THE ATTVRNEYS GVIDE FOR Suing out of Fines Concords and Recoveries c BEING Choice and Exact Presidents for all sorts of Fines Concords and Recoveries Together with full Instructions in all proceedings relating thereunto and the certain charges of the same With a Table of all the Particulars Perused and Approved by G. T. an able Practioner and others LONDON Printed by F. L. for Tho. Firby and are to be sold at his Shop near Grays-Inn Gate 1656. To the Reader Reader THis Treatise was at first intended only for Private use but having been perused by some Eminent Practizers of the Law and Commended by them to be of Publique benefit and concernment I have adventured with their advice to present it to thee in Print I hope thou wilt reap so much benefit by it as will at least deserve thy acceptance However pass favourably by what Errors thou findest and thou shalt in as great a matter oblige both the Printer and Thy Friend I. B. The Definition of a Fine IT appeareth by many Writers of the Common-law That a Fine is nothing but a friendly composition or final concord had between persons of and concerning any lands or tenements rent or other thing hereditable being in esse tempore finis acknowledged and recorded formerly by the consent and license of the King now of the Lord Protector or his Justices before a competent Judge to the end to cut off all controversies that neither of the parties litigant from it may after depart And therefore well may it be said to be fructus exitus finis legis Plo. fol. 357. If we but consider that the Law was made to no other end than to settle peace In every Fine there are two several parties the Cognisor and the Cognisee the party levying the Fine is called the Cognisor and he to whom it is levyed is called the Cognisee There are five essential parts in a Fine first the original writ taken out against the Cognisor the Kings licence formerly so called giving the parties liberty to accord for which he had a Fine called the Kings silver being accounted a part the Crowns revenue Thirdly the Concord it self which thus beginneth Et est concordia talis c. Fourthly the note of the Fine which is an abstract of the original concord and beginneth thus ss inter R. quaerentem S. E. Uxorem ejus desorcientes c. Fifthly the foot of the Fine which beginneth in this manner Haec est finalis concordia facta in curia Domini Protectoris apud Westm a die Pasche in quindecim dies anno c. so that the foot of the Fine includeth all containing the day year and place and before what Justices the Concord was made Coke v. 6. cas Teye fo 3 8 39. There are two sorts of Fines the one at Common Law the other levied and proclaimed according to the Statute 1 R. 3. cap. 7. 4 H. 7. cap. 24. 32. 14. 8. cap. 36. In the levying and proclaiming of a Fine two several Statutes are chiefly to be considered the one of them is the Statute of 1 R. 3. chap. 7. The other is the Statute of 4 H. 7. chap. 24. being in some thing afterwards explained by a Statute made in Anno 32. H. 8. chap. 36. The Proclamations are four and are to be made four several Terms as hereafter shall be expressed Concerning Fines with Proclamations 5 things are to be observed 1 The time of levying proclaiming the same 2 The place where and before whom it is to be levyed 4 What Ceremonies therein are to be observed 5 the several times are to be observed and considered First that the Fine be levyed afâ—er the Feast of Easter which was in the year of our Lord 1496. for all Fines levyed before that time are out of the compass of this Statute 4 H. 7. as it appeateth by the letter of the same Statute 2 That the Proclamation must be made in time of the Term and therefore if any of those proclamations doe happen to be made either before the beginning or after the end of any Term or on a Sunday or other festival day exempted from the Term as on the Feast day of the Purification of St. Mary the Virgin Ascention day All Saints All Soules or on the Feast day of St. Iohn Baptist if it happen on any other day than on the Friday next after Trinity Sunday and to be recorded accordingly then if it be not holpen by the Statute of 23. Eliz. cap. 3. all the Proclamations are reversable by a Writ of error or by plea as it appeareth in Finches case Plow com 266 267. and then the Fine will be of no other nature and force than a Fine without proclamations And albeit the Proclamations were all made within the Terms according to the form of the Statute yet if the record or records do purport the contrary they are reversable by error or avoidable by plea if it be not holpen by the said Statute for a record is of that credit in law that no averment may be admitted to the contrary A Fine doth for ever conclude and bar as well privies as strangers to the same except such strangers as are women covert other than be parties to the Fine and every other person being within age viz. the age of 21 years in Prison or out of this Realm or not of whole mind at the time of such Fine levied But this exception is conditional viz. that they or their heirs inheritable to the same lands c. do take their action or lawfull entry according to their right and title they have to the Tenements therein contained at time of the ingrossing thereof within 5 years next after they be of full age of 21 years out of prison uncovert within this Realm and of whole mind Now let us see who are privies and who are strangers to a Fine according to the Statute there are three privities only 1 privity in blood only 2 privity in Estate only 3 privity in blood and estate There are three kinds of privities 1 in blood tantum 1 one when a man is heir to his late Ancestor and yet hath nothing by discent from him As for example if a father seised of lands in Fee doth thereof infeoffe a stranger and his heirs or if he by his last Will and Test in writing did dispose the same being holden in soccage to another in Fee and hath issue and dyeth in this case such issue is privy in blood having nothing by discent 2 Another kind of privity in blood is when something is descended unto him as heir unto his Ancestor and yet he claimeth the same by some other right and not as heir to such an Ancestor As for example if there be a Father and Son and the Son purchaseth lands of a stranger in Fee and is there of disseised by his Father who dyeth thereof seised the same descend to his Son aâ— heir in this case
And hath done to him Fealty c. Therfore let a Fine thereof be ingrossed c. Barre But if the Tenant will pleadin Bar he may do it thus if he be Tenant in Frank-marriage The Sheriff was commanded c. ut supra Gift in Frank-marriage And the aforesaid A. B. saith that one P. N. Father of the aforesaid M. N. whose heir he is c. by his Deed gave the Tenements aforesaid with the appurtenances to the same A. B. in Frank-marriage with E. his daughter saving to himself the reversion c. which said E. died without issue of his body begotten And so he faith that he holdeth the Tenements aforesaid by form of the Deed aforesaid and that the reversion thereof after his death doth belong unto the aforesaid R. M. and prayeth Judgement whether he of such his Estate ought to atturn himself thereof to any c. and produceth here in Court the Charter aforesaid that the gift aforesaid in form aforesaid testifieth c. And the aforesaid C. D. saith that the day wherein the note of the Fine aforesaid was levied that is to say the 9. day c. the aforesaid A. holdeth the aforesaid Tenements for Term of his life as by the note aforesaid is supposed without this that he then held the Tenements aforesaid in Free-marriage as he above alleged And this he prayeth that c. therfore 12 c. Or thus if the Tenant Claim Fee or be not Tenant Which being read the same A. B. saith that he by virtue of the note aforesaid himself to the aforesaid C. D. ought not to atturn for that one Messuage c. which are in the aforesaid Town of S. of the Tenements aforesaid in the note aforesaid contained the same A. B. saith that at the time of the levying of that note was seised of the aforesaid Messuage c. in his demeasne as of Fee by the gift and Feoffment of one L. T. to him thereof made without this that he at the time of the levying of that note held that moiety for Term of life only as by that note is supposed and tbis c. whereof he prayeth Judgement whether he by virtue of the note aforesaid himself to the aforesaid C. D. of the aforesaid Messuage c. ought to atturn c. And as touching the Tenements aforesaid residue of the Tenements in the note aforesaid contained the same A. B saith that he neither at the time of the levying of the note aforesaid nor at any time afterward held the same Tenements but rather that W. A. who as yet is in life then was thereof Tenant as of his free-hold and as yet is And this c. whereof c. ut supra And the aforesaid C. D. saith that he from having the atturnment of the aforesaid A. B. by virtue of the note aforesaid ought not to be barred for that as touching the aforesaid Messuage in L. aforesaid the same C. D. saith that the aforesaid A. B. at the time of the levying of that note held that Messuage with the appurtenances for Term of his life onely as by that note is supposed And this he prayeth that c. And the aforesaid A. B. likewise And as ro the residue of the Tenements aforesaid he saith that at the time of the levying of the note aforesaid the aforesaid A. B. was Tenant thereof for Term of his life as by that note is supposed And this he is ready c. whereof he prayeth Judgement and that the aforesaid A. B. may atturn himself thereof c. And the aforesaid C. D. saith that the aforesaid A. B. at the time of the levying of the note aforesaid was not Tenant of the aforesaid residue of the Tenements for Term of his life as c. And of this c. therefore 12 c. Or thus where the Cognisor hath nothing in the reversion The Sheriff of D. was commanded c. ut supra which being read and heard the same A. B. saith that he by virtue of the note aforesaid himself to the aforesaid C. D. ought not atturn because he saith that the aforesaid M. N. who recognized the Tenements aforesaid with the appurtenances to be the right of him the said C. D c. had nothing in the reversion of the same Tenements with the appurtenances at the time of the levying of the note aforesaid and this he is ready to verifie whereof he prayeth c. ut supra And the aforesaid C. D. saith that the aforesaid A. B. at the time of the levying of the note aforesaid to wit in eight dayes of Saint Hillary c. held the Tenements aforesaid with the appurtenances for Term of his life the reversion thereof after his death to the aforesaid M. N. who recognized c. and to his heirs belonging as by the note aforesaid it is supposed And this he prayeth that it may be enquired by the Country And the aforesaid A. B. likewise therefore let 12 c. But if the Tenant claim an Estate tail by devise thus Which being read and heard c. the same A. B. faith that he by virtue of that note himself to the aforesaid C. D. of the tenements aforesaid he ought not to atturn because he saith that before that the aforesaid M. N. any thing had in the Tenements aforesaid with the appurtenances one I. F. was seised of the Tenements aforesaid in his demeasne as of Fee and that the same Tenements with the appurtenances are held and at the time of the levying of the note aforesaid were held of W. S. in Soccage by Fealty to him c. And the same I. being so seised thereof the 1. day of May last past made his last will and Testament in writing and by the same bequeathed to the aforesaid A. B. the Tenements aforesaid by the names c. to have to him and the heirs of his body lawfully begotâ—en and afterward there died after whose death the aforesaid A. B. into the Tenements aforesaid with the appurtenances entred and was thereof seised in his demeasne as of Fee-tail to wit to him and his heirs by form of the Statute and last will aforesaid And this c. whereof c. And the aforesaid C. D. saith that he by any things afore alleged from the atturnment of the aforesaid A. B. by virtue of the note aforesaid ought not to be barred because he saith that well and true it is that the aforesaid I. F. was seised as above as in the Writ aforesaid above it is alleged but the same C. D. saith that the same I. F. by his said Testament and last will amongst other things bequeathed the Tenements aforesaid with the appurtenances c. by the names aforesaid to the aforesaid A. B. for Term of his life and afterward the same I. F. dyed after the death of which said I. F. the same A. B. into the Tenements aforesaid with the appurtenances entred and was thereof seised in
