the Mannot of D. belonging Whereupon plea of Covenant was summoned between them in the said Court to wit that the aforesaid M. hath recognised the aforesaid Honour Castle Sheriffdom Isle Baronie Hundred Borough Knights-Fee Scite Mannor Park Prebend Tenement Rents Common of Pasture free Warren free Fishing liberty of Saltpeter Lead Bullen Pit Rectory Tithes Oblations Thanage Stallage Piccage Pontage Corrodie Water pit view of Frank pledge Liberties Franchises Custodies Office of Steward Balywicks Fairs Markets Passage Wreck of the Sea Moyety and third parts with the Appurtenances and Advowsons Presentations free Disposition right of Patronage Portions and Pensions aforesaid to be the right of him the said I. as those which the fame I. hath by the gift of the foresaid M. And those he hath remised and quite claimed from himself and his heirs to the aforesaid J. his heirs for ever And furthermore the same M. hath granted for himself and his heirs that he will warrant to the aforesaid I. and his heirs the aforesaid Honor Castle Sheriffdome Isle c. as above against himself and his heirs for ever and for this recognisance fine c. A Fine of a Rent Nott. ss COmmand J. Earl of H. and Dame K. his Wife Countesse of H. that justly and without delay they hold to W. C. Covenant c. of 40 pounds yearly rent issuing out of the Mannor of E. c. And unlesse c. And the Concord is such to wit that the aforesaid Earl and Countesse have recognised the rent aforesaid with the appurtenances to be the right of him the said W. as those which the said W. hath by the gift of the aforesaid Earl Countesse and those they have remised and quite claimed from themselves and their heirs to the aforesaid W. and his heirs for ever And furthermore the said Earl and Countesse have granted for themselves and the heirs of him the said Earl that they will warrant the rent with the appurtenances to the aforesaid W. and his heirs against all men for ever And for this c. A Fine of part of a rent by Husband and Wife Suff. ss COmmand R. and J. his Wife that they hold to H. C. Covenant c. of the third part of five pounds six shillings and eight pence rent with the appurtenances issuing out of the Mannors of K. And unlesse c. And the Concord is such to wit that the aforesaid R. and I. have recognised the third part aforesaid with the appurtenances to be the right of him the said H. as that which the same H. hath by the gift of the aforesaid R. and I. And that they have remised and quite-claimed from themselves and the heirs of him the said I. to the aforesaid H. and his heirs for ever And furthermore the same R. and I. have granted for themselves and the heirs of him the said I. that they will warrant to the aforesaid H. and his heirs the aforesaid third part with the appurtenances against all men for ever And for this c. A praecipe with an exception and saving some parcels COmmand c. Covenant c of the Rectory of T. with the appurtenances except the Advowson of the Vicaridge of the Church of T. And unlesse c. And the Concord c. That the aforesaid A. hath recognised the Rectory aforesaid with the appurtenances except before excepted to be the right c. And that he hath remised c. except before excepted And furthermore the same c. hath granted for himself c. that he will warrant to the aforesaid c. the Rectory aforesaid with the appurtenances except before excepted c. A Concord with a render for life to the Husband and the Wife being the Conusors of parcel of Mannors and Lands conteined in the Writ of Covenant the remainder to the first and second begotton Sons of the Conusors in tail and to the heirs Malâ—s and for default of such issue then to the Conusors in general tail and for default of such issue then to the right heirs of the Conusors for ever with grant and render of ten Messuages c. residue of the same Mannor c. to the said Conusors ANd the Concord is such to wit that the â—foresaid T. and F. have recognised the Mannors Tenements and Rents aforesaid with the appurtenances to be the right of him the said E. as those which the same E. and R. have by the gift of the aforesaid T. F. and those they have remised and quite claimed from them the said T. and F. and the heirs of him the said F. to the aforesaid E. and R. and the heirs of him the said E. for ever And moreover the same T. and F. have granted for themselves and the heirs of him the said F. that they will warrant the Mannor Tenements and Rents with the appurtenances to the aforesaid E. and R. and the heirs of him the said E. against them the said T. and F. and the heirs of him the said F. for ever And for this recognisance c. the same E. and R. have granted to the aforesaid T. and F. the Mannor of S. aforesaid with the appurtenances and 10 Messuages 8. Cottages 20 acres of Land 20 acres of Meadow 160 acres of Pasture 300 acres of Moor six shillings rent with the appurtenances in A. and F. aforesaid parcels of the Mannor Tenements and rent aforesaid And those to them they have rendred in the same Court. To have and to hold to the aforesaid T. and F. for the term of the lives of them the said T. and F. and the life of the longer liver of either of them without impeachment of any manner of wast And that after the decease of the aforesaid T. and F. and the longer liver of either of them the aforesaid parcels of the Mannor Tenements and Rent aforesaid with the appurtenances shall remain to the first begotten Son of the bodies of the aforesaid T. and F. between them lawfully begotten and to the heirs males of the body of the aforesaid first begotten Son lawfully begotten To hold c. and if no heir of the body of the said first begotten son shall be lawfully begotten the aforesaid parcels of the Mannor Tenements and Rent aforesaid with the appurtenances shall remain to the second begotten Son of the body of the aforesaid T. and F. between them lawfully begotten and the heirs males of the body of the said second begotten Son lawfully begotten to hold c. And if no heir of the body of the said second begotten Son shall be begotten then the aforesaid parcels of the Mannor Tenements and rent aforesaid with the appurtenances to remain to the heirs of the bodies of the said T. and F. between them lawfully begotten to hold c. And if no heir of the bodies of the said T. and F. between them shall be lawfully begotten then the aforesaid parcels of the Mannor Tenements and Rent aforesaid with the appurtenances
rent with the appurtenances in C. N. and B. And unlesse c. And the Concord is such to wit that the aforesaid T. C. W. R. T. P. and L. have recognised the Mannors Tenements and rents aforesaid with the appurtenances to be the right of him the said I. And those they have remised and quit claimed from themselves and their heirs to the aforesaid J. and the heirs of him the said J. for ever And for this c. the same I. and E. have granted to the aforesaid T. C. W. R. T. P. and L. the aforesaid Mannors Tenements and Rent with the appurtenances and those to them they rendred in the same Court. To have to hold to the same T. C. W. R. T. P. and L. all the life time of her the said E. And the aforesaid I. and his heirs will warrant to the aforesaid T. C. VV. R. T. P. and L. the aforesaid Mannors Tenements and Rent with the appurtenances as it is said against all men during the life of her the aforesaid E. c. A Concord of divers Tenements Rents of a Rectory and Advowson c. THis is the final Concord made in the Court of the Lord Protector at W. from the day of Easter in 15 days in the year c. before E. A. T. M. F. W. W. P. Justices and other faithfull men then there present between I. B. Gent. and R. Gent. Plaintiffs and R. C. the elder Gent. and R. C. of Grays Inn in the County of Middlesex Gent. Deforcients of 100 Messuages 100 Cottages 2000 acres of Land 1000 acres of Meadow 2000 acres of Pasture 100 acres of Wood 1000 acres of Furrs and Heath and 100 shillings rent with the appurtenances in c also of the Rectory of K. with the appurtenances and of the Advowson of the Church of K. whereof Plea of Covenant was summoned between them in the same Court to wit that the aforesaid R. and R. have recognised the aforesaid Tenements Rent and Rectory with the appurtenances and the Advowson aforesaid to be the right of him the said J. as those which the same J. and R. have by the gift of the aforesaid R and R. And those they have remised and quit claimed from them the said R. and R. and their heirs to the aforesaid I. and R. and the heirs of him the said J. for ever And furthermore the said R. and R. have granted for themselves and the heirs of him the said R. C. the elder that they will warrant to the aforesaid J. and R. and the heirs of him the said J. The aforesaid Tenements Rent and Rectory with the appurtenances and the Advowson aforesaid against the aforesaid R. and R. and the heirs of him the said R. C. the elder for ever And for this Recognisance remise quite claim Warranty Fine and Concord the said J. and R. have given to the aforesaid R. and R. two thousand pounds sterling A Fine of the fourth part of two Messuages the one by a Coparcenor of his part c. to two strangers THis is the finall Concord made in the Court c. between G. I. and W. W. Plantiffs and I. C. and I. his wife Deforcients of the fourth part of 2 Messuages 4 Tofts 2 Gardens 2 Orchards 200 hundred acres of Land 20 acres of Meadow 40 acres of Pasture 12 acres of Wood and 100 acres of Moor with the appurtenances in G. and L. in four parts divided whereof plea of Covenant was summoned between them in the same Court to wit that the aforesaid T. and I. have regcognised the aforesaid fourth part with the appurtenances to be the right of him the said G. as that which the said G. and W. have by the gift of the aforesaid I. and I. And that they have remised and quit claimed from them the said I. and I. and the Heirs of the said I. to the aforesaid G. and W. and the Heirs of him the said G. for ever And furthermore the said Jo. and Ja. have granted for themselves and the heirs of her the said Ja. that they will warrant to the aforesaid G. and W. and the Heirs of him the said G. the aforesaid fourth part with the appurtenances And that to them they have rendred in the same Court. To have and to hold to the same I. and I. of the chief Lords of that Fee by the services which unto the aforesaid fourth part do belong during the lives of them the said I. and I. the life of the longer liver of either of them without impeachment of any wast And after the decease of them the said I. and I. the aforesaid fourth part with the appurtenances shall wholly remain to B. C. Son of the aforesaid I. and I. and the heirs of the body of the said B. lawfully begotten To hold of the chief Lords of that Fee c. for ever And if it happen that the said B. shall die without heir of his body lawfully begotten then after the decease of him the said B. the aforesaid fourth part with the appurtenances shall wholly remain to P. C. another Son of the said I. I. the heirs of his body c. to hold of the chief c. for ever And if it happen that the said P. shall die c. then after the decease of him the said P. the aforesaid fourth part shall wholly remain to R. C. another Son of the aforesaid I. and I. and the heirs of his body c. To hold of the chief c. for ever And if it happen that the said R. shall die c. then after the decease of the said R. the aforesaid 4th part with the appurtenances shall wholly remain to the right heirs of the aforesaid J. To hold of the chief Lords of that Fee by the services which unto the aforesaid fourth part do belong for ever A Fine of lands part in possession and part in reversion of a third part for term of the life of the Tennant in Dower and for Term of the life of another Tenant for Term of life York ss COmmand J. W. and A. his Wife that justly c. they hold to I. L. and E. E. Covenant of one Messuage c. also of the third part in three parts to be divided of 4 Messuages with the appurtenances c. And the Concord is such to wit that the aforesaid I and A. have recognised the Tenements aforesaid and the third part aforesaid with the appurtenances to be the right of him the said J. of which the said J. E. and E. E. have one Messuage with the appurtenances in the aforesaid Towns of T. and B parcel of the Tenements aforesaid and the aforesaid third part of four Messuages c. with the appurtenances in T. and B. parcel of the Tenements aforesaid by the gift of the aforesaid I. and A. And that they have remised and quit claimed from them the said I. and A. and their heirs to the aforesaid J. E. and E. E.
and the heirs of him the said J. for ever And have granted for themselves and the heirs of him the said A. that twenty acres of land six acres of Meadow c. with the appurtenances in the aforesaid Town of B. parcel of the Tenements and the third part aforesaid which J. A. and F. his Wife hold for term of the life of her the said F. of the heirs of the aforesaid A. the day that this Concord was made And which after the decease of him the said E. unto the aforesaid I. A. and his heirs ought to revert after the decease of him the said A. wholly shall remain to the aforesaid J. E. and E. E. and the heirs of him the said J. for ever Also the said J. W. and A. have granted for themselves and the heirs of the said A. that one Messuage with the appurtenances in the aforesaid Town of B. residue of the Tenements aforesaid which J. A. holdeth for Term of his life of the heirs of the aforesaid A. the day that this Concord was made after the decease of him the said A. shall wholly remain to the aforesaid J. E. and E. and the heirs of him the said E. for ever A Grant and Render of a Reversion of a Moiety York ss COmmand N. G. and E. his Wife W. G. and B. his Wife that they hold to F. A. Covenant of the moiety of the Mannor of H. with the appurtenances c. And the Concord is such to wit that whereas E. A. Widdow late Wife of W. A. deceased hath and holdeth the aforesaid moiety of the Mannor of H. with the appurtenances And the aforesaid moiety of the Tenements and fishing aforesaid with the appurtenances for the term of her life without impeachment of any wast And that after the death of the said E. the aforesaid moiety of the Mannor Tenements and fishing aforesaid shall remain to the Executors of the Testament of the said E. for the term of 16 years then next following after the death of the said E. without impeachment of wast And which after the death of the aforesaid E. A. for the term of the aforesaid 16 years to N. G and E. his Wife and W. G. and B. his wife and the heirs of him the said E. B. should revert The aforesaid W. G. and B. his Wife N. G. and E. his Wife do grant that the said moities of the said Mannors Tenements and fishing with the appurtenances after the death of the aforesaid E. A. and after the aforesaid term of 16 years ended and determined shall wholly remain to the aforesaid F. A. and his heirs To hold of the chief Lords of that fee by the services which unto the aforesaid moieties of the said Mannor Ten. and fishing do belong And those they have remised and quit claimed from the said W. G. and B. his Wife N. G. and E. his Wife and their heirs to the aforesaid F A. and his heirs for ever And furthermore the said W. G. and B. N. G. and E have granted for themselves and the heirs of him the said N. that they will warrant the aforesaid reversion of the moiety of the said Mannor Tenements and Fishing with the appurtenances to the aforesaid F. A. and his heirs against them the said W. G. and B. N. G. and E. and their heirs for ever And for this c. the said F. hath granted to the aforesaid W. G. and B. N. G. and E. the aforesaid reversion of the moiety of the Mannor Tenements and Fishing aforesaid with the appurtenances And those to them he hath rendred in the said Court. To have and to hold the said reversion of the moiety of the Mannor Tenements and fishing aforesaid with the appurtenances to the said W. G. and B. N. G. and E. from the Feast of Philip and James which shall be then next after the end of the said 16 years unto the end and term of 21 years from thence next following and fully to be compleat without impeachmhnt of any wast A Render to the Conusor for one week after to a Stranger for life and to his wife for life if she keep her unmarried the Reversion to another Stranger and his Heirs of his body upon M. his wife begotten the remainder to another and his Heirs York ss COmmand I. W. and E. his wrfe that they hold to W. A. and O. S. Covenant of two Messuages c. in S. And that unless c. And for this c. The said W. and O. have granted to the aforesaid I. the Tenements aforesaid with the appurtenances And those to him they have rendred in the said Court. To have and to hold to the said B. for the term of one week and after that Term ended the aforesaid Tenements with the appurtenances wholly shall remain to B. To have and to hold to the said B. of the chief Lords of that Fee by the services which to the aforesaid Tenements do belong all the life time of the said B. And after the decease of the said B. the aforesaid Tenements with the appurtenances shall wholly remain to I. Wife of the aforesaid B. to hold c. all the life time of the said I. if the said I. shall so long live sole and unmarried And after the decease or spousal of the said I. if either shall be the aforesaid Tenements with the appurtenanes shall wholly remain to E. W. Sonne and Heir apparent of the aforesaid I. and the Heirs of the body of him the said E. upon the body of M. his Wife between them lawfully begotten To hold c. And if it happen that the said E. shall dye without Heir of his body on the body of the aforesaid M. between them lawfully begotten then after the decease of them the said E. and M. the Tenements aforesaid with the appurtenancs shall wholly remain to the aforesaid I. and his Heirs To hold c. for ever A Fine of two Reversions York ss COmmand R. N. and A. his Wife that they hold to G. E. Covenant c. of two Messuages one cottage c. in N. And the Concord is such to wit that the aforesaid R. and A. have recognised the Tenements aforesaid with the appurtenances to be the right of the said G. and have granted for themselves and the heirs of the said R. that the aforesaid Cottage twenty acres of Land ten acres of Meadow c. Parcell of the Tenements aforesaid with the appurtenances in N. aforesaid which W. B. and A. his Wife do hold for term of the life of her the said A. of the Inheritance of the aforesaid R. the day that this Concord was made and which after the decease of her the said A. unto the aforesaid R. and his heirs ought to revert wholly after the decease of her the said A. unto the aforesaid G. and his heirs shall remain to hold c. Also the aforesaid R. and A. have granted that the aforesaid 2 Messuages c.
