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A93118 The touch-stone of common assurances. Or, A plain and familiar treatise, opening the learning of the common assurances or conveyances of the kingdome. By VVilliam Sheppard Esquire, sometimes of the Middle Temple. Sheppard, William, d. 1675? 1648 (1648) Wing S3214; Thomason E528_1; ESTC R203541 687,813 543

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this sort are mad men lunatikes villaines Ideots men that have the Lethargy doting old persons that want discretion drunken men and men that are forced to it by threatning imprisonment or the like also such as are born blind may be conusors or conusees And by what names deafe and dumbe but a man that becomes so accidentally may be received and ought not to be refused Also persons attainted of felony or treason ought not to bee received to levy a fine but such persons being admitted to levy a fine the fine will be good against all Persons attaint persons but the King and the Lord of whom their lands whereof the Non san● memoriae fine is levyed are held for their times but persons waived or outlawed in personall actions onely ought not to be refused a 17 E. 3. 52. Cromp. Jur. 37. 10. E. 4. 13. Also Infants Infants ought not to be received to levy a fine and y et if an Infant be admitted to levy a fine and he doe not avoid it by writ of error during his minority as he may if it be not a fine Sur Grant Render in taile or for life the fine will be good for ever against him and all others b Perk. Sect. 19. Dyer 220. et per Just Bridgmans opinion in private And if he die during his nonage before he hath avoided it it seemes his heire can never avoid it and yet upon this point the Judges of the Common Please have been divided on a solemn argument and of this Just Dod. in 17 Iac. made a Quere c 17 E. 3. 52. 30 E. 3. 5. 27 Ass pl. 53. Perk. Sect. 19 20. Co. 7. 8. Also women that have Women covert husbands ought not to be admitted alone without their husbands to levy fines and yet if such a woman alone levy a fine of her own land she hath in fee simple and her husband doe not avoid it as he may if he will by writ of Ertor entry or otherwise during her life or after her death during his own life if he be tenant by the Curtesie this is now a good fine and will bind her and her heires for ever except she be an Infant at the time of the fine levyed and her husband happen to die during her minority for then in that Case if it be not a fine Sur Grant Render to her in taile or for life she may avoid it during her minority but if the coverture continue untill her full age in that Case she cannot avoid it except her husband joyn with her in it but the husband and wife ought to be received together to levy any fine of her land If such persons as are civilly dead as Fryars Corporations West Symb. part 2. Sect. 9. Plow 538. 575. Co. 11. 78. 1. in Magdalen College case Monkes and the like be admitted to levy a fine the fine is void But such civill bodies as have absolute estate in their possessions as Maior and Commonalty Dean and Chapter Colleges and other Societies corporate may levy fines of the lands they hold in common even by the Common Law and such fines are good but Ecclesiasticall persons as Biships Deanes Masters of Hospitals Parsons Vicars Prebends and such like are by divers Statutes restrained to levy fines of their spirituall inheritances Any person that hath capacity to take by grant or may be a grantee by deed may take by fine and be a conusee therein as any person 3 H. 6. 42. 41 E. 3. 7. 50 E. 3. 9. 24 E. 3. 62. male or female of full age or under age whether it be a Feme Covert madde person lunatike Ideot any person in prison or beyond the Sea also any person attainted of felony or treason or outlawed in any personall action a Bastard Clark convict or Alien may be conusee in a fine and a fine levyed to such persons is good d 5 H. 7. 25. 19 H. 6. 25. Dyer 188. Also Corporations spirituall and temporall may be conusees in fines and fines levyed to them are good but before the ingrossing of such fines there goeth alwaies a writ to the Justices of the Common Pleas Quod permittant ●inem illum levari But such persons as are civilly dead as Fryers Monkes and the like cannot be conusees in a fine and therefore a fine levyed to such persons is void The names of Cognisors and Cognisees in fines must bee West Simb in his Tract of Fines certainly set downe and they must for the most part bee deseribed by their right names of Baptism and Surname whether they be King Princes D●kes Marquesses Earles Vicounts Barons Lords or Knights which be names of dignity but some of these are sometimes described without their Surname as Georg ' Comes Salop. Iohannes Dux Lancastr or whether they be Esquires or Gentlemen which be names of worship and honour But these additions of names of dignity and honour given to such persons or any others as Bishops and the like are used in fines rather of curtesie then of necessity for they are not needfull in fines But in case where there bee two of one name it is safe to make some addition by way of distinction as Senior and Junior and the like If a woman living her first husband take a second husband and 7 H. 4. 22. with him and by his name knowledge a fine it seemes this is void because of this mistake but if a woman with her right husband by a wrong Christian name levy a fine she is concluded by it and cannot avoid it during her life c 1 Ass pl. 11. And yet if a fine be levyed to a man and his wife by a wrong name as to A. and Sybill his wife when her name is Isabell this is holden to be void f F. N. B. 97. a Litt. Broo. Sect. 344. But if a fine be levyed by a woman by the name of Margery when her name is Margaret or by the name of Agnes when her name is Anne it seemes this fine is a good fine The Persons or Judges before whom a fine is to be levyed are of West Simb ubi supra 2. In respect of the persons before whom it is acknowledged and the persons place before whom and where it is recorded And what persons may take conusance of fines or record them And where And how the duty of such persons therein two sorts for some are Judges onely at the time of the Cognisance and Certifieate thereof and others are Judges to whom the Cognisance is to be certifyed and before whom it is to be recorded The first sort are such as have power to take such cognisance either ex officio and by virtue of their offices or by some commission generall or speciall granted unto them by the King out of Chancery g Stat. 15. E 2. Stat. de Carlil as all or any two of the Justices