The Attvrneys gvide, for suing out of fines, concords, and recoveries, &c. Being choice and exact presidents for all sorts of fines, concords, and recoveries. Together with full instructions in all proceedings relating thereunto, and the certain charges of the same. With a table of all the particulars. / Perused and approved by G.T. an able practioner, and others.

The Definition of a Fine.

IT appeareth by many Writers of the Common-law; That a Fine is nothing but a friend∣ly composition, or final con∣cord had between persons of and concerning any lands or tenements, rent or other thing hereditable, be∣ing in esse tempore finis, acknowledged and recorded formerly by the consent and license of the King, now of the Lord Protector, or his Justices before a competent Judge, to the end to cut off all controversies, that neither of the parties litigant from it may after depart. And therefore well may it be said to be fructus exitus, & finis legis. Plo. fol. 357. If we but consider that the Law was made to no other end than to settle peace.

In every Fine there are two several parties, the Cognisor, and the Cognisee, the party levying the Fine is called the Cognisor, and he to whom it is levyed is called the Cogni∣see: There are five essential parts in a Fine: first, the original writ taken out against the Cognisor: the Kings licence formerly so cal∣led, giving the parties liberty to accord, for which he had a Fine called the Kings silver,

being accounted a part the Crowns revenue. Thirdly the Concord it self, which thus begin∣neth. Et est concordia talis, &c. Fourthly the note of the Fine, which is an abstract of the o∣riginal concord, and beginneth thus. ss in∣ter R. quaerentem, & S. & E. Uxorem ejus de∣sorcientes, &c. Fifthly the foot of the Fine, which beginneth in this manner. Haec est fina∣lis concordia facta in curia Domini Protectoris a∣pud Westm. a die Pasche in quindecim dies, anno, &c. so that the foot of the Fine includeth all containing the day, year and place, and be∣fore what Justices the Concord was made. Coke, v. 6. cas. Teye. fo. 3▪ 8, 39.

There are two sorts of Fines, the one at Common Law, the other levied and proclai∣med according to the Statute.

* 1.1 In the levying and proclaiming of a Fine, two several Statutes are chiefly to be conside∣red; the one of them is the Statute of 1 R. 3. chap. 7. The other is the Statute of 4 H. 7. chap. 24. being in some thing afterwards ex∣plained by a Statute made in Anno 32. H. 8. chap. 36. The Proclamations are four, and are to be made four several Terms, as hereafter shall be expressed. Concerning Fines with Proclamations, 5 things are to be observed. 1 The time of levying & proclaiming the same. 2 The place where, and before whom it is to be levyed. 4 What Ceremonies therein are to be observed. 5 the several times are to be observed and considered First that the Fine be levyed af••er the Feast of Easter, which was in the year of our Lord 1496. for all Fines le∣vyed before that time are out of the compass

of this Statute. 4 H. 7. as it appeateth by the letter of the same Statute. 2 That the Procla∣mation must be made in time of the Term, and therefore if any of those proclamations doe happen to be made, either before the be∣ginning, or after the end of any Term, or on a Sunday, or other festival day, exempted from the Term, as on the Feast day of the Pu∣rification of St. Mary the Virgin, Ascention day, All Saints, All Soules, or on the Feast day of St. Iohn Baptist, if it happen on any other day than on the Friday next after Trinity Sun∣day, and to be recorded accordingly, then if it be not holpen by the Statute of 23. Eliz. cap. 3. all the Proclamations are reversable by a Writ of error, or by plea; as it appea∣reth in Finches case, Plow. com. 266, 267. and then the Fine will be of no other nature and force, than a Fine without proclamations. And albeit the Proclamations were all made within the Terms according to the form of the Statute; yet if the record or records, do pur∣port the contrary, they are reversable by er∣ror, or avoidable by plea, if it be not holpen by the said Statute; for a record is of that credit in law, that no averment may be admit∣ted to the contrary.

A Fine doth for ever conclude, and bar as well privies as strangers to the same, except such strangers as are women covert (other than be parties to the Fine) and every other person being within age, viz. the age of 21 years, in Prison or out of this Realm, or not of whole mind at the time of such Fine levied. But this exception is conditional, viz. that

they or their heirs inheritable to the same lands, &c. do take their action or lawfull en∣try (according to their right and title they have to the Tenements therein contained, at time of the ingrossing thereof) within 5 years next after they be of full age of 21 years, out of prison, uncovert within this Realm, and of whole mind.

Now let us see who are privies, and who are strangers to a Fine, according to the Sta∣tute there are three privities only. 1 privity in blood only. 2 privity in Estate only. 3 privity in blood and estate.

There are three kinds of privities. 1 in blood tantum. 1 one when a man is heir to his late Ancestor, and yet hath nothing by dis∣cent from him. As for example, if a father seised of lands in Fee doth thereof infeoffe a stranger and his heirs, or if he by his last Will and Test. in writing did dispose the same be∣ing holden in soccage, to another in Fee, and hath issue and dyeth in this case, such issue is privy in blood, having nothing by discent.

2 Another kind of privity in blood, is, when something is descended unto him, as heir un∣to his Ancestor, and yet he claimeth the same by some other right; and not as heir to such an Ancestor. As for example, if there be a Father and Son, and the Son purchaseth lands of a stranger in Fee, and is there of dis∣seised by his Father, who dyeth thereof seised, & the same descend to his Son, a•• heir in this case, the Son is privy also in blood, but not in estate, for although the possession of the same land came to him by discent, as heir to

his father, yet he was therein remitted forth∣with to his former estate.

3 And a third kind of privitie in blood tan∣tum, is where a man in some respect is privy in blood and estate, and in another respect privy in blood tantum. As for example, if there be two brothers, and the eldest purcha∣seth lands in Fee, is thereof disseised by his younger brother, afterward disseised by a stranger, and that stranger dyeth thereof sei∣sed, the younger brother being within age, and afterwards the elder brother dyeth with∣out issue, the younger Son hath two manner of rights to the land, the one is a right of en∣try against such heir as is in by discent during his minority, but that right is only in respect of his former possession, which he obtained by disseisen, and not as heir to his brother, and in this respect he is privy in blood to his eldest brother, but not privy in estate. The other right that is now in the younger brother, is only a right in action, and not a right of entry, and this is in him as heir to his brother, whose entry was taken away by the said discent, in respect of his right, he is privy in blood and estate to his brother.

Privity in estate tantum, is where a man claimeth an estate in land, as assignee to a∣nother; as if A infeoffe B. in this case, B. and his heirs are privy in estate to A. Privity in blood and in estates are of two sorts, where∣of the one may properly be called a privity of blood and estate, the other is so called im∣properly, and in a borrowed sence. That which is properly called a privity in blood

and estate, is when both privities do acrew by discent, by or from one Ancestor. The o∣ther is, when one of them acreweth by one manner of title, and the other by title of a∣nother kind; as for example, if there be a father and a son, and the father purchaseth lands, and dyeth thereof seised, and the same doth descend to his Son, he is to his father in a proper sence privy in blood and estate, because both those privities doe to him acrew, by one discent from one Ancestor.

It is to be noted that such privies as the Statute meaneth are after the ingrossing of the Fine & Proclam. made according to the form of the Statute, absolutely barred without hope of recovery or restraint, by any claim; but such as are strangers, are barred only con∣ditionally, if they or their heirs, do not claim according to the form of the Statute, within the times therein prescribed. It is a rule in Law, that no error in the fault of the Judge can be assigned to reverse a Judgement, un∣less it may be tryed by view of the Record, or by inspection of the person; for if it should, many grave Judgements would be overthrown by corrupt tryals of false surmises, to the sub∣version of Justice, and maintenance of Vice: But if the Judge give Judgement for the one party, upon the matter appearing of record, whereas he ought to give judgement for the other party, this is reversible by error, be∣cause such a fault of the Judge through igno∣rance of the Law, is apparent by the view of the Record,

What persons may be Cognisors in Fines, and what not.

AN Infant ought not to be Cognisor espe∣cially if it be a Feme covert, for that she cannot reverse it during the coverture, which continuing till she come to full age barreth her for ever. 50 E. 3. fo. 5. 21. Ass. 53.

* 1.2 Also no feme covert ought to levy any Fine without her husband, is avoidable by the en∣try of him, yet since a Fine levyed at this day and proclamation according to the form of the said estate of 4 H. 7. 31 Eliz. cannot be a∣voided by the entry of the Husband, of the Cognisor, as to the estate of inheritance, but only to the frank tenement, during the Co∣verture, and so long afterwards as he shall be tenant by the curtesie, if he had issue by his said Wife before the Fine levyed. And in that case albeit the Husband do enter in 5 years, or before Proclamations had and made, the feme and her heirs are barred as privies to the Fine; the words of the said Statute of 4 H. 7. be, the Fine to be a final end, and conclude as well privies as strangers; and yet all stran∣gers shall not be barred by such Fine: The King is no such stranger as is comprised in the the said Act; for if the Law-makers had meant to conclude the King thereby of his right, then it is not to be doubted (his greatness be∣ing such as it could not be forgotten) but they would have made some provision for his

claim, which thing they have not done, be∣cause they never intended to conclude him; but others being bodies corporate of things that goe by way of succession, are comprised in this word (strangers) in the body of the Act. And yet they are not contained in the letter of exception, or of any of the savings which do save r••ghts to men and their heirs, speaking nothing of Corporations or successi∣ons, or of any thing in succession.

He which intrudeth upon the Kings possession ought not to be Cognisor, for his Fine is void, for by his entrie upon the King after office, and before livery sued, he gaineth no freehold. 1 H. 7. fo. 9. 24 E. 3. f. 65; but if the Fine be levyed without intrusion, it bindeth the Cognisor and his heirs, if the Husband levies a Fine of his wives land without her, it is void. 32 H. 8. c. 28.

If a woman be Cognisor she ought to be ex∣amined, whether she do of her own free will, or by compulsion of her Husband, but being Cognisee she is not to be examined, because it is for her benefit. 3 H. 6. f. 42. E. 3. f. 7.

A Woman may not levy a Fine of such lands, &c. as she hath in Dower, Joynture, or for her life, or in tail of the gift of her hus∣band, or of any of his Ancestors, or of any person seised to his use, upon pain to loose her estate. 11 H. 7. c. 20.

Neither an Ideot natural, nor any other person of non sane memorie ought to be Cogni∣sors, for their Fines (as it seemeth) may not be reversed. 17 E. 3. f. 52. & 78. 17 Ass. 17.

A Tenant for life may not, without danger to forfeit his estate, be Cognisor in a Fine upon grant and render; but upon a grant and release he may. 44. E. 3. f. 36.

And he may also be Cognisee in a Fine of release, without forfeiture of his estate. 1 H. 7. f. 9.

Rent cannot be reserved upon a Fine sur cognisance de droit come ceo que il cognisee ad del done de cognisor, nor sur fine sur release, otherwise than by render, because such Fines execute the estate in the Cogni∣see forthwith. But upon Fines executo∣rie; as Fines sur cognisance de droit only, or sur grant, rents may be reserved, for upon those estates are executorie. 5 E. 3. 50 & 39.

It is requisite that either the Cognisor, or the Cognisee be seised of the lands contained in the Fine, at the very time of the levying thereof, for if they be not, the Fine is void. 27 H. 8. f. 4. 22 H. 6. f. 47. 5. E. 3.

Neverthelesse a Fine between the Vouchee and the Demandant is good, by reason of the privitie which is between them, for that he is as it were Tenant in Law. 5. H. 7. f 41, & 8 H. 45.

What persons may be Cognisees in Fines.

ALL lawfull subjects may take benefit by Fine, whether they be of full age, or within age, or Femes Coverts, or Ideots,

or men of non sane memorie, imprisoned with∣in or without the Realm, or bodies Civil. And if a Feme covert be Cognisee, shee nee∣deth not to be examined, as appeareth before; yet before a Fine be ingrossed for a Corporati∣on, a Writ ought to be directed to the Justi∣ces of the Common place quod permittant finem illum lavari. Dyer. f. 188. p. 9. and the like writ hath been used, when Fines have been levied of lands holden in Capite. Fitz. N. B. f. 147.

A particular Tenant, as Tenant in Dower, by the Curtesie, or for life, cannot by Fine grant and surrender his estate to the owner of the reversion, or remainder; but he may by Fine grant and release the same. 17 E. 3. f. 661. 14 E. 3. 20 E. 3. 24. E. 3. f. 26.

Of what things Fines may be levied, and of what not.

FInes may not be levyed of uncertain things, and therefore they may not be of a Tene∣ment, 3 E. 4. f 19. 11 H. 7. f. 25. but of certain things, they may be levyed, as of a Messuage, Toft, Dovehouse, Garden, Land, Meadow, Pasture, Wood, Underwood, Heath, Moor, Reeds, Marish, Willowes, rent, per Register, f. 2. a, of the Rectory of the Parish Church of M. and of the tithes of grain, her∣bage and Hay to the same Rectory belonging, &c. or with all tithes of Corn, Herbage,

and Hay to the same Rectory belonging. Thel. lib. 8. cap. 9. Sect. 2. de Rectoria. 2 E. 3. of a furlong of land. 4 H. 6. 14. of a passage of the water of T. of pasture for certain Oxen, Sheep and other beasts, and of a Common for all Cattle, or for all manner of beasts, or of free fishing, free warren, or of the advowson of the Church of D. or of any special service, as of service of one Knights Fee, one pair of gil∣ded spurs, or of service to find a man, horse∣man, or footman, to go or to ride in the Army to Wales or Scotland, &c. of a Fishing 13 E. 3. of an office, 27 H. 8. f. 12, of the profits of an office, 12 E. 3. of an Advowson Register, f. 165. of a Corody, 18 H. 6. f. 20. of Chi∣minage, 2 E. 3. f. 46. of the profits of a mill, 18 E. 3. f 56. of a free rent in the Writ, and in the Record, That the aforesaid A hath re∣cognised the aforesaid rent, with the appurte∣nances, together with the homage and the fe∣alty to B. and his heirs of all the tenements, which, &c. 1 E. 3. f. 1. and 5. of a frankfold, 1 E. 3. f. 1. of a Fair and a Market. 1 E. 3. f. 4. of a Franchise, 1 E. 3. f. 4. of a Mine of lead, and all kind of metal, with the appurte∣nances, &c. Register f. 165. of the tith of the Herbage unto the Church of N. belonging, Regist. f. 165. of the advowson of the third part of the Church, &c. or of the third part of the advowson of the Church, or of the moye∣ty of the advowson of a Church. 33. H. 6. f. 11.

And generally, in every case where a precipe quod reddat. lieth, and of diverse other things Fines may be levied, for which consult the Reg.

No Fine ought to be levied of lands in an∣cient demeasne, and if any be levied it may be reversed by a Writ of disceit brought by the Lord of the ancient demeasne. 21 E. 3. f. 20. and 17 E. 3. 7 H. 4. f. 28. and 44. 8 H. 4. f. 23. which will restore the Lord to his seig∣nory. But such Fine remaineth good between the parties to the same. 8 H. 4. f. 24.

By what names things may passe in Fines.

AN Honour may passe by the name of a Mannor, or by his proper name, as de. honore de Tickhill, or de Manerio de T.

It sufficeth to demand a Mannor by his proper name, without naming of the Town wherein it lyeth, for it may be out of any Town, or extend into several Towns and Countries, as de Manerio de D. cum pertin. yet it seemeth best to expresse all the several Towns into which it extendeth; as de Mane∣rio de S. cum pertinentiis in B. C. and D. 19 E. 4. f. 9. & 43 E. 4. f. 9. a. Bracton lib. 4. cap. 31. S. 3. 9 E. 4. f. 61. 16 a. & 17 b. 11 H. 7. f. 49. 9 E. 4. f. 3. a. 11 H. 7. f. 22. 6.

A Castle or a hundred may be parcel of a Mannor, and passe by the name of the Man∣nor whereof they be parcel. 26 Ass. 54. And some one Mannor may be parcel of another 2 E. 3. f. 56. And a Castle may be demanded by his proper name, as, de Castello de B. cum

pertinentiis. 1 E. 3. f. 4.

An hundred may be demanded by it self, as, de Hundredo de S. 27 H. 6. f. 2.

Messuagium is a dwelling house: by the name of a Messuage may passe a Curtilage, a Gar∣den or Orchard, a Dovehouse, a Shop, a Mill, as parcel of an house Eract. lib. 5. cap. 28. sect. 1. Plo. f. 169, 170, 171. The like of a Cottage, a Toft, a Chamber, a Cellar, &c. yet may they be demanded by their single names.

A Chapel or an Hospital must be demanded by the name of a Messuage, 13. Ass. 2.

A Toft is a place wherein a Messuage hath stood.

A Curtilage is a Garden or a yard near or belonging to a Messuage Plow.

Molendinum, a Mill, is good without adding ventriticum, or aquaticum, or granaticum, viz. a Wind-Mill, or a Water-Mill, or a Corn-Mill, albeit the latter be more usual. 44 E. 3. f. 13.

Land is to be demanded by the certain measure of the superficial quantity thereof, as Hidra, Carucata, Bovata, Virgata, Acra, &c. roda, &c. terrae.

In like manner, boscus, suboscus, bruera, mo∣ra, juncaria, mariscus, aluetum, & ruscaria, may be demanded by the number of acres thereof. 16 Ass. 9.

Turbarie may be demanded by the name of Morae.

Rent by the number and multitude of the things that are to be rendred, as 10 l. or six pence, or a half penny rent, &c.

Housebote, Haybote, and Plowbote may be demanded by the name of Estrovers, thus, of reasonable estrovers in the woods, viz. in 10 acres of wood of him the said A. in D. &c.

Parsonages, Rectories, Advowsons, Vica∣redges, or tithes impropriate, passe not by the name, de advocatione Ecclesiae, but, de rectoriae Ecclesiae de S. cum pertinentiis.

But when it is but of a presentation, it must be de advocatione Ecclesiae de S. & non cum pertin.

And of all Vicar edges endowed, the Writ must be, de advocatione vicarie Ecclesiae de S. &c. and not cum pertin.

And where no Vicaredge is endowed, it passeth under these words, de advocatione Ec∣clesiae de S. &c.

The Order and form of placing things in Fines.

[unspec 1] 1 THe more worthy thing must be put be∣fore things lesse worthy, as Messuage is set before Land, a Mannor before a Messuage, a Castle before a Mannor, 7 H. 6. 39. Plo. 168, 169.

[unspec 2] Secondly the Genus or thing general, before the things special, as land being the genus to meadow, pasture, wood, Juncarius, Maris∣cus is first to be placed. And wood being ge∣neral to wood-grounds, as aluetum, salicetum,

&c. to be set before them in the writs.

[unspec 3] Thirdly, entire and whole things are to be set before their parts, as de Manerio de C. & medietate Manerii de B. cum pertin, &c.

[unspec 4] Fourthly, parts of things excepted must suc∣ceed those things out of which they be excep∣on ted; And if there be divers parcels in one Writ, that parcel out of which the excepti∣is to be made, ought to be last placed, Regist. f. 6. de Manerio de D. cum pertinentiis in C. ex∣cepto unto messuagio, duobus acris terrae, & ad∣vocatione Ecclesiae de C.

And every thing excepted ought to be cer∣tainly named, it needeth not to say, cum pertinentiis after the thing excepted, 40 E. 3. 25. and the exception must always be of such things whereof they will lye. Regist. f. 228, 229. For which for the present see the ex∣ample following, viz.

Command A. B. that he render to C. D. &c. of one Messuage, one Cottage, and the moy∣ety of one Messuage, and ten acres of land, with the Appurtenances, except one acre of land in N. &c.

And finally the form and order of placing the particulars in a Writ of Covenant, is in all things, as in a praecipe quod reddat of lands.

And further observe the rules of the Regi∣ster. f. 2. which partly appeareth in these verses ensuing.

suagium, um, lendinum, umbare, dinum, ra, tum, tura, cus, ra, Mes, toft, mol, col, gar, ter, pra, past, hos, brue, mora. ria, cus, tum, ditus.

Junca, Maris, alue, red, sectare priora.

The place wherein the lands lie.

FUrthermore the place wherein the lands do lye, as the Shire, Town, Parish, or Ham∣let, for, a Fine is good in a Hamlet, 38 E. 3. f. 19. 8 E. 4. f. 6. and 7 E. 6. in Brooke Fines. 44. & 91.

Nevertheless it is good also to name the Town wherein the Hamlet is, as it seemeth, and that with addition for distinction, if there be diverse Towns of the same name in the same County.

Of the Formes of Concords.

NO Concord ought to be levied to divers persons and their heirs, but of such Te∣nements as were formerly holden of the King or Queen: for (it was for their own) now their successors advantage to have many such Tenants, 33 H. 6. f. 52. 7 H. 4. f. 7.

If a Fine be levyed to two Cognisees or more, in the Concord thereof the Cognisor shall knowledge the right therof to be to the one of the same Cognisees only. And the re∣lease and warranty therein contained, shall be limitted only to him, and his heirs. 3 H. 6. f. 42. 33 H. 6. f. 52. 21 E. 3. 24 E. 3. f. 36. 27 E. 3. f. 84.

None can take by the first estate graunted or rendred by a Fine, but some of the parties named in the Writ; but any estranger may take an estate in remainder. 30 H. 8. Br. Fines. 108. 7 E. 3. 31.

The Warranty contained in Fines ought to be made by the heirs of them, from whom the inheritance of the land passeth. As if the Hus∣band and Wife levy a Fine of the Wives lands, the Warrantie must be from the Hus∣band and Wife, and the Heirs of the Wife, otherwise if it were of the Husbands lands, then the Warranty must be from his heirs. 42 E. 3 f. 13. 44 E. 3. f. 21. and from the Heirs of one only. 21 E. 27. except it be of lands in Gavel-kind. 24 E. 3. f. 66.

No Fine ought to be levyed upon any Condition, Nam finis finem litibus imponere debet, but clauses of distresse may be in Fines. 33 H. 6. f. 52. 44 E. 3. f. 22.

Also some Fines be sur cognisance de droit come ceo que le cognisee ad del done le cognis. 2ly. some other sur cognisance de droit tantum. 3ly. some other of grant and release, and lastly some of grant and render, and upon grant; All which plainly appear by examples here∣after ensuing.

Also in Concords be not repeated all the words in the Writ, but the general words thereof only, as Mannor, Tenement, Rent, Common, Advowson, &c. as appeareth in the ensuing examples of Concords.

Observations at the knowledging of Fines; and first how to acknow∣ledge a Fine before the Lord Chief Justice of the Common Pleas.

FIrst you are to take notice, that none but the Lord Chief Justice can take cognisance of Fines without dedimus potestatem, which privilege is given him by the prerogative of his Office. Dyer, f. 224. Pla. 31.

Wherefore if you would acknowledge your Fine before him out of Court; you must first draw your praecipe and Concord in paper, and bring the parties that must acknowledge the Fine, to my Lords Chamber, and deliver your praecipe to my Lords Clerk of the Fines, who will read it to them in presence of my Lord, and their hands being first set to it, he acknowledgeth it before my Lord, and he putteth his hand to it, for which you pay to the Clerk for my Lords see 9 s. 8 d.

Which being done, the Clerk will ingross the precipe and Concord in Parchment, and get my Lords hand to that, which you must fetch from him, and give him his fce for the in∣grossing thereof; then you must car∣ry it to the Cursitor of the Shire where the land lies, and leave it with him, to have a Writ of Covenant made by it; when the Writ is made, before you passe it under seal, you carry it to the Alienation Office, where

you are to pay a Fine for licence or leave to alien, and there it is you must make your com∣position, which is set by the Commissioners sitting for that purpose, when you have infor∣med the value, there is one sits purposely with the Commissioners to take it, who was formerly a Doctor.

The value being set down by one of the Commissioners, if it exceed forty shillings (or else there is nothing to be paid) you must go to the Receiver in the same Office, and pay the Fine so assessed, which is the Kings silver for the Kings Licence, which Licence the Clerk of the Kings silver entereth; when the money is paid, the Receiver will set his hand to the back of the Writ, then you must give it to the Doctor to sign, who hath 4d. for his hand, then get the hands of the two Com∣missioners to the back of the Writ, which done you must carry it to the 3 Clerks sitting, to be endorsed and entred.

This being done, you bring back your Writ to the Cursitor, and he will get it sealed, and then you pay him for his fee 2 s. 6 d. then having broken it open, you are to return it as followeth.

* 1.3 John Doo pledges of pro secuting Richard Roo.

* 1.4 John Den, Richard Fen.

This is now by a late erected Office done by an Officer, who takes for the doing of it, and entring of it 1 s. 6 d.

Note, you are to file a Warrant of Atturney with the Clerk of the Warrants, where your Writ of Covenant must be signed, which Warrant is as followeth (the Shire in the margent) G. W. puts in his place T. L. to pro∣secute a Writ of Covenant against T. H. of lands and Tenements in A. and C.

That done, file your Writ of Covenant and your Concord which you had from the Lords Clerk together, and carry them to the Custos brevium to the Clerk that dealeth for that Shire, and leave them with him to enter in his book, and to endorse the Writ, when he hath done, fetch them from him, and pay him for the same 3 s. 8 d.

Then carry them to the Kings silver Office, to enter the Kings silver, which is the Fine for the value which you paid to the Receiver in the alienation Office; (The form of which entry you may see hereafter set down, toge∣ther with more clear examples of proceedings in the acknowledging of Fines, than I have here briefly written.) for which you pay him 6 d. which done, you deliver it to the Secon∣dary in the Chirographers Office, who takes it forth in his book, and hath for his fee 5 s. 8 d. if it be in the Term, if it be out of Term, you pay him twelve pence more for allowing the Proclamation in the same Term. That done, you must in the same Office deli∣ver it to the Clerk of the Office, who is ap∣pointed to write for that Shire, wherein the

land lies, to ingrosse, he hath for ingrossing it 2 s. 6 d. if small, but if great, 3 s. 6 d. or more, in case it be exemplified.

When your Fines are ingrossed, which are by way of Indentures, get one part from him, and deliver it your Clyent to keep.

The Charges of the Fine aforesaid.

	l.	s.	d.
IMprimis, for drawing the Concord	0	3	4
For the Lord Chief Justices fee for acknowledgement.	0	9	8
To his Clerk for ingros∣sing the Concord.	0	1	6
For the Writ of Covenant.	0	2	6
For the return	0	2	0
For the Post diem thereof	0	0	4
For the Fine	0	0	0
To the Receiver for making the Writ of Covenant.	0	0	6
For the entry and endors∣ment.	0	1	6
For the Doctors hand.	0	0	4
For the Warrant of Atturney and filing it.	0	0	8
To the Custos brevium.	0	3	8
To the Clerk of the Kings silver.	0	1	4
To the Chirographer.	0	6	8
For ingrossing the Fine.	0	3	0
For the Attorneys fee.	0	6	8

Observations at the knowledging of a Fine out of Court, by a special Dedimus potestatem.

IF the Fine be knowledged out of Court, the day and place of the taking of the Fine is by 23 Eliz. cap. 3. to be entred, thus, ta∣ken and knowledged at S. the 10th. day of May, &c. for otherwise the Clerk or Officer receiving the same, loseth 5 l. for every offence.

Also at the knowledging of every Fine, if the Justice or Commissioners that take the Cognisance thereof, do not know the Cog∣nisors, it is requisite, that some other credi∣ble person to him known, who knoweth the Cognisors be present, and inform such Ju∣stice or Commissioners, that they be the self same persons against whom the Writ is brought. 34 H. 6. f. 19.

Lands bought of divers persons or by divers persons, may passe in one Fine, if the Writ of Co∣venāt be brought against all the vendors by all the vendees: But then the clause of Waranty in the Concord thereof, should be several against every vendor by himself and his heirs: For it were very absutd, that one man should war∣rant against all men, land sold by others.

In regard of the Cognisors debility of body, or remotenesse from London or Westminster, or other occasion, you are to sue out a dedimus potestatem, reciting that the Writ of Covenant is depending, and bearing Test after the

Writ of Covenant, directed to some Justice, or to a Serjeant at Law, or a Lord or Knight or two, and some other expert man to take the same Cognisance in the Country, and to return and certifie the same to the Justices of the Common place, with the dedimus potestatem and Cognisance.

If they certifie not, a Certiorari is to be a∣warded to them, comprehending all the mat∣ter of the said Writ, and commanding them to certifie &c. which if they do not, there lieth against them Alias plur, & Attach.

If any Justice or Serjeant take the know∣ledge of a Fine of lands, nor lying within his Circuit, the Writ of Dedimus potestatem there∣of is used to be signed by a Justice of the Cir∣cuit where the land lieth. Dier, f. 220. p. 15.

And every special Writ of Dedimus potesta∣tem to special Commissioners, must be signed either by the Commissioners, or by the Chief Justice of the Common pleas, of some of the Justices of Assizes in the Circuit of the Coun∣try where the land lyeth, which is to passe thereby.

But Justices of the Assizes by virtue of their patents may take the knowledge of Fines in their Circuits, before any Dedimus potestatem be sued out. Dier, f. 224. pla. 31. yet must a Dedimus potestatem be sued out upon the note directed to them, before they can certifie the same.

Also Fines have been levied before Justices in Eire, li. int. scire fac. in Aide 2.

But a Justice cannot take the knowledge of

a Fine to himself, that is, where he himself is Cognisee. 8 H. 6. f. 21.

Now the Order to sue forth a Fine to be acknowledged before Commissioners in the Country by special Dedimus potestatem is this.

First you must draw your praecipe in a sheet of paper, as a note for the Cursitor to draw the Dedimus by, then ingrosse your praecipe and Concord in a piece of parchment, and go with it to the Cursitor of the Shire where your land lies, and upon your praecipe in paper in∣sert your Commissioners names, which must be four in number, whereof one at least must be a Knight, and get him to make your Dedi∣mus potestatem, for which you must pay him 〈◊〉〈◊〉 and in paying of him (for he takes for them all) you pay a Fine, and for a Judges hand, and for the Master of the Rolls his hand, which hands must be had before it be sealed, and then having it under Seal, de∣liver it so, and the Concord, before any two of the Commissioners named in the Dedimus potestatem, and your Cognisors being present, let them take the caption, which being done, they must return the Writ of Dedimus, and their execution thereof, in manner and form as hereafter by example shall be shew∣ed.

Note, that upon every Fine past, where a Fine is paid, there is within 4 or 5 Terms a post Fine, that comes in Charge to the Sheriff to levy in the County where the land lieth, and that Fine is as much, and half as much as was paid before in the Alienation Office.

Charges of the Fine by special Dedimus potestatem taken before Commissioners.

IMprimus for drawing the praeci∣pe and Concord.	0	3	4
For the special Dedimus potestatem.	1	0	0
For the return.	0	3	0

For the rest of the Fees they differ very lit∣tle from what are paid upon Fines otherwise acknowledged.

How to acknowledge a Fine before a Judge out of Court by De∣dimus potestatem.

YOu must proceed in taking the acknow∣ledgement, and passing the Writ of Co∣venant through the Alienation Office, in like manner as is before shewed, which being done, and delivering your Writ back to the Cursi∣tor, you must bespeak a Dedimus potestatem, which the Cursitor is to make; and when you have your Writ of Covenant and Dedimus po∣testatem under Seal, you must deliver the Dedimus to the Judges Clerk of the Fines, and he will ingrosse the praecipe and Concord, as before is shewed, and return the Dedimus,

and get the Judges hand to it; which Dedimus so returned, Concord and Writ of Covenant, you must annex together, and passe them through the Custos brevium, Clerk of the War∣ranty, Clerk of the Kings silver, Mr. Jones his Office of Inrolments, as its termed, and the Chirographers Office, in like manner as is before shewed: The course and proceeding, and fees being all one, more than this, that you pay to the Cursitor for your Dedimus pote∣statem 9 s. 2 d.

Charges of a Fine knowledged by Dedimus potestatem be∣fore a Judge, and ex∣emplified.

FOr drawing the praecipe and Concord.	0	3	4
To the Judge for his Fee.	0	9	••
To the Clerk for the return of the Dedimus, and ingrossing the Concord.	0	2	6
For the Writ of Dedimus potestatem. For all other Fees, as in the last proceeding, for the several Offices.	0	9	2
For the Exemplification.	0	2	8
For the Exemplifying.	0	5	6
For the Seal thereof.	0	2	2

Having thus far proceeded, it remains to shew how to sue forth a licence of Alienation of lands holden in Capite.

You must first get the Clerk of the Alienati∣ons, to make you a Docquet in Paper, which you must carry to the Alienation Office, and there compound for the value of the land, which must be also by composition, or affidavit, as is shewed before.

The value being set down underneath your Docquet, you must pay a third part of the value assessed by way of Fine for your Li∣cence, which you must likewise pay there in the same Office, and you must give the Re∣ceiver over and above what you pay 6 d.

Then you are to get the Doctors hand to your Docquet, for which you must give him 2 s. and you must then get the Commissioners in the same Office to set their hands to the Docquet, then deliver it to the Register there to enter, for which you pay him 6 d.

And after it is entred, then carry it to the Clerk of the Alienation again, and he will get the Lord Chancellor or Lord-Keepers hand to it, and will afterwards ingrosse your licence of Alienation, and passe it under the great Seal for you. The Charges are as followeth.

FOr drawing the Concord.	0	3	4
For my Lord Chief Justice fee for acknowledgement.	0	9	8
To his Clerk for ingrossing the Concord.	0	1	6
For the Writ of Covenant.	0	2	6
For the return.	0	2	0

For the post diem thereof.	0	0	4
For the Fine.	0	0	0
To the Receiver for marking the Writ of Covenant.	0	0	6
For the entry and endorsement	0	1	6
For the Doctors hand.	0	0	4
For the Warrant of Atturney, and filing it.	0	0	8
To the Custos brevium.	0	3	8
To the Clerk of the Kings silver,	0	1	4
To the Chirographer.	0	6	8
For ingrossing the Fine.	0	3	0
For the Atturneys fee.	0	6	8

How to acknowledge a Fine at the Bar in Court.

IF the acknowledgement be to be made in o∣pen Court, you must have your Writ of Covenant made by the Cursitor, and there compound it at the Office of Alienati∣on, where it must likewise be endorsed and entred, and so fitted for the Seal, to which must be annexed your praecipe and Con∣cord in parchment, which you must deliver to some one of the Serjeants at Bar to draw it for you, and then you pay him 3 s. 4 d. the o∣ther fees payable in Court are certain, and are not great, for by the acknowledgement in Court, the Client saves divers Fees and

Charges whicb otherwise the Caption would cost.

The Caption being past, you proceed with your praecipe and Concord, and Writ of Covenant, through the Alienation Office, Kings silver, Custos brevinm, and Chiroprapher, as before was shewed in other acknowledgements.

Charges of the Fine acknowledged at Bar.

FOr drawing the praecipe and Concord.	0	3	4
For the Writ of Covenant.	0	2	6
For the return of the same.	0	2	0
For the filing thereof.	0	10	0
To the Serjeant at Bar.	0	3	4
To the Prothonotary.	0	0	6
To the Secondary.	0	0	6
To the Crier Tipstaves and Court keeper.	0	1	6
For the Doctors hand.	0	0	4
For the Warrant of Atturney and filing of it.	0	0	8
To the Custos brevium.	0	3	8
To the Clerk of the Kings silver.	0	1	4
To the Chirographer.	0	6	8
For ingrossing the Indenture of the Fine.	0	3	0
For the Fee.	0	6	8

Since that we have hitherto seen how to sue forth a Fine, let us also know what

things hinder the certifying and ingrossing of Fines knowledged.

If the Cognisor dye after the knowledging of a Fine, and before it be ingrossed, such Fine ought not to be certified nor ingrossed. 33 H. 6. f. 52. 1 H. 7. f. 9. In like manner if the Cognisee die.

But if the Writ of Covenant and Dedimus po∣testatem be returned, and thereupon the Kings silver entred, and before the Fine be ingrossed the Cognisor or Cognisee die, yet is the Fine thereof good, and may after∣wards be ingrossed, though it be in another Term; Haec est finalis Concord. facta, &c. in Crastino pur. beatae M. Et post concessa & recor∣data in quindena Pasc. &c. Dier. f. 220. p. 15. & f. 254. p. 104.

But if the King die after the Writ of Cove∣nant be returned, and the Kings silver ente∣tred, and before the Fine be ingrossed, yet the Writ of Covenant shall be resummoned, and the Fine ingrossed, otherwise if the Kings silver be not entred. 1 H. 7.

And in like manner, if any Commissioner or Justice before whom a Fine is knowledged, chance to die or be discharged of his or their Office, before the Kings silver thereof be en∣tred, then may a Writ of Certiorari be dire∣cted out of the Chancery to the Justices dis∣charged, or to Executors or Administrators of such Commissioners or Justices so dying, commanding them to certifie the note of the said Fine and Concord. Fitz. f. 174. b. 8 H. 4. f. 5. 1 H. 7. f. 9. which being returned the Fine may proceed and be ingrossed.

A Fine knowledged of lands holden in Ca∣pite, ought not to be ingrossed before a Li∣cence of Alienation be sued out thereupon. 33 H. 6. f. 52. and a Writ of quod permittat fi∣nem levari, &c.

A Fine of a reversion ought not to be in∣grossed until the Tenant for term of life at∣turn, for until atturnment he is dispunisha∣ble of wast, neither can the Cognisee avow upon him for the rent behind before Atturn∣ment. 22 H. 6. f. 13. plow. f. 431. b.

And the Cognisee may compell such Te∣nant for life to atturn by quid Juris clamat. and if the Fine be of services he is compellable to atturn by a Writ of per quae servitia: if of rent, by a Writ of quem redditum reddit. No. na. br. f. 47. a. b. and such Writs must be su∣ed after the note of the Fine knowledged, and the Kings silver entred, and before it be ingrossed.

And by the Statute of 23 Eliz. ca. 3. notes of Fines and Concord knowledged, for the levying of Fines, are to be certified within one year next after the knowledging thereof, or else the person taking knowledge of such Fines is not bound to certifie the same: Ne∣verthelesse if it be certifyed afterwards, it is good enough.

Thus having briefly discovered the impedi∣ments that hinder the certifying & ingrossing of Fines knowledged, and having left nothing untoucht of the proceeding in suing forth Fines, let us go on to the subject matter, the very forms of Fines and Concords.

A Writ of Covenant of Common.

COmmand, &c. of three Messuages, &c. with appurtenances in D. and T. and of Com∣mon, of pasture for all and all manner of beasts, and of pasture for 400 sheep, with the appurtenances in D. in the Parish of C. And unlesse he shall do it, then summon by good Summoners, &c.

Of Land and Sheep walk.

COmmand, &c. of one Messuage, one Cur∣••ilage, one Garden, &c. and five pounds rent, with the appurtenances in F. Also of li∣berty of one Foldage and of Sheep walk, with the appurtenances in F. And unlesse, &c.

Of Wood and Foldage,

COmmand, &c. of one hundred acres of wood, with the appurtenances in N. and of the liberty of Foldage for 40 sheep, wirh the appurtenances in S. And unlesse &c.