theresidue of the Tenements aforesaid with the appurtenances in N. aforesaid which W. P. and D. his Wife hold for term of the life of her the said D. of the Inheritance c. ut antea And furthermore the aforesaid R. and A. and the Heirs of him the said R. will warrant the Tenements aforesaid with the appurtenances to the aforesaid G. and his heirs as â—t is said against the aforesaid R. and A. and the Heirs of him the said R. for ever And for this c. A grant to the Cognisee and his Wife and the Heirs of their two bodies with Warranty York ss COmmand H. F. Gent. that justly c. he hold to H. M. and I. his Wife covenant c. of the Tenements in S. And unless c. And the Concord is such to wit that the aforesaid H. F. hath granted the Tenements and rent aforesaid with the appurterances to the aforesaid H. W. and I. And those to them he hath rendred in the said Court. To have and to hold to the said H. W. and I. and the Heirs of the bodies of them the said H. W. and I. between them lawfully begotten To hold c. and the aforesaid H. F. and their Heirs will warrant to the aforesaid H. W. and I. and the heirs of the body of them the said H. W. and I. between them lawfully begotten the Tenements aforesaid as it is said against all men for ever And for this c. A Grant with a Render back again for life with Remainders in taile dividing the Lands Hereff. ss COmmand N. B. and A. his wife that they hold to T. R. and R. G. Covenant c. of one Messuage c. with the appurtenances in E. c. And the Concord is such to wit that the aforesaid c. with Release and warranty c. and for this c. the said T. R. have gâ—anted to the aforesaid N. and A. the Tenements aforesaid with the appurtenances And those to them they have rendred in the said Court. To hold to the said N and A. for the lives of them the said N. and A. and the life of the longer liver of either of them without impeachment of waste all the life time of the said A. To hold c. And after the decease of them the said N. and A. one Messuage c. with the appurtenances in F. aforesaid being parcel of the Tenements aforesaid shall remain to T. B. one of the Sons of the aforesaid N. and A. and the Heirs male of the body of the aforesaid T. lawfully begotten and then after the decease of the said T. the aforesaid Tenements being parcell of the aforesaid Tenements wholly shall remain to I. B. one other of the Sonnes of the aforesaid N. and A. the Heirs Males of the body of him the said I. lawfully begotten To hold c. And if it happen c. after the decease of the said I the aforesaid Tenements parcel of the said Tenements shall wholly remain to B. F. one other Sonne of the aforesaid A. and the Heirs males of the body of the aforesaid B. lawfully begotten To be held c. And if it happen c. that then the Tenements aforesaid shall remain to divers others and the right Heirs of the aforesaid D. for ever To hold c. And furthermore the aforesaid T. and R. have granted that after the decease of the aforesaid N. B. and A. his wife 44 acres of Land 2 acres of Meadow c. with the appurtenances in B. aforesaid being residue of the aforesaid Tenements shall wholly remain to the aforesaid B. F. and the Heirs of his body lawfully begotten To hold c. And if it happen that the said B. shall die without Heir of his body lawfully begotten that then after the decease of the said B. the Residue of the aforesaid Tenements shall wholly remain to the aforesaid T. F. and his Heirs and assigns for ever A Fine to entaile Lands to the Heirs of oâ—â— deecased Leicester ss COmmand I. C. Esq that he hold to M. C. Widdow Covenant of three Messuages c. And the Concord is such that the aforesaid I. hath granted to the said M. the aforesaid Tenements with the appurtenances And that to her hath rendred in the said Court. To have and to hold to the said M. and the Heirs of the body of her the said M. of the body of I. C. lately her Husband deceased lawfully begotten of the chief c. And if it happen that the said M. shall dye without Heir on her body of the body of the said I. C. lawfully begotten then after the decease of her the said M. the aforesaid Tenements with the appurtenances shall wholly remain to the right Heirs of the said I. C. deceased To hold c. And the aforesaid I. C Esq and his Heirs will warrant to the aforesaid M. and the Heirs of her body of the body of the aforesaid I. C. deceased and also to the right Heirs of him the said I. C. if the said M. shall dye without Heir of her body of the body of the said I. C. deceased lawfully begotten the aforesaid Tenements with the appurtenances as is said against the aforesaid I. C. Esq and his Heirs for ever And for this c. A Grant by a Duke and his wife as in the right of his wife to the Conusee for life of the Tennant for life with warranty a Render to the Cognisor for the Wives life to convey her title to her Husband COmmand T. Duke N. and M. his wife that they hold to T. T. Esq Covenant c. of the Tenements in W. and unlesse c And the Concord is such to wit that the aforesaid Duke and M. have granted to the aforesaid T. T. the Tenements aforesaid with the appurtenances and whatsoever the said Duke and M. have in the Tenements aforesaid with the appurtenances for term of â—ive of her the said M. And those to them they have rendâ—ed in the said Court. To have and to hold to the said T. T. and his Heirs of the chief Lords of that Fee by the services which unto the said Tenements with the appurtenances do belong all the life time of her the said M. And furthermore the said T. and M. have granted for themselves that they will warrant to the aforesaid T. T. and his Heirs the Tenements aforesaid with the appurtenances against all men all the life time of the said M. And for this c. the said T. T. hath granted the Tenements aforesaid with the appurtenances to the aforesaid Duke and those to him he hath rendred in the said Court. To have and to hold the said Tenements with the appurtenances to the said Duke and his Heirs all the life time of the said M. to hold ut supra A Concord oâ— a moyety of divers things in pâ—â—â—ession and of a reversion in Fee THis 〈…〉 finall Concord made c. beâ—â—â—en â— â— and
â— H. Plantiffes T. N. I. his wife one of the Cousins and Heirs of R. E. Defortients of the Moyety of the Manâ—ors of W. and R. with the appurtenances and of the Moyety of 80 Messuages 40 acres of Land 300 acres of Meadow 50 acres of Pasture 100 acres of Wood 30 acres 〈…〉 and Heath 160 acres of Moore 200 acres of Marish and 20 shillings rent with the appurtenances in W. R. W. P. T. 〈…〉 of the advowson of the Moyety of the 〈◊〉 of E. W. P. and R. and 〈…〉 of the Moyety of the 〈…〉 of L. whereof Plea of Covenaâ—◠〈…〉 between them in the 〈…〉 that the aforesaid T. and â— â—ave 〈…〉 the aforesaid Moyeties with the appurtâ—nances and the advowsons afoâ—â—said to â—e â—â—e right of him the said A. of which the said A. and L. have by gift the Moyety aforesaid of the Mannor of R. with the appurtenances also the Moyety of 80 Messâ—â—geâ— 260 acres of Land 100 acres of Meadow â—00 acres of Pasture 80 acres of Wood 200 acres of Ling and Heath 140 acre of Marisâ— 100 acres of Moore and six pounds six shillings rent with the appurtenances in R. T. H c. and also the advowson of the moyeâ—y of the Church of R. and the advowson of the moyety of the Monastery or Priory of L. parcelâ— of the Moyety of the Mannors Tenements rent and advowsons aforesaid by the gift of the aforesaid T. and I. and those they have remised and quite claimed from them the said T. and I. and the Heirs of him the said I. to the aforesaid A. and L. and the Heirs of him the aforesaid A. for ever And furthermore the said T. and I. have granted for themselves and the Heirs of hâ—m the said I. that the moyety of the Mannor of W. and the moyety of 30 Messuages 250. acres of Land 100 acres of Meadow c. with the appurtenances in W. P. E. and W. aforesaid and the advowsons of the moyety of the Churches of P. E. and W. aforesaid being the residue of the moyety of the Mannors Tenements rent and advowsons aforesaid which E. E. holdeth for term of her life of the inheritance of the aforesaid I. the day that this Concord was made and which after the decease of the said E. E. unto the aforesaid T. and I. and the Heirs of him the said I. ought to revert after the decease of her the said E. E. wholly shall remain to the aforesaid A. and L. and the Heirs of him the said A. to hold together with the aforesaid moyety and advowson which to them by this Fine do remain of the chief Lords of that Fee by the services which unto those moyeties and advowsons do belong for ever And the aforesaid T. and I. and the Heirs of him the said I. will warrant to the aforesaid A. and L. and the Heirs of him the said A. the aforesaid moyeties with the appurtenances and the advowsons aforesaid as aforesaid against all men for ever And for this recognisance remise quite claim warranty fine and Concord the said A. and L. have granted to the aforeaid T. and I. the aforesaid Moyetie oâ— the Mannor of R. and the moyety oâ— the Tenements with the appurtenances aforesaid in R. T. H. c. aforesaid Also the advowson of the moyety of the Chuch of R. aforesaid the advowson of the moyety of the Monastery or Priory of I. aforesaid and those to them they have rendred in the said Court. To have and to hold to the said T. and I. and the Heirs of him the said I. of the chief Lords of that Fee by the services which unto those moyeties and advowsons do belong for ever And also the said A. and L. have granted the aforesaid moyety of the Mannor of W. with the appurtenances and the aforesaid Moyety of the the Tenements with the appurtenances in W. P. E. c. aforesaid to the said T. and I. and those also have rendred in the said Court. To have and to hold immediatly after the death of the aforesaid E. E. to the said T. and I. and the Heirs of him the said I. of the chief Lords of that Fee by the services which unto that moyety and advowson do belong for ever A Grant of Lands by Fine to two who render to the Cognisor in tail and for default of such issue to R. T. in generall tail the remainder to another and his Heirs for ever ANd the Concord is such c. that the aforesaid A. hath recognised the Tenements aforesaid with the appurtenances to be the right of him the said I. as those which the said I. and D. have by the gift of the aforesaid A. and those he hath remised c. and for this c. the said I and D. have gran-to the aforesaid A. the Tenements aforesaid with the appurtenances And those to him they have rendted in the said Court To have and to hold to the said A. and the Heirs of the body of him the said A. lawfuly begotten and for default of such issue then the Tenements aforesaid with the appurâ—enances whloly shall remain to the Heirs of the body of R. T. Son of the aforesaid A. and the Heirs of the body of them â—awfully begotten and for default of such issue then the Tenements aforesaid with the appurtenances shall remain to D. E. and his Heirs for ever c. A Grant of Lands in tail to be holden of the Grantor in Soccage York ss COmmand S. B. Esq that he hold to W. S. Covenant of three Messuages c. with the appurtenances in C. And unlesse c. And the Concord is such to wit that the aforesaid S. hath granted to the aforesaid W. the Tenements aforesaid with the appurtenances and those to him he hath rendred in the said Court. To have and to hold to the said W. and the Heirs of his body lawfully begotten of the aforesaid S. and his Heirs in Soccage by Fealty only for all services and demands which unto the aforesaid Tenements do belong for ever And if it happen that the said W. shall dye without Heir of his body lawfully begotten then after the decease of him the said VV. the Tenements aforesaid with the appurtenances shall wholly remain to I. S. Grandfather of the aforesaid W. and the Heirs of the body of him the said I. lawfully begoten To hold c. ut antea And if no Heir of the body of the said I. shal be lawfully begotten then the aforesaid Tenements with the appurtenances shall wholly revert unto the aforesaid 〈◊〉 and his Heirs quite from other Heirs of the aâ—orâ—said W. and I. to hold of the chief c. And furthermore the aforesaid S. and his Heirs will warâ—ant to the aforesaid W. and the Heirs of his body lawfully begoten and to the aforesaid I. and the Heirs of his body lawfully begotten if the said W. shall dye without heir of his body lawfully begotten the aforesaid Tenements
Conusors by the same Fine grant and render the same Mannors c. unto the Conusor and his heirs males and for default of such heirs males then to certain persons for the life of I. S. brother unto the said Conusor and after his death to his heirs males And if the said I. S. died without heir male then to divers others of the name and kindred of the Conusor and to their heirs males and for default of such heirs the last remainder in fee to the right heirs of the Conusor for ever THis is the final concord made in the Court of c. at Chester Wednesday c. In the year c. before M. H. Knight Justice c. between W. F. and R. C. Plaintiffs and H. S. of O. in the County of Chester Esq of the Mannor of O. O. with the appurtenances and of 14 Messuages 500 acres of Land 200 acres of Meadow 500 acres of pasture 60 acres of wood 100 acres of Moor and Marish and 2 shillings rent with the appurtenances in O. O. in C. and W. and of the moyety of the Mannor of E. with the appurtenances and of 6 Messuages 100 acres of Land 100 acres of Meadow 20 acres of Pasture 2 acres of Wood 20 acres of Furrs and Heath with the appurtenances in E. whereof plea of Covenant was summoned between them in the said Court to wit that the aforesaid H. hath recognized the Mannor Tenements and rent aforesaid with the appurtenances and his aforesaid moyety of the Mannor of E. and the aforesaid Tenements in E. aforesaid with the appurtenances to be the right of him the said W. as those which the said W. and R. C. have by the gift of the aforesaid R. And those they have remised and quite claimed from him the said H. and his heirs to the aforesaid W. and R. and the heirs of him the said W. for ever And furthermore the said H. hath granted for himself and his heirs that he Warranty and his heirs will warrant the Mannors Tenements and Rent aforesaid and the aforesaid moyety of the said Mannor of E. and the aforesaid tenements in E. aforesaid with the appurtenances to the aforesaid W. and R. and the heirs of him the said W. against all men for ever And for this recognizance remise The render quite claim warranty fine and Concord the aforesaid W. and R. in the said Court have granted to the aforesaid H. M. the Mannors Tenements and rent aforesaid and the aforesaid moyety of the aforesaid Mannor of E. and the aforesaid Tenements in E. aforesaid with th' appurtenances and those to them they have rendred in the said Court. To have to remainders in tail the said H. and the Heirs males of his body lawfully begotten And if it happen the aforesaid H. to die without heir male of his body The remainders after the death of I. S. the Conusors brother to the heirs male of the said I. S. lawfully begotten That then the aforesaid Mannors Tenements and rent and the aforesaid moyety of the aforesaid Mannor of E. and the aforesaid Tenements in E. with the appurtenances after the death of the aforesaid H. S. to R. S. son and heir apparent of T. S. Esq to R. S. son of E. S. to R. B. and E. B. for term of the life of I. S. brother of the aforesaid H. may remain so that the Mannors Tenements and rent aforesaid and the aforesaid moyety of the aforesaid Mannor of E. and the aforesaid Tenements in E. with the appurtenances after the death of the aforesaid I. S. to the heirs males of the body of the aforesaid I. lawfully begotten may remain And if it happen the The other remainders if the said I. S. die without heir male said I. S. to die without heir male of his body lawfully begotten that then the Mannors Tenements and rent aforesaid and the aforesaid moyety of the aforesaid Mannor of E. and the aforesaid Tenements in E. aforesaid with the appurtenances to T. S. of S. Esq and the heirs males of his body lawfully begotten may remain And if it happen the aforesaid T. S. to die without heir male of his body lawfully begotten That then the aforesaid Mannors Tenements and rent and the aforesaid moyety of the said Mannor of E. and The last remainder in fee to the right heirs of the Conusor for ever the aforesaid Tenements in E. aforesaid with the appurtenances to T. S. son of I. S. and the heirs males of the body of the said T. S. son of the aforesaid G. lawfully begotten may remain c. And if it happen the said G. to die without heir male of his body lawfully begotten that then the Mannors Tenements and Rent aforesaid and the aforesaid moyety of the said Mannor of E. and the Tenements aforesaid in E. aforesaid with the appurtenances to the right heirs of the aforesaid H. S. may remain for ever A Fine knowledged before the Justices of Chester by B. P. and E. his Wife of a Mannor c. one Water-mill one Dove-house one Garden two Orchards c. with warranty COmmand B. P. and E. his Wife that justly c. they hold to I. S. Esq the Covenant between them made of the Manor of O. alias O. and of one Wind-mill one Dove-house one Garden two Orchards 100 acres of land 60 acres of meadow 200 acres of pasture 40 acres of wood 100 acres of heath 300 acres of Moor 100 acres of Turbary 50 acres of Marish 30 acres of Land covered with water with the appurtenancs in O. And unlesse c. And the Concord is such to wit that the aforesaid B. and E. have recognised the Mannor and Tenements aforesaid with the appurtenances to be the right of him the said I. And those they have remised and quite claimed from themselves and their heirs to the aforesaid I. and his heirs for ever And furthermore the aforesaid B. and E. have granted for themselves and the heirs of the said B. that they will warrant the Mannors and Tenements warranty aforesaid with the appurtenances to the aforesaid I. and his heirs against the aforesaid B. and E. and the heirs of him the said B. for ever And for this c. A Fine knowledged by an Earl and his wife of a Mannor advowson liberties free warrâ—n and free fishing and a sould course for 2000 Sheep COmmand Thomas Earl of Sussex Fran. his Wife that justly c. they hold to Will. Curson Esquire the Covenant between them made of the Mannor of B. with the appurtenances and of 80 Messuages 80 Cottages 10 Tofts 100 Gardens 60 Orchards 400 acres of Land 60 acres of Meadow 200 acres of Pasture 20 acres of Wood 40 acres of Furies and Heath 200 acres of Moor 100 acres of Willows 20 s. rent with the appurtenances in Billingsod otherwise Billingforth Bilowe otherwise Bylingh c. Also of the advowson of the Church of Bilingford and of the liberty of fold