his demeasne as of Freehold by the Form of the Testament and last will aforesaid without this that the same I. F. by his last will and Testament aforesaid bequeathed to the aforesaid A. B. c. ut supra as the aforesaid A. B. above alleged And this c. whereof c. And the aforesaid A. B. as before saith c. ut supra in brevi as he before alleged And of this c. The Tenant may atturn for parcell excepting the rest and plead thereunto Attornment for part plea to the rest ANd now at this day here in the Court came as well the aforesaid E. I. by W. W. his Attorney as the aforesaid I. E. in his proper person and hereupon the aforesaid E. I. by his Attorney aforesaid Prayed that the aforesaid I. E. to him thereof may atturn c. And the aforesaid I. E. prayeth hearing of the Writ aforesaid and to him it is read c. he prayeth also hearing of the note of the Fine whereupon the Writ aforesaid issued forth and it is read to him in these words Between R. Plaintiff and P. Deforcient c. rehearsing the whole note which being read and heard the same I. F. as touching the Tenements aforesaid except 10 Acres in D. parcell thereof saith that he is ready to the aforesaid R. thereof to atturn and himself to him in Court here hath attorned of the Tenements aforesaid except the aforesaid 10. Acres of Land and hath acknowledged c. And hath done Fealty c. And as touching the aforesaid 10. Acres of Land in D. the same I. F. saith that he at the time of the levying the note aforesaid was seised of the same 10. Acres of Land with the appurtenances in his demeasne as of Fee without this that he at the aforesaid time of the levying of the note aforesaid the same 10. Acres of Land with the appurtenances held for Term of life only as c. therefore let a Fine thereof be ingrossed Dyer f. 212. p. 35. 4. Eliz. And when the Tenant doth atturn the note of the Fine is to be delivered to the Chirographer And then it must be written upon the back-side of the same note thus The within named A. B. hath atturned himself to the within written C. D. by virtue of this note as it appeareth c. Atturney in quid Juris clamat UPon such a Plea pleaded that the Tenant may forfeit his Estate he may make an Atturney 21 E. 3. 48. Or if the Tenant suggest in Chancery that he will plead so as he forfeit his Estate he may make an Atturney by dedimus potestatem thus Oliver c. To his beloved faithfull F. B. c. Whereas our Writ of Covenant hangeth before you and your Associates our Justices of the Bench between R. P. of a hundred Acres c. which I. holdeth for his life of the aforesaid B. for a Fine thereof between the aforesaid R. and P. according to the Law and custome of our Common-weath of England to be levyed whereby our Sheriff of York by our Writ we have commanded that he should cause to come before our said Justices the aforesaid I. at the day in that Writ contained to acknowledge what right he claimeth to have in the Lands aforesaid and on the behalf of the said I. it is given us to understand that he upon the Fine aforesaid ought not to atturn for that that before the levying of the note of the Fine aforesaid one S. being seised of that Land in his demeasne as of Fee gave it to the aforesaid I. and the heirs of his body And he at the day to him given in the Bench aforesaid that matter to the Writ aforesaid will plead And yet he is so impotent and worn with age that unto the Bench aforesaid at the day to him given without very great danger of his body he is not sufficient to travail to plead that plea we tendring the State of the same I. in this behalf have given you power to receive an Atturney whom before you in his stead he shall will to atturn in this behalf to gain or to lose and therefore we command you that unto the aforesaid I. personally you going you receive an Attorney whom in his stead he shall will to Atturn in this behalf and of the name of the same Atturney to us in our Chancery under your Seal distinctly and openly you certifie returning to us this Writ Witness my self c. The return thereof I Putteth in his place A. B. his Atturney against R. in a Plea in quid juris clamat to gain or lose And as the Tenant may make an Atturney by dedimus potestatem so he may atturn the form whereof followeth Oliver c. To his faithfull I. and M. greeting whereas our Writ of Covenant hangeth before you and your Associates our Justices of the Bench between R and P. of a hundred Acres c. which I holdeth for his life of the aforesaid P. for a Fine between the aforesaid R. and P. according to the Law and custome of our Common-weal of England to be levyed whereby by our Writ we have commanded our Sheriff of Norfolk that he cause to come before our said Justices the aforesaid I. at the day in that Writ contained to acknowledge what right he claimeth to have in the Land aforesaid and the aforesaid I. of himself is so impotent that unto the Bench aforesaid at the day to him given without very great danger of his body he is not sufficient to travail to acknowledge what right he claimeth to have in the Land aforesaid we tendring the state of him the said I. in this behalf have given to you power to receive the knowledgement and to testifie the Atturnment which the aforesaid I. before you shall will to make ye receive And when you have received him and he before you as it is the manner have atturned himself your aforesaid Associates of the cognizance aforesaid distinctly and openly you certifie the aforesaid atturnment testifying that that Fine between the parties aforesaid of the Lands aforesaid before you and your associates aforesaid in the Bench aforesaid may be levied according to the Law and custome aforesaid And have you c. After issue joyned the Tenant may be essoigned thus York ss A. B. against C. D. in a Plea of quid juris clamat in one Messuage c. whereof the Jury by W. C. in 15. dayes of Saint Hillary c. If the issue be found with the Plaintiff the Judgement is in this form Judgement ANd hereupon the premisses being seen and by the Justices more fully understood it is ordered that the aforesaid C. D. for seisin of the Tenements aforesaid with the appurtenances against the aforesaid A. B. by occasion of the claim and Plea aforesaid forefeited to have if he will he may prosecute and also that the Fine aforesaid if he will may be ingrossed and the aforesaid A. B.
in mercy c. But atturnments entred upon record before the party mentioned to atturn do first appear in Court in person or by atturney warranted by the hand of one of the Justices of the one Bench or of the other or one Justice of Assize upon a Writ of quid juris clamat quem redditum reddit or per quae servitia as the case requireth is void without Writ of error 23 Eliz. c. 3. upon which Judgement the Cognisee may have execution by habere facias seisinam in this form Oliver c. To the Sheriff of York greeting Know you that whereas C. D. in our Court before our Justices at Westminster by order of the same Court hath recovered his seisin against A. B. of one Messuage with the Appurtenances in L. which M. N. in the same Court granted to the aforesaid C. D. by a Fine thereof between them made therefore Wee command you that to the same C. D. plenary seisin of the Messuage aforesaid with the appurtenances without delay you cause to have and what thereof you shall do you certifie to our said Justices at Westminster in eight dayes of Saint Martin c. And have you there this Writ T. c. A Distringas ad Atturnandum And upon the Judgment to Atturn doth issue a Distringas ad Atturnandum in this form Oliver c. To the Sheriff greeting Wee command you that you distrain A. S. by all his Lands c. So that he be before our Justices of the Bench to atturn to C. D. in a plea of Quid juris clamat in one Messuage with the appurtenances in L. which M. N. in our Court c. hath granted to the aforesaid C. D. by fine thereof between them made and whereupon it is ordered in the same Court that the aforesaid A. S. himself to the aforesaid C. D. thereof shall atturn And have you there this Writ T. c. Quem redditum reddit The Writ of quem redditum reddit is a Writ judiciall and issueth out of the note of the fine against the Tenant of the Land to compell him to atturn to the Cognisee upon the grant of a Rent charge or Rent seck issuing out of the Land N. B. F. 170. b. the form whereof followeth Oliver c. to the Sheriff of E. greeting We command you c. that you cause to come here from the day of St. Michael in fifteen dayes E. F. to acknowledge what Rent he was accustomed to yield issuing out of one messuage with the appurtenances in E. which A. B. in our court before our Justices of the Bench hath granted to C. D. by a Fine there of between them made And have you there this Writ T. c. If the Defendant appear not upon this Writ a Distringas issueth forth in this form OLiver c. To the Sheriff of York greeting Wee command you that you distrain E. F. by all his Lands c. And that you answer to us of the profits of the same and that you have his Body here c. in eight daies of St. Michael next to come To acknowledge what Rent c. issuing out of one Messuage with the appurtenances in L. which A. B. in our Court c. hath granted to C. D. by a Fine thereof between them made and to hear his Judgment for many defaults And have you c. At which day if the Tenant appear the entry may be in this form E. F. In mercy for many defaults c. The Sheriff of E. was commanded that he should distrain the aforesaid E. F. c. as in other Writs of Distringas above And now here at this day came aswell the aforesaid C D. by W. W. his Atturney as the aforesaid E. F. in his proper person And the aforesaid C. D. prayeth that the aforesaid E. F. may atturn himself to him of the Rent aforesaid c. And the aforesaid E. F. prayeth hearing of the Writ a-aforesaid and to him it is read he prayeth also hearing of the note of the Fine whereupon the same Writ issued and to him it is read in these words Between C. D. Plaintiff c. reciting the note c. Atturnment entred In which case if the Tenant atturn the entrie shall be as in a quid Juris clamat and so shall the Judgment and Execution be also mutatis mutandis but the atturnment must be in Court 9 H. 6. 21. 8. H. 6. 15. Divers Tenants If this Writ be against divers Defendants and some appear and some make default Those which appear shall not atturn without the rest untill they appear and after make default 8. H. 6. 15. Default If the Tenant once appear and after make default a Distringas ad atturnandum shall be awarded 9. H. 6. 21. 8. H. 6 15 A Cognisee of a Rent charge or Rents for years shall not have Atturnment quaere Dyer fo 401. Pl. 37. 38. Atturney The Tenant cannot plead by an Atturney but ex consensu quaerentis 1. H 7 27. In a Quem redditum reddit the Tenant appearing is to demand what the Plaintiff hath to shew for the Rent and then he must shew the commencement thereof and his title thereunto which the Plaintiff may answer 31. H. 6. 8. 35. H. 6. Disclaimer In quem redditum reddit if the Tenant will disclaim he may plead that he was not Tenant of the Land the day of the note levyed for this Writ lyeth against none but him which is then Tenant 8 H. 6. 15 Per quae servitia PEr quae servitia is a judiciall Writ issuing from the Note of a Fine and lyeth for the Cognisee of a Mannor seigniory chief Rent or other services to compell him that is Tenant of the land at the time of the note of the fine levyed to atturn unto him 43. E. 3. 8. H. 6. 17. Pl. 46. B. which is made thus The Writ OLiver c. To the Sheriff of K greeting Wee command you that you cause to come before our Justices at Westminster tali die S F. R L. c. at L. c. to acknowledge by what services they hold their Tenements with the appurtenances in B. which services E. L. in our Court before our Justices at Westminster hath granted to W. B. by a Fine there thereupon between them made And have you there this Writ Witnesse c. If the Lord grant the services of his Tenant by Fine or otherwise the Lord before Atturnment shall have such things as lye in prender as the Ward of the body of the heir and of the Land escheats c. but not such things as lye in render as Rents and relief Herriots and other services for he cannot avow for them before the atturnment If a man grant the services of his Tenant for life This Writ lyeth Br. per quae servitia 13. Vpon a grannt for life If services be granted to I. S. for life the reversion to N.