Of Wood.

COmmand o•• &c. and four roods of Wood, &c. in the Parishes of B. and L. &c.

COmmand, &c. of 2 parts in 3 parts to be divided, 8 acres of land, 40 acres of pa∣sture, 40 acres of fresh and marish land, with the appurtenances in D. &c. And unlesse, &c.

Of a Parsonage impropriate, and of the Moyety of tithes.

COmmand, &c. of the Rectory impropri∣ate of H. with the appurtenances, & of the moiety of all the tithes of Grain, Corn, Her∣bage, and Hay, of the lands called the B. la••ds, with the appurtenance; in H. afore∣said, &c. And unlesse, &c.

Of a Mannor of rent, and of free-folding for Sheep.

COmmand, &c. of the Mannor of, &c. And ten shillings rent, and of free-folding for sheep, with the appurtenances in R. and of the hundred of L. And unlesse, &c.

A Writ of Covenant of 3 parts of 4 Messuages, 4 Cottages, &c.

COmmand W. S. that he hold Covenant, &c. of the 3 part of 4 Messuages, 4 Cotta∣ges, one Mill, 10 Gardens, 10 Orchards, 200 acres of Land, 200 acres of Meadow, 200 acres of Pasture, 30 acres of Moor, 30 acres of Turbarie, and 5 s. rent, with the appur∣tenances in A. B. C. D. and of the third part of the view of frank pledge of the goods and Chattles waived, of Fugitives put in exigent, felons de se, deodands treasure found and extra∣hur, with the apurtenances in M. &c. Also of the third part of the Rectorie of the Church of K. with the appurtenances, And unlesse, &c.

A Writ of Covenant of Tithes.

* 1.5COmmand T. N. Knight, that he hold Covenant, &c. of the pro∣fits of Grain, Hay, Wool, and Lambs, and of all other Tithes, with the appurtenances in M. And unlesse, &c.

A Writ of Covenant of the Scite of a Monastery.

* 1.6COmmand A. B. that he hold Co∣venant to C. D. of the Scite of the

Monastery of B. with the appurtenances, and of 20 Messuages, &c. and of Common of Pa∣sture for all manner of beasts and of 100 shillings rent, and of the rent of henns, and rent work, with the appurtenances in ••. and F. And unlesse, &c.

And the Concord is such (to wit) that the aforesaid A. B. hath recognised the aforesaid Scite, Tenement, Common of Pasture, and rents, with the appurtenances to be the right of the said C. as those, &c. (with release and Warranty, &c.)

A Writ of Covenant of divers things.

* 1.7COmmand F. M. Esq; and T. M. Son and Heir apparent of the ••ame F. that they hold Covenant to F. F. and N. R. Gentlemen, &c. of the Mannors of T. S. and H. near N. upon Trent. And of 40 Messu∣ages, 20 Cottages, 40 Tofts, 30 Barns, 2 Water-mills, 1 Wind-mill, 3 Dove-houses, 40 Gardens, 40 Orchards, a thousand acres of land, a thousand acres of Meadow, 1000 acres of pasture, 500 acres of wood, 100 a∣cres of Marish, 100 acres of Furres and Heath, 100 acres Willows, 100 acres Rushes, 500 a∣cres of Moor, 4 l. rent, and the rent of half a pound of pepper, with the appurtenance•• in T. &c. And also 50 Mines of Coal, with the appurtenances in T. S. and also of the Advow∣son of the Church of T. and H. And unlesse &c.

A Writ of Covenant of Dismes and Tithes.

* 1.8COmmand D. F. that, &c. he ••old Covenant to R. Y. Esq; &c. of the Titnes of Sheafs, Grain, and Hay, with the appurtenances in R. and W. and of the tithes af Hay in V. also of the tithes of Wool, Lambs, Offerings, Obventions and E∣moluments, and of all other tithes whatsoe∣ver, coming, growing, and renewing in W. aforesaid, And unlesse, &c.

COmmand T. B. and A. his Wife, that they ••old Covenant to C. W. Esquire: &c. of the Rectorie of L. and of the Advowson of the Vicaridge of L. and of 10 Messuages, 10 Cot∣tages, 10 Barns, 10 Gardens, &c. with the appurtenances in L. aforesaid, And unlesse, &c.

COmmand, &c. that justly, &c. of 10 Mes∣suages, &c. in W. also of the Rectory of the Church of G. and of the tithes of Grain, Hay, Wool, Lambs, and all other tithes what∣soever in G. aforesaid, and also of the Ad∣vowson of the Vicaridge of the Church of G. ••foresaid with the appurtenances, And un∣••esse, &c.

A Release by Fine by one to two.

* 1.9COmmand, W. W. that justly &c. he hold to L. and A. P. Covenant, &c. of six Messuages &c. with the appurte∣nances in C. W. and E. &c. And unlesse. &c.

And the Concord is such (to wit) that the aforesaid W. hath recognised the aforesaid Tenements, with the appurtenances, to be the right of the said I. as those which the same I. and A. have by the gift of the aforesaid W. And those he hath remised and quite claim∣ed from himself and his heirs to the aforesaid I. and A. and their heirs for ever. And fur∣thermore the same W. hath granted for him∣self and his heirs, that he will warrant to the aforesaid I. and A. and the heirs of him the aforesaid I. the aforesaid Tenements, with the appurtenances against the aforesaid W. and his heirs for ever. And for this &c.

A Fine upon Cognisance de droit by the Husband and Wife, to two.

* 1.10COmmand I. T. and A. his Wife, that justly &c. they hold to W. R. and R. D. Covenant &c. of 4 Messuages, 4 Tofts, 40 acres of land, 20 acres of Meadow, 120 acres of Pasture, and five shillings and four pence rent with the appurtenances in S. And unlesse, &c.

And the Concord is such (to wit) that the aforesaid I. and A. have recognised the afore∣said Tenement, with the appurtenances to be the right of him the said W. as those which the said W. and R. have by the gift of the a∣foresaid I. and A. And those they have re∣mised and quite claimed from the said J. and A. and the heirs of him the said I. to the a∣foresaid W. and R. and the heirs of him the said W. for ever. And furthermore the same I. & A. have granted for themselves & the heirs of him the said A. that they will warrant to the aforesaid W. and R. and the heirs of him the said W. the aforesaid Tenement, with the appurtenances, against the aforesaid I. and A. and the heirs of him the said I. for ever. And for this Recognisance, remise, quite claim, Warranty, Fine, and Concord, the same W. and R. have given to the aforesaid I. and A. two hundred and forty pounds sterling.

A Fine by Baron and Feme, and a∣nother.

* 1.11COmmand R. B. Gentleman, and T. R. and M. his Wife, that they hold to T. B. Gent. Covenant, &c. of 30 a∣cres of land, 2 acres of Meadow, 3 acres of Pasture, and 6 acres of wood, with the ap∣purtenances in C. And unlesse, &c.

And the Concord is such (to wit) that the aforesaid R. T. and M. have recognised the

Tenements aforesaid, with the appurtenan∣ces, to be the right of him the said T. B. as those which the same T. hath by the gift of the aforesaid R. T. & M. & those they have remised and quite claimed from them the said R. T. and M. and the heirs of him the said R. to the aforesaid T. B. and his heirs for ever: And furthermore the same R. T. and M. have granted for themselves, and the heirs of him the said R. that they will warrant the Tenements afore∣said, with the appurtenances to the afore∣said T. B. and his heirs against the aforesaid R. T. and M. and the heirs of him the said R. for ever. And for this, &c.

A Fine of a parcel in reversion by a Coparcenar.

* 1.12COmmand T. W. and K. his Wife, that justly, &c. they hold to G. S. the Covenant between them made, of the third part of 8 Messuages, 7 Gardens, 40 a∣cres of land, 10 acres of Meadow, 20 acres, of Pasture, 50 acres of Wood, with the appur∣tenances in A. B. C. and D.

And the Concord is such (to wit) that the aforesaid T. and K. have recognized the third part aforesaid, with the appurtenances, to be the right of the aforesaid G. and have granted rhat the same third part, with the appurte∣nances which M. B. Widdow, holdeth for

Term of her life, of the inheritance of the said K. the day that this Concord was made, and which, after the death of the same M. unto them the said T. and K. ought to revert, shall remain to the foresaid G. and his heirs for ever, to hold, &c. Moreover the same T. and K. have granted for themselves and the heirs of him the said K. that they will warrant to the aforesaid G. and his heirs the third part aforesaid, with the appurtenances, as afore∣said, against themselves, and the heirs of him the said R. for ever. And for this, &c.

A Fine by an Earl, Husband and Wife, to an Arch bishop, and one other.

* 1.13COmmand I. L. Knight, Lord L. and I. his wife, that justly, and without delay they hold to the reverend fa∣ther in Christ T. Y. by the Divine permission Archbishop of York Primate of England, and G. E. the Covenant between them made of the Mannors of R. and M. with the appurte∣nances, and of 50 Messuages, 500 Tosts, 200 Cottages, 6 Mills, 500 Barns, 500 Gardens, 5000 acres of land, 1000 acres of Meadow, 6000 acres of Pasture, 1000 acres of Wood, 10000 acres of Furres, and Heath, and of five hundred pounds rent, with the appurtenan∣ces in R. C. A. or else S. T. V. W. and E. and of the Advowson of the Church of E. aforesaid, And of the view of Frank pledge of K. C. and

A. aforesaid, And unlesse, &c.

And the Concord is such (to wit) that the aforesaid I. L. Knight, Lord L. and I. his Wife have recognised the Mannors, Tene∣ments, Rents, Advowson, and view of Frank pledge aforesaid, with the appurtenances to be right of him the said T. Y. Arch bishop of York, as those which the same T. Y. Arch bi∣shop, and G. and L. have, by the gift of the aforesaid I. L. and I his Wife, and those they have remised to T. Y. Arch bishop and G. L. & the heirs of him the said T. Y. Arch bishop for ever. And moreover the same I. L. & I. his Wife have granted for themselves, and the heirs of him the said L. that they will warrant the Mannors, Tenements, Rents, Advowson, and view of Frank pledge aforesaid, with the appurtenances to the aforesaid T. Y. Arch∣bishosh of York and G. L. and the heirs of him the said T. Y. Arch-bishop, against all men for ever, And for this, &c.

A Concord from two to two, with special Warranty.

ANd the Concord is such, that the afore∣said A. and B. have recognised the afore∣said Mannors, Mills, Dovehouses, Tene∣ments, Common of Pasture, with the appur∣tenances to be the right of him the said C. as those that the same C. and D. have by the gift of them the said A. and B. and those they have

remised and quite claimed from themselves, and the heirs of him the said A. to the afore∣said C. and D. and the heirs of him the said C. for ever. And furthermore the same A. hath granted for himself and his heirs, that he will warrant to the aforesaid C. and D. and the heirs of him the said C. the aforesaid Mannors, Mills, Dovehouses, Tenements, Rents, Com∣mon of Pasture, with the appurtenances a∣gainst themselves and their heirs for ever, And furthermore the same B. hath granted for himself and his heirs, &c. (as above.)

A Fine upon recognisance of right, as that which he hath of his right, with release and warranty by Husband and Wife to a third person, with a gene∣ral Warranty.

* 1.14COmmand I. H. and V. his Wife, that justly &c. they hold to R. P. Gent. the Covenant of the Mannor of B. with the appurtenances, and of 20 Messuages, 3 Tofts, 6 Cottages, 4 Barns, one Water-mill, one Wind-mill, one Fulling-mill, one Dove∣house, 20 Gardens, 10 Orchards, 100 acres of Land, 100 acres of Meadow, 1000 acres of Pasture, 10 acres of Wood, 20 acres of Wil∣lows, 100 acres of Furres and Heath, 20 a∣cres of Moor, 20 acres of Turbarie, 30 acres of Mosses, 6 acres of Rushes, 20 acres of fresh Marish, and 30 acres of salt Marish, 2 acres of Alders, 10 Marks rent, with the appurtenan∣ces

in B. C. and D. Also of free fishings in the waters of B. C. and D. and of severall fishing in the water of S. also of the advowson of the Church of B. by turns when it shall happen. And unlesse, &c.

And the Concord is such to wit, that the aforesaid I. & V. have recognised the mannors and tenements, rents, and free fishing afore∣said, with the apurtenances, and the advow∣son aforesaid to be the right of him the said R. as those which the same R. hath by the gift of the aforesaid I. and V. and those they have remised and quite claimed from them the said I. and V. the heirs of him the said I. to the a∣foresaid R. and his heirs for ever, and moreo∣ver the said I. and V. have granted for them∣selves, and the heirs of him the said I. that they will warrant to the aforesaid R. and his heirs and assigns the aforesaid mannors, tene∣ments, rents, and free-fishings, with the ap∣puttenances, and the advowson aforesaid, a∣gainst all men for ever. And for this recogni∣zance remise, quite claim, warranty, fine, and concord, the same R. hath given to the afore∣said I. and V. forty pounds.

A Concord of many things together sur cognisance de droit come ceo, &c.

THis is the finall &c. in the year &c. before &c. Justices and other faithfull men then there present, between I. A. Plantiff, and M. B. Deforcient of the honour of D. the

Castle of the Shriefdome of S. with the hundred, the members and their appurtenances, the Isle of D. the Barony of D. the hundred of D. the borough of D. one Knights-fee in D. the Scite, Circuit, and precinct, late of the Mo∣nasterie, of D. the mannor of D. with the ap∣purtenances, the Scite of the mannor of D. the Grange of D. the Park of D. the pre••end of D. one capitall Messuage. 2 Messuages, 2 Tofts, 2 Cottages, 1 Dove-house, 1 Fulling Mill, 1 Water-Mill, 1 Wind-Mill, 1 Malt-Mill, 1 Corn-Mill, 1 Barn, 1 Garden, 1 Or∣chard, 10 acres of Land, 10 acres of Meadow, 20 acres of Pasture, 4 acres of Wood, 40 acres of Furres and Heath, 30 acres of moor, 50 acres of Salt-marish, 9 acres of Fresh marish, 30 a∣cres of Turbary, 9 acres Rushes, 9 acres of Willows, 9 acres of Mosses, 4 acres of land co∣vered with water, Common of Pasture for all or all kind of Beasts, for 100 sheep, 10 Hor∣ses, Cows, Hogs, Geldings, &c. free warren, free fishing, liberty of foldage, freefold for a Cart with salt peter, lead, a pit of Salt water, twenty pounds, ten marks, ten shillings, one penny, one half penny, farthing rent.

And the rent of one pair of Gloves, one pair of gilded Spurs, a barbed arrow, one pair of Shoes, 1 Coulter of a plow-sheer, one pound of wax, one pound of pepper, one pound of Cummin, one clove gilly flower, one basket of madder, one needle and thred, one quarter of Corn, one quarter of Barley, one pair of Ca∣pons, forty Cocks, twenty Hens, a thousand of Sheep, and 100 Geese, with the appur∣tenances in D.

And of the common of pasture which the a∣foresaid M. B. hath and was wont to have for all his beasts. in a hundred acres of pasture of the said I. A. in D.

And of all and all manner of oblations, tenths of Grain, Sheafs, Hay, Wool, Flax, Hemp, Swine, Geese of the fields, &c. and other emoluments, whatsoever belonging, ap∣pertaining, growing, or being within the said appurtenances in D.

And Thanage, Stallage, Picage, Pontage within the borough of D. of a certain corodie for ones bread, one flagon of beer, for all men in D.

And of a water pit, and a water-course run∣ning from a place called H. beneath and through the lands called K. unto the Mill called S.

A wear or floudgate in D. and of the view of Frank pledge, the liberty and Franchises in D. also of the custody or office of the Custo∣dy of B. of the keeping of the Park and For∣rest of D. and of the ofice of a Steward in D. of the Bayliwick, or office of a Bayliffe in D.

Also of the Fairs of D. every year at the feasts of N. M. there to be kept, the Markets of D. quiet or free passage over the water D. the rectory of D. the advowson, presentation donation free disposition and right of patro∣nage of the Church of D. a certain portion of tenths and pensions in D.

Also of the moiety of the mannor of D. with the appurtenances, and of the third part of the tenement of C. in three parts divided, except and always reserved the patronage

together with the Advowson of the Vicaridge of the Church of D. and the Chapel to the same Rectory annexed, and all tithes of Grain, view of Frank-pledge, and all things which to the view of Frank-pledge belong, Wards, Marriages, Escheats, Cattles, of Fe∣lons waived, extrahur, Felons, Fugitives, Outlawes attainted with the Lands, and Te∣nements of Outlawes and Waives whatsoever, estraies, Markets, wreck of the sea, and all and so many rights, jurisdictions, privile∣ges, franchises, and free-holds aforesaid, or any of them concerning, and to the said M. B. and his heirs, as of the Mannot of D. be∣longing.

Whereupon plea of Covenant was summo∣ned between them in the said Court, to wit, that the aforesaid M. hath recognised the a∣foresaid Honour, Castle, Sheriffdom, Isle, Baronie, Hundred, Borough, Knights-Fee, Scite, Mannor, Park, Prebend, Tenement, Rents, Common of Pasture, free Warren, free Fishing, liberty of Saltpeter, Lead, Bul∣len, Pit, Rectory, Tithes, Oblations, Tha∣nage, Stallage, Piccage, Pontage, Corrodie, Water pit, view of Frank pledge, Liberties, Franchises, Custodies, Office of Steward, Ba∣lywicks, Fairs, Markets, Passage, Wreck of the Sea, Moyety, and third parts, with the Appurtenances, and Advowsons, Presentati∣ons, free Disposition, right of Patronage, Por∣tions and Pensions aforesaid, to be the right of him the said I. as those which the fame I. hath by the gift of the foresaid M. And those he hath remised and quite claimed from him∣self

and his heirs to the aforesaid J. & his heirs for ever.

And furthermore the same M. hath granted for himself and his heirs, that he will warrant to the aforesaid I. and his heirs the aforesaid Honor, Castle, Sheriffdome, Isle, &c. (as a∣bove) against himself and his heirs for ever, and for this recognisance, fine &c.

A Fine of a Rent.

* 1.15COmmand J. Earl of H. and Dame K. his Wife, Countesse of H. that justly, and without delay, they hold to W. C. Covenant, &c. of 40 pounds yearly rent, issuing out of the Mannor of E. &c. And un∣lesse, &c.

And the Concord is such (to wit) that the aforesaid Earl and Countesse have recognised the rent aforesaid, with the appurtenances, to be the right of him the said W. as those which the said W. hath by the gift of the aforesaid Earl & Countesse, and those they have remised and quite claimed from themselves and their heirs to the aforesaid W. and his heirs for ever. And furthermore the said Earl and Countesse have granted for themselves, and the heirs of him the said Earl, that they will warrant the rent with the appurtenances to the aforesaid W. and his heirs against all men for ever. And for this, &c.

A Fine of part of a rent by Husband and Wife.

* 1.16COmmand R. and J. his Wife, that they hold to H. C. Covenant, &c. of the third part of five pounds, six shil∣lings and eight pence rent, with the appurte∣nances issuing out of the Mannors of K. And unlesse, &c.

And the Concord is such (to wit) that the a∣foresaid R. and I. have recognised the third part aforesaid, with the appurtenances, to be the right of him the said H. as that which the same H. hath, by the gift of the aforesaid R. and I. And that they have remised and quite∣claimed from themselves and the heirs of him the said I. to the aforesaid H. and his heirs for ever. And furthermore the same R. and I. have granted for themselves and the heirs of him the said I. that they will warrant to the aforesaid H. and his heirs the aforesaid third part, with the appurtenances against all men for ever, And for this &c.

A praecipe with an exception and sa∣ving some parcels.

COmmand, &c. Covenant, &c of the Rec∣tory of T. with the appurtenances, except the Advowson of the Vicaridge of the Church of T. And unlesse, &c.

And the Concord, &c. That the aforesaid A. hath recognised the Rectory aforesaid, with the appurtenances (except before excepted) to be the right, &c. And that he hath remised, &c. except before excepted) And furthermore the same, &c. hath granted for himself, &c. that he will warrant to the aforesaid, &c. the Rectory aforesaid, with the appurtenances (except be∣fore excepted, &c.)

A Concord with a render for life to the Husband and the Wife, being the Conusors of parcel of Mannors and Lands conteined in the Writ of Covenant, the remainder to the first and second begotton Sons of the Conusors in tail, and to the heirs Mal••s, and for default of such issue, then to the Conusors in general tail, and for default of such issue, then to the right heirs of the Conusors for ever; with grant and render of ten Messuages, &c. residue of the same Mannor, &c. to the said Conusors.

ANd the Concord is such (to wit) that the ••foresaid T. and F. have recognised the Man∣nors, Tenements, and Rents aforesaid, with the appurtenances, to be the right of him the said E. as those which the same E. and R. have by the gift of the aforesaid T. & F. and those they have remised and quite claimed from them the said T. and F. and the heirs of him the said F. to the aforesaid E. and R. and the heirs of him the said E. for ever. And moreover the same T. and F. have granted for themselves, and the heirs of him the said F. that they will

warrant the Mannor, Tenements, and Rents, with the appurtenances, to the aforesaid E. and R. and the heirs of him the said E. against them the said T. and F. and the heirs of him the said F. for ever. And for this recognisance, &c. the same E. and R. have granted to the aforesaid T. and F. the Mannor of S. aforesaid, with the appurtenances, and 10 Messuages, 8. Cottages, 20 acres of Land, 20 acres of Mea∣dow 160 acres of Pasture, 300 acres of Moor, six shillings rent, with the appurtenances in A. and F. aforesaid, parcels of the Mannor, Te∣nements, and rent aforesaid. And those to them they have rendred in the same Court. To have and to hold to the aforesaid T. and F. for the term of the lives of them the said T. and F. and the life of the longer liver of either of them, without impeachment of any manner of wast. And that after the de∣cease of the aforesaid T. and F. and the longer liver of either of them, the aforesaid parcels of the Mannor, Tenements, and Rent afore∣said, with the appurtenances, shall remain to the first begotten Son of the bodies of the a∣foresaid T. and F. between them lawfully be∣gotten, and to the heirs males of the body of the aforesaid first begotten Son, lawfully begotten. To hold &c. and if no heir of the body of the said first begotten son, shall be lawfully begotten, the aforesaid parcels of the Mannor, Tenements, and Rent aforesaid, with the appurtenances, shall remain to the second begotten Son of the body of the afore∣said T. and F. between them lawfully begot∣ten, and the heirs males of the body of the

said second begotten Son, lawfully begotten, to hold, &c. And if no heir of the body of the said second begotten Son, shall be begotten, then the aforesaid parcels of the Mannor, Te∣nements, and rent aforesaid, with the appurte∣nances to remain to the heirs of the bodies of the said T. and F. between them, lawfully begot∣ten, to hold, &c. And if no heir of the bodies of the said T. and F. between them shall be lawfully begotten, then the aforesaid parcels of the Mannor, Tenements, and Rent aforesaid, with the appurtenances, shall remain after to the right heirs of the said T. and F. for ever, to hold, &c. And furthermore the same E. and R. have granted to the aforesaid T. and F. ten Messuages, &c. with the appurtenances in B. and C. aforesaid, being the residue of the aforesaid Mannor, Tenements and Rent a∣foresaid. And those to them they have ren∣dred in the same Court, &c.

A Fine of homage, rent, and services.

* 1.17COmmand E. T. Esquire, that he hold to N. P. Covenant of one a∣cre of land, and fifteen shillngs rent, with the appurtenances in G. and F. Andunlesse, &c.

And the Concord is such (to wit) that the aforesaid E. T. hath recognised the afore∣said acres of land, with the appurtenances, to be the right of him the said N. as that which the said N. hath by the gift of the a∣foresaid E. And that he hath remised and

quite claimed from himself and his heirs to the aforesaid N. and his heirs for ever. And the aforesaid E. hath granted to the aforesaid N. the aforesaid rent, together with homage, and all service of the said J. H. and his heirs, for so many tenements as the aforesaid E. first held in F. aforesaid, to have, perceive and en∣joy the aforesaid rent, together with the ho∣mage and all the service to the aforesaid N. and his heirs for ever. And the aforesaid E. and his heirs will warrant to the aforesaid N. and his heirs, the aforesaid acre of land, and the rent aforesaid, with the appurtenances, together with the homage and all the service aforesaid (soe as it is said) against all men for ever. And for this, &c,

A Fine of a Mannor, and Knights fees, and services by the Husband and Wife, and others.

BBtween H. W. and J. B. plaintiffs, and T. M. Knight, and T. son of the same T. and E. wife of the same T. the Son. and W. M. Deforcients, of the Mannor of T. with the appurtenances, whereof plea of Covenant was summoned between them in the same Court, (to wit) that the aforesaid T. T. E. and W. have recognised the aforesaid Mannor, with the appurtenances, to be the right of him the said H. as that which the same H. and I. have by the gift of the aforesaid T. T. E. and W. together with seven Knights Fees in the same

Mannor. And have granted to the aforesaid H. and I. the aforesaid Mannor and Fees, with the appurtenances, together with the homages and all services of M. W. and I. N. and their heirs, of so many Tenements, as of the aforesaid T. T. E. and W. first they held in the same Mannor, and those to them they have rendred in the said Court. To have and to hold to the same H. and I. and the heirs of the said H. of the chief Lords of that fee, by the services which to the aforesaid Mannor and Fees pertain for ever. And moreover the same T. T. E. and W. have granted for them∣selves, and the heirs of him the said E. that they will warrant to the aforesaid H. and I. and the heirs of him the said H. the a∣foresaid Mannor and Fees, with the appurte∣nances, as aforesaid, against all men for ever. And for this Recognisance, Grant, Warranty, Fine, and Concord, the said H. and I. have given to the aforesaid T. T. E. and W. twen∣ty pounds sterling.

An old Fine in Frank almonie, before Justices in Eyre, in Anno 55. of King Henry the third.

THis is the final Concord made in the Court of the Soveraign Lord the King at Lincoln, in 8 days of St. Michael. In the year of the raign of Henry Son of King John the 55. be∣fore R. A. G. P. W. W. W. H. and I. O. Justices Itinerate, and others of the Sove∣raign Lord the Kings faithfull Subjects then there present, between J. D. plaintiff, and

the Prior of C. Deforcient of the Advowson of the Church of D. with the appurtenances, whereof plea of Covenant was summoned be∣tween them in the same Court (to wit) that the aforesaid I. hath recognised the aforesaid Advowson, with the appurtenances to be the right of him the said Prior, and of his Church of S. Mary of C. as that which the said Prior and his Church have by the gift of W. Son of W. ancestor of the said I. whose heir he is: To have and to hold to the said Prior, and his successors, and his Church aforesaid, of the aforesaid I. and his heirs, in pure and perpetu∣al free almes, free and quit from all secular service and execution for ever: and the afore∣said I. and his heirs, will warrant, acquit, and defend the same Prior, and his successors, and his Church, the aforesaid advowson, with the appurtenances, &c. And for this, &c. the same Prior hath remitted to the aforesaid I. all the benefits and prayers, which hereafter shall be made in his Church aforesaid for e∣ver.

A Concord of lands in the County Pa∣latine of Lancaster.

* 1.18THis is the final Concord made in the Court of the Lord Prote∣ctor at L. the 15 day of June, in the year of our Lord 1654. before I. C. third Baron of the Exchequer of the Lord Protector, and F.

R. one of the Serjeants of the Lord Protector at Law, Justices of the Lord Protector at L. and other faithfull men of the Lord Protector then there present, between H. T. and R. H. plaintiffs, and W. C. Gent. Deforcient, of one Messuage, &c. with the appurtenances in T. whereof plea of Covenant was summoned be∣tween them in the same Court (to wit) that aforesaid W. hath recognised, &c.

A Lease for years, reserving a rent.

* 1.19COmmand F. T. and M. his Wife, that justly, &c. they hold to I. H. and K. his Wife Covenant, &c.

And the Concord is such (to wit) that the aforesaid E. and M. have granted the Te∣nements aforesaid with the appurtenances, to have and to hold to the said I. and K. from the Feast, &c. which shall be in the year, &c. to be compleat, if the aforesaid M. shall so long live; yeelding therefore at the Feasts, &c. by equal portions to be paid, during all the Term aforesaid, &c. And if it happen, &c. Quaere, whether this be a good lease at this day against is∣sue in tail.

A Lease for years, rendring rent.

* 1.20COmmand T. P. Esq; and W. Gent. that justly &c. they hold

to I. W. and E. M, Covenant, &c. of one mes∣suage, &c. with the appurtenances in H. and B. and of a free fishing in the water of B. and unlesse, &c.

And the Concord is such (to wit) that the aforesaid T. and W. have recognised the tene∣ment and free fishing aforesaid, with the ap∣purtenances, to be the right of him the said I. as that which the said I. and E. have by the gift of the aforesaid T. and W. and that they have remised and quite claimed from them∣selves, and their heirs to the aforesaid I. and E. and the heirs of him the said I. for ever; And furthermore the said T. and W. have gran∣ted for themselves and the heirs of him the said T. that they will warrant the tenement and free fishing afo••••said, with the appurtenan∣ces, to the aforesaid I. and E. and the heirs of him the ••aid ••. against all men for ever▪ and for this recognisance, remise, quite claim, warranty, fine, and concord the said I. And E. have granted to the aforesaid. W. the tene∣ment and free fishing aforesaid, with the ap∣purtenances, and that to him they have ren∣dred in the same Court. To have and to hold the tenement and free fishing aforesaid, with the appurtenancs to the aforesaid W. and his assigns, from the Feast of St. Martin in winter last past, unto the end of the term of 60 years from thence next following, and fully to be compleat, yeelding therefore yearly to the aforesaid ••. and E. and the heirs of him the said I. the yearly rent of 3 l. 6 s. 8 d. of law∣full money of England, at the Feasts of St. M. and P. by equall portions during the Term

aforesaid to be paid. And if it happen the aforesaid yearly rent of 3 l. 6 s. 8 d. to be in arrear, and unpaid in part or in all by the space of XX days next after any of the afore∣said Feasts, at which it ought to be paid, that then and from thenceforth, it shall and may be lawfull for the said I. and E. and the heirs of him the said I. into the said tenement with the appurtenances to enter and distrain, and the distresses so there taken and had lawfully to take drive and lead away & in his custody, to retein untill of the said yearly rent, of 3 l. 6 s. 8 d. together with the arrerages thereof, if any shall be to him, he shall be fully satisfi∣ed and paid: also the said I. and E. have granted to the aforesaid T. as well the reversi∣on of the tenements and free fishing aforesaid with the appurtenances, as the aforesaid rent, of 3 l. 6 s. 8 d. thereupon reserved; And those to him they have rendred in the said Court. To have and to hold aswell the reversi∣on of the tenements and free fishing aforesaid, with the appurtenances, as the aforesaid rent of 3 l. 6 s. 8 d. thereupon reserved to the foresaid T. and his heirs for ever, to hold &c ut supr.

A Lease for years by Fine, by one and his Wife.

* 1.21COmmand C. and A. his wife that justly &c. they hold to W. S. and I. his wife, covenant &c. of &c. ex∣expressing

the tenements &c.

And the Concord is such, (to wit) that the aforesaid C. and A. have recognised the te∣nements aforesaid, with the appurtenances, to be the right of him the said W. as those which the said W. and I. have by the gift of the said C. and A. And those they have remised and quite claimed from themselves and their heirs to the aforesaid W. and I. and the heirs of him the said W. for ever. And moreover &c. and for this &c. the aforesaid W. and I. have gran∣ted the tenements aforesaid, with the appur∣tenances, to the said C. and A. and those to them they have rendred in the same Court. To have and to hold the tenements aforesaid, with the appurtenances, to the said C. and A. and their assigns, from the Feast of St. Micha∣el the Arch-Angel last past, unto the end of the Term, and for the Term of 40 years, then next following, and fully to be compleat; And furthermore the said W. and I. and the heirs of the said W. will warrant the tene∣ments aforesaid, with the appurtenances, to the aforesaid C. and A. and their assigns during the Term aforesaid against all men. And for this &c. ut sup.

A Lease by Tennant for life, for 21 years, if she live so long.

* 1.22COmmand I. P. Gent. and E. his wife, and R. L. Esq; that they

hold to I. M. Covenant, &c.

And the Concord is such (to wit) that whereas the aforesaid I. P. and E. have and do hold to them for term of the life of her the said E. the aforesaid tenements and fishing, with the appurtenances, (the reversion there∣of after the descease of the said E. to W. T. and his heirs belonging) the same I. F. and E. and R. have granted to the said I. M. the a∣foresaid tenements and fishing, with the appur∣tenances, to have and to hold to the said I. and his assigns during the life of the said E. And furthermore the aforesaid I. F. and E. and R. will warrant to the said I. M. and his assigns, the tenements and fishing aforesaid, with the appurtenances, (as it is said) against the afore∣said I. F & E. all the life time of the said E. And for this grant, warranty, fine and concord, the same I. M. hath granted to the aforesaid R. the tenements and fishing aforesaid, with the appurtenances, and those to him he hath rendred in the same Court. To have and to hold the tenements and fishing aforesaid, with the appurtenances to the same R. for the term of 21 years next following, and fully to be compleat, if the said E. shall so long live, yielding therefore yearly: to the aforesaid I. M. and his assigns, 14. pounds at the Feasts &c. by equall portions yearly to be paid all the life time of the said E. and if it happen &c. the aforesaid I. M. also granteth to the a∣foresaid I. P. and E. the reversion of the Te∣nements and Fishing aforesaid, with the appur∣tenances, and the rent aforesaid thereupon reserved, and those to them he hath rendred

in the same Court. To have and to hold to the said J. F. and E. of the chief Lords of that Fee, by the services which unto the tenements and fiishing aforesaid, with the appurtenances, doe belong, all the life time of the sa••d E. And after that term ended, the Ten. aforesaid, with the appurt. shall wholy remain to P. and his as∣signs for the term of 21 years after the Feast of St. Martin in Winter, next to come, immedi∣ately following, and fully to be compleat: yeelding therefore yearly to the aforesaid P. and E. and the heirs of the said P. all the Term aforesaid one red rose at the Feast of St. John the Baptist, yearly to be paid, if it shall be demanded. And after that Term ended, the Tenements aforesaid with the appurtenances shall wholly remain to the a∣foresaid E. and M. and the heirs of the said E. for ever of the chief Lords of that Fee, by the services which unto the aforesaid tene∣ment do belong for ever.

A lease to the Wife for 21 years, to com∣mence after her Husbands death, reserving a rent, the Conusees grant back the same reversion and rent.

* 1.23COmmand C. C. Esq; and D. his W••fe, and R. B. Gent. that they hold to H. M. and C. M. Covenant, &c. of two Messuages, with the appurtenances, in little S. And unlesse, &c,

And the Concord is such, (to wit,) that the

aforesaid C. and D. and R. have recognised the tenements aforesaid, with the appurtenances, to be the right of him the said H. as those, &c. and those they have remised, &c. And further∣more, &c. And for this, &c. the aforesaid H. and C. have granted to the aforesaid R. the Te∣nements aforesaid, with the appurtenances, and those to him they have rendred in the same Court. To have and to hold the Tene∣ments aforesaid, with the appurtenances, to the aforesaid R. all the life time of the said R. and immediatly after the decease of the said R. the tenements aforesaid, with the appurte∣nances, shall wholly remain to M. the Wife of the said R. her executors or assigns, for the Term of 21 years from thence next following, and fully to be compleat: yeelding therefore yearly to the aforesaid H. and C. and the heirs of the said H. one annuity or yearly rent of 5 pounds of lawfull money of England, at the Feast of St. Martin the Bishop, and Pentecost, by equal portions yearly, during the said Term to be paid. The first payment thereof to begin at the next feast of the feasts aforesaid after the decease of the aforesaid R. And if it happen the aforesaid annuity or yearly rent of 5 l. to be in arrear, &c. Also the aforesaid H. &C. have granted to the said C. C. & D. as well the reversion of the Tenements, with the ap∣puetenances, as the aforesaid Rent of 5 l. thereupon reserved. And those to them they have rendred in the same Court. To have, hold and perceive the aforesaid reversion of the tenements aforesaid, with the appurtenan∣ces

and the rent aforesaid to the aforesaid C. C. and D. and the heirs of her the said D. for ever.

A Fine of a remainder for years.

* 1.24COmmand, &c. C. N. and T. T. that they hold to M. B. and E. D. Co∣venant, &c. of, &c. And unlesse, &c.

And the Concord, &c. that whereas I. R. hath and holdeth •••• himself, and the heirs •••• his body lawfull begotten, the tenements a∣foresaid, with the appurtenances (the re∣mainder thereof after the decease of the said I. if the said I. shall die without heir of his body lawfully begotten, to the aforesaid C. and his heirs belonging) the said C. and T. have granted the tenements aforesaid, with the ap∣purtenances, to the aforesaid M. and E. and the heirs of M. for ever. To hold, &c. And the aforesaid C. and his heirs will warrant to the aforesaid M, and E. and the heirs of him the said M. the Tenements aforesaid, with the appurtenances, as aforesaid, against all men for ever. And for this grant render warranty fine and Concord, the said M. and E. have granted to the aforesaid T. the tenements a∣foresaid, with the appurtenances, and those to him they have rendred, &c. To have, &c. to the said T. and his assigns from the Feast of St. Martin in Winter, next after the decease of the aforesaid J. if the said J. shall die with∣out heir of his body lawfully begotten, unto

the end of the term, & for the term of one thou∣sand five hundred years from thence next fol∣lowing, and fully to be compleat, without impeachment of any wast: yeelding therefore yearly to the aforesaid M. and E. and the heirs of him the said M. one penny at the Feast &c. yearly to be paid all the term afo••••••aid, if it shall be demanded. And after that term en∣ded; the aforesaid Tenements with the ap∣purtenances wholly shall remain to P. T. one of the Sons of the aforesaid T. and the heirs of him the said T. for ever, &c. ut supra.

A Lease in reversion, paying rent.

* 1.25COmmand A. B. and E. his Wife, ••hat they hold to C. D. Cove∣nant, &c. of one Messuage, &c.

And the Concord is such (to wit) that the aforesaid A. B. and E. have granted the tene∣ments aforesaid, with the appurtenances, to the aforesaid C. D. and his assigns. And those in the same Court to the aforesaid C. D. have rendred. To have and to hold to the same C. D. from the Feast of Pentecost, which shall be in the year of our Lord, &c. unto the end of the Term of one and twenty years from thence next following, and fully to be com∣pleat: yeelding therefore yearly to the afore∣said A. B. and E. and the heirs of him the said E. seven pounds of lawfull money, &c. at the Feasts of St. M. the Bishop, in winter, N. A. & P. by even portions yearly, during the

term aforesaid to be paid. And for this &c.

A Lease to diverse for 90 years, if the par∣ties live so long, reserving a rent, and the best beast after the death of every Tennant, in the name of an Herriot.

* 1.26COmmand I. R. Esq; and M. his Wife, and T. B. that they hold to R. C. and V. C. covenant of one Messu∣age &c.