c. with the appurtenances as aforesaid against the aforesaid A. and M. during the life of her the said M. And for this c. A Fine knowledged by J. C. and T. his Wife of 2 Messuages 1 Barn c. to one H. P. with warranty and the said H. P in consideration of the said Fine granteth and rendreth again by the same Fine the premisses to the Conusors for one day and afterwards to I. P. widdow for her life and after her death the premisses wholly to remain to H. P. and his heirs for ever COmmand I. C. and T. his wife that justly c. they hold to H. the Covenant c. of two Messuages one Barn c. And unlesse c. warranty And the Concord is such to wit that the aforesaid I. and T. have recognised the Tenements aforesaid with the appurtenances to be the right of him the said H. as those which the same H. hath by the gift of the aforesaid I. and T. And those they have remised and quite claimed from themselves and their heirs to the aforesaid H. and his heirs for ever And furthermore the aforesaid I. and T. have granted for themselves and the heirs of him the said I. that they will warrant the tenements aforesaid with the appurtenances to the aforesaid H. and his heirs against all men for ever And for this recognisance c. the aforesaid H. hath granted the tenements aforesaid with the appurtenances The Render to the aforesaid I. and T. And those to them he hath rendred in the same Court. To have and to hold to the same I. and T. for term of one day so that after the said Term ended the tenements aforesaid with the appurtenances shall wholly remain to I. P. widdow for term of the life of the same I. And after the death of the aforesaid I. the Messuages and Barn aforesaid c. shall wholly remain to H. P. and his Heirs for ever To hold of the chief Lords of that Fee c. and 5 acres of land and one acre of meadow with the appurtenances being residue of the tenements aforesaid shall wholly remain to A. B. and his heirs for ever To hold c. The taking of the knowledge of the Fine TAken and recognised before James D. Knight chief Justice of the Common bench in the year c. Notes to be observed in Fines 1. Note that there be some more things passe in the Praecipe which are not named in the Concord 2. Note that a Cause of re-entry may not be in a Fine 3. Note that if a man purchase divers parcels of Land of divers men he shall have all the parcels passe in one common fine but he must have severall warranties of every one of the parties for their several parcels 4. Note that Catlin Chief Justice of the Upper Bench said that South nosme de bois haut bois et Subbois passera en un fine 5. Note that by Dyer a render cannot be made but only to him that is named in the Fine but a remainder may be limited to one by a Fine though he be not named in the Praecipe A Fine knowledged by the Husband and wife unto two of 30 Messuages c. the Cognisees render the same again to the said Conusors for term of their two lives with divers remainders over after their deaths in general tail to the Children of the said Conusors and for default of issue of the said Conusors to the right heirs of the wife of the Conusor for ever THis is the final Concord made in the Court of c. such a return tali Anno before R. B. A. F. T. E. and W. S. Justices And afterwards in 8 dayes of the Holy Trinity in the year c. there granted and recorded before the same Justices and other of the faithfull of the Commonwealth of England then there present Between W. H. and I. R. Plaintiffs and I. C. and T. his wife Deforcients of 30 Messuages 200 acres of Land 300 acres of Pasture 10 acres of Wood 200 acres of ling and heath and 30 s. rent with the appurtenances in P. F. c. whereof plea of Covenant was summoned between them in the same Court to wit that the aforesaid I. C. and T. have recognized the aforesaid Tenements with the appurtenances to be the right of him the said I. R. as those which the same I. and W. have by the gift of the aforesaid I. C. and T. And those they have remised and quite claimed from them the said I. C. and T. and the heires of him the said T. to the aforesaid W. and I. R. for ever And furthermore the said I. C. and T. General warranty have granted for themselves and the heirs of him the said T. that they will warrant to the aforesaid W. and I. R. and the heirs of him said I R. the aforesaid Tenements with the appurtenances against all men for ever And for this recognisance remise quite claim warranty fine and Concord the same W. and I. R. have granted to the aforesaid I. C. and T. the aforesaid Tenements with the appurtenances And those to them they have rendered The render in the same Court. To have and to hold to the same I. C. T. of the chief Lords of that Fee by the Services which unto the aforesaid Tenements do belong all the life-time of the said I. C. and T. and the longer liver of either of them And after the decease of the said I. C. T. the aforesaid tenements with the appurtenances shall wholly remain to I. C. sonne of the aforesaid I. C. and T. and the heirs of his body lawfully begotten To hold of the chief Lords of that fee by the services which unto the aforesaid Tenements do belong for ever And if it happen that the said J. C. the Son shall die without heir of his body lawfully begotten then after the decease of him the said J. the aforesaid Tenements with the appurtenances shall wholly remain to R. C. one other Son of the aforesaid J. C. the Father and T. and to the heirs of his body lawfully begotten To hold of the chief Lords of the Fee by the services which unto the aforesaid Tenements do belong for ever And if it happen the said R. to die without heir of his body lawfully begotten then after the decease of him the said R. the aforesaid tenements with the appurtenances wholly to remain to the heirs of the bodies of the aforesaid J. C. the Father and T. lawfully begotten To hold of the chief Lords of that Fee by the services which unto the aforesaid Tenements do belong for ever And if no heir of the bodies of the aforesaid J. C. the Father and T. shall be lawfully begotten then the aforesaid Tenements with the appurtenances shall wholly remain to the right heirs of the aforesaid T. To hold of the chief Lords of that Fee by the services which unto the aforesaid
the decease of him the said I. the aforesaid Manor with the appurtenances should wholly remain to E. Brother of the same I. and the heirs of his body begotten to hold of the aforesaid S. and his heirs by the aforesaid services as aforesaid for ever And if it should happen that the aforesaid E. E. should dye without heir of his body begotten then after the decease of him the said E. the aforesaid Manor with the appurtenances should wholly revert unto the aforesaid S. and his heires quite from other the heirs of them the said C. and I. W. and I. and E. to hold of the chief Lords of that Fee by the services which unto that Manor should belong for ever And now by the information of I. L. and M. his wife being one and T. V. and T. his wife being another also of H. B. being the third of the Cozens and heirs of the aforesaid G. and I. of their bodies begotten we have received that the aforesaid G. and I. are dead And that T. L. and R. I. into the aforesaid Manor with the appurtenances now are entred and it they hold against the form of the Fine aforesaid And for that we will those things which are done in our Court be duly demanded for execution we command you that by honest and lawfull men of your Bayliwick you cause the aforesaid T. L. and R. to know that they be before our Justices at Westminster in 8. dayes c. to shew if they have or know any thing to say for themselves wherefore the aforesaid Manor with the appurtenances which they hold in form aforesaid after the death of the aforesaid G. I. to the aforesaid M. T. and H. Cozens and heirs of them the said G. and I. of their bodies begotten ought not to remain according to the form of the Fine aforesaid if it shall seem expedient to them and have you there the names of them by whom you shall cause them to know and this Writ witness c. OLiver To the Sheriff greeting Whereas A Scire fa. for the Heir of him in remainder a certain Fine was levyed in the Court of the Soveraign Lord James late King c. tali die Anno before A. and his Associates then Justces of the same Soveraign Lord James of the Bench between W. plaintiff R. Deforcient of the Manor of T. with the appurtenances whereof plea of Covenant was summoned between them in the same C. to wit that the aforesaid R. hath recognized the aforesaid Manor with the appurtenances to be the right of him the said W. as that which the same W. had by the gift of the aforesaid R. and for that recognizance Fine and Concord the same W. had granted to the aforesaid R. the aforesaid Manor with the appurtenances to have to hold to the same R. of the aforesaid W. and his Heirs Males of his body begotten all the life of him the said R. yeelding therefore by the year c. And after the decease of him the said R. the a-aforesaid Manor with the appurtenances shall wholly remain unto the aforesaid W. and his Heirs quite from the Heirs of the aforesaid R. to Render for life with revertur to him in tail remainder over in tail hold of the chief Lords of the Fee by the services which unto that Manor should belong for ever and if it should happen that the aforesaid R. should dye without Heir Male of his body begotten the aforesaid Manor with the appurtenances should wholly remain to T. Brother of him the said W. and to the Heires Males of his body begotten to hold of the chief Lords of that Fee by the services aforesaid for ever and now by the insinuation of A. son and Heir of the aforesaid T. we have received that the aforesaid R. is now dead and that the aforesaid W. dyed without Heir Male of his body begotten and that I. into one Messuage c. with the appurtenances which were parcell of the Manor aforesaid now is entred and those holdeth against the form of the Fine aforesaid And for that we will those things c. if he hath or knoweth any thing to say for himself wherefore the aforesaid tenement with the appurtenances to the aforesaid A. son and heir of the aforesaid T. ought not to remain according to the form of the Fine aforesaid if it shall seem expedient to him c. And have you c. Scire facias against severall tenants Return of sc fecit And now here at this day came as well the aforesaid I. S. by S. his Artorney as the aforesaid W. and A. by F. his Atturney and the Sheriff returned that he caused the same W. and A. to know of being here at this day to shew severally in form aforesaid by R. and F. honest c. And hereupon the aforesaid I. saith that he is Cozen and Heir of the aforesaid I. and Cozenage alleged E. that is to say c. and prayeth against the aforesaid W. and A. severally execution in form aforesaid c. And now the aforesaid W. and A. as to the A bar that the parties to the Fine had nothing in the land at the time of the fine but I. whose estate the tenant hath aforesaid tenements whereof execution against them is prosecuted and the aforesaid R. and I. as to the aforesaid tenements whereof execution against them is severally prayed severally do say that neither the aforesaid I. nor the aforesaid W. and B. whom by the Fine aforesaid he supposeth to be parties of that Fine have nothing in the tenements aforesaid with the appurtenances whereof execution against W. and A. is severally prayed at the time of the levying of the same Fine but that one I. and C. was thereof seised at the time of the levying of that Fine of which estate of the said I. C. in those tenements whereof execution against them is prayed which the aforesaid R. and I. severally have in the tenements aforesaid wherof execution against them is severally prayed they severally pray Judgement whether the aforesaid I. execution thereof against them ☞ ought to have c. And the aforesaid I. saith that at the time of the levying of that Fine the aforesaid I. and I. who were parties of that Fine were seised of the tenements aforesaid Issue that I◠was seised at the time of the Fine levyed with the appurtenances whereof execution against the aforesaid W. and A. severally in form and manner aforesaid is prosecuted as by that Fine it is supposed And this he prayeth c. therefore 12 c. A Scire Facias upon a Fine WHereas a certain Fine was levyed in the Court of the Soveraign Lord E. heretofore King of England our Grand-father from the day of the Holy Trinity in 15. dayes in the year c. before I. of B. and his Associates then Justices itinerate of him our said Grand-Father at York between Alan plaintiff
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
I. tali die came in our said Court and saith that she doth hold the Manor aforesaid of B. with the appurtenances by the name of the Manor of R. by the demise of N. C. and that the reversion thereof by the death of the aforesaid I. unto the aforesaid N. belongeth without whom he cannot answer to the aforesaid R. of the aforesaid moiety of the Manor aforesaid and prayeth aid of him the said N. And therfore we command you that by honest c. you cause to know to the aforesaid N. that he be c. to answer to the aforesaid R. together with the aforesaid I. in the aforesaid Plea if he will and have you c. A Mittimus of the Transcript of the Fine and a Scire Facias thereupon THe Soveraign Lord the King hath sent to his Justices this his close Writ in these words Edward c. reciting all the Writ the Tenour of the aforesaid Fine whereof in the Writ aforesaid mention is made or thus The Transcript of the aforesaid Fine whereof in the Writ aforesaid mention is made followeth in these words This is the finall Concord c. reciting all c. And now to wit tali die in that same Term came here in Court A. on Scire Facias for the Heir of him in remainder against the terre tenant the behalf of the aforesaid T. and saith that the aforesaid R. is dead and likewise that the aforesaid W. died without Heir-Male of his body begotten and that I. into one Messuage c. with the appurtenances which are parcell of the Manor aforeâ—aid is now entred and holdeth it against the form of the Fine aforesaid And prayeth a Writ to the Sheriff of S. to be directed to forewarn the aforesaid I. to be here to shew if he hath any thing c. wherefore the same Messuages c. with the appurtenances which the said T. claimeth in form aforesaid after the death of the aforesaid W. to the aforesaid T. being Cozen and Heir of the aforesaid R. ought not to remain according to the form of the Fine aforesaid for as much as the aforesaid W. is dead without Heir-male of his body begotten and it is granted to him returnable here tale die or thus And by severall Writs Severall Scire fac into several Counties upon one Fine A Scire facias for him in the remainder to wit one to the Sheriff of the said County of B. another to the Sheriff of N. the third to the Sheriff of H. to be directed to forewarn the same I. to be here to shew c. It was commanded to the Sheriff whereas a certain Fine was levyed in the Court of the Soveraign Lord c. tali die Anno before c. Justices of him the said Soveraign Lord the King our progenitor now of the Bench between W. and I. his wife plaintiffs and I. E. deforcients of one Messuage c. with the appurtenances in L. whereof Plea of Covenant was summoned between them in the same Court to wit that the aforesaid W. did recognize the Tenements aforesaid with the appurtenances to be the right of him the said I. as those which the same I. had by the gift of the aforesaid W. and for that recognizance Fine and Concord the same I. did grant to the aforesaid W. and I. the aforesaid tenements with the appurtenances and those to them he did render in the Render to the husband and wife and to the heirs of the body of the husband same Court To have and to hold to the same W. and I. and the Heirs of him the said W. of his body begotten of the chief Lords of that Fee by the services which unto the aforesaid tenements should belong for ever and if it happen that the same W. should die without Heir of his body begotten then after the decease of them the said W. and I. the aforesaid tenements with the appurtenances should wholly remain to I. Son of the same W. and the heirs of his body Remainder in tail begotten to hold of the chief Lords of that Fee by the services which unto the afores tenements should belong for ever And if it should happen the same I. to dye without Heir of his body begotten then after the decease of him the said I. the aforesaid tenements with the appurtenances should wholly remain to the right Heirs of him the said W. to hold of the chief Lords of that Remainder to the right Heirs Fee c. ut supra And now by the insinuation of T. being Cozen and Heir of the aforesaid I. Son of W. the King received that the same W. is dead without Heir of his body begotten and that the aforesaid I. is now dead and that one A. into the tenements aforesaid with the appurtenances is now entred and those he holdeth against the form of the Fine aforesaid And for that c. that by honest c. you give the aforesaid A. to know that she should be here at this day c. to shew if she hath any thing c. wherefore the aforesaid tenements with the appurtenances which she holdeth in form aforesaid after the death of the aforesaid W. and I. his wife to the aforesaid T. as Cozen and heir of the aforesaid I. son of W. ought not to remain according to the form of the Fine aforesaid if c. for as much as the aforesaid W. dyed without Heir of his body issuing c. And now here at this day came as well the aforesaid T. by A. his Atturney as the aforesaid A. by S. her Atturney and the Sheriff returned that he had commanded I. L. Bayliff of the liberty c. to whom c. which said Sheriff thus answered that he gave the aforesaid A. to know to be here at this day to shew in form aforesaid by T. and G. honest c. And hereupon the aforesaid T. saith that he is Cozen and Heir of the aforesaid I. being Son of W. to wit Son of I. being Son of him the said I. being Son of W. and prayeth against the aforesaid A. execution c. Cozenage And hereupon the aforesaid W. H. saith that the aforesaid W. Brother of G. in the Fine aforesaid named at S. in the County of N. taking one E. P. to him to wife and the same E taking him the said W. to her husband they were together betrothed and after banes between them upon three holy dayes being distant from themselves in the Church c. publickly proclaimed the spousals between them in the face of that Church was celebrated within which spousall the same W. and E. had issue between themselves T. at H. in the same County of N. begotten and born which said T. at T. in the County of N. in the Church of Saint A. there took unto wife one N. and the same T. and N. after the spousall between them there celebrated had issue between them one H.
