the Mannot of D. belonging Whereupon plea of Covenant was summoned between them in the said Court to wit that the aforesaid M. hath recognised the aforesaid Honour Castle Sheriffdom Isle Baronie Hundred Borough Knights-Fee Scite Mannor Park Prebend Tenement Rents Common of Pasture free Warren free Fishing liberty of Saltpeter Lead Bullen Pit Rectory Tithes Oblations Thanage Stallage Piccage Pontage Corrodie Water pit view of Frank pledge Liberties Franchises Custodies Office of Steward Balywicks Fairs Markets Passage Wreck of the Sea Moyety and third parts with the Appurtenances and Advowsons Presentations free Disposition right of Patronage Portions and Pensions aforesaid to be the right of him the said I. as those which the fame I. hath by the gift of the foresaid M. And those he hath remised and quite claimed from himself and his heirs to the aforesaid J. his heirs for ever And furthermore the same M. hath granted for himself and his heirs that he will warrant to the aforesaid I. and his heirs the aforesaid Honor Castle Sheriffdome Isle c. as above against himself and his heirs for ever and for this recognisance fine c. A Fine of a Rent Nott. ss COmmand J. Earl of H. and Dame K. his Wife Countesse of H. that justly and without delay they hold to W. C. Covenant c. of 40 pounds yearly rent issuing out of the Mannor of E. c. And unlesse c. And the Concord is such to wit that the aforesaid Earl and Countesse have recognised the rent aforesaid with the appurtenances to be the right of him the said W. as those which the said W. hath by the gift of the aforesaid Earl Countesse and those they have remised and quite claimed from themselves and their heirs to the aforesaid W. and his heirs for ever And furthermore the said Earl and Countesse have granted for themselves and the heirs of him the said Earl that they will warrant the rent with the appurtenances to the aforesaid W. and his heirs against all men for ever And for this c. A Fine of part of a rent by Husband and Wife Suff. ss COmmand R. and J. his Wife that they hold to H. C. Covenant c. of the third part of five pounds six shillings and eight pence rent with the appurtenances issuing out of the Mannors of K. And unlesse c. And the Concord is such to wit that the aforesaid R. and I. have recognised the third part aforesaid with the appurtenances to be the right of him the said H. as that which the same H. hath by the gift of the aforesaid R. and I. And that they have remised and quite-claimed from themselves and the heirs of him the said I. to the aforesaid H. and his heirs for ever And furthermore the same R. and I. have granted for themselves and the heirs of him the said I. that they will warrant to the aforesaid H. and his heirs the aforesaid third part with the appurtenances against all men for ever And for this c. A praecipe with an exception and saving some parcels COmmand c. Covenant c of the Rectory of T. with the appurtenances except the Advowson of the Vicaridge of the Church of T. And unlesse c. And the Concord c. That the aforesaid A. hath recognised the Rectory aforesaid with the appurtenances except before excepted to be the right c. And that he hath remised c. except before excepted And furthermore the same c. hath granted for himself c. that he will warrant to the aforesaid c. the Rectory aforesaid with the appurtenances except before excepted c. A Concord with a render for life to the Husband and the Wife being the Conusors of parcel of Mannors and Lands conteined in the Writ of Covenant the remainder to the first and second begotton Sons of the Conusors in tail and to the heirs Malâ—s and for default of such issue then to the Conusors in general tail and for default of such issue then to the right heirs of the Conusors for ever with grant and render of ten Messuages c. residue of the same Mannor c. to the said Conusors ANd the Concord is such to wit that the â—foresaid T. and F. have recognised the Mannors Tenements and Rents aforesaid with the appurtenances to be the right of him the said E. as those which the same E. and R. have by the gift of the aforesaid T. F. and those they have remised and quite claimed from them the said T. and F. and the heirs of him the said F. to the aforesaid E. and R. and the heirs of him the said E. for ever And moreover the same T. and F. have granted for themselves and the heirs of him the said F. that they will warrant the Mannor Tenements and Rents with the appurtenances to the aforesaid E. and R. and the heirs of him the said E. against them the said T. and F. and the heirs of him the said F. for ever And for this recognisance c. the same E. and R. have granted to the aforesaid T. and F. the Mannor of S. aforesaid with the appurtenances and 10 Messuages 8. Cottages 20 acres of Land 20 acres of Meadow 160 acres of Pasture 300 acres of Moor six shillings rent with the appurtenances in A. and F. aforesaid parcels of the Mannor Tenements and rent aforesaid And those to them they have rendred in the same Court. To have and to hold to the aforesaid T. and F. for the term of the lives of them the said T. and F. and the life of the longer liver of either of them without impeachment of any manner of wast And that after the decease of the aforesaid T. and F. and the longer liver of either of them the aforesaid parcels of the Mannor Tenements and Rent aforesaid with the appurtenances shall remain to the first begotten Son of the bodies of the aforesaid T. and F. between them lawfully begotten and to the heirs males of the body of the aforesaid first begotten Son lawfully begotten To hold c. and if no heir of the body of the said first begotten son shall be lawfully begotten the aforesaid parcels of the Mannor Tenements and Rent aforesaid with the appurtenances shall remain to the second begotten Son of the body of the aforesaid T. and F. between them lawfully begotten and the heirs males of the body of the said second begotten Son lawfully begotten to hold c. And if no heir of the body of the said second begotten Son shall be begotten then the aforesaid parcels of the Mannor Tenements and rent aforesaid with the appurtenances to remain to the heirs of the bodies of the said T. and F. between them lawfully begotten to hold c. And if no heir of the bodies of the said T. and F. between them shall be lawfully begotten then the aforesaid parcels of the Mannor Tenements and Rent aforesaid with the appurtenances
bar 4 Serjeants  13 4 To the Criers  1 0 To the Box  1 0 To the Warden of the Fleet  0 6 For the Common Vouchee  0 4 For the Attorney Generals hand to the Writ  10 6 For making the Remembrance when the Recovery is drawn at the bar  2 0 For the return of the writ of Entry  0 4 For return of the writ of Seisin  2 0 To the Prothonotary for entry of the Recovery  14 6 To the Clerk for exemplifying thereof and making the writ of Seisin  7 6 For sealing the Exemplâ—fication writs of Seisin  2 9 For filing the writs of Entry and Seisin  2 0 For the Fee of the Demandant Tenant and Vouchee in the Recovery  10 0 Charges of a Recovery by summons upon a warrant of Attorney For drawing your Precipe and the warrant of Atturney 0 3 4 For entry of the Summons 0 6 6 For making the writ of Summons the Seal 0 2 7 To the Clerk for drawing the Summons and the entry in Parchment 0 2 6 For filing every warrant of Atturnment 0 0 8 For return of the writ of summons 0 2 0 For the filing of it 0 1 0 Note that every single Voucher hath 3 Serjeants a double Voucher 4 Serjeants and a treble Voucher hath 5 Serjeants and so further The Prothonotary hath as you see for his Entry for every Summons 0 6 6 For every single Voucher 0 10 6 For every double Voucher 0 14 6 For every treble Voucher 0 18 6 For every Dedimus Mittimus 0 4 0 The Charges of a Recovery under the great Seal of England For the Certiorari 0 13 4 For the allowance thereof 1 9 6 To the Clerk for his pains 0 6 8 For the Exemplification of every Skin 1 6 8 For the Seal 1 0 6 THE TABLE THe Definition of a Fine pag. 1. Who may be Cognisors in Fines and who not 7. What persons may be Cognisees in fines 9. Of what things fines may be levied and what not 10. By what names things may pass in fines 12. The order form of placing things in fines 14. The place wherein the Lands lie 16. Of the forms of Concords 17. Observations at the knowledge of fines how to acknowledge a fine before the Lord chief Justice 18 The charge of the said fine 21. Observations at the knowledge of a fine by a special Dedâ—mus Potestatem 22 The charges thereof 25. How to acknowledge c. by Ded. Potest 25. Charges of a fine knowledged by Ded. Potestat before a Judge and exemplified 26. The charges thereof 27. How to acknowledge a fine at the bar in Court 28. The charges thereof 29. A Writ of Coâ—enant of Common 23 Of Land and Sheep walk ibid. Of wood and foldage ibid. Of wood 33. Of a Parsonage impropriate and of the moyety of Tithes ibid. Of a Mannor of rent and of free folding for sheep ibid. Of a writ of Covenant of 3 parts of 4 Messuages 4 Cottages c. 34. A writ of Covenant of Tithes ibid. A writ of Covenant of the Scite of a Monastery ibid. A writ of Covenant of divers things 35. A wrir of Covenant of Dismes and Tithes 36. A Release by fine by one to two 37. A fine sur cognisance de droit by the Husband and Wife to two ibid. A fine by Baron and Feme and another 38. A fine of a parcel in reversion by a coparcener 39 A fine by an Earl Husband and Wife to an Archbishop and another 40. A Concord from two to two with special warranty 41. A fine upon a recognisance of right as that which he hath of his right with release and warranty by Husband Wife to a third person with a general warranty 42. A Concord of many things together sur cognisance de droit come ceo c. 43 A fine of a rent 47. A fine of part of a rent by Husband Wife 48. A Praecipe with an exception and saving some parcels ibid. A Concord with a render for life to the Husband and Wife being the Conusors of parcel of Mannors and Lands contained in the writ of Covenant the remainder to the first second begotten sons of the Cognisors in tail and to the heirs males for default c. then to the Cognisors in general tail for default c. then to the right heirs of the Cognisors for ever with render and grant of 10 Messuages c. residue of the same Mannor c. to the said Cognisors 49 A fine of homage rent and services 51. A fine of a Mannor and Knights Fees and services by the Husband and Wife others 52. An old fine in Frank almoigne before Justices in Eyre in Anno 55. H. 3. 53 A Concord of Lands in the County Palatine of Lancaster 54 A Lease for reserving a Rent 55. A Lease for years rendring rent 55. A Lease for years by fine by one his wife 57. A Lease by Tenant for life for 21 years if shee lives so long 58. A Lease to the wife for 21 years to commence after her Husbands decease reserving a rent the Cognisees grant back the same reversion and rent 60. A fine of a remainder for years 62. A Lease in Reversion paying rent 63. A Lease to divers for 90 years for their lives with rent and herriots reserved c. 64. A Lease reserving a rent of 20l. with a Nomine poene and a distress 66. A fine upon Grant and render to one for term of life without impeachment of wast for 16 years after her death then the one moyety to one in fee the other to another 68 A render for life the reversion to one and his heirs males the remainder to another and his heirs 69. A Lease for life the remainder for life to the wife in the name of her Joynture with the remainder in tail bid A fine where the Husband buyeth lands and granteth them again to the Cognisors for his Wifes life 70 A Concord of divers Tenements Rent of a Rectory and Advowson c. 71 A fine of the fourth part of two Messuages the one by a Coparcener of his part c. to two strangers 72 A fine of Lands part in possession and part in reversion of a third part for term of the life of the Tenant in Dower and for term of the life of another Tenant for term of life 74 A Grant and Render of a reversion of a moyety 76 A Render to the Cognisor for one week after to a stranger for life and to his Wife for life if she keep her unmarried the reversion to another stranger and his heirs of his body upon M. his Wife begotten the remainder to another and his heirs 78 A Fine of two Reversions 79 A Grant to the Cognisee and his Wife and the heirs of their two bodies with Warranty 80 A Grant with a Render back again for