And the Concord is such, (to wit) that the aforesaid I. M. and T. have recognised the te∣nements aforesaid, with the appurtenances, to be the right of him the said V. as those &c. With a release and warranty. And for this &c. the said R. and V. have granted to the afore∣said T. B. the aforesaid tenements, with the appurtenances, and those to him they have rendred in the same Court. To have and to hold to the same T. and I. his Wife B. B. and T. ••. sonne of the said T. so long as they shall live, or so long as any one of them shall live: yield∣ing therefore yearly to the said R. and V. and the Heirs of him the said V. 4 pounds of law∣full money of England, at the Feasts of the Annuntiation of the blessed Virgin Mary, of the nati••vity of St. John the Bapt••ist, St. Michael the Arch-angel, and the nativity of our Lord, by equall portions yearly to be paid all the Term aforesaid, and paying after the decease of T. B. the Father, and after the decease of every Tenant, thereof, his best Beast, in the

name of an Herriot. And if it happen the a∣foresaid rent of 4 l. to be behind and unpaid in part, or in all, after any Feast of the said Feasts in which as aforesaid it ought to be paid or if it happen the aforesaid best Beast in name of a He∣riot to be unpaid or subst••acted as aforesaid to be paid after the decease of every one of the Tennants of the premises, That then it shall be lawfull for the aforesaid R. and V. And the Heirs of him the said R. into the aforesaid Te∣nement, with the appurtenances, to enter and distrain, & the distresses so there taken and had, lawfully to lead bear and drive away, and in his custody to retain untill of the aforesaid rent of four pounds and the arrerages thereof (if any shall be) together with the best Beast aforesaid, when it shall happen fully shall be satisfied and paid: also the aforesaid R. and V. have granted to the said I. and M. the re∣version of the Tenements aforesaid, with the appurtenances, the said rent of 4 pounds and the aforesaid rent of the best Beast in the name of an Heriot above reserved; And those to them they have rendred in the said Court. To have and to hold to the said I. and M. and the heirs of the said I. and M. and the heirs of the said I. of the chief Lords of that fee for ever, &c.

A Lease reserving a Rent of 20 l. With a nomine paene and a distress.

* 1.27COmmand E. P. Esq; and M. his Wife and R. B. that they hold to I. R. and T. S. Covenant of one Messuage, &c.

And the Concord is such (to wit) that the afore∣said E. P. M & R. B. have recognised the Tene∣ments aforesaid with the appurtenances, to be the right of him the said I. & T. as those which the said I. T. have by the gift of the said E. M. & R. (with a Release and warranty and for this &c. The said I▪ I. & T. have granted to the said R. the Tenem. aforesaid with the appurtenances, & those to him they have ren∣dred in the said Court; To have & to hold, to the said R. from the feast of St. Michael last past, for the term of 31 years from thence next following, and fully to be compleat, yielding therefore yearly to the said I. and T. and the Heirs of him the said I. twenty pounds. of lawfull money of England, at two Terms of the year, (to wit) at the Feast of the Annuntiation of the blessed Virgin Mary, and of St. Michael the Arch-angel by equall portions. yearly to be paid all the term afore∣said. And if it happen the aforesaid rent of 20 l. or any parcell thereof to be in arrear and unpaid in part or in all, by the space of forty daies after any Feast of the said Feasts in which the same ought to be paid, that then the

aforesaid R. shall forfeit to the said I. and T. & the Heirs of the said I. 5. pounds in name of a pain, and that then and so often it shall be lawfull for the said I. and T. and the Heirs of the said I. into the aforesaid Tene∣ments with the appurtenances to enter and distrain, and the distresses so there taken and had, lawfully to lead, bear, and drive away, and in their custody to retain, untill aswell of the aforesaid 20. pounds as of the aforesaid 5. pounds in the name of a pain as aforesaid forfeited, with the arrearages thereof, (if any shall be) he shall be fully satisfied and paid. Also the aforesaid I. and T. have granted to the aforesaid E. and M. the aforesaid Tene∣ments with the appurtenances, and the afore∣said rent of 20. pounds thereupon reserved, and the aforesaid summe of 5 l. in the name of a pain. And those to them they have ren∣dred in the said Court. To have and to hold to the said E. and M. and the Heirs of the body of him the said E. lawfully begot∣ten; To hold &c. And for default of such Is∣sue the remainder thereof to W. W. and his heirs for ever. To hold, &c.

A Fine upon grant and render to one for term of life, without impeachment of wast and for 16 years after her death, then the one moiety to one in fee, and the other to another.

* 1.28COmmand E. A. Widddow late Wife of W. A. W. Knight deceased, that she hold to T. E. Covenant of the moiety of the Mannor, of H. &c.

And the Concord is such (to wit) that whereas E. A. hath recognised, &c. And for this, &c. the same T. E. hath granted to the a∣foresaid E. A. the moiety aforesaid, with the appurtenances. And that to her hath rendred in the same Court. To have and to hold the aforesaid moiety of the Mannor, &c. to the a∣foresaid E. A. for the term of her life, with∣out impeachment of any wast, of the chief Lords of that Fee, by the services which unto the aforesaid moiety do belong, all the life time of the said E. and for the term of sixteen years, from thence next following, after the death of the aforesaid E. and after the afore∣said Term of 16 years ended and determined, that then one moiety of the aforesaid moiety of the Mannor aforesaid, &c. with the appurtenan∣ces, shall remain to B. G. now Wife of G. Esq; and the heirs of her the said B. to hold of, &c. And the other moiety of the aforesaid, moiety of the Mannor, &c. aforesaid with the appur∣tenances, shall remain to E. G. now Wife of N. G. and the heirs of her the said E. to hold of the chief, &c.

A Render for life, the reversion to one, and his heirs males, the remainder to another, and his heirs.

* 1.29COmmand N. A. and W. that they hold to R. C. and T. C. Covenant of three Messuages,

And for this, &c. the said R, and R. have granted to the aforesaid W. the tenements, with the appurtenances. And those to him they have rendred in the same Court. To have and to hold to the same W. and his assigns. To hold of the chief Lords of that Fee, by the services, which unto the aforesaid tene∣ments do belong, all the life time of him the said W. and after the decease of him the said W. the said tenements, with the appurtenan∣ces wholly shall remain to I. C. and the heirs males of the body of him the said I. lawfully begotten. To hold &c. And if there be no heir of the body of the said J. lawfully begot∣ten, then the said tenements, with the ap∣purtenances, shall wholly remain to I. C. the brother of the aforesaid I. and his heirs for e∣ver. To hold, &c.

A Lease for life, the remainder for life to the Wife, in the name of her Jointure, with the remainder in tail.

ANd the Concord is such, &c. And after the decease of him the said J. the afore∣said, &c. with the appurtenances, wholly shall

remain to I. W. the Daughter of I. W. in the name of a Joynture, whom (God willing) the said I. C. will take to his Wife, to hold of the chief Lords, &c. all the life time of her the said I. and after the decease of her the said I. the aforesaid, &c. with the appurte∣nances wholly shall remain to the heirs males of the body of the aforesaid I. C. lawfully be∣gotten. To hold of the chief Lords, &c.

A Fine where the Husband buyeth lands, and granteth them again to the Cognisors for his Wifes life.

* 1.30COmmand T. C. Esq; W. R. Esq; T. P. Esq; and L. B. Gent. that they hold to J. D. and E. his Wife, the Cove∣nant of the Mannor of C. N. and E. with the appurtenances, and of 200 Messuages, &c. and of twenty pounds rent, with the appur∣tenances, in C. N. and B. And unlesse, &c.

And the Concord is such (to wit) that the aforesaid T. C. W. R. T. P. and L. have recog∣nised the Mannors, Tenements, and rents a∣foresaid, with the appurtenances to be the right of him the said I. And those they have remised and quit claimed from themselves and their heirs to the aforesaid J. and the heirs of him the said J. for ever. And for this, &c. the same I. and E. have granted to the aforesaid T. C. W. R. T. P. and L. the afore∣said Mannors, Tenements, and Rent, with the appurtenances, and those to them they

rendred in the same Court. To have & to hold to the same T. C. W. R. T. P. and L. all the life time of her the said E. And the aforesaid I. and his heirs will warrant to the aforesaid T. C. VV. R. T. P. and L. the aforesaid Mannors, Tenements and Rent, with the appurtenances, (as it is said) against all men, during the life of her the aforesaid E. &c.

A Concord of divers Tenements, Rents, of a Rectory, and Advowson, &c.

THis is the final Concord made in the Court of the Lord Protector at W. from the day of Easter in 15 days in the year, &c. before E. A. T. M. F. W. W. P. Justices, and other faithfull men then there present, be∣tween I. B. Gent. and R. Gent. Plaintiffs, and R. C. the elder, Gent. and R. C. of Grays Inn in the County of Middlesex, Gent. Deforcients, of 100 Messuages, 100 Cottages, 2000 acres of Land, 1000 acres of Meadow, 2000 acres of Pasture, 100 acres of Wood, 1000 acres of Furrs and Heath, and 100 shil∣lings rent, with the appurtenances in &c: also of the Rectory of K. with the appurtenan∣ces, and of the Advowson of the Church of K. whereof Plea of Covenant was summo∣ned between them in the same Court (to wit) that the aforesaid R. and R. have re∣cognised the aforesaid Tenements, Rent, and Rectory, with the appurtenances, and the Advowson aforesaid, to be the right of

him the said J. as those which the same J. and R. have by the gift of the aforesaid R, and R. And those they have remised and quit clai∣med from them the said R. and R. and their heirs to the aforesaid I. and R. and the heirs of him the said J. for ever. And furthermore the said R. and R. have granted for themselves and the heirs of him the said R. C. the elder, that they will warrant to the aforesaid J. and R. and the heirs of him the said J. The afore∣said Tenements, Rent, and Rectory, with the appurtenances, and the Advowson aforesaid, against the aforesaid R. and R. and the heirs of him the said R. C. the elder for ever. And for this Recognisance, remise, quite claim, Warranty, Fine, and Concord, the said J. and R. have given to the aforesaid R. and R. two thousand pounds sterling.

A Fine of the fourth part of two Messua∣ges, the one by a Coparcenor of his part &c. to two strangers.

THis is the finall Concord made in the Court, &c. between G. I. and W. W. Plantiffs, and I. C. and I. his wife Deforci∣ents of the fourth part of 2 Messuages. 4 Tofts, 2 Gardens, 2 Orchards, 200 hundred acres of Land 20 acres of Meadow, 40 acres of Pasture, 12 acres of Wood, and 100 acres of Moor, with the appurtenances in G. and L. in four parts divided whereof plea of Co∣venant

was summoned between them in the same Court, (to wit) that the aforesaid T. and I. have regcognised the aforesaid fourth part with the appurtenances, to be the right of him the said G. as that which the said G. and W. have by the gift of the aforesaid I. and I. And that they have remised and quit claimed from them the said I. and I. and the Heirs of the said I. to the aforesaid G. and W. and the Heirs of him the said G. for ever. And furthermore the said Jo. and Ja. have granted for themselves. and the heirs of her the said Ja. that they will warrant to the aforesaid G. and W. and the Heirs of him the said G. the aforesaid fourth part with the appurtenances. And that to them they have rendred in the same Court. To have and to hold to the same I. and I. of the chief Lords of that Fee by the services which unto the afore∣said fourth part do belong during the lives of them the said I. and I. & the life of the longer liver of either of them without impeachment of any wast. And after the decease of them the said I. and I. the aforesaid fourth part, with the appurtenances, shall wholly remain to B. C. Son of the aforesaid I. and I. and the heirs of the body of the said B. lawfully begot∣ten. To hold of the chief Lords of that Fee, &c. for ever. And if it happen that the said B. shall die without heir of his body lawfully be∣gotten, then after the decease of him the said B. the aforesaid fourth part, with the appur∣tenances shall wholly remain to P. C. another Son of the said I. & I. & the heirs of his body, &c. to hold of the chief, &c. for ever. And if

it happen that the said P. shall die, &c. then after the decease of him the said P. the afore∣said fourth part shall wholly remain to R. C. another Son of the aforesaid I. and I. and the heirs of his body, &c. To hold of the chief, &c. for ever. And if it happen that the said R. shall die, &c. then after the decease of the said R. the aforesaid 4th. part, with the appurte∣nances, shall wholly remain to the right heirs of the aforesaid J. To hold of the chief Lords of that Fee, by the services which unto the aforesaid fourth part do belong for ever.

A Fine of lands, part in possession, and part in reversion of a third part, for term of the life of the Tennant in Dower, and for Term of the life of another Te∣nant for Term of life.

* 1.31COmmand J. W. and A. his Wife, that justly, &c. they hold to I. L. and E. E. Covenant of one Messuage, &c. al∣so of the third part, in three parts to be divi∣ded of 4 Messuages, with the appurtenances, &c.

And the Concord is such (to wit) that the aforesaid I▪ and A. have recognised the Tene∣ments aforesaid, and the third part aforesaid, with the appurtenances, to be the right of him the said J. of which the said J. E. and E. E. have one Messuage, with the appurtenances, in the aforesaid Towns of T. and B, parcel of the Tenements, aforesaid, and the aforesaid

third part of four Messuages, &c. with the ap∣purtenances in T. and B. parcel of the Tene∣ments aforesaid, by the gift of the aforesaid I. and A. And that they have remised and quit claimed from them the said I. and A. and their heirs, to the aforesaid J. E. and E. E. and the heirs of him the said J. for ever. And have granted for themselves, and the heirs of him the said A. that twenty acres of land, six acres of Meadow, &c. with the appurtenances, in the aforesaid Town of B. parcel of the Tene∣ments and the third part aforesaid which J. A. and F. his Wife, hold for term of the life of her the said F. of the heirs of the aforesaid A. the day that this Concord was made. And which after the decease of him the said E. unto the aforesaid I. A. and his heirs ought to re∣vert, after the decease of him the said A. wholly shall remain to the aforesaid J. E. and E. E. and the heirs of him the said J. for ever. Also the said J. W. and A. have granted for themselves, and the heirs of the said A. that one Messuage, with the appurtenances, in the aforesaid Town of B. residue of the Tene∣ments aforesaid, which J. A. holdeth for Term of his life of the heirs of the aforesaid A. the day that this Concord was made, after the decease of him the said A. shall wholly remain to the aforesaid J. E. and E. and the heirs of him the said E. for ever.

A Grant and Render of a Reversion of a Moiety.

* 1.32COmmand N. G. and E. his Wife, W. G. and B. his Wife, that they hold to F. A. Covenant of the moiety of the Mannor of H. with the appurtenances, &c.

And the Concord is such (to wit) that whereas E. A. Widdow, late Wife of W. A. deceased, hath and holdeth the aforesaid moi∣ety of the Mannor of H. with the appurtenan∣ces. And the aforesaid moiety of the Tene∣ments and fishing aforesaid, with the appurte∣nances, for the term of her life, without im∣peachment of any wast. And that after the death of the said E. the aforesaid moiety of the Mannor, Tenements, and fishing aforesaid, shall remain to the Executors of the Testament of the said E. for the term of 16 years then next following, after the death of the said E. with∣out impeachment of wast. And which, after the death of the aforesaid E. A. for the term of the aforesaid 16 years to N. G, and E. his Wife, and W. G. and B. his wife, and the heirs of him the said E. B. should revert. The aforesaid W. G. and B. his Wife, N. G. and E. his Wife, do grant, that the said moities of the said Mannors, Tenements, and fishing, with the appurtenances, after the death of the aforesaid E. A. and after the a∣foresaid term of 16 years ended, and deter∣mined shall wholly remain to the aforesaid F. A. and his heirs. To hold of the chief Lords

of that fee, by the services which unto the a∣foresaid moieties of the said Mannor, Ten. and fishing do belong. And those they have re∣mised, and quit claimed from the said W. G. and B. his Wife, N. G. and E. his Wife, and their heirs, to the aforesaid F A. and his heirs for ever. And furthermore the said W. G. and B. N. G. and E, have granted for themselves, and the heirs of him the said N. that they will warrant the aforesaid reversion of the moiety of the said Mannor, Tenements, and Fishing, with the appurtenances, to the aforesaid F. A. and his heirs, against them the said W. G. and B. N. G. and E. and their heirs for ever. And for this, &c. the said F. hath granted to the aforesaid W. G. and B. N. G. and E. the aforesaid reversion of the moiety of the Mannor, Tenements, and Fish∣ing aforesaid, with the appurtenances. And those to them he hath rendred in the said Court. To have and to hold the said reversion of the moiety of the Mannor, Tenements, and fishing aforesaid, with the appurtenances, to the said W. G. and B. N. G. and E. from the Feast of Philip and James which shall be then next after the end of the said 16 years unto the end and term of 21 years from thence next following and fully to be com∣pleat, without impeachmhnt of any wast.

A Render to the Conusor for one week, after to a Stranger for life, and to his wife for life, if she keep her unmarried, the Reversion to another Stranger and his Heirs of his body, upon M. his wife begotten, the remainder to another and his Heirs.

* 1.33COmmand I. W. and E. his wrfe, that they hold to W. A. and O. S. Covenant of two Messuages &c. in S. And that unless, &c.

And for this &c. The said W. and O. have granted to the aforesaid I. the Tenements a∣foresaid with the appurtenances, And those to him they have rendred in the said Court. To have and to hold to the said B. for the term of one week, and after that Term ended, the aforesaid Tenements with the appurte∣nances wholly shall remain to B. To have and to hold to the said B. of the chief Lords of that Fee by the services which to the afore∣said Tenements do belong all the life time of the said B. And after the decease of the said B. the aforesaid Tenements with the ap∣purtenances shall wholly remain to I. Wife of the aforesaid B. to hold &c. all the life time of the said I. if the said I. shall so long live sole and unmarried. And after the de∣cease or spousal of the said I. if either shall be, the aforesaid Tenements with the appur∣tenanes, shall wholly remain to E. W. Sonne

and Heir apparent of the aforesaid I. and the Heirs of the body of him the said E. upon the body of M. his Wife, between them lawfully begotten. To hold &c. And if it happen that the said E. shall dye, without Heir of his body, on the body of the aforesaid M. be∣tween them lawfully begotten, then after the decease of them the said E. and M. the Tene∣ments aforesaid with the appurtenancs shall wholly remain to the aforesaid I. and his Heirs: To hold &c. for ever.

A Fine of two Reversions.

* 1.34COmmand R. N. and A. his Wife, that they hold to G. E. Covenant &c. of two Messuages, one cottage &c. in N.

And the Concord is such, (to wit) that the aforesaid R. and A. have recognised the Tenements aforesaid, with the appurtenan∣ces, to be the right of the said G. and have granted for themselves and the heirs of the said R. that the aforesaid Cottage, twenty a∣cres of Land. ten acres of Meadow, &c. Par∣cell of the Tenements aforesaid, with the ap∣purtenances in N. aforesaid, which W. B. and A. his Wife do hold for term of the life of her the said A. of the Inheritance of the afore∣said R. the day that this Concord was made, and which after the decease of her the said A. unto the aforesaid R. and his heirs ought to revert, wholly after the decease of her the

said A. unto the aforesaid G. and his heirs, shall remain, to hold &c. Also the aforesaid R. and A. have granted that the aforesaid 2 Messuages. &c. theresidue of the Tenements aforesaid with the appurtenances in N. afore∣said, which W. P. and D. his Wife, hold for term of the life of her the said D. of the Inhe∣ritance, &c. ut antea. And furthermore the a∣foresaid R. and A. and the Heirs of him the said R. will warrant the Tenements afore∣said with the appurtenances to the aforesaid G. and his heirs as (••t is said,) against the a∣foresaid R. and A. and the Heirs of him the said R. for ever. And for this &c.

A grant to the Cognisee, and his Wife, and the Heirs of their two bodies, with Warranty.

* 1.35COmmand H. F. Gent. that just∣ly, &c. he hold to H. M. and I. his Wife, covenant &c. of the Tenements in S. And unless, &c.

And the Concord is such (to wit) that the aforesaid H. F. hath granted the Tenements and rent aforesaid with the appurterances to the aforesaid H. W. and I. And those to them he hath rendred in the said Court. To have and to hold to the said H. W. and I. and the Heirs of the bodies of them the said H. W. and I. between them lawfully begotten. To hold &c. and the aforesaid H. F. and their Heirs will warrant to the aforesaid H.

W. and I. and the heirs of the body of them the said H. W. and I. between them lawfully begotten, the Tenements aforesaid (as it is said) against all men, for ever. And for this, &c.

A Grant, with a Render back again, for life, with Remainders in taile dividing the Lands.

* 1.36COmmand N. B. and A. his wife that they hold to T. R. and R. G. Covenant &c. of one Messuage &c. with the appurtenances in E. &c.

And the Concord is such (to wit) that the aforesaid &c. with Release and warranty, &c. and for this &c. the said T. R. have g••anted to the aforesaid N. and A. the Tenements aforesaid, with the appurtenances. And those to them they have rendred in the said Court. To hold to the said N and A. for the lives of them the said N. and A. and the life of the longer liver of either of them, with∣out impeachment of waste, all the life time of the said A. To hold &c. And after the de∣cease of them the said N. and A. one Messu∣age &c. with the appurtenances in F. afore∣said, being parcel of the Tenements afore∣said, shall remain to T. B. one of the Sons of the aforesaid N. and A. and the Heirs male of the body of the aforesaid T. lawfully begot∣ten, and then after the decease of the said

T. the aforesaid Tenements, being parcell of the aforesaid Tenements, wholly shall remain to I. B. one other of the Sonnes of the afore∣said N. and A. & the Heirs Males of the body of him the said I. lawfully begotten. To hold &c. And if it happen, &c. after the decease of the said I, the aforesaid Tenements, parcel of the said Tenements, shall wholly remain to B. F. one other Sonne of the aforesaid A. and the Heirs males of the body of the aforesaid B. lawfully begotten. To be held, &c. And if it happen &c. that then the Tenements aforesaid shall remain (to divers others) and the right Heirs of the aforesaid D. for ever. To hold, &c. And furthermore the aforesaid T. and R. have granted, that after the decease of the aforesaid N. B. and A. his wife, 44 a∣cres of Land, 2 acres of Meadow, &c. with the appurtenances in B. aforesaid being resi∣due of the aforesaid Tenements shall wholly remain to the aforesaid B. F. and the Heirs of his body lawfully begotten. To hold &c. And if it happen that the said B. shall die without Heir of his body lawfully begotten, that then after the decease of the said B. the Residue of the aforesaid Tenements, shall wholly remain to the aforesaid T. F. and his Heirs and assigns for ever.

A Fine to entaile Lands to the Heirs of o•••• deecased

* 1.37COmmand I. C. Esq; that he hold to M. C. Widdow, Cove∣nant

of three Messuages, &c.

And the Concord is such, that the afore∣said I. hath granted to the said M. the afore∣said Tenements, with the appurtenances. And that to her hath rendred in the said Court. To have and to hold to the said M. and the Heirs of the body of her the said M. of the body of I. C. lately her Husband deceased, lawfully begotten, of the chief &c. And if it happen that the said M. shall dye without Heir on her body of the body of the said I. C. lawful∣ly begotten, then after the decease of her the said M. the aforesaid Tenements; with the ap∣purtenances, shall wholly remain to the right Heirs of the said I. C. deceased. To hold &c. And the aforesaid I. C Esq; and his Heirs will warrant to the aforesaid M. and the Heirs of her body, of the body of the aforesaid I. C. deceased, and also to the right Heirs of him the said I. C. if the said M. shall dye without Heir of her body, of the body of the said I. C. deceased lawfully begotten, the aforesaid Tenements, with the appurtenances (as is said) against the aforesaid I. C. Esq; and his Heirs for ever. And for this &c.

A Grant by a Duke and his wife, as in the right of his wife, to the Conusee for life of the Tennant for life, with warranty: a Ren∣der to the Cognisor for the Wives life, to convey her title to her Husband.

COmmand. T. Duke N. and M. his wife, that they hold to T. T. Esq; Covenant

&c. of the Tenements in W. and unlesse, &c,

And the Concord is such, (to wit) that the aforesaid Duke and M. have granted to the aforesaid T. T. the Tenements aforesaid, with the appurtenances, and whatsoever the said Duke and M. have in the Tenements a∣foresaid with the appurtenances, for term of ••ive of her the said M. And those to them they have rend••ed in the said Court. To have and to hold to the said T. T. and his Heirs of the chief Lords of that Fee, by the services which unto the said Tenements with the appurtenances do belong, all the life time of her the said M. And furthermore the said T. and M. have granted for themselves, that they will warrant to the aforesaid T. T. and his Heirs, the Tenements aforesaid, with the appurtenances, against all men, all the life time of the said M. And for this &c. the said T. T. hath granted the Tenements aforesaid, with the appurtenances to the aforesaid Duke, and those to him he hath rendred in the said Court. To have and to hold the said Tenements, with the appurtenances, to the said Duke and his Heirs all the life time of the said M. to hold ut supra.

A Concord o•• a moyety of divers things in p••••••ession, and of a reversion in Fee.

THis 〈…〉〈…〉 finall Concord made &c. be∣••••••en ••. ••. and ••. H. Plantiffes. & T. N. &

I. his wife; one of the Cousins and Heirs of R. E. Defortients of the Moyety of the Man••ors of W. and R. with the appurtenances, and of the Moyety of 80 Messuages, 40 acres of Land, 300 acres of Meadow, 50 acres of Pa∣sture, 100 acres of Wood, 30 acres 〈…〉〈…〉, and Heath, 160 acres of Moore, 200 acres of Marish, and 20 shillings rent with the ap∣purtenances in W. R. W. P. T. 〈…〉〈…〉 of the advowson of the Moyety of the 〈◊〉〈◊〉, of E. W. P. and R. and 〈…〉〈…〉 of the Moyety of the 〈…〉〈…〉 of L. whereof Plea of Covena•••• 〈…〉〈…〉 between them in the 〈…〉〈…〉 that the aforesaid T. and ••. ••ave 〈…〉〈…〉 the aforesaid Moyeties with the appurt••nan∣ces, and the advowsons afo••••said to ••e ••••e right of him the said A. of which the said A. and L. have by gift the Moyety a∣foresaid, of the Mannor of R. with the ap∣purtenances, also the Moyety of 80 Mess••••ge••. 260 acres of Land, 100 acres of Meadow. ••00 acres of Pasture. 80 acres of Wood, 200 acres of Ling and Heath, 140 acre; of Maris••, 100 acres of Moore, and six pounds six shillings rent, with the appurtenances in R. T. H &c. and also the advowson of the moye••y of the Church of R. and the advowson of the moye∣ty of the Monastery or Priory of L. parcel•• of the Moyety of the Mannors, Tenements, rent, and advowsons aforesaid, by the gift of the aforesaid T. and I. and those they have remised and quite claimed, from them the said T. and I. and the Heirs of him the said I. to the aforesaid A. and L. and the Heirs of him

the aforesaid A. for ever. And furthermore the said T. and I. have granted for themselves and the Heirs of h••m the said I. that the moye∣ty of the Mannor of W. and the moyety of 30 Messuages 250. acres of Land, 100 acres of Meadow, &c. with the appurtenances in W. P. E. and W. aforesaid, and the advowsons of the moyety of the Churches of P. E. and W. afore∣said, being the residue of the moyety of the Mannors, Tenements, rent, and advowsons a∣foresaid, which E. E. holdeth for term of her life of the inheritance of the aforesaid I. the day that this Concord was made, and which after the decease of the said E. E. unto the aforesaid T. and I. and the Heirs of him the said I. ought to revert, after the decease of her the said E. E. wholly shall remain to the aforesaid A. and L. and the Heirs of him the said A. to hold together with the afore∣said moyety and advowson, which to them by this Fine do remain of the chief Lords of that Fee, by the services which unto those moyeties and advowsons do belong for ever. And the aforesaid T. and I. and the Heirs of him the said I. will warrant to the aforesaid A. and L. and the Heirs of him the said A. the aforesaid moyeties, with the appurtenances, and the advowsons afore∣said, (as aforesaid) against all men for ever. And for this recognisance, remise, quite claim, warranty, fine, and Concord, the said A. and L. have granted to the aforeaid T. and I. the aforesaid Moyetie o•• the Mannor of R. and the moyety o•• the Tenements with the ap∣purtenances aforesaid, in R. T. H. &c. aforesaid.

Also the advowson of the moyety of the Chuch of R. aforesaid, & the advowson of the moyety of the Monastery or Priory of I. aforesaid, and those to them they have rendred in the said Court. To have and to hold to the said T. and I. and the Heirs of him the said I. of the chief Lords of that Fee, by the services which unto those moyeties and advowsons do belong for ever. And also the said A. and L. have granted the aforesaid moyety of the Mannor of W. with the appurtenances, and the afore∣said Moyety of the the Tenements with the ap∣purtenances in W. P. E. &c. aforesaid to the said T. and I. and those also have rendred in the said Court. To have and to hold im∣mediatly after the death of the aforesaid E. E. to the said T. and I. and the Heirs of him the said I. of the chief Lords of that Fee, by the services which unto that moyety and advowson do belong for ever.

A Grant of Lands by Fine to two, who ren∣der to the Cognisor in tail, and for default of such issue to R. T. in generall tail, the remainder to another and his Heirs for ever.

ANd the Concord is such &c. that the a∣foresaid A. hath recognised the Tene∣ments aforesaid, with the appurtenances, to be the right of him the said I. as those which the said I. and D. have by the gift of the a∣foresaid A. and those he hath remised, &c.

and for this &c. the said I, and D. have gran-to the aforesaid A. the Tenements aforesaid with the appurtenances, And those to him they have rendted in the said Court To have and to hold to the said A. and the Heirs of the body of him the said A. lawfuly begot∣ten and for default of such issue, then the Tenements aforesaid with the appur••enances whloly shall remain to the Heirs of the body of R. T. Son of the aforesaid A. and the Heirs of the body of them ••awfully begotten, and for default of such issue, then the Tene∣ments aforesaid, with the appurtenances, shall remain to D. E. and his Heirs for ever, &c.

A Grant of Lands in tail, to be holden of the Grantor in Soccage.

* 1.38COmmand S. B. Esq; that he hold to W. S. Covenant of three Messuages &c. with the appurtenances in C. And unlesse &c.

And the Concord is such, (to wit) that the aforesaid S. hath granted to the aforesaid W. the Tenements aforesaid, with the appur∣tenances, and those to him he hath rendred in the said Court. To have and to hold to the said W. and the Heirs of his body lawfully be∣gotten, of the aforesaid S. and his Heirs in Soccage, by Fealty only for all services and demands which unto the aforesaid Tene∣ments do belong for ever. And if it happen that the said W. shall dye without Heir of his

body lawfully begotten, then after the de∣cease of him the said VV. the Tenements a∣foresaid, with the appurtenances, shall wholly remain to I. S. Grandfather of the aforesaid W. and the Heirs of the body of him the said I. lawfully begoten. To hold, &c. (ut antea) And if no Heir of the body of the said I. shal be law∣fully begotten, then the aforesaid Tenements with the appurtenances, shall wholly revert unto the aforesaid 〈◊〉〈◊〉 and his Heirs, quite from other Heirs of the a••or••said W. and I. to hold of the chief &c. And furthermore the aforesaid S. and his Heirs will war••ant to the aforesaid W. and the Heirs of his body lawful∣ly begoten, and to the aforesaid I. and the Heirs of his body lawfully begotten, if the said W. shall dye without heir of his body lawfully begotten, the aforesaid Tene∣ments with the appurtenances (as it is said) against all men for ever, And for this &c.

A Grant of Lands in tail to be holden, of the Grantor by suit of Court, and six shillings rent.

* 1.39COmmand I. G. Gent. that he hold to P. I. Covenant of 16 acres of Moore, with the appurtenances in K. And unlesse, &c.

And the Concord is such, (to wit) that the aforesaid I. hath granted to the afore∣said P. the Tenements aforesaid with the ppurtenances. and those to him he hath ren∣dred

in the said Court. To have and to hold the Tenements aforesaid, with the appurte∣nances, to the aforesaid P. and the Heirs of his body lawfully begotten, To hold of the said I. and his Heirs by Knight service and suit of his Court at K. twice a year, and yielding yearly to the aforesaid I. and his Heirs six shillings &c. at the Feasts, &c. by equall portions yearly for ever to be paid. And the aforesaid, I. will warrant the Tenements aforesaid with the appurtenances, to the aforesaid P. and the Heirs of his body lawfully begotten (as it is said) against the aforesaid I. and his Heirs for ever. And for this, &c.

A Fine of Knights Service, Castle-gard, and Murage, upon a writ of Customs and Services.

THis is the final Concord, made in the Court of our Soveraign Lord, the King at West∣minster, from the day of St. Michael in 15 days in the year of the raign of King H. Son of King J. the one and fiftieth, before G. D. P. and R. of M. Justices, and other of the Sove∣raign Lords, faithfull subjects then there pre∣sent, between W. of P. Plantiff, and H. B. Deforcient, of the Customs and Services which the said W. did require of the aforesaid H. for his Freehold, which the aforesaid W. holdeth in W. and W. (to wit) of one Knights fee and a half, with the appurtenances. And whereupon the said W. demanded of the afore∣said H. that he should do to him for Castle-gard

of B. when it shall happen, and for the Mu∣rage of the said Castle, when it shall be neces∣sary, as much as doth belong to the aforesaid Tenement, which services the said H. to him hath not acknowledged. And whereupon Plea between them in the said Court was summoned (to wit) that the aforesaid VV. hath granted for himself and his Heirs, that the aforesaid H. and his Heirs, and their Tenants of the honor of B. be quit from the aforesaid Services for ever: saving to the said W. and his Heirs, all other Services unto the afore∣said Tenement belonging. And for this grant, fine, and Concord, the said H. hath given, by the assent and will of the said Soveraign Lord the King that granteth it &c. This old Fine is in Dyer fo. 179. pla. 46.

A Fine of a Mannor in Possession, and other Lands in reversion.

* 1.40COmmand VV. B that he hold to F. R. Covenant of the Mannor of R. with the appurtenances, &c.

And the Concord is such, (to wit) that the aforesaid W. hath recognised the Mannor and Tenements aforesaid, with the appurtenan∣ces, to be the right of him the said F. of which the said F. hath the aforesaid Mannor with the appurtenances, two Messuages with the appurtenances in R. aforesaid, parcel of the Te∣nements aforesaid, by the gift of the aforesaid VV. and those he hath remised, &c. And hath

granted for himself and his Heirs, that two Messuages with the appurtenances in R. afore∣said, residue of the Tenements aforesaid, which A. B. widdow holdeth for Term of her life, of the inheritance, &c. after the decease of the said A. shall wholly remain to the aforesaid F. R. and his Heirs, To hold, together with the aforesaid Mannor and parcell of the Tene∣ments which to him by this Fine shall remain, of the chief Lords &c. And the aforesaid VV. B. and his Heirs will warrant to the aforesaid F. & his Heirs the aforesaid Mannors, and Te∣nements, with the appurtenances, (as it is said) against all men for ever. And for this, &c.

A Fine of Lands, part in possession, and part in Reversion, with a Render a∣gain to the Cognisors, and their Heirs.

* 1.41COmmand T. M. Esq; and M. his Wife that justly, &c. they hold &c. to A. S. Covenant of the mannor of W. near Y. VV. in C. and G. with the appurtenances, and of 350 Messuages, &c. also of the advow∣son of the Church of W. in G. in the County a∣foresaid. And of the Mannor of D. with the ap∣purtenances, and of 10 Messuages, &c. and seven shillings eight pence half penny rent, with the apputtenances in D. in the County of G. And of the mannor of S. with the appurte∣nances, & of 6 Messuages, &c. with the appur∣tenances in S. C. and V. in the County of D. &c.

And the Concord is such (to wit) that the aforesaid T. and M. have recognised the Man∣nors, Tenements, and rent, with the appur∣tenances, and the advowson afore••••id, to be the right of him the said A. of which the said A. hath the aforesaid Mannors of W near Y. W. in D. &c. and the advowson aforesaid in the said County of G. and the said Man∣nors of South C. with the appurtenances, and the aforesaid Tenements, with the appurtenances in South C. and V. aforesaid, in the said County of D. parcel of the Mannors, Tenements, and rent aforesaid by the gift of the aforesaid T. and M. And those they have remised &c. and have gran∣ted for themselves, and the Heirs of the said M. that the aforesaid Mannor of S. aforesaid, in the said County of S. And also the aforesaid Mannor of D. with the appurtenances, in the aforesaid County of S. residue of the Man∣nors Tenements, and rent aforesaid, which F. S. Esq; and E. his wife, do hold for term of the life of her the said E. of the inheritance of ••he aforesaid M. the day that this Concord was made, and which after the decease of him the said E. unto the afore∣said T. and M. and the Heirs of the said M. should revert after the decease of the said E. wholly shall remain to the aforesaid A. S. and his Heirs, To be held together with the afore∣said Mannors, Tenements, and rent, which to him by this fine shall remain, of the chief Lords of the Fee, by the services which unto the aforesaid Mannor Tenements, rent and ad∣vowson, do belong for ever, & the aforesaid T.

and M. and the Heirs of the said M. will war∣rant to the aforesaid A. and his Heirs, the a∣said Mannors, Tenements, and rent, with the appurtenances, and the advowson aforesaid (as it is said) against all men for ever. And for this, &c. the said A. hath granted to the aforesaid T. and M. the aforesaid Mannors, Tenements, and rent with the appurtenan∣ces, and the advowson aforesaid, and those to them he hath rendred in the said Court. To have and to hold to the said T. and M. of the chief Lords &c. for the life of the said T. and M. and the longer l••ver of either of them, without impeachment of any wast: And af••er the decease of the said T. and M. the aforesaid Mannors, Tenements, &c. shall wholly remain, to the Heir of him the said T, of the bodies of h••m the said T. and M. law∣fully begotten; To hold &c. And if no Heir of the said T. of the bodies of the said T. and M. shall be lawfully begotten, then the afore∣said Mannors &c. shall wholly remain to the Heirs of the body of the said M. lawfully be∣gotten. To hold &c. And if no Heir of the bo∣dy of the said M. shall be lawfully begotten, then the aforesaid Mannors &c. shall wholly remain, to the right Heirs of the said T. for ever. To hold, &c.

A Fine of a Reversion of a Rent.

* 1.42COmmand &c. that justly &c. hold Cove∣nant, &c. of forty shillings rent, with

the appurtenances, issuing out of the Mannor of F. and of 6. Messuages &c. And unlesse, &c.

And the Concord is such (to wit) that the aforesaid I. hath recognised the aforesaid rent, with the appurtenances, to be the right of him the said R. and hath granted for himself and his Heirs, that the aforesaid rent, with the ap∣purtenances, which H. T. and A. his wife hold for term of the life of her the said A. of the a∣foresaid I. the day that this concord was made, issuing out of the aforesaid Mannor, &c. with the appurtenances which I. H. Knight now holdeth, and which after the decease of the said A. unto the aforesaid I. F. and his Heirs ought to revert; after the decease of the said A. wholly shall remain to the aforesaid R. and his Heirs, for ever. And the aforesaid I. F. and his Heirs will warrant to the aforesaid R. and his Heirs the aforesaid rent, with the appurtenances (as aforesaid) against I. Abbat of the Monastery, &c. and his successors for e∣ver. And for this, &c.