there begotten and born and the same H. at the said Town of N. in the same County in the aforesaid Church c. took to wife one I. and the same H. and I. after the spousall between them there celebrated had issue between them the aforesaid W. H. begottē born who now prosecuteth and so the same W. H. who now prosecuteth saith that he is Cozen and Heir of the aforesaid W. Brother of G of the body of him the said W. Brother of G. begotten that is to say Son of the aforesaid H. Son of the said T. Son of the same W. Brother of G. and prayeth against the aforesaid R. S. c. execution c. A Fine levyed to one by a Guardian THe Sheriff was commanded whereas a fine was levyed in the Court of the Soveraign Lord E. late King of England c. in Oct. c. Anno c. before c. by a Writ of him the said late King between S. P. and I. his wife and S. son of the same S. and I. plaintiffs by E. Gardian or keeper of him the said S. son of the same S. P. and I. to game and W. P. parson of the Church of T. and I. H. Chaplain deforcients of two Messuages c. with the appurtenances in T. S. and W. whereof Plea of Covenant was summoned between them in the same Court to wit that the aforesaid S. P. did recognize the tenements aforesaid with the appurtenances to be the right of him the said W. as those which the same W. and I. then had by the gift of the aforesaid S. P. and for the same recognizance Fine and Concord the same W. and I. did grant to the aforesaid S. P. and I. and S. son of the same S. and I. the aforesaid tenements with the appurtenances and those to them they did render in the same Court To have and to hold to the same S. P. and I. and S. son of the same S. and I. and the Heirs of him the said S. son of the same S. and I. of his body begotten of the chief Lords of that Fee by the services which unto the aforesaid tenement should belong for ever and if it should happen that the same S. son of the same S. and I. should dye without Heir of his body begotten then after the decease of them the said S. and I. and S. son of the same S. and I. the aforesaid tenements with the appurtenances should wholly remain to the Heirs-Males of the bodies of them the said S. and I. issuing to hold of the chief Lords of that Fee by the services which unto the aforesaid tenements should belong for ever and if no Heir-Male of the body of them the said S. P. and I. should be begotten then the aforesaid tenements with the appurtenances wholly should remain to M sister of the aforesaid S. daughter of the aforesaid S. and I. and the Heirs of her body begotten to hold of the chief Lords of that Fee by the services which unto the aforesaid tenements should belong for ever and if it should happen that the same M. should dye without Heir of her body begotten then after the decease of her the said M. the aforesaid tenements with the appurtenances should wholly remain to I. sister of the same M. and the Heirs of her body begotten to hold of the chief Lords of that Fee by the services which unto the aforesaid tenements should belong for ever and if it should happen that the same I. should die without heir of her body begotten then after the decease of her the said I. the aforesaid Tenements with the appurtenances should wholly remain to the right heirs of the aforesaid S. P. to hold of the chief Lords of that Fee by the services which unto the aforesaid tenements do belong for ever and now by the insinuation of I. A. Cozen and heir of the aforesaid M. of her body begotten the King did receive that the aforesaid S. P. and I. are dead without Heir-male of their bodyes begotten and the aforesaid S. son of the aforesaid S. and I. is dead without heir of his body begotten and that the aforesaid M. is likewise dead and that one R. L. and others into the Messuages c. Scire fac for the heir of him in remainder aforesaid with the appurtenances is now entred and those they hold against the form of the Fine aforesaid And for that c. you should give to the aforesaid R. L. and the others to know that they should be here at this day to wit tale die to shew if they know or have any thing c. wherefore the Messuages aforesaid with the appurtenances which they hold in form aforesaid after the death of the aforesaid S. P. and I. S. c. and the aforesaid M. to the aforesaid I. A. Cozen and Heir of her the said M. of her body begotten ought not to remain according to the form of the Fine aforesaid in so much as 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. and I. is dead without heir of his body begotten if c. And now here at this day came as well the aforesaid I. A. by T. B. his Attorney as the aforesaid R. L. and others by I. K. their Attorney the Sheriff returneth that he gave to the same R. and others to know of being here at this day to shew inform aforesaid by I. C. and other honest c. whereupon the same I. A. saith that he is Cozen and Heir of the aforesaid M. of her body begotten that is to say son of I. son of W. son of S. son of the aforesaid M. And prayeth execution of the tenements aforesaid to him to be a judged c. And the aforesaid R. L. and others say that Confession of the fine they cannot deny the knowledge of the Fine aforesaid but that the aforesaid S. P. by that Fine recognized the tenements aforesaid with the appurtenances to be the right of the aforesaid W. P. as those which the same W. and the aforesaid I. then had by the gift of the aforesaid S. P. and that for the same recognizance Fine and Concord the same W. and I. by that Fine did grant those tenements to hold to the aforesaid S. P. and I. S. son of the same S. and I. and those to them did render in the same Court To have and to hold to the same S. P. and I. S. son of the same S. and I. and the heirs of him the said S. son of the same S. and I. of his body begotten So that if it should happen that the same S. son of the same S. and I. should dye without Heir of his body begotten then after the decease of them the said S. P. and I. and S. son of the same S. and I. the aforesaid tenements with the appurtenances should wholly remain to the
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.
execution of the aforesaid Manor of W. with the appurenances whereof c. by virtue of the Fine aforesaid against â—them ought not to have for that he saith that long after the death of the aforesaid I. L. of M. and before any spousall between the aforesaid I. L. of T. M. had or celebrated as well I. of H. the aforesaid M. to his wife as M. him the aforesaid I. to her husband taking at C. in the County of S. together were betrothed there after banes between them in the Church c. on three holy dayes from themselves distant solemnly proclaimed the spousall was between them the said I. of H. and M. in the face of the same Church celebrated and they there in Matrimony being lawfully coupled and within the spousall all the life time of him the said I. of H. there continued and before any spousall between the aforesaid I. L. of T. and M. had or celebrated the aforesaid I. of H. and M. had issue between them one N. at C. aforesaid begotten and born and the Fine aforesaid in form aforesaid did levy and the aforesaid A. which was the wife of W. afterwards died after whose death the aforesaid I. of H. and M. were seised of the aforesaid Manor of W. with the appurtenances in their demeasne as of Fee tail Fee and right simple in the person of her the said M. quiescing by virtue of the Fine aforesaid and of such state thereof they dyed seised and from them the said I. of H. and M. did descend the same Manor of W. with the appurtenances to the same N. as son and Heir of them the said I. and M. which said N. into that Manor with the appurtenances entred and thereof was seised in his demeasne as of Fee taile Fee and right simple thereof in the person of him the said N. as son and Heir of her the said M. quiescing by the form of the Fine aforesaid and had issue one H. at C. aforesaid begotten and died and from him the said N. descended the aforesaid Manor of W. with the appurtenances whereof c. to the same H. as son and heir of the same N. which said H. into that Manor with the appurtenances entred and was thereof seised in his demeasne as of Fee tail Fee and right simple thereof in the person of him the said H. quiescing by the form of the Fine aforesaid and thus thereof being seised he enfeoffed I. and E. c. of the same Manor with the appurtenances To have to them and their heirs for ever by virtue of which c. in Fee whereof one I c. the estate of the aforesaid W. and A. now they have in the same Manor c. and this c. whereupon he prayeth Judgement if the aforesaid W. L. execution of the same Manor of W. with the appurtenances by virtue of the Fine aforesaid against them he ought to have c. And the aforesaid W. L knoweth not any the things by the aforesaid W. and A. before alleged to be true but rather false and imagined and protesting also that the begetting and Nativity of the aforesaid I. L. son of M. by him the said W. L. in his said Declaration of consanguinity by what means he is Cozen and Heir of him the said M. are contained and were truly and lawfully and not suspectively alledged as by divers Records as well in Chancery before the Chancellor and in the Exchequer before the Barons as in the Treasury of the Soveraign Lord the King among the Records of Pleas of Arms before the late Constable of England holden residing also both by very many evidences muniments true just and sufficient and for such in the Law approved and confirmed fully appeareth For Plea saith that he from having execution of the said Manor of W. with the appurtenances by virtue of the Fine aforesaid for any the matters by the aforesaid W. and A. thereof before alledged ought not to be excluded for that he saith That the aforesaid I. L. of M. and the aforesaid I. L. of T. were one and the same person and not divers persons and that the same I. all his life time as well by the name of I. L. of T. as by the name of I. L. of M. was named and known and that the said marriage between the aforesaid I. L. of T. and M. they comming first together as in that before by right they were canonically required at the aforesaid Town of T. in the face of the parish Church of the same Town was solemnly celebrated within which spousall the same I. L. and M. had issue between themselves the aforesaid I. L. son and Heir of the aforesaid M. there begotten and born in form wherein the aforesaid I. L. by the said Declaration the consanguinity aforesaid it is supposed which said marriage between them the said I. L. and T. M. thus celebrated there was continued all the life time of the same I. and after the death of the same I. the aforesaid M. took to husband the aforesaid I. of H. without this that the aforesaid betrothings between the aforesaid I. of H and M. by the aforesaid W. and A. before alledged were had or celebrated before the said spousall between the aforesaid I. L. of T. and M. celebrated as the same W. and A. above alledged and this c. whereof he demandeth Judgement if execution c. And the aforesaid W. and A. say that the aforesaid espousals between the aforesaid I. of H. and M. by the aforesaid W. and A. before alledged were had and celebrated before the said espousals between the aforesaid I. L. of T. and M. celebrated in form wherein the same W. and A. above have alledged And of this they put c. And the aforesaid W. likewise Therefore it is commanded as well to the Sheriff of N. as to the Sheriff of S. that c. Bar that the demandant was born out of the espousall And the aforesaid P. saith That the aforesaid W. execution against him ought not to have because he saith that where the aforesaid W. by his Writ aforesaid supposeth and affirmeth that he was son and Heir of the aforesaid T. the same W. was born out of all espousals and this he is ready to verifie whereof he demandeth Judgement whether the aforesaid W. as son and Heir of the aforesaid T. or of any other whomsoever c. against him ought to have c. And the aforesaid W. saith that the aforesaid T. his Father did to himself espouse A. his wife by name of whom he was born within the espousals between them the said T. and A. celebrated and this he is ready to verifie whereof he prayeth Judgement whether c. And execution to him to be adjudged c. And the aforesaid P. saith as before that the aforesaid W. was born out of all manner of wedlock and not within wedlock aforesaid as the aforesaid W. above alledged And of this
bar 4 Serjeants  13 4 To the Criers  1 0 To the Box  1 0 To the Warden of the Fleet  0 6 For the Common Vouchee  0 4 For the Attorney Generals hand to the Writ  10 6 For making the Remembrance when the Recovery is drawn at the bar  2 0 For the return of the writ of Entry  0 4 For return of the writ of Seisin  2 0 To the Prothonotary for entry of the Recovery  14 6 To the Clerk for exemplifying thereof and making the writ of Seisin  7 6 For sealing the Exemplâ—fication writs of Seisin  2 9 For filing the writs of Entry and Seisin  2 0 For the Fee of the Demandant Tenant and Vouchee in the Recovery  10 0 Charges of a Recovery by summons upon a warrant of Attorney For drawing your Precipe and the warrant of Atturney 0 3 4 For entry of the Summons 0 6 6 For making the writ of Summons the Seal 0 2 7 To the Clerk for drawing the Summons and the entry in Parchment 0 2 6 For filing every warrant of Atturnment 0 0 8 For return of the writ of summons 0 2 0 For the filing of it 0 1 0 Note that every single Voucher hath 3 Serjeants a double Voucher 4 Serjeants and a treble Voucher hath 5 Serjeants and so further The Prothonotary hath as you see for his Entry for every Summons 0 6 6 For every single Voucher 0 10 6 For every double Voucher 0 14 6 For every treble Voucher 0 18 6 For every Dedimus Mittimus 0 4 0 The Charges of a Recovery under the great Seal of England For the Certiorari 0 13 4 For the allowance thereof 1 9 6 To the Clerk for his pains 0 6 8 For the Exemplification of every Skin 1 6 8 For the Seal 1 0 6 THE TABLE THe Definition of a Fine pag. 1. Who may be Cognisors in Fines and who not 7. What persons may be Cognisees in fines 9. Of what things fines may be levied and what not 10. By what names things may pass in fines 12. The order form of placing things in fines 14. The place wherein the Lands lie 16. Of the forms of Concords 17. Observations at the knowledge of fines how to acknowledge a fine before the Lord chief Justice 18 The charge of the said fine 21. Observations at the knowledge of a fine by a special Dedâ—mus Potestatem 22 The charges thereof 25. How to acknowledge c. by Ded. Potest 25. Charges of a fine knowledged by Ded. Potestat before a Judge and exemplified 26. The charges thereof 27. How to acknowledge a fine at the bar in Court 28. The charges thereof 29. A Writ of Coâ—enant of Common 23 Of Land and Sheep walk ibid. Of wood and foldage ibid. Of wood 33. Of a Parsonage impropriate and of the moyety of Tithes ibid. Of a Mannor of rent and of free folding for sheep ibid. Of a writ of Covenant of 3 parts of 4 Messuages 4 Cottages c. 34. A writ of Covenant of Tithes ibid. A writ of Covenant of the Scite of a Monastery ibid. A writ of Covenant of divers things 35. A wrir of Covenant of Dismes and Tithes 36. A Release by fine by one to two 37. A fine sur cognisance de droit by the Husband and Wife to two ibid. A fine by Baron and Feme and another 38. A fine of a parcel in reversion by a coparcener 39 A fine by an Earl Husband and Wife to an Archbishop and another 40. A Concord from two to two with special warranty 41. A fine upon a recognisance of right as that which he hath of his right with release and warranty by Husband Wife to a third person with a general warranty 42. A Concord of many things together sur cognisance de droit come ceo c. 43 A fine of a rent 47. A fine of part of a rent by Husband Wife 48. A Praecipe with an exception and saving some parcels ibid. A Concord with a render for life to the Husband and Wife being the Conusors of parcel of Mannors and Lands contained in the writ of Covenant the remainder to the first second begotten sons of the Cognisors in tail and to the heirs males for default c. then to the Cognisors in general tail for default c. then to the right heirs of the Cognisors for ever with render and grant of 10 Messuages c. residue of the same Mannor c. to the said Cognisors 49 A fine of homage rent and services 51. A fine of a Mannor and Knights Fees and services by the Husband and Wife others 52. An old fine in Frank almoigne before Justices in Eyre in Anno 55. H. 3. 53 A Concord of Lands in the County Palatine of Lancaster 54 A Lease for reserving a Rent 55. A Lease for years rendring rent 55. A Lease for years by fine by one his wife 57. A Lease by Tenant for life for 21 years if shee lives so long 58. A Lease to the wife for 21 years to commence after her Husbands decease reserving a rent the Cognisees grant back the same reversion and rent 60. A fine of a remainder for years 62. A Lease in Reversion paying rent 63. A Lease to divers for 90 years for their lives with rent and herriots reserved c. 64. A Lease reserving a rent of 20l. with a Nomine poene and a distress 66. A fine upon Grant and render to one for term of life without impeachment of wast for 16 years after her death then the one moyety to one in fee the other to another 68 A render for life the reversion to one and his heirs males the remainder to another and his heirs 69. A Lease for life the remainder for life to the wife in the name of her Joynture with the remainder in tail bid A fine where the Husband buyeth lands and granteth them again to the Cognisors for his Wifes life 70 A Concord of divers Tenements Rent of a Rectory and Advowson c. 71 A fine of the fourth part of two Messuages the one by a Coparcener of his part c. to two strangers 72 A fine of Lands part in possession and part in reversion of a third part for term of the life of the Tenant in Dower and for term of the life of another Tenant for term of life 74 A Grant and Render of a reversion of a moyety 76 A Render to the Cognisor for one week after to a stranger for life and to his Wife for life if she keep her unmarried the reversion to another stranger and his heirs of his body upon M. his Wife begotten the remainder to another and his heirs 78 A Fine of two Reversions 79 A Grant to the Cognisee and his Wife and the heirs of their two bodies with Warranty 80 A Grant with a Render back again for
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