when it shall happen fully shall be satisfied and paid also the aforesaid R. and V. have granted to the said I. and M. the reversion of the Tenements aforesaid with the appurtenances the said rent of 4 pounds and the aforesaid rent of the best Beast in the name of an Heriot above reserved And those to them they have rendred in the said Court. To have and to hold to the said I. and M. and the heirs of the said I. and M. and the heirs of the said I. of the chief Lords of that fee for ever c. A Lease reserving a Rent of 20 l. With a nomine paene and a distress Midds ss COmmand E. P. Esq and M. his Wife and R. B. that they hold to I. R. and T. S. Covenant of one Messuage c. And the Concord is such to wit that the aforesaid E. P. M R. B. have recognised the Tenements aforesaid with the appurtenances to be the right of him the said I. T. as those which the said I. T. have by the gift of the said E. M. R. with a Release and warranty and for this c. The said I I. T. have granted to the said R. the Tenem aforesaid with the appurtenances those to him they have rendred in the said Court To have to hold to the said R. from the feast of St. Michael last past for the term of 31 years from thence next following and fully to be compleat yielding therefore yearly to the said I. and T. and the Heirs of him the said I. twenty pounds of lawfull money of England at two Terms of the year to wit at the Feast of the Annuntiation of the blessed Virgin Mary and of St. Michael the Arch-angel by equall portions yearly to be paid all the term aforesaid And if it happen the aforesaid rent of 20 l. or any parcell thereof to be in arrear and unpaid in part or in all by the space of forty daies after any Feast of the said Feasts in which the same ought to be paid that then the aforesaid R. shall forfeit to the said I. and T. the Heirs of the said I. 5. pounds in name of a pain and that then and so often it shall be lawfull for the said I. and T. and the Heirs of the said I. into the aforesaid Tenements with the appurtenances to enter and distrain and the distresses so there taken and had lawfully to lead bear and drive away and in their custody to retain untill aswell of the aforesaid 20. pounds as of the aforesaid 5. pounds in the name of a pain as aforesaid forfeited with the arrearages thereof if any shall be he shall be fully satisfied and paid Also the aforesaid I. and T. have granted to the aforesaid E. and M. the aforesaid Tenements with the appurtenances and the aforesaid rent of 20. pounds thereupon reserved and the aforesaid summe of 5 l. in the name of a pain And those to them they have rendred in the said Court. To have and to hold to the said E. and M. and the Heirs of the body of him the said E. lawfully begotten To hold c. And for default of such Issue the remainder thereof to W. W. and his heirs for ever To hold c. A Fine upon grant and render to one for term of life without impeachment of wast and for 16 years after her death then the one moiety to one in fee and the other to another York ss COmmand E. A. Widddow late Wife of W. A. W. Knight deceased that she hold to T. E. Covenant of the moiety of the Mannor of H. c. And the Concord is such to wit that whereas E. A. hath recognised c. And for this c. the same T. E. hath granted to the aforesaid E. A. the moiety aforesaid with the appurtenances And that to her hath rendred in the same Court. To have and to hold the aforesaid moiety of the Mannor c. to the aforesaid E. A. for the term of her life without impeachment of any wast of the chief Lords of that Fee by the services which unto the aforesaid moiety do belong all the life time of the said E. and for the term of sixteen years from thence next following after the death of the aforesaid E. and after the aforesaid Term of 16 years ended and determined that then one moiety of the aforesaid moiety of the Mannor aforesaid c. with the appurtenances shall remain to B. G. now Wife of G. Esq and the heirs of her the said B. to hold of c. And the other moiety of the aforesaid moiety of the Mannor c. aforesaid with the appurtenances shall remain to E. G. now Wife of N. G. and the heirs of her the said E. to hold of the chief c. A Render for life the reversion to one and his heirs males the remainder to another and his heirs Essex ss COmmand N. A. and W. that they hold to R. C. and T. C. Covenant of three Messuages And for this c. the said R and R. have granted to the aforesaid W. the tenements with the appurtenances And those to him they have rendred in the same Court. To have and to hold to the same W. and his assigns To hold of the chief Lords of that Fee by the services which unto the aforesaid tenements do belong all the life time of him the said W. and after the decease of him the said W. the said tenements with the appurtenances wholly shall remain to I. C. and the heirs males of the body of him the said I. lawfully begotten To hold c. And if there be no heir of the body of the said J. lawfully begotten then the said tenements with the appurtenances shall wholly remain to I. C. the brother of the aforesaid I. and his heirs for ever To hold c. A Lease for life the remainder for life to the Wife in the name of her Jointure with the remainder in tail ANd the Concord is such c. And after the decease of him the said J. the aforesaid c. with the appurtenances wholly shall remain to I. W. the Daughter of I. W. in the name of a Joynture whom God willing the said I. C. will take to his Wife to hold of the chief Lords c. all the life time of her the said I. and after the decease of her the said I. the aforesaid c. with the appurtenances wholly shall remain to the heirs males of the body of the aforesaid I. C. lawfully begotten To hold of the chief Lords c. A Fine where the Husband buyeth lands and granteth them again to the Cognisors for his Wifes life York ss COmmand T. C. Esq W. R. Esq T. P. Esq and L. B. Gent. that they hold to J. D. and E. his Wife the Covenant of the Mannor of C. N. and E. with the appurtenances and of 200 Messuages c. and of twenty pounds
c. with the appurtenances as aforesaid against the aforesaid A. and M. during the life of her the said M. And for this c. A Fine knowledged by J. C. and T. his Wife of 2 Messuages 1 Barn c. to one H. P. with warranty and the said H. P in consideration of the said Fine granteth and rendreth again by the same Fine the premisses to the Conusors for one day and afterwards to I. P. widdow for her life and after her death the premisses wholly to remain to H. P. and his heirs for ever COmmand I. C. and T. his wife that justly c. they hold to H. the Covenant c. of two Messuages one Barn c. And unlesse c. warranty And the Concord is such to wit that the aforesaid I. and T. have recognised the Tenements aforesaid with the appurtenances to be the right of him the said H. as those which the same H. hath by the gift of the aforesaid I. and T. And those they have remised and quite claimed from themselves and their heirs to the aforesaid H. and his heirs for ever And furthermore the aforesaid I. and T. have granted for themselves and the heirs of him the said I. that they will warrant the tenements aforesaid with the appurtenances to the aforesaid H. and his heirs against all men for ever And for this recognisance c. the aforesaid H. hath granted the tenements aforesaid with the appurtenances The Render to the aforesaid I. and T. And those to them he hath rendred in the same Court. To have and to hold to the same I. and T. for term of one day so that after the said Term ended the tenements aforesaid with the appurtenances shall wholly remain to I. P. widdow for term of the life of the same I. And after the death of the aforesaid I. the Messuages and Barn aforesaid c. shall wholly remain to H. P. and his Heirs for ever To hold of the chief Lords of that Fee c. and 5 acres of land and one acre of meadow with the appurtenances being residue of the tenements aforesaid shall wholly remain to A. B. and his heirs for ever To hold c. The taking of the knowledge of the Fine TAken and recognised before James D. Knight chief Justice of the Common bench in the year c. Notes to be observed in Fines 1. Note that there be some more things passe in the Praecipe which are not named in the Concord 2. Note that a Cause of re-entry may not be in a Fine 3. Note that if a man purchase divers parcels of Land of divers men he shall have all the parcels passe in one common fine but he must have severall warranties of every one of the parties for their several parcels 4. Note that Catlin Chief Justice of the Upper Bench said that South nosme de bois haut bois et Subbois passera en un fine 5. Note that by Dyer a render cannot be made but only to him that is named in the Fine but a remainder may be limited to one by a Fine though he be not named in the Praecipe A Fine knowledged by the Husband and wife unto two of 30 Messuages c. the Cognisees render the same again to the said Conusors for term of their two lives with divers remainders over after their deaths in general tail to the Children of the said Conusors and for default of issue of the said Conusors to the right heirs of the wife of the Conusor for ever THis is the final Concord made in the Court of c. such a return tali Anno before R. B. A. F. T. E. and W. S. Justices And afterwards in 8 dayes of the Holy Trinity in the year c. there granted and recorded before the same Justices and other of the faithfull of the Commonwealth of England then there present Between W. H. and I. R. Plaintiffs and I. C. and T. his wife Deforcients of 30 Messuages 200 acres of Land 300 acres of Pasture 10 acres of Wood 200 acres of ling and heath and 30 s. rent with the appurtenances in P. F. c. whereof plea of Covenant was summoned between them in the same Court to wit that the aforesaid I. C. and T. have recognized the aforesaid Tenements with the appurtenances to be the right of him the said I. R. as those which the same I. and W. have by the gift of the aforesaid I. C. and T. And those they have remised and quite claimed from them the said I. C. and T. and