A Fine of the Reversion of a Rent.

THis is the finall Concord made, &c. be∣tween R. P. Plaintiff and I. B. Deforci∣ent of ten Marks rent, with the appurtenances in B. which P. of A. holdeth for term of life, whereof plea of Covenant was summoned be∣tween them in the said Court, (to wit) that the aforesaid I. hath granted for himself and

his Heirs, that the aforesaid rent, with the ap∣purtenances, which the aforesaid P. holdeth for term of life, by the demise of the afore∣said I. in the aforesaid Town, the day that this Concord was made, and which after the decease of the said P. unto the aforesaid I. and his Heirs ought to revert, after the de∣cease of the said P. wholly shall remain to the aforesaid R. and the Heirs of his body begot∣ten. To hold of the chief Lords of the Fee by the services which unto the aforesaid rent do belong for ever. And if it happen that the said R. shall die without Heir of his body be∣gotten, then after the decease of the said R. the aforesaid Rent, with the appurtenances, shall wholly remain to the right Heirs of him the said R. to hold of the chief Lords of the Fee, by the services which unto the aforesaid rent do belong for ever. And for this Grant, Fine, and Concord, the said R. hath given to the aforesaid I. one hundred Marks of Mo∣ney.

A Fine of Rent service.

* 1.43COmmand &c. that justly &c. hold Covenant, &c. of eleven shillings rent, with the appurtenances in B. And unless, &c.

And the Concord is such, (to wit,) that the aforesaid E. hath recognised the aforesaid Rent, with the appurrenances, to be the right of the aforesaid W. and the said E.

hereupon hath granted to the said W. that the rent, with the apputtenances, together with the Homage and all the services of S. F. R. L. and I. D. and their Heirs, for so many Tenements as they severally of the said E. before held in the aforesaid Town, To have and to hold to the said W. and his Heirs, of the chief Lords of the Fee, by the Services which unto the a∣foresaid rent do belong for ever. And the a∣foresaid E. and his Heirs, the aforesaid rent, with the appurtenances, (as is aforesaid) to the aforesaid W. and his Heirs against all men will warrant for ever, &c.

A Fine where the Husband and the Wife sell the Wives ••ointure or Dower abso∣lutely to him in the Reversi∣on.

* 1.44COmmand T. G. Esq; and B. his Wife, that they hold with I. W. and E. his Wife Covenant, of 4 Messuages. &c.

And the Concord is such, (to wit) that whereas T. and B. have and hold the Tene∣ments aforesaid with the appurtenances, for term of the life of the aforesaid B. (the reversion thereof to the aforesaid E. and his Heirs after the decease of the aforesaid B. belonging;) the said T. and B. have granted to the aforesaid I. and E. the Tenements aforesaid, with the appurtenances, and all and whatsoever in the said Tenements with the appurtenances, for

the term of the life of her the said B. they have, to the said I. and E. in the said Court rendred, To have and to hold to the said I. and E. and the Heirs of the said E. during all the life of the said B. of the chief Lords &c. And the aforesaid T. and B. will warrant to the aforesaid I. and E. the Tenements a∣foresaid A. with the appurtenances (as it is said) against the aforesaid T. and B. during all the life of her the said E. and for this, &c.

Tenant for Term of life maketh a Lease, reserving a rent during her life,

* 1.45COmmand L. H. and D. his Wife, that they hold to B. B. Covenant of the Mannor of S. with the appurtenances, and of 6 Messuages &c. with the appurte∣nances in S.

And the Concord is such, (to wit) that the aforesaid L. and D. have granted the Mannor, Tenements, and Rent, with the appurtenan∣ces, which the said L. D. hold for term of the life of her the said D. (the reversion thereof after the decease of the said D. to one R. R. and his Heirs belonging) to the aforesaid B. B. to have to him & his assigns all the life time of t••e said D. And furthermore the said L. and D. have granted that they will warrant the Man∣nors, Tenements, and Rent aforesaid, with the appurtenances to the aforesaid B. and his assigns, all the life time of the aforesaid D. a∣gainst them the said L. and D. for ever, And

for this &c. the said B. hath granted to the a∣foresaid L. and D. one yearly rent of forty Marks, of lawfull &c. issuing out of the Man∣nor and Tenements aforesaid, To have and perceive the said yearly rent of forty Marks, to the aforesaid L. and D. for term of the life of her the said D. at the Feasts &c. by equall portions yearly to be paid, and if it happen that the aforesaid yearly rent, &c.

A Fine of a Reversion.

* 1.46COmmand P. A. that he hold, Covenant &c. of one Messuage &c.

And the Concord is such (to wit,) that the aforesaid P. hath recognised the Tenements a∣foresaid, with the appurtenances, to be the right of him the said E. And hath granted for himself and his Heirs that the aforesaid, Tenements which W. B. and A. his Wife hold for term of the life of the said A. of the in∣heritance of the said P. the day that this Con∣cord was made. And which after the decease of the said A. unto the aforesaid P. and his Heirs ought to revert, after the decease of the said A. shall wholly remain to the afore∣said E. S. and his Heirs for ever. To hold &c. and the aforesaid P. hath granted for himself and his Heirs, that he will warrant the aforesaid Tenements, with the appurte∣nances (as it is said) against all men for ever, And for this &c.

A Fine in Fee farm of a rent granted out of a Mannor only.

* 1.47COmmand A. C. Widdow that she hold to H. C. Gent. Covenant of the yearly rent of 40 l. issuing out of the Mannor of S. with the appurtenances in S. And unlesse &c.

And the Concord is such, (to wit) that the aforesaid A. hath granted to the aforesaid H. the aforesaid rent, with the appurtenances. And that to him hath rendred in the said Court. To have and perceive the aforesaid 40 l. to the said H. and his assigns at the Feasts of the Annuntiation of the blessed Vir∣gin Mary, and of St. Michael the Arch-angel, by equall portions yearly to be paid, during the life of the said H. &c. And if it happen the aforesaid rent of forty pounds to be in ar∣rear, &c. that then it shall be lawfull for the aforesaid H. and his assigns, during her life, into the aforesaid Mannor, with the appur∣tenances, to enter and distrain &c. And the aforesaid A. and her Heirs will warrant to the aforesaid H. and his assigns the aforesaid rent of forty pounds, with the appurtenances (as it is said) against ••he aforesaid A. and her Heirs, during the life of the said H. for ever. And for this, &c.

A Fine of severall rents granted out of a Mannor.

* 1.48COmmand E. B. Widddow. E. B. Gent. R. B. Gent. and R. B. Gent. that they hold to R. G. Covenant of the Mannor of H. with the appurtenances, and of ten Messuages. &c.

And the Concord is such, (to wit) that the aforesaid Eliz Edw. Bald. Ra. & Rich. have re∣cognised the aforesaid Mannor, Tenements, and rent, with the appurtenances, to be the right of him the said R. (cum Release •••• war∣rant.) And for this, &c. The said Rog. hath granted to the aforesaid Edw. one annuity or yearly rent of 6 l. 13s. 4 d. issuing out of the Mannor & Tenements aforesaid, with the appurtenances. And those to them he hath ren∣dred in the said Court. To have and perceive the said yearly rent of 6l. 13. s. 4 d. to the afore∣said Edw. and his assignes, during his life, at the Feast of the nativity of St. John the Bap∣tist, and the Annuntiation of the blessed Vir∣gin Mary by equall portions yearly to be paid, And if it happen, &c. Also the said R. hath granted one annuity or yearly rent of 6l. 13 s. 4 d. ut supra cum claus. district. And moreo∣ver the said R. hath granted to the aforesaid R. one other annuity &c. of 6 l. 13 s. 4. d. in manner and form aforesaid: furthermore the said R. hath granted to the aforesaid E. the aforesaid Mannor, Tenements, and Rent, with the appurtenances. And those to them

he hath rendred in the said Court. To have and to hold to the aforesaid E. and his assigns, during the life of the said E. of the chief Lords of the Fee, &c. And after the decease of the said E. the aforesaid Mannor, Tene∣ments, and Rent, shall wholly remain to the aforesaid E. and his Heirs. To hold of the cheif, &c.

A Fine of a Rent, with a Pain of 8 l. for every five weeks that the Rent is behind, for every week after the 5 weeks, to forfeit 8 l. nomine Poene, with a clause of distresse.

ANd for this &c. the said A. & B. have gran∣ted to the aforesaid W. and F. one annuall rent of 90 l. out of the aforesaid Mannor, & Te∣nements, with the appurtenances, and those to him they have rendred in the said Court. To have and perceive the aforesaid annual rent of 90 l. to the said W. & F. and the Heirs of the bodies of the said W. & F. lawfully begotten, at the Feasts of St. Michael the Arch-angel, & of the Annuntiation of the blessed Virgin Ma∣ry, by equal portions yearly to be paid, And if it happen that the said W. & F. shall dye with∣out Heir of their bodies lawfully begotten. Then after the decease of the said W. and F. the said yearly rent of ninety pounds, shall wholly remain to the right Heirs of the said W. at the Feasts aforesaid yearly to be paid. And if it happen the aforesaid annuall rent of

ninety pounds to be in arrear, and unpaid, in part or in all, by the space of 5 weeks after any Feast of the aforesaid Feasts, wherein as afore∣said it ought to be paid, (if in a lawfull manner it be demanded at C. aforesaid,) that then and so often the aforesaid W. T. and his Heirs, shall forfeit to the aforesaid W. and F. and the Heirs of their bodies lawfully be∣gotten, and also to the right Heirs of the said W. if the aforesaid W. and F. shall die without Heir of their bodies lawfully begotten, eight pounds in name of a Pain. And so every * 1.49 week, after the aforesaid 5 weeks, eight pounds as often as the aforesaid yearly Rent of ninety pounds shall be in arrear: that then and so often, it shall be lawfull for the afore∣said W. and F. and the Heirs of their bodies lawfully begotten, and also for the right Heirs of the said W. if the said W. and F. shall die without Heir of their bodies lawfully begotten, into the aforesaid Mannors and Te∣nements, with the appurtenances, to enter and distrain, and the Distresses so there taken and had, to lead, bear, and drive away, and in their custody to retein, untill as well of the aforesaid yearly rent of ninety pounds with the arrearages thereof, (if any shall be) as of the aforesaid eight pounds as aforesaid, in the name of Pain forfeited, after the afore∣said 5 weeks, and for 8 l. for every week after the aforesaid 5 weeks as aforesaid, they shall be fully satisfied and paid, &c.

A Fine in fee Farm yeilding a Rent, with a distresse.

* 1.50COmmand T. S. of C. Esq; and A. his Wife, that they hold to W. D. Covenant of 5 acres of Land with the appurtenances in E. &c.

And the Concord is such, (to wit) that the aforesaid T. and A. have recognised the Te∣nements aforesaid, with the appurtenances to be the right of him the said W. as those which the said W. hath by the gift of the a∣foresaid T. and A. and those they have remi∣sed and quite claimed from themselves and their Heirs to the aforesaid W. and his Heirs for ever. And furthermore the aforesaid T. and A. have granted for themselves and the Heirs of the said T. that they will warrant to the aforesaid W. and his Heirs, the Tenements aforesaid, with the appurtenances, against all men for ever. And for this &c. The aforesaid W. hath granted to the aforesaid T. one an∣nuity or yearly rent of 20 s. of lawfull money of England, issuing, and to issue of and out of the Tenements aforesaid, with the appurte∣nances, and that to him they have rendred in the said Court. To have, hold and perceive, the aforesaid annuity or yearly Rent of 20 s. at foresaid to the aforesaid T. and his Heirs, a-the Feasts of St. Martin the Bishop in winter, and of Penticost, by equal portions year∣ly

for ever to be paid. And if, and as often as it happen the aforesaid annuity or yearly rent of 20 shillings aforesaid to be in arrear, and unpaid, in part or in all, by the space of forty days, after any feast of the feasts afore∣said, wherein, as aforesaid, it ought to paid, that then, and so often, it may and shall be lawfull for the aforesaid T. and his heirs, into the aforesaid Tenements with the ap∣purtenances, to enter, and to distrain. And the distresses so there taken, lawfully to lead bear and drive away, and in his custody to retain, until of all the aforesaid annuity or yearly rent of 20 s. aforesaid, together with the arrearages thereof (if any shall be) he be fully satisfied and paid, &c.

A Fine in fee farm, rendring a rent, suit of Court, and Heriot after de∣cease, recease, and alienation.

* 1.51COmmand A. B. and C. D. that they hold to F. G. Covenant of 20 acres of land, &c.

And the Concord is such (to wit) that the aforesaid A. B. and C. D. have recognised the tenements aforesaid, to be the right (Ut in si∣ne sur recognisance de droit rele••se and warranty) And for this, &c. the aforesaid T. hath gran∣ted to the aforesiid A. B. and C. D. one annu∣ity, or yearly rent of 12 d. of lawfull money of England, issuing and to issue from and out

of the tenements aforesaid, with the appurte∣nances. And those to them he hath rendred in the said Court. To have and to perceive the aforesaid annuity, or yearly rent of 12 d. to the said A. B. and C. D. and the heirs of the said A. at the Feasts of St. Michael the Arch-angel, and the Annunciation of the bles∣sed Virgin Mary, by equal portions yearly to be paid. And also the aforesaid F. hath gran∣ted for himself and his heirs, to the aforesaid A. B. and C. D. and the heirs of the said A. to doe suit of Court yearly to the aforesaid A. B. and C. D; and the heirs of the said A. at his Mannor of C. twice in the year, upon lawfull warning thereof aforehand to be given. To hold, &c. And to pay after the decease, re∣cease and alienation, as well of the aforesaid F. and his heirs, as of every other Tenant, being free Tenant of the Tenements afore∣said, or of any parcel thereof, the best beast of verye such Tenant in the name of a Heriot. And if it happen the aforesaid annuity or yearly rent, to be in arrear and unpaid, in part or in all, after any feast of the feasts aforesaid, wherein as aforesaid it ought to be paid, or suit of Court aforesaid not to be done, or the Heriot aforesaid, when it shall happen not to be paid or delivered, that then it shall be lawfull for the aforesaid A. B. and C. D. and the heirs of the said A. into the tenements aforesaid, with the appurtenances, to enter, and to distrain, and the distresses so there taken, lawfully to lead, bear, and drive away, and in his custo∣dy to retain until, as well of the afore∣said annuity or yearly rent of 12 d. toge∣ther

with the arrearages thereof, if any shall be, as of the suit of Court and the Heriot a∣foresaid being in arrear, the said A. B. and C. D. and the heirs of the said A. shall be fully satisfied, contented, and paid, &c.

A Fine in Fee-farm, rendring a rent; with a Nomine poene, for default of payment.

* 1.52COmmand A. B. Esq; that he hold to C. D. Covenant of the Mannor of L. with the appurtenances: Also of 4 Messuages and ten shillings rent, with the appurtenances, in L. aforesaid, &c.

And the Concord is such, (to wit) that the aforesaid A. B. hath recognised, (ut in fine sur recognisance de droit,) And for this, &c. the said C. hath granted to the aforesaid A. one annuity or yearly rent of seven pounds of lawfull money of England, issuing, and to is∣sue out of, and in the Mannor and Tene∣ments, with the appurtenances. And that to him he hath rendred in the said Court: To have and perceive the aforesaid annuity or yearly rent of seven pounds to the aforesaid A. his heirs and assigns, the tenth day of Sep∣tember, between the ninth hour before mid∣day, at the third hour after mid-day of the same day yearly, at the house or dwelling, commonly called S. situate in his Marker, called the Market stead, in the Town of C. in the Countie of D. to be paid. And if it hap∣pen the aforesaid annuity or yearly rent of

seven pounds to be in arrear, and unpaid, in part, or in all, by the space of fourteen dayes after the aforesaid tenth day of September, wherein, as aforesaid, it ought to be paid; that then the aforesaid C. and his heirs, shall forfeit to the said A. and his heirs, 13 s. 4 d. in name of a pain, so often as the aforesaid an∣nuity or yearly rent, or any parcel thereof, shall happen to be so in arrear. And it shall be lawfull for the aforesaid A. and his heirs, into the aforesaid Mannor, and other the pre∣misses, with the appurtenances, and into eve∣ry parcel thereof to enter, and distrain, as well for the aforesaid annuity or yearly rent of seven pounds, and every parcell there∣of, as for the aforesaid 13 s. 4 d. in name of a pain, to the said A. and his heirs forfeited, * 1.53 so often as it shall so happen to be in ar∣rear, & unpaid: and the distresses so there ta∣ken and had, lawfully to lead, bear, and drive away, and in his custody to retain, until as well for the aforesaid annuity, or yearly rent of seven pounds, as for the aforesaid 13 s. 4 d. in name of a pain, so often forfeited, the said A. and his heirs shall be fully satisfied and paid, &c.

A Fine by the Husband and the Wife, to the Husband and Wife, with a Render.

* 1.54COmmand, &c. that justly, &c. keep Covenant, &c. of the Man∣nor

of B. And unlesse, &c.

And the Concord is such, (to wit) that the aforesaid I. ••. and E. have recognised the Mannor aforesaid, with the appurtenances, to be the right of him the said R. as those which the said R. and M. have by the gift of the aforesaid I. and E. and those they have remised and quite claimed from them the said I. and E. and the Heirs of him the said E. to the aforesaid R. and M. and the Heirs of him the said R. for ever. And furthermore the said I. and E. have granted for themselves and the Heirs of the said E. that they will warrant the aforesaid Mannor, with the ap∣purtenances, to the aforesaid R. and M. and the Heirs of him the said R. against all men for ever. And for this recognisance, remise, quite [claim; warranty, fine, and concord, the said R. and M. have granted for themselves and their Heirs to the aforesaid I. and E. and the Heirs of the body of him the said E. law∣fully begotten, four pounds rent, issuing out of the Mannor aforesaid, with the appurte∣nances, and those to them they have rendred in the said Court. To have and perceive every year (that is to say) one moyety thereof at the Feast of St. M. and the other moyety thereof at the Feast of th' Annunciation of the blessed Virgin Mary, to the said I. and E. and the heirs of the body of the said E. lawfully begotten, by equal portions, yearly to be paid, by the hands of the Tenants, which shall hereafter hold the said Mannor, with the appurtenances. And moreover, the said R. and M. have granted for themselves and

their heirs, that if the aforesaid rent at any term wherein it ought to be paid, shall be in arrear, in part, or in all; that then it shall be lawfull for the aforesaid I. and the heirs of the body of him the said I. lawfully begotten, to distrain the aforesaid R. and M. and their heirs, and those which hereafter shall hold the said Mannor, by all their goods and chat∣tels in the said Mannor, with the appurtenan∣ces, found, for twenty shillings, in name of a pain, for every Term so being in arrear, by the space of one moneth. And those to retain until full payment, as well of the aforesaid four pounds rent, as of the aforesaid twenty shillings Nomine poene, which to them shall be in arrear, &c.

A writ of Covenant that was for the King, for the Tith-corn of a Parish, and the manner of the endorsment thereof used by his Attorney General.

* 1.55COmmand A. B. and C. that they hold to us Covenant, between us and the aforesaid A. and C. made of all and all manner of Tithes of grain, growing, com∣ming, or renewing, within the said Parish of Hotton. And unlesse they shall doe it, sum∣mon by good summoners, &c.

The Endorsment is thus,

Edward Coke, Esq; Attorney General of our Soveraign Lord the King, for the said Soveraign Lord the King prosecutes this Writ.

A Fine knowledged by T. W. to I. R. of one Messuage, one Barn, of Land, Mea∣dow, and Pasture; and warranty against all men.

* 1.56COmmand T. W. Esq; that justly &c. he hold to I. R. the Cove∣nant between them made, of one Messuage, one barn, 25 acres of land, 4 acres of meadow, and 10 acres of pasture, with the appurtenan∣ces in L. And unlesse, &c.

And the Concord is such, (to wit) that the aforesaid T. hath recognised the Tenements aforesaid, with the appurtenances, to be the right of the said I. as those which the said I. hath by the gift of the aforesaid T. And those he hath remised, and quite claimed, from him∣self and his heirs for ever, And furthermore, the said T. hath granted, for himself and his heirs, that he will warrant the Tenements a∣foresaid, with the appurtenances, to the afore∣said I. and his heirs, against all men for ever. And for this recognisance, &c.

A Fine knowledged by the Husband and Wife, and the Cognisee by the same Fine granteth and rendreth back again the premises to the said Conusors, and to the heirs of the Husband, one of the said Conusors, for ever.

COmmand T. B. and E. his Wife, that just∣ly, &c. they hold to W. L. and I. K. the Covenants between them made, of the Man∣nor of W. with the appurtenances, and of 2 Messuages, 80 acres of land, 100 acres of Pasture, 60 acres of wood, and 5 shillings rent, with the appurtenances in H. and B. And unlesse, &c.

And the Concord is such (to wit) that the aforesaid T. and E. have recognised the Man∣nor, Tenements, and Rent aforesaid, with the appurtenances, to be the right of the said W. as those which the said W. and I. have by the gift of the aforesaid T. and E. and those they have remised and quit claimed from the said T. and E. and their heirs to the aforesaid W. and I. and the heirs of the said VV. for ever. And furthermore the said T. and E. have gran∣ted, for themselves and the heirs of the said E. that they will warrant the Mannor, Tene∣ments and rent aforesaid, with the appurte∣nances, unto the aforesaid W. and I. and the heirs of him the said W. against all men for e∣ver. And for this Recognisance, &c. the said W. and I. have granted to the aforesaid T. the Mannor, Tenements, and Rent aforesaid,

with the appurtenances, and those to him they have rendred in the said Court. To have and to hold to the said T. and his heirs for e∣ver.

A Fine knowledged by H. K. and I. his wife, I. C. and K. his Wife, to R. G. of one Messuage, one Garden, of land and pa∣sture, and the same Conusors, for them, and the heirs of Jo. do warrant two parts of the pre∣misses in 3. parts divided, to the Conusee and his heirs, against all men for ever.

COmmand I. H. and I. his Wife, that just∣ly, &c. they hold to R. G. the Covenant between them made of one Messuage, one gar∣den, 40 acres of land, and 4 acres of pasture, with the appurtenances in, &c. And unlesse, &c. And the Concord is such, that the a∣foresaid I. and I. have recognised the Tene∣ments aforesaid, with the appurtenances, to be the right of the said R. as those which the said R. hath by the gift of the aforesaid H. & I. I. and K. and those they have remised, and quite claimed for them the said H. and I. I. and K. and their heirs, to the aforesaid R. and his heirs for ever. And furthermore, the said H. and I. I. and K. have granted, for themselves and the heirs of the said I. that they will war∣rant two parts of the Tenements aforesaid, with the appurtenances, in three parts, divi∣ded, to the aforesaid R. and his heirs, a∣gainst

all men for ever. And for this, &c.

A Fine acknowledged by I. F. Knight, and M. his Wife, and R. H. of 2 Messuages 1 Garden, 1 Orchard and of Land, Meadow, and Pasture to T. B. and I. K. with warranty against all men. And the Conusees by the said Fine, Grant, and Render to the said R. one of the Conusors in the Fine, 6 acres of Land, &c. parcel of the Premises, for one month to come next. and afterwards the same to remain to one I. now the Wife of R. N. and R. N. Son of the said R. and I. during their lives & the longer liver of them, and after their deceases, the said 6 acres of Land to remain to I. N. Daughter of the said. R. and I. his Wife, du∣ring her life, reserving a Rent with clause of Distresse, for non-payment thereof, and the re∣sidue of the Premises, viz. The two Messuages, one Garden, one Orchard, &c. the said Conu∣ses, grant, and render to R. H. for one month, and afterwards to one R. N. and I. his Wife. To have and to hold to the said R. & I. during their lives and the longest liver of them, reserving also thereupon a Rent with a clause of Distress for non payment thereof. And lastly the said Conusees do grant and render the rever∣sion of the whole Premises, and the several rents reserved upon the said Grants, and Ren∣ders, unto the said I. F. and M. his Wife, two of the said Conusors, and to the Heirs of the said I. F. for ever.

COmmand I. F. Knight, and M. his wife, and R. H. that justly &c. they hold to T. P. and I. K. &c. of 2 Messuages one Garden, one Orchard, 21 acres of Land, nine acres of Meadow, and 58 acres of Pa∣sture, with the appurtenances in M. And unless, &c.

* 1.57And the Concord is such, (to wit) that the aforesaid I. M. and R. have recognised the Tenements aforesaid, with the appurtenances to be the right of the said T. as those which the said T. and I. have by the gift of the afore∣said M. and R. And those they have remised and quite claimed, from them the said I. M. and R. and their Heirs to the aforesaid T. and I. and the Heirs of the said T. for ever. And moreover the said I. F. M. and R. have granted for themselves, and the Heirs of the said I. that they will warant the Tenements aforesaid with the appurtenances, to the afore∣said T. and I. and the Heirs of him the said T. against all men for ever, and for this, &c. The said T. and I. have granted to the afore∣said R. six acres of Land, 6 acres of Meadow, and 46 acres of Pasture, of the Tenements * 1.58 aforesaid, with the appurtenances, and those to him they have rendred in the said Court. To have and to hold to the said R. for term of one month henceforth next to come. And af∣ter that term ended. the said 6 acres of Land, 3 acres of Meadow, 46 acres of Pasture, with the appurtenances, shall wholly remain to one I. the now Wife of one R. N. and to one R. N. Sonne of them the said R. N. To have and to

hold to the aforesaid I. and R. during the life of them the said I. and R. and of the longer liver of either of them, and after the decease of the said I. and R. the said 6 acres of Land, 3 a∣cres of Meadow, and 46 acres of Pasture, with the appurtenances, shall wholly remain to I. N. Daughter of the aforesaid R. and I. his Wife. * 1.59 To have and to hold to the said I. the Daughter all the life time of the said I. the Daughter yielding therefore yearly to the aforesaid T. and I. and their Heirs 108 s. 10 d. at the Feasts, &c. by equall portions yearly to be paid; * 1.60 And if it happen the aforesaid an∣nuall rent of CVIII shillings, X pence, or any parcell thereof to be in arrear and un∣paid in part or in all after any Feast of the Feasts aforesaid wherein or in which (as afore∣said) it ought to be paid, that then it shall be lawfull for the aforesaid T. and I. their Heirs and assigns, as well during the naturall life of the aforesaid I. and R. N. now Wife of the aforesaid R. and of the longer liver of either of them as during the life of the aforesaid I. the Daughter, into the aforesaid 6 acres of Land, &c. with the appurtenances, and into every parcel thereof, to enter and to distrain and the distresses so there taken, it may be lawfull from them to lead and drive away, and in their custody to retein untill of the afore∣said annuall rent of 108 s. 10 d. and of eve∣ry parcel thereof, together with the arrears thereof, if any shall be, they shall be fully sa∣tisfied and paid. And furthermore the said T. and I. have granted to the aforesaid R. H. * 1.61 two Messuages, one Orchard, one Garden,

sixteen acres of Land, 3 acres of Meadow, and 12 acres of Pasture, with the appurtenan∣ces, being the residue of the Tenements afore∣said. And those to him they have rendred in the said Court, To have and to hold to the said R. for the term of one month, and after that term ended, the said 2 Messuages, 1 Garden, 1 Orchard, sixteen acres of Land, three acres of Meadow, and twelve acres of Pasture, being the residue shall wholly remain to one R. N. and I. his Wife. To have and to hold, to the said R. N. and I. during the life of the said R. N. and I. and of the longer liver of * 1.62 them, yielding therefore yearly to the afore∣said T. and I. and the Heirs of them 13 s. of lawfull money of England, at the Feasts afore∣said, by equal portions yearly to be paid. And if it happen the aforesaid yearly rent of 13 s. * 1.63 or any parcel thereof to be behind and unpaid in part or in all after any Feast of the Feasts aforesaid, wherein (as aforesaid) it ought to be paid, That then it shall be lawfull for the aforesaid T. and I. into the aforesaid two Messuages, one Garden, one Orchard, 16 a∣cres of Land. 3 acres of Meadow, and 12 acres of Pasture••, being the residue with the appur∣tenances, and every parcell thereof to enter and distrain, and the distresses so there taken it may be lawfull from thence to lead, drive * 1.64 away, and in their custody to retein untill of the aforesaid Rent of 13 s. together with the arrerages thereof, (if any shall be) they shall be fully sat••fied and paid. Also the aforesaid T. and I. K. have granted to the aforesaid I. F. and M. the reversion of all and singu∣lar

the Tenements aforesaid, with the appur∣tenances, and all the rents aforesaid thereup∣on reserved. And those to them they have rendred in the said Court. To have and to hold to the said I. and M. and the Heirs of him the said I. for ever, of the chief Lords of the Fee by the services which unto the aforesaid Tenements with the appurtenances do be∣long for ever.

A Fine accknowleged by G, H. and D. his Wife. T. S. Esq; and M. his Wife. of forty a∣cres of Land, to R. B. and W. N. with War∣ranty, and the Conuses do grant and render to the said D. and to his Heirs, all mines of Coles in a Close, parcel of the Premises called Stanley Field, with liberty to digge for the same.

COmmand G. H. Esq; and D. his Wife T. S, Esq; and M. his Wife, that justly, &c, they hold to R. B. and W. W. the cove∣nant between them made, of 40. acres of Land, with the appurtenances, in Stanley and Spendon. And unless, &c.

And the Concord is such, (to wit) that the aforesaid G. D. T. and M. have recognised the Tenements aforesaid, with the appurte∣nances, to be the right of him the said R. as those which the said R. and W. have by the gift of the aforesaid G. D. T. and M. and those they have remised and quite claimed from them the said G. D. T. and M. and their Heirs to him the aforesaid R. and W. and the Heirs of the said R. against the afore∣said

G. D. T. and M. and the Heirs of him the said T. for ever, and for this recogni∣sance * 1.65 &c. the aforesaid R. and W. have gran∣ted to the aforesaid G. D. all mines of coales being in a field, patcel of the Tenements a∣foresaid called Stanley Field. also free ingress and egress in and upon the aforesaid Field, to digge in those mines for those Coales, all times of the year at the free will and pleasure of the said G. and D. and the Heirs of him the said D, And all those to them they have rendred in the said Court. To have, take, and per∣ceive the aforesaid mines, ingresse, ••gresse, and liberty aforesaid with the appurtenances, to the aforesaid G. and D. and the Heirs of him the said D. for ever.

A Fine knowledged by W. K. and K. his wife of the third part of one Messuage, one Barn, one Garden, &c. to I. K. and T. H. with warranty against all men, and the said Conu∣sees do grant and render to the said S. one of the Conusors, the said third part of the Premise•• from Mich. or the Annuntiation &c. which first shall happen to be the next after the death of one E. now the Wife of W. T. for the term of 21 years, reserving a rent yearly to the Conu∣sees, with a clause of Distress, for the said rent, and lastly, the said Conusees, grant, and render the reversion of the said Premises to W. K. and K. his Wife, being two of the said Conusors in the said Fine, and to the Heirs of the said K▪ for ever.

COmmand W. K. and K. his Wife, that just∣ly, &c. they hold to I. K. and T. H. the Covenant between them made, of the third part of one Messuage, one barn, one garden, 30 acres of land, 2 acres of meadow, and 10 acres of pasture, with the appurtenances, in &c. And unless, &c.

* 1.66And the Concord is such, to wit, that the aforesaid W. K. and S. have recognised the third part aforesaid, with the appurtenances, to be the right of the said I. as those which the said I. and T. have by the gift of the afore∣said W. K. and S. And those they have remi∣sed, and quite claimed, from them the said W. K. and S. and their heirs, to the aforesaid I. and T. and the heirs of him the said I. for e∣ver. And furthermore, the said W. K. and S. have granted, for themselves, and the heirs of him the said K. that they will warrant the third part aforesaid, with the appurtenances, to the aforesaid I. and T. and the heirs of him the said I. against all men for ever. And for this recognizance, the said I. and T. have granted to the aforesaid S. the third part a∣foresaid with the appurtenances, & that to him they have rendred in the said Court. To have and to hold to the said S. from the Feast * 1.67 of St. Michael the Archangel, or from the Feast of the Annunciation of the blessed Vir∣gin Mary, which shall first and next happen, or shall be after the death of one E. now Wife of W. T. and late wife of R. C. deceased, un∣to the end and term of 21 years from thence next coming, and fully to be compleat; yeil∣ding

therefore by the year to the aforesaid I. and T. twelve pence, at the Feasts of the An∣nuntiation of the blessed Virgin Mary, and of St. Michael the Arch-angel, by equall porti∣ons to be paid. And if it happen the afore∣said yearly rent of twelve pence, or any par∣cell * 1.68 thereof to be behind and unpaid, in part or in all, after any Feast of the Feasts afore∣said, wherein as aforesaid it ought to be paid. That then it shall be lawfull for the aforesaid I. and T. their Heirs and assigns, into the third part aforesaid, with the appurtenances and into every parcel thereof to enter and di∣strain, and the Distresses so there taken, it may be lawfull from them to lead, drive, bear a∣way, and in their custody to retein untill, of the aforesaid yearly rent of twelve pence, and of every parcel thereof, together with the ar∣teages thereof, if any shall be, they shall be fully satisfied and paid. Also the said I. K. * 1.69 and T. H. have granted to the aforesaid W. and K. the reversion of the third part afore∣said, with the appurtenances, and the rent a∣foresaid, above reserved. And those to them they have rendred in the said Court. To have and to hold, to the said W. and K. and the Heirs of him the said K. for ever, of the chief Lords of the Fee by the Servic••s which unto the said third part do belong for ever.

A Fine knowledged by W. P. and M. his Wife, of a Mannor &c. one water-Mill, one Wind-Mill, three Dove-houses, &c. to E. B. and R. C. and the Conusees by the same Fine, do grant unto the said M. a yearly rent of twelve pounds going out of the said Mannor: Habendum from Mich. or the Annuntiation next after the death of the said W. P. her Husband, and one of the Conusors in the said Fine, during her life, in the full recompence of her Title of Dower, or joynture in any of the Lands of her said Husband, with a clause of Distresse for the said rent. And lastly, the said Conusees grant and render again the said Mannor, &c. to the said VV. P. the Conusor and Husband, to the said M. and to his Heirs for ever.

* 1.70ANd the Concord is such (to wit) that the aforesaid W. and M. have recognised the Mannor and Tenements aforesaid with the appurtenances, to be the right of him the said E. and R. as those which the said E. and R. have by the gift of the aforesaid W. and M. and those they have remised and quite claim∣ed from themselves and their Heirs to the a∣foresaid E. and R. and the Heirs of him the said E. for ever. And furthermore the said W. and M. have granted for themselves and the Heirs of the said W. that they will war∣rant the Mannor and Tenements aforesaid, with the appurtenances to the aforesaid E. B. and R. and the Heirs of him the said E. a∣gainst

all men for ever. And for this recogni∣sance &c. The said R. and E. have granted to the aforesaid M. one yearly rent of 12 l. is∣suing * 1.71 out of the aforesaid Mannor and Tene∣ments, with the appurtenances. To have and to hold, and yearly to perceive the afore∣said yearly rent of 12 pounds to the aforesaid M. and his assigns, from the Feasts of St. Mi∣chael the Arch-angel, or the Annuntiation of the blessed Virgin Mary next, and immediatly following after the death of the aforesaid W. for and during the naturall life of the said Ma∣ry, at two Terms of the year, viz. at the Feasts of St. Michael the Arch-angel, and the An∣nuntiation of the blessed Virgin Mary, by e∣qual portions yearly to be paid, in full re∣compence of all the Title either of joynture, or Dower which to the said M. ought to hap∣pen of any of the Lands or Tenements, of the aforesaid W. P. And if it happen the afore∣said yearly rent of 12 pounds, or any parcel thereof to be behind and unpaid after any Feast of the Feasts aforesaid, wherein as afore∣said, it ought to be paid. That then and so often it shall, and may be lawful for the afore∣said M. and his assigns, into the aforesaid Mannor and Tenements, or into any parcell thereof, to enter and distrain, & the Distresse or Distresses so there taken, to lead, drive * 1.72 away, and in their custody to retein untill of the aforesaid yearly rent of 12 pounds, and of every parcel thereof, together with the ar∣rearages of the same, (if any shall be) they shall be fully satisfied and paid. And fur∣thermore the said E. and R. have granted to

the aforesaid W. the Mannor and Tenements aforesaid, with the appurtenances; and those to him they have rendred in the said Court: To have and to hold the aforesaid Mannor, with the appurtenances, to the aforesaid W. and his heirs for ever. To hold, &c.

A Fine knowledged by I. G. alias G. and M. his wife, to R. R. Knight, Lord R. of one Messuage, one Barn, and one hundred shillings rent, the parsonage of B., and the advowson of the Vicaridge of B. with warranty against the Conusor and his wife, and the Heirs of the Husband.

COmmand I. G. otherwise G. I. and M. ••is wife, that they hold to R. R. Knight, Lord R. the Covenant, &c. of one Messuage, one Barn, fifteen acres of Land, six acres of Meadow, twenty acres of Pasture, and five pounds rent, with the appurtenances in B. and of the Rectory of B. aforesaid. Also of the advowson of the Vicaridge of the Church of B. And unlesse, &c.

And the Concord is such, (to wit) that the aforesaid I. and M. have recognised the afore∣said Tenements, Rent, and Rectory, with the appurtenances and the advowson aforesaid, to be the right of him the said Lord R. as those which the said Lord R. hath by the gift of the aforesaid I. and M. and those they have remised and qu••te claimed from them the said I. & M. and their Heirs to the aforesaid Lord R. and

his Heirs. And furthermore the said I. and M. have granted for themselves, and the Heirs of the said I. that they will warrant to the a∣foresaid Lord R. and his Heirs, the aforesaid Tenements, Rent, & Rectory with the appur∣tenances, and the advowson aforesaid, against the aforesaid I. and M. and the Heirs of him the aforesaid I. for ever And for this &c.

A Fine knowledged by I. S. and M. his wife of one Garden, &c. with two severall warranties, The first warranty against the Conusors, and their Heirs onely: and in the second, the said I. S. and M. his wife, grant to warrant the Premises for them, and the Heirs of the Hus∣band against all men.

COmmand I. S. and M. his wife, that justly &c. they keep with N. M. the Co∣venant between them made of one Garden, and ten acres of Land, with the appurtenan∣ces in S. and unlesse. &c.

And the Concord is such, (to wit) that the aforesaid I. and M. have recognised the Te∣nements aforesaid with the appurtenances, to be the right of him the said N. and those they have remised and quite claimed from them the said I. and M. and their Heirs to the aforesaid N. and his Heirs for ever. And furthermore * 1.73 the said I. and M. have granted for themselves and the Heirs of him the said I. that they will warrant the Tenements aforesaid with the appurtenances to the aforesaid N. and his

Heirs for ever. And moreover the said I. and M. have granted for themselves and the Heirs of him the said I. that they will warrant * 1.74 the aforesaid Tenements, with the appurte∣nances, to the aforesaid N. and his Heirs against all men for ever. And for this, &c.