the Son is privy also in blood but not in estate for although the possession of the same land came to him by discent as heir to his father yet he was therein remitted forthwith to his former estate 3 And a third kind of privitie in blood tantum is where a man in some respect is privy in blood and estate and in another respect privy in blood tantum As for example if there be two brothers and the eldest purchaseth lands in Fee is thereof disseised by his younger brother afterward disseised by a stranger and that stranger dyeth thereof seised the younger brother being within age and afterwards the elder brother dyeth without issue the younger Son hath two manner of rights to the land the one is a right of entry against such heir as is in by discent during his minority but that right is only in respect of his former possession which he obtained by disseisen and not as heir to his brother and in this respect he is privy in blood to his eldest brother but not privy in estate The other right that is now in the younger brother is only a right in action and not a right of entry and this is in him as heir to his brother whose entry was taken away by the said discent in respect of his right he is privy in blood and estate to his brother Privity in estate tantum is where a man claimeth an estate in land as assignee to another as if A infeoffe B. in this case B. and his heirs are privy in estate to A. Privity in blood and in estates are of two sorts whereof the one may properly be called a privity of blood and estate the other is so called improperly and in a borrowed sence That which is properly called a privity in blood and estate is when both privities do acrew by discent by or from one Ancestor The other is when one of them acreweth by one manner of title and the other by title of another kind as for example if there be a father and a son and the father purchaseth lands and dyeth thereof seised and the same doth descend to his Son he is to his father in a proper sence privy in blood and estate because both those privities doe to him acrew by one discent from one Ancestor It is to be noted that such privies as the Statute meaneth are after the ingrossing of the Fine Proclam made according to the form of the Statute absolutely barred without hope of recovery or restraint by any claim but such as are strangers are barred only conditionally if they or their heirs do not claim according to the form of the Statute within the times therein prescribed It is a rule in Law that no error in the fault of the Judge can be assigned to reverse a Judgement unless it may be tryed by view of the Record or by inspection of the person for if it should many grave Judgements would be overthrown by corrupt tryals of false surmises to the subversion of Justice and maintenance of Vice But if the Judge give Judgement for the one party upon the matter appearing of record whereas he ought to give judgement for the other party this is reversible by error because such a fault of the Judge through ignorance of the Law is apparent by the view of the Record What persons may be Cognisors in Fines and what not AN Infant ought not to be Cognisor especially if it be a Feme covert for that she cannot reverse it during the coverture which continuing till she come to full age barreth her for ever 50 E. 3. fo 5. 21. Ass 53. * 7 H. 4. s 23. 43 E. 3. f. 20. Also no feme covert ought to levy any Fine without her husband is avoidable by the entry of him yet since a Fine levyed at this day and proclamation according to the form of the said estate of 4 H. 7. 31 Eliz. cannot be avoided by the entry of the Husband of the Cognisor as to the estate of inheritance but only to the frank tenement during the Coverture and so long afterwards as he shall be tenant by the curtesie if he had issue by his said Wife before the Fine levyed And in that case albeit the Husband do enter in 5 years or before Proclamations had and made the feme and her heirs are barred as privies to the Fine the words of the said Statute of 4 H. 7. be the Fine to be a final end and conclude as well privies as strangers and yet all strangers shall not be barred by such Fine The King is no such stranger as is comprised in the the said Act for if the Law-makers had meant to conclude the King thereby of his right then it is not to be doubted his greatness being such as it could not be forgotten but they would have made some provision for his claim which thing they have not done because they never intended to conclude him but others being bodies corporate of things that goe by way of succession are comprised in this word strangers in the body of the Act. And yet they are not contained in the letter of exception or of any of the savings which do save râ—ghts to men and their heirs speaking nothing of Corporations or successions or of any thing in succession He which intrudeth upon the Kings possession ought not to be Cognisor for his Fine is void for by his entrie upon the King after office and before livery sued he gaineth no freehold 1 H. 7. fo 9. 24 E. 3. f. 65 but if the Fine be levyed without intrusion it bindeth the Cognisor and his heirs if the Husband levies a Fine of his wives land without her it is void 32 H. 8. c. 28. If a woman be Cognisor she ought to be examined whether she do of her own free will or by compulsion of her Husband but being Cognisee she is not to be examined because it is for her benefit 3 H. 6. f. 42. E. 3. f. 7. A Woman may not levy a Fine of such lands c. as she hath in Dower Joynture or for her life or in tail of the gift of her husband or of any of his Ancestors or of any person seised to his use upon pain to loose her estate 11 H. 7. c. 20. Neither an Ideot natural nor any other person of non sane memorie ought to be Cognisors for their Fines as it seemeth may not be reversed 17 E. 3. f. 52. 78. 17 Ass 17. A Tenant for life may not without danger to forfeit his estate be Cognisor in a Fine upon grant and render but upon a grant and release he may 44. E. 3. f. 36. And he may also be Cognisee in a Fine of release without forfeiture of his estate 1 H. 7. f. 9. Rent cannot be reserved upon a Fine sur cognisance de droit come ceo que il cognisee ad del done de cognisor nor sur fine sur release otherwise than by render
afterwards be ingrossed though it be in another Term Haec est finalis Concord facta c. in Crastino pur beatae M. Et post concessa recordata in quindena Pasc c. Dier f. 220. p. 15. f. 254. p. 104. But if the King die after the Writ of Covenant be returned and the Kings silver entetred and before the Fine be ingrossed yet the Writ of Covenant shall be resummoned and the Fine ingrossed otherwise if the Kings silver be not entred 1 H. 7. And in like manner if any Commissioner or Justice before whom a Fine is knowledged chance to die or be discharged of his or their Office before the Kings silver thereof be entred then may a Writ of Certiorari be directed out of the Chancery to the Justices discharged or to Executors or Administrators of such Commissioners or Justices so dying commanding them to certifie the note of the said Fine and Concord Fitz. f. 174. b. 8 H. 4. f. 5. 1 H. 7. f. 9. which being returned the Fine may proceed and be ingrossed A Fine knowledged of lands holden in Capite ought not to be ingrossed before a Licence of Alienation be sued out thereupon 33 H. 6. f. 52. and a Writ of quod permittat finem levari c. A Fine of a reversion ought not to be ingrossed until the Tenant for term of life atturn for until atturnment he is dispunishable of wast neither can the Cognisee avow upon him for the rent behind before Atturnment 22 H. 6. f. 13. plow f. 431. b. And the Cognisee may compell such Tenant for life to atturn by quid Juris clamat and if the Fine be of services he is compellable to atturn by a Writ of per quae servitia if of rent by a Writ of quem redditum reddit No. na br f. 47. a. b. and such Writs must be sued after the note of the Fine knowledged and the Kings silver entred and before it be ingrossed And by the Statute of 23 Eliz. ca. 3. notes of Fines and Concord knowledged for the levying of Fines are to be certified within one year next after the knowledging thereof or else the person taking knowledge of such Fines is not bound to certifie the same Neverthelesse if it be certifyed afterwards it is good enough Thus having briefly discovered the impediments that hinder the certifying ingrossing of Fines knowledged and having left nothing untoucht of the proceeding in suing forth Fines let us go on to the subject matter the very forms of Fines and Concords A Writ of Covenant of Common COmmand c. of three Messuages c. with appurtenances in D. and T. and of Common of pasture for all and all manner of beasts and of pasture for 400 sheep with the appurtenances in D. in the Parish of C. And unlesse he shall do it then summon by good Summoners c. Of Land and Sheep walk COmmand c. of one Messuage one Curâ—ilage one Garden c. and five pounds rent with the appurtenances in F. Also of liberty of one Foldage and of Sheep walk with the appurtenances in F. And unlesse c. Of Wood and Foldage COmmand c. of one hundred acres of wood with the appurtenances in N. and of the liberty of Foldage for 40 sheep wirh the appurtenances in S. And unlesse c. Of Wood. COmmand oâ— c. and four roods of Wood c. in the Parishes of B. and L. c. COmmand c. of 2 parts in 3 parts to be divided 8 acres of land 40 acres of pasture 40 acres of fresh and marish land with the appurtenances in D. c. And unlesse c. Of a Parsonage impropriate and of the Moyety of tithes COmmand c. of the Rectory impropriate of H. with the appurtenances of the moiety of all the tithes of Grain Corn Herbage and Hay of the lands called the B. laâ—ds with the appurtenance in H. aforesaid c. And unlesse c. Of a Mannor of rent and of free-folding for Sheep COmmand c. of the Mannor of c. And ten shillings rent and of free-folding for sheep with the appurtenances in R. and of the hundred of L. And unlesse c. A Writ of Covenant of 3 parts of 4 Messuages 4 Cottages c. COmmand W. S. that he hold Covenant c. of the 3 part of 4 Messuages 4 Cottages one Mill 10 Gardens 10 Orchards 200 acres of Land 200 acres of Meadow 200 acres of Pasture 30 acres of Moor 30 acres of Turbarie and 5 s. rent with the appurtenances in A. B. C. D. and of the third part of the view of frank pledge of the goods and Chattles waived of Fugitives put in exigent felons de se deodands treasure found and extrahur with the apurtenances in M. c. Also of the third part of the Rectorie of the Church of K. with the appurtenances And unlesse c. A Writ of Covenant of Tithes Leic. ss COmmand T. N. Knight that he hold Covenant c. of the profits of Grain Hay Wool and Lambs and of all other Tithes with the appurtenances in M. And unlesse c. A Writ of Covenant of the Scite of a Monastery Derb. ss COmmand A. B. that he hold Covenant to C. D. of the Scite of the Monastery of B. with the appurtenances and of 20 Messuages c. and of Common of Pasture for all manner of beasts and of 100 shillings rent and of the rent of henns and rent work with the appurtenances in â— and F. And unlesse c. And the Concord is such to wit that the aforesaid A. B. hath recognised the aforesaid Scite Tenement Common of Pasture and rents with the appurtenances to be the right of the said C. as those c. with release and Warranty c. A Writ of Covenant of divers things Linc. ss COmmand F. M. Esq and T. M. Son and Heir apparent of the â—ame F. that they hold Covenant to F. F. and N. R. Gentlemen c. of the Mannors of T. S. and H. near N. upon Trent And of 40 Messuages 20 Cottages 40 Tofts 30 Barns 2 Water-mills 1 Wind-mill 3 Dove-houses 40 Gardens 40 Orchards a thousand acres of land a thousand acres of Meadow 1000 acres of pasture 500 acres of wood 100 acres of Marish 100 acres of Furres and Heath 100 acres Willows 100 acres Rushes 500 acres of Moor 4 l. rent and the rent of half a pound of pepper with the appurtenanceâ— in T. c. And also 50 Mines of Coal with the appurtenances in T. S. and also of the Advowson of the Church of T. and H. And unlesse c. A Writ of Covenant of Dismes and Tithes Notting ss COmmand D. F. that c. he â—old Covenant to R. Y. Esq c. of the Titnes of Sheafs Grain and Hay with the appurtenances in R. and W. and of the tithes af Hay in V. also of the tithes of Wool Lambs Offerings Obventions and
shall remain after to the right heirs of the said T. and F. for ever to hold c. And furthermore the same E. and R. have granted to the aforesaid T. and F. ten Messuages c. with the appurtenances in B. and C. aforesaid being the residue of the aforesaid Mannor Tenements and Rent aforesaid And those to them they have rendred in the same Court c. A Fine of homage rent and services Salop. ss COmmand E. T. Esquire that he hold to N. P. Covenant of one acre of land and fifteen shillngs rent with the appurtenances in G. and F. Andunlesse c. And the Concord is such to wit that the aforesaid E. T. hath recognised the aforesaid acres of land with the appurtenances to be the right of him the said N. as that which the said N. hath by the gift of the aforesaid E. And that he hath remised and quite claimed from himself and his heirs to the aforesaid N. and his heirs for ever And the aforesaid E. hath granted to the aforesaid N. the aforesaid rent together with homage and all service of the said J. H. and his heirs for so many tenements as the aforesaid E. first held in F. aforesaid to have perceive and enjoy the aforesaid rent together with the homage and all the service to the aforesaid N. and his heirs for ever And the aforesaid E. and his heirs will warrant to the aforesaid N. and his heirs the aforesaid acre of land and the rent aforesaid with the appurtenances together with the homage and all the service aforesaid soe as it is said against all men for ever And for this c A Fine of a Mannor and Knights fees and services by the Husband and Wife and others BBtween H. W. and J. B. plaintiffs and T. M. Knight and T. son of the same T. and E. wife of the same T. the Son and W. M. Deforcients of the Mannor of T. with the appurtenances whereof plea of Covenant was summoned between them in the same Court to wit that the aforesaid T. T. E. and W. have recognised the aforesaid Mannor with the appurtenances to be the right of him the said H. as that which the same H. and I. have by the gift of the aforesaid T. T. E. and W. together with seven Knights Fees in the same Mannor And have granted to the aforesaid H. and I. the aforesaid Mannor and Fees with the appurtenances together with the homages and all services of M. W. and I. N. and their heirs of so many Tenements as of the aforesaid T. T. E. and W. first they held in the same Mannor and those to them they have rendred in the said Court. To have and to hold to the same H. and I. and the heirs of the said H. of the chief Lords of that fee by the services which to the aforesaid Mannor and Fees pertain for ever And moreover the same T. T. E. and W. have granted for themselves and the heirs of him the said E. that they will warrant to the aforesaid H. and I. and the heirs of him the said H. the aforesaid Mannor and Fees with the appurtenances as aforesaid against all men for ever And for this Recognisance Grant Warranty Fine and Concord the said H. and I. have given to the aforesaid T. T. E. and W. twenty pounds sterling An old Fine in Frank almonie before Justices in Eyre in Anno 55. of King Henry the third THis is the final Concord made in the Court of the Soveraign Lord the King at Lincoln in 8 days of St. Michael In the year of the raign of Henry Son of King John the 55. before R. A. G. P. W. W. W. H. and I. O. Justices Itinerate and others of the Soveraign Lord the Kings faithfull Subjects then there present between J. D. plaintiff and the Prior of C. Deforcient of the Advowson of the Church of D. with the appurtenances whereof plea of Covenant was summoned between them in the same Court to wit that the aforesaid I. hath recognised the aforesaid Advowson with the appurtenances to be the right of him the said Prior and of his Church of S. Mary of C. as that which the said Prior and his Church have by the gift of W. Son of W. ancestor of the said I. whose heir he is To have and to hold to the said Prior and his successors and his Church aforesaid of the aforesaid I. and his heirs in pure and perpetual free almes free and quit from all secular service and execution for ever and the aforesaid I. and his heirs will warrant acquit and defend the same Prior and his successors and his Church the aforesaid advowson with the appurtenances c. And for this c. the same Prior hath remitted to the aforesaid I. all the benefits and prayers which hereafter shall be made in his Church aforesaid for ever A Concord of lands in the County Palatine of Lancaster Lancaster THis is the final Concord made in the Court of the Lord Protector at L. the 15 day of June in the year of our Lord 1654. before I. C. third Baron of the Exchequer of the Lord Protector and F. R. one of the Serjeants of the Lord Protector at Law Justices of the Lord Protector at L. and other faithfull men of the Lord Protector then there present between H. T. and R. H. plaintiffs and W. C. Gent. Deforcient of one Messuage c. with the appurtenances in T. whereof plea of Covenant was summoned between them in the same Court to wit that aforesaid W. hath recognised c. A Lease for years reserving a rent Ebor. ss COmmand F. T. and M. his Wife that justly c. they hold to I. H. and K. his Wife Covenant c. And the Concord is such to wit that the aforesaid E. and M. have granted the Tenements aforesaid with the appurtenances to have and to hold to the said I. and K. from the Feast c. which shall be in the year c. to be compleat if the aforesaid M. shall so long live yeelding therefore at the Feasts c. by equal portions to be paid during all the Term aforesaid c. And if it happen c. Quaere whether this be a good lease at this day against issue in tail A Lease for years rendring rent Ebor. ss COmmand T. P. Esq and W. Gent. that justly c. they hold to I. W. and E. M Covenant c. of one messuage c. with the appurtenances in H. and B. and of a free fishing in the water of B. and unlesse c. And the Concord is such to wit that the aforesaid T. and W. have recognised the tenement and free fishing aforesaid with the appurtenances to be the right of him the said I. as that which the said I. and E. have by the gift of the aforesaid T. and W. and that they have remised and quite claimed from themselves and their heirs to the aforesaid I.
