aforesayde in the sayde Countie yeoman who by cullour of hauing of them hath not onely entred into the premisses and thereof expulsed your sayde Orator but also hath contriued diuers secret estates to diuers and sundry persons to your Orator vnknowne in purpose to defraude and delay your sayde Orator to his apt action and remedie by the course of the common lawes of this realme for recouerye of the prâ—misses to your Orators vtter vndoing and disinheritance for euer And for as much as your sayde Orator knoweth not the certayne number nor the dates and contents of the sayde Euidences Charters Escripts or Miniments nor yet wherein the same be contayned whether in bagge or boxe sealed or vnsealed or in chest locked or vnlocked by reason whereof your sayde Orator is clearely without all remedye for the recouerie thereof by the ordinarie course of the common lawes of this Realme In tender consideration whereof may it please your good Lordship the premisses considered to graunt vnto your sayde Orator the Queenes Maiesties most gracious writ of Subpena to be directed vnto the sayde R. W. commaunding ã€ˆâ—Šã€‰ thereby persoâ—â—lly to appeare before your good Lordship in the Queenes Maiesties high court of Chauncerpe at a short day and â—â—der a certayne payne therein to be limited then and there to answere to the ã€ˆâ—Šã€‰ and to abide such order and direction therein as to ã€ˆâ—Šã€‰ and iustice shall appertayne And your said poore Orator shall dayly pray as â—e is bounden for the health and long life of your good Lordship with all increase of honour to Gods will and good pleasure A bill against two for the deliuerie of heâ—reloomes or principalls to the plaintife being sonne and heire according to the custome of the Countie Pallantine of Chester To the Right Honorable Sir Nicholas Bacon Knight Lord Keeper of the great seale of England COmplayning sheweth vnto your good Lordship your dayly Orator Sect. 14â— I. S. of Lincolnes Iâ—â—â— Geâ—â— sonne and heire of I. S. of D. within the Countie of â— That where as the sayde I. S. was in his life time lawfully possessed of and in diuers goods and Chattels as of his owne proper goods that is to say Plate Iewels houshold stuffe beasts cat-cattaile horses and other manner of goods amounting to the value of fiue hundred pound or neere thereabouts and so being thereof possessed made his testament and last will ordeyning thereof Elizabeth then his Wife and nowe Wife to B. P. his sole executrix and shortly after dyed possessed of the premisses as aforesayde within the said Countie of C. Immediatly after whose death the said E. did take vpon her the administration of the said goods and other the premisses accordingly by vertue whereof she was thereof possessed accordingly But so it is and please your Honor that the custome of all the countrie within the said Countie of C. is and time out of minde of man to the contrarie hath beene that if any person or persons being possessed of goods and cattels as of his owne proper goods and cattels and dye thereof possessed that the next heire to him that so dyeth possessed shall haue the best and principall thing of euerie sort and kinde of the said goods and cattels for and in the name of the principals and heire Lomes by force vertue whereof your Orator being the sonne and heire of the said I. S. was after the death of the saide I. S. iustlie entituled to a great part of the said goods and cattels amounting at the least in value to 200. pound or neere thereabouts by reason whereof and for that your said Orator was at the time of the death of his saide father vnder age of xxi yeares and yet is and in ward to the Queenes Maiestie and hauing the possession of so much of all the said goods and cattels as to your said Orator did appertayne and of right belong by vertue of the custome aforesaid being verie neere to the value of two hundred pound by deliuerie of the saide E. in her Widowhood immediatly after the death of the saide I. S. your saide Orator did incontinently thereupon deliuer the same to the said E. to be safely by her kept to your saide Orators vse and to be in like maner safely redeliuered to your saide Orator at such time or times as by your saide Orator or his assignes she should be thereunto required sithence which said redeliuerie made by your said Orator to the said E. as aforesaid the said E. hath taken to husband one B. P. Genâ— by reason whereof all the said goods cattels and other the premisses were and did come after the said entermariage into the hands and possession of the same B. P. which said E. sithens the said deliuerie made by your said Orator vnto her as aforesaide before the day of entermariage hath vtterly refused to make any redeliuerie of the said goods and cattels so by your said Orator to her deliuered as aforesaid or yet to make

in the Countie of Hertford of the yearely value of 40. l or thereabouts and a certaine yerely rent of 30. l or thereabouts going out of the manor of Shobington in the Countie of Buckingham and diuers other mannors lands tenements and hereditaments in diuers other Counties of England which ought to be contributorie to the payment of the sayd 12. C. pound and therefore the same is vndulie and contrarie to lawe charged vpon the said mannors of Hockering and Northtuddenham which the saide maister Lo. holdeth as a Feoffee for which reason the said maister Lo. as this defendant supposeth hath pursued his Scire facias against the saide complaynant in this honorable Court for the discharge of the said mannors of Ho. and N. from the saide vndue execution and for the recouerye of the sayd issues and profits comming and growing of the same mannors from the time of the said execution for which cause this defendant humbly prayeth this honorable Court that the said complaynant may be referred to the Common