A Fine knowledged by E. R. of a Man∣nor, &c. with warranty against all men.

COmmand E. R. Esq; that justly, &c. he hold to H. W. Gent. the Covenant be∣tween them made, of the Mannor of S. with the appurtenances, and of 12 Messuages, 10 Tofts, 10 Gardens, 2 Wind-mills, 600 acres of Land, 40 acres of meadow, 6 acres of pa∣sture, 200 acres of Wood, 50 acres of Furrs and Heath, and 6 pounds rent, with the ap∣purtenances in &c. And unlesse, &c.

And the Concord is such, (to wit) that the aforesaid E. R. hath recognised the Mannor, Tenements, and rent aforesaid, with the ap∣purtenances, to be the right of him the said H. W. as those which the said H. hath by the gift of the aforesaid E. And those he hath re∣mised, and quite claimed, from him the said E. and his heirs, to the aforesaid H. and his heirs for ever. And furthermore, the said E. hath granted for himself and his heirs, that they will warrant to the aforesaid A. and his

heirs, the Mannor, Tenements, and Rent aforesaid, with the appurtenances, against all men for ever. And for this, &c.

A Fine acknowledged within the Coun∣ty of Chester, by H. S. Esq; to W. F. & R. C. of divers Mannors, &c. with warrantie against all men. And the Conusors by the same Fine, grant and render the same Mannors, &c. unto the Conusor and his heirs males; and for default of such heirs males, then to certain per∣sons for the life of I. S. brother unto the said Conusor, and after his death to his heirs males. And if the said I. S. died without heir male, then to divers others of the name and kindred of the Conusor, and to their heirs males, and for default of such heirs, the last remainder in fee to the right heirs of the Conusor for e∣ver.

THis is the final concord, made in the Court of &c. at Chester, Wednesday, &c. In the year, &c. before M. H. Knight, Justice, &c. between W. F. and R. C. Plaintiffs, and H. S. of O. in the County of Chester, Esq; of the Mannor of O. & O. with the appurtenances, and of 14 Messuages, 500 acres of Land, 200 acres of Meadow, 500 acres of pasture, 60 a∣cres of wood, 100 acres of Moor and Marish, and 2 shillings rent, with the appurtenances in O. O. in C. and W. and of the moyety of the Mannor of E. with the appurtenances,

and of 6 Messuages, 100 acres of Land, 100 a∣cres of Meadow, 20 acres of Pasture, 2 acres of Wood, 20 acres of Furrs and Heath, with the appurtenances in E. whereof plea of Co∣venant was summoned between them in the said Court; to wit, that the aforesaid H. hath recognized the Mannor, Tenements, and rent aforesaid, with the appurtenances, and his aforesaid moyety of the Mannor of E. and the aforesaid Tenements in E. aforesaid, with the appurtenances, to be the right of him the said W. as those which the said W. and R. C. have by the gift of the aforesaid R. And those they have remised and quite claimed, from him the said H. and his heirs, to the aforesaid W. and R. and the heirs of him the said W. for ever. And furthermore, the said H. hath granted, for himself and his heirs, that he * 1.75 and his heirs will warrant the Mannors, Te∣nements, and Rent aforesaid, and the afore∣said moyety of the said Mannor of E. and the aforesaid tenements in E. aforesaid, with the appurtenances, to the aforesaid W. and R. and the heirs of him the said W. against all men for ever. And for this recognizance, re∣mise, * 1.76 quite claim, warranty, fine, and Con∣cord, the aforesaid W. and R. in the said Court have granted to the aforesaid H. M. the Man∣nors, Tenements, and rent aforesaid, and the aforesaid moyety of the aforesaid Mannor of E. and the aforesaid Tenements in E. aforesaid, with th' appurtenances, and those to them they have rendred in the said Court. To have to * 1.77 the said H. and the Heirs males of his body lawfully begotten. And if it happen the a∣foresaid

H. to die without heir male of his bo∣dy * 1.78 lawfully begotten; That then the afore∣said Mannors, Tenements, and rent, and the aforesaid moyety of the aforesaid Mannor of E. and the aforesaid Tenements in E. with the appurtenances, after the death of the a∣foresaid H. S. to R. S. son and heir appa∣rent of T. S. Esq; to R. S. son of E. S. to R. B. and E. B. for term of the life of I. S. brother of the aforesaid H. may remain: so that the Mannors, Tenements, and rent a∣foresaid, and the aforesaid moyety of the a∣foresaid Mannor of E. and the aforesaid Te∣nements in E. with the appurtenances, after the death of the aforesaid I. S. to the heirs males of the body of the aforesaid I. lawfully begotten, may remain. And if it happen the * 1.79 said I. S. to die without heir male of his body lawfully begotten, that then the Mannors, Tenements, and rent aforesaid, and the a∣foresaid moyety of the aforesaid Mannor of E. and the aforesaid Tenements in E. aforesaid, with the appurtenances to T. S. of S. Esq; and the heirs males of his body lawfully be∣gotten, may remain. And if it happen the aforesaid T. S. to die without heir male of his body lawfully begotten; That then the afore∣said Mannors, Tenements, and rent, and the aforesaid moyety of the said Mannor of E. and * 1.80 the aforesaid Tenements in E. aforesaid, with the appurtenances to T. S. son of I. S. and the heirs males of the body of the said T. S. son of the aforesaid G. lawfully begotten, may remain, &c. And if it happen the said G. to die, without heir male of his body lawfully

begotten, that then the Mannors, Tenements, and Rent aforesaid, and the aforesaid moyety of the said Mannor of E. and the Tenements aforesaid, in E. aforesaid, with the appurte∣nances, to the right heirs of the aforesaid H. S. may remain for ever.

A Fine knowledged before the Justices of Chester, by B. P. and E. his Wife, of a Mannor, &c. one Water-mill, one Dove-house, one Garden, two Orchards, &c. with war∣ranty.

COmmand B. P. and E. his Wife, that just∣ly, &c. they hold to I. S. Esq; the Cove∣nant between them made of the Manor of O. alias O. and of one Wind-mill, one Dove-house, one Garden, two Orchards, 100 acres of land, 60 acres of meadow, 200 acres of pa∣sture, 40 acres of wood, 100 acres of heath, 300 acres of Moor, 100 acres of Turbary, 50 acres of Marish, 30 acres of Land covered with water, with the appurtenancs in O. And un∣lesse, &c.

And the Concord is such, (to wit) that the aforesaid B. and E. have recognised the Man∣nor and Tenements aforesaid, with the appur∣tenances, to be the right of him the said I. And those they have remised and quite clai∣med, from themselves and their heirs to the a∣foresaid I. and his heirs for ever. And fur∣thermore, the aforesaid B. and E. have gran∣ted

for themselves and the heirs of the said B. that they will warrant the Mannors and Te∣nements * 1.81 aforesaid, with the appurtenances, to the aforesaid I. and his heirs, against the a∣foresaid B. and E. and the heirs of him the said B. for ever. And for this, &c.

A Fine knowledged by an Earl and his wife, of a Mannor, advowson, liberties, free warr••n, and free fishing, and a sould course for 2000 Sheep.

COmmand Thomas Earl of Sussex, & Fran. his Wife, that justly &c. they hold to Will. Curson Esquire, the Covenant between them made of the Mannor of B. with the ap∣purtenances, and of 80 Messuages, 80 Cotta∣ges, 10 Tofts, 100 Gardens, 60 Orchards, 400 acres of Land, 60 acres of Meadow, 200 acres of Pasture, 20 acres of Wood, 40 acres of Furies and Heath, 200 acres of Moor, 100 acres of Willows, 20 s. rent, with the appur∣tenances, in Billingsod, otherwise Billingforth; Bilowe, otherwise Bylingh, &c. Also of the ad∣vowson of the Church of Bilingford, and of the liberty of fold age for 2000 sheep, free War∣ren, and free fishing in B, &c. And unlesse, &c.

And the Concord is such, (to wit) that the aforesaid Earl and Frances, have recognised the aforesaid Mannor, Tenements, and rent, with the appurtenances, and the advowson,

liberty, free-warren, and free-fishing afore∣said, to be the right of him the said W. as those which the said W. hath by the gift of the aforesaid Earl and Fran. And those they have remised, and quite claimed, from them and their heirs for ever. And moreover, the said Earl and Fr. have granted, for themselves, and the heirs of him the said Earl, that they * 1.82 will warrant the Mannor, Tenements, and rent aforesaid, with the appurtenances, and the advowson, liberty, free warren, and free-fishing aforesaid, to the aforesaid W. and his heirs, against all men for ever. And for this, &c.

A Fine knowledged by the Husband and the Wife, and a third person, of certain acres of land, meadow, and wood, and the Husband and the Wife warrant the land to the Conusees, and to the heirs of one of them; and the same Conusees grant, and render again the land to E. wife of one of the Conusors, from Michaelmas past, for the term of 99 years, without impeach∣ment of wast; yielding a rent to the Conusees, and to the heirs and assigns of one of them; with a clause of distress for non-payment of the rent: and afterwards they grant the rent, and the re∣reversion of the lands in fee to one W. W.

COmmand W. Walgrave Esquire, E. his wife, and E. E. that justly, &c. they hold to

R. R. and T. G. the Covenant, &c: of two acresand a half of meadow, and; 70 acres of wood, with the appurtenances in E. And un∣lesse, &c.

And the Concord is such, (to wit,) that the aforesaid W. E. and E. have recognised the aforesaid Tenements, with the appurtenances, to be the right of him the said R. as those which the said R. and T. have by the gift of the aforesaid W. E. & E. And those they have remised, & quite claimed, from them the said W. and E. and their heires, to the aforesaid R. and T. and the heirs of the said R. for ever.

* 1.83And furthermore, the aforesaid W. and E. have granted, for themselves, and the heirs of the said W. that they will warrant to the a∣foresaid R. and T. and the heirs of him the said R. the aforesaid Tenements, with the ap∣purtenances, against all men for ever. And for this recognizance, &c. the aforesaid R. R. and T. G. have granted to the afore∣said E. the aforesaid Tenements, with the ap∣purtenances. And those to him they have ren∣red in the said Court. To have and to hold to the said E. from the Feast of St. Michael the Archangel now last past, untill the end and * 1.84 term of 99 years then next following, and ful∣ly to be compleat, without impeachment of any wast: Yielding therefore yearly to the a∣foresaid R. and T. and the heirs and assigns of the said R. during all the Term aforesaid, 60 s. and one penny of lawful money of Eng∣land, at the Feasts of the Annunciation of the * 1.85

blessed Virgin Mary, and St. Michael the Archangel, by even portions to be paid. And if it happen the aforesaid rent of 60 s. & 1 d. to be in arrear and unpaid, in part or in all, after any Feast of the Feasts aforesaid, in which, as aforesaid, it ought to be paid. That then it shall be lawfull for the aforesaid R. and R. and the heirs and assignes of the said R. into the Tenements aforesaid, with the * 1.86 appurtenances, to enter and distrain, and the distresses there so taken, to lead and bear away, and in their custody to retain, until of the aforesaid rent, together with the arrea∣rages thereof, (if any shall be) they shall be fully satisfied, contented, and paid. And * 1.87 moreover the said R. R. and T. G. have gran∣ted the aforesaid rent of the aforesaid 60 s. 1 d. and the reversion of the Tenements aforesaid with the appurtenances, to the aforesaid W. W. and his heirs for ever.

It hath been taken and acknowled∣ledged before me W. Bendlose. Serjeant at Law, at S. in the Pa∣rish of B. &c.

A Fine knowledged by two unto one, with warranty against all men.

* 1.88ANd the Concord is such, (to wit) that the aforesaid L. G. and T. B. have recogni∣sed the Tenements aforesaid, with the appur∣tenances, to be the right of him the said I. G. as those which the said I. hath by the gift of the aforesaid L. and T. and those they have remised and quite claimed from them the said L. G. and T. and their Heirs for ever. And furthermore the said L. G. and T. have gran∣ted for themselves and the Heirs of the said * 1.89 G. that they will warrant to the aforesaid I. and his Heirs, the Tenements aforesaid, with the appurtenances, against all men for ever. And for this, &c.

A Fine knowledged of two Messuages, and two Gardens, &c. by the Husband and the Wife, and divers others, to W. G. with several warranties.

COmmand R. F. and E. his Wife, and G. C. and B. his wife, that they keep with W. G. Gent. the Covenant &c. of 2 Messua∣ges, 2 Gardens, one Orchard, 30 acres of Land, 10 acres of Meadow, 40 acres of Pasture, and 16 s. rent, with the appurtenances in W. D. And unlesse, &c.

And the Concord is such, (to wit) that the aforesaid R. and E. G. and B. have recognised the Tenements aforesaid, with the appurtenances, to be the ••ight of the said W. as those which the said W. hath by the gift of the aforesaid R. and E. G. and B. And those they have remised and quite claimed for them the said R. and E. and the Heirs of the said G. E. and B. to the aforesaid W. and his Heirs for ever. And moreover, the * 1.90 said R. and E. have granted for themselves and the Heirs of the said E. that they will warrant the Tenements aforesaid, with the ap∣purtenances, to the aforesaid W. and his Heirs against all men for ever. And furthernore, * 1.91 the said G. and B. have granted for themselves, and the Heirs of the said B. that they will warrant the Tenements aforesaid, with the appurtenances to the aforesaid W. and his Heirs, against the aforesaid G. and B. and the Heirs of him the said B. for ever. And for this, &c.

A Fine knowledged of 4 Messuages, 1 Toft, 3 Barns, 3 Gardens, 3 Orchards, &c. to W. S. and N. W. with warran∣ty.

BEtween W. S. and N. W. Plantiffs, and O. B. and A. his wife Deforcients, of four Messuages, one Toft, three Barns, three Gardens, three Orchards, twenty acres of Meadow, six acres of Pasture, with the ap∣purtenances

in K. and B.

And the Concord is such (to wit) that the aforesaid O. and A. have recognised the Te∣nements aforesaid, with the appurtenances, to be the right of the said W. as those which the said W. and N. have by the gift of the afore∣said O. and A. And those they have remised and quite claimed from them the said O. and A. and the heirs of the said A. to the afore∣said W. and N. and the heirs of the said W. for ever. And furthermore, the said O. and A. have granted for themselves, and the heirs of the said A. that they will warrant to the a∣foresaid W. and N. and the heirs of the said W. the aforesaid tenements, with the appur∣tenances, against the aforesaid O. & A. & the heirs of the said A. for ever. And for this, &c.

A Fine knowledged by two Husbands, and their Wives, of two Messuages, and two Gardens, with several warranties.

COmmand G. F. and R. his Wife, A. I. and K. his Wife, that they hold to G. T. the Covenant, &c. of two Messuages, two Gardens, with the appurtenances, in K, &c. And unlesse, &c.

And the Concord is such, (to wi••) that the aforesaid G. and R. and A. and K. have re∣cognised the tenements aforesaid, with the appurtenances, to be the right of the said G. as those which the said I. hath by the gift of

the aforesaid G. and R. and A. K. & those they have remised and quite claimed, from them the said G. and R. and A. and K. and the heirs of the said R and K. to the aforesaid G. and his heirs, for ever. And furthermore the said G: and R. have granted, for themselves, and the heirs of the said R. that they will warrant to the aforesaid G. and his heirs, the aforesaid * 1.92 Tenements, with the appurtenances, against the aforesaid G. and R. and the heirs of the said R. And moreover, the said A. & K. have granted, for themselves, and the heirs of the said K. that they will warrant to the aforesaid G. and his heirs, the aforesaid Tenements, with the appurtenances, against the aforesaid A. and K. and the heirs of the said K. for e∣ver. And for this, &c.

Note, That Dyer, that was Chief Justice, saith, That if the women had been sisters, that then there needed not double waranty in form aforesaid, but single warranty is good asserts.

A Fine knowledged by the Husband and his Wife, to a man and his wife, of one Messu∣age, one Garden, one Orchard, one Barn, one Stable, one Wharf, &c. with warranty.

COmmand R. I. and H. his wife, that just∣ly, &c. they hold to A. I. and K. his wife, the Covenant, &c. of one Messuage, one Garden, one Orchard, one Barn, one Stable,

one Wharf, and one acre of Wood, with the appurtenances, in K. upon K. And un∣lesse, &c.

* 1.93And the Concord is such, (to wit) that the aforesaid R. and H. have recognised the Te∣nements aforesaid, with the appurtenances, to be the right of the said K. as those which the said A. and K. have by the gift of the afore∣said R. and H. And those they have remi∣sed and quite claimed, for them the said R. and H. and their heirs, to the aforesaid A. & K. and the heirs of the said K. for ever. And furthermore, the said R. and H. have granted, for themselves, and the heirs of the said H. that they will warrant to the aforesaid A. & K. & the heirs of the said K. the aforesaid Tenem. with the appurtenances, against the aforesaid R. and H. and the heirs of the said H. for e∣ver. And for this, &c.

A Fine knowledged by an Earl, and his Wife, to W. C. of a rent of 40 pounds, going out of divers Mannors, with warranty.

COmmand F. Earl of H. and Dame K. his wife, Countesse of H. that justly, and with∣out delay, they hold to W. C. Esq; the Cove∣nant, &c. of 40 l. rent, going out of the Man∣nors of B. S. &c. And unlesse, &c.

And the Concord is such, (to wit) that the aforesaid Earl and Countesse, have recognised the Rent aforesaid, with the appurtenances,

to be the right of him the said W. as those which the said W. hath by the gift of the aforesaid Earl and Countesse. And those they have remised and quite claimed from themselves, and their Heirs, to the afore∣said W. and his Heirs for ever. And moreo∣ver, the said Earl and Countesse do grant, for themselves, and the Heires of him the said * 1.94 Earl, that they will warrant the Rent afore∣said, with the appurtenances, to the afore∣said H. and his Heirs, against all men for ever. And for this, &c.

A Fine knowledged by the Husband and the Wife, and one R. D. to R. B. of one Mannor, &c. one Messuage called M, &c. with warranty; who grant and render the same a∣gain to R. D. one of the Conusors, for term of 21 years, to begin at a time to come, reserving a Rent; and afterwards the Conusees grant the reversion of the said Mannor, &c. and the re∣version to one of the Conusors and his wife, and to the heirs of the Husband, to hold of the chief Lords of the Fee.

COmmand I. F. and B. his Wife, and R. D. that justly, &c. they hold to R. B. the Covenant, &c. of the Mannor of C. and I. with the appurtenances, and of two Messuages, called B. 20 Messuages, 40. acres of Land, 100 acres of Meadow, 500 acres of Pasture, 200 acres of Wood, and 40 acres of Furrs and Heath, with the appurtenances in W. F. And unlesse, &c.

And the Concord is such (to wit) that the aforesaid I. B. and R. have recognised the aforesaid Mannors and Tenements, with the appurtenances, to be the right of him the said R. B. as those which the said R. hath by the gift of the aforesaid I. and B. and R. and those they have remised and quite claim∣ed from themselves and their Heirs to the a∣foresaid R. and his Heirs for ever. And fur∣thermore the said I. and B. have granted for themselves and the Heirs of him the said I. * 1.95 that they will warrant to the aforesaid R. and his Heirs, the aforesaid Mannors and Tene∣ments, with the appurtenances, against all men for ever. And for this, &c. the same R. hath granted to the aforesaid R. the aforesaid Mannors and Tenements, with the appurte∣nances, and those to him he hath rendred, &c. To have and to hold to the aforesaid R. from the Feast of St. Michael the Arch-angel, * 1.96 which shall be in the year of our Lord 1650. until the end of the Term of 21 years from thence next following, and fully to be com∣pleat. Yielding therefore yearly to the a∣foresaid R. and his Heirs, one yearly Rent of * 1.97 27 l. and 6 s. of lawfull money of England, at the Feast of Saint Michael the Arch-angel, and of the Annunciation of the blessed Vir∣gin Mary, by equal portions yearly to be paid, (the first payment thereof beginning at the Feast of St. Michael the Archangel, which shall be in the year of our Lord, 1651.)

* 1.98And if it happen that the aforesaid rent of 27 l. 6 s. to be in arrear, in part o•• in all, after any Feast of the Feasts aforesaid, in

which, as aforesaid, it ought to be paid: That then it shall be lawfull for the aforesaid R and his Heits, into the aforesaid Man∣nor and Tenements, with the appurtenances, to enter, and to Distrain, and the Distresses so thereupon taken and had, to lead, bear, and drive away, and in his custody to retain, until of the aforesaid Rent of 27. l. 6. s. with the arrerages thereof (if any shall be) he shall be fully satisfied and paid. Also the said * 1.99 R. hath granted to the aforesaid I. and B. the reversion of the Mannors and Tene∣ments aforesaid, with the appurtenances, and the aforesaid Rent above expressed and reser∣ved, and those to them he hath rendred, &c. To have and to hold, to the said I. and B. and the heirs of him the said I. of the Chief Lords of that Fee, by the services, &c.

A Fine knowledged by the Husband and wife, to one I. L. Esquire, of 2 Mannors &c. with warranty, in consideration the Co∣nusee granteth a rent to the Husband, and his wife, and to the heirs of the Husband.

COmmand R. P. and I. his Wife, that they hold to I. L. the Covenant, &c. of the Mannors of A. and W. with the appurtenan∣ces, and of 4 Messages, 6 Cottages, 1 Dove∣house, 200 acres of land, 40 acres of Mea∣dow. 300 acres of pasture, 20 acres of wood, 20 acres of furres and heath, with the appur∣tenances in W. and W. And unlesse, &c.

And the Concord is such (to wit) that the * 1.100 aforesaid R. P. and I. his wife, have recogni∣sed the Mannors, and Tenements aforesaid, with the appurtenances, to be the right of him the said I. as those which the said I. hath by the gift of the aforesaid R. P. and I. his wife. And those they have remised, &c. And fur∣thermore, &c. And for this, &c. the same I. L. hath granted to the aforesaid R. and I. his wife, and the heirs of the aforesaid I. the an∣nual rent of 30 l. to be paid at two accusto∣med * 1.101 Terms of the year (that is to say) at the Feast of St. Michael the Archangel, and of the Annunciation of the blessed Virgin Mary, by equal portions, the first payment thereof beginning at the Feast of St. Michael the Arch∣angel, or of the Annunciation of the blessed Virgin Mary, which shall next happen after the death of the aforesaid L. and C. being his now wife, or any other which afterwards shall * 1.102 happen to be his wife. And if it happen the aforesaid yearly rent of 30 l. to be behind and unpaid, in part, or in all, by the space of, &c. after any Feast of the Feasts aforesaid. wherein, as aforesaid, it ought to be paid, if it be lawfully demanded, that then, &c.

A Fine knowledged by the Husband and the wife, to H. C. of the third part of a rent issuing out of a Mannor, with a warranty against all men.

COmmand R. and I. his wife, that justly, &c. they hold to H. C. the Covenant, &c. of the third part of 5 l. 6 s. 8 d. rent with the appurtenances issuing out of the Mannor of K. And unlesse, &c.

* 1.103And the Concord is such (to wit) that the aforesaid R. and I. have recognised the third part of the rent aforesaid, with the appurte∣nances, to be the right of him the said H. as those which the same H. hath by the gift of the aforesaid R. and I. And those they have re∣mised and quite-claimed from themselves, and the heirs of him the said I. to the afore∣said H. and his heirs for ever. And further∣more the same R. and I. have granted for themselves and the heirs of him the said I. that they will warrant to the aforesaid H. and his heirs, the aforesaid third part of the rent, with the appurtenances, against all men for ever. And for this, &c.

A Fine knowledged by the Husband and his wife to one T. H. of the third part of 34 acres of Meadow, by these words, viz. con∣cesserunt & reddiderunt. &c. during the wives life; with warranty also during her life.

COmmand H. P. and M. his wife, that they hold to T. H. the Covenant &c. of the third part of 34 acres of Meadow, 44 acres of Pasture, and 6 acres of wood, with the ap∣purtenances in S. And unlesse, &c.

* 1.104And the Concord is such (to wit) that the aforesaid H. and M. have granted and ren∣dred the tenements aforesaid, with the appur∣tenances, to the aforesaid T. and his heirs, during the life of her the said M. And the a∣foresaid H. and M. will warrant the tene∣ments aforesaid, with the appurtenances, to the aforesaid T. and his heirs, during all the life of her the said M. And for this &c.

A Fine knowledged by V. K. knight to I S. knight, E. G. the Queens Atturney gene∣ral, and others, of two Manners, 70 Messua∣ges and Cottages, &c. which the Lady V wid∣dow hath for her life, of the inheritance of the Conusor, the day of the Concord made, and of∣ter her death is to revert to the Conusor, the which by this sine, after the death of the said Lady V. is wholly to remain to all the Conusees

in the fine, and to the heirs of the said I. S. knight, the first of the Conusees in the laid fine; with warranty against all men.

* 1.105COmmand V. K. Knight, that he hold to I. S. knight, E. G. our Atturney general R. W. Esq; and W. R. Gent. the Covenants, &c. of the Mannors of H. otherwise of the Prior H. and M. otherwise Prior M. of 70 Messuages and Cottages.

* 1.106And the Concord is such (to wit) that the aforesaid V. hath recognised the Mannors, Tenements, and rent aforesaid, with the ap∣purtenances, to be the right of him the said S. And hath granted for himself and his heirs, that the Mannors Tenements and Rent a∣foresaid, with the appurtenances, which Dame V. K. widdow, holdeth for term of her life, of the inheritance of the aforesaid V. the day that this Concord was made. And that after the decease of the same Dame V. unto the aforesaid V. and his heirs ought to revert, which after the decease of him the said I. S. to dame V. shall wholly remain, to the aforesaid J. E. R. and W. and the heirs of him the said I. S. for ever. And furthermore the said W. hath granted, for himself, and his heirs, that he will war∣rant * 1.107 the Mannors, Tenements, and rent a∣foresaid, with the appurtenances, to the afore∣said I. E. R. and W. and the heirs of him the said I. S. against all men for ever. And for this recognisance, &c.

A Fine knowledged by a Widdow, and another, to the President and Scholars of Saint Johns Colledge in Oxon, of the Scite and prin∣cipal house of the Colledge, commonly called, the White Friers, in the suburbs of Oxon; and 6 Messuages, 6 Gardens, 6 Orchards, &c. also in the same Suburbs, with warranty.

* 1.108COmmand I. P. Widdow, and E. P. Gent. that justly, &c. they hold to W. E. Pre∣sident of the Colledge of St. John the Baptist, in the University of Oxford, and the Scholars of the same Colledge, the Covenant of the Scite and principal house of the Colledge, commonly called The white Friers, in the Sub∣urbs of the City of Oxford, with the appurte∣nances, and of 6 Messuages, 6 Gardens, 6 Or∣chards, 20 acres of Land, 20 acres of Meadow, and 6 acres of pasture, with the appurtenan∣ces in the Suburbs of the City aforesaid. And unlesse, &c.

And the Concord is such, (to wit) that the aforesaid I. and E. have recognised the Tene∣ments aforesaid, with the appurtenances, to be the right of him the said President and Scholars, as those which the same President and Scholars have, by the gift of the aforesaid I. and E. And those they have remised and quite claimed, from themselves, and the heirs of him the said E. to the aforesaid President & Scholars, and their Successors, for ever. And moreover, the same I. and E. have granted for

themselves and their heirs, that they will war∣rant to the aforesaid President and Scholars, * 1.109 and their Successors, the tenements aforesaid, with the appurtenances, against the aforesaid I. and E. and the heirs of him the said E. for ever. And for this, &c.

A Fine by two, and the Wife of one of them, of Lands, Meadow, and Pasture, with warranty against the conusors, and the heirs of the Husband.

* 1.110COmmand R. B. Gent. T. R. and M. his Wife, that they hold to T. B. Gent. the Covenant, &c. of 30 acres of Land, 2 acres of meadow, 3 acres of pasture, and 6 acres of wood, with the appurtenances, in C. And unlesse, &c.

* 1.111And the Concord is such, (to wit) that the aforesaid R. T. & M. have recognised the Te∣nements aforesaid with the appurtenances, to be the right of him the said T. B. as those which the same T. hath by the gift of the a∣foresaid R. T. and M. And those they have remised and quite claimed from them the said R. T. and M. & the Heirs of him the said R. to the aforesaid T. B. and his Heirs for ever. And furthermore, the same R. T. and M. have granted for themselves, and the Heirs of him the said R. that they will warrant the Tenements aforesaid, with the appurte∣nances, to the aforesaid T. B. and his heirs, a∣gainst the aforesaid R. T. and M. and the

heirs of him the said R. for ever And for this &c.

A Fine knowledged by T. N. Knight, to G. T. Esquire, of one Mannor, one Messuage, &c. with warranty a∣gainst all men.

* 1.112COmmand T. N. Knight, that justly, &c. he hold to G. T. Esquire, the Covenant, &c. of the Mannor of T. with the appurtenan∣ces, and of one Messuage, ten acres of Mea∣dow, fifty acres of Pasture, and thirty acres of wood, with the appurtenances in T. and G. And unlesse, &c.

* 1.113And the Concord is such, (to wit) that the aforesaid T. N. hath recognised the Mannor and Tenements, with the appurtenances, to be the right of him the said G. as those which the same G hath by the gift of the aforesaid T. and those he hath remised and quite claim∣ed from himself and his heirs, to the aforesaid G. and his Heirs for ever. And furthermore, the same T. hath granted, for himself and his Heirs, that they will warrant the Mannor and Tenements aforesaid, with the appurtenances, against all men for ever. And for this, &c.

A Fine knowledged by T. VV. and K. his wife, to G. S. of the third part, of 8 Messu∣ages, 6 Gardens, &c. the which one M. B. Widdow holdeth for term of her life, and which is of the inheritance of the Conusors wife, the day of the Concord made, and which ought after the death of the said widdow, to revert unto the Conusor and his wife, as in the right of his wife: and by this fine after the death of the said widdow, being tenant for life, is to come and remain to the said Conusee and his heirs for ever, with warranty against all men.

COmmand T. W. and K. his wife, that justly &c. they hold to G. S. the Co∣venant between them made of the third part of 8 Messuages, 6 Gardens, 6 acres of land, 10 acres of meadow, 20 acres of pasture, 50 acres of wood, with the appurtenances, in A. B. &c. C. &c.

* 1.114And the Concord is such (to wit) that the foresaid T. and K. have recognised the Third part aforesaid, with the appurtenances, to be the right of the aforesaid G. and they have granted, that the same third part, with the appurtenances, which M. B. Widdow hold∣eth for term of her life, of the inheritance of the said K. the day that this Concord was made, and which after the death of the said M. unto them the said T. and K. ought to re∣vert, to remain to the aforesaid G. and his

heirs for ever. To hold, &c. And moreover the same T. and K. have granted for them∣selves, and the heirs of her the said K. that they will warrant to the aforesaid G. and his heirs, the third part aforesaid, with the appurtenan∣ces * 1.115 (as aforesaid) against all men for ever. And for this, &c.

A Fine knowledged by the Husband and the VVife, to one I. I. of 9 Messuages, &c. with warranty against all men.

* 1.116COmmand E. P. Gent. and E. his Wife, that justly, &c. they hold to I. L. the Co∣venant between them made, of 9 Messuages, 9 Gardens, 300 acres of Land, 100 acres of Meadow, 100 acres of Pasture, 20 acres of wood, 100 acres of Furrs and Heath, &c. And of the moyety of 20 Messuages, 20 Gardens, one Water-mill, one Dove-house, 60 acres of Land, 200 acres of Meadow, 300 acres of pa∣sture, 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 a∣foresaid Tenements, and moyety, with the ap∣purtenances, 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 them∣selves, and the heirs of her the said E. that they will warrant to the aforesaid I. L. and his heirs, the aforesaid Tenements, and moye∣ty, 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 di∣vers, 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 De∣dimus 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 pre∣mises 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 Co∣nusors, 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.

* 1.117And the Concord is such (to wit) that the aforesaid W. D. and I. D. have recognised the tenements aforesaid, with the appurte∣nances, 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 afore∣said 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 * 1.118 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 Te∣nements, with the appurtenances, shall whol∣ly remain to one M. G. To have and to hold to the said M. to hold of the chief, &c. du∣ring the life of the said M. and after the de∣cease 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 Mes∣suages, &c. with warranty against all men.

THis is the final Concord made in the Court, &c. at, &c. the day, in the * 1.119 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 tene∣ments 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 e∣ver. 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 Justi∣ces of the Common pleas at Westminster, &c. with warranty against all men.

* 1.120THis 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 o∣ther 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 afore∣said 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 e∣ver. 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 appur∣tenances 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 a∣gainst the Conusor and his heirs.

COmmand R H. of P. Esquire, that just∣ly, &c. he hold to R. B. R. H. &c. the Cove∣nant 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 Moor and Marish, with the appurtenances in J. alias. I. W. and N. And unlesse, &c.

And the Concord is such (to wit) that the aforesaid R. H. hath recognised the Mannors and Tenements aforesaid with the appurte∣nances, to be the right of the aforesaid R. B. as those which the said R. &c. have by the gift of the said R. H. And those he hath remised and quit claimed from him the said R. and his heirs, to the aforesaid R. &c. and the heirs of him the said R. B. for ever. And further∣more

the same R. H. hath granted, for him∣self and his Heirs, that he will warrant the * 1.121 Mannors and Tenements aforesaid, with the appurtenances, to the aforesaid R. &c. and the heirs of him the said R. for ever. And for this, &c.

This is the Fine as it is ingrossed of Re∣cord, whercof the Fine next before is but the Note.

THis is the final Concord made in the Court of the Lord Protector, at &c. (tali die) &c. in the year, &c. before I. T. Esq; Justice of the said Lord Protector of Chester, at Che∣ster, and other faithfull, &c. then there pre∣sent. Between R. B. R. H. and H. H. Plain∣tiffs, and R. H. of P. Esq; Deforcient of the Mannor of I. with the appurtenances, and of, &c. whereof plea of Covenant was summoned between them in the same Court, to wit, that R. H. hath recognised the Mannors and Te∣nements aforesaid, with the appurtenances, to be the right of the aforesaid R. B. as those which the same R. R. and H. have by the gift of him the said R. H. And those he hath remi∣sed, and quite claimed from him the said R. and his Heirs, to the aforesaid R. &c. and the Heirs of the said R. B. And turthermore, the same R. H. hath granted, for himself and his Heirs, that he will warrant the Mannor and Tenements aforesaid, with the appurtenances, to the aforesaid R. B. and H. and the Heirs

of him the said R. B. for ever. And for this Recognisance, Warranty, Fine, and Concord, the same R. &c. have given to the aforesaid R. H. 100 pounds of silver.

The nine Proclamations of the Fine next before made, according to the Statue of 2 Ed. 6. made for Fines, with Proclamations within the County Palatine of Chester.

* 1.122THe first Proclamation was made on Wed∣nesday in that same Sessions. The second Proclamation was made Thursday in the very same Session. The third Proclamation was made in full Sessions here, at &c. holden the day, &c. in the year, &c. Et sic de caeteris, &c.

* 1.123Three Proclamations in every Sessions.

A Fine knowledged by A. B. to T. F. and G. H. of a Mannor, with warranty a∣gainst all men: and the Conusees in the same Fine, grant and render again the said Mannor to the said A. B. for one week, and afterwards to N. M. for 21 years, to begin after the Feast of St. Martin the Bishop in winter, reserving a red Rose at Midsummer, if it be asked. And after the end of the said Term of 21 years, the said Mannor, &c: wholly to remain to the said A. B. the Conusors, and his heirs for ever.

COmmand A. B. that justly, &c. he hold to T. F. and G. H. the Covenant of the Mannor, &c.

* 1.124And the Concord is such, (to wit) that the aforesaid A. hath recognised the Tene∣ment aforesaid, with the appurtenances, to be the right of him the said T. as those which the same T. and G. have by the gift of the afore∣said A. And those he hath remised and quite claimed, from himself and his heirs, to the aforesaid G. and his heirs for ever. And furthermore, the same A. hath granted, for himself, and his heirs, that he will warrant the Tenements aforesaid, with th'appurtenances, to the aforesaid T. & G. & the heirs of him the said T. against all men for ever. And for this, &c. the said T. and G. have granted, and in the same Court rendred the Tenements aforesaid, with the appurtenances, to the aforesaid A. * 1.125 for one week. And after that Term ended, the Tenements aforesaid, with the appurte∣nances, shall wholly remain to N. M. and his assigns, for the term of 21 years, after the Feast of S. Mart. the Bp. in winter next to come, im∣mediatly following, and fully to be compleat, Yielding therefore yearly to the aforesaid T. & G. and the heirs of him the said T. during all Term aforesaid, one red Rose, at the Feast * 1.126 of the Nativity of S. John the Baptist, if it be asked. And after that Term ended, the Te∣nements * 1.127 aforesaid, with the appurtenances, shall wholly remain to the aforesaid A. and his heirs for ever, &c.

A Fine knowledged by R. B. of two Messuages, &c. to I. A. with warranty against all men: and the Conusee granteth the premises again to the Conusor for one week, and after∣wards to one W. B. for life, reserving a rent, and afterwards to the Conusor for his life, and after to S. B. his wife for her life, and after to J. B. son of the Conusor, and his wife, for life: and afterwards the said Conusee granteth the reversion of the premises and the rent, to the said R. B. the Conusor, and his heirs, for ever.

COmmand R. B. Gent: that justly, &c. he hold to I. A. the Covenant, &c. of two Messuages, &c. And unlesse, &c.

* 1.128And the Concord is such (to wit) that the aforesaid R. hath recognised the Tenements aforesaid, with the appurtenances, to be the right of him the said I. A. as those which the same I. hath by the gift of the aforesaid R. B. and those he hath remised and quite claim∣ed from himself and his Heirs, to the aforesaid I. and his Heirs for ever. And furthermore▪ the same R. B. hath granted for himself and his Heirs, that he will warrant the Tene∣ments aforesaid, with the appurtenances, to the aforesaid I. A. and his heirs, against all men for ever. And for this recognisance &c. the same I. hath granted to the aforesaid R. B. &c. and those to him he hath rendred in the * 1.129 same Court. To have and to hold the Tene∣ments

aforesaid, with the appurtenances, to the aforesaid A. R. B. for term of one week: and after that term ended, the remainder to W. B. for term of the life of him the said W. B. Yielding therefore by the year to the a∣foresaid * 1.130 I. A. and his Heirs 40 l. at 4 Terms of the year, viz. at, &c. by equal portions to be paid. And after the decease of him the said R. B. the remainder thereof to S. B. wife of the aforesaid R. for term of the life of her the said S. Yielding (ut supra.) And after the decease of her the said S. B. the remain∣der thereof to I. B. son of the aforesaid R. for term of his life. Yielding therefore, ut supra. And also, the aforesaid I. A. hath granted to the aforesaid R. B. the reversion and rent of the Tenements aforesaid, with the appurte∣nances, and those to him he hath rendred in the same Court. To have and to hold the re∣version * 1.131 and rent of the Tenements aforesaid, with the appurtenances, to the same R. S. and his heirs for ever: To hold of the chief Lords of the Fee, &c.