appurtenances in little S. And unlesse c And the Concord is such to wit that the aforesaid C. and D. and R. have recognised the tenements aforesaid with the appurtenances to be the right of him the said H. as those c. and those they have remised c. And furthermore c. And for this c. the aforesaid H. and C. have granted to the aforesaid R. the Tenements aforesaid with the appurtenances and those to him they have rendred in the same Court. To have and to hold the Tenements aforesaid with the appurtenances to the aforesaid R. all the life time of the said R. and immediatly after the decease of the said R. the tenements aforesaid with the appurtenances shall wholly remain to M. the Wife of the said R. her executors or assigns for the Term of 21 years from thence next following and fully to be compleat yeelding therefore yearly to the aforesaid H. and C. and the heirs of the said H. one annuity or yearly rent of 5 pounds of lawfull money of England at the Feast of St. Martin the Bishop and Pentecost by equal portions yearly during the said Term to be paid The first payment thereof to begin at the next feast of the feasts aforesaid after the decease of the aforesaid R. And if it happen the aforesaid annuity or yearly rent of 5 l. to be in arrear c. Also the aforesaid H. C. have granted to the said C. C. D. as well the reversion of the Tenements with the appuetenances as the aforesaid Rent of 5 l. thereupon reserved And those to them they have rendred in the same Court. To have hold and perceive the aforesaid reversion of the tenements aforesaid with the appurtenances and the rent aforesaid to the aforesaid C. C. and D. and the heirs of her the said D. for ever A Fine of a remainder for years York ss COmmand c. C. N. and T. T. that they hold to M. B. and E. D. Covenant c. of c. And unlesse c. And the Concord c. that whereas I. R. hath and holdeth â—â— himself and the heirs â—â— his body lawfull begotten the tenements aforesaid with the appurtenances the remainder thereof after the decease of the said I. if the said I. shall die without heir of his body lawfully begotten to the aforesaid C. and his heirs belonging the said C. and T. have granted the tenements aforesaid with the appurtenances to the aforesaid M. and E. and the heirs of M. for ever To hold c. And the aforesaid C. and his heirs will warrant to the aforesaid M and E. and the heirs of him the said M. the Tenements aforesaid with the appurtenances as aforesaid against all men for ever And for this grant render warranty fine and Concord the said M. and E. have granted to the aforesaid T. the tenements aforesaid with the appurtenances and those to him they have rendred c. To have c. to the said T. and his assigns from the Feast of St. Martin in Winter next after the decease of the aforesaid J. if the said J. shall die without heir of his body lawfully begotten unto the end of the term for the term of one thousand five hundred years from thence next following and fully to be compleat without impeachment of any wast yeelding therefore yearly to the aforesaid M. and E. and the heirs of him the said M. one penny at the Feast c. yearly to be paid all the term afoâ—â—â—aid if it shall be demanded And after that term ended the aforesaid Tenements with the appurtenances wholly shall remain to P. T. one of the Sons of the aforesaid T. and the heirs of him the said T. for ever c. ut supra A Lease in reversion paying rent North. ss COmmand A. B. and E. his Wife â—hat they hold to C. D. Covenant c. of one Messuage c. And the Concord is such to wit that the aforesaid A. B. and E. have granted the tenements aforesaid with the appurtenances to the aforesaid C. D. and his assigns And those in the same Court to the aforesaid C. D. have rendred To have and to hold to the same C. D. from the Feast of Pentecost which shall be in the year of our Lord c. unto the end of the Term of one and twenty years from thence next following and fully to be compleat yeelding therefore yearly to the aforesaid A. B. and E. and the heirs of him the said E. seven pounds of lawfull money c. at the Feasts of St. M. the Bishop in winter N. A. P. by even portions yearly during the term aforesaid to be paid And for this c. A Lease to diverse for 90 years if the parties live so long reserving a rent and the best beast after the death of every Tennant in the name of an Herriot Lond. ss COmmand I. R. Esq and M. his Wife and T. B. that they hold to R. C. and V. C. covenant of one Messuage c. And the Concord is such to wit that the aforesaid I. M. and T. have recognised the tenements aforesaid with the appurtenances to be the right of him the said V. as those c. With a release and warranty And for this c. the said R. and V. have granted to the aforesaid T. B. the aforesaid tenements with the appurtenances and those to him they have rendred in the same Court. To have and to hold to the same T. and I. his Wife B. B. and T. â— sonne of the said T. so long as they shall live or so long as any one of them shall live yielding therefore yearly to the said R. and V. and the Heirs of him the said V. 4 pounds of lawfull money of England at the Feasts of the Annuntiation of the blessed Virgin Mary of the natiâ—vity of St. John the Baptâ—ist St. Michael the Arch-angel and the nativity of our Lord by equall portions yearly to be paid all the Term aforesaid and paying after the decease of T. B. the Father and after the decease of every Tenant thereof his best Beast in the name of an Herriot And if it happen the aforesaid rent of 4 l. to be behind and unpaid in part or in all after any Feast of the said Feasts in which as aforesaid it ought to be paid or if it happen the aforesaid best Beast in name of a Heriot to be unpaid or substâ—acted as aforesaid to be paid after the decease of every one of the Tennants of the premises That then it shall be lawfull for the aforesaid R. and V. And the Heirs of him the said R. into the aforesaid Tenement with the appurtenances to enter and distrain the distresses so there taken and had lawfully to lead bear and drive away and in his custody to retain untill of the aforesaid rent of four pounds and the arrerages thereof if any shall be together with the best Beast aforesaid
Moor and Marish with the appurtenances in J. alias I. W. and N. And unlesse c. And the Concord is such to wit that the aforesaid R. H. hath recognised the Mannors and Tenements aforesaid with the appurtenances to be the right of the aforesaid R. B. as those which the said R. c. have by the gift of the said R. H. And those he hath remised and quit claimed from him the said R. and his heirs to the aforesaid R. c. and the heirs of him the said R. B. for ever And furthermore the same R. H. hath granted for himself and his Heirs that he will warrant the warranty Mannors and Tenements aforesaid with the appurtenances to the aforesaid R. c. and the heirs of him the said R. for ever And for this c. This is the Fine as it is ingrossed of Record whercof the Fine next before is but the Note THis is the final Concord made in the Court of the Lord Protector at c. tali die c. in the year c. before I. T. Esq Justice of the said Lord Protector of Chester at Chester and other faithfull c. then there present Between R. B. R. H. and H. H. Plaintiffs and R. H. of P. Esq Deforcient of the Mannor of I. with the appurtenances and of c. whereof plea of Covenant was summoned between them in the same Court to wit that R. H. hath recognised the Mannors and Tenements aforesaid with the appurtenances to be the right of the aforesaid R. B. as those which the same R. R. and H. have by the gift of him the said R. H. And those he hath remised and quite claimed from him the said R. and his Heirs to the aforesaid R. c. and the Heirs of the said R. B. And turthermore the same R. H. hath granted for himself and his Heirs that he will warrant the Mannor and Tenements aforesaid with the appurtenances to the aforesaid R. B. and H. and the Heirs of him the said R. B. for ever And for this Recognisance Warranty Fine and Concord the same R. c. have given to the aforesaid R. H. 100 pounds of silver The nine Proclamations of the Fine next before made according to the Statue of 2 Ed. 6. made for Fines with Proclamations within the County Palatine of Chester ☞ THe first Proclamation was made on Wednesday in that same Sessions The second Proclamation was made Thursday in the very same Session The third Proclamation was made in full Sessions here at c. holden the day c. in the year c. Et sic de caeteris c. Note Three Proclamations in every Sessions A Fine knowledged by A. B. to T. F. and G. H. of a Mannor with warranty against all men and the Conusees in the same Fine grant and render again the said Mannor to the said A. B. for one week and afterwards to N. M. for 21 years to begin after the Feast of St. Martin the Bishop in winter reserving a red Rose at Midsummer if it be asked And after the end of the said Term of 21 years the said Mannor c wholly to remain to the said A. B. the Conusors and his heirs for ever COmmand A. B. that justly c. he hold to T. F. and G. H. the Covenant of the Mannor c. The warranty And the Concord is such to wit that the aforesaid A. hath recognised the Tenement aforesaid with the appurtenances to be the right of him the said T. as those which the same T. and G. have by the gift of the aforesaid A. And those he hath remised and quite claimed from himself and his heirs to the aforesaid G. and his heirs for ever And furthermore the same A. hath granted for himself and his heirs that he will warrant the Tenements aforesaid with th' appurtenances to the aforesaid T. G. the heirs of him the said T. against all men for ever And for this c. the said T. and G. have granted and in the same Court rendred the Tenements aforesaid with the appurtenances to the aforesaid A. The render for one week And after that Term ended the Tenements aforesaid with the appurtenances shall wholly remain to N. M. and his assigns for the term of 21 years after the Feast of S. Mart. the Bp. in winter next to come immediatly following and fully to be compleat Yielding therefore yearly to the aforesaid T. G. and the heirs of him the said T. during all Term aforesaid one red Rose at the Feast Rent of the Nativity of S. John the Baptist if it be asked And after that Term ended the Tenements Remainder in fee to the Conusor aforesaid with the appurtenances shall wholly remain to the aforesaid A. and his heirs for ever c. A Fine knowledged by R. B. of two Messuages c. to I. A. with warranty against all men and the Conusee granteth the premises again to the Conusor for one week and afterwards to one W. B. for life reserving a rent and afterwards to the Conusor for his life and after to S. B. his wife for her life and after to J. B. son of the Conusor and his wife for life and afterwards the said Conusee granteth the reversion of the premises and the rent to the said R. B. the Conusor and his heirs for ever COmmand R. B. Gent that justly c. he hold to I. A. the Covenant c. of two Messuages c. And unlesse c. warranty And the Concord is such to wit that the aforesaid R. hath recognised the Tenements aforesaid with the appurtenances to be the right of him the said I. A. as those which the same I. hath by the gift of the aforesaid R. B. and those he hath remised and quite claimed from himself and his Heirs to the aforesaid I. and his Heirs for ever And furthermore the same R. B. hath granted for himself and his Heirs that he will warrant the Tenements aforesaid with the appurtenances to the aforesaid I. A. and his heirs against all men for ever And for this recognisance c. the same I. hath granted to the aforesaid R. B. c. and those to him he hath rendred in the The render same Court. To have and to hold the Tenements aforesaid with the appurtenances to the aforesaid A. R. B. for term of one week and after that term ended the remainder to W. B. for term of the life of him the said W. B. Yielding therefore by the year to the aforesaid Rent I. A. and his Heirs 40 l. at 4 Terms of the year viz. at c. by equal portions to be paid And after the decease of him the said R. B. the remainder thereof to S. B. wife of the aforesaid R. for term of the life of her the said S. Yielding ut supra And after the decease of her the said S. B. the remainder thereof to I.