such a Fine under the great Seal hath this Commodity That if any errors remain in the record of the same Fine they be not amendable after the exemplification thereof 23 Eliz. c. 3. but iâ— seemeth this extendeth only to Fines levyed before the same statute 23 Eliz. c. 3. These inrollments and exemplifications seem very necessary because that the privity and warrant of the said Court many errors hapening in the former records thereof may be amended and these inrolments will suffice if the former Record thereof or any part thereof be imbezelled or otherwise defaced 23 Eliz. c. 3. The exemplification of a Fine inrolled according to the Statute of 23 El. c. 3. OLiver Lord Protector c. To all to whom this present writing shall come greeting Know ye that among the Inrolments of Writs and other things depending for Fines according to the form of the Statute of the Term of Easter at Westminster in the year of our Lord God 1654. in the 7. Roll it is thus contained ss Essex ss Oliver Lord Protector of the Common-wealth of England Scotland and Ireland c. To the Sheriff of Essex greeting Command E. W. Esquire and I. his wife that justly and without delay they hold to I. W. and I. S. the Covenant between them made of two Messuages two Gardens two Orchards 20. Acres of Land 20. Acres of Meadow 40. Acres of Pasture and 100. Acres of Furs and Heath with the appurtenances in B. and W. And unless they shall do it and the aforesaid I. and I. shall secure you for prosecuting their plaint then summon by good summoners the aforesaid E. and I. that they be before our Justices at Westm in 8. dayes of Saint Michael to shew wherefore they did it not and have you there the summoners and this Writ Witness my self at Westminster the 13. day of September in the year c. Pledges of prosecuting John Doo Richard Roo summoners John Den Richard Fen John T. Esquire Sheriff ss I. W. giveth to the Lord Protector six Shillings and eight pence for a license of Concord with E. W. Esquire and I. his wife of a plea of Covenant of 2. Messuages 2. Gardens 2. Orchards 20. Acres of Land 20. Acres of Meadow 10. Acres of Pasture and 100. Acres of Furs and Heath with the appurtenans in B. and W. And he hath a Certiorari by the peace admitted before R. H. one of the Justices of the Lord Protector of the Bench Justice in the Countrey ss Oliver Lord Protector c. to his beloved and faithfull R. H. one of his Justices of the Bench greeting Whereas our Writ of Covenant dependeth before you and your Associates our Justices of the Bench between I. W. and I. S. E. W. Esquire and I. his wife of 2. Messuages 2. Gardens 2. Orchards 20. Acres of Land 20. Acres of Meadow in B. and W. in the County of Essex to Levy a Fine thereof between them before you and your Associates aforesaid in the Bench aforesaid according to the Law and Custome of our Common-wealth of England and the same E. and I. are of themselves so impotent that without very great danger of their bodies unto West at the day in the Writ aforesaid contained to the knowledgements which in this behalf are required to be made to travail they are not sufficient as we have received we tendring the state of the same E. and I. in this behalf have given you power to receive the recognizances which the aforesaid E. and I. before you shall make of the premises And therefore we command you that unto the aforesaid E. and I. personally going their cognizances aforesaid ye receive And when he have received them your aforesaid Associates thereof under your Seales distinctly and openly ye certifie that then that Fine between the parties of the premises before you and your Associates aforesaid in the Bench aforesaid may be levied according to the Law and custome aforesaid And have you there then this Writ witness my self at Westminster the 27. of September in the year c. The answer of the within named R. H. unto this Writ The execution of this Writ appeareth in a certain Schedule to this Writ annexed And the Concord is such that is to say that E. and I. in the Writ to this Schedule annexed have reknowledged the Tenements in the said Writ specified with the appurtenances to be the right of I. W. in the same Writ named as those which the same I. and I. S. in the said Writ named have of the gift of the aforesaid E. and I. and those they have remised and quit claimed from themselves and their heirs to the aforesaid I. and I. and the heirs of him the said I. W. for ever And furthermore the same E. and I. have granted for themselves and the heirs of him the said I. that they will warrant the tenements aforesaid with the apputtenances to the aforesaid I. and I. and the heirs of him the said I. W. against all men for ever And for this c. the same I. W. and I. S. have granted the Tenements aforesaid with the appurtenances to the aforesaid E. I. and the heirs of the body of him the said E. by the aforesaid I. lawfully begotten and for want of such issue the tenements aforesaid with the appurtenances shall wholly remain to the aforesaid I. and the heirs of the body of him the said I. lawfully begotten and for default of such issue the tenements aforesaid with the appurtenances shall wholy remain to the right heirs of him the said E. for ever To hold c. R. H. S. This is the finall concord made in the Court of the Lord Protector at Westminster in 8. dayes of Saint Michael in the year c. before I. D. R. W. I. W. and R. H. Justices and other of the Lord Protectors faithfull then there present between I. W. and I. S. plaintiffs and E. W. Esquire and I. his wife deforcients of 2. Messuages 2. Gardens 2. Orchards 20. Acres of Meadow 40. Acres of pasture and 100. Acres of Furs and Heath with the appurtenances in B. and W. whereof plea of Covenant was summoned between them in the same Court to wit that the aforesaid E. and I. have recognized the aforesaud tenementss with the appurtenances to be the right of him the said I. W. as those which the same I. and I. S. have by the gift of the aforesaid E. and I. And those they have remised and quite claimed from them the said E. and I. and their heirs to the aforesaid I. and I. and the heirs of him the said W. for ever And furthermore the same E. and I. have granted for themselves and the heirs of him the said I. that they will warrant to the aforesaid I. and I. and the heirs of him the said I. W. the aforesaid tenements with the appurtenances against all men for ever And for this recognizance remise quite claim warranty Fine and Concord the same I.
and I. have granted to the aforesaid E. and I. the aforesaid tenements with the appurtenances And those to them they have rendred in the same Court to have and to hold to the same E. and I. and the heirs of the body of him the said E. by the aforesaid I. lawfully begotten 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 same E. and I. shall die without heir of the body of him the said E. by the aforesaid I. lawfully begotten then after the decease of them the said E. and I. the aforesaid tenements with the appurtenances shall wholly remain to the heirs of the body of him the said I. 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 body of him the said I. shall be lawfully begotten then the aforesaid tenements with the appurtenances shall wholly remain to the right heirs of him the said E. to hold of the chief Lords of the Fee by the services which unto the aforesaid tenements do belong for ever according to the form of the statute The first Proclamation was made the 22. day of November in the Term of Saint Michael tali anno within written The second Proclamation the 24. day of November in the same Term. The third Proclamation the 26. day of November the same Term. The fourth Proclamation the 29. day of November the same Term. The fifth Proclamation was made the 7. day of February in the Term of Saint Hillary in the said year within written The 6. Proclamation the 9. day of Feb. the same Term. The seventh Proclamation the 10. day of February the same Term. The eighth Proclamation the 12. day of February the same Term. The nineth Proclamation was made the 14. day of May in the Term of Easter tali Anno the same Term. The tenth Proclamation the 17. day of May the same Term. The eleventh Proclamation the 23. day of May in the same Term. The 12. Proclamation the 23. day of Maey the same Term. The thirteenth Proclamation was made the 22. day of June in the Term of the holy Trinity in the year within written The fourteenth Proclamation the 25. day of June the same Term. The fifteenth Proclamation the 27. of June the same Term all and singular which at the request of W. W. gent. by the tenor of these presents we have drawn to exemplifie In Testimony of which thing we have by these presents caused our Seal to be put unto the Writs deputed to be sealed in the Bench. T. F. W. W. and F. R. Justices of the Bench aforesaid at Westminster the day c. tali Anno c. W. P. and R. How Fines executory be executed THe execution of a Fine is the obtaining of actuall possession of the things contained in the same by virtue thereof and it is either by entry into the Lands or by Writ By entry into the lands as if upon a Fine sur cognizance de droit que il ad de son done If the Coguisor remain still in possession And the Cognisee by virtue of such Fine enter upon him as he lawfully may without any Writ of habere fac seisin because such Fine is executed 41 E. 3. 14. 14. E. 3. 5. And if a Fine be levied to the husband and wife in speciall taile the remainder to the heirs of the body of the husband and the wife dieth without issue the remainder is executed in posseshon in the husband for the estate taile meeteth with the freehold and drowneth it 7 H. 4. 23. Execution of Fines by Writ EXecution of Fines by Writ is either by habere facias seisinam or by Scire facias A Writ of Habere facias seisinam in this case is a Writ judiciall issuing out of the Record of a Fine Executory directed to the Sheriff of the County where the Land lieth commanding him to give the Cognisee or his heirs seisin of the Land whereof the Fine is levied And this Writ lieth within the year after the Fine or Judgement upon a Scire facias And may be made in these forms O. To the Sheriff c. We command you that without delay you cause to have to B. R. A venire fac in a Scire fac on a Fine upon issue joyned whether the parties were seised at the time of the fine levyed Granted and recorded his seisin of the Messuages with the appurtenances in N. which A. T. in our Court c. hath rendred to the aforesaid B. by a Fine thereof between them made according T. c. Twelve c. of the vicinage c. And who neither to E. nor R. and A. his wife any c. to know whether at the time of the levying of a certain Fine levied in the Court of the Soveraign Lord Charles late King c. at Westminster in the morrow c. in the year c. before R. B. and his Associates then Justices of him the said late King of the Bench. And afterward in the morrow of all Soules c. in the year c. there granted and recorded before the same late Justices and other faithfull of the same late King then there present between T. R. and R. F. plaintiffs and I. B. and I. his wife deforcients of four shillings rent with the appurtenances Fine of rent in S. whereof the aforesaid G. in our Court c. prayeth Execution against the aforesaid R. and A. by virtue of the Fine aforesaid and of other tenements and rents in the same fine contained The aforesaid T. R. and R. and the aforesaid I. B. and I. who were parties to that Fine were seised of the aforesaid four shillings rent with the appurtenances as by the same Fine it is supposed by which the aforesaid E. execution of the aforesaid four shillings rent with the appurtenances against the aforesaid R. and A. by virtue of the Fine aforesaid ought to have as the same E. saith or not but neither the aforesaid T. R. and R. nor the aforesaid I. B. and I. who were parties to the Fine aforesaid at the time of the levying of the same Fine had any thing in the aforesaid four shillings rent with appurtenances nor in the Messuage from whence that rent is supposed to come whereby the aforesaid E. from the execution aforesaid of four shillings rent with the appurtenances against the aforesaid R. and A. by virtue of the Fine aforesaid to be had ought to be barred of as the same R. and A. say because as well c. Habere facias seisinam upon a recovery in a Scire sac out of a fine by confession Know you that it is ordered in our Court that W. L. and others c. have execution against W. T. of ten Acres of Land with the appurtenances in D. by virtue of a Fine thereof