A Fine of Rent issuing out of 6 Mes∣suages, and 6 Gardens, with warranty against all men.

COmmand W. A. and A. his wife, that justly, &c. they hold to R. B. the Covenant, of one annual rent of 5 l. issuing out of and in 6 Messuages, and 6 Gardens, with the appurte∣nances in L. And unlesse, &c.

And the Concord is such, (to wit) that the aforesaid R. hath recognised the Mannors a∣foresaid, with the appurtenances, to be the right of him the said H. as those which the same H. hath by the gift of the aforesaid R. and those he hath remised and quite claimed, from himself and his heirs for ever. And the aforesaid R. hath granted, for himself, and the heirs of him the said W. that they will warrant the rent aforesaid, with the appurte∣nances, to the aforesaid R. B. and his heirs, for ever, against all men. And for this, &c.

A Fine knowledged by K. L: of a Man∣nor, &c. to H. G. with warranty against all men; In consideration whereof, the Conusee by the same fine granteth to the Conusor & his heirs one an∣nuity of 8l. issuing out of the same Mannor, to be paid yearly at the Mansion house of the said Co∣nusor, at a certain day and hour; imposing a pain of 18. s. to be forfeited, in default of payment of the said Annuity; with a clause of distresse for the said Annuity and rent.

COmmand R. L. that justly, &c. he hold to H. C. the Covenant, &c. of the Man∣nor, in O. &c. And unlesse, &c.

And the Concord is such (to wit) that the aforesaid R. hath recognised the Mannor and Tenement aforesaid, with the appurtenances, to be the right of him the said H. as those which the same H. hath by the gift of the a∣foresaid

R. and those he hath remised and quite claimed, from himself and his heirs, for ever. And furthermore, the same R. hath granted, for himself and his heirs, that he will warrant the Mannor aforesaid, with * 1.132 the appurtenances, to the aforesaid H. and his Heires against all men for ever. And for this, &c. the aforesaid H. hath gran∣ted to the aforesaid R. one annuity or yearly * 1.133 rent of 8 l. of lawfull money of England, issu∣ing and to issue, out of and in the Mannor a∣foresaid, with the appurtenances, and that to him he hath rendred in the same Court; * 1.134 To have and perceive the aforesaid annuity or yearly rent of 8 l. to the aforesaid R. his heirs and assigns on the 8th day of September, be∣tween the ninth & twelfth hour before noon∣tide of the same day, at his Mansion house in the Town of R. in the County of S. to be paid. And if it happen the aforesaid annuity or yearly rent of 8 l. to be in arrear and un∣paid, * 1.135 in part or in all, by the space of twenty dayes after the aforesaid eighth day of Septem∣ber, in which as aforesaid, it ought to be paid; That then the aforesaid H. and his heirs, shall forfeit to the same R. and his heirs, 18 s. of lawfull money of England, nomine poene, so of∣ten as the aforesaid annuity or yearly rent, or any part thereof, shall happen to be in arrear. And it shall be lawfull for the aforesaid R. and his heirs, into the aforesaid Mannor, with the appurtenances, and into every parcel thereof to enter, and to distrain, as well for the aforesaid annual rent of 8 l. and for every parcel thereof, as for the aforesaid 18 s. nomine

poene, to the said R. and his heirs forfeited, so often as it shall so happen to be in arrear, and unpaid; and the distresses so there taken and had, it may be lawfull to lead, bear and drive away, and in his custody to retain, until aswell of the aforesaid annuity or yearly rent of 8 l. as of the aforesaid 18 s. nomine poene, as often as it shall be forfeited, the said R. and his heirs, shall be satisfied and paid.

A Fine knowledged by A. B. Esquire of 2 Messuages, &c. to S. H. in tail general, to hold of the Conusor, and his heirs by the XL. part of a Knights Fee, and 15 s. 4 d. rent, with warranty against all men.

COmmand A. B. Esquire, that justly, &c. he hold to S. H. the Covenant of two Mes∣suages, &c. with the appurtenances in M. And unlesse, &c.

* 1.136And the Concord is such, (to wit) that the aforesaid A. B. hath granted the Tenements a∣foresaid, with the apurtenances, to the afore∣said S. and the heirs of the body of him the said S. lawfully begotten. To hold of the L. A. and his heirs, by the fortieth part of a Knights fee, and by the rent of 15 s, 4 d. by the year, * 1.137 at the Feast, &c. yearly to be paid. And furthermore, the aforesaid A. hath granted for himself and his heirs, that he will warrant the Tenements aforesaid, with the appurtenances, * 1.138 to the aforesaid S. and the heirs of his body lawfully begotten, as aforesaid, against all

men for ever. And for this, &c.

A Fine knowledged by A. B. and M. his Wife, of a Mannor, &c. to S. P. reciting that where the said Conusors hold the said Man∣nor for the life of the said M. the reversion thereof to the said Conusee and his heirs belong∣ing. The said Conusors grant to the Conusee all that their estate in the said Mannor, during the life of M: one of the Conusors, with warran••y against them during the life of the said M.

COmmand A. B. and M. his wife, that just∣ly, &c. they hold to S: P. the Covenant &c. of a Mannor, &c. And unlesse, &c.

And the Concord is such, (to wit) That whereas the aforesaid A. & M. have and hold, for term of the life of her the said M. the Man∣nor aforesaid, &c. with the appurtenances (the reversion thereof to the aforesaid S. P. and his heirs belonging, the same A. & M. have granted to the aforesaid S. the Mannor aforesaid, with the appurtenances, and all and whatsoever in the Mannor aforesaid, &c. they have, to the same S. during the life of her the said M. And the aforesaid A. and M. will warrant to the aforesaid S. the Mannor, &c. with the appur∣tenances as aforesaid, against the aforesaid A. and M. during the life of her the said M. And for this, &c.

A Fine knowledged by J. C. and T. his Wife, of 2 Messuages, 1 Barn, &c. to one H. P. with warranty: and the said H. P: in consideration of the said Fine, granteth and ren∣dreth again by the same Fine, the premisses to the Conusors for one day, and afterwards to I. P. widdow, for her life, and after her death, the premisses wholly to remain to H. P. and his heirs for ever.

COmmand I. C. and T. his wife, that just∣ly, &c. they hold to H. the Covenant, &c. of two Messuages, one Barn, &c. And un∣lesse, &c.

* 1.139And the Concord is such (to wit) that the aforesaid I. and T. have recognised the Te∣nements aforesaid, with the appurtenances, to be the right of him the said H. as those which the same H. hath by the gift of the afore∣said I. and T. And those they have remised, and quite claimed, from themselves and their heirs, to the aforesaid H. and his heirs for ever. And furthermore, the aforesaid I. and T. have granted for themselves, and the heirs of him the said I. that they will warrant the tenements aforesaid, with the appurtenan∣ces, to the aforesaid H. and his heirs, against all men for ever. And for this recogni∣sance, &c. the aforesaid H. hath granted the tenements aforesaid, with the appurtenances, * 1.140 to the aforesaid I. and T. And those to them he hath rendred in the same Court. To

have and to hold to the same I. and T. for term of one day; so that after the said Term ended, the tenements aforesaid, with the ap∣purtenances, shall wholly remain to I. P. wid∣dow, for term of the life of the same I. And after the death of the aforesaid I. the Messua∣ges and Barn aforesaid, &c. shall wholly re∣main to H. P. and his Heirs for ever. To hold of the chief Lords of that Fee, &c. and 5 a∣cres of land, and one acre of meadow, with the appurtenances, being residue of the te∣nements aforesaid, shall wholly remain to A. B. and his heirs for ever. To hold, &c.

The taking of the knowledge of the Fine.

TAken and recognised before James D. Knight, chief Justice of the Common bench, in the year, &c.

Notes to be observed in Fines.

• 1. Note that there be some more things passe in the Praecipe, which are not named in the Concord.
• 2. Note that a Cause of re-entry may not be in a Fine.
• 3. Note that if a man purchase divers par∣cels of Land of divers men, he shall have all the parcels passe in one common fine,

• but he must have severall warranties of e∣very one of the parties for their several parcels.
• 4. Note that Catlin, Chief Justice of the Up∣per Bench, said, that South nosme de bois haut bois et Subbois passera en un fine.
• 5. Note that by Dyer a render cannot be made, but only to him that is named in the Fine: but a remainder may be limited to one by a Fine, though he be not named in the Praecipe.

A Fine knowledged by the Husband and wife unto two, of 30 Messuages, &c. the Cognisees render the same again to the said Co∣nusors for term of their two lives; with divers remainders over after their deaths in ge∣neral tail to the Children of the said Conusors, and for default of issue of the said Conusors to the right heirs of the wife of the Conusor for e∣ver.

THis is the final Concord made in the Court of, &c. (such a return, & tali Anno) be∣fore R. B. A. F. T. E. and W. S. Justices, And afterwards in 8 dayes of the Holy Trini∣ty, in the year, &c. there granted and record∣ed before the same Justices, and other of the faithfull of the Commonwealth of England then there present, Between W. H. and I. R. Plaintiffs, and I. C. and T. his wife Deforci∣ents, of 30 Messuages, 200 acres of Land, 300 acres of Pasture, 10 acres of Wood, 200 acres

of ling and heath, and 30 s. rent, with the appurtenances in P. F. &c. whereof plea of Covenant was summoned between them in the same Court; to wit, that the aforesaid I. C. and T. have recognized the aforesaid Te∣nements, with the appurtenances to be the right of him the said I. R. as those which the same I. and W. have by the gift of the afore∣said I. C. and T. And those they have re∣mised, and quite claimed, from them the said I. C. and T. and the heires of him the said T. to the aforesaid W. and I. R. for e∣ver. And furthermore the said I. C. and T. * 1.141 have granted for themselves and the heirs of him the said T. that they will warrant to the aforesaid W. and I. R. and the heirs of him said I: R. the aforesaid Tenements, with the appurtenances, against all men for ever. And for this recognisance, remise, quite claim, warranty, fine, and Concord, the same W. and I. R. have granted to the aforesaid I. C. and T. the aforesaid Tenements, with the appur∣tenances. And those to them they have rende∣red * 1.142 in the same Court. To have and to hold to the same I. C. & T. of the chief Lords of that Fee, by the Services which unto the aforesaid Tenements do belong, all the life-time of the said I. C. and T. and the longer liver of ei∣ther of them. And after the decease of the said I. C. & T. the aforesaid tenements, with the appurtenances shall wholly remain to I. C. sonne of the aforesaid I. C. and T. and the heirs of his body lawfully begotten; To hold of the chief Lords of that fee, by the ser∣vices which unto the aforesaid Tenements do

belong for ever. And if it happen that the said J. C. the Son shall die without heir of his body lawfully begotten, then after the de∣cease of him the said J. the aforesaid Tene∣ments, with the appurtenances, shall wholly remain to R. C. one other Son of the afore∣said J. C. the Father, and T. and to the heirs of his body lawfully begotten. To hold of the chief Lords of the Fee, by the services which un∣to the aforesaid Tenements do belong for ever. And if it happen the said R. to die without heir of his body lawfully begotten; then after the decease of him the said R. the aforesaid tenements, with the appurtenances, wholly to remain to the heirs of the bodies of the afore∣said J. C. the Father, and T. lawfully begot∣ten. To hold of the chief Lords of that Fee, by the services which unto the aforesaid Te∣nements do belong for ever. And if no heir of the bodies of the aforesaid J. C. the Father, and T. shall be lawfully begotten, then the aforesaid Tenements, with the appurtenances, shall wholly remain to the right heirs of the aforesaid T. To hold of the chief Lords of that Fee, by the services which unto the a∣foresaid Tenements do belong for ever.

Adjuncts of Concords.

THe adjuncts of a Concord be of two sorts, Internal & External; Internal be such as be contained within the very Concord it self,

of which sort be the clause of reservation, of the Services, Rent, or other thing, the clause * 1.143 of Nomine poene, the clause of Distresse, and the clause of Warranty: All which clauses of Re∣servation, Nomine poene, Distresse, and War∣ranty, are to be made in such words, and in such formes, as the like are made in Instru∣ments extrajudicial.

* 1.144And warranties be sometimes general, that is to say against all men; some against all, except certain persons; some against certain persons only; some against every Cognisor and his heirs severally; and some against one of the Cognisors and his heirs only; some of all the lands in Fine; some of all, except part, and some of part only, certainly expressed.

* 1.145 The External adjuncts of Concords be the licence of alienation, the Dedimus potestatem, the examination of the parties, and the cog∣nisance. The licence of Alienation is a power or authority given by the King now by the L. Prot. to the parties, that lands may be aliena∣ted without incurring the danger of contempt.

And every such licence is either to alien lands holden in Capite, or to alien lands into mortmain.

The license of alienation of lands holden in Capite, may vary from the Fine and be good, 32 H. 8. Br Alienation 4. 30.

* 1.146For the obtaining of which licence, the Clark of the licences doth use to draw a Doc∣ket in paper, containing the effect of the Fine, Feoffment or other Deeds, whereby the alie∣nation is to be made.

* 1.147And thereupon affidavit or composition

must be made for the value of the lands which are to passe thereby, which is to be signed by the Doctor of the Chancery, that hath power to take Oath: Then the Kings Fine is to be paid to the receiver of Fines, who will sign the Docket. And after the same is to be signed by two of the Commissioners of the Office of of Fines and Licences; and upon that Docket the Clerk of the Licences is to make the Li∣cence, and get it sealed with the great Seal: which licence is to be made in form follow∣ing.

OLiver, &c. To all to whom these present Letters shall come, greeting: Know ye, that we of our special grace, and for 3 pounds to us paid in our treasury, have granted and g••ven licence, and by these presents do grant and give licence for us and our heirs, as much as in us is, to our beloved friend J. F. that he all the Moyety of the Mannor of C. with the appurtenances, and 40 Messuages, 20 Cottages, 40 Gardens, 50 acres of Land, 40 acres of Meadow, 300 acres of pasture, 30 acres of wood, 300 acres of Moor, and twenty pounds rent, with the appurtenances in W. and elsewhere in our County of N. to the said moyety appertaining, or belonging, parcel thereof being reputed or accepted as they are held of us in Capite, may give grant, alien, sell, bargain, enfeoffe, warrant, or knowledge by sine in our Court, before our Justices of the Common Bench, or otherwise, or by any mean whatsoever, to our beloved friend E. R. To have and to hold to the same E. his

heirs and assigns of us and our heirs, by the service aforesaid, for ever, as aforesaid, by the tenor of these presents; we have likewise gi∣ven licence, and do give special licence, un∣willing that the aforesaid I. or his heirs, or the aforesaid E. or his assigns aforesaid, by rea∣son of the premises, by us, our heirs or suc∣cessors, Justices, Escheators, Sheriffs, Bay∣liffs, or other our Officers, or Ministers who∣soever, of our heirs or successors thereof, should be occasioned, molested, disturbed, vexed or grieved in any thing, or any of them should be occasioned, molested, disturbed, vexed or granted in any thing. In testimony of which thing these our Letters Patents, we have caused to be made. Witnesse my self at West∣minster the last day, &c.

A licence to alien in Mortmain.

OLiver, &c. To all, &c. know ye that we of our special grace, and for 40 s. to us paid in our treasury, have granted and given licence, and doe give licence for us and our heirs, as much as in us is, to R. S. that he the advowson of L. to the Abbot and Co∣vent of L. in the County of E. may give and grant. To hold to them and their successors of the said soveraign Lord and his heirs, in free, pure, and perpetual free alms for ever. And to the same Abbot and Covent, that they the advowson from the aforesaid R. S. may receive, and appropriate that Church;

and that so appropriated may to their own u∣ses hold to themselves and their successors of the said Lord Protector and his heirs, in free, pure, and perpetual free almes for ever. Nil∣ling, &c. Ut supra.

Quod permittat finem levari

ANd after that such licence is had, the use was (which is not now in use) to have a writ mentioning the licence and the ef∣fect of the Fine directed to the Justices of the Common place, commanding them, that they print the Fine so levied, Register, f. 176. a. 1. E. 3. ca. 12. 34 E. 3. ca. 15. 33 H. 6. f. 2. The form of which writ succeedeth.

REx, To his Justices of the Bench, gree∣ting, Whereas by our Letters, Patents of our special grace, we have granted to I. S. that he of his Mannors of F. and W. with the appurtenances, which are held of us in Capite, may infeoffe to K. &c. (reciting the whole Charter) as in our Letters aforesaid more fully it is contained, and our Writ of Co∣venant hangeth before you in the Bench a∣foresaid, between the aforesaid I. and K. of the Mannors aforesaid, to levy a Fine thereof be∣tween them, according to the Law and Custom of our Kingdom of England, as we have been informed: we command you that that Fine between the parties aforesaid, of the Mannors aforesaid, before you in the same

Bench to be levied ye permit, according to the tenour of our Letters aforesaid. Witness &c.

But before the 20 H. 3. the Kings tenant in Capite might have aliened his free lands with∣out licence, 14 H. 4. 3. 20. Ass. P••ac. 17. as it seeemeth.

The Writ of ad quod damnum.

BUt before the granting of any such licence, either to alien Lands holden in chief, or to alien lands in Mortmaine, or release right in Mortmain, or exchange, the ancient use was to have a writ ad quod damnum, contei∣ning the substance of the Kings licence out of the Chancery, directed to the Escheator in the County wherein the Lands lye, to be a∣liened, to enquire and certifie into the Chan∣cery, what damage or prejudice the aliena∣tion thereof will be to the King, or the o∣ther chief Lord, of whom they are holden. And of what tenure and value the Lands be. And whether there remains sufficient free∣lands, besides those to the Alienor, to sustain publick charges, and to be in Assizes and Ju∣ries, &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 dam∣num, hath been used, before the King made any grant or pardon for alienation, lease, re∣lease,

confirmation or licence, and after the Inquisition returned and certified into the Chancery, to effect the same accordingly, F. N. B. f. 221. & inde us{que} 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 b••evibus, seu mandatis, super inde haben∣dis, 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.

* 1.148BUt 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. Alie∣nation 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.

* 1.149But 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.

* 1.150But if a lienation of Lands into Mortmaine be made without licence, the King may seise them as forfeited or escheate••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 ••9.

* 1.151But variance between the licence and the fine is not material, if it be all one alienation, 32 H. 8. Br. Alien. 30.

* 1.152And it seemeth that a Fine sur release, or o∣ther release, is none alienation, and therefore no fine due for the same. P. 37 H. 8. Br. Aliena∣tion 31.

* 1.153But fines are payable, and licences to be sued upon common recoveries, 39 H. 6. 32 H. 8. c. 1. 4. E. 3.

* 1.154Devise by Will is an Alienation, 3. Ma. 1. Br. Alien. 37.

Of the Dedimus Potestatem to take Cog∣nisance of a fine.

A Dedimus Potestatem to take knowledge of a Fine is, as aforesaid, a Writ Commissio∣nal, directed to one or more, giving them-power to take and certifie to the Justices of the Common Place, the cognisance of the Cogni∣sees, when they cann••t conveniently travell to doe it in Court, and it ought to rec••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 De∣dimus Potestatem, with the returns thereof ensue.

* 1.155OLiver, &c. To the Sheriff of York gree∣ting. 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 ap∣purtenances; And of two Messuages, 3 Cot∣tages, five Tofts, one Dove-house, five gar∣dens, five Orchards, 110 acres of land, 50 a∣cres 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 Justi∣ces 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.

* 1.156And the Fine thereof was wont to be en∣tred under the Writ thus.

For xx s. paid to the Farmer of the Fines of ou•• Soveraign Lord the King, by vertue of the Kings warrant.

* 1.157 Then must the writ of Covenant be indor∣sed thus,

By E. S. for the fine within writ∣ten, who affirmeth that the Tene∣ments 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, be∣tween W. P. Gent. and T. B. Esq; and Ann his Wife, of the mannor of T. with the appur∣tenances, and of 2 Messuages, 3 Cottages, 5 Tofts, 1 Dove-house, 5 Gardens, 5 Orchards, 110 acres of Land, 50 acres of Meadow, 50 a∣cres of Pasture, 10 acres of Wood, 100 acres of Ling, and Heath, 40 s. Rent, and Com∣mon of Pasture for all kinds of Beasts, with the appurtenances, in W. and B. in the Coun∣ty 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 bo∣dies, 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 re∣ceive 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 afore∣said of the Premises, before our Justices afore∣said, in the Bench aforesaid, may be levied ac∣cording to the Law and Custom aforesaid; sending to the said Justices this writ: wit∣nesse my self at Westminster 14th day of No∣vemb. In the year &c. Garth.

The name of the Cursiter.

The said Dedimus potestamus must be endor∣sed thus: By the Commissioners of the great Seal of England, at the i••st••••ce of the demand∣ant 〈◊〉〈◊〉 formerly it was thus. Per Dominum custod. magni Sigilli Angliae ad instanc. pe∣tend.

The Commissioners &c. names must be subscribed thereunto, and the Justice of the Circuit thus.

• The Commissioners names I. P. C. D. and E. F.
• The Justice of the Cir∣cuit F. B.

* 2.1 The execution of this writ appeareth in the Schedule to the same annexed.

The Precipe, and Concord which must be filed to the Dedimus Pote∣statem.

* 2.2COmmand T. of P. Esq; and A. his * 2.3 Wife, that justly &c. they hold to W. P. Gent. the Covenant &c. of the Mannor of T. with the appurtenances, and of 2 Messuages, 3 Cottages, 5 Tofts, one Dove-house, 5 Gardens, 5 Orchards, 100 acres of Land, 50 acres of Meadow, 50 acres of Pa∣sture, 10 acres of Wood, 100 acres of Ling and Heath, forty shillings rent, and Common of Pasture for all Manner of Beasts, with the ap∣purtenances in W. and B. and unlesse, &c.

And the Concord is such (to wit) that the aforesaid T. and A. have re∣cognised the aforesaid Mannor, Dove-house Tenemments, Rent and Common of Pasture, with the appurtenances, to be the right of him the said W. as those which the said W. hath

by the gift of the aforesaid T. and A. And those they have remised and quite claimed from them the said T. and A. and the Heirs of him the said T. to the aforesaid W. and his Heirs for ever. And furthermore the said T. and A. have granted for themselves, and the Heirs of him the said T. that they will war∣rant to the aforesaid W. and his Heirs, the a∣aforesaid Mannor, Dove-house, Tenements, Rent, and Common of Pasture, with the ap∣purt▪ against themselves, and the Heirs & assigns of him the said T. and against the Heirs and as∣signs of I B. Esq; and against all men claiming or having any right, title, estate, use, interest, or demand, of or in the same Mannors, Dove-houses, Tenements, Rent, and Common of Pasture, with the appurtenances, or of or in any parcell thereof, by, or from under the said T. and I. his Heirs or assigns, or the heirs or assigns of either of them and for this &c.

Taken and acknowleged at K. in the Coun∣ty of York the ninteenth day of January in the year &c. before

The Commissioners names.

• G. Shrew.
• W. West.

The names of the parties.

• T. B.
• A. B.

A Dedimus potestatem upon a Writ of Customs, and Services for a Fine thereof to be levied.

O. &c. to his beloved and faithfull R. H. one of the Justices of the Bench greeting. Whereas our Writ of Customs and Services hangeth before your Associates our Justices of the Bench, between W. B. Esq; and E. A. Esq; of the Customs and Services which the same E. to the said W. ought to do, of his free Tenement which of him he holdeth in N. as in Homages, Fealty, Releifes, and other Services, in the County of S. And we at the petition of the aforesaid W. and E. have given them Licence thereof to Concord, and the aforesaid W. and E. of themselves are so im∣potent, that without very great danger of their bodies unto Westminster, at the day in our writ conteined, to make the Cognisances which in this behalf are required, are not able to travel, as we have received, We pittying the state of the same W. and E. in this behalf, have given to you power to receive the Cog∣nisances which the same W. and E. before you shall make of the Premises. And therefore we command you that unto the aforesaid W. and E. personally comming, you receive their Cognisances aforesaid. And when you have received them, your associates thereof, distinct∣ly and openly you certifie, that then the Fine between the parties aforesaid, of the Premi∣ses,

before you and your associates aforesaid, in the Bench aforesaid, according to the Law, and Custome of our Common-wealth, of England, may be sevyed. And have you then there this writ, witnesse &c.

Of the Fine formerly called the Kings Silver.

THat was called the Kings Silver that was wont to be paid to the King now to the Lord Protector for the Licence of the Concord, which upon writs of Covenant was taxed after the rate followings That is to say, for Lands of the yearly.

value of	l.	s.	d.	is paid	l.	s.	d.
3	6	8	••	6	8
5	6	8	0	10	0
7	13	4		13	4
8	13	4	0	16	8
11	0	0	1	0	0
12	0	0	1	3	4
14	6	8	1	6	8
15	6	8	1	10	0
17	13	4	1	13	4
18	13	4	1	16	8
20	0	0	2	0	0
22	0	0	2	3	4
24	6	8	2	6	8

Every 5 Marks and 20 s. payeth fine-6 s-8 d. from 5-Marks and 20 s. unto 5-Marks and 40 s. payeth-10 s. and above 5 Marks and 40 s. unto 10 Marks and 20 s. payeth 13 s-4 d. and in like proportion for all other Fines, and it is commonly entred by the Clerk, in this form,

* 2.4I. W. giveth to the L. P. 10 s. for a * 2.5 Licence of concording with E. W. Esq; and I. his wife, of a plea of Covenant of one Messuage, 10 acres of Land, 10 acres of Meadow, and 10 acres of Pasture▪ with the appurtenances, in D. Reciting the substance of the writ, And they have the Hand-writing by the Peace admitted before R. W. one of the Justices of the Lord Protector of the Bench, being Justice in the County.

Observations necessary at the knowledge of Fines.

* 2.6VVHen a Fine is to be knowledged it is meet that before the parties come be∣fore the Judges or Commissioners, the titling of the writ of Covenant and Concord be fair written, according to the parties minds, and duly examined and also signed or subscribed by all the Cognisors.

* 2.7It is also requisite that either of the Cogni∣sors be known to the Justices or Commissi∣oners

that must take the Cognisance thereof, or that some other credible person, known to him which taketh the Cognisance, who know∣eth the party, be present, and do sufficiently enform the Judge; that they be the self-same parties, against whom the writ is brought, for some will covenously, knowledge Fines in the names of others that be owners of the Land, 34. H. 6. Fol. 19.

* 2.8And if a feme Covert be Cognisor, she must be perswaded, to yield her consent, and be ful∣ly agreed with, before she be examined, for in all cases where a Feme Covert is to depart with any thing by fine, she must be examined by the Justices or Commiss. that take this Cognisance, and confess that she doth make Cognisance freely, and not through fear or compulsion of any, before the Cognisance will be accepted. But where she is to take benefit by a Fine, she shall never be examined, 42 Ed. 3. 7. 3 H. 6. 42. 46. E. 3. 15 8 H. 6. 2. 4 Ed. 3. 62. Statut. de finibus. 18 Ed. 2.

* 2.9Also the yearly value of Lands should bee set down under the Concord, and some honest person which knoweth the Land, brought thi∣ther to make oath for the value thereof, for * 2.10 without such oath or composition the Fine cannot passe.

* 2.11And composition with the Commissioners will not readily be made without oath, or some late Fine, License, or other matter of Record, to inform the Commissioners, of the value thereof, which being done, the writ of Cove∣nant is again there to be entred, (and the fine thereof if it be finable) must there be paid to

the Receiver, and the writ must be signed by the said Commissioners, and that done the said writ must be sealed and returned with the Concord, and Dedimus Potestatem, if the Cognisance was taken by Dedimus Potestatem, & then the said writings must be taken out & sign∣ed by the Custos brevium, and thence they must be carried to the Clerk of the Prot. Silver, who must take a note thereof, for the entry of the P. Silver, and sign the same again, and then must they be delivered to the Chyrogra∣pher of fines, to be ingrossed and proclaimed. The examples wherof appear in their apt pla∣ces.

How, and when Cognisances of Fines must be certified, and what may hinder the same.

* 2.12JF they which have taken Cognisance of a Fine will not certifie the same, a Certiorar. is to be awarded unto them, comprehending the matter of Dedimus potestatem, and command them to certifie, &c. which if they do not, there lyeth against the Commissioners an alias pluries and attatchment &c. Fitz. N. B. 147. b.

* 2.13But they are not bound to certifie such Re∣cognisances, but within a year after such cap∣tion thereof; but if they do, it is good enough, 23. El. c. 3. And with every such Certificate they must certifie the day and year wherein the same was knowledged thus, Taken at R. in the County of York, the 20th day of Octo∣ber, in the year &c.

Else no Clerk or Officer may receive the same but shall forfeit for every writ otherwise * 2.14 received, five pounds 23. El. c. 3. If any of the parties to a Fine die after recognifance thereof, and before it be certified, it ought not to be certified. 1. H. 7. 9. 33. H. 6. fo. 52 Dyer fo. 146. pl. 68. 7. El.

But if such Cognisance of a fine be certifi∣ed and the Prot. silver entred, the fine is good, and may afterwards be ingrossed though it be in another Term. Thus,

THis is the finall Concord made, &c. In the morrow of the Purification of the bles∣sed Virgin Mary, and afterwards granted and recorded in fifteen days of Easter, Dyer f. 220. pl. 15. and fo. 254. pl. 104.

If the Justice or Commissioner that hath taken the knowledge of a Fine, die be∣fore * 2.15 it be certified, their executors, or admini∣strators may certifie the note of the fine to the Justices of the Common-place, by writ Certi∣orari out of the Chancery to them directed 8. H. 4. 5. 1. H. 7. 9. Fitz. N. B. f. 147. b. The form of which Certiorari is thus.

* 2.16O. &c. to his beloved B. W. widdow exe∣cutrix, in, of the Testament of T. W. late one of our Justices of the Bench, greeting, We willing for certain causes to be certified upon certain cognisances of a fine between T. D. and I. G. of one Messuage with the appurtenances in T. and in the County of

E. by the aforesaid late Justice taken, & in your custody, by reason of the execution of the Testament aforesaid, being as it is said, We command you that the Cognisanc•••• ••foresaid, to our Justices at Westminster under your seal distinctly and plainly without delay you send, and this writ that th'aforesaid Justices, further to levy that fine, may cause to be done that which of right and according to the Law and Custome of our Common-wealth of England ought to be done, T. &c.

* 2.17In like manner, if a Justice having taken cognisance of a fine be discharged of his Office before he hath certified the same, he may not certifie it without alike writ notwithstand∣ing that he be restored to his place again, 8. H. 4. 5. 1. H 7. 9.

And thereupon it hath been used that a writ hath been directed to the said Justices, to receive the same cognisance, but it is not in use at this day. F. N. B. 147. E.

* 2.18But if the King die after the cognisance taken, and before the certifying thereof, the Justices cannot then certifie, n••m per mor••em s••u dimissionem Regis c••ssat potestas Judicis 1. H. 7. 9. yet learn, for I think the statute of 1. Ed. 6. c. 7. doth give remedy in this. For the words thereof be these in ef∣fect.

By the death, and demise of any King, no a∣ction, bill, or plai••t, that shall depend be∣tween party and party in any Court of Re∣cord, shall be discontinued or put without day, ••ut if the King dye after the Kings sil∣ver is entred, and before the Fine be ingros∣sed,

the writ of the Covenant may be resum∣moned and the Fine ingrossed, 1. H. 7. 9.

* 2.19If a Feme sole by Dedimus Potestatem know∣ledge a Fine, and before the return thereof marry, this Fine may be certified and ingros∣sed as of a Feme sole, because the taking of her Husband after the Fine knowledged is her own voluntary act, and such Fine shall barr her, and her Heirs for ever. Dyer fo. 246. pl. 68. Mich. 7. and 8. El.

* 2.20Every writ of Dedimus Potestatem (to speciall Commissioners, for the taking of the Cognisance of fines) ought to be signed by the Lord Chancellor, or Lord Keeper, now the Lords Commissioners, or chef Justice of the Common Place, or the chief Justice of the Circuit where the Land lyeth.

Of the Inrolement of Writs of Cove∣nant, Dedimus Potestatem, and know∣ledges thereupon, which is termed the foot of the Fine.

* 2.21BEfore the ingrossing of the fine by the Chi∣ographer, the writ of the Covenant, the writ of Dedimus Potestatem, with the knowledges and notes of the same, must be inrolled, and in a Roll to be of Record for ever to remain in the safe custody of the chief Clerk of the * 2.22 Common place, (which is the Custos brevium) and his successors, who must have 22 d. fee for enting of the Concord, to the intent that

if the notes of the Fines in the Custody of the Chyrographer be embezelled or lost, exe∣cution * 2.23 may be had upon the said Roll. 5. H. 4: c. 14. upon this Roll the proclamations are endorsed and these notes are termed the foot of the Fine. Dyer fo. 321. pl. 19. 15 El.

Of the Note of the Fine.

* 2.24THe note of the Fine, is a note thereof made by the Chirographer before it be ingrossed, which beginneth thus,

* 2.25BEtween A. B. Plantiff. and C. D. Deforcient. of 2 Messuages, 2. Cottages, 100 acres of Land, 40 acres of Meadow, 20 acres of Pasture one acre of Wood, 8 acres of Ling and Heath, and one penny Rent, with the appurtenances in A. * 2.26 whereof Plea of Covenant was summoned between them &c. (that is to say) that the a∣foresaid John hath recognised the Tenements and Rent aforesaid, with the appurtenances, to be the right of him the said A. and hath granted for himself and his Heirs that the a∣foresaid Tenements and Rent with the appur∣tenances, which the aforesaid G. and I. hold for term of the life of him the said I. of the Heirs of the aforesaid C. the day wherein this Concord was made, & which after the decease of him the said I. unto the aforesaid C. and his heirs ought to revert, after the decease of him the said I. shall wholly remain to the aforesaid A. and his Heirs, to hold of the chief Lords

of that Fee, by the Services which unto the a∣foresaid Tenenement and Rent do belong for ever. And for this recognisance, grant, fine, and Concord, the said A. hath given to the aforesaid B. 100 Marks sterling.

Upon which note, before the ingrossing of the Fine (if it be of a remainder, reversion, rent, or Seigniory) writs of Q••i•• Juris clamat per quae servicia, or quem reddi••um reddit, must be sued, as the case requireth, Plo. fo. 43. b. 22. H. 6. 13.

Quid Juris clamat.

Quid Juris clam. is a Judicial writ, & issueth ••ut of the Record of the Fine, remaining in the keeping of the Custos brevium of the Common place, Plo. 43. b. before it be ingrossed, for after the ingrossing it cannot be had, Plo. fo: 431. b. 22, H. 6. 13. F. Nat. Br. 147 a. which lyeth for the grantee of a reversion or remainder, when the particular Tenant will not atturn to enforce him to atturn, 22. H. 6. 13. Plo. 431. b, And it is made in this form.

* 2.27O. &c. To the Sheriff greeting, we command you that you cause to come before our Justices, &c. (••ali die) G. and A. his Wife, to know what right they claim in one Messu∣age, &c. with the ••p••urtenances in B. which Tenements with the appurtena••ces, M. who was the Wife of G. in our Court &c. hath

granted to A. of B. by a Fine thereof there between them made, And have you &c.

And the final cause of this writ of quid Ju∣ris clamat is that the grantee or cognisee of the reversion or remainder, may by that Atturn∣ment of the particular Tenant, be enabled (if cause be given) to bring an Action of wast or to avow for rent reserved, or services behind which he cannot do without Atturnment Plo, fo. 431. b. 22. H. 6. 13.

* 2.28Tenant in Dower shall atturn. though the writ suppose her to be Tenant for life, be∣cause she claimeth no greater estate than Frank Tenement Hil. 3. E. Fitz. Quid Ju∣ris clamat 3. yet it seemeth she thereby loo∣seth her warranty, and advantage to be new∣ly endowed, if she be evicted 10. E. 3. Fitz. Quid juris clamat, &c. 41.

If a gift be for life, the remainder for life, the writ must mention the remainder Hil. 3. E. 3. 15. Fitz. Fines 9.

It is meet therefore to learn who are com∣pellable hereby to atrurn and who not, and by whom.

What Persons may obtain Atturnment by Quid Juris clamat and what not.

* 2.29THe grantee of a reversion voyd of impe∣diment 34. H. 6. b. Fitz. Na. Br. fo. 168 b. F. N. B. 147 a.

* 2.30But an Infant cannot, because if a Lease

for life without impeachment of wast, be plea∣ded in Barr, he cannot confess it, 43. E. 3. 5. Contr. 23. E. Fiz. quid Juris. &c. 42.

* 2.31If the Cognisor have nothing in the rever∣sion, the Tenant shall not atturn. Lib. Int. fol. 436.

A F••me Covert without her Husband, albeit the Fine was levyed when she was sole. 11. H 4. 7.

* 2.32If there be divers Pleas, and one die, hang∣ing the Plea, yet shall the Tenant atturn to the rest. 48. E. 3. 32.

* 2.33Or if divers sue the writ, and one be non∣suit, yet attournment shall be unto the other, without Summons and severing of the other 46. E. 3. 32.

* 2.34Abbot avera atturnment dum ten. pur vie sans mre. licence et nest forfeiture 17. E. 3. 7.

* 2.35If Cognisee discease the Tenant of part he shall have no atturnment, 19. E. 2. Fitz. Quid Juris &c. 46.

What Persons be compellable to atturn by Quid Juris clamat, and what not.

* 2.36THe writ of Quid Juris clamat, lyeth a∣gainst the particular Tenant of the Land for life, 34. H. 6. b. Nat. Br. fo. 168. b. Fitz. Nat. fo. 147. a 49. h. though he be but a Tenant for life of Land holden in Capite, or a * 2.37 Feme Covert 45. E. 3. 11.

And a Tenant for years shall atturn 3 H. * 2.38 4. 3.

* 2.39But Tenant in tail is not compellable be∣cause of the estate of inheritance which is in him, 38. E. 3. 20. Nor Tenant in tail after * 2.40 possibility of issue extinct, for the inheritance that was once in him. 43. E. 3. 1. 46. E. 3. 13. et 72.

* 2.41A particular Tenant for Lands holden in Capite, is not compellable to atturn with∣out sight of Licence of alienation, lest his Lands should be subject to a Fine for the alie∣nation without licence, 45. E. 3. 6.

* 2.42If A. and B. have an estate for ten years, as executors, and B. have five years in rever∣ūon in his own right, he must atturn, be∣cause he is possessed of the whole term and the attornment of one executor of a Term is good enough, 32. E. 3. Fitz. Quid Juris 5. p. Stanh.

