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CCCXLVIII. Philip Fines and the Lord Dacre's Case. Mich. 32 Eliz. In the Exchequer.
THe Case was, Tenant in tail of Lands,* 1.1 the Remainder in Chief, levied a Fine without the Kings Licence: And, If the Tenants of the Lord Dacres should be chargeable by the Fine, (For the Case was, that the Lord Dacres was Tenant in tail, the Remainder in tail to Philip Fines,) was the Question? It was holden by the Barons, That the Tenants should be discharged: But it was holden, That if the Conusor had any other Land with∣in England, the Fine might be levied thereof. But the Question was, If the Tenants shall be put to plead in discharge of that which would be a great charge; or should be discharged without plea, because it appeareth by Record, that he who aliened, was but Tenant in tail in Remainder; For there was an Office of it which was pleaded by another in another cause. It was said, Where such matter appeareth of Record, as by Office, Livery, &c. there he need not to plead such matter in discharge, because the pleading of the same is to no other purpose but to satisfie the Court by a Re∣cord, that the matter is so as the party in his discharge hath alled∣ged. And therefore, In this Case, the Barons gave Order, That the Process against the Tenants of the Lord Dacres should be discharged.