and I. have granted to the aforesaid E. and I. the aforesaid tenements with the appurtenances And those to them they have rendred in the same Court to have and to hold to the same E. and I. and the heirs of the body of him the said E. by the aforesaid I. lawfully begotten of the chief Lords of that Fee by the services which unto the aforesaid tenements do belong for ever And if it happen that the same E. and I. shall die without heir of the body of him the said E. by the aforesaid I. lawfully begotten then after the decease of them the said E. and I. the aforesaid tenements with the appurtenances shall wholly remain to the heirs of the body of him the said I. lawfully begotten To hold of the chief Lords of that Fee by the services which unto the aforesaid tenements do belong for ever And if no heir of the body of him the said I. shall be lawfully begotten then the aforesaid tenements with the appurtenances shall wholly remain to the right heirs of him the said E. to hold of the chief Lords of the Fee by the services which unto the aforesaid tenements do belong for ever according to the form of the statute The first Proclamation was made the 22. day of November in the Term of Saint Michael tali anno within written The second Proclamation the 24. day of November in the same Term. The third Proclamation the 26. day of November the same Term. The fourth Proclamation the 29. day of November the same Term. The fifth Proclamation was made the 7. day of February in the Term of Saint Hillary in the said year within written The 6. Proclamation the 9. day of Feb. the same Term. The seventh Proclamation the 10. day of February the same Term. The eighth Proclamation the 12. day of February the same Term. The nineth Proclamation was made the 14. day of May in the Term of Easter tali Anno the same Term. The tenth Proclamation the 17. day of May the same Term. The eleventh Proclamation the 23. day of May in the same Term. The 12. Proclamation the 23. day of Maey the same Term. The thirteenth Proclamation was made the 22. day of June in the Term of the holy Trinity in the year within written The fourteenth Proclamation the 25. day of June the same Term. The fifteenth Proclamation the 27. of June the same Term all and singular which at the request of W. W. gent. by the tenor of these presents we have drawn to exemplifie In Testimony of which thing we have by these presents caused our Seal to be put unto the Writs deputed to be sealed in the Bench. T. F. W. W. and F. R. Justices of the Bench aforesaid at Westminster the day c. tali Anno c. W. P. and R. How Fines executory be executed THe execution of a Fine is the obtaining of actuall possession of the things contained in the same by virtue thereof and it is either by entry into the Lands or by Writ By entry into the lands as if upon a Fine sur cognizance de droit que il ad de son done If the Coguisor remain still in possession And the Cognisee by virtue of such Fine enter upon him as he lawfully may without any Writ of habere fac seisin because such Fine is executed 41 E. 3. 14. 14. E. 3. 5. And if a Fine be levied to the husband and wife in speciall taile the remainder to the heirs of the body of the husband and the wife dieth without issue the remainder is executed in posseshon in the husband for the estate taile meeteth with the freehold and drowneth it 7 H. 4. 23. Execution of Fines by Writ EXecution of Fines by Writ is either by habere facias seisinam or by Scire facias A Writ of Habere facias seisinam in this case is a Writ judiciall issuing out of the Record of a Fine Executory directed to the Sheriff of the County where the Land lieth commanding him to give the Cognisee or his heirs seisin of the Land whereof the Fine is levied And this Writ lieth within the year after the Fine or Judgement upon a Scire facias And may be made in these forms O. To the Sheriff c. We command you that without delay you cause to have to B. R. A venire fac in a Scire fac on a Fine upon issue joyned whether the parties were seised at the time of the fine levyed Granted and recorded his seisin of the Messuages with the appurtenances in N. which A. T. in our Court c. hath rendred to the aforesaid B. by a Fine thereof between them made according T. c. Twelve c. of the vicinage c. And who neither to E. nor R. and A. his wife any c. to know whether at the time of the levying of a certain Fine levied in the Court of the Soveraign Lord Charles late King c. at Westminster in the morrow c. in the year c. before R. B. and his Associates then Justices of him the said late King of the Bench. And afterward in the morrow of all Soules c. in the year c. there granted and recorded before the same late Justices and other faithfull of the same late King then there present between T. R. and R. F. plaintiffs and I. B. and I. his wife deforcients of four shillings rent with the appurtenances Fine of rent in S. whereof the aforesaid G. in our Court c. prayeth Execution against the aforesaid R. and A. by virtue of the Fine aforesaid and of other tenements and rents in the same fine contained The aforesaid T. R. and R. and the aforesaid I. B. and I. who were parties to that Fine were seised of the aforesaid four shillings rent with the appurtenances as by the same Fine it is supposed by which the aforesaid E. execution of the aforesaid four shillings rent with the appurtenances against the aforesaid R. and A. by virtue of the Fine aforesaid ought to have as the same E. saith or not but neither the aforesaid T. R. and R. nor the aforesaid I. B. and I. who were parties to the Fine aforesaid at the time of the levying of the same Fine had any thing in the aforesaid four shillings rent with appurtenances nor in the Messuage from whence that rent is supposed to come whereby the aforesaid E. from the execution aforesaid of four shillings rent with the appurtenances against the aforesaid R. and A. by virtue of the Fine aforesaid to be had ought to be barred of as the same R. and A. say because as well c. Habere facias seisinam upon a recovery in a Scire sac out of a fine by confession Know you that it is ordered in our Court that W. L. and others c. have execution against W. T. of ten Acres of Land with the appurtenances in D. by virtue of a Fine thereof
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
And hath done to him Fealty c. Therfore let a Fine thereof be ingrossed c. Barre But if the Tenant will pleadin Bar he may do it thus if he be Tenant in Frank-marriage The Sheriff was commanded c. ut supra Gift in Frank-marriage And the aforesaid A. B. saith that one P. N. Father of the aforesaid M. N. whose heir he is c. by his Deed gave the Tenements aforesaid with the appurtenances to the same A. B. in Frank-marriage with E. his daughter saving to himself the reversion c. which said E. died without issue of his body begotten And so he faith that he holdeth the Tenements aforesaid by form of the Deed aforesaid and that the reversion thereof after his death doth belong unto the aforesaid R. M. and prayeth Judgement whether he of such his Estate ought to atturn himself thereof to any c. and produceth here in Court the Charter aforesaid that the gift aforesaid in form aforesaid testifieth c. And the aforesaid C. D. saith that the day wherein the note of the Fine aforesaid was levied that is to say the 9. day c. the aforesaid A. holdeth the aforesaid Tenements for Term of his life as by the note aforesaid is supposed without this that he then held the Tenements aforesaid in Free-marriage as he above alleged And this he prayeth that c. therfore 12 c. Or thus if the Tenant Claim Fee or be not Tenant Which being read the same A. B. saith that he by virtue of the note aforesaid himself to the aforesaid C. D. ought not to atturn for that one Messuage c. which are in the aforesaid Town of S. of the Tenements aforesaid in the