he putteth himself upon the Countrey And the aforesaid W. likewise Therefore c. Born before marriage And the aforesaid I. P. and A. acknowledge not that they who were parties to the Fine aforesaid nor any of them ever had or have had any thing in the tenements and advowson in the aforesaid Fine contained and say that the aforesaid E. as son and Heir of the aforesaid W. execution of the tenements and advowson against them ought to have because they say that the same W. took to wife one M. which said M. was espoused to the same W. at E. in the County of S. and there the espousals between them were celebrated and say that the sâ—me E. was born at C. in the County of S. beâ—ore marriage And this they are ready to verifie by the Countrey of the aforesaid County of S. and as the Court here shall consider whereof they pray Judgement if the same E. execution of the tenements and Advowson aforesaid as son and Heir of the aforesaid E. in this behalf against them ought to have c. And the aforesaid E. acknowledgeth not any the things by the aforesaid I. P. and A. above alledged and saith that he for any the matters before alledged from execution of the tenements and advowson aforesaid by virtue of the Fine aforesaid ought not to be barred or repelled for that he saith that the aforesaid W. his Father took to wife the aforesaid M. to wit at M. in the said County of E. and there the espousals between them in a lawfull manner and according to the Ecclesiasticall Court were celebrated and saith that hethere within the espousals between them the said W. M. celebrated was born and begotten and this c. by the Countrey of the aforesaid County of E. and as the Court here shall consider whereof he prayeth Judgement and Execution c. and the aforesaid I. P. c say that the aforesaid E. was born at C. in the aforesaid County of S. before the spousall between the aforesaid W. and M. celebrated and this as before he was ready to verifie by the Countrey and as the Court here shall consider c. And the aforesaid E. saith that he was born and was begotten within the espousal between the aforesaid W. and M. celebrated to wit at M. in the aforesaid County of E. and this as before he is ready to verifie by the Countrey of the aforesaid County of E. and according as the Court here shall consider and because it seemeth to our Court here that the issue of the Plea aforesaid by men of both the Counties aforesaid ought to be tryed therfore it is commanded to both Sheriffs of the Counties aforesaid Triall that both of them cause to come here tali die twelve c. by whom c. A Writ to the Bishop to certifie Bastardy THe King to I. by the same grace Lord Bishop of L. greeting Whereas I. M. son of P. of the Brother of G. B. in our Court before us by our certain Writ whereupon he certified that he impleaded I. A. and P. G. of a certain Messuage with the appurtenances in Fee and they the said I. A. and P. according to due premunition by virtue of our said Writ to him made before us they appearing alledged him the said I. to be a Bastard this pretending to verifie and for that cognizance of such like cause meerly belongeth to the Ecclesiasticall Court we command you that yee call forth before yee any which in that behalf shall seem fit to be called forth and diligently thereupon yee make inquisition and the whole truth thereof by your Letters under your seal sealed to us in eight c. wheresoever then we shall be in England ye render more certain and this Writ to us now ye send back T. c. And now here at this day came as well the Return of the Scire facias aforesaid I. B. by B. his Atturney as the afores I. H. in his proper person and the Sheriff returneth that he hath made to know to the same I. H. of being here at this day c. to shew in form aforesaid by N. B. c. honest c. And hereupon the aforesaid I. B. prayeth against the aforesaid I. H. execution c. And the aforesaid I. H. saith that the aforesaid I. B. execution of the Messuage aforesaid with the appurtenances by virtue of the Fine aforesaid I. to whom the plaintiff maketh himself Heir was seised whose estate the tenant hath against him ought not to have for that he saith that the same I. was seised of the same Messuages with the appurtenances in his demeasne as of Fee-tail by virtue of that Fine the estate of which said I. the aforesaid I. H. now hath in those Messuages with the appurtenances and so he saith that the Fine aforesaid was executed in the person of the aforesaid I. by his seisin by virtue of that Fine and this he is ready to verifie whereupon he prayeth Judgement whether the aforesaid I. B. execution of the Messuages aforesaid with the appurtenances by virtue of the Fine aforesaid in form aforesaid executed in this case against him ought to have c. And the aforesaid I. B. saith that he from having execution of the Messuages aforesaid with the appurtenances against the aforesaid I. H. for any the mattrrs before alleged ought not to be excluded for that he saith that the aforesaid I. was not scised of the aforesaid Messuages with the appurtenances by virtue of the Fine aforesaid in form wherein I. H. above hath alledged and he prayeth that this may be inquired by the Countrey and the aforesaid I. H. likewise therfore 12. c. And the aforesaid T. R. as to eight Acres of Wood with the appurtenances in the aforesaid Town of H. whereof execution now is prosecuted against him saith that the aforesaid R. and H. who were parties to the Fine aforesaid at the time of the levying of the same Fine before or after had nothing in the same wood with the appurtenances whereof c. as of Free-hold but that one I. M. then was thereof seised in his demeasne as of Fee the estate thereof of which said I. the aforesaid T. R. now hath the day of the obtaining of the aforesaid Writ of Scire facias had in that wood with the appurtenances and this he is ready to verifie whereupon he prayeth Judgement whether the aforesaid P. son of P. execution of the same eight Acres of wood with the appurtenances by virtue of the Fine aforesaid in this case against him ought to have c. and as to the aforesaid 100. shillings of Rent with the appurtenances in the same Town of H. whereof execution likewise is now prosecuted the same T. further saith that he is not thereof Tenant perceiver nor deforcient of that Rent with the appurtenances nor Tenant of the tenements from whence the same Rent with the appurenances commeth
as of Free-hold nor was at the day of the obtaining of the aforesaid Writ of the said Scire facias or ever afterward And this he is ready to verifie whereupon as to that Rent with the appurtenances he prayeth Judgement of the Writ c. And the aforesaid P. Son of P. as to the said Rent of 100. shillings saith that the day of the obtaining of his Writ of Scire facias to wit the day c. year c. the aforesaid T. R. was tenant as of Free-hold of twenty Acres of Land with the appurtenances in the aforesaid Town of H. whence that Rent with the appurtenances encreaseth And saith that the same T. then was deforcient of the same Rent with the appurtenances as of Free-hold as by the same writ is supposed And prayeth at his perill execution of the same Rent with the appurtenances against him to be adjudged c. therefore c. as to that Rent with the appurtenances it is considered that the aforesaid P. son of P. have thereof execution at his perill against the aforesaid T. R. by virtue of the Fine aforesaid c. And as to the aforesaid eight Acres of wood with the appurtenaeces whereof c. the same P. son of P. saith that at the time of the levying of the Fine aforesaid The aforesaid T. and G. who were parties to that Fine were seised of the same wood with the appurtenances whereof c. in their demeasne as of Fee c. as by the same it is supposed And this he prayeth that it may be enquired by the Countrey and the aforesaid T. R likewise therefore as to this issue 12. c. Know you that it is considered in our Court c. that P. B. son and Heir of P. B. have execution against T. R. of 100. shillings of rent with the appurtenances in H. by virtue of a Fine thereof levyed in the Court of the Soveraign C. late King c. at W. in eight c. in the year c. before W. B. and his Associates then Justices of the same c. of the Bench between R. c. plaintiff and T. P. and B. his wife deforcients of the rent aforesaid with the appurtenances and of other Lands and Tenements in the same Fine contained by default c. And therefore we command you that to the same P. of the rent aforesaid with the appurtenances without delay plenary execution and seisin you cause to have T. c. Know you that it is considered in the Court c. that R. son and heir of R. have seisin and execution against R. D. of the Manor of A. with the appurtenances in your County by the default of the aforesaid R. by virtue of a note of a certain Fine lately levyed in the Court of the aforesaid C. late King c. at Westminster tali die Anno c. before R. B. and his Associates Justices of the aforesaid late King of the Bench and afterward in eight c. in the Habere facias seisinam sur recovery upon default in a Scire fac year c. there granted and recorded before the same Justices and others faithfull of the same late King then there present between R. of A. c. plain tiff and I. of S. and E. his wife deforcients of the Manors of O. and R. with the appurtenances in the County of N. and of the aforesaid Manor of A. in your County And therefore we command you that to the same R. son of R. of the aforesaid Manor of A. with the appurtenances without delay plenary sesin and execution you cause to have T. c. Afterward die loco c. came the within-named Recite of â— Feme Covert upon her busbands default R. W. in his proper person and the within named W. N. being solemnly exacted came not but I. the wife of the same W. within named in her proper person came and saith that the Manors within specified are the right of het the aforesaid I. and that she is ready to shew that the aforesaid R. W. execution of those Manors by virtue of the fine within written ought not to have whereupon she cometh before Judgement yeelded being ready thereof to answer to the aforesaid R. and to defend her right and prayeth that she by the default of the aforesaid W. her husband may not lose thereof her right but that she may be admitted thereof to the defending of the right of her the said I. c. Certain causes of the nature and form of a Scire Facias upon a Fine Surplusage ANd a Scire Facias to execute a Fine must agree with the Fine and then it is not materiall if one thing be twice demanded therby as a Manor and a hundred parcell of the same Manor 27 H. 8. 2. Vpon the note A Scire facis may be sued upon the note of the Fine before it be ingrossed by the Chirographer 22 H. 6. 13. A fine before memory Of Land in in lieu of the services But of a Fine levyed before time of memory a man shall not have execution by Scire facias 1 E. 4. 6. Contr. 16 H. 7. 9. Where a Fine executory is levyed of a Seigniory if the Land escheate or the Tenant be fore-judged c. the Cognisee shall have a Scire facias of the Land in lieu of the services 48 E. 3. 11. A Mittimus maketh no mention whether the Fine be ingrossed or no but whereas a certain Fine was levied c. 22 H. 6. 13. If a Fine be levyed to A. in tail the remainder to B. in tail the remainder to C. in Fee And the Record is sent into the Chancery and the first tenant in tail dieth without issue the Record commeth back into the Bench by Mittimus at the suit of him in the first remainder and thereupon he had a Scire facias to execute the Fine and died without issue before execution had he in the remainder in Fee shall not hereupon have a Scire facias without a new commandement because the Record was once out of the Court and come again at the suit of him in the first remainder unto whom he in the remainder in Fee is an estranger yet the issue of him which removed the Record in this case might have a Scire facias without any new commandement because he is privy 14 H. 7. 16. 9 E. 4. 15. 11 E. 4. 13. If two sue a Scire facias to execute a Fine and the one dieth the survivor shall have a Scire facias without any new commandement 1 E. 4. 13. But if divers persons as Heirs unto A. B. pray a Scire facias it is not grantable untill they have sued severall Writs to the Justices of the Bench commanding them to make execution 11 E. 4. 13. T 21 E. 4. Coment Cozen and Heir In a Scire facias to execute a Fine as Cozen and Heir to him in the remainder or reversion
after the death of the particular tenant the plaintiff needeth not to shew how Cozen and Heir so long as the Plea hath continuance by idem dies c. given to the tenant nor at his appearance nor untill the plaintiff pray execution And then the * How Cozen and Heir Coment Cozen and Heir is to be entred thus in the Roll only And the aforesaid I. saith that he is Cozen and Heir of I. W. that is to say son and Heir of T. W. of the Brother and Heir of the same I. W. 33 H. 6. 54. 41 Ed. 3. 13. and 24. 8 H. 4. 31. Bastarday In Scire facias by him in the remainder upon an estate tail against A. B. supposing the donee to be dead without issue if A. B. plead that he is issue to the donee and the plaintiff replyeth that he is a bastard it is a good replication 40 E 3. 16. Vpon estate executed Scire facias upon a Fine levyed to T. R. and W. and to the Heirs of the body of R. the remainder to the right Heirs of the said W. T. died and R. died without issue and W. survived and died his Heirs need no Scire facias to execute this Fine because it is executed in his life by the union of the Fee and Franktenement in W. 40 E. 3. 20. And so if a Fine be levyed to a Baron and Feme and to W. and his Heirs and he dieth and then the Baron and feme do dye the Fine is executed for one moiety in the life of W. Fitzh Scire facias 19. 43 E. 3. 9. 24 E. 3. 57. Ayd Tenant for life in Scire facias had aid of him in remainder 41 E. 3. fo 16. 20. 22 E. 3. 12. Death shewed In formedone in reverter or remainder the demandant must mention the death of every one which had estate and survived his Ancestor but not so in a Scire facias surfine 42 E. 3. 19. Severall estates If the plaintiff have severall estates created by one Fine he needeth but one Writ of Scire facias 43 E. 3. 11. though it be of severall things against severall tenants 11 H. 4. 15. 21 E. 3. 14. 24 E. 3. 25. Default If in a Scire fa. the Sheriff return the party summoned and he appear not execution shall be awarded 43 E. 3. 13. Reversion If a Fine sur cognisance de droit come ceo c. be levyed of a reversion by the name of the Land it is not executory 43 E. 3. 15. Seigniory If the services escheat after a Fine levyed of the Seigniory the Cognisee shall have execution of the Land escheated 48 H. 3. 11. Of things out of the Writ A Scire fa. lyeth sometimes of things not comprized in the Writ as if in a Fine sur release the Cognisee render rent in tail 48 E. 3. 8. Execution by entry of him in remainder If Land be given by Fine for life the remainder to Baron and Feme in tail and the Baron dieth and then the Tenant for life dieth and the Feme entreth the Fine is executed so as their issue needeth no Scire facias 49 E. 3 12. Of a reversion Scire fa. lyeth for the donor in tail against any that abated after the death of the donee in tail by Fine without issue 22 E. 3. 12. Upon generall non tenure pleaded the plaintiff Non tenure generall or special Nihil returned may take execution at his perill But speciall non tenure seemeth a good Plea 7 H. 6. 25 A man shall not have excution upon nihil returned because the tenant may be summoned in the Land demanded 24 E. 3. 25. Half blood If a Fine be levyed to husband and wife in tail the remainder to his right Heirs and they having issue the husband dyeth the wise hath issue by another husband and dieth the issue by the first husband entreth and dyeth without issue and his next heir entreth as into the remainder in Fee against whom the issue by the second husband bringeth a Scire fa. and recovereth by reason that the Fee could never execute in possession in the Elder Brother during the State-tail 24 E. 3. 30. and 62. Feoffment Feoffment with warranty from the plaintiffs Ancestor is a good Plea in a Scire fa. upon a Fine 22 H. 6. 39. The Heir shall have his age in Scire fa. Contr. Westm 2. ca. 45. 24 E. 3. 28. and 60. What Fines with Proclamations bar not the issue in Tail NO Fine levyed by tenant in tail barreth his issue maintenant but where the tenant in tail is Cognisor as if tenant in tail bring a Writ of Covenant against an estranger and he recognize the Land to be the right of the tenant in tail as that which he hath of his gift c. and the tenant in tail grant and render the Land to the Cognisor for years yeelding rent c. and die this Fine is void against the issue in tail M. 10. and 11 Eliz. Dyer fo 279. p. 7. 36 H. 8. Br. Fines 118. A Fine with Proclamation levyed by tenant in tail the reversion or remainder being in the King bindeth not the issue in tail as it seemeth Br. Fines 121. But if such Lands were entailed by the King such Fine barreth not the issue in tail 32 H. 8. Cap. 36. If an estranger levy a Fine to tenant in tail sur cognizance de droit come ceo que il ad de son done and he rendreth to him a rent in Fee and dye after Proclamation yet the issue in tail may avoid it for he is remitted and the rent is another thing then the Land 15 E. Plo. fo 435. per Thornton If tenant in tail of an Advowson grant and render by Fine the nomination of the Clerk it is void 15 Eliz. Plo. f. 435. b. per Thornton If tenant in tail of a rent disseife the Tenant of the Land and levy a Fine with Proclamation of the Land the issue in tail is not barred for the rent because rhe Fine was not levyed of the rent but of the Land per Thornton and granted 15 Eliz. Plo. f. 435. b. If tenant in tail grant a rent by Fine his issue may avoid it 15 Eliz. Plo. 436. 14. A. ss p. 4. What time after a Fine levyed and Proclamation made any man hath to enter or claim by action or otherwise and who are thereby barred forthwith and who not Hitherto of the forms and execution of Fines now let us see how they may be avoyded .. TO know what time persons that have cause toenter or claim may enter or clai master a Fine levyed many things are to be weighed for some persons have more time and some less for the discussing of which question we must not only consider the quality of the persons that should claim or enter but also the quality of their rights and estates And the persons be