and A. defendant of ten pounds of Land with the appurtenances in A. in the Manor of L. in the County of N whereof plea of Covenant was summoned between them in the same Court to wit that the aforesaid Alane hath recognized the aforesaid tenements with the appurtenances as in his demeasne Rents c. and in all other things unto the aforesaid tenements belonging to be the right of him the said Alane furthermore the same A. hath given granted to the aforesaid Alane five marks of rent with the appurtenances in A. in the County of R. and all the Manor of B. with the appurtenances in your County as in his demeasne c. To have to hold to the same Alane and E. his wife and the Heirs of the bodies of them the said Alane and E. begotten of the chief Lords of those Fees for ever doing therefore all the services wkich unto the aforesaid tenements should belong and the aforesaid A. and his Heirs did warrant to the same Alane and E. and their Heirs aforesaid all the aforesaid tenements with the appurtenances by the aforesaid services against all Nations for ever and if it should happen that the aforesaid A. and E. should dye without Heir of the bodies of them the said Alane and E. begotten c. And the aforesaid A. and his Heirs did warrant to the same Alane and E and their Heirs aforesaid all the aforesaid tenements with the appurtenances by the aforesaid services against all Nations for ever and if it should happen that the aforesaid A. and E. should dye without Heirs of the bodies of them the said Alane and E. begotten after rhe decease of them the said Alane and E. the aforesaid tenements with the appurtenances unto the aforesaid Alane and his Heirs wholly should revert quite from other Heirs of them the said A. and E. for ever and now by the insinuation of Anthony de L. and I. Cozens and Heirs of the aforesaid Alane we have received that the aforesaid Alane and E. are now dead and that John Son and Heir of the same Alane and E. died without Heir of his body begotten and also William Son of the aforesaid Alane and E. and Brother and Heir of the aforesaid John now is dead without Heir of his body begotten and that one Joan which was the wise of John of W. into the aforesaid Manor of B. with the appurtenances is entred and that holdeth contrary to the form of the Fine aforesaid And therefore we commanded you that by good and lawfull men of your County you should cause to know to the aforesaid Joan that she should be before our Justices at Westminster from the day of Saint Michael in 15. dayes last past to shew if she might have or could know any thing to say for her self wherefore the aforesaid Manor of B. with the appurtenances to the aforesaid Anthony and I. Cozens and Heirs of the aforesaid Alane should not revert if it did seem expedient to her and for that the same I. afterward in our said Court said that the aforesaid Anthony prosecuted execution of the Fine aforesaid of the moiety of the Manor of B. against the aforesaid Joan the same Joan came in the same Court and said that she holdeth the aforesaid Manor of B. with the appurtenances by the name of the Manor of R. by the demise of N. of C. and that the reversion thereof after the death of the same Joan unto the aforesaid N. belongeth without whom she cannot answer to the aforesaid Antbony of the aforesaid moiety of the Manor aforesaid and prayeth aid of him the said Nicholas And therefore we command you that by good c. you cause to know to the aforesaid N. that he be c. at Westminster from the day c. to answer to the aforesaid A. together with the aforesaid Joan of the aforesaid Plea if he will And have you their the names c. T. c. Whereas a certain Fine was levyed in the Scire fac super Ayd Court of the Soveraign Lord E. late King of England our Grand-father in the Term of the Holy Trinity in the year c. before A. and his Associates then Justices itinerate of him our said Grand-father at E. between B. plaintiff and C. deforcient of ten pounds of rent with the appurtenances in B. in the Manor of S. in the County of E. whereof Plea of Covenant was summoned between them in the same Court to wit that the aforesaid C. did recognize the tenements aforesaid with the appurtenances as in his demeasne rents c. and in all other things unto the aforesaid tenements belonging to be the right of him the said B. furthermore the same C. did give and grant to the aforesaid B. five marks of rent with the appurtenances in A. in the County of S. and all the Manor of D. with the appurtenances in the same County as in his demeasnes To have and to hold to the same B. and E. his wife and the Heirs of the bodies of them the said B. and E. issuing of the chief Lords of the Fee for ever doing therefore all the services which unto the aforesaid tenements should belong And the aforesaid C. and his Heirs did warrant to the same B. and E. and their Heires aforesaid all the aforesaid Manors with their appurtenances by the aforesaid services against all Nations for ever And if it happen that the aforesaid B. and E. should die without Heir of the bodies of them the said B. and E. begotten then after the decease of the aforesaid B. and E. the aforesaid tenements with the appurtenances unto the aforesaid C. and his Heirs should be wholly reverted quite from other Heirs of them the said B and E. for ever And now by the insinuation of R. and K. Cozens and Heirs of the aforesaid C. we have received that the aforesaid B. and E. are now dead and that I. Son and Heir of the fame B. and E. died without Heir of his body begotten and also W. Son of the aforesaid B. and E. Brother and Heir of the aforesaid I. is now dead without Heir of his body issuing And that one I. which was the wife of I. W. into the aforesaid Manor of D. with the appurtenances now is entred and doth hold it against the form of the Fine aforesaid And therefore we commanded you that by honest c. you should cause to know to the aforesaid I. that he should be before c. tali die to shew if any thing c. wherefore the aforesaid Manor with the appurtenances to the aforesaid R. and K. Cozens and Heirs of the aforesaid C. should not revert if it had seemed expedient to him and for that that the same K. afterward in our said Court being come and having said that the aforesaid R. prosecuted execution of the Fine aforesaid of the moiety of the Manor aforesaid of D. with the appurtenances against the aforesaid I. the same
heirs-males of the bodies of them the said S. P. and I. issuing And if no Heir-male of the bodies of them the said S. P. and I. should be begotten then the tenements aforesaid with the appurtenances should wholly remain to the aforesaid M. sister of the aforesaid S. son of the aforesaid S. P. and I. and the Heirs of her body begotten and that the aforesaid S. P. and I. are dead without heir-male of their bodies begotten And that ☞ the aforesaid S. son of the aforesaid S. P. and I. is dead without heir of his body begotten and that the aforesaid M. is likewise dead and that the aforesaid I. A. is Cozen and Heir of the aforesaid M. inform wherein the same I. A. above supposeth and all and singular the premises Judgment to have execution they well grant therefore it is considered that the aforesaid I. A. have execution against the aforesaid R. L. and others of the tenements aforesaid with the appurtenances c. Scire Fac. teturned And now here at this day came as well the aforesaid E. in his proper person as the aforesaid T. B. by W. his Atturney And the Sheriff returned that he made to know c. And hereupon the aforesaid E. saith that he is Cozen and heir of the aforesaid E. that is to say son of R. son of I. son of A. son of W. brother of R. of the Father of him the said E. and prayeth against the aforesaid T. B. execution c And Cozenage alleged the aforesaid T. saith that the aforesaid E. execution c. by virtue of the Fine aforesaid against him ought not to have because he saith that one R. Father of him the said R. of the Father of E. one I. R taking to wife and the Bar that another was Heir whose estate he hath same I. him the said R. taking to husband at R. in the County of N. one to the other were betrothed and after that banes between them by three holidayes distant from themselves in the Parish Church of R. solemnly was proclaimed and other things concurrent in that behalf canonically required spousall between the same R. and I. in the face of the same Church were lawfully and solemnly celebrated within which spousall the same R. and I. at R. aforesaid had issue between them there begotten and born the aforesaid E. Father of the aforesaid E. and one S. the mean and after the Nativity of him the said S. the aforesaid W. in the Fine aforesaid named the said W. being the younger to whom the aforesaid E. maketh himself Cozen and Heir and the aforesaid R. Father of R. and I. afterward dyed and the aforesaid R. son of R. of the son of R. had issue there the aforesaid E. and died and she the said E. afterward died without Heir of her body issuing the said W. E. her husband in the said Fine named her surviving and he the said W. died after whose death the aforesaid T. M. into the aforesaid Messuage c. in the aforesaid Towns of E. and M. entred as in their remainder aforesaid and were thereof seised in their demeasne as of Fee tail by virtue of the Fine aforesaid and dyed without Heir of their bodies issuing after whose death one I. R. as Cozen and Heir of the aforesaid E. to wit son of S. of the brother of R. of the father of the afores E. into the tene aforesaid with the appurtenances entred and was thereof seised in his demeasne as of Fee by virtue of the Fine aforesaid the estate of which said I. R. the aforesaid T. B. now hath in the same and this c. whereof he prayeth c. if execution c. Cozenage maintained And the aforesaid E. saith that he from having execution of the Messuages c. in the aforesaid Townes of E. and M. against the aforesaid T. for any the matters before alleged ought not to be barred for that he saith that long before the aforesaid spousall between the aforesaid R. Father of R. and I. R. his wife celebrated the same R. Father of him the said R. her the said I. taking to his wife and the same I. him the said R. taking to her husband at M. in the aforesaid County of B. to one the other were betrothed and all and singular the things concurrent of right in that behalf canonically being required spousal between them the said R. and I. in the face of the Church c. were solemnly and lawfully celebrated within which spousall the aforesaid R. Father of R. and I. his wife at the aforesaid Town of M. had issue between them that is to say Father of the aforesaid E. and the aforesaid W. in the Fine aforesaid named his middle son to whom the aforesaid E. maketh himself Cozen and Heir and the aforesaid S. his younger son without this that the aforesaid S. was son of the aforesaid R. of the father of R. I. his wife the elder of the afores W. as the afores T. B. above alleged And this c. wherof he prayeth Judgement execution c. And the aforesaid T. B. saith that the aforesaid S. was son of the aforesaid R. of the Father of R. and I. his wife the elder of the aforesaid W. in form as he above alleged And of this c. And the aforesaid E likewise And for that the Justices here are not yet advised whether the said issue of the Plea aforesaid ought to be tryed by men of the venue of M. in the said County of E. or by men of the venue of R. in the said County of W. or by men of one venue Venue and another day is given to the parties aforesaid to hear their Judgement here in eight dayes of Saint Hillary c. Cozenage alleged in the Scire Facias ANd hereupon the aforesaid W. L. saith that he is Cozen and heir of the aforesaid M. to wit son of I. of the son of I. of the son of him the said M. begotten and born at T. in the County of N. between I. L. of T. heretofore husband of the aforesaid M. and her the said M. after the spousall between them there celebrated and prayeth against the aforesaid W. and A. execution c And the aforesaid W. and A. know not any the matters in the Writ aforesaid by the aforesaid W. L. before alleged and contained and by protesting that they as to the begetting and Nativity of the aforesaid I. son of M. so suspected in Maner and form above alleged by necessity have not nor by the Law of the Land are held to answer protesting also that the aforesaid M. being the first took to her husband one I. L. of M. which said I. and M. had issue between them one I. and the same I. afterward died without Heir-Male of his body and the body of the aforesaid M. begotten for Plea saith that the aforesaid W. as Cozen and Heir of the aforesaid M.