note aforesaid contained the same A. B. saith that at the time of the levying of that note was seised of the aforesaid Messuage c. in his demeasne as of Fee by the gift and Feoffment of one L. T. to him thereof made without this that he at the time of the levying of that note held that moiety for Term of life only as by that note is supposed and tbis c. whereof he prayeth Judgement whether he by virtue of the note aforesaid himself to the aforesaid C. D. of the aforesaid Messuage c. ought to atturn c. And as touching the Tenements aforesaid residue of the Tenements in the note aforesaid contained the same A. B saith that he neither at the time of the levying of the note aforesaid nor at any time afterward held the same Tenements but rather that W. A. who as yet is in life then was thereof Tenant as of his free-hold and as yet is And this c. whereof c. ut supra And the aforesaid C. D. saith that he from having the atturnment of the aforesaid A. B. by virtue of the note aforesaid ought not to be barred for that as touching the aforesaid Messuage in L. aforesaid the same C. D. saith that the aforesaid A. B. at the time of the levying of that note held that Messuage with the appurtenances for Term of his life onely as by that note is supposed And this he prayeth that c. And the aforesaid A. B. likewise And as ro the residue of the Tenements aforesaid he saith that at the time of the levying of the note aforesaid the aforesaid A. B. was Tenant thereof for Term of his life as by that note is supposed And this he is ready c. whereof he prayeth Judgement and that the aforesaid A. B. may atturn himself thereof c. And the aforesaid C. D. saith that the aforesaid A. B. at the time of the levying of the note aforesaid was not Tenant of the aforesaid residue of the Tenements for Term of his life as c. And of this c. therefore 12 c. Or thus where the Cognisor hath nothing in the reversion The Sheriff of D. was commanded c. ut supra which being read and heard the same A. B. saith that he by virtue of the note aforesaid himself to the aforesaid C. D. ought not atturn because he saith that the aforesaid M. N. who recognized the Tenements aforesaid with the appurtenances to be the right of him the said C. D c. had nothing in the reversion of the same Tenements with the appurtenances at the time of the levying of the note aforesaid and this he is ready to verifie whereof he prayeth c. ut supra And the aforesaid C. D. saith that the aforesaid A. B. at the time of the levying of the note aforesaid to wit in eight dayes of Saint Hillary c. held the Tenements aforesaid with the appurtenances for Term of his life the reversion thereof after his death to the aforesaid M. N. who recognized c. and to his heirs belonging as by the note aforesaid it is supposed And this he prayeth that it may be enquired by the Country And the aforesaid A. B. likewise therefore let 12 c. But if the Tenant claim an Estate tail by devise thus Which being read and heard c. the same A. B. faith that he by virtue of that note himself to the aforesaid C. D. of the tenements aforesaid he ought not to atturn because he saith that before that the aforesaid M. N. any thing had in the Tenements aforesaid with the appurtenances one I. F. was seised of the Tenements aforesaid in his demeasne as of Fee and that the same Tenements with the appurtenances are held and at the time of the levying of the note aforesaid were held of W. S. in Soccage by Fealty to him c. And the same I. being so seised thereof the 1. day of May last past made his last will and Testament in writing and by the same bequeathed to the aforesaid A. B. the Tenements aforesaid by the names c. to have to him and the heirs of his body lawfully begotâ—en and afterward there died after whose death the aforesaid A. B. into the Tenements aforesaid with the appurtenances entred and was thereof seised in his demeasne as of Fee-tail to wit to him and his heirs by form of the Statute and last will aforesaid And this c. whereof c. And the aforesaid C. D. saith that he by any things afore alleged from the atturnment of the aforesaid A. B. by virtue of the note aforesaid ought not to be barred because he saith that well and true it is that the aforesaid I. F. was seised as above as in the Writ aforesaid above it is alleged but the same C. D. saith that the same I. F. by his said Testament and last will amongst other things bequeathed the Tenements aforesaid with the appurtenances c. by the names aforesaid to the aforesaid A. B. for Term of his life and afterward the same I. F. dyed after the death of which said I. F. the same A. B. into the Tenements aforesaid with the appurtenances entred and was thereof seised in
as at any time had been in the first or second vouchee or any of them or either of their ancestors whose Heirs he or they are of such estate and as well of every reversion thereon dependant as also of all Leases Estates Charges and Incumbrances derived out of any such reversion or remainder Of What things Writs of Entry may be brought and by what means PRecipe quod reddat lyeth of one Acre of Land covered with water or of an Acre of Land 12 H. 7. f. 4. of a water pit 10 Ed. 3. and 14. E. 3. 482. Fitz. Nat. br fô 191. H. and of a passage beyond the water Fitz. Na. br fo 191. I. of a Bailywick 34 E. 3. 423. of an office 27 H. 8. f. 12. of the Advowson of a Church or of the fourth part of Tythes 34 E. 3. of a Portion of Tythes Dyer fo 84. pl. 83. of a certain parcell of Land Dyer fo 84. pl. 83. of the wardship of Land and of an Heir or of the wardship of Land Register 161. 22 E. 3. fo 19. Precipe quod reddat lyeth of all manner of Ecclesiasticall or spirituall profits as of a Rectory Vicarage Portions Pensions Tithes c. by the Statute of 32 H. 8. cap. 7. of all and all manner of Tythes greater mixt and lesser within the Town Hamlet of B. in the County of A. by whatsoever mean growing hapning and yearly renewing c. Thel li. 8. ca. 9. 8. 2. of the fourth part of disines and offerings of the Church of S. P. c. 16 E. 3. In old time de hida terrae per Glanvile de carucatu terrae 4 E. 3. 161. de bovat terrae 6 E. 3. 291. of 6. foot of Land in length and four foot in breadth 14. Ass 13. A Precipe quod reddat lyeth of a Toft and of the scite of a Mill 14 E. 3 of the Hundred of C. and of the Bailywick of B. 34 E. 1. 3 E. 3. of pasture for 6. oxen 3 E. 3. fo 23. 4 E. 2. of a Rod of Land 3 E. 5. of an Advowson 34 E. 1. of a certain portion of Land 11 H. 4. fo 40. 5 H. 7. fo 9. of the moiety of one Rod of Land 41 E. 3. of a Shop Registr fo 2. a. of 4. Acres of Heath 11 Ass 13 of turbary by the name of More 8 E. 3. fo 387. and it lyeth in a Town and not in a Hamlet 8 E. 3. fo 55. 7 E. 3. 3. 6. Of what things a Writ of Entry lyeth not A Praecipe quod reddat lyeth not of a ditch nor of a Pool nor of a Fish-pond 8 E. 3. 381. nor of the Advowson of the Tythes of one wayn-land Registr fo 29. nor of Common of pasture 27 H. 8. fo 12. of estovers 2 E. 3. of Homage and Fealty nor of services to be done 6 E. 2. A Praecipe quod reddat lyeth not de Boveat Marisci 13 E. 3. fo 3. of a ridge of Land E. 1. for the incertainty because a felon or a ridge which is a Land sometime containeth an Acre sometime half an Acre sometime more and sometimes less It lyeth not of a Garden Cottage or Croft 14 Ass 13. 8 H. 6. 3. 22 E. 4. 13. of a Rod of Land 41. 43. 13 E. 3. of a Quarrey of a Mine of a Market 13 E. 3. for they lye not in demesne but in gain nor of an upper Chamber 3 H. 6. fo 1. A Writ of Entry ought not to contain one self thing twice as a Messuage and a house parcell of the same Messuage 3 E. 4. fo 28. 46 E. 3. 26. Nor to name a Town and a Hamlet within the same Town 22 E. 3. fo 14. 