the heires of him the said T. to the aforesaid W. and I. R. for ever And furthermore the said I. C. and T. General warranty have granted for themselves and the heirs of him the said T. that they will warrant to the aforesaid W. and I. R. and the heirs of him said I R. the aforesaid Tenements with the appurtenances against all men for ever And for this recognisance remise quite claim warranty fine and Concord the same W. and I. R. have granted to the aforesaid I. C. and T. the aforesaid Tenements with the appurtenances And those to them they have rendered The render in the same Court. To have and to hold to the same I. C. T. of the chief Lords of that Fee by the Services which unto the aforesaid Tenements do belong all the life-time of the said I. C. and T. and the longer liver of either of them And after the decease of the said I. C. T. the aforesaid tenements with the appurtenances shall wholly remain to I. C. sonne of the aforesaid I. C. and T. and the heirs of his body lawfully begotten To hold of the chief Lords of that fee by the services which unto the aforesaid Tenements do belong for ever And if it happen that the said J. C. the Son shall die without heir of his body lawfully begotten then after the decease of him the said J. the aforesaid Tenements with the appurtenances shall wholly remain to R. C. one other Son of the aforesaid J. C. the Father and T. and to the heirs of his body lawfully begotten To hold of the chief Lords of the Fee by the services which unto the aforesaid Tenements do belong for ever And if it happen the said R. to die without heir of his body lawfully begotten then after the decease of him the said R. the aforesaid tenements with the appurtenances wholly to remain to the heirs of the bodies of the aforesaid J. C. the Father and T. lawfully begotten To hold of the chief Lords of that Fee by the services which unto the aforesaid Tenements do belong for ever And if no heir of the bodies of the aforesaid J. C. the Father and T. shall be lawfully begotten then the aforesaid Tenements with the appurtenances shall wholly remain to the right heirs of the aforesaid T. To hold of the chief Lords of that Fee by the services which unto the aforesaid
York ss BEtween A. B. Plantiff and C. D. Deforcient of 2 Messuages 2. Cottages 100 acres of Land 40 acres of Meadow 20 acres of Pasture one acre of Wood 8 acres of Ling and Heath and one penny Rent with the appurtenances in A. A Note of the Fine whereof Plea of Covenant was summoned between them c. that is to say that the aforesaid John hath recognised the Tenements and Rent aforesaid with the appurtenances to be the right of him the said A. and hath granted for himself and his Heirs that the aforesaid Tenements and Rent with the appurtenances which the aforesaid G. and I. hold for term of the life of him the said I. of the Heirs of the aforesaid C. the day wherein this Concord was made which after the decease of him the said I. unto the aforesaid C. and his heirs ought to revert after the decease of him the said I. shall wholly remain to the aforesaid A. and his Heirs to hold of the chief Lords of that Fee by the Services which unto the aforesaid Tenenement and Rent do belong for ever And for this recognisance grant fine and Concord the said A. hath given to the aforesaid B. 100 Marks sterling Upon which note before the ingrossing of the Fine if it be of a remainder reversion rent or Seigniory writs of Qâ—iâ— Juris clamat per quae servicia or quem reddiâ—um reddit must be sued as the case requireth Plo. fo 43. b. 22. H. 6. 13. Quid Juris clamat Quid Juris clam is a Judicial writ issueth â—ut of the Record of the Fine remaining in the keeping of the Custos brevium of the Common place Plo. 43. b. before it be ingrossed for after the ingrossing it cannot be had Plo. fo 431. b. 22 H. 6. 13. F. Nat. Br. 147 a. which lyeth for the grantee of a reversion or remainder when the particular Tenant will not atturn to enforce him to atturn 22. H. 6. 13. Plo. 431. b And it is made in this form Summons O. c. To the Sheriff greeting we command you that you cause to come before our Justices c. â—ali die G. and A. his Wife to know what right they claim in one Messuage c. with the â—pâ—urtenances in B. which Tenements with the appurtenaâ—ces M. who was the Wife of G. in our Court c. hath granted to A. of B. by a Fine thereof there between them made And have you c. And the final cause of this writ of quid Juris clamat is that the grantee or cognisee of the reversion or remainder may by that Atturnment of the particular Tenant be enabled if cause be given to bring an Action of wast or to avow for rent reserved or services behind which he cannot do without Atturnment Plo fo 431. b. 22. H. 6. 13. Tenant in Dower Tenant in Dower shall atturn though the writ suppose her to be Tenant for life because she claimeth no greater estate than Frank Tenement Hil. 3. E. Fitz. Quid Juris clamat 3. yet it seemeth she thereby looseth her warranty and advantage to be newly endowed if she be evicted 10. E. 3. Fitz. Quid juris clamat c. 41. If a gift be for life the remainder for life the writ must mention the remainder Hil. 3. E. 3. 15. Fitz. Fines 9. It is meet therefore to learn who are compellable hereby to atrurn and who not and by whom What Persons may obtain Atturnment by Quid Juris clamat and what not Grantee of a reversion THe grantee of a reversion voyd of impediment 34. H. 6. b. Fitz. Na. Br. fo 168 b. F. N. B. 147 a. Infant But an Infant cannot because if a Lease for life without impeachment of wast be pleaded in Barr he cannot confess it 43. E. 3. 5. Contr. 23. E. Fiz quid Juris c. 42. Nothing in the reversion Feme Covert If the Cognisor have nothing in the reversion the Tenant shall not atturn Lib. Int. fol. 436. A Fâ—me Covert without her Husband albeit the Fine was levyed when she was sole 11. H 4. 7. Divers If there be divers Pleas and one die hanging the Plea yet shall the Tenant atturn to the rest 48. E. 3. 32. Divers Or if divers sue the writ and one be non-suit yet attournment shall be unto the other without Summons and severing of the other 46. E. 3. 32. Abbot Abbot avera atturnment dum ten pur vie sans mre licence et nest forfeiture 17. E. 3. 7. Disseasor If Cognisee discease the Tenant of part he shall have no atturnment 19. E. 2. Fitz. Quid Juris c. 46. What Persons be compellable to atturn by Quid Juris clamat and what not T. for life THe writ of Quid Juris clamat lyeth against the particular Tenant of the Land for life 34. H. 6. b. Nat. Br. fo 168. b. Fitz. Nat. fo 147. a 49. h. though he be but a Tenant for life of Land holden in Capite or a Feme Covert Feme Covert 45. E. 3. 11. And a Tenant for years shall atturn 3 H. T. for years 4. 3. T. In tail But Tenant in tail is not compellable because of the estate of inheritance which is in him 38. E. 3. 20. Nor Tenant in tail after T. in tail after possibilities c. possibility of issue extinct for the inheritance that was once in him 43. E. 3. 1. 46. E. 3. 13. et 72. T. for life of Lands in Capite A particular Tenant for Lands holden in Capite is not compellable to atturn without sight of Licence of alienation lest his Lands should be subject to a Fine for the alienation without licence 45. E. 3. 6. Executors If A. and B. have an estate for ten years as executors and B. have five years in reveruÌ„on in his own right he must atturn because he is possessed of the whole term and the attornment of one executor of a Term is good enough 32. E. 3. Fitz. Quid Juris 5. p. Stanh T. pur vie ove A. pur ans But if A. Lease to B. and C. for six years and after confirm the Estate of B. for life the note of the fine shall make mention of B. onely per Seton 32. E. 3. Fitz. Quid Juris c. 5. T. in Dower T. by the Courtesie If Tenant in Dower or by Courtesie grant their estate yet the Quid Jur. clam lyeth against them for none but they can be Tenant in Dower or by the Couttesie 18. E. 3 5. T. for years upon Condition If a Leasee for years with livery be upon Condition that if the Leasee pay 10 pound such a day or the Leasor die within the term c. He shall have Fee if before the day the Lessor alien by Fine this Tenant shall atturn salvis advantagijs And yet if he pay the ten pounds at the day or
the lessor die during the Term the leasee shall have have fee. 6 R. 2. Fitz. Quid Juris clamat 20. Against T. in common If a Quid Juris clamat be against two as Tenants in the Common he which appeareth must atturn if he plead not that they are joynt-tenants 16. E. 3. Fitz. Quid Juris 21. After assignment If a particular Tenant grant over his estate after the note levied yet must he atturn 17. E. 3. Fitz. Quid Juris 11. Once atturn If the Tenant atturn once upon the grant of the Cognisors he shall atturn no more 4. E. 3. Fitz. Quid Jur. 45. Joynt-tenant T. in common If a joint-tenant or tenant in Common of a Reversion grant his part by Fine the particular Tenant shall not be compelled to atturn 5. E. 3. Fitz. Quid Jur. 40. T. for life upon condition Upon a Lease for life upon condition that if the Leasee die within twenty years that his Executors Administrators or Assigns shall hold unto the end of twenty years the Lessee shall atturn as Tenant for life with protestation to save his interest 16. E. 3. 20. E. 3. Fitz. Quid Jur. 22. 31. Joynt tenant of a reversion If the reversion of two joynt Tenants for life be granted by Fine supposing the one to be sole Tenant the Tenant is not compellable to atturn 32. E. 3. Fitz. Quid Jur. 5. per Seton Tenant by elegit But Tenant by Statute or elegit seemeth not compellable to atturn because the cognisor cannot compel him to account and he may hold the Lands after his sum satisfied until he have levied his damages 6. E 3. 53. Fitz. Fines 99. E. 3 F. Quid Juris 47. Baron sole Cognisor Nor a Tenant for life where the Husband sole is Cognisor of his Wives land for if he do atturn the Wife surviving her Husband may enter for forfeiture 27. E. 3. A Clerk And a Clerk which hath no lay fee is not compelled to atturn 38. E. 3. 18. Reversion Nor Tenant for life in reversion or remainder 34. H. 6. b. Frank marriage Infant Ideot Nor Tenant in Frank marriage lib. Intr. Quid Juris clamat 10. Nor an Infant 43. E. 3. 1. Nor a Lunatick mad man or Ideot as it seemeth because of their disabilities But atturnment made by such persons as are able but not compellable to atturn is good 12. E. 4 Nat. Br. fo 170. b. With exception And an atturnâ—ent may be with an excepon if the Tenant have a Lease for life without impeachment of wast as he may atturn saving his advantage and it shall be so entred 45. E. 3. 11. 24. E. 3 Covenants Annuity Warranty Acquitall If the Tenant have Covenants to repaire c. 48. E. 3. 32. or have an annuity out of the Land 48. E. 3. 32. or Covenant of warranty or acquitall 41. E. 3. 48. or to fell trees he may atturn saving these advantages Grant Remainder in fee. If A. seised of Lands in fee thereof enfeoff B. to the use of the said A. for life and after to the use of his Executors and Assigns for twenty years after his death And then to the use of C. in fee Quere whether A. shall be compelled to atturn in Quid Juris clamat supposing him Tenant for life only and not mentioning the Term without saving of his Term by protestation Dyer fo 309. pl. 77. 