lawe to bring his action against this defendant for the recouerie of the said rents due vpon the saide leasses and estates which this defendant holdeth of the saide mannors wherein the validitie of the said extent and execution may be tryed so as the said defendant may know to whom to pay his saide rent without danger or further trouble and this defendant is readye to stand to such order as this honorable Court shall award concerning the shewing to the saide complainants of his estates tearmes which he hath of and in the said parcell of the demesnes of the said mannor of Ho. or holdeth of the same and other circumstances thereof without that that this defendant is Farmer Customarie or free tenant of any other part or parcell of the saide manors or other the premisses in the saide bill mentioned or hath in his hands any Courtrowles Rentalls or Counterpanes of leases concerning the premisses in the saide bill mentioned other then in his Answere before is declared as in the said bill of complaint is vntruly alledged And without that that the said defendant hath vnlawfully confederated with any the persons in the said bill mentioned to defeate the saide complaynant of his lawfull execution and estate in the premisses in the said bill mentioned as in the said bill of complaynt is also vntrulie alledged And without that that any other matter or thing in the said bill of complaynt mentioned materiall or effectuall to be answered vnto and not herein sufficiently answered confessed and auoyded trauersed or denyed is to these defendants or any of their knowledges true All which matters these defendants are ready to auerre and prooue as this honorable Court shall award and prayen to be dismissed out of the same with their reasonable costs and charges in this behalfe most wrongfully sustained A Bill into the Chauncery for detayning of euidences entering into a meadowe and a pasture and making to themselues diuers estates To the Reuerend Father in God Thomas Bishop of Ely Lord Chauncelor of England IN most humble wise sheweth and complayneth vnto your good Sect ' 151. Lordship your dayly Orator G. I. That where W. I. father vnto your said Orator was seised in his demeasne as of fee of and in fifteene Acres of pasture and meadowe with thappurtenances in Clare in the Countie of Suffolke and so being thereof seised dyed by protestacion seised After whose death the saide fifteene Acres of pasture and meadowe and all other the premisses with the appurtenances descended and came and of right ought to descend and come vnto your said Orator as sonne and heire vnto the saide W. I. So it is if it may please your good Lordship that certaine euidences deedes charters and other muniments concerning the premisses are come to the hands and possession of M. G. Widow and A. G. who by colour of hauing the saide euidences haue entered into the premisses and haue conueyed vnto them and to their heires diuers and sundrie estates in the lawe for the disherison of your said Orator and of his heires for euer And because your said Orator knoweth not the certaintie of the saide euidence nor whether it be contayned in bagge or bore sealed or in chest locked he is without remedie for the recouerie of the same by the order of the Common lawe except your Lordships fauour be vnto him shewed in this behalfe In consideration whereof it may please your good Lordship the premisses considered to graunt a writ of Subpena to be directed to the saide M. G. Widow and A. G. commaunding them by the same personally to appeare before your good Lordship in the Kings high Court of Chauncerie at a certayne day and vnder a certayne payne by your good Lordship to be limited there to aunswere vnto the premisses and after to abide such decree and order therein as to your good Lordship shall be thought to stand with right and conscience And your saide Orator shall dayly pray for the preseruation of your Lordships Honor long to endure The Aunswere of one of the defendants to the Bill next before who pleadeth that the plaintifes father sould the landes in the Bill mentioned to T. H. who sould the same to the defendants husband who conueyed the same to the defendant for her life And sheweth that at the time of the saide purchase and after the premisses were in diuers Feoffes in vse and sheweth afterwards the making of the Statute of 27. Hen. 8. for transferring of vses into possession The Aunswere of M. G. Widow to the Bill of complaynt of G. I. THe said defendant saith that the said Bill of complaint is vntrue Sect ' 152. vncertaine and insufficient in the lawe to be aunswered vnto and the matters therein contayned determinable at the Common lawe and not in this honorable Court whereunto the said defendant prayeth to be dismissed and thaduantage thereof to the said defendant alwayes saued if she shall be compelled to make any further aunswere vnto the saide insufficient Bill Then for the declaration of the truth the saide defendant sayth That as to any pasture or meadowe in Clare the saide defendant knoweth not that she is Tenaunt of or hath any that was belonging to the saide W. I. within the sayde towne or parish of Clare or detayneth any euidence concerning the same to her knowledge But the saide defendant sayth the sayde W. I. mentioned in the sayde Bill of complaynt together with I. W. alias Miller I. F. c. were seised of and in seauen Acres of pasture and moore and three Acres and one Roode of meadowe in S. in their demeasne as of fee to the vse of the sayde W. I. and of his heires and so beeing thereof seised the sayde W. I. bargained and soulde the pasture moore and meadowe last before remembred vnto one T. H. and to hys heires for euer By vertue of which bargaine the sayde W. I. and hys sayde other Coefeoffees were thereof

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