41 E. 3. fo 22. In every warrant of Atturney it is good to put two Atturneys at the least for fear of death In a County Palatine as Lancaster Duresme Chester c. may be put in a warrant one Atturney and one of the Justices Clerks If the Writ of Entry be returnable Crastino Martini the Writ of Summons ad warr thereupon must bear teste from that return of Crastino Martini and be returnable 9. returns after the return of the Writ of entre inclusive that is accounting Crastino Mar. for one of the 9. returns tres Paschae which is the 9. return after Crasti Martini for another And the Teste of the Writ of seisin must be the day of that ninth return and be returnable 15. dayes after Then the Writ of seisin may be retutned that seisin was delivered by virtue thereof to the demandant by the Sheriff of the County where the Lands lye upon any day not being Sunday between the Teste and return of the said Writ of seisin Then the Writs of Entre Summons and Seisin must be returned and field with the Custos brevium and the Judgement entred by the Prothonatory and the warrants of Atturney by the Clerk of the warrants If a single Recovery and a Fine be against the tenant the Writ of Entry must bear date and teste before the Writ of Covenant and be returned before If a Writ of Covenant be brought against the tenant and a Writ of Entre against the demandant then the Writ of Covenant must bear date and be returned before the Writ of Entre and this is called a double voucher A Certiorari to the Executor of the Justice before whom the warrrants were acknowledged OLiver c. to his beloved I. R. executor of the testament of Fr. R. lately one of our Justices of the Bench greeting We being willing for certain causes to be certified as well upon a certain warrant of Atturney by which H. S. did put in his stead W. B. and R. C. joyntly and severally against R. P. otherwise W. and R. H. of a Plea of Land in the County of E. as upon one other warrant of Atturney whereby H. L. and I. L. whom the aforesaid H. S. called to warranty did put in their places A. B. and F. R. joyntly and severally against the aforesaid R. and R. H. of a plea of Land in the said County of E. by the aforesaid F. R. lately taken and in your Custody being by reason of the execution of the testament aforesaid as it is said We command you that the warrants aforesaid to our Justices of the Bench at Westminster under your Seal distinctly and openly without delay you send and this Writ that the same Justices looking into the warrants aforesaid further in our Writ of Entre hanging before our aforesaid Justices at Westminster between the aforesaid R. and R. H. and the aforesaid H. and S. of one Messuage c. with the appurtenances in T. and D. in the County aforesaid and process thereof may cause to be done that which of right and according to the Custome of our Commonwealth of England ought to be done witness my self at Westminster the day of 〈…〉 in the year c. It is returned thus THe answer of the within named
aforesaid H. The Defence Hath not disseised hath disseised the aforesaid F. and R. S. of the aforesaid 12 acres of Meadow with the appurtenances as the same F. and R. by his Writ and Declaration aforesaid above do suppose And of this he puts himself upon the Country c. And the aforesaid F. and R. S. pray licence thereof of imparling And they have it c. And afterwards the same F. and R. came again here in Court in that same Term in their Default Judgement proper persons And the aforesaid R. H. although were solemnly called came not again therefore it is considered that the aforesaid Fr. and R. S. do recover their seisin against the aforesaid I. of the aforesaid 12. acres of Meadow with the appurtenances And that the same J. have of the land of the aforesaid T. to the value c. And that the same T. further have of the land of the aforesaid R. H. to the Recovery in value value c. And the same R. be in mercy c. And hereupon the aforesaid F. and R. S. doe pray the Writ of the Lord Protector to the Mercy Sheriff of the County aforesaid to be directed of causing plenary seisin to have to them of the aforesaid 12 acres of Meadow with the appurtenances And to them it is granted retornable here from the day of Easter in 15 days c. All and singular which things at the request of the aforesaid F. and R. S. by the tenor of these presents we have drawn to be exemplified In testimony of which thing our seal unto the writs in the Bench aforesaid appointed to be sealed to these presents we have caused to be put Witnesse E. A. at VVestminster the 12 day of Feb. 1654. When the Writ of seisin is returned the return thereof must be entred upon the same Roll whereupon the Judgement was entred Another to the like effect OLiver c. To all to whom these our present Letters shall come greeting Ye may know that among the Pleas of Land inrolled at Westminster before E. A. Knight and his dd ' vers teâ—â— Associates our Justices of the Bench to wit in the Term of St. Michael in the year c. in the second roll it is contained thus Nott. ss R. T. and R. B. in their proper persons demand against P. T. Gent. and W. H. Gent. the Mannors of H. and M. with the appurtenances and 20 Messuages The Count. 10 Tofts 1 Water-mill 2 Dove-houses 30 Gardens 500 acres of Land 200 acres of Meadow 60 acres of pasture 300 acres of Wood 1000 acres of Ling and Heath 50 Crofts of Moor and 20 s. rent with the appurtenances in H. M. D. c. as their right and inheritance And into which the same P. and W. have not entry but after the Disseisin which H. H. thereof unjustly and without judgement hath made to the aforesaid R. and R. within 30 years c. And whereupon they say that themselves were seized of the Defence for the lands Mannors Tenements and rent aforesaid with the appurtenances in his demeasne as of Fee and right in the time of peace in the time of the now Loâ—d Protector by taking thereof expletion to the value c. And into which c. And thereupon they produce suit c. Demandant against the Vouchee And the aforesaid P. and W. in their proper persons came and do defend their right when c. And call thereof to warranty G. M. Gent. who is present here in Court in his proper person And gratis the Mannors Tenements and rent aforesaid with the appurnances to them he warrants c. Count. And hereupon the aforesaid R. and R. demand against him the said G. Tenant by his warranty the Mannors Tenements and rent aforesaid with the appurtenances in form aforesaid c. And whereupon they say that themselves were seized of the Manors Tenements and rent aforesaid with the appurtenances in his demeasne as of Fee and right in the time of Peace in the time of the now Lord Protector by taking thereof expletion to the value c. And into which c. And thereof they produce suit c. Defence by the Vouchee And the aforesaid G. Tenant by his warranty defendeth his right when c. And furthermore calleth thereof to warranty D. H. who likewise is present here in Court in his proper person and gratis the Mannors The Revoucher Tenements and rent aforesaid with the appurtenances to him he warrants c. Demand against the 2 Vouchee And hereupon the aforesaid R. and R. demand against him the said D. being Tenant by his warranty the Mannors Tenements and Rent aforesaid with the appurtenances in form aforesaid c. And whereupon The Count against the 2 Vouchee they say that themselves were seised of the Mannors Tenements and rent aforesaid with the appurtenances in his Demeasne as of Fee and right in the time of peace in the time of the now Protector by taking thereof expletion to the value c. And into which c. And thereupon they produce suit c. Defence by the 2 Vouchees Non disseisivit And the aforesaid D. Tenant by his Declaration defendeth his right c. And saith that the aforesaid H. hath not disseised the aforesaid R. and R. by their Writ and Declaration aforesaid above do suppose And of this put themselves upon the Countrey c. And the aforesaid R. and R. pray Licence Imparlance thereof of imparling And they have it