14. El. No view lieth in a Quid Juris clamat 15. E. 4. 28. What Places will barr the Plantiff of Atturnment Seisinin fee. IF the Tenant plead that he is seised in fee the day of the note levied without that that he was then seised for life without shewing how he is so seised 15. E. 4. 28. 1. H. 7. 27. The Cognisor had nothing Or if the Tenant for life plead that before the fine an estranger was seised in fee and released to him in fee without that that the recognisor had any thing in the Lands the day of the note levied 3. H. 4. 3. Non tenure If a particular Tenant plead he holdeth not of the Cognisot the day of the note levied he must shew what estate he claimeth and from whom 3. E. 3. 6. Fitz. Quid Juris clamat 6. 14. E. 3. Fitz. Quid Jur. 9. But if he claim fee he shall not shew how 14. E. 3. 3. Fitz. Fines 7. but traverse that he holdeth for life 1. H. 7. 27. Leasee for eight years upon condition that the Leasor alien within the term he shall have Seisin in fee. Seisin de tali Stat. Qual c. For parcel fee cannot alledge that and say that he claimeth estate according to the Tenor of his Deed but must plead his estate certainly 2. E. 2. Fitz. Quid Jur. 38. If the Tenant confesse for part and plead a plea which may forfeit his estate therein he must atturn by and by 11. H. 4. 57. Cont. 22. E. 3. 18. Fitz. fines 33. Release Release of the Cognisor before the Cognisance to the Heir or his Ancestors in fee is a good barr 44. E. 3. 34. Forfeiture for term of years If a Lessee for years claim for life and fail of it he forfeits his Term 6. R. 2. Fitz. Quid Jur. 20. Plesingtons case WHAT PROCESSE Lie in a Quid Juris clamat Process THe Process in a quid juris clamat is Summons and distress infinite Nat. Imprisonment br 169. a. But if the Tenant appear and plead no good Bar and yet will not atturn he shall be imprisoned 37. H. 6. 14. Disclaimer But if the Tenant disclaim and if it be found against him he shall atturn 4. E. 3. 27. But if the Tenant for life years in Dower by the Curtesie or extent by Plea Claim Fee or fee-Fee-tail and it be found otherwise he doth forfeit his Estate 15. E. 4. 28. Nat. Br. fo 168. b. And the Tenant may atturn by Dedimus Potestatem Att. by dedimus potestatem the form whereof ensueth Oliver c. to his beloved and faithfull I. M. Knight c. whereas our Writ of Covenant hangerh before you and your Associates our Justices of the Bench between R. and P. of 100. Acres c. which I. holdeth for his life of the aforesaid P. to levy thereof a Fine between the aforesaid R. and P. according to the Law and Custome of our Common-wealth of England whereby by our Writ we have commanded our Sheriff of Norfolk that he cause to come before our aforesaid Justices the aforesaid I. at the day in that Writ contained to acknowledge what right he claimeth to have in the Land aforesaid and the aforesaid I. being of himself so impotent that unto the Bench aforesaid at the day to him given without the greatest danger of his body he is not able to travail to acknowledge what right he claimeth to have in the Land aforesaid we tendring the State
after the death of the particular tenant the plaintiff needeth not to shew how Cozen and Heir so long as the Plea hath continuance by idem dies c. given to the tenant nor at his appearance nor untill the plaintiff pray execution And then the * How Cozen and Heir Coment Cozen and Heir is to be entred thus in the Roll only And the aforesaid I. saith that he is Cozen and Heir of I. W. that is to say son and Heir of T. W. of the Brother and Heir of the same I. W. 33 H. 6. 54. 41 Ed. 3. 13. and 24. 8 H. 4. 31. Bastarday In Scire facias by him in the remainder upon an estate tail against A. B. supposing the donee to be dead without issue if A. B. plead that he is issue to the donee and the plaintiff replyeth that he is a bastard it is a good replication 40 E 3. 16. Vpon estate executed Scire facias upon a Fine levyed to T. R. and W. and to the Heirs of the body of R. the remainder to the right Heirs of the said W. T. died and R. died without issue and W. survived and died his Heirs need no Scire facias to execute this Fine because it is executed in his life by the union of the Fee and Franktenement in W. 40 E. 3. 20. And so if a Fine be levyed to a Baron and Feme and to W. and his Heirs and he dieth and then the Baron and feme do dye the Fine is executed for one moiety in the life of W. Fitzh Scire facias 19. 43 E. 3. 9. 24 E. 3. 57. Ayd Tenant for life in Scire facias had aid of him in remainder 41 E. 3. fo 16. 20. 22 E. 3. 12. Death shewed In formedone in reverter or remainder the demandant must mention the death of every one which had estate and survived his Ancestor but not so in a Scire facias surfine 42 E. 3. 19. Severall estates If the plaintiff have severall estates created by one Fine he needeth but one Writ of Scire facias 43 E. 3. 11. though it be of severall things against severall tenants 11 H. 4. 15. 21 E. 3. 14. 24 E. 3. 25. Default If in a Scire fa. the Sheriff return the party summoned and he appear not execution shall be awarded 43 E. 3. 13. Reversion If a Fine sur cognisance de droit come ceo c. be levyed of a reversion by the name of the Land it is not executory 43 E. 3. 15. Seigniory If the services escheat after a Fine levyed of the Seigniory the Cognisee shall have execution of the Land escheated 48 H. 3. 11. Of things out of the Writ A Scire fa. lyeth sometimes of things not comprized in the Writ as if in a Fine sur release the Cognisee render rent in tail 48 E. 3. 8. Execution by entry of him in remainder If Land be given by Fine for life the remainder to Baron and Feme in tail and the Baron dieth and then the Tenant for life dieth and the Feme entreth the Fine is executed so as their issue needeth no Scire facias 49 E. 3 12. Of a reversion Scire fa. lyeth for the donor in tail against any that abated after the death of the donee in tail by Fine without issue 22 E. 3. 12. Upon generall non tenure pleaded the plaintiff Non tenure generall or special Nihil returned may take execution at his perill But speciall non tenure seemeth a good Plea 7 H. 6. 25 A man shall not have excution upon nihil returned because the tenant may be summoned in the Land demanded 24 E. 3. 25. Half blood If a Fine be levyed to husband and wife in tail the remainder to his right Heirs and they having issue the husband dyeth the wise hath issue by another husband and dieth the issue by the first husband entreth and dyeth without issue and his next heir entreth as into the remainder in Fee against whom the issue by the second husband bringeth a Scire fa. and recovereth by reason that the Fee could never execute in possession in the Elder Brother during the State-tail 24 E. 3. 30. and 62. Feoffment Feoffment with warranty from the plaintiffs Ancestor is a good Plea in a Scire fa. upon a Fine 22 H. 6. 39. The Heir shall have his age in Scire fa. Contr. Westm 2. ca. 45. 24 E. 3. 28. and 60. What Fines with Proclamations bar not the issue in Tail NO Fine levyed by tenant in tail barreth his issue maintenant but where the tenant in tail is Cognisor as if tenant in tail bring a Writ of Covenant against an estranger and he recognize the Land to be the right of the tenant in tail as that which he hath of his gift c. and the tenant in tail grant and render the Land to the Cognisor for years yeelding rent c. and die this Fine is void against the issue in tail M. 10. and 11 Eliz. Dyer fo 279. p. 7. 36 H. 8. Br. Fines 118. A Fine with Proclamation levyed by tenant in tail the reversion or remainder being in the King bindeth not the issue in tail as it seemeth Br. Fines 121. But if such Lands were entailed by the King such Fine barreth not the issue in tail 32 H. 8. Cap. 36. If an estranger levy a Fine to tenant in tail sur cognizance de droit come ceo que il ad de son done and he rendreth to him a rent in Fee and dye after Proclamation yet the issue in tail may avoid it for he is remitted and the rent is another thing then the Land 15 E. Plo. fo 435. per Thornton If tenant in tail of an Advowson grant and render by Fine the nomination of the Clerk it is void 15 Eliz. Plo. f. 435. b. per Thornton If tenant in tail of a rent disseife the Tenant of the Land and levy a Fine with Proclamation of the Land the issue in tail is not barred for the rent because rhe Fine was not levyed of the rent but of the Land per Thornton and granted 15 Eliz. Plo. f. 435. b. If tenant in tail grant a rent by Fine his issue may avoid it 15 Eliz. Plo. 436. 14. A. ss p. 4. What time after a Fine levyed and Proclamation made any man hath to enter or claim by action or otherwise and who are thereby barred forthwith and who not Hitherto of the forms and execution of Fines now let us see how they may be avoyded .. TO know what time persons that have cause toenter or claim may enter or clai master a Fine levyed many things are to be weighed for some persons have more time and some less for the discussing of which question we must not only consider the quality of the persons that should claim or enter but also the quality of their rights and estates And the persons be
life with Remainders in tail dividing the Lands 91 A Fine to entail Lands to the heirs of one deceased 92 A Grant by a Duke and his wife as in the right of his wife to the Cognisee for life of the Tenant for life with Warranty a Render to the Cognisor for the Wives life to convey her Title to her Husband 93 A Concord of a moyety of divers things in Possession and a Reversion in Fee 94 A Grant of Lands by Fine to two who render to the Cognisor in tail and for default of such issue to R. T. in general tail the remainder to another and his heirs for ever 97 A Grant of Lands in tail to be holden of the Grant or in soccage 98 A Grant of Lands in tail to be holden of the Grantor by suit of Court 6 s. rent 99 〈◊〉 â—â—ne of Knights Service Castle-Gard and Murage upon a Writ of Customes and Services 100 A fine of a Mannor in possession and other lands in Reversion 101 A fine of Lands part in possession and part in reversion with a Render again to the Cognisors and their heirs 102 A fine of the reversion of a Rent 104 Another of the same 105 A fine of Rent Service 106 A fine where the Husband and the Wife sell the Wives Joynture or Dower absolurely to him in the reversion 107 Tenant for term of life maketh a Lease reserving a Rent during her life 108 A fine of a Reversion 109 A fine in Fee farm of a Rent granted out of a Mannor only 110 A fine of several Rents granted out of a Mannor 111 A fine of a Rent with a Nomine poene for non-payment c. 112 A fine in Fee farm yeelding a Rent with a Distresse 114 A fine in Fee farm rendring a Rent sute of Court and Herriot after decease recease and alienation 115 A fine in Fee farm rendring a Rent with a Nomine poene for default of payment 117 A fine by the Husband and the Wife to the Husband and Wife with a Render 118 A Writ of Covenant that was for the King for the Tirh Corn of a Parish and the manner of the endorsement thereof used by his Atturney general 120 A fine with Warranty against all men 121 A fine by the Husband and Wife and the Cognisee by the same fine granteth and rendreth back again the premises to the said Conusors to