not barrable at all by any such fine or non-claim As if a Tenant in ancient demesne levy a fine with c. at the common Law of his Land in ancient demesne the Lord in ancient demesne may have his Writ of deceipt and thereby avoid the fine at any time and thereupon his Tenant shall be restored to the Land because the Lord claimeth not the Land whereof the fine is levyed but his ancient Seigniory and services issuing out of the same Plo. 370. b. It seemeth such fines do not bar such estrangers as have Rent Common way Estovers nor any such charge out of the Land for it seemeth that these fines extend only to bind the estate title right claim entry and interest in and to the Land and no profits to be taken out of the Lands nor to take any power given to executors or others to sell the Land Br. tit Fines 123. Pleas to avoid Fines IT is a good Plea to say That I. S. was seised tempore levac and before the fine levyed without that that the parties in the fine had any thing therein at the time of the fine levyed 9 H. 4. 27. 3 H. 6 27. Or to say that the parties to a fine had nothing c. but A. B. whose estate he hath And of this he putteth himself upon the Countrey 33 H. 6. 18. 26 H. 6. f. 9. 42 E. 3. 20. 4 H. 4. 8. 14 H. 4. 33. 4 H. 7. c. 24. If there be two R. D. of one name and the one levy a fine of the Land of the other the other may avoid the fine by pleading that there be two of one name and the other R. D. levyed the fine and not he And in lâ—ke manner if any stranger levy a fine in the name of another that is owner of the Land 34 H. 6. 19. Contr. ten 19 H. 6. 44. because it is a matter of record therefore he hath no other remedy in such case but an Action of deceipt Neither parties to fines not their Heirs may plead in avoydance thereof that before the levying and at the levying of the same and since the demandant or plaintiff or their Heirs were alwayes seised of the Lands contained in the fine or parcell thereof St. de finibus 27 E. 1. ca. 1. 12 E. 4. 15. and 19. yet by Fairfax if tenant in tail the remainder in Fee levy a fine sur cogcognizance de droit come ceo c. he in the remainder may aver the continuance of possession notwithstanding the fine and Statute because he is neither the party nor his Heir and so may a feme covert where her husband sole levyeth the fine 12 E. 4. 12. The issue in tail may aver continuance of possession against a fine sur cognizance de droit tantum or surrender but not against a fine sur cognizance de droit come ceo que il ad de son done because that fine is executed and the other executory 12 E. 4. 15. and 19. 11 H. 4. 85. Of a Writ of Error A Writ of error to reverse a fine lyeth where there is error in any fine and thereby not the record of the fine it self shall be removed but the transcript thereof upon which transcript of the note of the fine the plaintiff may assign his errors And if the Justices think that the point assigned for error is error they may send for the note of the fine and reverse the same F. N. B. f. 20. f. As if a Baron and Feme levy a fine to an estranger the feme being within age they may have a Writ of error to reverse the fine for this cause during her non-age F. N. B. 21 d. 27. ass pl. 17. 50. E. 3. 4. And when a fine is to be reversed by error the course is for the plaintiff in the Writ to have severall Writs of error one directed to the chief Justice of the Court of Common Pleas to certifie the Record and Process of the fine another unto the Custos brevium of the same Court to certifie the transcript of the foot of the fine and the third unto the Chirographer to certîfie the transcript of the record and process of the fine the severall forms whereof he as followeth A Writ of Error directed unto the chief Justice of the Court of Common Pleas. OLiver c. To his beloved and faithfull E. A. Knight greeting Because in the Record and Process and also in the levying of a certain fine in our Court before you and your Associates our Justices of the Bench at Westm in eight dayes of Saint Michael last past by our Writ of Covenant between I. G. the Elder Esquire M. his wife and I. G. the younger Gent. plaintiffs and G. H. deforcient of the Manor of G. with the appurtenances and of one Messuage 15. Cottages 15. Tofts 4. Barns 15. Gardens 2. Orchards 200. Acres of Land 80. Acres of Medow 100. Acres of Pasture 6. Acres of Wood 300. Acres of Moor and Common of pasture for all manner of Beasts with the appurtenances in G. in the County of York levyed manifest error hath intervened unto the great damage of him the said G. as by his plaint we have received we willing in this behalf that the error if any shall be may in a due manner be corrected and to the same G. full and speedy Justice be done we command you that the Record and Process of the fine aforesaid with all things concerning the same which in your custody are as it is said to us under your Seal distinctly and openly ye send and this Writ So that we may have them in eight dayes of Saint Hillary wheresoever then we shall be in England that looking into the Record and Process of the fine aforesaid we may thereupon cause further to be done for amending that error that which of right and according to the Law and custome of our Common-wealth of England ought to be done c. A Writ of error unto the Custos brevium of the Court of Common Pleas. OLiver c. To his beloved T. S. Esquire Keeper of his Writs of the Bench greeting Because in the Record and Process and also in the levying of a certain fine in our Court of the Bench at Westm in eight dayes of Saint Michael last past before E. A. Knight and his Associates our Justices of the Bench aforesaid by our Writ of Covenant between c. of c. we command you that the transcript of the foot of the fine aforesaid with all things concerning those which in your custody are as it is said to us under your Seal c. that looking into the transcript of the foot of the fine aforesaid c. A writ of error unto the Chirographer of Fines OLiver c. To his beloved T. C. Esquire his Chirographer in the Bench greeting Because in the Record and Process and also in the levying of a certain fine in our Court of the Bench at W. in eight
dayes of Saint Michael last past before E. A. Knight and his Associates our Justices of the Bench aforesaid by our Writ of Covenant between c. of c. we command you the transcript of the Record and Process of the fine aforesaid with all things concerning those which in your custody are as it is said to us under your Seal distinctly and openly ye send and this Writ c. that looking into the transcript of the Record and Process of the fine aforesaid we may c. And note that a Writ of Error is not maintainable by an Infant to reverse a fine for his Infancy but during his Infancy 50 E. 3. 4. 17 E. 3. 52. 78. 27. lib. Ass 53. For what Errors Fines and Proclamations be not reversable NO Fines or Proclamations upon fines or common recoveries shall be reversable by Writ of Error for false or incongrunous latin razure interlining misentring of any warrant of Atturney or of any Proclamation misreturning or not returning of the Sheriff or other want of form of words and not of matter of substance 23 Eliz. ca. 3. Of error in the Proclamation of a fine IF error be in the Proclamation of a fine they shall be reversed by Plea without Writ of error but that fine nevertheless remaineth of good force still for they are severall matters of Record yet if error be in the fine the Proclamations are void because the fine is the first Record whereupon the Ploclamations depend and sublato subjecto tollitur accidens Plo. 266. a. Dyer fol. 216. pa. 54. 4 Eliz. Of a Certiorari IF a man have recovered and before he have execution the Records thereof be removed into the receipt or treasury the plaintiff may have a Certiorari out of the Chancery to the Chamberlain and Treasurer to remove the tenor of the Record and Process thence into the Chancery And when it is there it may be sent thence by Mittimus into the Court whence it came as the uper Bench if it came thence or into the Common-place if it came thence and there may execution be sued 37 H. 6. 16. A Certiorari with a Mittimus to renew a fine bearing date before the fine come into the Chancery is good enough 1 R. 3. 4. In a Writ of error to reverse a fine the Record it self shall not be removed but the transcript thereof because a Record which commeth into the upper Bench shall not be remanded And if the Judgement be affirmed there is no Chirographer to ingross the fine 40 Ass 19. 29. Ass 43. Yet 5. Mary it is holden that in a Writ of error upon a fine the Record it self shall be certified so that no more Proclamations shall be made thereupon for if it be reversed that endeth all and if the fine be affirmed the Record shall be sent into the Common-place by Mittimus to be Proclaimed and ingrossed for if the transcript only should be removed they might nevertheless proceed in the Common place B. tit Rec. 79. Ideo quaere A Certiorari of the transcript of the foot of a Fine OLiver c. To the Treasurer and Chancellors greeting because for some certain causes we will to be certified or willing for certain causes to be certified or for some certain causes to be certified upon the tenor of the foot of a certain fine levyed in our Court before our Justices long ago or last itinerate at N. in Com. tali by our Writ or in the Court of the Soveraign Lord Ch. late King of England c. in the year c. before I. and his Associates then Justices c. of the Bench by his Writ between A. Demandant and B. Tenant of one Messuage with the appurtenances in N. we command you that you search in the Feet of the fines of the same * Iter signifies a journey or voyage c. circuit at the time aforesaid levyed or of the fines before the aforesaid Justices in the year aforesaid levyed which are in our Treasury under your custody as they say the transcript of the foot of the fine aforesaid to us into our Chancery under the Seal of our Exchequer distinctly and openly without delay you send And this Writ Teste c. Otherwise of the tenor of the note of a Fine OLiver c. To his beloved Clerk W. greeting We willing c. upon the tenor of the note of a certain fine levied c. Anno c. between A demandant and C. Tenant c. we command you that you search in the notes of the fines remaining in your custody a transcript of the note aforesaid to us in our Chancery under your Seal distinctly and openly without delay you send and this Writ T. c. Otherwise before Justices now of the Bench. A Fine levyed in our Court in the year c. before W. and his Associates then our Justices of the Bench by our Writ between c. A Mittimus of the Transcript of a Fine out of the Chancery into the Common place OLiver c. hath sent to the Justices here his Writ close in these words Oliver c. To his Justices of the Bench greeting the transcript of the foot of a certain fine levyed in the Court c. before R. H. and his Associates then Justices c. of the Bench at Westm by his Writ between G. P. and I. his wife plaintiffs and S. P. desorcient of the Manor of C. with the appurtenances to us in our Chancery of our mandate sent to you we send in these presents intercluded commanding that by the inspection aforesaid for the further prosecution of I. L. and M. his wife being one and T. U. and T. his wife being another and also of H. B. third Cozen and Heir of the aforesaid G. and I. of their bodies be gotten you cause to be done that which of right and according to the Law and custome of our Common-wealth of England ought to be done witness my self at Westminster the eighth day of I. in the year c. The transcript of the foot of the fine whereof mention is made in the Writ aforesaid followeth in these words This is the finall Concord made in the Court of c. at Westm in eight dayes of Saint Michael in the year c. before R. H. W. B. P. M. W H. L. T. and H. S. Justices and other faithfull then there present between G. P. and I. his wife plaintiffs by W. F. put in the steed of them to Atturney in the fine gain or lose and S. P. deforcient of the Manor of C. with the appurtenances whereof Plea of Covenant was summoned between them in the same Court to wit that the aforesaid G. hath recognized the aforesaid Manor with the appurtenances to be the right of him the said S. as that which the same S. hath of the gift of the aforesaid G. And for this Recognizance fine and Concord the same S. hath granted to the aforesaid G. and I.