367. b. 377. a. And it is there adjudged Non sanae memoriae Madmen and lunaticks estrangers to fines have the like liberty to enter or claim that Infants have for their indiscretion 1 R. 3. c. 7 4 H. 7. c. 24. Yet as it seemeth if nonsanity of memory happen after the fine levyed and before the last Proclamation be made the parties be not tyed to make claim or entry during the first five years but shall have five years after they be cured of their said maladies because they grow by the act of God Plow fol. 375. a. and 366. a. Coverture And a feme Covert being an estranger to a fine hath five years after she be discovert to pursue her right for that during the Coverture she wanted power to do the same without her husbands consent who perchance would neither do it nor suffer it to be done howbeit if a feme sole being an estranger to a fine and have present right c. take a husband who suffereth the five years to incur she is thereby barred for ever because it was her own voluntary act and folly to marry such a husband Plow fo 336. a. Imprisonment Estrang to fines impris at the time of the fine levyed have the like liberty to avoid fines that Infants have because the Law intendeth that prisoners are so closely and straightly kept from the conference of others that they know not what happeneth abroad and also want liberty to take counsell and make their entries and claims and therefore no laches is in this behalf imputed to them Pl. f. 360. a. and 366. a. But if such imprisonment happen after the fine levyed before the last Proclamation made it seemeth he shall have five years after his enlargement because the imprisonment is not his voluntary act Pl. 375. a. 366. a. An estranger to a fine being out of the realm Out of England at the levying thereof hath five years after his return to enter or claim But if he had been in England at the levying of the fine and after had gone beyond the Seas and suffered the five years after Proclamation to pass he had been barred Pl. f. 366. a. 7 Eliz. 4 H. 7. c. 24. But if he be sent beyond the Seas in the Kings service by his commandement it seemeth otherwise Corporations And such civill bodies or corporations as have in themselves absolute estate and authority of their possession so as they may maintain a Writ of right thereof as Mayor and Communalty Dean and Chapter Colledges Societies incorporate and such like they and their successors are barred by fine and nonclaim by five years Plo. f. 538. T. 7. 20 Eliz. Corporations But Deans Bishops Priors Abbots Masters of Hospitals Parsons Vicars Prebendaries Chauntry Priests and such like having joynt power and which may not have a Writ of right but either a juris utrum Fitz. Nat. f. 48. r. or sine Assensu capituli Fitz. Nat. fo 118. 1. are not barred by such fines and non claim by five years Pl. 538. a. 230. Eliz. 375. b. 11 Eliz. Of Estrangers having divers defects ANd moreover Estrangers to fines having divers defects or infirmities as infancy coverture non-sanity of memory imprisonment absence out of the realm to avoid fines must have five years after the last of the said infirmities removed Plo. 375. a. But if they have divers impediments which be all once after the Proclamation removed and after they fall into rhe like again and die their Heirs are not to have new five years but the first five years begun in their Ancestor's immediatly after their first impediments so removed shall proceed and non-claim of their Heirs during all the residue of the said five years binding them as their said Ancestors should have been bound thereby if they had remained void of such impediments during all the said five years Pl. f. 375. a. Of Estrangers without impediments having future right for cause precedent THus much of Estrangers to Fines having present right now of such as have future right which right is of two sorts for it groweth either wholly before the Proclamation or partly before and partly after the same And therefore Estrangers to fines void of the said impediments whose right title claim or interest first groweth remaineth descendeth or commeth to them after the Proclamation by force of any matter or cause had or made before the same have only five years after such right c. first groweth descendeth remaineth or commeth unto them 1 R. 3. c. 7. 4 H. 7. c. 24. As if a Morgagee be disseised and the disseisor doth levy a fine with Proclamation and the five years after the Proclamation the morgagee payeth or tendereth the money according to his bargain he may lawfully enter at any time within 5. years after rhe said payment or tender because his title first accrueth thereby after the Proclamations by reason of the condition and mortgage made before the same Pl. f. 378. a. b. In like manner and for the like cause he which hath a remainder or reversion depending upon an estate of Free-hold hath five years after that his remainder or reversion accrueth to enter c. And his Heir if he die before entry c. hath only five years after the death of the particular tenant to enter Plow fol. 374. a. b. And if tenant in tail levy a fine with Proclamation after the five years he dieth without issue the donor hath five years after his death to bring his Formedon in reverter because he is the first unto whom the right commeth after the Proclamation for cause precedent Plow fo 374. a. And if tenant in tail discontinue in Fee and the discontinuee levieth a fine with c. and five years do pass and the tenant in tail dieth yet his issue hath five years after his descender to bring his Formedon in discender because he is the first to whom the right of the entail commeth after Proclamation by force of the gift in tail made before the fine Plow 374. a. 19 H. 8. 7. Dyer f. 3. p. 5. Of Estrangers with impediments having future right ANd Estrangers to Fines having future right for any cause precedent the fine being affected with such impediments when their right first accrueth have five years after such impediments removed to pursue for the same 1 R. 3. c. 7. 4 H. 7. c. 24. As Infants as well those which be born as those which be in their Mothers womb when such right happeneth to them Plo. f. 367. a. Femes Covert Madmen Lunaticks Prisoners persons beyond the Sea as appeareth before where it is spoken of them having present right Plo. 366. a. 7 Eliz. As if a man have issue a son and a daughter which son purchaseth Lands and dieth and the daughter entreth as his Heir and is disseised by A. who levyeth a fine and five years pass without claim And ten years after the Father hath another
son which is Heir to his Brother he shall have new five years after he come to his full age because he is the first to whom the right descended after the Proclamation by reason of the discent which was before them Plo. f. 374. b. But if an Estranger to a fine to whom a remainder or other title first accrueth after the fine do not pursue hls right within five years he and his issue are barred for ever 16 H. 8. Dyer f. 3. pl. 6. And in like manner if the first issue in tail to whom the title of the intail first accrueth neglect his five years the whole estate tail is thereby bound for ever 32 H. 8. Br. fines 100. If he which abateth after the death of a tenant in Fee make a Feoffment upon condition and the Feoffee levy a fine and five years after Proclamation pass without entry or claim made by his Heir the Heir is barred But if afterwards the condition be broken and the abator therefore enter then the Heir may have an Assise of Mort dauncester against the abator or entry upon him at any time and he hath no defence For if he plead in bar of the assise the Fine levyed to the Cognisee and that he hath his estate the speciall matter of the abatement condition and reentry may be pleaded in defence thereof for he can never challenge priviledge by the estate of the Cognisor which he himself defeated Plo. fol. 358. b. 7 Eliz. Of Estrangers having no right for any cause before the Fine BUt Estrangers to Fines having neither present nor future right c. at the levying thereof by reason of any matter had before the fine whose right groweth either intirely after the Proclamation or partly before or partly afrer may enter or claim when they please within the time of the prescription As if the Father die seised his eldest son being professed and the younger son entreth and is disseised and a Fine with Proclamation levyed and after the elder son is deraigned it seemeth he is bound to no time Plo. f. 337. a. Dower So if the husband levy a fine of his own Lands whereof his wife is dowable and die and five years pass after his death she is not barred of her dower because her title to be endowed accrued after the fine levyed namely by the death of her husband for before his death she had only possibility of dower and not any right title or interest thereunto Plo. fo 373. And if a Tenant cease one year and then a Fine with Proclamation is levyed And afterwards a Tenant ceaseth another year the Lord may have his cessavit per biennium 20. years after the Proclamation made because his right and title groweth partly before the Fine and partly after the fine levyed that is at the end of the two years of his Tenants ceasser Plo. fo 373. b. Of Estrangers having divers future rights by divers Titles BUt if Estrangers to Fines have severall future rights by divers titles growing at severall times it seemes that they shall have several five years to make entry or claim commencing from such time as their severall titles first accrue unto them As if tenant for life the remainder in Fee make a Feoffment in Fee And the Feoffee levy a fine with c. and he in the remainder suffer the first five years to pass he is by his laches barred of his entry for the forfeiture growing by the alienation of his tenant during his tenant for life because he had present right at the levying of the fine to enter for the same yet if after the tenant for life do dye he hath other five years to bring his Formedon in remainder because that is a new title or right by which he could not have his Formedon during his tenant for life And he had his election to take advantage of the forfeiture or not Plo. f. 573 b. Quaere for there â—atlyn thinketh otherwise because his right to the Land by the forfeiture accrued to him in the life time of his tenant for life If I. S. be tenant pur auter vie the remainder to another for life the remainder to the same I. in Fee and I. S. is disseised and the disseisor levyeth a Fine with Proclamation and the five years pass I. S. is bound for his future and present estate for life But if cesuy qui vie and he in the mean remainder die now I. S. shall have other five years to enter for his remainder in Fee for it then first remaineth unto him by the death of him in the mean remainder and cesuy qui vie for cause grown wholly before the fine that is the State so made before which is another title Plowden 367. h. per Welsh and divers Justices Plo. 367. b. In like manner if Land be given to I. S. for the life of A. the remainder to him for the life of B. the remainder to him for the life of C. and he is disseised and the disseisor levyeth a fine with Proclamation now I. S. for his present right hath five years by the first Saving of the St. 4 H 7. ca. 24. And five years after the death of A. by the second Saving which is of future right and other five years after the death of B. for his second remainder for quando duo Jura in una persona concurrunt aequum est acsi essent in diversis Plo. 368. a. If any man disseise a feme sole and after marry her and have issue by her and the Baron is disseised before marriage or after and a fine with Proclamation levyed first the Baron and after the feme die within five years the issue being of full age the five years past he is thereby bound as Heir to his Father but hath other five years after the death of his Mother to enter for albeit it is but one self same Land yet the Heir hath severall rights thereunto growing at severall times the one as Heir to his Father the other as Heir to his Mother in regard whereof he hath severall times Plow 367. b. So if the husband maketh a Feoffment of his wives Lands upon condition which is broken he levyeth a fine which c. the husband hath issue by his wife and dieth the first five years pass and then the wife dieh the Heir is barred of his entry for the condition as Heir to his Father but shall have five years after the death of his Father to claim c. because it is a title differing from that which did descend from his Father accruing to him first by the death of his Mother Plow 167. a. Estrangers to Fines having neither present nor future right to the tenements in the Fine at the levying thereof but only unto rents common c. issuing out of the same ANd Estrangers to fines having neither present nor future right to the tenements in the fine but to something in or issuing out of the same seem
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
unto the aforesaid C. if he be not well able to travel unto you ye personally going the Attorney or Attorneys which the same C. personally before you or one of you in the Writ aforesaid before our aforesaid Justices depending against the aforesaid A. to call the Plaintiffe there at the aforesaid Term to plead the warranty to gain or to lose in his stead he shall will to put or constitute Atturney you or one of you receive And when ye or one of you shall so receive such Atturney or Atturneys Us in our Chancery of the name or names of such Atturney or Atturneys of him the said C. in 8 dayes of St. Hillary next to come wheresoever he shall be under your seals or one of yours duely ye or one of you certifie returning to us this Writ T. c. The Form of a Recovery with single Voucber COmmand S. H. that he render to A. B. and C. D. 40 Messuages with the appurtenances in G. D. R. c. The aforesaid S. H. doth put in his place R. F. and T. N. joyntly and severally against the aforesaid A. B. C. D. in a plea of Land W. A. whom the aforesaid S. H. calleth to warranty puts in his stead G. M. and T. F. joyntly and severally against the aforesaid A. B. and C. D. in a plea of Land The aforesaid A. B. and C. D. doe put in their stead R. C. and F. C. joyntly and severally against the aforesaid S. H. in a plea of land A Common Recovery had by divers against one of divers Mannors c. within the County Pallatine of Chester before the Judges of the Shires and Counties Of Pleas of the County of Chester at Chester before T. E. Esquire Son of T. E. Knight Justice of the Lord Protect there on Wednesday next after the Feast of Easter In the year of our Lord c. R. E. Knight P. D. Knight I. S. Son and heir apparent of T. S. of W. T. S. Son and heir apparent of R. S. of S. and G. L. Chaplain by Th. B. his Attorney in the Court of the Lord Protect here do demand against H. S. of O. Esq the Mannor of O. alias O. with the appurtenances and 14 Messuages c. as their right and inheritance and into which the same H. hath no entry but after the disseisin which Th. Cutt. thereof unjustly and without judgement hath made to the aforesaid R. P. I. T. and G. after that J. S. was made Earle of Chester c. And whereupon the same R. P. I. T. and G. say that they themselves were seized of the same Mannors Messuages Lands Meadows Pastures Woods Turbary Mosses and rent with the appurt c. in their demeasne as of Fee in the time of Peace of our Lord Protector taking thereof over in value c. And into which c. and there produce suit c. And the aforesaid H. S. Esq in his proper person comes and defends his right when c. and calleth to warranty T. N. who is present in Court in his proper person and gratis to the same H. S. the Mannor Messuage Lands Tenements Meadowes Pastures Woods Turbarie Mosses and rent and the moyety of the Mannor of E. above demanded with the appurtenances he warrants And hereupon the aforesaid R. P. I. T. and G. do demand against the same T. N. tenant by his warranty the aforesaid Mannors Messuages c. and the moyety of the Mannor of E. with the appurtenances in form aforesaid c. and whereupon they say that they themselves were seized of the same Mannors Messuages Lands Meadows Pastures woods Turbary Mosses rent and moyetie of the Mannor of E. with the appurtenances in his Demeasne as of Fee in the time of peace in the time of the said Lord Protector taking thereof over in value c. and into which c. And thereof they produce their sure c. And the aforesaid Th. N. Tenant by his Warranty defendeth his right when c. and saith that the aforesaid T. C. hath not disseised the aforesaid R. P. J. T. and G. of the aforesaid Mannor Messuage Lands Meadows Pastures Woods Turbary Mosses and Rent and Moyety of the Mannor of E. above demanded with the appurtenances in manner and form as the aforesaid R. P. J. T. and G. by their Writ and Declaration aforesaid doe suppose c. And the aforesaid R. E. P. D. I. T. and G. do pray licence thereof of imparling here c. and they may have it Afterwards the same Term c. The aforesaid R. P. I. T. and G. by their Attorney aforesaid came again in the Court of the Lord Protector c. And the aforesaid T. N. Tenant by his Warranty although solemnly exacted came not again but in contempt of the Court here departed made default Therefore it is considered by the Jury aforesaid that the aforesaid R E. P. D. I. T. G. recover their seisin against the aforesaid H. S. of the aforesaid Mannor Messuage Lands Meadows Pastures Woods Turbarie Mosses Rent Moyety of the Mannor of E. above demanded with the appurtenances And that the same H. have of the land of the aforesaid T. N. to the value And the same T. N. in mercy A Common Recovery by divers before the Justices of Chester and Judges of the same County of a Mannor c. Of Pleas of the County of Chester at Chester before T. E. Knight Justice of the LORD PROTECTOR there on Wednesday tali Anno. R. B. W. B. B. B. Sons of R. B. Knight O. B. H. D. Son and Heir of R. D. Esq deceased D. D. of E. and R. C. Chaplain by T. B. their Attorney in the Court of the LORD PROâ—ECTOR here do demand against R. D. Chaplain and T. H. of the City of C. the Mannor of W. with the appurtenances 30 Messuages one Watermill 500 acres of land 400 acres of Meadow 200 acres of Pasture 100 acres of Wood 20 acre of Turbarie 40 acres of Land covered with water and 40 l. rent with the appurtenances in W. and O. as their right and inheritance and into which the same R. and T. hath non entry but after the disseisin which T. C. unjustly and without judgement hath made to the aforesaid R. W. B. c. after that J. Scoticus was made Earl of Chester c. And whereupon the same R. W. B. c. say that they themselves were seised of the same Mannor Messuage Mill Lands Meadows Pastures Woods Turbarie Lands covered with Water with the appurtenances in their Demeasne as of Fee in the time of peace in the time of the Lord Protect now taking thereof over in value c. And into which c. And thereof they produce their sute c. And the aforesaid R. D. and T. H. in their proper persons doe come and defend their right when c. and doe call thereof to warranty W. M. Esq who is present here in Court in his proper person and gratis the Mannor