the heirs of the Husband one of the said Conusors for ever 122 A fine of one Messuage c. and the same Conusors for them and the heirs of Io. Do. warrant 2 parts of the premises in 3 parts divided to the Conusee and his heirs against all men for ever 123 A fine with Warranty against all men and the Cognisees by the same fine render parcel of the Premises for one month with divers limitations c. 124 A fine of c. and the Cognisees do grant and render all Mines of Coles in a Close parcel of the premises c. 128 A fine of the third part of one Messuage c. with a general Warranty And the Cognisees do Grant and Render the same to one of the Cognisors for years in reversion c. 129 A fine with a Grant of a yearly rent 132 A fine of a Messuage c. Rent Parsonage the Advowson of a Viccaradge with Warranty c. 134 A fine with two several Warranties 135 A fine of a Mannor c. with general Warranty 136 A Fine within the County of Chester c. 137 A fine knowledged before the Justices of Chester 140 A fine by an Earl and his Wife 141 A fine by the Husband and Wife and a third person c. 142 A fine by two to one with general Warranty 145 A fine by the Husband and Wife and divers others c. 145 A fine of four Messuages c. with Warranty 146 A fine by two Husbands and their Wives 147 A fine by the Husband and his Wife to a Man and his Wife 148 A fine by an Earl and his Wife of a Rent c. 149 A fine by the Husband and Wife for term of years 150 A fine by the Husband Wife with Warranty in consideration the Cognisee granteth a Rent c 152 A fine of the third part of a tent with a general Warranty 154 A fine of the third part of 34 acres of Meadow by these words viz. concesserunt reddiderunt c. 155 A fine by one to the Queens Atturney c. 155 A fine by a Widdow to the President and Schollars of a Colledge c. 157 A fine by two and the VVife of one of them c. 158 A fine with general VVarranty 159 A fine of a reversion 160 A fine by Husband and VVife to one with a general VVarranty 161 Of the Order of taking the knowledge of a fine by Dedimu potestatem and the certifying thereof 162 A fine of one Messuage of a Remainder 163 A fine by Husband and VVife of two Messuages c. with general VVarranty 164 A fine knowledged before the Justices of the Common pleas at Westminster with general VVarranty 165 A fine with VVarranty against the Conusor and his heirs 166 A fine as it is ingrossed of Record 167 Of the nine Proclamations 168 A fine with general VVarranty for years rendring a red Rose c. 168 A fine for liâ—es and aftâ—r in Fee 170 A fine of a Rent issuing out c. with general VVarranty 171 A fine with general VVarranty of an annuity with Nomine poeâ—e 172 A fine in tail general to hold by the 40th part of a Knights â—ee and by rent with general VVarranty 174 A fine with VVarranty during life 175 A fine for life and after in fee. 176 Of the taking of the knowledge of a Fine 177 A fine with divers remainders 178 Of Adjuncts of Concords 180 A Licence to alien in Mortmain 183 Quod permittat finem levari 184 The Writ of quod damnum 185 Of a pardon for alienation 186 Of the Dedimus potestatem to take the cognisance of a fine 189 190 The Dedimus Potestatom thereof 191. The Precipe and Concord 193. A Dedimus Potestatem upon a writ of Customes and services 195. Of the Kings Silver 196. Of observation at the knowledge of fines 197. How and when Cognisances of Fines may be certified and what may hinder the â—ame 199 Of the Inrolment of Writs of Covenant Dâ—d Potest and knowledges thereupon called the foot of the fine 202 Of the note of the fine 203 Quid juris clamat 204 VVhat persons may obtain atturnment by Quid Juris clamat and what nor 205 VVhat persons be compellable to arturn by Quid juris clamat and what not 206 What places will barr the Plaint of Atturnment 210 A Table to the latter Part. VVHat processe lye in a Quid juris clamat 1. The writ of summons in Quid juris clamat 3. The Distress in Quid juris clamat 4. Tenant may atturn for
the Son is privy also in blood but not in estate for although the possession of the same land came to him by discent as heir to his father yet he was therein remitted forthwith to his former estate 3 And a third kind of privitie in blood tantum is where a man in some respect is privy in blood and estate and in another respect privy in blood tantum As for example if there be two brothers and the eldest purchaseth lands in Fee is thereof disseised by his younger brother afterward disseised by a stranger and that stranger dyeth thereof seised the younger brother being within age and afterwards the elder brother dyeth without issue the younger Son hath two manner of rights to the land the one is a right of entry against such heir as is in by discent during his minority but that right is only in respect of his former possession which he obtained by disseisen and not as heir to his brother and in this respect he is privy in blood to his eldest brother but not privy in estate The other right that is now in the younger brother is only a right in action and not a right of entry and this is in him as heir to his brother whose entry was taken away by the said discent in respect of his right he is privy in blood and estate to his brother Privity in estate tantum is where a man claimeth an estate in land as assignee to another as if A infeoffe B. in this case B. and his heirs are privy in estate to A. Privity in blood and in estates are of two sorts whereof the one may properly be called a privity of blood and estate the other is so called improperly and in a borrowed sence That which is properly called a privity in blood and estate is when both privities do acrew by discent by or from one Ancestor The other is when one of them acreweth by one manner of title and the other by title of another kind as for example if there be a father and a son and the father purchaseth lands and dyeth thereof seised and the same doth descend to his Son he is to his father in a proper sence privy in blood and estate because both those privities doe to him acrew by one discent from one Ancestor It is to be noted that such privies as the Statute meaneth are after the ingrossing of the Fine Proclam made according to the form of the Statute absolutely barred without hope of recovery or restraint by any claim but such as are strangers are barred only conditionally if they or their heirs do not claim according to the form of the Statute within the times therein prescribed It is a rule in Law that no error in the fault of the Judge can be assigned to reverse a Judgement unless it may be tryed by view of the Record or by inspection of the person for if it should many grave Judgements would be overthrown by corrupt tryals of false surmises to the subversion of Justice and maintenance of Vice But if the Judge give Judgement for the one party upon the matter appearing of record whereas he ought to give judgement for the other party this is reversible by error because such a fault of the Judge through ignorance of the Law is apparent by the view of the Record What persons may be Cognisors in Fines and what not AN Infant ought not to be Cognisor especially if it be a Feme covert for that she cannot reverse it during the coverture which continuing till she come to full age barreth her for ever 50 E. 3. fo 5. 21. Ass 53. * 7 H. 4. s 23. 43 E. 3. f. 20. Also no feme covert ought to levy any Fine without her husband is avoidable by the entry of him yet since a Fine levyed at this day and proclamation according to the form of the said estate of 4 H. 7. 31 Eliz. cannot be avoided by the entry of the Husband of the Cognisor as to the estate of inheritance but only to the frank tenement during the Coverture and so long afterwards as he shall be tenant by the curtesie if he had issue by his said Wife before the Fine levyed And in that case albeit the Husband do enter in 5 years or before Proclamations had and made the feme and her heirs are barred as privies to the Fine the words of the said Statute of 4 H. 7. be the Fine to be a final end and conclude as well privies as strangers and yet all strangers shall not be barred by such Fine The King is no such stranger as is comprised in the the said Act for if the Law-makers had meant to conclude the King thereby of his right then it is not to be doubted his greatness being such as it could not be forgotten but they would have made some provision for his claim which thing they have not done because they never intended to conclude him but others being bodies corporate of things that goe by way of succession are comprised in this word strangers in the body of the Act. And yet they are not contained in the letter of exception or of any of the savings which do save râ—ghts to men and their heirs speaking nothing of Corporations or successions or of any thing in succession He which intrudeth upon the Kings possession ought not to be Cognisor for his Fine is void for by his entrie upon the King after office and before livery sued he gaineth no freehold 1 H. 7. fo 9. 24 E. 3. f. 65 but if the Fine be levyed without intrusion it bindeth the Cognisor and his heirs if the Husband levies a Fine of his wives land without her it is void 32 H. 8. c. 28. If a woman be Cognisor she ought to be examined whether she do of her own free will or by compulsion of her Husband but being Cognisee she is not to be examined because it is for her benefit 3 H. 6. f. 42. E. 3. f. 7. A Woman may not levy a Fine of such lands c. as she hath in Dower Joynture or for her life or in tail of the gift of her husband or of any of his Ancestors or of any person seised to his use upon pain to loose her estate 11 H. 7. c. 20. Neither an Ideot natural nor any other person of non sane memorie ought to be Cognisors for their Fines as it seemeth may not be reversed 17 E. 3. f. 52. 78. 17 Ass 17. A Tenant for life may not without danger to forfeit his estate be Cognisor in a Fine upon grant and render but upon a grant and release he may 44. E. 3. f. 36. And he may also be Cognisee in a Fine of release without forfeiture of his estate 1 H. 7. f. 9. Rent cannot be reserved upon a Fine sur cognisance de droit come ceo que il cognisee ad del done de cognisor nor sur fine sur release otherwise than by render