now in of a new estate Fitz. Nat. fo 135. a. So if A. disseise B. and enfeoffe C. with warranty who infeoffeth D. with warranty upon whom an estranger entreth in whose possession B. the disseisor releaseth his right now all former warranties are extinct And albeit D. is impleaded yet shall he not have warrantia Chartae because he is in of another estate by wrong Fitz. Nat. 135. g. 11 H. 6. 41. 22 H. 6. 22. Release by Jointenant If there be three joynt tenants and the one release to the rest they may deraign the former warranty by vowcher or warrantia Charitae for they be in a 3. part by the release 40 E. 3. 41. Villenage Warrantia Chartae lyeth against a villain 48 E. 3. 17. The Writ of Warrantia Chartae must be sued hanging the principall Plea and before Judgement as of Assise or Entry in the nature of assise 48 E. 3. 2â— Registr orig fo 158. a. for then if the warranter do die yet the Writ shall not abate but his Heir shall be resummoned to answer upon the same yet may a warrantia Chartae be sued before he be impleaded quia timet implacitari and the plaintiff shall recover in value pro loco tempore of such Lands as the defendant had at the purchasing of the Writ Fitz. Na. f. 134. E. 12 H. 4. 12. 21 H. 6. 41. 22 H. 6. 22. 24 E 3. 35. But he must not have execution but if afterwards he be put out by Judgement he shal have his warranty upon his first recovery 21 H. 6. 41. 21 H. 6. 22. 12 H. 4. 12. Non tenure In warrantia Charitae it is a good Plea for the defendant that hanging the Plea the demandant in the principall Plea hath entred upon the plaintiff being then tenant of the Land or that the plaintiff in this action had nothing in the Land the day of the first Writ purchased nor at any time after 21 H. 6. 49. 3 E. 3. 4. 5 E. 3. 5. County Warr. Chartae may be brought in any County if the deed bear not date in a place certain 31 E. 3. Tenant in Common Tenants in Common may joyn in Warrantia Chartae 28 E. 3. 90. Count by Baron Feme upon a fine with warranty I. H. Son and Heir of Isabel which was the wife of R. was summoned to answer I. T. and I. his wife of a Plea that they warrant to them one Messuage with the appurtenances in S. which of him he holdeth and of him claymeth to hold and whereof the Charter of Isabel Mother of the aforesaid I. H. whose Heir he is he hath c. and whereof c. he saith that a certain fine he levyed in the Court of the Lord Protector now in 8. dayes of Saint Hillary in the year c. before T. B. and his Associates then Justices of c. of the Bench between them the said I. T. and I. plaintiffs and R. of B. and the aforesaid Isabell then his wife deforcients of the Messuage aforesaid with the appurtenances among other Lands and tenements by Inter alia per nomen the name of c. with the appurtenances in S. in the County aforesaid by which fine the aforesaid R. and I. have granted for themselves and the Heirs of him the said I. that 4. Acres of land A fine of the reversion with the appurtenances of the aforesaid tenement which G. and M. his wife held for term of the life of her the said M. of the inheritance of the aforesaid Isabel in S. aforesaid the day that this Concord was made and which after the decease of her the said M. unto the aforesa R. and I. and the Heirs of her the said Isabell ought to have reverted after the decease of her the said M. wholly should remain to the afore-I and I. and his Heirs aforesaid to hold together with the aforesaid tenement which to them by that fine remained of the aforesaid R. and Isab and the Heirs of her the said I. by the aforesaid services as aforesaid for ever And Tail the same R. and Isab likewise have granted for themselves and the Heirs of her the said I. that they would warrant to the aforesaid I. and I. and their Heirs the aforesaid tenements with the appurtenances as aforesaid against all men for ever And if it should happen that the same I. and I. should die without Heirs of their bodies issuing then after the decase of them the said I. and I. the aforesaid tenements with the appurtenances as aforesaid should wholly revert unto the aforesaid R. and I. and the Heirs of her the said I. quite from other Heirs of the aforesaid I. and I. to hold of the chief Lords of that Fee by the services which unto the aforesaid tenement do belong for ever and the aforesaid R. and I. afterwards died whereby unto them the said I. T. and I. belonged to have of the aforesaid I. H. as son and heir of him the said I. his warranty aforesaid And one I. R. arraigned a certain assise of novell disseisin before T. W. and I. Justices of the Lord Protector now at the Assizes in the County aforesaid assigned to be taken against them the said I. T. and I. of the aforesaid tenementse and the same I. T. I. have often required him the said I. H. as son and Heir of her the said Isab to warrant to the same I. T. and I. the aforesaid tenements and the same I. H. those tenements so to warrant hath denyed and as yet doth deny whereupon they say that they are the worse and have damage unto the value of 100 l. And thereupon they bring sute c. A Count upon a deed with warranty I. T. was summoned to answer H. W. of a Plea that he render to him one Messuage c. with the appurtenances in B. which of him he holdeth and of him doth claim to hold and whereof he hath his Charter and whereupon c. he saith that whereas the aforesaid I. was seised of the tenements aforesaid with the appurtenances in his demeasne as of Fee and so thereof being seised by his certain Charter which the same H. here in the Court bringeth forth the date whereof at B. tali die Anno. c. did give grant and confirm to the same H. the Tenements aforesaid with the appurtenances Inter alia per nomen amongst other Lands c. by the name as in the Deed c. to have to the same H. His Heirs and assignes for ever and did bind himself and his Heirs to warrant to the same H. his Heirs and Assignes the tenements aforesaid with the appurtenances against all men for ever And the same H. by virtue of that gift oâ— the tenements aforesaid was seised in his demeasne as of Fee and one T. arraigned against him the said H. an assise of novel disseisin of the aforesaid Messuage and Lands with
the appurtenances before I. M. and I. c. Justices of the Lord Protector assigned to take the Assizes in the County aforesaid whereby the same H. that Assizes depending often did require the aforesaid I. that he the aforesaid Messuage c. with the appurtenances to the same H. would warrant and the same I. that Messuage c. to the same H. hitherto to warrant hath denyed and yet doth deny whereupon he saith c. and thereupon produceth his sute c. Confession And the aforesaid I. T. in his proper person commeth and defendeth the aforesaid wrong c. and saith that he cannot deny but that the Charter aforesaid is the deed of him the said I. nor but that he gave by that Charter to the aforesaid H. the tenements aforesaid with the appurtenances nor but that he was held to warrant those tenements to the same H. in form as the same H. above against him hath declared Therfore Judgement it is considered that the aforesaid I. should warrant to the aforesaid H. the Messuage aforesaid and Lands with the appurtenances for place and time c. therefore the same I. is in mercy c. E. W. Gentleman was summoned to answer I. B. Gent. and E. B. his Son of a Plea that he warrant to them six Messuages three Gardens c. three Orchards with the appurtenances in the City of B. which they hold of him and of him claim to hold and whereof they have his Charter c. And whereupon the same I. and E. by H. C. their Atturney say that whereas the aforesaid F. was lately seised of the tenements aforesaid with the appurtenances in his demeasne as of Fee And so thereof being seised a certain fine he levied in the Court of the Lord Protector now here to wit at Westminster in eight dayes of Saint Michael in the year c. before I. D. H. B. A. B. and R. W. Justices c. And afterwards from the day of Easter in fifteen dayes in the year c. there granted and recorded before the same Justices and other of the said Lord Protectors faithfull then there present between the aforesaid I. and E. plaintiffs and the aforesaid F. deforcient of the tenements aforesaid with the appurtenances whereof Plea of Covenant was summoned between them in the same Court to wit that the aforesaid F. did recognize the tenements aforesaid with the appurtenances to be the right of him the said E. as those which the same E. and I. then had of the gift of the aforesaid F. and those he did remise and quite claim from himself and his Heirs to the aforesaid I. and E. and the Heirs of him the said E. for ever And furthermore the same F. granted for himself and his Heirs that he would warrant to the aforesaid I. and E. and the Heirs of him the said E. the aforesaid tenements with the appurtenances against all men for ever which said Fine in form aforesaid levyed was had and levyed to the use and behoof of the same I. and E. and the Heirs of the same E. for ever under pretext whereof the same I. and E. were seised of the same Tenements with the appurtenances scarsly the same E. in his demesne as of Fee and the aforesaid I. in his demesne as of freehold And so thereof being seised one H. O. before the Mayor and Sheriff of the Town aforesaid on Wednesday to wit the 28. day of April in the year c. at Guild-hall of the Citty aforesaid arraigned a certain assise of fresh force according to the custome of that City in the nature of an Assise of novell disseisin at the Common Law