c. The default And afterward the same R. and R. came again in the Court in this same Term in their proper persons And the aforesaid D. although he was solemnly called came not again but in contempt of the Court departed and made default therefore it is considered that the aforesaid R. and R. do recover their seisin Judgement thereupon against the aforesoid P. and W. of the Mannors Tenements and rent aforesaid with the appurtenances And that the same P. and W. have of the Land of the aforesaid G. to the value c. And that the same G. further have of the Lands of the aforesaid D. to the value c And the same G. be in mercy c. And hereupon the aforesaid R. and Recovery in value R. pray the Writ of the Lord Protector to the Sheriff of the County aforesaid to be directed Mercy of causing plenary seisin to have to them of the Mannors Tenements and rent aforesaid with the appurtenances And to them it is â—anted returnable here from the day of St. Martin in 15 days At which day here came the aforesaid R. and R. in their proper persons And the Sheriff to wit I. B. Knight now returneth that he by vertue of that writ to him directed the 14th day of November last past caused plenary seisin to have to the aforesaid R. and R. of the Mannors Tenements and
pasture 60 acres of wood 100 acres of Furres and Heath with the appurtenances in N. B. C. D. c. And unlesse c. And the Concord is such to wit that the aforesaid I. P. and E. have recognised the aforesaid Tenements and moyety with the appurtenances to be the right of him the said I. L. as those which the same I. L. hath by the gift of the aforesaid I. P. and E. and those they have remised and quite claimed from themselves and their heirs to the aforesaid I. L. and his heirs for ever And furthermore the same I. P. and E. have granted for themselves and the heirs of her the said E. that they will warrant to the aforesaid I. L. and his heirs the aforesaid Tenements and moyety with the appurtenances against all men for ever And for this c. The order of taking the knowledge of a Fine by a Dedimus Potestatem directed to divers but the knowledge taken only by two of the Commissioners and the certifying thereof by the Commissioners that took the knowledge AFter the Fine is acknowledged the Commissioners must write under the Concord of the said Fine as followeth Taken and knowledged this day c. in the year c. before A. B. Esquire and C. D. by virtue of the writ of the Lord Protector of Dedimus potestatem to us and others directed Commissioners A. B. C. D. Then write upon the back of the Dedimus Potestatem The Answer of A. B. Esq C. D. Gent. two of the Commissioners within named The execution of this Commission appeareth in a certain Schedule to this Commission annexed Then must the Commissioners subscribe their names A Fine knowledged by W. D. and I. D. to I. R. and I. D. of one Messuage and one Cottage in Ipswich with warrantie against all men In consideration whereof the Conusees do grant and render the premises to the said I. D. one of the Conusers for the term of 7 days next following and afterwards the same premises wholly to remain to one M. G. for her life and after her death the premises wholly to remain to the said W. D. oneof the said Conusors and his heirs for ever COmmand W. D. and I. D. that justly c. they hold to I. R. Gent. and I. D. the Covenant of one Messuage and one Cottage with the appurtenances in I. And unlesse c. warranty And the Concord is such to wit that the aforesaid W. D. and I. D. have recognised the tenements aforesaid with the appurtenances to be the right of him the said I. as those which the same I. and I. D. have by the gift of the aforesaid W. D. and I. D. And those they have remised and quite claimed from themselves and rheir heirs to the aforesaid I. I. and the heirs of him the said I. for ever And furthermore the same W. and I. have granted for themselves and the heirs of him the said I. D. that they will warrant to the aforesaid I. and I. and the heirs of him the said I. the tenements aforesaid with the appurtenances against all men for ever And for this recognisance c. the same I. and I. have granted the tenements aforesaid with the appurtenances to the aforesaid I. D. And The render those to him they have rendred in the same Court. To have and to hold to the said I. D. for term of 7 days from hence next following And after that Term ended the aforesaid Tenements with the appurtenances shall wholly remain to one M. G. To have and to hold to the said M. to hold of the chief c. during the life of the said M. and after the decease of the said M. the aforesaid Tenements with the appurtenances shall wholly remain to the aforesaid W. D. and their heirs for ever to hold of the chief c. A Fine acknowledged by the Husband and his Wife to H. S. Esquire of of 2 Messuages c. with warranty against all men THis is the final Concord made in the Court c. at c. the day in the A Fine sur cognisance de droit year c between H. S. Plaintiff and W. G. and S. his wife Deforcients of 2 Messuages 2 Witch-houses otherwise Salt-houses 2 Shops 2 Chambers one Stable 10 acres of land 4 acres of Meadow and 6 acres of Pasture with the appurtenances in c. whereof plea of Covenant was summoned between them in the same Court to wit that the aforesaid W. and E. his Wife have recognised the tenements aforesaid with the appurcenances to be the right of the aforesaid H. S. as those which the same H. S. hath by the gift of the aforesaid W. E. And those they have remised and quite-claimed from themselves and their heirs to the aforesaid H. and his heirs for ever And moreover the aforesaid W. and E. have granted for themselves and the heirs of him the said W. that they and the heirs of the aforesaid W. the tenements aforesaid with the appurtenances to the aforesaid H. and his heirs will warrant for ever And for this c. A Fine acknowledged before the Justices of the Common pleas at Westminster c. with warranty against all men warranty THis is the final Concord in the Court of the Lord Protector at VVestminster in 8 days of St. Martin In the year c. before E. M. W. S. H. B. and I. H. Justices and other faithfull c. then there present between R. B. Esquire and J. L. Gent. and R. L. Gent. Plaintiffs and H. D. Deforcient of 2 Messuages one toft 80 acres of land 20 acres of Meadow 40 acres of Pasture and 3 acres of Wood with the appurtenances in H. and W. whereof plea of Covenant was summoned between them in the same Court to wit that the aforesaid H. hath recognised the aforesaid tenem with the appurt to be the right of him the said R. B. as those which the same R. J. and R. have by the gift of the aforesaid H. and those he hath remised and quit claimed from himself and his heirs to the aforesaid R. J. and R. and the heirs of him the said R. for ever And furthermore the same H. hath granted for himself and his heirs that he will warrant to I. R. and the heirs of him the said R. the aforesaid Tenements with the appurtenances against all men for ever And for this remise quit claim warranty fine and Concord the same R. I. and R. have given to the aforesaid H. 38 l. sterling A Fine acknowledged by R. H. of P. to R. B. of the Mnnnor of I. with warranty against the Conusor and his heirs COmmand R H. of P. Esquire that justly c. he hold to R. B. R. H. c. the Covenant between them made of the Mannor of J. otherwise J. with the appurtenances and of 20 Messuages 500 acres of land 100 acres of Meadow 500 acres of Pasture 100 acres of wood 100 acres of