theresidue of the Tenements aforesaid with the appurtenances in N. aforesaid which W. P. and D. his Wife hold for term of the life of her the said D. of the Inheritance c. ut antea And furthermore the aforesaid R. and A. and the Heirs of him the said R. will warrant the Tenements aforesaid with the appurtenances to the aforesaid G. and his heirs as â—t is said against the aforesaid R. and A. and the Heirs of him the said R. for ever And for this c. A grant to the Cognisee and his Wife and the Heirs of their two bodies with Warranty York ss COmmand H. F. Gent. that justly c. he hold to H. M. and I. his Wife covenant c. of the Tenements in S. And unless c. And the Concord is such to wit that the aforesaid H. F. hath granted the Tenements and rent aforesaid with the appurterances to the aforesaid H. W. and I. And those to them he hath rendred in the said Court. To have and to hold to the said H. W. and I. and the Heirs of the bodies of them the said H. W. and I. between them lawfully begotten To hold c. and the aforesaid H. F. and their Heirs will warrant to the aforesaid H. W. and I. and the heirs of the body of them the said H. W. and I. between them lawfully begotten the Tenements aforesaid as it is said against all men for ever And for this c. A Grant with a Render back again for life with Remainders in taile dividing the Lands Hereff. ss COmmand N. B. and A. his wife that they hold to T. R. and R. G. Covenant c. of one Messuage c. with the appurtenances in E. c. And the Concord is such to wit that the aforesaid c. with Release and warranty c. and for this c. the said T. R. have gâ—anted to the aforesaid N. and A. the Tenements aforesaid with the appurtenances And those to them they have rendred in the said Court. To hold to the said N and A. for the lives of them the said N. and A. and the life of the longer liver of either of them without impeachment of waste all the life time of the said A. To hold c. And after the decease of them the said N. and A. one Messuage c. with the appurtenances in F. aforesaid being parcel of the Tenements aforesaid shall remain to T. B. one of the Sons of the aforesaid N. and A. and the Heirs male of the body of the aforesaid T. lawfully begotten and then after the decease of the said T. the aforesaid Tenements being parcell of the aforesaid Tenements wholly shall remain to I. B. one other of the Sonnes of the aforesaid N. and A. the Heirs Males of the body of him the said I. lawfully begotten To hold c. And if it happen c. after the decease of the said I the aforesaid Tenements parcel of the said Tenements shall wholly remain to B. F. one other Sonne of the aforesaid A. and the Heirs males of the body of the aforesaid B. lawfully begotten To be held c. And if it happen c. that then the Tenements aforesaid shall remain to divers others and the right Heirs of the aforesaid D. for ever To hold c. And furthermore the aforesaid T. and R. have granted that after the decease of the aforesaid N. B. and A. his wife 44 acres of Land 2 acres of Meadow c. with the appurtenances in B. aforesaid being residue of the aforesaid Tenements shall wholly remain to the aforesaid B. F. and the Heirs of his body lawfully begotten To hold c. And if it happen that the said B. shall die without Heir of his body lawfully begotten that then after the decease of the said B. the Residue of the aforesaid Tenements shall wholly remain to the aforesaid T. F. and his Heirs and assigns for ever A Fine to entaile Lands to the Heirs of oâ—â— deecased Leicester ss COmmand I. C. Esq that he hold to M. C. Widdow Covenant of three Messuages c. And the Concord is such that the aforesaid I. hath granted to the said M. the aforesaid Tenements with the appurtenances And that to her hath rendred in the said Court. To have and to hold to the said M. and the Heirs of the body of her the said M. of the body of I. C. lately her Husband deceased lawfully begotten of the chief c. And if it happen that the said M. shall dye without Heir on her body of the body of the said I. C. lawfully begotten then after the decease of her the said M. the aforesaid Tenements with the appurtenances shall wholly remain to the right Heirs of the said I. C. deceased To hold c. And the aforesaid I. C Esq and his Heirs will warrant to the aforesaid M. and the Heirs of her body of the body of the aforesaid I. C. deceased and also to the right Heirs of him the said I. C. if the said M. shall dye without Heir of her body of the body of the said I. C. deceased lawfully begotten the aforesaid Tenements with the appurtenances as is said against the aforesaid I. C. Esq and his Heirs for ever And for this c. A Grant by a Duke and his wife as in the right of his wife to the Conusee for life of the Tennant for life with warranty a Render to the Cognisor for the Wives life to convey her title to her Husband COmmand T. Duke N. and M. his wife that they hold to T. T. Esq Covenant c. of the Tenements in W. and unlesse c And the Concord is such to wit that the aforesaid Duke and M. have granted to the aforesaid T. T. the Tenements aforesaid with the appurtenances and whatsoever the said Duke and M. have in the Tenements aforesaid with the appurtenances for term of â—ive of her the said M. And those to them they have rendâ—ed in the said Court. To have and to hold to the said T. T. and his Heirs of the chief Lords of that Fee by the services which unto the said Tenements with the appurtenances do belong all the life time of her the said M. And furthermore the said T. and M. have granted for themselves that they will warrant to the aforesaid T. T. and his Heirs the Tenements aforesaid with the appurtenances against all men all the life time of the said M. And for this c. the said T. T. hath granted the Tenements aforesaid with the appurtenances to the aforesaid Duke and those to him he hath rendred in the said Court. To have and to hold the said Tenements with the appurtenances to the said Duke and his Heirs all the life time of the said M. to hold ut supra A Concord oâ— a moyety of divers things in pâ—â—â—ession and of a reversion in Fee THis 〈…〉 finall Concord made c. beâ—â—â—en â— â— and
Moor and Marish with the appurtenances in J. alias I. W. and N. And unlesse c. And the Concord is such to wit that the aforesaid R. H. hath recognised the Mannors and Tenements aforesaid with the appurtenances to be the right of the aforesaid R. B. as those which the said R. c. have by the gift of the said R. H. And those he hath remised and quit claimed from him the said R. and his heirs to the aforesaid R. c. and the heirs of him the said R. B. for ever And furthermore the same R. H. hath granted for himself and his Heirs that he will warrant the warranty Mannors and Tenements aforesaid with the appurtenances to the aforesaid R. c. and the heirs of him the said R. for ever And for this c. This is the Fine as it is ingrossed of Record whercof the Fine next before is but the Note THis is the final Concord made in the Court of the Lord Protector at c. tali die c. in the year c. before I. T. Esq Justice of the said Lord Protector of Chester at Chester and other faithfull c. then there present Between R. B. R. H. and H. H. Plaintiffs and R. H. of P. Esq Deforcient of the Mannor of I. with the appurtenances and of c. whereof plea of Covenant was summoned between them in the same Court to wit that R. H. hath recognised the Mannors and Tenements aforesaid with the appurtenances to be the right of the aforesaid R. B. as those which the same R. R. and H. have by the gift of him the said R. H. And those he hath remised and quite claimed from him the said R. and his Heirs to the aforesaid R. c. and the Heirs of the said R. B. And turthermore the same R. H. hath granted for himself and his Heirs that he will warrant the Mannor and Tenements aforesaid with the appurtenances to the aforesaid R. B. and H. and the Heirs of him the said R. B. for ever And for this Recognisance Warranty Fine and Concord the same R. c. have given to the aforesaid R. H. 100 pounds of silver The nine Proclamations of the Fine next before made according to the Statue of 2 Ed. 6. made for Fines with Proclamations within the County Palatine of Chester ☞ THe first Proclamation was made on Wednesday in that same Sessions The second Proclamation was made Thursday in the very same Session The third Proclamation was made in full Sessions here at c. holden the day c. in the year c. Et sic de caeteris c. Note Three Proclamations in every Sessions A Fine knowledged by A. B. to T. F. and G. H. of a Mannor with warranty against all men and the Conusees in the same Fine grant and render again the said Mannor to the said A. B. for one week and afterwards to N. M. for 21 years to begin after the Feast of St. Martin the Bishop in winter reserving a red Rose at Midsummer if it be asked And after the end of the said Term of 21 years the said Mannor c wholly to remain to the said A. B. the Conusors and his heirs for ever COmmand A. B. that justly c. he hold to T. F. and G. H. the Covenant of the Mannor c. The warranty And the Concord is such to wit that the aforesaid A. hath recognised the Tenement aforesaid with the appurtenances to be the right of him the said T. as those which the same T. and G. have by the gift of the aforesaid A. And those he hath remised and quite claimed from himself and his heirs to the aforesaid G. and his heirs for ever And furthermore the same A. hath granted for himself and his heirs that he will warrant the Tenements aforesaid with th' appurtenances to the aforesaid T. G. the heirs of him the said T. against all men for ever And for this c. the said T. and G. have granted and in the same Court rendred the Tenements aforesaid with the appurtenances to the aforesaid A. The render for one week And after that Term ended the Tenements aforesaid with the appurtenances shall wholly remain to N. M. and his assigns for the term of 21 years after the Feast of S. Mart. the Bp. in winter next to come immediatly following and fully to be compleat Yielding therefore yearly to the aforesaid T. G. and the heirs of him the said T. during all Term aforesaid one red Rose at the Feast Rent of the Nativity of S. John the Baptist if it be asked And after that Term ended the Tenements Remainder in fee to the Conusor aforesaid with the appurtenances shall wholly remain to the aforesaid A. and his heirs for ever c. A Fine knowledged by R. B. of two Messuages c. to I. A. with warranty against all men and the Conusee granteth the premises again to the Conusor for one week and afterwards to one W. B. for life reserving a rent and afterwards to the Conusor for his life and after to S. B. his wife for her life and after to J. B. son of the Conusor and his wife for life and afterwards the said Conusee granteth the reversion of the premises and the rent to the said R. B. the Conusor and his heirs for ever COmmand R. B. Gent that justly c. he hold to I. A. the Covenant c. of two Messuages c. And unlesse c. warranty And the Concord is such to wit that the aforesaid R. hath recognised the Tenements aforesaid with the appurtenances to be the right of him the said I. A. as those which the same I. hath by the gift of the aforesaid R. B. and those he hath remised and quite claimed from himself and his Heirs to the aforesaid I. and his Heirs for ever And furthermore the same R. B. hath granted for himself and his Heirs that he will warrant the Tenements aforesaid with the appurtenances to the aforesaid I. A. and his heirs against all men for ever And for this recognisance c. the same I. hath granted to the aforesaid R. B. c. and those to him he hath rendred in the The render same Court. To have and to hold the Tenements aforesaid with the appurtenances to the aforesaid A. R. B. for term of one week and after that term ended the remainder to W. B. for term of the life of him the said W. B. Yielding therefore by the year to the aforesaid Rent I. A. and his Heirs 40 l. at 4 Terms of the year viz. at c. by equal portions to be paid And after the decease of him the said R. B. the remainder thereof to S. B. wife of the aforesaid R. for term of the life of her the said S. Yielding ut supra And after the decease of her the said S. B. the remainder thereof to I.