* 2.43But if A. Lease to B. and C. for six years, and after confirm the Estate of B. for life, the note of the fine shall make mention of B. onely, per Seton. 32. E. 3. Fitz. Quid Ju∣ris, &c. 5.

* 2.44If Tenant in Dower or by Courtesie grant their estate, yet the Quid Jur. clam. ly∣eth against them, for none but they can be Tenant in Dower, or by the Couttesie, 18. E. 3 5.

* 2.45If a Leasee for years with livery be upon Condition, that if the Leasee pay 10 pound such a day, or the Leasor die within the term &c. He shall have Fee, if before the day the Lessor alien by Fine, this Tenant shall atturn

(salvis advantagijs) And yet if he pay the ten pounds at the day, or the lessor die during the Term, the leasee shall have have fee. 6 R. 2. Fitz. Quid Juris clamat. 20.

* 2.46If a Quid Juris clamat be against two, as Tenants in the Common, he which appear∣eth must atturn, if he plead not that they are joynt-tenants, 16. E. 3. Fitz. Quid Juris 21. * 2.47

If a particular Tenant grant over his e∣state after the note levied, yet must he atturn. 17. E. 3. Fitz. Quid Juris, 11.

* 2.48If the Tenant atturn once upon the grant of the Cognisors he shall atturn no more, 4. E. 3. Fitz. Quid Jur. 45.

* 2.49If a joint-tenant or tenant in Common of a Reversion, grant his part by Fine, the parti∣cular Tenant shall not be compelled to atturn 5. E. 3. Fitz. Quid Jur. 40.

* 2.50Upon a Lease for life upon condition that if the Leasee die within twenty years that his Executors, Administrators or Assigns shall hold unto the end of twenty years: the Les∣see shall atturn as Tenant for life, with pro∣testation to save his interest, 16. E. 3. 20. E. 3. Fitz. Quid Jur. 22. 31.

* 2.51If the reversion of two joynt Tenants for life be granted by Fine, supposing the one to be sole Tenant, the Tenant is not compella∣ble to atturn, 32. E. 3. Fitz. Quid Jur. 5. per Seton.

* 2.52But Tenant by Statute or elegit seemeth not compellable to atturn, because the cog∣nisor cannot compel him to account, and he may hold the Lands, after his sum satisfied,

until he have levied his damages, 6. E 3. 53. Fitz. Fines 99. E. 3, F. Quid Juris 47.

* 2.53Nor a Tenant for life, where the Hus∣band sole is Cognisor of his Wives land: for if he do atturn, the Wife surviving, her Husband may enter for forfeiture, 27. E. 3.

* 2.54And a Clerk which hath no lay fee is not compelled to atturn, 38. E. 3. 18.

* 2.55Nor Tenant for life in reversion or remain∣der 34. H. 6. b.

* 2.56Nor Tenant in Frank marriage lib. Intr. Quid Juris clamat 10.

Nor an Infant, 43. E. 3. 1.

Nor a Lunatick mad man or Ideot as it seemeth, because of their disabilities.

But atturnment made by such persons as are able, but not compellable to atturn, is good. 12. E. 4, Nat. Br. fo. 170. b.

* 2.57And an atturn••ent may be with an excep∣on if the Tenant have a Lease for life without impeachment of wast, as he may atturn, sa∣ving his advantage, and it shall be so entred 45. E. 3. 11. 24. E. 3

* 2.58If the Tenant have Covenants to repaire &c. 48. E. 3. 32. or have an annuity out of the Land, 48. E. 3. 32. or Covenant of war∣ranty or acquitall, 41. E. 3. 48. or to fell trees, he may atturn, saving these advanta∣ges.

* 2.59If A. seised of Lands in fee thereof enfe∣off B. to the use of the said A. for life, and af∣ter to the use of his Executors and Assigns for twenty years after his death: And then to

the use of C. in fee, Quere whether A. shall be compelled to atturn in Quid Juris clamat supposing him Tenant for life only, and not mentioning the Term, without saving of his Term by protestation, Dyer fo. 309. pl. 77. 14. El.

No view lieth in a Quid Juris clamat, 15. E. 4. 28.

What Places will barr the Plantiff of Atturnment.

* 2.60IF the Tenant plead that he is seised in fee the day of the note levied without that, that he was then seised for life, without shew∣ing how he is so seised, 15. E. 4. 28. 1. H. 7. 27.

* 2.61Or if the Tenant for life plead, that be∣fore the fine, an estranger was seised in fee, and released to him in fee, without that that the recognisor had any thing in the Lands, the day of the note levied 3. H. 4. 3.

* 2.62If a particular Tenant plead he holdeth not of the Cognisot, the day of the note levied he must shew what estate he claimeth, and from whom; 3. E. 3. 6. Fitz. Quid Juris cla∣mat. 6. 14. E. 3. Fitz. Quid Jur. 9.

But if he claim fee he shall not shew how 14. E. 3. 3. Fitz. Fines 7. but traverse that he holdeth for life, 1. H. 7. 27.

Leasee for eight years, upon condition, that

the Leasor alien within the term, he shall have * 2.63 fee; cannot alledge that and say that he clai∣meth estate according to the Tenor of his Deed, but must plead his estate certainly, 2. E. 2. Fitz. Quid Jur. 38.

If the Tenant confesse for part and plead a plea which may forfeit his estate therein, he must atturn by and by. 11. H. 4. 57. Cont. 22. E. 3. 18. Fitz. fines 33.

* 2.64Release of the Cognisor before the Cogni∣sance, to the Heir or his Ancestors in fee is a good barr, 44. E. 3. 34.

* 2.65If a Lessee for years claim for life, and fail of it▪ he forfeits his Term, 6. R. 2. Fitz. Quid Jur. 20. Plesingtons case.

WHAT PROCESSE Lie in a Quid Juris clamat.

* 2.66THe Process in a quid juris clamat, is Summons and distress infinite, Nat. * 2.67 br. 169. a. But if the Te∣nant appear, and plead no good Bar, and yet will not atturn, he shall be im∣prisoned, 37. H. 6. 14.

* 2.68But if the Tenant disclaim, and if it be found against him, he shall atturn, 4. E. 3. 27.

But if the Tenant for life, years, in Dower, by the Curtesie, or extent, by Plea, Claim, Fee, or Fee-tail, and it be found otherwise, he doth for∣feit his Estate, 15. E. 4. 28. Nat. Br. fo. 168. b.

And the Tenant may atturn by Dedimus Po∣testatem, * 2.69 the form whereof ensueth.

Oliver, &c. to his beloved and faithfull I. M. Knight, &c. whereas our Writ of Covenant han∣gerh before you and your Associates our Justi∣ces

of the Bench between R. and P. of 100. A∣cres, &c. which I. holdeth for his life of the a∣foresaid P. to levy thereof a Fine between the aforesaid R. and P. according to the Law and Custome of our Common-wealth of England, whereby by our Writ we have commanded our Sheriff of Norfolk, that he cause to come before our aforesaid Justices, the aforesaid I. at the day in that Writ contained, to acknowledge what right he claimeth to have in the Land aforesaid▪ and the aforesaid I. being of himself so impotent that unto the Bench aforesaid at the day to him given, without the greatest danger of his body, he is not able to travail, to acknowledge what right he claimeth to have in the Land aforesaid: we tendring the State of him the said I. in this behalf, have given you power to receive the cog∣nisance, 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 cogni∣zance 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 afore∣said, in the Bench aforesaid may be levied, ac∣cording to the Law and custome aforesaid: And have you, &c.

* 2.70By default of appearance, distring. ad attur∣nandum shall be awarded, 2 E. 3. 9.

* 2.71Non-suit in quid juris clamat is not perempto∣ry,

ry, 18 E. 3. 6. Fitz. Quid Jur. ••7. 24. Ed. 3. 3. Fitz. quid, &c. 39.

The Writ of Summons in Quid juris clamat.

* 2.72OLiver, &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 * 2.73 make default, the entry is thus.

The Sheriff of York was commanded, that he should cause to come here from the day of Ea∣ster 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.

* 2.74Therefore he into all, &c. And he is com∣manded 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 acknow∣ledge in form aforesaid. &c. And the same day is given to the aforesaid C. here, &c.

* 2.75At the return hereof none essoin lieth, be∣cause 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 com∣mand 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 acknow∣ledge what right he claimeth in one Messu∣age, &c. with the appurtenances in B. which M. N. in our Court before our Justices at Westminster hath granted to C. D. by Fine there∣of there between them made, and to hear there∣upon 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.

* 2.76Heretofore 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 com∣manded 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 afore∣said, as the aforesaid A. B. in his proper per∣son, and hereupon the same E. B. prayeth, hea∣ring 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. Plain∣tiff, &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 afore∣said 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 a∣foresaid 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.

* 2.77But if the Cognisee appear, and will atturn specially, it may be done thus: The Sheriff was commanded, &c. ut supra reciting the Pro∣cess, 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 hol∣deth the Tenements aforesaid with the appur∣tenances 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 Inden∣ture, and saving to himself all advantages and conditions written aforesaid, saith, That he is ready to attorn to the aforesaid C. D. of the Te∣nemēts 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 ad∣vantages, and benefit of the writing aforesaid, he is ready to atturn himself thereof to the same C. D. of the Tenements aforesaid, &c. And af∣terwards 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. And hath done to him Fealty, &c. Therfore let a Fine thereof be ingrossed, &c.

* 2.78But 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.

* 2.79And 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 afore∣said 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 re∣version thereof, after his death, doth belong unto the aforesaid R. M. and prayeth Judge∣ment, whether he of such his Estate ought to atturn himself thereof to any, &c. and produ∣ceth, here in Court the Charter aforesaid, that the gift aforesaid, in form aforesaid testifi∣eth, &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 afore∣said

A. holdeth the aforesaid Tenements for Term of his life, as by the note aforesaid is sup∣posed, without this, that he then held the Te∣nements aforesaid in Free-marriage, as he above alleged. And this he prayeth that, &c. ther∣fore, 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 moie∣ty for Term of life only, as by that note is sup∣posed; and tbis, &c. whereof he prayeth Judge∣ment 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 tou∣ching 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 bar∣red 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 appur∣tenances 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 there∣of for Term of his life, as by that note is suppo∣sed. 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 afore∣said A. B. at the time of the levying of the note aforesaid was not Tenant of the aforesaid resi∣due 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 pray∣eth. &c. ut supra.

And the aforesaid C. D. saith, that the afore∣said A. B. at the time of the levying of the note aforesaid, to wit, in eight dayes of Saint Hilla∣ry, &c. held the Tenements aforesaid, with the appurtenances for Term of his life; the rever∣sion thereof after his death to the aforesaid M. N. who recognized, &c. and to his heirs be∣longing, 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 de∣vise, thus.

Which being read and heard, &c. the same A. B. faith, that he by virtue of that note, him∣self to the aforesaid C. D. of the tenements afore∣said he ought not to atturn, because he saith, that before that the aforesaid M. N. any thing had in the Tenements aforesaid with the ap∣purtenances, one I. F. was seised of the Tene∣ments aforesaid in his demeasne as of Fee, and that the same Tenements with the appurtenan∣ces 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 begot∣••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 Sta∣tute 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 afore∣said 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 appurtenan∣ces, &c. by the names aforesaid, to the afore∣said A. B. for Term of his life, and afterward the same I. F. dyed, after the death of which said I. F. the same A. B. into the Tenements aforesaid, with the appurtenances entred, and was thereof seised in his demeasne as of Free∣hold, by the Form of the Testament, and last will aforesaid, without this, that the same I. F. by his last will and Testament aforesaid be∣queathed to the aforesaid A. B. &c. ut supra, as the aforesaid A. B. above alleged. And this, &c. & whereof, &c. And the aforesaid A. B. as before saith, &c. (ut supra in brevi) as he before alleged. And of this, &c.

The Tenant may atturn for parcell, excepting the rest, and plead there∣unto.

* 2.80ANd now at this day here in the Court came as well the aforesaid E. I. by W. W. his Attorney, as the aforesaid I. E. in his proper person, and hereupon the aforesaid E. I. by his Attorney, aforesaid Prayed, that the aforesaid I. E. to him thereof may atturn, &c. And the aforesaid I. E. prayeth hearing of the Writ a∣foresaid, and to him it is read, &c. he prayeth also hearing of the note of the Fine, whereup∣on the Writ aforesaid issued forth; and it is read to him in these words: Between R. Plain∣tiff, and P. Deforcient &c. rehearsing the whole note; which being read and heard, the same I. F. as touching the Tenements aforesaid, except 10 Acres in D. parcell thereof, saith, that he is rea∣dy to the aforesaid R. thereof to atturn, and himself to him in Court here, hath attorned of the Tenements aforesaid, except the aforesaid 10. Acres of Land, and hath acknowledged, &c. And hath done Fealty, &c. And as touching the aforesaid 10. Acres of Land in D. the same I. F. saith, that he at the time of the levying the note aforesaid, was seised of the same 10. Acres of Land, with the appurtenances in his de∣measne as of Fee, without this that he at the aforesaid time of the levying of the note afore∣said, the same 10. Acres of Land with the ap∣purtenances

held for Term of life only as, &c. therefore let a Fine thereof be ingrossed, Dyer f. 212. p. 35. 4. Eliz.

And when the Tenant doth atturn, the note of the Fine is to be delivered to the Chirogra∣pher: And then it must be written upon the back-side of the same note, thus.

The within named A. B. hath atturned him∣self to the within written C. D. by virtue of this note, as it appeareth, &c.

Atturney in quid Juris clamat.

UPon such a Plea pleaded, that the Tenant may forfeit his Estate, he may make an Atturney, 21 E. 3. 48.

Or if the Tenant suggest in Chancery, that he will plead so as he forfeit his Estate, he may make an Atturney by dedimus potestatem; thus.

Oliver, &c. To his beloved faithfull F. B. &c. Whereas our Writ of Covenant hangeth before you and your Associates, our Justices of the Bench between R. & P. of a hundred Acres, &c. which I. holdeth for his life of the aforesaid B. for a Fine thereof between the aforesaid R. and P. according to the Law and custome of our Common-weath of England, to be levyed, where∣by our Sheriff of York by our Writ we have commanded, that he should cause to come be∣fore our said Justices, the aforesaid I. at the day in that Writ contained, to acknowledge what

right he claimeth to have in the Lands afore∣said; and on the behalf of the said I. it is given us to understand, that he upon the Fine afore∣said ought not to atturn, for that, that before the levying of the note of the Fine aforesaid, one S. being seised of that Land in his demeasne as of Fee, gave it to the aforesaid I. and the heirs of his body. And he at the day to him given in the Bench aforesaid, that matter to the Writ aforesaid will plead. And yet he is so impotent and worn with age, that unto the Bench afore∣said at the day to him given, without very great danger of his body, he is not sufficient to tra∣vail, to plead that plea, we tendring the State of the same I. in this behalf, have given you power to receive an Atturney, whom before you in his stead, he shall will to atturn in this behalf, to gain, or to lose, and therefore we command you that unto the aforesaid I. perso∣nally you going, you receive an Attorney, whom in his stead, he shall will to Atturn in this be∣half, and of the name of the same Atturney, to us in our Chancery under your Seal, distinctly and openly you certifie, returning to us this Writ,

Witness my self, &c.

The return thereof.

I Putteth in his place A. B. his Atturney a∣gainst R. in a Plea in quid juris clamat to gain or lose.

And as the Tenant may make an Atturney by

dedimus potestatem, so he may atturn, the form whereof followeth.

Oliver, &c. To his, faithfull I. and M. greeting whereas our Writ of Covenant hangeth before you and your Associates our Justices of the Bench, between R: and P. of a hundred Acres, &c. which I holdeth for his life of the aforesaid P. for a Fine between the aforesaid R. and P. according to the Law and custome of our Common-weal of England, to be levyed, whereby, by our Writ we have commanded our Sheriff of Norfolk, that he cause to come be∣fore our said Justices the aforesaid I. at the day in that Writ contained, to acknowledge what right he claimeth to have in the Land aforesaid, and the aforesaid I. of himself is so impotent, that unto the Bench aforesaid at the day to him gi∣ven, without very great danger of his body, he is not sufficient to travail, to acknowledge what right he claimeth to have in the Land aforesaid, we tendring the state of him the said I. in this behalf, have given to you power to receive the knowledgement and to testifie the Atturnment, which the aforesaid I. before you shall will to make ye receive: And when you have received him, and he before you as it is the manner have atturned himself, your aforesaid Associates of the cognizance aforesaid distinctly and openly you certifie, the aforesaid atturnment testifying, that, that Fine between the parties aforesaid of the Lands aforesaid before you, and your asso∣ciates aforesaid, in the Bench aforesaid may be levied, according to the Law and custome afore∣said. And have you, &c.

After issue joyned, the Tenant may be essoigned thus.

York ss. A. B. against C. D. in a Plea of quid ju∣ris clamat in one Messuage, &c. whereof the Ju∣ry by W. C. in 15. dayes of Saint Hillary, &c.

If the issue be found with the Plaintiff, the Judgement is in this form.

* 2.81ANd hereupon the premisses being seen, and by the Justices more fully understood, it is ordered, that the aforesaid C. D. for seisin, of the Tenements aforesaid with the appurte∣nances, against the aforesaid A. B. by occasion of the claim and Plea aforesaid forefeited, to have (if he will) he may prosecute, and also, that the Fine aforesaid, if he will, may be ingrossed, and the aforesaid A. B. in mercy, &c.

But atturnments entred upon record, before the par∣ty mentioned to atturn, do first appear in Court in person, or by atturney, warranted by the hand of one of the Justices of the one Bench, or of the other, or one Justice of Assize upon a Writ of quid juris clamat, quem redditum reddit, or per quae servitia, as the case requireth, is void without Writ of error, 23 Eliz. c. 3. upon which Judgement the Cognisee may have execution by habere facias seisinam, in this form.

Oliver, &c. To the Sheriff of York greeting, Know you, that whereas C. D. in our Court be∣fore our Justices at Westminster, by order of the same Court, hath recovered his seisin against A.

B. of one Messuage with the Appurtenances in L. which M. N. in the same Court granted to the aforesaid C. D. by a Fine thereof between them made, therefore Wee command you, that to the same C. D. plenary seisin of the Messu∣age aforesaid, with the appurtenances, without delay, you cause to have, and what thereof you shall do, you certifie to our said Justices at Westminster in eight dayes of Saint Martin, &c. And have you there this Writ, T. &c.

A Distringas ad Atturnandum.

And upon the Judgment to Atturn doth issue a Di∣stringas ad Atturnandum in this form.

Oliver &c. To the Sheriff greeting, Wee command you that you distrain A. S. by all his Lands, &c. So that he be before our Justices of the Bench to atturn to C. D. in a plea of Quid juris clamat in one Messuage with the appurtenances in L. which M. N. in our Court, &c. hath granted to the aforesaid C. D. by fine thereof between them made, and whereupon it is ordered in the same Court that the afore∣said A. S. himself to the aforesaid C. D. thereof shall atturn. And have you there this Writ, T. &c.

Quem redditum reddit.

The Writ of quem redditum reddit is a Writ judiciall, and issueth out of the note of the fine against the Tenant of the Land, to compell him to atturn to the Cognisee, upon the grant of a Rent charge or Rent seck, issuing out of the Land, N. B. F. 170. b. the form whereof follow∣eth.

Oliver, &c. to the Sheriff of E. greeting, We command you, &c. that you cause to come here from the day of St. Michael in fifteen dayes E. F. to acknowledge what Rent he was accusto∣med to yield, issuing out of one messuage with the appurtenances in E. which A. B. in our court before our Justices of the Bench hath granted to C. D. by a Fine there of between them made. And have you there this Writ, T. &c.

If the Defendant appear not upon this Writ, a Distringas issueth forth in this form.

OLiver &c. To the Sheriff of York gree∣ting, Wee command you that you di∣strain E. F. by all his Lands, &c. And that you answer to us of the profits of the same, and that you have his Body here, &c. in eight daies of St. Michael next to come: To acknowledge what Rent, &c. issuing out of one Messuage with the appurtenances in L. which A. B. in our Court, &c. hath granted to C. D. by a Fine thereof between them made, and to hear his Judgment for many defaults. And have you, &c.

At which day if the Tenant appear, the entry may be in this form.

E. F. In mercy for many defaults, &c.

The Sheriff of E. was commanded that he should distrain the aforesaid E. F. &c. as in other Writs of Distringas above. And now here at this day came aswell the aforesaid C D. by W. W. his Atturney, as the aforesaid E. F. in his proper person. And the aforesaid C. D. prayeth that the aforesaid E. F. may atturn him∣self to him of the Rent aforesaid, &c. And the aforesaid E. F. prayeth hearing of the Writ a∣aforesaid,

and to him it is read, he prayeth also hearing of the note of the Fine, whereup∣on the same Writ issued, and to him it is read in these words. Between C. D. Plaintiff, &c. reciting the note, &c.

* 2.82In which case if the Tenant atturn, the en∣trie shall be as in a quid Juris clamat, and so shall the Judgment and Execution be also, mu∣tatis mutandis, but the atturnment must be in Court, 9 H. 6. 21. 8. H. 6. 15.

* 2.83If this Writ be against divers Defendants, and some appear, and some make default, Those which appear, shall not atturn without the rest, untill they appear, and after make default. 8. H. 6. 15.

* 2.84If the Tenant once appear, and after make default, a Distringas ad atturnandum shall be awarded. 9. H. 6. 21. 8. H. 6: 15:

A Cognisee of a Rent charge, or Rents for years, shall not have Atturnment, quaere Dyer fo: 401. Pl. 37. & 38.

* 2.85The Tenant cannot plead by an Atturney, but ex consensu quaerentis, 1. H: 7: 27.

In a Quem redditum reddit, the Tenant ap∣pearing, is to demand what the Plaintiff hath to shew for the Rent, and then he must shew the commencement thereof, and his title there∣unto, which the Plaintiff may answer, 31. H. 6. 8. 35. H. 6.

* 2.86In quem redditum reddit, if the Tenant will disclaim, he may plead, that he was not Tenant of the Land the day of the note levyed, for this Writ lyeth against none but him which is then Tenant, 8 H. 6. 15:

Per quae servitia.

PEr quae servitia is a judiciall Writ, issuing from the Note of a Fine, and lyeth for the Cognisee of a Mannor, seigniory, chief Rent, or other services, to compell him that is Te∣nant of the land at the time of the note of the fine levyed, to atturn unto him, 43. E. 3. 8. H. 6. 17. Pl. 46. B. which is made thus.

* 2.87OLiver, &c. To the Sheriff of K: greeting, Wee command you, that you cause to come before our Justices at Westminster (tali die) S: F. R: L. &c. at L. &c. to acknowledge by what services they hold their Tenements with the appurtenances in B. which services E. L. in our Court before our Justices at Westminster hath granted to W. B. by a Fine there thereup∣on between them made. And have you there this Writ. Witnesse, &c.

If the Lord grant the services of his Tenant by Fine or otherwise, the Lord before Atturn∣ment shall have such things as lye in prender; as the Ward of the body of the heir and of the Land, escheats &c. but not such things as lye in render; as Rents and relief, Herriots and other services, for he cannot avow for them before the atturnment.

If a man grant the services of his Tenant for life, This Writ lyeth, Br. per quae servitia 13.

* 2.88If services be granted to I. S. for life, the reversion to N. N. and I. S. dye before atturn∣ment, he in reversion shall have per quae servi∣tia. 20. H. 6. 7.

If per quae servitia be brought against di∣vers, of which some only appear, they are compellable to atturn, 21. E. 3. 48. T. 32. E. 3.

Vpon whose alienations the Tenant is not com∣pellable to Atturn.

If Tenant in Taile of services levy a Fine * 2.89 thereof, the Tenant of the Land is not com∣pellable to atturn. 48. E. 3. 23. Because that if the Cognisor die the Tenant is subject to the distress, both of the Cognisee, and of the issue in taile, 24. E. 3. 25. 43. E. 3. Nevertheless upon a Fine with Proclamation in such case, which barreth the issue in taile, the Tenant seemeth compellable to atturn.

* 2.90If a Fine be levyed by him that was never seised of the services, the Tenant is not com∣pellable to atturn. H. 6. E. 2.

* 2.91If the Tenant for life, or any other parti∣cular Tenant of services, which have them not in fee, levy a Fine thereof, the terr Te∣nant is not compellable to atturn, Itin. North. 3. E. 3.

* 2.92If one joynt tenant a seignory grant, &c. the Tenant is not compellable to atturn. 9. E. 2.

Against whom a per quae servitia lyeth, and whom not.

* 2.93It lyeth against him only that is Tenant of the Land at the time of the note of the Fine levyed 8. H. 6. 17. 18. E. 4. 10. And therefore must not vary from the Fine. 18. E. 4. 10. 25. E. 3. 3. 35. E. 3. 50.

And therefore it seemeth that if he which is Tenant at the levying of the note dye or ali∣en before Atturnement had, that neither his heir nor the alienee is compellable to atturn, H. 26. E. 3. 56. 18. E. 4. 25. E. 3. 50. 10. yet this atturnment is good, ibid. M. 31. E. 3

* 2.94A prioresse recluse is compellable to atturn, 43. E. 3. and an Infant, 26. E. 3. 62. and a man only dumb by writing or sgines. 26. E. 3. 62.

But a man surde & mute is not compellable * 2.95 to atturn, 26. E. 3. 62.

* 2.96Nor a man non sanae memoriae, as a mad man, a lunatick, an Ideot, 26. E. 3. 62.

Nor a Tenant by the curtesie for the feeble∣ness of his estate, 9. E. 3. 31.

He that is infeoffed by the Lord post stat. qui emptores; &c. is not compellable to atturn, for he holdeth of the Lord Paramount, 39. E. 3. 19.

* 2.97The Writ of per quae servitia ought to shew the quantitie of the Tenancy, H. 14. E: 3. for it is traversable, T. 20. E. 3. H. 26. H. 6.

All persons that may be Cognisees may have this Writ.

* 2.98Per quae servitia ought to be in the County where the Fine is knowledged, albeit the Ma∣nor be in one County, and the services in ano∣ther County, 21. E. 3. 18.

* 2.99Nonsuit in this action is not peremptory, 24. E. 3. 25. nor the death of the Cognisor after the note levyed.

* 2.100Per quae servitia lyeth a year or more after the note levyed, 29. E. 4. 46.

* 2.101After peremptory issue joyned the Tenant in per quae servitia may make Atturney, for if the issue be tryed against him, it doth counter∣vail atturnment, and then he may be distrain∣ed before Atturnment, 48. E. 3. 24. 39. E. 3. 26.

* 2.102Non tenure the day of the Note levyed, is a good barr in Per quae servitia, 8. H. 19. 21. H. 4. 72. * 2.103

It is also a good plea, that before the note levyed, the Cognisors granted the services to another, and that he thereupon did atturn, 9. E. 3. 31.

The Tenant in per quae servitia cannot dis∣claim, * 2.104 but may plead, non tenure ut supra. 21. H. 4. 72. * 2.105

After Judgment process is Distringas ad At∣turnandum, 4 E. 3. 2. E. 3. 9. 5. E. 4. 2.

* 2.106If the measne levy a Fine of his mesnaltie to A. for life, the remainder to B. in fee. A. bring∣eth a per quae servitia, and the Tenant attur∣neth, saving his Acquitaile, yet shall not he in the remainder avow, before he also acknow∣ledge the acquitaile, 18. E. 4. 7.

* 2.107But a Feme Covert cannot confess acquitaile in per quae servitia, because she is not examina∣ble in this suit, 9. E. 2. 45. E. 3.

* 2.108And the Tenant may atturn, saving acqui∣taile and warrantie, according to a Deed there∣of, M. 15. E. 3. 5. 5. H. 5. E. 3. Itinere North.

* 2.109A man may grant services before he have seisin thereof in Deed, H. 5. E. 2. Fitz. per quae servitia 22.

* 2.110It seemeth upon the grant of a Manor cum pertin. the services pass without attornment, as parcell of the Manor, and that the Lord may avow without Atturnment, 26. H. 6. Fitz. per quae servitia 21.

* 2.111If the Tenant in per quae servitia appear, and confess the Action at the distringas ad atturnan∣dum after Judgment, and will not atturn, he is punishable by imprisonment or Fine, at the discretion of the Court, as it seemeth 3. E. 3. Itiner. North. Fitz. per quae servitia 17.

* 2.112Coperceners, Joynt-tenants, and Tenantsin Common, may not fourch by essoine, to essoine severally, but have only one essoine, as one sole Tenant might have, w. i. c. 43. E. 3. E. 1. Rast. essoine 4.

Of the ingrossing of Fines.

VVHen the note of the Fine is made with the Custos brevium, if it be of Lands in possession, or when Atturnment is made, if it be of a Reversion, Remainder, Rents or services, then may it be ingrossed by the Chirographer.

* 2.113And the ingrossing of a Fine is nothing else but the entry of the Concord thereof with the Chirographer, and the writing and delive∣ry of the Indentures thereof. F. N. B. 147. a. 5 H. 4. c. 14. which be called the Chirograph of the Fine, and is made in form following, viz.

* 2.114This is the finall Concord made in the Court of the Lord Protector at Westminster from the day of Easter in 15. daies, In the year of our Lord God 1653. before O. L. R. W. and T. B. Justices of the Lord Protector, and other faithfull then there present, between A. B. Plaintiff, and L. C. deforcient, of ten Marks Rent with the Appurtenances in B. which P. D. of A. holdeth for term of his life, whereof plea of Covenant was Iummoned between them in the same Court, (that is to say) that the aforesaid L. hath granted for himself and his Heirs, that the aforesaid Rent with the ap∣purtenances which the aforesaid P. hold∣eth for Term of his life by the demise of

the aforesaid L. in the aforesaid Town, the day wherein this Concord was made, and which after the decease of him the said P. unto the aforesaid L. and his Heires ought to revert, after the decease of him the said P. * 2.115 shall wholly remain to the aforesaid A. and the heirs of his body begotten, to hold of the chief Lords of that Fee by the services which unto the aforesaid Rent do belong for ever. And if it happen that the same A. shall dye without heir of his body begotten, then after the decease of him the said A. the aforesaid Rent with the appurtenances, shall wholly re∣main to the right heirs of him the said A. to * 2.116 hold of the chief Lords of that Fee by the ser∣vices which unto the aforesaid Rent do belong for ever. And for this Grant, Fine and Con∣cord, the same A. hath given to the aforesaid L. one hundred Marks of silver.

And so of others according to the diversities of their cases.

Of the tabling of Fines ingrossed.

* 2.117THe Chirographer of Fines of the Common Pleas, for ever must write and make one table for every County where the Protectors Writ runneth, containing the contents of e∣very Fine that shall pass in any one Term, as the name of the County, Townes, and places

wherein the Tenements mentioned in any Fine be, the name of the Plaintiff and Deforcient, and of every Manor named in any Fine. And the first day of the next Term after the ingrossing of every such Fine, shall fix every of the said Tables in some open place of the Court of the Common Pleas, & so every day of the said Term during the sitting of the said Court: And the said Chirographer shall deliver to every Sheriff of every County, his Under Sheriff, or Deputie, * 2.118 fair written in Parchment, a perfect content of the Table so to be made for that Shire in the Term, that shall be next before the Assises to be holden in the ••ame County, or else be∣tween the Term and the said Assizes, to be set up the first day and every day of the next As∣sizes in some open place of the court, where the Justices of Assizes then shall sit to continue there so long, as they shall fit in the said Court, if either the Chirographer or Sheriff fail here∣in he forfeiteth five pound and the Chirogra∣phers see for every such Table is 4 d. 23. El. c. 3.

How many Proclamations are to be made upon Fines, and when.

FOur Proclamations only are now to be made upon every Fine with Proclamation, (to wit) one in the Term in which the Fine is ingrossed, and in every one of the three Terms

next ensuing the ingrossing thereof, one Pro∣clamation, 13. El. c. 2.

* 2.119But if any of the same Proclamations fail by reason of the adjournment of any of the said Terms by Writ of Adjournment duly made, yet is such Fine good, and a good Fine with Proclamations, as if the same had been pro∣claimed, 1 M. c. 7.

* 2.120But if any Proclamations be made upon a Sunday, it is error, because it is not dies Iuri∣dicus. Dyer fo. 128. Pl. 53. 55. 2. Eliz.

Of the Proclamation of Fines at the Assizes and generall Sessions how they must be certified.

* 2.121TO the end better notice of Fines may come to them to whom that appertaineth, it is ordained by the said Statute of 4. H. 7. c. 24. That the Just. of the Common place shall send * 2.122 a transcript of such Fines to the Justice of Assi∣ze in the Counties where the Land doth lye, to be proclaimed openly and solemnly at all the Assizes which shall be therein holden, within one year a••ter the ingrossing of such Fines, and that the like transcript be made to the Justices of Peace there to be proclaimed at four severall Sessions in the said Counties, and both the same Proclamations to be made and certified into the Common place the second day of the return of the Term then next following. And it is to

noted, that while the said fines are read, all pleas must cease. 4. H. 7. c. 24.

* 2.123The form of every such Proclamation is thus:

After the Cryer hath made O yes for silence, saying: O yes, les fines lies, or to that effect, the Chirographer or his Deputie, readeth the fines thus.

York. A fine with Proclamation between A. B. Plaintiff, and C. D. Deforcient, of Tenements in D. &c

* 2.124If the Cognisees in fines die before the In∣grossing thereof, no Proclamation shall be made, because they had their Election to have the fine with Proclamations or without, which Election is now by their death determined. Dyer fo. 254. Pl. 104. 8. El. Plow. fo. 266. b.

Of the Inrolment of all the part of Fines, at the ingrossing thereof, and Proclamations passed.

* 2.125BY the Statute of 23. El. c. 3. it is ordained, that there shall be for ever an office of Inrolment, called the Office of Inrolments of Fines and Recoveries. And the Justice of the Common Pleas for the time being, other than the Chief Justices shall have and take the care and charge of the Inrolments aforesaid, see the examinations thereof, and write their names

unto the Rolls thereof, and have and enjoy the said Office and the disposition thereof, and care∣fully see and look to the execution thereof, and have for the inrolment and examination of e∣very such Fine, six shillings eight pence.

* 2.126And for every exemplification of every such Inrolment of any fine five shillings; for one years search four pence, for every sheet of paper con∣taining fourteen lines, four pence.

* 2.127And the Justices of the Common place have power to take order in all things convenient for the said Inrolments, and upon examination in the said Court, to assesse fines and amercia∣ments upon persons offending, for their mis∣prision, contempts, or negligences for not do∣ing or misdoing of any thing, of in or concer∣ning any such fines, as they shall think meet and convenient, 23. El. c. 3.

And every Writ of Covenant and other Writ whereupon any fine is levyed, the return thereof, the Dedimus potestatem made for the knowledging thereof, the return thereof, the Concord, the Note, and foot of every such fi••e, the Proclamations made thereupon, and the Kings Silver, upon the request, or election of a∣ny person, may be inrolled in the said Office: and the Inrolments of the same, or of any part thereof, shall be of as good force and validity in the Law, to all intents for so much of any of them so inrolled, as the same being extant and remaining, were or ought by Law to be, 33 El. c. 3.

Of the exemplification of the parts of Fines inrolled.

WHen any of the parts of a Fine be in∣rolled according to the said Statute, then may the same be exemplified, either un∣der the Seal of the office, or under the great Seal of England: but to exemplifie such a Fine under the great Seal hath this Commodity.

That if any errors remain in the record of the same Fine, they be not amendable after the ex∣emplification thereof, 23 Eliz. c. 3. but i•• see∣meth this extendeth only to Fines levyed before the same statute, 23 Eliz. c. 3.

These inrollments and exemplifications seem very necessary, because that the privity and warrant of the said Court, many errors hapening in the former records thereof may be amended; and these inrolments will suffice, if the former Record thereof, or any part thereof, be imbe∣zelled, or otherwise defaced, 23 Eliz. c. 3.

The exemplification of a Fine inrolled according to the Statute of 23 El. c. 3.