whether there remains sufficient free-lands besides those to the Alienor to sustain publick charges and to be in Assizes and Juries c. And this is as well where the Alienation is made by the King or by a Corporation or a Feme covert as by any other The like inquiry by Writ of ad quod damnum hath been used before the King made any grant or pardon for alienation lease release confirmation or licence and after the Inquisition returned and certified into the Chancery to effect the same accordingly F. N. B. f. 221. inde usque f. 227. But now experience is to the contrary in lieu whereof the use of late hath been to put in the Kings Patents in these words absque aliquo brevi de Ad quod damnum seu aliquibus aliis bâ—evibus seu mandatis super inde habendis fiendis aut prosequendis And one Writ of ad quod damnum will serve for divets Purchasers and a licence to alien in Mortmain of one King will serve in the time of another But not so of Lands holden in chief 22 E. 3. F. N. B. in brevi de ad quod damnum Of a pardon for alienation A fine of pardon BUt if perchance any alienation be made without licence a Pardon must be sued the fine whereof is the value of the Lands by one year and the mean profits between the Inquisition and the pardon 31 H. 8. Br. Alienation 29. unlesse the Commissioners will more favourably compound for the same as in some cases upon reasonable cause shewed they use to doe which Pardon being purchased the Purchaser is to hold the Land still 14 H. 6. 26. 50. Ass p. 2. 1 E. 3. c. 12. 34 E. 3. c. 15. Fine of licence But the Fine of a Licence to alien Lands holden in Capite is the third part of the yearly value thereof 26 H. 8. Br. Alienation 29. Mortmain But if a lienation of Lands into Mortmaine be made without licence the King may seise them as forfeited or escheateâ—d Mag. Char. ca. 36. West 2. ca. 32. And for a licence thereof to be granted the fine thereupon to be paid is the value of the land by 3 years 26 H. 8. Br. Alienation â—9 Variance But variance between the licence and the fine is not material if it be all one alienation 32 H. 8. Br. Alien 30. Release And it seemeth that a Fine sur release or other release is none alienation and therefore no fine due for the same P. 37 H. 8. Br. Alienation 31. Recovery But fines are payable and licences to be sued upon common recoveries 39 H. 6. 32 H. 8. c. 1. 4. E. 3. Will. Devise by Will is an Alienation 3. Ma. 1. Br. Alien 37. Of the Dedimus Potestatem to take Cognisance of a fine A Dedimus Potestatem to take knowledge of a Fine is as aforesaid a Writ Commissional directed to one or more giving them-power to take and certifie to the Justices of the Common Place the cognisance of the Cognisees when they cannâ—t conveniently travell to doe it in Court and it ought to recâ—te the substance of the writ or Covenant and bear teste or date after it F. N. f. 146. g. The form of the writ of Covenant and Dedimus Potestatem with the returns thereof ensue The writ of Covenant OLiver c. To the Sheriff of York greeting Command T. B. Esquire and A. his wife that justly and without delay they hold to V. P. Gent. the Covenant between them made of the Mannor of T. with the appurtenances And of two Messuages 3 Cottages five Tofts one Dove-house five gardens five Orchards 110 acres of land 50 acres of meadow 50. acres of pasture 10 acres of wood 100 acres of ling and heath 40 s. rent common of pasture for all manner of beasts with the appurtenances in W. B. And unlesse they shall doe it and the aforesaid W. shall secure you for prosecuting his complaint then summon by good summoners the aforesaid T. and A. that they be here before our Justices at Westminster in 8 dayes of St. Michael to shew wherefore they will not doe it And have you there the Summoners and this Writ Witnesse c. the 14th day of N. In the year c. Fine And the Fine thereof was wont to be entred under the Writ thus For xx s. paid to the Farmer of the Fines of ouâ— Soveraign Lord the King by vertue of the Kings warrant Indorsement Then must the writ of Covenant be indorsed thus By E. S. for the fine within written who affirmeth that the Tenements within named doe not exceed the value of 10 l. by the year The Sheriffs return E. S. Pledges of persecuting John Doo Rich. Roo Sumoners John Den. Rich Fen. The Commis of Fines W. L. T. W R. Eure. Esq Sheriff The Dedimus potestatem thereof OL. c. To our beloved and faithfull c. greeting Whereas our writ of Covenant hangeth before our Justices of the Bench between W. P. Gent. and T. B. Esq and Ann his Wife of the mannor of T. with the appurtenances and of 2 Messuages 3 Cottages 5 Tofts 1 Dove-house 5 Gardens 5 Orchards 110 acres of Land 50 acres of Meadow 50 acres of Pasture 10 acres of Wood 100 acres of Ling and Heath 40 s. Rent and Common of Pasture for all kinds of Beasts with the appurtenances in W. and B. in the County of Tork to leavy a Fine thereof between them before our Justices aforesaid in the Bench aforesaid according to the Law and custom of our Common-wealth of England And the aforesaid T. and A. are so impotent that without the greatest danger of their bodies unto Westm at the day in the said writ conteined to make Cognisances which in this behalf are required travell they cannot as we have received We to the state of the said T. and A. pitifull in this behalf have given to you four three or two of you power to receive the Cognisanses which the said T. and A. before you four three or two of you shall make of the Premises And therefore you four three or two of you we command that unto the aforesaid T. and A. personally going you receive their Cognisances aforesaid and after ye have received them our Justices aforesaid thereof under the Seals of four three or two of you distinctly and openly you certifie that then that Fine between the parties aforesaid of the Premises before our Justices aforesaid in the Bench aforesaid may be levied according to the Law and Custom aforesaid sending to the said Justices this writ witnesse my self at Westminster 14th day of Novemb In the year c. Garth The name of the Cursiter The said Dedimus potestamus must be endorsed thus By the Commissioners of the great Seal of England at the iâ—stâ—â—ce of the demandant 〈◊〉 formerly it was thus Per Dominum custod magni Sigilli Angliae ad instanc petend The
of him the said I. in this behalf have given you power to receive the cognisance and to testifie the Atturnment which the aforesaid I. before you shal do in this behalf And therefore we command you that unto the aforesaid I. personally going the cognizance which before you in this behalf he shall do ye receive And when you have received it and he before you as it is the manner have atturned himself your foresaid Associates of the cognizance aforesaid distinctly and openly ye certifie the aforesaid Atturnment certifying that that fine between the parties aforesaid of the Land aforesaid before you and your Associates aforesaid in the Bench aforesaid may be levied according to the Law and custome aforesaid And have you c. Default By default of appearance distring ad atturnandum shall be awarded 2 E. 3. 9. Nonsuit Non-suit in quid juris clamat is not peremptory ry 18 E. 3. 6. Fitz. Quid Jur. â—7 24. Ed. 3. 3. Fitz. quid c. 39. The Writ of Summons in Quid juris clamat Summons OLiver c. to the Sheriff of York greeting we command you that you cause to come before our Justices of the Bench from the day of Easter in 15. dayes A. B. to acknowledge what right he claimeth in one Messuage and ten Acres of Land with the Appurtenances in B. which M. N. in our Court c. hath granted to C. D. by fine thereof there between them made And have you there T. c. upon which Writ none essoin lyeth 9. H. 6. 22. 33. H. 6. 