B. son of the aforesaid R. for term of his life Yielding therefore ut supra And also the aforesaid I. A. hath granted to the aforesaid R. B. the reversion and rent of the Tenements aforesaid with the appurtenances and those to him he hath rendred in the same Court. To have and to hold the reversion The grant of the reversion the rent and rent of the Tenements aforesaid with the appurtenances to the same R. S. and his heirs for ever To hold of the chief Lords of the Fee c. A Fine of Rent issuing out of 6 Messuages and 6 Gardens with warranty against all men COmmand W. A. and A. his wife that justly c. they hold to R. B. the Covenant of one annual rent of 5 l. issuing out of and in 6 Messuages and 6 Gardens with the appurtenances in L. And unlesse c. And the Concord is such to wit that the aforesaid R. hath recognised the Mannors aforesaid with the appurtenances to be the right of him the said H. as those which the same H. hath by the gift of the aforesaid R. and those he hath remised and quite claimed from himself and his heirs for ever And the aforesaid R. hath granted for himself and the heirs of him the said W. that they will warrant the rent aforesaid with the appurtenances to the aforesaid R. B. and his heirs for ever against all men And for this c. A Fine knowledged by K. L of a Mannor c. to H. G. with warranty against all men In consideration whereof the Conusee by the same fine granteth to the Conusor his heirs one annuity of 8l issuing out of the same Mannor to be paid yearly at the Mansion house of the said Conusor at a certain day and hour imposing a pain of 18. s. to be forfeited in default of payment of the said Annuity with a clause of distresse for the said Annuity and rent COmmand R. L. that justly c. he hold to H. C. the Covenant c. of the Mannor in O. c. And unlesse c. And the Concord is such to wit that the aforesaid R. hath recognised the Mannor and Tenement aforesaid with the appurtenances to be the right of him the said H. as those which the same H. hath by the gift of the aforesaid R. and those he hath remised and quite claimed from himself and his heirs for ever And furthermore the same R. hath granted for himself and his heirs that he will warrant the Mannor aforesaid with warranty the appurtenances to the aforesaid H. and his Heires against all men for ever And for this c. the aforesaid H. hath granted to the aforesaid R. one annuity or yearly The grant of an Annuity rent of 8 l. of lawfull money of England issuing and to issue out of and in the Mannor aforesaid with the appurtenances and that to him he hath rendred in the same Court The day hour place of payment of the said Annuity To have and perceive the aforesaid annuity or yearly rent of 8 l. to the aforesaid R. his heirs and assigns on the 8th day of September between the ninth twelfth hour before noon-tide of the same day at his Mansion house in the Town of R. in the County of S. to be paid And if it happen the aforesaid annuity or yearly rent of 8 l. to be in arrear and unpaid Clause of distress for the annuity penalty in part or in all by the space of twenty dayes after the aforesaid eighth day of September in which as aforesaid it ought to be paid That then the aforesaid H. and his heirs shall forfeit to the same R. and his heirs 18 s. of lawfull money of England nomine poene so often as the aforesaid annuity or yearly rent or any part thereof shall happen to be in arrear And it shall be lawfull for the aforesaid R. and his heirs into the aforesaid Mannor with the appurtenances and into every parcel thereof to enter and to distrain as well for the aforesaid annual rent of 8 l. and for every parcel thereof as for the aforesaid 18 s. nomine poene to the said R. and his heirs forfeited so often as it shall so happen to be in arrear and unpaid and the distresses so there taken and had it may be lawfull to lead bear and drive away and in his custody to retain until aswell of the aforesaid annuity or yearly rent of 8 l. as of the aforesaid 18 s. nomine poene as often as it shall be forfeited the said R. and his heirs shall be satisfied and paid A Fine knowledged by A. B. Esquire of 2 Messuages c. to S. H. in tail general to hold of the Conusor and his heirs by the XL. part of a Knights Fee and 15 s. 4 d. rent with warranty against all men COmmand A. B. Esquire that justly c. he hold to S. H. the Covenant of two Messuages c. with the appurtenances in M. And unlesse c. An estate in general tail And the Concord is such to wit that the aforesaid A. B. hath granted the Tenements aforesaid with the apurtenances to the aforesaid S. and the heirs of the body of him the said S. lawfully begotten To hold of the L. A. and his heirs by the fortieth part of a Knights fee and by the rent of 15 s 4 d. by the year The tenure rent at the Feast c. yearly to be paid And furthermore the aforesaid A. hath granted for himself and his heirs that he will warrant the Tenements aforesaid with the appurtenances Warranty of the estate tail to the aforesaid S. and the heirs of his body lawfully begotten as aforesaid against all men for ever And for this c. A Fine knowledged by A. B. and M. his Wife of a Mannor c. to S. P. reciting that where the said Conusors hold the said Mannor for the life of the said M. the reversion thereof to the said Conusee and his heirs belonging The said Conusors grant to the Conusee all that their estate in the said Mannor during the life of M one of the Conusors with warranâ—y against them during the life of the said M. COmmand A. B. and M. his wife that justly c. they hold to S P. the Covenant c. of a Mannor c. And unlesse c. And the Concord is such to wit That whereas the aforesaid A. M. have and hold for term of the life of her the said M. the Mannor aforesaid c. with the appurtenances the reversion thereof to the aforesaid S. P. and his heirs belonging the same A. M. have granted to the aforesaid S. the Mannor aforesaid with the appurtenances and all and whatsoever in the Mannor aforesaid c. they have to the same S. during the life of her the said M. And the aforesaid A. and M. will warrant to the aforesaid S. the Mannor
the decease of him the said I. the aforesaid Manor with the appurtenances should wholly remain to E. Brother of the same I. and the heirs of his body begotten to hold of the aforesaid S. and his heirs by the aforesaid services as aforesaid for ever And if it should happen that the aforesaid E. E. should dye without heir of his body begotten then after the decease of him the said E. the aforesaid Manor with the appurtenances should wholly revert unto the aforesaid S. and his heires quite from other the heirs of them the said C. and I. W. and I. and E. to hold of the chief Lords of that Fee by the services which unto that Manor should belong for ever And now by the information of I. L. and M. his wife being one and T. V. and T. his wife being another also of H. B. being the third of the Cozens and heirs of the aforesaid G. and I. of their bodies begotten we have received that the aforesaid G. and I. are dead And that T. L. and R. I. into the aforesaid Manor with the appurtenances now are entred and it they hold against the form of the Fine aforesaid And for that we will those things which are done in our Court be duly demanded for execution we command you that by honest and lawfull men of your Bayliwick you cause the aforesaid T. L. and R. to know that they be before our Justices at Westminster in 8. dayes c. to shew if they have or know any thing to say for themselves wherefore the aforesaid Manor with the appurtenances which they hold in form aforesaid after the death of the aforesaid G. I. to the aforesaid M. T. and H. Cozens and heirs of them the said G. and I. of their bodies begotten ought not to remain according to the form of the Fine aforesaid if it shall seem expedient to them and have you there the names of them by whom you shall cause them to know and this Writ witness c. OLiver To the Sheriff greeting Whereas A Scire fa. for the Heir of him in remainder a certain Fine was levyed in the Court of the Soveraign Lord James late King c. tali die Anno before A. and his Associates then Justces of the same Soveraign Lord James of the Bench between W. plaintiff R. Deforcient of the Manor of T. with the appurtenances whereof plea of Covenant was summoned between them in the same C. to wit that the aforesaid R. hath recognized the aforesaid Manor with the appurtenances to be the right of him the said W. as that which the same W. had by the gift of the aforesaid R. and for that recognizance Fine and Concord the same W. had granted to the aforesaid R. the aforesaid Manor with the appurtenances to have to hold to the same R. of the aforesaid W. and his Heirs Males of his body begotten all the life of him the said R. yeelding therefore by the year c. And after the decease of him the said R. the a-aforesaid Manor with the appurtenances shall wholly remain unto the aforesaid W. and his Heirs quite from the Heirs of the aforesaid R. to Render for life with revertur to him in tail remainder over in tail hold of the chief Lords of the Fee by the services which unto that Manor should belong for ever and if it should happen that the aforesaid R. should dye without Heir Male of his body begotten the aforesaid Manor with the appurtenances should wholly remain to T. Brother of him the said W. and to the Heires Males of his body begotten to hold of the chief Lords of that Fee by the services aforesaid for ever and now by the insinuation of A. son and Heir of the aforesaid T. we have received that the aforesaid R. is now dead and that the aforesaid W. dyed without Heir Male of his body begotten and that I. into one Messuage c. with the appurtenances which were parcell of the Manor aforesaid now is entred and those holdeth against the form of the Fine aforesaid And for that we will those things c. if he hath or knoweth any thing to say for himself wherefore the aforesaid tenement with the appurtenances to the aforesaid A. son and heir of the aforesaid T. ought not to remain according to the form of the Fine aforesaid if it shall seem expedient to him c. And have you c. Scire facias against severall tenants Return of sc fecit And now here at this day came as well the aforesaid I. S. by S. his Artorney as the aforesaid W. and A. by F. his Atturney and the Sheriff returned that he caused the same W. and A. to know of being here at this day to shew severally in form aforesaid by R. and F. honest c. And hereupon the aforesaid I. saith that he is Cozen and Heir of the aforesaid I. and Cozenage alleged E. that is to say c. and prayeth against the aforesaid W. and A. severally execution in form aforesaid c. And now the aforesaid W. and A. as to the A bar that the parties to the Fine had nothing in the land at the time of the fine but I. whose estate the tenant hath aforesaid tenements whereof execution against them is prosecuted and the aforesaid R. and I. as to the aforesaid tenements whereof execution against them is severally prayed severally do say that neither the aforesaid I. nor the aforesaid W. and B. whom by the Fine aforesaid he supposeth to be parties of that Fine have nothing in the tenements aforesaid with the appurtenances whereof execution against W. and A. is severally prayed at the time of the levying of the same Fine but that one I. and C. was thereof seised at the time of the levying of that Fine of which estate of the said I. C. in those tenements whereof execution against them is prayed which the aforesaid R. and I. severally have in the tenements aforesaid wherof execution against them is severally prayed they severally pray Judgement whether the aforesaid I. execution thereof against them ☞ ought to have c. And the aforesaid I. saith that at the time of the levying of that Fine the aforesaid I. and I. who were parties of that Fine were seised of the tenements aforesaid Issue that I◠was seised at the time of the Fine levyed with the appurtenances whereof execution against the aforesaid W. and A. severally in form and manner aforesaid is prosecuted as by that Fine it is supposed And this he prayeth c. therefore 12 c. A Scire Facias upon a Fine WHereas a certain Fine was levyed in the Court of the Soveraign Lord E. heretofore King of England our Grand-father from the day of the Holy Trinity in 15. dayes in the year c. before I. of B. and his Associates then Justices itinerate of him our said Grand-Father at York between Alan plaintiff