against the same I. B. and E. of the Tenements aforesaid with the appurtenances whereby the same I. and E. hanging that Assise often required the aforesaid F. that he the Tenements aforesaid with the appurtenances to the same I. B. and E. and the Heirs of the same E. for ever would warrant And the same F. those Tenements with the appurtenances to the same I. and E. hitherto in form aforesaid to warrant hath denyed whereupon they say that they are the worse and have damage to the value of two hundred pounds and thereupon they produce their sute c. And the aforesaid F. in his proper person commeth and defendeth the force and injury when c. and saith that he cannot deny the action aforesaid of I. and E. aforesaid nor but that the Fine aforesaid in form aforesaid was levyed nor but that he by that fine was held to warrant the Tenements aforesaid with the appurtenances to the aforesaid I. and E. and the Heirs of her the said E. for ever in form as the same I. and E. above against him have declared Therefore it is considered that the aforesaid F. do warrant to the aforesaid I. and E. and the Heirs of her the said E. for ever the Tenements aforesaid with the appurtenances for place and time c. And nothing of mercy to the aforesaid F. because he came the first day by his c. W. C. Esquire was summoned to answer E. B. Gent of a Plea that he warrant to him 54. Acres of Land 40. Acres of pasture and 6. Acres of wood with the appurtenances in E. which he holdeth and of him claimeth to hold and whereof he hath his Charter c. And whereupon the same F. in his proper person saith that whereas he was seised of the aforesaid Tenements with the appurtenances in his demesne as of Fee and so thereof being seised the aforesaid W. by the name of W. C. of I. in the County of N. otherwise called W. C. of W. in the County of Suffolk Esquire the tenth day of I in the year c. by his certain writing which the same E. with the Seal of the aforesaid W. Signed here in Court bringeth forth the date whereof is the same day and year reciting by the same writing that whereas the same W. C. by the name of W. C of I. in the County of N. otherwise called W. C. of W. in the County of S. Esquire together with his Brother C. C. of Lincolnes Inne in the County of Middlesex Gent. by a certain Indenture between the aforesaid W. and C. of the one part and E. B. of Lincolnes Inne aforesaid Gent. of the other party bearing date the tenth day of F. in the year c. bargained and sold to the aforesaid E. all his estate and interest of and in those parcels of Land containing by estimation seven Acres whether it be more or lesse there accounted lying and being in the Parish of E. in the County of R. now or late in the tenure or occupation of one W. S. or his assignes of which said parcels one parcell called little S. otherwise called Q and containing by estimation six Acres whether it be esteemed more or less to have and to hold all the aforesaid Lands and all other the premises with all and
singular their appurtenances to the aforesaid E. B. his Heirs and Assignes to the sole and proper use and behoof of him the said E. B. his Heirs and Assignes for ever as by the aforesaid Indenture more fully appeareth and whereas also the same W. afterward by the name of W. C. of I. in the County of N. Esquire otherwise called W. C. of W. in the County of S. Esquire together with his aforesaid Brother C. C. of Lincolnes Inne in the County of M. Gent. by a certain Indenture between the aforesaid W. C. of the one part and the aforesaid E. B. of Lincolnes Inne in the County of M. Gent. of the other part made bearing date the 19. day of October in the year c. also bargained and sold to the aforesaid E. all the Lands Woods and Woodlands and other hereditaments under-written by whatsoever name or whatsoever names they are called reputed or known viz. all those Lands called S. otherwise called Q. otherwise called great Q. and the Brome otherwise S. and the Brome and all other Lands and hereditaments whatsoever containing by estimation 15. Acres whether it be there accounted more or less by whatsoever name or whasoever names the same he called reputed or known now or lately in the tenure or occupation of the same T. B. by the demise of one I. C. of I. aforesaid Esquire then lately dead which said parcels do lie and are in E. in the County of R. And all those Lands now or lately in the tenure or occupation of one P. W. of E. in the aforesaid County of R. lying and being in E. aforesaid by reason of a demise to the same P. made by the aforesaid I. C. containing by estimation five Acres whether it be accounted more or less and also all those Lands now or lately in the tenure or occupation of one I. I. by the demise of the aforesaid I. C. to the same I. I. made containing by estimation 48. Acres whether it be esteemed more or less lying and being in divers severall parcels in E. aforesaid whereof some parcels are called or known by the name of P. otherwise called B. some other parcels thereof are called or known by the name of R. one other parcell thereof is called or known by the name of S. Dame And also all those Woods and Woodlands below specified viz. E. W. containing by estimation two Acres whether more or less it be there esteemed the woodland lying at knowel gate in E. aforesaid containing by estimation one Acre and three rods whether it be more or less there esteemed all which are lying and being in E aforesaid to have and to hold all the aforesaid Lands Woods and Woodlands and all other the premises with all and singular their appurtenances to the aforesaid E. B. his Heirs and Assignes to the sole and proper use and behoof of him the said E. B. his Heirs and Assignes for ever And whereas also the same W. together with the aforesaid C. his Brother afterwards to wit in the Court of c. here at Westminster in eight dayes of Saint Michael in the year c. in part of fulfilling of the grants and covenant in the aforesaid Indenture specified recognized all the aforesaid Lands Woods and hereditaments with their appurtenances by the name or names of 54. Acres of Land 40. Acres of pasture and 6. Acres of Wood with the appurtenances in E. aforesaid to be the right of the aforesaid E. B. as those which the same E. B. then had of the gift of the aforesaid W. and the aforesaid C. his Brother and those then he remised and quite claimed from himself and his Heirs to the aforesaid E. and his Heirs for ever and the aforesaid W. by the same writing here in Court brought forth then approved ratified and confirmed to the same E. B. in his full and peaceable possession and seisin of the premises being all his right title estate and Interest of and in the premises all which Lands aforesaid pasture woods woodlands and all and singular other the premises with all and singular their appurtenances to the aforesaid E his Heirs and Assignes to the sole and proper use and behoof of him the said E. his Heirs and assignes for ever And hereupon the aforesaid W. C. by that writing did oblige himself and his Heirs to warrant to the same E. his Heirs and assignes for ever all the aforesaid lands woods and woodlands all other the premâ—ses with their appurtenances against all men for ever as by the aforesaid writing here in Court produced more fully it appeareth And the same E. saith that the aforesaid tenements in the Writ aforesaid specified are the same tenements mentioned in the aforesaid writing here in Court produced and no other nor divided and that one H. R. of the tenements aforesaid with the appurtenances in form aforesaid being seised prosecuted against him the said E. B. a certain Writ of the Lord Protector of entry upon disseisin in le quibus of the tenements aforesaid with the appurtenances whereby the same F. hanging that Writ hath often hitherto required the aforesa W. C. that he the tenements with the appurtenances to the same E. would warrant and the same W. the aforesaid tenements with the appurtenances to the same E. hitherto to warrant hath denyed and as yet doth deny whereupon he saith that he is the worse and hath damage to the value of 300 l and thereupon he produceth sute c. And the aforesaid W. C. by T. B. his Atturney commeth and desendeth the force and injury when c. and saith that he cannot deny the action aforesaid of E. aforesaid nor but that the aforesaid writing here in Court produced is the deed of him the said W. C. nor but that he by the same writing hath confirmed to the aforesaid E. the tenements aforesaid with the appurtenances nor but that he the aforesaid W. by that writing is held to warrant the tenements aforesaid with the appurtenances to the same E. in form as the same E. above against him hath declared Therefore it is considered that the aforesaid W. C. do warrant to the aforesaid E. the tenements aforesaid with the apputenances for place and time c. And nothing of mercy of him the said W. because he came the first day by summoners c. Hil. 13. Ro. c. let the like entry be made against C. C. mutatis mutandis F. W. Gent was summoned to answer W. R. of a Plea that he warrant to him eight Messuages of 6. Gardens 3. Orchards 4. Acres of Land 6. Acres of Meadow and 2. Acres of Pasture with the appurtenances in B. and B. which he holdeth and of him claimeth to hold and whereof he hath his Land c. And whereupon the same W. by W. C. his Atturney saith that the aforesaid E. was lately seised of the tenements aforesaid with the appurtenances in his demesne as of Fee and so thereof being seised the same F.