5. At the return of which Writ the Sheriff doth return him summoned thus endorsed upon the back of the Writ Pledges of the within named A. B. I. M. R. K. S. E. Sheriff And if the plaintiff appear and the Tenant Default make default the entry is thus The Sheriff of York was commanded that he should cause to come here from the day of Easter in 15. dayes A. B. to acknowledge what right he claimeth in one Messuage c. with the Appurtenances in B. which M. N. in the Court of the Lord Protector here hath granted to C. D. by a Fine here thereof between them made And now at this day came the aforesaid C. by H. I. his Atturney and the aforesaid A. B. came not and was mainprised by I. M. and R. L. Distress Therefore he into all c. And he is commanded that he distrain him by all his Lands and Chattels c. And that of the profits c. And that he have his body here from the day of the Holy Trinity in three weeks to acknowledge in form aforesaid c. And the same day is given to the aforesaid C. here c. Essoin At the return hereof none essoin lieth because it is judiciall 9 H. 6. 22. 33 H. 6. 5. The Distress in quid juris clamat OLiver c. to the Sheriff of York greeting we command you that you distrain A. B. by all his Lands and Chattels in your Bayliwick so that neither he nor any for him do lay hand thereupon untill you shall receive further command thereof from us And that you answer us of the profits of them so that you have his body before our Justices at Westminster from the day of the holy Trinity in three weeks to acknowledge what right he claimeth in one Messuage c. with the appurtenances in B. which M. N. in our Court before our Justices at Westminster hath granted to C. D. by Fine thereof there between them made and to hear thereupon his Judgement for many defaults And have you there this Writ T. c. If at the day of the return hereof the parties appear the entry is thus Atturnment generall Heretofore even as it appeareth in the Term of the holy Trinity last past in the Roll 60. it is thus contained ss The Sheriff of E. was commanded that he should distrain A. B. by all and Et supra in brevi inde untill and to hear c. And then And now here at this day came as well the aforesaid C. D. by his Atturney aforesaid as the aforesaid A. B. in his proper person and hereupon the same E. B. prayeth hearing of the Writ aforesaid and to him it is read he prayeth also hearing of the note whereupon the Writ aforesaid issued forth and to him it is read in these words E. S. Between C. D. Plaintiff c. as the note is And then if the Tenant will atturn generally the entry further is For that they being heard and understood the same A. B. saith that he claimeth to hold the aforesaid Messuage c. for Term of his life as by the note aforesaid is supposed and that he is ready to atturn himself thereof to the aforesaid C. D. and himself to him the Court here thereupon hath atturned and recognized c. And had done fealty therefore let the Fine thereof be ingrossed Or if Atturnment be made out of the Court the Cognisee may inform the Court thereof and at his suit then this entry shall be viz. And now here at this day came the aforesaid C. D. in his proper person and saith that the aforesaid A. B. hath atturned to him thereof in his proper person and prayeth that the Fine thereof may be ingrossed at his perill therefore let the Fine therof be ingrossed at his peril c. Atturnment speciall But if the Cognisee appear and will atturn specially it may be done thus The Sheriff was commanded c. ut supra reciting the Process and the Tenant demanding and having Oyer of the Writ and note of the Fine he may plead thus viz. And hereupon the same A saith that he holdeth the Tenements aforesaid with the appurtenances for Term of his life by the demise of M. N. by his certain Deed indented the other part whereof with the Seals of the aforesaid M. N. signed the same A. here in Court produceth the Tenor of which followeth in these words This Indenture made c. reciting the whole Indenture and saving to himself all advantages and conditions written aforesaid saith That he is ready to attorn to the aforesaid C. D. of the TenemeÌ„ts aforesaid by vertue of the note aforesaid And the aforesaid C. D. acknowledging not the writing aforesaid saith that of whom the same A. B. holdeth the Tenements aforesaid with the appurtenances by the demise of the aforesaid M. N. according to the force and effect of the note aforesaid he prayeth that the same A. B. may attorn himself thereof to him c. And the aforesrid A. B. saith that saving to himself all advantages and benefit of the writing aforesaid he is ready to atturn himself thereof to the same C. D. of the Tenements aforesaid c. And afterwards the same A. B. saving to himself the advantages of the writing aforesaid himself to the aforesaid C. D. here in Court hath atturned and acknowledged c.
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
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
now in of a new estate Fitz. Nat. fo 135. a. So if A. disseise B. and enfeoffe C. with warranty who infeoffeth D. with warranty upon whom an estranger entreth in whose possession B. the disseisor releaseth his right now all former warranties are extinct And albeit D. is impleaded yet shall he not have warrantia Chartae because he is in of another estate by wrong Fitz. Nat. 135. g. 11 H. 6. 41. 22 H. 6. 22. Release by Jointenant If there be three joynt tenants and the one release to the rest they may deraign the former warranty by vowcher or warrantia Charitae for they be in a 3. part by the release 40 E. 3. 41. Villenage Warrantia Chartae lyeth against a villain 48 E. 3. 17. The Writ of Warrantia Chartae must be sued hanging the principall Plea and before Judgement as of Assise or Entry in the nature of assise 48 E. 3. 2â— Registr orig fo 158. a. for then if the warranter do die yet the Writ shall not abate but his Heir shall be resummoned to answer upon the same yet may a warrantia Chartae be sued before he be impleaded quia timet implacitari and the plaintiff shall recover in value pro loco tempore of such Lands as the defendant had at the purchasing of the Writ Fitz. Na. f. 134. E. 12 H. 4. 12. 21 H. 6. 41. 22 H. 6. 22. 24 E 3. 35. But he must not have execution but if afterwards he be put out by Judgement he shal have his warranty upon his first recovery 21 H. 6. 41. 21 H. 6. 22. 12 H. 4. 12. Non tenure In warrantia Charitae it is a good Plea for the defendant that hanging the Plea the demandant in the principall Plea hath entred upon the plaintiff being then tenant of the Land or that the plaintiff in this action had nothing in the Land the day of the first Writ purchased nor at any time after 21 H. 6. 49. 3 E. 3. 4. 5 E. 3. 5. County Warr. Chartae may be brought in any County if the deed bear not date in a place certain 31 E. 3. Tenant in Common Tenants in Common may joyn in Warrantia Chartae 28 E. 3. 90. Count by Baron Feme upon a fine with warranty I. H. Son and Heir of Isabel which was the wife of R. was summoned to answer I. T. and I. his wife of a Plea that they warrant to them one Messuage with the appurtenances in S. which of him he holdeth and of him claymeth to hold and whereof the Charter of Isabel Mother of the aforesaid I. H. whose Heir he is he hath c. and whereof c. he saith that a certain fine he levyed in the Court of the Lord Protector now in 8. dayes of Saint Hillary in the year c. before T. B. and his Associates then Justices of c. of the Bench between them the said I. T. and I. plaintiffs and R. of B. and the aforesaid Isabell then his wife deforcients of the Messuage aforesaid with the appurtenances among other Lands and tenements by Inter alia per nomen the name of c. with the appurtenances in S. in the County aforesaid by which fine the aforesaid R. and I. have granted for themselves and the Heirs of him the said I. that 4. Acres of land A fine of the reversion with the appurtenances of the aforesaid tenement which G. and M. his wife held for term of the life of her the said M. of the inheritance of the aforesaid Isabel in S. aforesaid the day that this Concord was made and which after the decease of her the said M. unto the aforesa R. and I. and the Heirs of her the said Isabell ought to have reverted after the decease of her the said M. wholly should remain to the afore-I and I. and