son which is Heir to his Brother he shall have new five years after he come to his full age because he is the first to whom the right descended after the Proclamation by reason of the discent which was before them Plo. f. 374. b. But if an Estranger to a fine to whom a remainder or other title first accrueth after the fine do not pursue hls right within five years he and his issue are barred for ever 16 H. 8. Dyer f. 3. pl. 6. And in like manner if the first issue in tail to whom the title of the intail first accrueth neglect his five years the whole estate tail is thereby bound for ever 32 H. 8. Br. fines 100. If he which abateth after the death of a tenant in Fee make a Feoffment upon condition and the Feoffee levy a fine and five years after Proclamation pass without entry or claim made by his Heir the Heir is barred But if afterwards the condition be broken and the abator therefore enter then the Heir may have an Assise of Mort dauncester against the abator or entry upon him at any time and he hath no defence For if he plead in bar of the assise the Fine levyed to the Cognisee and that he hath his estate the speciall matter of the abatement condition and reentry may be pleaded in defence thereof for he can never challenge priviledge by the estate of the Cognisor which he himself defeated Plo. fol. 358. b. 7 Eliz. Of Estrangers having no right for any cause before the Fine BUt Estrangers to Fines having neither present nor future right c. at the levying thereof by reason of any matter had before the fine whose right groweth either intirely after the Proclamation or partly before or partly afrer may enter or claim when they please within the time of the prescription As if the Father die seised his eldest son being professed and the younger son entreth and is disseised and a Fine with Proclamation levyed and after the elder son is deraigned it seemeth he is bound to no time Plo. f. 337. a. Dower So if the husband levy a fine of his own Lands whereof his wife is dowable and die and five years pass after his death she is not barred of her dower because her title to be endowed accrued after the fine levyed namely by the death of her husband for before his death she had only possibility of dower and not any right title or interest thereunto Plo. fo 373. And if a Tenant cease one year and then a Fine with Proclamation is levyed And afterwards a Tenant ceaseth another year the Lord may have his cessavit per biennium 20. years after the Proclamation made because his right and title groweth partly before the Fine and partly after the fine levyed that is at the end of the two years of his Tenants ceasser Plo. fo 373. b. Of Estrangers having divers future rights by divers Titles BUt if Estrangers to Fines have severall future rights by divers titles growing at severall times it seemes that they shall have several five years to make entry or claim commencing from such time as their severall titles first accrue unto them As if tenant for life the remainder in Fee make a Feoffment in Fee And the Feoffee levy a fine with c. and he in the remainder suffer the first five years to pass he is by his laches barred of his entry for the forfeiture growing by the alienation of his tenant during his tenant for life because he had present right at the levying of the fine to enter for the same yet if after the tenant for life do dye he hath other five years to bring his Formedon in remainder because that is a new title or right by which he could not have his Formedon during his tenant for life And he had his election to take advantage of the forfeiture or not Plo. f. 573 b. Quaere for there â—atlyn thinketh otherwise because his right to the Land by the forfeiture accrued to him in the life time of his tenant for life If I. S. be tenant pur auter vie the remainder to another for life the remainder to the same I. in Fee and I. S. is disseised and the disseisor levyeth a Fine with Proclamation and the five years pass I. S. is bound for his future and present estate for life But if cesuy qui vie and he in the mean remainder die now I. S. shall have other five years to enter for his remainder in Fee for it then first remaineth unto him by the death of him in the mean remainder and cesuy qui vie for cause grown wholly before the fine that is the State so made before which is another title Plowden 367. h. per Welsh and divers Justices Plo. 367. b. In like manner if Land be given to I. S. for the life of A. the remainder to him for the life of B. the remainder to him for the life of C. and he is disseised and the disseisor levyeth a fine with Proclamation now I. S. for his present right hath five years by the first Saving of the St. 4 H 7. ca. 24. And five years after the death of A. by the second Saving which is of future right and other five years after the death of B. for his second remainder for quando duo Jura in una persona concurrunt aequum est acsi essent in diversis Plo. 368. a. If any man disseise a feme sole and after marry her and have issue by her and the Baron is disseised before marriage or after and a fine with Proclamation levyed first the Baron and after the feme die within five years the issue being of full age the five years past he is thereby bound as Heir to his Father but hath other five years after the death of his Mother to enter for albeit it is but one self same Land yet the Heir hath severall rights thereunto growing at severall times the one as Heir to his Father the other as Heir to his Mother in regard whereof he hath severall times Plow 367. b. So if the husband maketh a Feoffment of his wives Lands upon condition which is broken he levyeth a fine which c. the husband hath issue by his wife and dieth the first five years pass and then the wife dieh the Heir is barred of his entry for the condition as Heir to his Father but shall have five years after the death of his Father to claim c. because it is a title differing from that which did descend from his Father accruing to him first by the death of his Mother Plow 167. a. Estrangers to Fines having neither present nor future right to the tenements in the Fine at the levying thereof but only unto rents common c. issuing out of the same ANd Estrangers to fines having neither present nor future right to the tenements in the fine but to something in or issuing out of the same seem
the aforesaid Manor with the appurtenances and that to them he hath rendred in the same Court To have and to hold to the same G. and I. and the Heirs which the same G. of the body of her the said I. shall beget Render intail from the aforesaid S. and his Heirs for ever yeelding therefore by the year one Rose at the Feast of the Nativity of Saint John the Baptist for all service consideration and exaction unto the aforesaid S. and his Heirs belonging And Forrain service doing therefore to the chief Lords of that Fee for the aforesaid S. and his Heirs all other services which unto that Manor do belong And if it happen that the aforesaid G. shall die without Remainder in tail Heir of the body of him the said I. begotten then after the decease of them the said G. and I. the Manor aforesaid with the appurtenances shall wholy remain to I. Brother of the same G. and to the Heirs of his body begotten to hold of the aforesaid S. and his Heirs by the aforesaid services as aforesaid for ever And if it happen that the aforesaid W. shall dye without Heir of his body begotten then after the decease of him the said W. the aforesaid Manor with the appurtenances shall wholly remain to I. Brother of the same W. and the Heirs of his body begotten to hold of the aforesaid S. and his Heirs by the aforesaid services as aforesaid for ever â— And if it happen that the aforesaid I. shall die without Heir of his body begotten then after the decease of him the said I. the aforesaid Manor with the appurtenances shall wholy remain to E. Brother of the same I. and to the Heirs of his body begotten to hold of the aforesaid S. and his Heirs by the aforesaid services as aforesaid for ever And if it happen that the aforesaid E. shall die without Heir of his body begotten then after the decease of him the said E. the aforesaid Manor with the appurtenances shall wholly revert unto the aforesaid S. and his Reverter Heirs quite from other Heirs of them the said G. I. W. I. and E. to hold of the chief Lords of that Fee by the services which unto that Manor do belong for ever A Mittimus OLiver c. To the Justices of the Bench greeing We send to you under the foot of our Seal c. or thus The transcript of the foot or thus The tenor of the foot of a certain fine levyed in the Court of c. Anno c. before W. and his Associates then Justices of c. of the Bench at Westminster by our Writ between I. plaintiff and W. deforcient de tanto c. whom before us in our Chancery we have caused to come to you we send under the foot of our Seal that in the plaint which is before you by our Writ between I. son of I. demandant and E. tenant of the same Messuage c. you may be able the more securely to proceed c. T. c. A Mittimus for the foot of a Fine THe Protector to his Bayliffs of S. greeting Because in the levying of divers fines before I. S. and W. W. late Bayliffs of the Town of S. between W. R. and M. his wise plaintiffs and W. T. deforcient of eight Messuages c. and of ten shillings of rent with the appurtenances in S. in the year c. according to the liberties to Burgesses of the Town aforesaid by the Charters of former Kings of England our predecessors granted to be levyed manifest error did intervene as by the inspection of the tenours of the fines aforesaid and also of the record and process of the levying thereof which before us afterward at the sute of W. M. and Error hy the Heir upon a fine H. W. of S Cozens and Heirs of the aforesaid M. we caused to come to us appeareth And we in our Court before us for the errors found in the levying of the fines aforesaid and in the record and process of the same we have considered that the feet of the fines aforesaid from files of the fines aforesaid be drawn of and cancelled And therefore we command you that the feet of the fines aforesaid which are in your custody you send before us tali die wheresoever we shall then â—e c. cancelled according to our consideration abovesaid And have ye there this Writ T. c. Whether any but he which reserveth a fine may reap benefit thereby IF the estate contained in a fine be once within 15. years after Proclamations lawfully defeated That party hath there by lost his whole estate both against him which did revers the same and all others which had right or title paramount and made no claim within five years Albeit he which brought his Action have not JudgemeÌ„t and execution within seven years after the Proclamations Plow f. 358. b. In like manner if there be tenant for life the remainder for life the remainder in Fee and the first tenant for life alien and the alience levy a fine with Proclamations and the second tenant for life enter or claim as he may he defeateth the fine against himself and him in the remainder also Plow fo 359. a. 7 Eliz. Warrantia Chartae A Writ of Warrantia Chartae lyeth where a man by deed of grant Feoffment release or confirmation or fine or by exchange bindeth himself and his Heirs to warrant the Land to another who being tenant of the Land is impleaded for the Land or rent out of the same in an Assise or in a Scire facias upon a fine or in any other Action real wherein the tenant may not vouch he may sue a Warrantia Chartae against him and his Heirs which made warranty And for a tenant by homage auncestrell or any paiticular tenant upon reservation of rent or for egalty of services upon partition Fitz. Nat. fol. 134. d. f. g. h. Fitz. Nat. 135. c. 31 E. 3. 8 E. 4. 11. The Writ of Warra Chartae THe Protector c. That justly c. he warrant to D. one Messuage with the appurtenances in R. which he holdeth and of him claymeth to hold and whereof he hath his Charter as he saith And if c. or thus The Manor of N. with the appurtenances and the advowson of the same Town which he holdeth c. usque ihi whereof he hath his Charter or the Charter of R. Father or Mother or other ancestor of the aforesaid H. whose Heir he is as he saith And unless c. Of him that or the same A. warrant to the aforesaid D. the Manors of N. and R. and the hundreds of F. and G. with the appurtenances and the advowson of the Church of N. and therfore we command you c. But if a man infeoffe another with warranty by deed and the Feoffee infeoffe another and take estate from him in Fee the first warranty is determined because he is