peace in the time of the Protector by taking thereof expletion to the value c. that such is his right he offers c. The defendant And the aforesaid T. and I. by W. B. their Atturney came and do defend the right of the aforesaid Earl and their seisin and chiefly of the Manor Messuage c. to him do warrant c. And hereupon the aforesaid Earl demandeth The demandant against him the said W. P. the Manor Messuage c. with the appurtenances in form aforesaid c. And whereupon he saith that he himself was seised of the aforesa Manor Messuage c. with their appurtenances in his demeasne as of Fee and right In the time of peace in the time of the Lord Protector now by taking thereof expletion to the value c. And that such is his right he offers c. And the aforesaid W. P. tenant by his warranty The defence defendeth the right of the aforesaid Earl and his seisin and chiefly of the Manor Messuage Lands c. with the appurtenances and all c. And he puts himself thereof on the Issue to be tryed by the grand Assize Grand Assize of the Lord Protector and demandeth a recognizance to be made whether he hath more right to hold the Manor Messuage Lands c. with the appurtenances as tenant by his warranty as he holdeth them or the aforesaid Earl to have the Manor Messuage Lands c. with the appurtenances as he above demandeth them c. And the aforesaid Earl Imprlance prayeth license of imparling c. And he had it c. Default Judgement And afterwards the same Earl by his Atturney aforesaid came again here in Court and the aforesaid W. P. although was solemnly called came not again but in contempt of the Court made default Therefore it is considered that the aforesaid Earl do recover his seisin against the aforesaid T. and I. of the aforesaid Manor Messuage c. with the appurtenances to hold to the same Earl and his Heirs quite of the aforesaid T. and I. and his Heirs for ever And the aforesaid T. and I. may have of the Lands of the aforesaid W. P. to the value of the Manor Messuage Lands c. aforesaid with the appurtenances And the aforesaid W. P. in mercy c. The warrant of Atturney thereof followeth in these words HEref ss John Earl of Shrewsbury puts in his place I. S. against T. B. the Elder and I. his wife of a Plea of Land Heref. ss T. B. the Elder and I. his wife puts in their place W. B. against John Earl of Shrewsbury of a Plea of Land All and singular which things at the request of the aforesaid Earl we have caused to be exemplified and our great Seal which we use for such exemplifications and also for all manner of Judiciall Writs out of the Bench aforesaid issuing forth to be sealed we have caused to be put to these presents Witness O. Saint John at Westm the 28. day of May in the year c. A remission to the Court in a Writ of right TO the Lord Protector c. for that A. in our Court before your Justices of the Bench by your Writ of right D. E. of one Messuage with the appurtenances in S. which of me is holden by my license mediating doth purpose to implead to your Highness by the tenor of these presents I signifie that I have remitted my Court to you thereof in this behalf Saving to me otherwise the right of the Lord in the like case when it shall happen In testimony of which thing these my Letters Patent I have caused to be made Sealed with my Seal dated the third day of May in the year c. The Exemplification of a Recovery inrolled OLiver L. Protector of the Commonwealth of Eng. Ireland Scotl. and the dominions thereunto belonging c. To all to whom these our present Letters shal come greeting Know ye that among the inrolments of Writs and other things depending for common Recoveries according to the form of the Statute of the term of Easter at Westminster in the year c. in Roll the first it is thus contained The Doctor which took the affidavit for the value Essex ss Oliver c. to the Sheriff of Essex greeting Command I. W. I. S. that justly and without delay they render to Jo. St. and R. P. four Messuages 4. Gardens 200. Acres of Land 100. Acres of Meadow 300. Acres of pasture 40. Acres of Wood and 300. Acres of Lyng and Heath with the appurtenances in B. T. T. C. D. and H. which they claim to be their right and inheritance And into which the same I. W. I. S. have no entry but after the disseisin which H. H. therof unjustly without JudgemeÌ„t hath made to the afores I. S. T. within 30 years now last elapsed as they say And whereupon they complain that the aforesaid I. W. and I. S. them do deforce And unless they shall do it and the aforesaid I. S. and T. H. shall make you secure for prosecuting his plaint then summon by good summoners the aforesaid I. W. and I. S. that they be before our Justices at Westm from the day of Saint Michael in 15. dayes to shew wherfore they wiâ—l not do it And have you there the summoners and this Writ witness my self at Westminster the 24. day of Septtember Summoners The Sheriffs name in the year c. Gibon Pledges Pledges of prosecuting John Doo Richard Roo Summoners John Den Kich Fen. G. T. Esq Sheriff ss Oliver L. Protector c. to the Sheriff of Essex greeting sum by good summoners E. W. Esq his wife that they be before our Justices at West from the day of S. Hillary in 15. dayes to warrant to Joh. W. and I. S. four Messuages 4. Gardens 300. Acres of Land 100. Acres of Meadow 300. Acres of pasture 40. Acres of Wood and 300. Acres of Lyng and Heath with the appurtenances in B. T. T. C. D. and H. which John St. and Tho. P. in our Court before our Justices at Westm do claim as their right by our Writ of Entry upon disseisin in le post against them And whereupon the same Joh. W. and I. S. in our said Court have called the aforesaid Edm. and John summoners in your County to warrant against them And have you there the summoners and this Writ T. I. D. at Westm the 16. day of Octob. in the year c. * Lone Summoners John Den Rhichard Fen. * T. L. Esq Sheriff ss The prothonatorie in whose office it is entred Summoners The Sheriff The warrant of Atturney * Joh. St. and Tho. do put in their stead E. E. against John W. and I. S. of a Plea of Land ss Iohn W. and I. do put in their place I. A. against Iohn S. and Tho. P. of a Plea of Land ss Edm. W. Esq and Io.
Rent aforesaid with the appurtenances as by that writ to him it was commanded c. all and singular which things at the request of the aforesaid R. and R. by the tenour of these presents we have drawn to be exemplified In Testimony of which thing our Seal unto the writs in the Bench aforesaid appointed to be Sealed to these presents we have caused to be put Witnesse c. A Dedimus Potestatem to take knowledge of a warrant of Atturney of the Vouchee OL. Lord Protector to his beloved and faithfull Ra. Ro. Serjeant at law greeting whereas our writ of entry upon Disseisin in le post dependeth before the Justices of the Bench between W. S. and R. C. Gent. Demandants and G. T. Knight Lord T. Deforcient of the Mannor of W. with the appurtenances and of one Messuage 200 acres of Land 60 acres of Meadow 100 acres of Pasture 100 acres of wood 50 acres of Moor and 5 s. Rent with the appurtenances in W. and L. in the County of Salop and the aforesaid G. in our full Court there before our Justices aforesaid appearing called W. C. to warrant to him the Mannor aforesaid with the appurtenances whereuppon then and there issued forth our Summons ad warrantizandum to the Sheriffe of the County aforesaid directed against the same W. C. returnable before our Justices aforesaid in 15 daies of St. Hillary next to come And because the aforesaid W. C. is so impotent of himself and worn with age that unto VVestminster before our Justices aforesaid at the day in our said writ of Summons ad warrantizandum contained to travail is not sufficient as we have been informed We pittying the estate of the same W. in this behalf have given you power and full authority to receive the Attorney or Attorneys which the same W. C. shall constitute or put in his place before you to the warranty to be called to gain or lose in the Plea aforesaid before our Justices aforesaid and us thereof in our Chancery of the name of such Attorney or Attorneys to certifie And therefore we command you that unto the aforasaid W. C. if he be not well able to travail to you ye personally goe and his Attorney or Attorneys joyntly or severally in form aforesaid ye receive and when that Attorney or those Attorneys ye shall so receive us in our Chancery in 15 days of Saint Hillary wheresoever then we shall be under your Seal ye duly certifie sending back this writ to us T. c. It is returned thus The answer of the within named R. R. unto this writ The execution of this Writ appeareth in a certain Schedule to this Writ annexed R. R. Salop ss COmmand G. T. Knight Lord T. that justly c. he render to W. S. and R. the Mannor of W. with the appurtenances and one Messuage c. as above in the Dedimus potestatem verbatim with the appurtenances in W. L. which he claimeth c. Salop ss BEing called to Warranty doth put in his stead A. B. and F. R. joyntly and severally against W. S. and R. C. in a plea of land Taken and knowledged at Firbeek in the County of Salop the tenth day of February In the year of our Lord 16â—4 A Dedimus potestatem of receiving an Atturney in a writ of Entry super disseisinin le post for the Tenant THe P. to his beloved and faithfull H. W. Knight greeting Whereas by our Writ of Entry upon Disseisin in the post hanging before our Justices of our Common Bench between H. D. and T. H. of 20 acres of land 3 acres of Meadow and 12 acres of Pasture with the appurtenances in M. in the County of N. And because the same T. is so impotent and worn out with age that without very great danger of his body before our Justices aforesaid at the day in our said Writ contained he is not well able to travell as we have been informed We godlily pitying the state of the same T. in this behalf have given you full power and authority to receive the Attorney or Attorneys joyntly and severally which the same T. to gain or lose in the plea afotesaid before our Justices aforesaid in his stead before you he shall will to constitute or put and us thereof in our Chancery of the name of such Attorney or Attorneys duly to certifie And therefore we command you that unto the aforesaid T. if he be not well able travel unto you you personally goe and his Attorney or Attorneys joyntly and severally in form aforesaid ye receive And us in our Chancery of the name of such Atturney or Atturneys of him the said T. in the Morrow of Saint J. next to come wheresoever then we shall be under your seal duly ye certifie returning to us this Writ T. the 25 day of April in the year of c. It is returned thus The answer of the within named H. W. unto this Writ The execution of this Writ appeareth in a certain Schedule to this Writ annexed H. W. Nott. ss COmmand T. H. that justly c. he render to H. D. 20 acres of land c. as above in the Dedimus potestatem verbatim with the appurtenances in M. which he claimeth c. Not. ss T. H. Puts in his place A. B. and F. R. joyntly and severally against H. D. of a plea of land Taken and knowledged at Firbeeke in the County of Nott. the 10th day of February in the year of our Lord 1654 Another Writ of Dedimus potestatem to receive an Attorney for the Tenant upon the Writ of Entry THe PROTECTOR to his beloved and faithfull R. S. and W. B. greeting Whereas our Writ of entrie upon disseisin in le post dependeth before our Justices of the Bench between A. B. Knight Demandant and C. D. Esq Tenant of the 4th part of the Mannor of F. with the appurtenances and 800 acres of Land 20 acres of Meadow 220 acres of Pasture 300 acres of Wood and 40 l. rent with the appurtenances in F. aforesaid in the County of Essex And because the same C. is so impotent of himself and worn out with age that without very great danger of his body unto Westminster at the day in the said Writ contained personally to appear and to do and plead that which in the same then there should be expedient to be done he is not well able to travel as we have been informed We tendring the state of the same C. in this behalf have given to you and both of you joyntly and severally full power and authority to receive the Attorney of the aforesaid C. which the same C. personally before you or one of you against the aforesaid A. in the Writ aforesaid depending before our aforesaid Justices in his place shall will to put or constitute to call the Plaintiff to plead the warranty to gain or lose in that writ And therefore you and both of you joyntly and severally we command that