his Heirs aforesaid to hold together with the aforesaid tenement which to them by that fine remained of the aforesaid R. and Isab and the Heirs of her the said I. by the aforesaid services as aforesaid for ever And Tail the same R. and Isab likewise have granted for themselves and the Heirs of her the said I. that they would warrant to the aforesaid I. and I. and their Heirs the aforesaid tenements with the appurtenances as aforesaid against all men for ever And if it should happen that the same I. and I. should die without Heirs of their bodies issuing then after the decase of them the said I. and I. the aforesaid tenements with the appurtenances as aforesaid should wholly revert unto the aforesaid R. and I. and the Heirs of her the said I. quite from other Heirs of the aforesaid I. and I. to hold of the chief Lords of that Fee by the services which unto the aforesaid tenement do belong for ever and the aforesaid R. and I. afterwards died whereby unto them the said I. T. and I. belonged to have of the aforesaid I. H. as son and heir of him the said I. his warranty aforesaid And one I. R. arraigned a certain assise of novell disseisin before T. W. and I. Justices of the Lord Protector now at the Assizes in the County aforesaid assigned to be taken against them the said I. T. and I. of the aforesaid tenementse and the same I. T. I. have often required him the said I. H. as son and Heir of her the said Isab to warrant to the same I. T. and I. the aforesaid tenements and the same I. H. those tenements so to warrant hath denyed and as yet doth deny whereupon they say that they are the worse and have damage unto the value of 100 l. And thereupon they bring sute c. A Count upon a deed with warranty I. T. was summoned to answer H. W. of a Plea that he render to him one Messuage c. with the appurtenances in B. which of him he holdeth and of him doth claim to hold and whereof he hath his Charter and whereupon c. he saith that whereas the aforesaid I. was seised of the tenements aforesaid with the appurtenances in his demeasne as of Fee and so thereof being seised by his certain Charter which the same H. here in the Court bringeth forth the date whereof at B. tali die Anno. c. did give grant and confirm to the same H. the Tenements aforesaid with the appurtenances Inter alia per nomen amongst other Lands c. by the name as in the Deed c. to have to the same H. His Heirs and assignes for ever and did bind himself and his Heirs to warrant to the same H. his Heirs and Assignes the tenements aforesaid with the appurtenances against all men for ever And the same H. by virtue of that gift oâ— the tenements aforesaid was seised in his demeasne as of Fee and one T. arraigned against him the said H. an assise of novel disseisin of the aforesaid Messuage and Lands with
the 19. day of S. in the year c. at B. aforesaid by his certain Charter which the same W. R. with the Seal of the aforesaid F. signed here in Court produceth the date whereof is the same day and year gave and granted the tenements aforesaid with the appurtenances to the aforesaid W. R. to have to him and his Heirs for ever and furthermore the aforesaid F. by the Charter aforesaid the tenements aforesaid with the appurtenances to the same W. and his Heirs against all men did warrant as by that Charter more fully it appeareth by virtue of which said gift and grant the same W. was and as yet is seised of the tenements aforesaid with the appurtenances in his demesne as of Fee and so thereof being seised one D. D. arraigned against him the said W. an Assise of novel disseisin of the aforesaid tenements with the appurtenances before I. C. one of the Barons of the Exchequer of the Lord Protector and F. R. one of the Serjeants at Law of him the said Protector Justices of the same Lord Protector at the Assizes in the County aforesaid assigned to be taken according to the form of the Statute c. whereby the same W. R. hanging that assise often required the aforesaid F. that he the aforesaid tenements with the appurtenances to the same W. would warrant and the same F. those tenements with the appurtenances to the same W. hitherto to warrant hath denyed and as yet doth deny whereupon he saith that he is the worse and hath damage to the value of a hundred pounds and thereupon he bringeth sute c. OF RECOVERIES FOR Assurances c. IN every recovery are to be regarded the demandant the Tenant of the Land and the vouchee as the efficient causes thereof The Land demanded as the matter which must as certainly be set down in Writs of entry as in Writs of Covenant whereupon Fines are levyed The end and effect of such recoveries is to discontinue and destroy estates tailes remainders and reversions and bar the former owners thereof The demandant is he that bringeth the Writ of entry and may be termed the recoverer The tenant is he against whom the Writ is brought and may be termed the recoveree The vouchee is he whom the tenant voucheth or calleth to warranty for the Land in demand And such persons may be demandants Tenants and vouchees in these recoveries as may be cognizors and cognizees in Writs of Covenant and by such names mutatis mutandis Saving if that any recovery be had against tenant in tail the reversion or remainder being in the Kings of England their progenitors and Successors such recovery will neither bar the issue in tail of his entry nor discontinue his estate nor pluck such reversion or remainder out of them 34 H. 8. ca. 20. Quaere tamen si tiel recovery bar issue in tail during the continuance of the esiate tail Dyer fo 132. pl. 1. Item before such persons by such means and in such manner may warrants of Atturney be acknowledged and certified as fines knowledged in the Country saving that the recognizance of warrants of Atturney may be taken by any Justice or Serjeant without a Writ of Dedimus potestatem And fines must be paid upon Writs of Entry as upon Writs of Covenant And all such Writs of entry must be signed by the Protectors Atturney before they can be Sealed In a Recovery with double voucher the fine must be sued first to make him tenant at the time of the Writ of Entry brought for every Writ of entry must alwayes be brought against him that is tenant of the Freehold of the Land demanded at the time of the Writ brought 18. R. 2. and Dyer fo 252. pl. 98. for that that the estate of the tenant in tail which is vouchee is barred in respect of the Assets only which is or may be recovered in value Pl. Bassets vers Manxell fo 11. a. and of execution sued by the tenant against him And if the tenant have but an estate for life or in dower or by the Curtesie then to have a good recovery thereof it is meet that such tenant make a conditionall surrender of his estate to him in the reversion or remainder to the end he may be a present Tenant of the inheritance and then to bring the Writ of entry against him and after that the recovery is executed the particular tenant for breach of the condition may enter and enjoy his Term notwithstanding such surrender In a recovery with a single voucher are included two Recoveries viz. one at the sute of the demandant against the Tenant and another at the sute of the tenant against the vouchee And if it be with a double voucher there are incuded in it three recoveries one by the demandant against the Tenant one other by the tenant against the vouchee and the third by the first vouchee against the second vouchee And in a recovery with a treble voucher are included 4. recoveries whereof three are such as were last mencioned the fourth is a recovery by the second vouchee against the third and in these recoveries the demandant hath judgement to recover the Land against the tenant and the tenant hath likewise Judgement to recover in value against the vouchee and if it be with a double voucher the first voucher hath also the like Judgement to