Lavv, or, a discourse thereof in foure bookes. Written in French by Sir Henrie Finch Knight, his Maiesties Serieant at Law. And done into English by the same author.

Statutes.

Westm. 2. cap. 9. The Tenant distreined

by the chiefe Lord may haue a writ in the Countie where he is distreined against the mesne, who hauing land in that Countie, and not appearing till the grand distresse, day shall bee giuen in the grand distresse, so as two Counties may bee holden before the returne. Wherein the Sherife shall proclaime that he come to answer the Te∣nant at the day. At which day if he come not, he loseth his seruice, and the Tenant shall hold of the chiefe Lord by the same seruices that the mesne held. The chiefe Lord may not distreine the Tenant of the demesne if he offer the seruice due. And ex∣acting of him more then the mesne ought to doe, that Tenant shall haue the remedy that the mesne might haue.

Vpon a returne that the mesne had no∣thing to be sommoned by an attachment shall go out, and vpon a nihil returned, the grand distresse with proclamation as be∣fore.

The mesne hauing no land in that coun∣tie but in another vpon such a returne by the Sherife, the partie shall haue a Writ Iudiciall to summon the mesne in that Countie where it is testified that hee hath lands, and both there and in the other Countie shall proceed to the grand di∣stresse, and proclamation and Iudgement as before.

The mesne comming into the Count and

acknowledging, or being adiudged to acquit his Tenant, and not doing it, the Tenant shall haue a Iudiciall Writ of acquittance. Whereupon if the mesne come in, and the Tenant can auer that he hath not acquitted him, he shall bee satisfied of his damages, and be quit of the mesne, and hold of the chiefe Lord, and if the mesne come not at the first distresse, then another distresse shal go out, and proclamation, and so proceed to Iudgement as before.

This statute extendeth only where there is but one mesne betweene the Lord that distreineth and the tenant, the mesne of full age and the Tenant, tenant in fee simple.

A Warrantia Charta lyeth for him that hath lands or Tenements warranted vn∣to * 1.1 him, either by feoffement, (a) 1.2 release, or confirmation with clause of warrantie, where his hereditaments are lyable from * 1.3 the time of the action brought. Therefore it is pollicie for one to bring his Warrantia charta before he be sued. For vpon vouching when he is once sued, he recouereth in va∣lue but such lands as the vouchee had at the time of the voucher.

And vpon these writs of (a) 1.4 Couent re∣all, (b) 1.5 mesnes (c) 1.6 warrantie of Charters, as also vpon a Writ of (d) 1.7 customes and seruice, s a fine may be leuied.

A fine is the acknowledging of an he∣reditament in the Kings Court according to the couenant, to be his right that doth

complaine, He that complaineth is called plaintife, and the other deforceant. And this acknowledging of it to be ones right is called, A fine sur conueyance de droit, But if the right be ackowledged to bee his, as that which he hath of the gift of the Conisor, it is called a Fine sur conisance de droit come ceo quel ad de son done. The forme of a fine is, Haec est finalis concordia facta in curia dn'i Regis, &c. vnde plac' conuenti∣onis pendet in ead' curia sc. qd. prad' I. S. recog∣nouit tenementa praed esse ius ipsius A. &c.

A fine may be leuied vpon a writ of war∣rantie of Charters, for it is in effect but a * 1.8 couenant betweene the parties before the Iustices, and entred of record. And before the Statute of Westm. De his quae concordata sunt (which giueth a scire fac.) if the fine were not executed, the partie should haue a writ De fine fracto, and recouer dammages onely, which proueth that a fine is but a couenant of record.

Where one of thē must needs haue such an estate at the time of the fine leuied, for against the plea that the parties to the fine * 1.9 had nothing &c. it is no good replication, that the parties were seised &c. for if one * 1.10 of them were seised it is sufficient. Which forme of pleading (viz that one of the parties was seised) proueth that if he haue * 1.11 left an estate for yeares the fine is voyd. And a fine of the land it selfe will passe a∣way a reuersion depending vpon an estate estate for life. And this is as it were a

feoffement of record. So as a freehold pas∣seth * 1.12 thereby without any liuerie of seisin. That where of the fine is leuied, or any thing contained in it, as a rent Common, &c. out of the land, an estate for yeares, or other estate in the land, &c. may be granted backe againe to the Conisor by the same fine. And this is called a fine sur graunt & render. The forme whereof is: Et pro hac re∣cognitione, &c. the conisee concessit, to the conisor, praed' tenem' cum pertiū & illa ei red∣didit * 1.13 in ead' curia haben', to the conisor, &c. * 1.14 for none can take the first estate but those that are named in the Writ of couenant. But euerie stranger may take a remainder. As A. leuieth a fine to B. who rendreth it backe to A. and E. his wife, &c. In this case E. hath no estate, for she was not party to the Writ.

Notes

• * 1.1

  F. N B. 134. d.
• (a) 1.2

  12. H. 4. 22.
• * 1.3

  Fit. Nat. Br. 134. k ••2. H. 6 22.
• (a) 1.4

  42. E 3. 5.
• (b) 1.5

  T. H Eitz.
• (c) 1.6

  Iohn per Dy. 179.
• (d) 1.7

  21. E. 3. 18.
• * 1.8

  42. E. 35. 40. E. 3. 7.
• * 1.9

  22. N. 6. 57.
• * 1.10

  27. H 8. 4. 37. H. 6. 5.
• * 1.11

  7. Eliz. Ploy. 360.
• * 1.12

  (a) Lit. 12. is that in a feoffement made on pai••. &c. where a freehold passeth, be it by deed or without, there must needs be liuery of seisin, which words (en pais) are put to exclude fines that are feoffements of record.
• * 1.13

  (b) 18. E. 422.
• * 1.14

  (c) 36. H. 8. Br. fines 118.