recover in value against the second and if it be with a treble voucher the second vouchee hath the like Judgement against the third And the record also maketh mention of the execution of the Judgement against the tenant by Entry or a Writ of Habere fac seisinam accordingly And when such Recovery is so executed the uses agreed upon do forthwith arise out of the Lands Tenements c. so recovered according to the mutuall agreement of the parties The scope of a common Recovery with a single voucher is to bar the tenant and his Heirs of such only estate tail which then is in him to bar others of such estates as they have of any reversion expectant or remainder dependant upon the same And of all Leases and incumbrances derived out of such reversions or remainders The scope of a Common Recovery with a double voucher is to bar the first voucher and his Heirs of every such estate as at any time was in the same voucher or any of his Ancestors whose Heir he is of such estate and all other persons of such right to a reversion or remainder as were thereupon at any time expectant or dependant and of all Leases Charges and incumbrances derived out of any such reversion or remainder and that will be also a perpetual bar of such estate whereof the tenant was then seised of in reversion or remainder expectant or dependant upon the same c. The scope of a common recovery with a treble voucher is to make a perpetuall bar of the estates of the tenant and of every such estate of inheritance
Rent aforesaid with the appurtenances as by that writ to him it was commanded c. all and singular which things at the request of the aforesaid R. and R. by the tenour of these presents we have drawn to be exemplified In Testimony of which thing our Seal unto the writs in the Bench aforesaid appointed to be Sealed to these presents we have caused to be put Witnesse c. A Dedimus Potestatem to take knowledge of a warrant of Atturney of the Vouchee OL. Lord Protector to his beloved and faithfull Ra. Ro. Serjeant at law greeting whereas our writ of entry upon Disseisin in le post dependeth before the Justices of the Bench between W. S. and R. C. Gent. Demandants and G. T. Knight Lord T. Deforcient of the Mannor of W. with the appurtenances and of one Messuage 200 acres of Land 60 acres of Meadow 100 acres of Pasture 100 acres of wood 50 acres of Moor and 5 s. Rent with the appurtenances in W. and L. in the County of Salop and the aforesaid G. in our full Court there before our Justices aforesaid appearing called W. C. to warrant to him the Mannor aforesaid with the appurtenances whereuppon then and there issued forth our Summons ad warrantizandum to the Sheriffe of the County aforesaid directed against the same W. C. returnable before our Justices aforesaid in 15 daies of St. Hillary next to come And because the aforesaid W. C. is so impotent of himself and worn with age that unto VVestminster before our Justices aforesaid at the day in our said writ of Summons ad warrantizandum contained to travail is not sufficient as we have been informed We pittying the estate of the same W. in this behalf have given you power and full authority to receive the Attorney or Attorneys which the same W. C. shall constitute or put in his place before you to the warranty to be called to gain or lose in the Plea aforesaid before our Justices aforesaid and us thereof in our Chancery of the name of such Attorney or Attorneys to certifie And therefore we command you that unto the aforasaid W. C. if he be not well able to travail to you ye personally goe and his Attorney or Attorneys joyntly or severally in form aforesaid ye receive and when that Attorney or those Attorneys ye shall so receive us in our Chancery in 15 days of Saint Hillary wheresoever then we shall be under your Seal ye duly certifie sending back this writ to us T. c. It is returned thus The answer of the within named R. R. unto this writ The execution of this Writ appeareth in a certain Schedule to this Writ annexed R. R. Salop ss COmmand G. T. Knight Lord T. that justly c. he render to W. S. and R. the Mannor of W. with the appurtenances and one Messuage c. as above in the Dedimus potestatem verbatim with the appurtenances in W. L. which he claimeth c. Salop ss BEing called to Warranty doth put in his stead A. B. and F. R. joyntly and severally against W. S. and R. C. in a plea of land Taken and knowledged at Firbeek in the County of Salop the tenth day of February In the year of our Lord 16â—4 A Dedimus potestatem of receiving an Atturney in a writ of Entry super disseisinin le post for the Tenant THe P. to his beloved and faithfull H. W. Knight greeting Whereas by our Writ of Entry upon Disseisin in the post hanging before our Justices of our Common Bench between H. D. and T. H. of 20 acres of land 3 acres of Meadow and 12 acres of Pasture with the appurtenances in M. in the County of N. And because the same T. is so impotent and worn out with age that without very great danger of his body before our Justices aforesaid at the day in our said Writ contained he is not well able to travell as we have been informed We godlily pitying the state of the same T. in this behalf have given you full power and authority to receive the Attorney or Attorneys joyntly and severally which the same T. to gain or lose in the plea afotesaid before our Justices aforesaid in his stead before you he shall will to constitute or put and us thereof in our Chancery of the name of such Attorney or Attorneys duly to certifie And therefore we command you that unto the aforesaid T. if he be not well able travel unto you you personally goe and his Attorney or Attorneys joyntly and severally in form aforesaid ye receive And us in our Chancery of the name of such Atturney or Atturneys of him the said T. in the Morrow of Saint J. next to come wheresoever then we shall be under your seal duly ye certifie returning to us this Writ T. the 25 day of April in the year of c. It is returned thus The answer of the within named H. W. unto this Writ The execution of this Writ appeareth in a certain Schedule to this Writ annexed H. W. Nott. ss COmmand T. H. that justly c. he render to H. D. 20 acres of land c. as above in the Dedimus potestatem verbatim with the appurtenances in M. which he claimeth c. Not. ss T. H. Puts in his place A. B. and F. R. joyntly and severally against H. D. of a plea of land Taken and knowledged at Firbeeke in the County of Nott. the 10th day of February in the year of our Lord 1654 Another Writ of Dedimus potestatem to receive an Attorney for the Tenant upon the Writ of Entry THe PROTECTOR to his beloved and faithfull R. S. and W. B. greeting Whereas our Writ of entrie upon disseisin in le post dependeth before our Justices of the Bench between A. B. Knight Demandant and C. D. Esq Tenant of the 4th part of the Mannor of F. with the appurtenances and 800 acres of Land 20 acres of Meadow 220 acres of Pasture 300 acres of Wood and 40 l. rent with the appurtenances in F. aforesaid in the County of Essex And because the same C. is so impotent of himself and worn out with age that without very great danger of his body unto Westminster at the day in the said Writ contained personally to appear and to do and plead that which in the same then there should be expedient to be done he is not well able to travel as we have been informed We tendring the state of the same C. in this behalf have given to you and both of you joyntly and severally full power and authority to receive the Attorney of the aforesaid C. which the same C. personally before you or one of you against the aforesaid A. in the Writ aforesaid depending before our aforesaid Justices in his place shall will to put or constitute to call the Plaintiff to plead the warranty to gain or lose in that writ And therefore you and both of you joyntly and severally we command that