OLiver Lord Protector, &c. To all to whom this present writing shall come, greeting. Know ye, that among the Inrolments of Writs,

and other things depending for Fines, accor∣ding to the form of the Statute, of the Term of Easter at Westminster, in the year of our Lord God, 1654. in the 7. Roll, it is thus contained, ss. Essex ss. Oliver Lord Protector of the Com∣mon-wealth of England, Scotland and Ire∣land, &c. To the Sheriff of Essex greeting. Command E. W. Esquire, and I. his wife, that justly, and without delay, they hold to I. W. and I. S. the Covenant between them made, of two Messuages, two Gardens, two Orchards, 20. Acres of Land, 20. Acres of Meadow, 40. Acres of Pasture, and 100. Acres of Furs and Heath, with the appurtenances in B. and W. And un∣less they shall do it, and the aforesaid I. and I. shall secure you for prosecuting their plaint, then summon by good summoners the aforesaid E. and I. that they be before our Justices at Westm. in 8. dayes of Saint Michael, to shew where∣fore they did it not; and have you there the sum∣moners, and this Writ. Witness my self at West∣minster the 13. day of September, in the year, &c. Pledges of prosecuting, John Doo, Richard Roo, summoners, John Den, Richard Fen, John T. Esquire Sheriff, ss. I. W. giveth to the Lord Pro∣tector six Shillings and eight pence for a license of Concord, with E. W. Esquire, and I. his wife of a plea of Covenant of 2. Messuages, 2. Gar∣dens, 2. Orchards, 20. Acres of Land, 20. Acres of Meadow, 10. Acres of Pasture, and 100. Acres of Furs and Heath, with the appur∣tenans in B. and W. And he hath a Certiorari by the peace admitted, before R. H. one of the Justices of the Lord Protector of the Bench, Justice in the Countrey, ss. Oliver Lord Prote∣ctor,

&c. to his beloved and faithfull R. H. one of his Justices of the Bench greeting. Where∣as our Writ of Covenant dependeth before you and your Associates, our Justices of the Bench, between I. W. and I. S. E. W. Esquire, and I. his wife, of 2. Messuages, 2. Gardens, 2. Or∣chards, 20. Acres of Land, 20. Acres of Mea∣dow, in B. and W. in the County of Essex, to Le∣vy a Fine thereof between them before you and your Associates aforesaid, in the Bench afore∣said, according to the Law and Custome of our Common-wealth of England; and the same E. and I. are of themselves so impotent, that with∣out very great danger of their bodies, unto West. at the day in the Writ aforesaid contained, to the knowledgements, which in this behalf are required to be made, to travail they are not suf∣ficient as we have received: we tendring the state of the same E. and I. in this behalf, have given you power to receive the recognizances which the aforesaid E. and I. before you shall make of the premises. And therefore we com∣mand you, that unto the aforesaid E. and I. per∣sonally going, their cognizances aforesaid ye receive: And when he have received them, your aforesaid Associates thereof, under your Seales distinctly, and openly ye certifie, that then that Fine between the parties of the pre∣mises before you, and your Associates aforesaid, in the Bench aforesaid may be levied, accor∣ding to the Law and custome aforesaid; And have you there then this Writ, witness my self at Westminster the 27. of September, in the year, &c. The answer of the within named R. H. unto this Writ; The execution of this Writ

appeareth in a certain Schedule to this Writ annexed. And the Concord is such, (that is to say) that E. and I. in the Writ to this Sche∣dule annexed, have reknowledged the Tene∣ments in the said Writ specified, with the ap∣purtenances, to be the right of I. W. in the same Writ named, as those which the same I. and I. S. in the said Writ named, have of the gift of the aforesaid E. and I. and those they have re∣mised, and quit claimed from themselves, and their heirs, to the aforesaid I. and I. and the heirs of him the said I. W. for ever. And fur∣thermore the same E. and I. have granted for themselves, and the heirs of him the said I. that they will warrant the tenements aforesaid, with the apputtenances, to the aforesaid I. and I. and the heirs of him the said I. W. against all men for ever. And for this, &c. the same I. W. and I. S. have granted the Tenements aforesaid, with the appurtenances to the aforesaid E. & I. and the heirs of the body of him the said E. by the aforesaid I. lawfully begotten, and for want of such issue, the tenements aforesaid, with the appurtenances, shall wholly remain to the afore∣said I. and the heirs of the body of him the said I. lawfully begotten, and for default of such is∣sue, the tenements aforesaid, with the appurte∣nances, shall wholy remain to the right heirs of him the said E. for ever. To hold, &c. R. H. S. This is the finall concord made in the Court of the Lord Protector at Westminster, in 8. dayes of Saint Michael, in the year, &c. before I. D. R. W. I. W. and R. H. Justices and other of the Lord Protectors faithfull then there present, between I. W. and I. S. plaintiffs, and E. W. Es∣quire,

and I. his wife deforcients of 2. Messu∣ages, 2. Gardens, 2. Orchards, 20. Acres of Meadow, 40. Acres of pasture, and 100. Acres of Furs, and Heath, with the appurtenances in B. and W. whereof plea of Covenant was sum∣moned between them in the same Court, to wit, that the aforesaid E. and I. have recogni∣zed the aforesaud tenementss, with the appurte∣nances, to be the right of him the said I. W. as those which the same I. and I. S. have by the gift of the aforesaid E. and I. And those they have remised and quite claimed from them the said E. and I. and their heirs, to the aforesaid I. and I. and the heirs of him the said W. for ever. And furthermore the same E. and I. have gran∣ted for themselves, and the heirs of him the said I. that they will warrant to the aforesaid I. and I. and the heirs of him the said I. W. the afore∣said tenements with the appurtenances, against all men for ever. And for this recognizance, remise, quite claim, warranty, Fine and Concord, the same I. and I. have granted to the aforesaid E. and I. the aforesaid tenements with the ap∣purtenances. 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 be∣gotten, then after the decease of them the said E. and I. the aforesaid tenements with the ap∣purtenances 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 tene∣ments 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 se∣cond 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 Pro∣clamation, the 17. day of May, the same Term. The eleventh Proclamation, the 23. day of May, in the same Term. The 12. Proclamati∣on, 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 Procla∣mation, 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 Cog∣nisee 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 re∣mainder to the heirs of the body of the hus∣band, and the wife dieth without issue, the re∣mainder is executed in posseshon in the hus∣band, for the estate taile meeteth with the free∣hold, and drowneth it, 7 H. 4. 23.

Execution of Fines by Writ.

EXecution of Fines by Writ, is either by ha∣bere 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. * 2.128 his seisin of the Messuages, with the appurte∣nances, 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 Sove∣raign 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 deforci∣ents, of four shillings rent, with the appurte∣nances * 2.129 in S. whereof the aforesaid G. in our Court, &c. prayeth Execution against the afore∣said 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 shil∣lings rent with the appurtenances, as by the same Fine it is supposed, by which the afore∣said E. execution of the aforesaid four shillings rent, with the appurtenances against the afore∣said 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 exe∣cution 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. * 2.130

Know you, that it is ordered in our Court, that W. L. and others, &c. have execution a∣gainst W. T. of ten Acres of Land, with the appurtenances in D. by virtue of a Fine thereof levyed in the Court of the Soveraign Lord Charles late King. &c. at Westminster, from the day, &c. in the year, &c. before R. B. and his

Associates then Justices of the Bench aforesaid between I. G. the younger, and W. G. plaintiffs and E. P. and M. his wife deforcients of the a∣foresaid ten Acres of Land with the appurte∣nances, and of other Lands and Tenements in the same Fine contained by the cognizance of the aforesaid W: T. of the Action of the afore∣said W. L. and others, and therefore we com∣mand you, that to the same W. L. and others of the aforesaid ten Acres of Land, with the appur∣tenances, without delay plenary seisin you cause to have, &c.

Know you, that it is ordered in our Court, &c. * 2.131 That T. B. Cozen and heir of W. brother of P. son of W. and M. his wife, have execution against R. R. &c. of 40. Acres of wood with the appurtenances, in B. by virtue of a Fine in the Court of the Soveraign Lord Charles late King, &c. at Westminster, &c. between the afore∣said W. and M. plaintiffs, and W. of B. and R. son of W. &c. deforcients, &c. of the tenements aforesaid, levied by default of them the said, &c. And therefore we command you, that the same T. B. of the aforesaid tenements, with the ap∣purtenances without delay, plenary seisin, and execution you cause to have, witness, &c.

OLiver, &c. to the Sheriff greeting, know * 2.132 you, that it is ordered in our Court before our Justices at Westm. that T. B. Cozen and heir of W. B. have execution against R. D. of the Manor of A. with the appurtenances in your County, by virtue of a Fine levyed in the Court of the Soveraign Lord Charles late King of Eng∣land, &c. at Westminster, from the day, &c. in the

year, &c. before R. B. and his Associates then Justices of him the said late King, of the * 2.133 Bench; and afterwards in eight, &c. in the ye••r, &c. there granted and recorded between the aforesaid W. plaintiff, and A. deforcient, of the Manor aforesaid, by the default of him the said R. And therefore we command you, that to the same T. B. of the Manor aforesaid, with the appurtenances, without delay plenary seisin and excution you cause to have, T. &c.

Know you that it is ordered in our Court, &c. * 2.134 that R. M. and R. A. Cozen and heir of H. of B. and M. his wife, have execution against I. C. &c. of two parts of the Manor of Y. with the appurtenances, by virtue of a Fine levyed in the Court of the Soveraign Lord Charles late King, &c. at Westminster, in the morrow, &c. in the year, &c. before T. W. and his Associates then Justices, &c. of the Bench, between H. B. and M. his wife plaintiffs, and B. D. and B. his wife deforcients, of the aforesaid Manor, with the appurtenances, and of the Advowson of the Church of the same Manor, as by a certain Jury before our beloved and faithfull I. T. and W. A. two Justices of the Common Bench, by the form of our Statute thereof provided the day, &c. at R. thereof between them taken it was found. And therefore we command you, that to the same R. and R. of the two parts aforesaid with the appurtenances, without delay, execution * 2.135 and plenary seisin you cause to have, T. &c.

Of Execution of Fines by Scire facias.

A Writ of Scire facias upon a Fine lyeth in the same Case, that a Writ of Habere faci∣as seisinam doth, saving that it is to be sued a year and a day after the Fine is levyed, wher∣by the Sheriff is commanded to warn the terr∣tenant to appear, and shew cause, if he can, why the Cognisee, or his heirs, should not have execution, at the return whereof, if the Te∣nant appear, and shew no cause to the Contra∣ry, the plaintiff shall have an Habere facias seisi∣nam ut supra. And the form of divers Scire fa∣cias in like case ensue.

OLiver, &c. to the Sheriff greeting; Wher∣as a certain Fine was levyed in the Court * 2.136 of the Lord Protector at Westminster in eight dayes, &c. in the ••ear, &c. before R. H. and his Associates, our Justices of the Bench, between G. P. and I. his wife plaintiffs, by W. F. put in the place of them to gain or lose, and S. H. de∣forcient, of the Manor of C. with the appurte∣nances, whereof plea of Covenant was summo∣ned between them in the same Court, that is to say, that the aforesaid G. hath recognized the Manor aforesaid with the appurtenances to be the right of him the said S. as that which the same S. had by the gift of the aforesaid G. And for that recognizance, Fine and Concord, the

same S. did grant to the aforesaid G. and I. the * 2.137 aforesaid Manor with the appurtenances, and that to them he hath rendred in the same Court, To have and to hold to the same G. and I. and the heires which the same G. of the bo∣dy of her the said I. should had begotten of the aforesaid S. and his heirs for ever, yeelding therefore by the year, one Rose at the Feast, &c. for all service grant and action unto the afore∣said S. and his heirs belonging, and doing ther∣fore to the chief Lords of that Fee, for the fore∣said S. and his heirs all other services which unto that Mannor did belong: so that if it should happen that the aforesaid G. should die without heir of the body of him the said I. begot. then after the decease of them the said G. and I. * 2.138 the aforesaid Manor with the appurtenances should wholly remain to W. Brother of the same G. and the heirs of his body begotten to hold of the aforesaid S. and his heirs by the afore∣said services as aforesaid for ever, And if it should happen that the aforesaid W. should dye without heir of his body begotten then after the decease of him the said W. the aforesaid Manor with the appurtenances should wholly remain to I. Brother of the same W. and the heirs of his body begotten, to hold of the afore∣said S. and his heirs by the aforesaid services, as aforesaid for ever, And if it should happen the aforesaid I. to die without heir of his body be∣gotten then after the decease of him the said I. the aforesaid Manor with the appurtenances, should wholly remain to E. Brother of the same I. and the heirs of his body begotten to hold of the aforesaid S. and his heirs by the aforesaid

services, as aforesaid, for ever, And if it should happen that the aforesaid E. E. should dye with∣out heir of his body begotten, then after the de∣cease of him the said E. the aforesaid Manor with the appurtenances should wholly revert unto the aforesaid S. and his heires, quite from other the heirs of them the said C. and I. W. and I. and E. to hold of the chief Lords of that Fee by the services which unto that Manor should belong, for ever: And now by the informati∣on of I. L. and M. his wife being one, and T. V. and T. his wife being another, also of H. B. be∣ing the third, of the Cozens and heirs of the aforesaid G. and I. of their bodies begotten, we have received that the aforesaid G. and I. are dead. And that T. L. and R. I. into the afore∣said Manor with the appurtenances now are entred, and it they hold against the form of the Fine aforesaid, And for that we will those things which are done in our Court be duly de∣manded for execution, we command you, that by honest and lawfull men of your Bayliwick, you cause the aforesaid T. L. and R. to know that they be before our Justices at Westminster, in 8. dayes, &c. to shew if they have, or know any thing to say for themselves, wherefore the aforesaid Manor, with the appurtenances, which they hold in form aforesaid, after the death of the aforesaid G. & I. to the aforesaid M. T. and H. Cozens and heirs of them the said G. and I. of their bodies begotten, ought not to remain ac∣cording to the form of the Fine aforesaid, if it shall seem expedient to them; and have you there the names of them, by whom you shall cause them to know, and this Writ, witness, &c.

OLiver, To the Sheriff greeting; Whereas * 2.139 a certain Fine was levyed in the Court of the Soveraign Lord James late King, &c. tali die & Anno, before A. and his Associates then Justces of the same Soveraign Lord James, of the Bench, between W. plaintiff, & R. Deforcient, of the Manor of T. with the appurtenances whereof plea of Covenant was summoned be∣tween them in the same C. to wit, that the afore∣said R. hath recognized the aforesaid Manor with the appurtenances to be the right of him the said W. as that which the same W. had by the gift of the aforesaid R. and for that recog∣nizance, Fine and Concord, the same W. had granted to the aforesaid R. the aforesaid Ma∣nor, with the appurtenances, to have & to hold to the same R. of the aforesaid W. and his Heirs Males of his body begotten, all the life of him the said R. yeelding therefore by the year, &c. And after the decease of him the said R. the a-aforesaid Manor, with the appurtenances, shall wholly remain unto the aforesaid W. and his Heirs quite from the Heirs of the aforesaid R. to * 2.140 hold of the chief Lords of the Fee by the ser∣vices which unto that Manor should belong for ever, and if it should happen that the aforesaid R. should dye without Heir Male of his body begotten, the aforesaid Manor, with the ap∣purtenances; should wholly remain to T. Bro∣ther of him the said W. and to the Heires Males of his body begotten, to hold of the chief Lords of that Fee, by the services aforesaid, for ever; and now by the insinuation of A. son and Heir of the aforesaid T. we have received that the a∣foresaid

R. is now dead, and that the aforesaid W. dyed without Heir Male of his body begot∣ten, and that I. into one Messuage, &c. with the appurtenances, which were parcell of the Ma∣nor aforesaid now is entred, and those holdeth against the form of the Fine aforesaid. And for that we will those things, &c. if he hath or knoweth any thing to say for himself, wherefore the aforesaid tenement, with the appurtenances, to the aforesaid A. son and heir of the aforesaid T. ought not to remain according to the form of the Fine aforesaid, if it shall seem expedient to him, &c. And have you, ▪ c.

* 2.141And now here at this day came as well the aforesaid I. S. by S. his Artorney, as the afore∣said W. and A. by F. his Atturney, and the She∣riff returned, that he caused the same W. and A. to know of being here at this day to shew severally in form aforesaid, by R. and F. ho∣nest, &c. And hereupon the aforesaid I. saith. that he is Cozen and Heir of the aforesaid I. and * 2.142 E. that is to say, &c. and prayeth against the aforesaid W. and A. severally execution in form aforesaid, &c.

And now the aforesaid W. and A. as to the * 2.143 aforesaid tenements, whereof execution against them is prosecuted, and the aforesaid R. and I. as to the aforesaid tenements, whereof execu∣tion against them is severally prayed, severally do say, that neither the aforesaid I. nor the aforesaid W. and B. whom by the Fine aforesaid he supposeth to be parties of that Fine, have nothing in the tenements aforesaid with the appurtenances, whereof execution against W. and A. is severally prayed, at the time of the

levying of the same Fine, but that one I. and C. was thereof seised at the time of the levying of that Fine, of which estate of the said I. C. in those tenements, whereof execution against them is prayed, which the aforesaid R. and I. severally have in the tenements aforesaid, wher∣of execution against them is severally prayed, they severally pray Judgement, whether the aforesaid I. execution thereof against them * 2.144 ought to have, &c. And the aforesaid I. saith, that at the time of the levying of that Fine the aforesaid I. and I. who were parties of that Fine were seised of the tenements aforesaid * 2.145 with the appurtenances, whereof execution against the aforesaid W. and A. severally in form, and manner aforesaid is prosecuted, as by that Fine it is supposed; And this he prayeth, &c. therefore 12, &c.

A Scire Facias upon a Fine.

WHereas a certain Fine was levyed in the Court of the Soveraign Lord E. heretofore King of England, our Grand-father, from the day of the Holy Trinity in 15. dayes, in the year, &c. before I. of B. and his Associ∣ates then Justices itinerate of him our said Grand-Father, at York, between Alan plaintiff, and A. defendant of ten pounds of

Land, with the appurtenances in A. in the Ma∣nor of L. in the County of N whereof plea of Covenant was summoned between them in the same Court, (to wit) that the aforesaid Alane hath recognized the aforesaid tenements with the appurtenances, as in his demeasne Rents, &c. and in all other things unto the aforesaid tene∣ments belonging, to be the right of him the said Alane, furthermore the same A. hath given & gran¦ted to the aforesaid Alane, five marks of rent, with the appurtenances in A. in the County of R. and all the Manor of B. with the appurtenances in your County, as in his demeasne, &c. To have & to hold to the same Alane, and E. his wife, and the Heirs of the bodies of them the said Alane and E. begotten, of the chief Lords of those Fees for ever, doing therefore all the services, wkich unto the aforesaid tenements should be∣long, and the aforesaid A. and his Heirs, did warrant to the same Alane and E. and their Heirs aforesaid, all the aforesaid tenements, with the appurtenances, by the aforesaid services, against all Nations for ever, and if it should happen that the aforesaid A. and E. should dye without Heir of the bodies of them the said Alane, and E. begotten, &c. And the aforesaid A. and his Heirs did warrant to the same Alane and E: and their Heirs aforesaid, all the afore∣said tenements, with the appurtenances, by the aforesaid services, against all Nations for ever, and if it should happen that the aforesaid A. and E. should dye without Heirs of the bodies of them the said Alane and E. begotten, after rhe decease of them the said Alane and E. the afore∣said tenements, with the appurtenances, unto

the aforesaid Alane and his Heirs, wholly should revert quite from other Heirs of them the said A. and E. for ever, and now by the insinuation of Anthony de L. and I. Cozens and Heirs of the aforesaid Alane we have received that the afore∣said Alane and E. are now dead, and that John Son and Heir of the same Alane and E. died with∣out Heir of his body begotten, and also William Son of the aforesaid Alane and E. and Brother and Heir of the aforesaid John now is dead without Heir of his body begotten, and that one Joan, which was the wise of John of W. in∣to the aforesaid Manor of B. with the appurte∣nances is entred, and that holdeth contrary to the form of the Fine aforesaid. And therefore we commanded you, that by good and lawfull men of your County, you should cause to know to the aforesaid Joan, that she should be before our Justices at Westminster, from the day of Saint Michael in 15. dayes last past, to shew if she might have, or could know any thing to say for her self, wherefore the aforesaid Manor of B. with the appurtenances, to the aforesaid An∣thony, and I. Cozens and Heirs of the aforesaid Alane should not revert, if it did seem expedi∣ent to her; and for that the same I. afterward in our said Court said, that the aforesaid Anthony prosecuted execution of the Fine aforesaid of the moiety of the Manor of B. against the afore∣said Joan: the same Joan came in the same Court and said, that she holdeth the aforesaid Manor of B. with the appurtenances, by the name of the Manor of R. by the demise of N. of C. and that the reversion thereof, after the death of the same Joan, unto the aforesaid N. belongeth

without whom she cannot answer to the afore∣said Antbony of the aforesaid moiety of the Ma∣nor aforesaid, and prayeth aid of him the said Nicholas. And therefore we command you that by good, &c. you cause to know to the aforesaid N. that he be, &c. at Westminster, from the day, &c. to answer to the aforesaid A. toge∣ther with the aforesaid Joan, of the aforesaid Plea, if he will; And have you their the names, &c. T. &c.

Whereas a certain Fine was levyed in the * 2.146 Court of the Soveraign Lord E. late King of England, our Grand-father, in the Term of the Holy Trinity in the year, &c. before A. and his Associates then Justices itinerate of him our said Grand-father at E. between B. plaintiff, and C. deforcient of ten pounds of rent with the appurtenances in B. in the Manor of S. in the County of E. whereof Plea of Covenant was summoned between them in the same Court, (to wit) that the aforesaid C. did recognize the tenements aforesaid, with the appurtenances, as in his demeasne rents, &c. and in all other things unto the aforesaid tenements belonging, to be the right of him the said B. furthermore the same C. did give, and grant to the aforesaid B. five marks of rent, with the appurtenances in A. in the County of S. and all the Manor of D. with the appurtenances in the same County, as in his demeasnes, To have and to hold, to the same B. and E. his wife, and the Heirs of the bodies of them the said B. and E. issuing, of the chief Lords of the Fee for ever, doing therefore all the services, which unto the aforesaid tene∣ments should belong: And the aforesaid C. and

his Heirs did warrant to the same B. and E. and their Heires aforesaid all the aforesaid Manors, with their appurtenances, by the aforesaid ser∣vices against all Nations for ever: And if it hap∣pen that the aforesaid B. and E. should die with∣out Heir of the bodies of them the said B. and E. begotten, then after the decease of the aforesaid B. and E. the aforesaid tenements, with the appurtenances, unto the aforesaid C. and his Heirs should be wholly reverted quite from other Heirs of them the said B, and E. for ever: And now by the insinuation of R. and K. Co∣zens and Heirs of the aforesaid C. we have re∣ceived, that the aforesaid B. and E. are now dead, and that I. Son and Heir of the fame B. and E. died without Heir of his body begotten, and also W. Son of the aforesaid B. and E. Bro∣ther and Heir of the aforesaid I. is now dead, without Heir of his body issuing. And that one I. which was the wife of I. W. into the afore∣said Manor of D. with the appurtenances now is entred, and doth hold it against the form of the Fine aforesaid. And therefore we commanded you, that by honest, &c. you should cause to know to the aforesaid I. that he should be be∣fore, &c. (tali die) to shew if any thing, &c. wherefore the aforesaid Manor, with the ap∣purtenances to the aforesaid R. and K. Cozens and Heirs of the aforesaid C. should not revert, if it had seemed expedient to him, and for that, that the same K. afterward in our said Court, being come, and having said, that the aforesaid R. prosecuted execution of the Fine aforesaid of the moiety of the Manor aforesaid of D. with the appurtenances, against the aforesaid I. the

same I. (tali die) came in our said Court, and saith that she doth hold the Manor aforesaid of B. with the appurtenances, by the name of the Manor of R. by the demise of N. C. and that the reversion thereof, by the death of the aforesaid I. unto the aforesaid N. belongeth, without whom he cannot answer to the aforesaid R. of the aforesaid moiety, of the Manor aforesaid, and prayeth aid of him the said N. And ther∣fore we command you, that by honest, &c. you cause to know to the aforesaid N. that he be, &c. to answer to the aforesaid R. together with the aforesaid I. in the aforesaid Plea if he will, and have you, &c.

A Mittimus of the Transcript of the Fine, and a Scire Facias thereupon.

THe Soveraign Lord the King, hath sent to his Justices this his close Writ in these words, Edward, &c. (reciting all the Writ) the Tenour of the aforesaid Fine, whereof in the Writ aforesaid, mention is made (or thus.) The Transcript of the aforesaid Fine, whereof in the Writ aforesaid mention is made, followeth in these words. This is the finall Concord, &c. (reciting all, &c.) And now to wit, (tali die)

in that same Term, came here in Court, A. on * 2.147 the behalf of the aforesaid T. and saith, that the aforesaid R. is dead, and likewise that the afore∣said W. died without Heir-Male of his body be∣gotten, and that I. into one Messuage, &c. with the appurtenances, which are parcell of the Ma∣nor afore••aid, is now entred, and holdeth it against the form of the Fine aforesaid. And prayeth a Writ, to the Sheriff of S. to be dire∣cted to forewarn the aforesaid I. to be here, to shew, if he hath any thing, &c. wherefore the same Messuages, &c. with the appurtenances, which the said T. claimeth in form aforesaid, after the death of the aforesaid W. to the afore∣said T. being Cozen, and Heir of the aforesaid R. ought not to remain, according to the form of the Fine aforesaid, for as much as the afore∣said W. is dead without Heir-male of his body begotten, and it is granted to him returnable here (tale die) or thus, And by severall Writs, * 2.148 to wit, one to the Sheriff of the said County of B. another to the Sheriff of N. the third to the Sheriff of H. to be directed, to forewarn the same I. to be here, to shew, &c.

It was commanded to the Sheriff, whereas a certain Fine was levyed in the Court of the So∣veraign Lord, &c. (tali die & Anno) before, &c. Justices of him the said Soveraign Lord the King our progenitor, now of the Bench be∣tween W. and I. his wife plaintiffs, and I. E. de∣forcients of one Messuage, &c. with the appur∣tenances in L. whereof Plea of Covenant was summoned between them in the same Court, to wit, that the aforesaid W. did recognize the Tenements aforesaid, with the appurtenances,

to be the right of him the said I. as those which the same I. had by the gift of the aforesaid W. and for that recognizance, Fine, and Concord, the same I. did grant to the aforesaid W. and I. the aforesaid tenements, with the appurtenan∣ces, and those to them he did render in the * 2.149 same Court, To have and to hold to the same W. and I. and the Heirs of him the said W. of his body begotten, of the chief Lords of that Fee, by the services which unto the aforesaid tene∣ments should belong for ever, and if it happen that the same W. should die without Heir of his body begotten, then after the decease of them, the said W. and I. the aforesaid tenements, with the appurtenances, should wholly remain to I. Son of the same W. and the heirs of his body * 2.150 begotten, to hold of the chief Lords of that Fee, by the services, which unto the afores. tenements should belong for ever; And if it should happen the same I. to dye without Heir of his body be∣gotten, then after the decease of him the said I. the aforesaid tenements with the appurtenances should wholly remain to the right Heirs of him the said W. to hold of the chief Lords of that * 2.151 Fee, &c. ut supra. And now by the insinuation of T. being Cozen and Heir of the aforesaid I. Son of W. the King received that the same W. is dead, without Heir of his body begotten, and that the aforesaid I. is now dead; and that one A. into the tenements aforesaid, with the appurtenances, is now entred, and those he hol∣deth against the form of the Fine aforesaid, And for that, &c. that by honest, &c. you give the aforesaid A. to know that she should be here at this day, &c. to shew, if she hath any

thing, &c. wherefore the aforesaid tenements with the appurtenances, which she holdeth in form aforesaid, after the death of the aforesaid W. and I. his wife, to the aforesaid T. as Cozen and heir of the aforesaid I. son of W. ought not to remain according to the form of the Fine afore∣said if, &c. for as much as the aforesaid W. dyed without Heir of his body issuing, &c. And now here at this day, came as well the aforesaid T. by A. his Atturney, as the aforesaid A. by S. her Atturney, and the Sheriff returned that he had commanded I. L. Bayliff of the liberty, &c. to whom, &c. which said Sheriff thus answered, that he gave the aforesaid A. to know, to be here at this day, to shew in form aforesaid by T. and G. honest, &c. And hereupon the afore∣said, T. saith, that he is Cozen and Heir of the aforesaid I. being Son of W. to wit, Son of I. be∣ing Son of him the said I. being Son of W. and prayeth against the aforesaid A. executi∣on, &c.

* 2.152And hereupon the aforesaid W. H. saith, that the aforesaid W. Brother of G. in the Fine aforesaid, named at S. in the County of N. ta∣king one E. P. to him to wife, and the same E: taking him the said W. to her husband, they were together betrothed; and after banes be∣tween them, upon three holy dayes, being di∣stant from themselves in the Church, &c. pub∣lickly proclaimed, the spousals between them, in the face of that Church was celebrated, with∣in which spousall, the same W. and E. had issue between themselves, T. at H. in the same Coun∣ty of N. begotten and born, which said T. at T. in the County of N. in the Church of Saint A.

there took unto wife one N. and the same T. and N. after the spousall between them there celebrated, had issue between them, one H. there begotten and born, and the same H. at the said Town of N. in the same County, in the aforesaid Church, &c. took to wife one I. and the same H. and I. after the spousall between them there celebrated, had issue between them, the afore∣said W. H. begottē & born, who now prosecuteth, and so the same W. H. who now prosecuteth, saith, that he is Cozen and Heir of the aforesaid W. Brother of G: of the body of him the said W. Brother of G. begotten, (that is to say) Son of the aforesaid H. Son of the said T. Son of the same W. Brother of G. and prayeth against the aforesaid R. S. &c. execution, &c.

A Fine levyed to one by a Guardian.

THe Sheriff was commanded whereas a fine was levyed in the Court of the Soveraign Lord E. late King of England, &c. in Oct. &c. Anno, &c. before, &c. by a Writ of him the said late King, between S. P. and I. his wife, and S. son of the same S. and I. plaintiffs, by E. Gar∣dian, or keeper of him the said S. son of the same S. P. and I. to game, and W. P. parson of the Church of T. and I. H. Chaplain deforcients, of two Messuages, &c. with the appurtenances in T. S. and W. whereof Plea of Covenant was

summoned between them in the same Court, to wit, that the aforesaid S. P. did recognize the tenements aforesaid, with the appurtenances, to be the right of him the said W. as those which the same W. and I. then had by the gift of the aforesaid S. P. and for the same recognizance, Fine, and Concord, the same W. and I. did grant to the aforesaid S. P. and I. and S. son of the same S. and I. the aforesaid tenements, with the appurtenances, and those to them, they did render in the same Court, To have and to hold to the same S. P. and I. and S. son of the same S. and I. and the Heirs of him the said S. son of the same S. and I. of his body begotten, of the chief Lords of that Fee, by the services which unto the aforesaid tenement should belong for ever; and if it should happen, that the same S. son of the same S. and I. should dye, without Heir of his body begotten, then after the de∣cease of them, the said S. and I. and S. son of the same S. and I. the aforesaid tenements, with the appurtenances, should wholly remain to the Heirs-Males of the bodies of them, the said S. and I. issuing, to hold of the chief Lords of that Fee, by the services which unto the afore∣said tenements should belong for ever, and if no Heir-Male of the body of them, the said S. P. and I. should be begotten, then the aforesaid te∣nements, with the appurtenances, wholly should remain to M, sister of the aforesaid S. daughter of the aforesaid S. and I. and the Heirs of her body begotten, to hold of the chief Lords of that Fee, by the services which unto the afore∣said tenements should belong for ever; and if it should happen that the same M. should dye,

without Heir of her body begotten, then after the decease of her the said M. the aforesaid te∣nements, with the appurtenances, should whol∣ly remain to I. sister of the same M. and the Heirs of her body begotten, to hold of the chief Lords of that Fee, by the services which unto the aforesaid tenements should belong for ever, and if it should happen, that the same I. should die without heir of her body begotten, then after the decease of her, the said I. the aforesaid Tenements with the appurtenances, should wholly remain to the right heirs of the afore∣said S. P. to hold of the chief Lords of that Fee, by the services which unto the aforesaid te∣nements do belong for ever; and now by the insinuation of I. A. Cozen and heir of the afore∣said M. of her body begotten, the King did re∣ceive, that the aforesaid S. P. and I. are dead without Heir-male of their bodyes begotten, and the aforesaid S. son of the aforesaid S. and I. is dead without heir of his body begotten, and that the aforesaid M. is likewise dead; and that one R. L. and others into the Messuages, &c. * 2.153 aforesaid, with the appurtenances, is now en∣tred, and those they hold against the form of the Fine aforesaid, And for that, &c. you should give to the aforesaid R. L. and the o∣thers to know that they should be here at this day, to wit, (tale die) to shew, if they know, or have any thing, &c. wherefore the Messu∣ages aforesaid, with the appurtenances, which they hold in form aforesaid, after the death of the aforesaid S. P. and I. S. &c. and the afore∣said M. to the aforesaid I. A. Cozen and Heir of her the said M. of her body begotten, ought not

to remain according to the form of the Fine aforesaid, in so much as the aforesaid S. P. and I. are dead without Heir-male of their bodies begotten; and that the aforesaid S. son of the aforesaid S. and I. is dead, without heir of his body begotten, if, &c. And now here at this day, came as well the aforesaid I. A. by T. B. his Attorney, as the aforesaid R. L. and others, by I. K. their Attorney, & the Sheriff returneth, that he gave to the same R. and others, to know of being here at this day, to shew inform afore∣said, by I. C. and other honest, &c. whereupon the same I. A. saith, that he is Cozen and Heir of the aforesaid M. of her body begotten, (that is to say) son of I. son of W. son of S. son of the aforesaid M. And prayeth execution of the tenements aforesaid, to him to be a judged, &c. And the aforesaid R. L. and others say, that * 2.154 they cannot deny the knowledge of the Fine aforesaid, but that the aforesaid S. P. by that Fine, recognized the tenements aforesaid, with the appurtenances, to be the right of the afore∣said W. P. as those which the same W. and the aforesaid I. then had by the gift of the afore∣said S. P. and that, for the same recognizance, Fine, and Concord, the same W. and I. by that Fine did grant those tenements, to hold to the aforesaid S. P. and I. S. son of the same S. and I. and those to them did render in the same Court, To have and to hold to the same S. P. and I. S. son of the same S. and I. and the heirs of him the said S. son of the same S. and I. of his body begotten: So that if it should hap∣pen, that the same S. son of the same S. and I. should dye without Heir of his body begotten,

then after the decease of them the said S. P. and I. and S. son of the same S. and I. the aforesaid tenements with the appurtenances, should wholly remain to the heirs-males, of the bo∣dies 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 tene∣ments 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 * 2.155 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. a∣bove supposeth, and all and singular the premi∣ses * 2.156 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.

* 2.157And now here at this day came as well the aforesaid E. in his proper person as the afore∣said T. B. by W. his Atturney, And the She∣riff 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 * 2.158 the aforesaid T. saith, that the aforesaid E. exe∣cution, &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 Fa∣ther of E. one I. R: taking to wife, and the * 2.159 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 proclai∣med, and other things concurrent in that be∣half 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. afore∣said 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 a∣foresaid named, (the said W. being the youn∣ger) 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. after∣ward 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 afore∣said, 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 there∣of

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 execu∣tion, &c.

* 2.160And the aforesaid E. saith, that he from ha∣ving 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 cano∣nically 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 a∣foresaid 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 & exe∣cution, &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 ve∣nue, * 2.161 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 celebra∣ted, and prayeth against the aforesaid W. and A. execution, &c: And the aforesaid W. and A. know not any the matters in the Writ afore∣said, 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, prote∣sting 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 a∣foresaid 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 ••them ought not to have, for that he saith, that long after the death of the aforesaid I. L. of M. and before any spou∣sall 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 them∣selves 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 cou∣pled, and within the spousall all the life time of him the said I. of H. there continued, and be∣fore 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 afore∣said in form aforesaid did levy, and the afore∣said 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 afore∣said, and had issue one H. at C. aforesaid begot∣ten, and died, and from him the said N. de∣scended the aforesaid Manor of W. with the ap∣purtenances, 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 Ma∣nor, &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 ra∣ther 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 con∣tained,

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 Trea∣sury 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 appro∣ved, and confirmed fully appeareth; For Plea saith, that he from having execution of the said Manor of W. with the appurtenances, by vir∣tue 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. with∣out 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, There∣fore it is commanded, as well to the Sheriff of N. as to the Sheriff of S. that, &c.

* 2.162And the aforesaid P. saith, That the aforesaid W. execution against him ought not to have, be∣cause 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. ce∣lebrated, and this he is ready to verifie, where∣of 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 he putteth himself upon the Countrey. And the aforesaid W. likewise. Therefore, &c.

* 2.163And 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 s••me E. was born at C. in the County of S. be••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 advow∣son 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 begot∣ten, and this, &c. by the Countrey of the afore∣said 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, be∣tween the aforesaid W. and M. celebrated; and this as before he was ready to verifie by the Countrey, and as the Court here shall consi∣der, &c. And the aforesaid E. saith, that he was born, and was begotten within the espousal be∣tween 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 com∣manded to both Sheriffs of the Counties afore∣said, * 2.164 that both of them cause to come here (ta∣li die) twelve, &c. by whom, &c.

A Writ to the Bishop, to certifie Bastardy.

THe King to I. by the same grace, Lord Bi∣shop 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, meer∣ly belongeth to the Ecclesiasticall Court, we command you, that yee call forth before yee, a∣ny, 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 * 2.165 aforesaid I. B. by B. his Atturney, as the afores. I. H. in his proper person, and the Sheriff retur∣neth 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 * 2.166 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 ve∣rifie, whereupon he prayeth Judgement, whe∣ther the aforesaid I. B. execution of the Messu∣ages 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 afore∣said, with the appurtenances, against the afore∣said 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. a∣bove hath alledged, and he prayeth, that this may be inquired by the Countrey, and the afore∣said I. H. likewise, therfore 12. &c.

And the aforesaid T. R. as to eight Acres of Wood with the appurtenances, in the afore∣said Town of H. whereof execution now is pro∣secuted 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 ap∣purtenances, 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 appure∣nances commeth as of Free-hold, nor was at the day of the obtaining of the aforesaid Writ of the said Scire facias, or ever afterward, And this he is ready to verifie, whereupon as to that Rent with the appurtenances, he prayeth Judgement of the Writ, &c. And the aforesaid P. Son of P. as to the said Rent of 100. shil∣lings 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 en∣creaseth.

And saith, that the same T. then was deforcient of the same Rent, with the ap∣purtenances as of Free-hold, as by the same writ is supposed. And prayeth at his perill execu∣tion 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 afore∣said 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 levy∣ing 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 Coun∣trey, and the aforesaid T. R: likewise, there∣fore 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 de∣forcients of the rent aforesaid with the appur∣tenances, 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 * 2.167 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 * 2.168 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. with∣in 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 writ∣ten 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 there∣of 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.

* 2.169ANd a Scire Facias to execute a Fine, must agree with the Fine, and then it is not materiall, if one thing be twice demanded ther∣by, as a Manor, and a hundred parcell of the same Manor, 27 H. 8. 2.

* 2.170A Scire facis may be sued upon the note of the Fine, before it be ingrossed by the Chiro∣grapher, 22 H. 6. 13.

* 2.171But 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 remain∣der

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 Mitti∣mus, 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 execu∣tion 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.

* 2.172In a Scire facias to execute a Fine, as Cozen and Heir to him in the remainder or reversion, after the death of the particular tenant, the plaintiff needeth not to shew how Cozen and Heir, so long as the Plea hath continuance, by idem dies, &c. given to the tenant, nor at his appearance, nor untill the plaintiff pray execu∣tion: And then the * 2.173 Coment Cozen and Heir, is to be entred thus in the Roll only: And the

aforesaid I. saith, that he is Cozen and Heir of I. W. (that is to say) son and Heir of T. W. of the Brother and Heir of the same I. W. 33 H. 6. 54. 41 Ed. 3. 13. and 24. 8 H. 4. 31.

* 2.174In Scire facias by him in the remainder upon an estate tail against A. B. supposing the donee to be dead without issue, if A. B. plead that he is issue to the donee, and the plaintiff replyeth that he is a bastard, it is a good replication, 40 E 3. 16.

* 2.175Scire facias upon a Fine levyed to T. R. and W. and to the Heirs of the body of R. the re∣mainder to the right Heirs of the said W. T. di∣ed, and R. died without issue and W. survived and died, his Heirs need no Scire facias to execute this Fine, because it is executed in his life by the union of the Fee and Franktenement in W. 40 E. 3. 20. And so if a Fine be levyed to a Baron and Feme, and to W. and his Heirs, and he dieth, and then the Ba∣ron and feme do dye, the Fine is executed for one moiety in the life of W. Fitzh. Scire facias 19. 43 E. 3. 9. 24 E. 3. 57. * 2.176

Tenant for life in Scire facias had aid of him in remainder, 41 E. 3. fo. 16. & 20. 22 E. 3. 12.

* 2.177In formedone in reverter or remainder, the demandant must mention the death of every one which had estate, and survived his Ancestor, but not so in a Scire facias surfine, 42 E. 3. 19.

* 2.178If the plaintiff have severall estates created by one Fine, he needeth but one Writ of Scire facias, 43 E. 3. 11. though it be of severall things against severall tenants, 11 H. 4. 15. 21 E. 3. 14. 24 E. 3. 25.

* 2.179If in a Scire fa. the Sheriff return the party

summoned, and he appear not, execution shall be awarded, 43 E. 3. 13.

* 2.180If a Fine sur cognisance de droit come ceo, &c. be levyed of a reversion by the name of the Land, it is not executory, 43 E. 3. 15.

* 2.181If the services escheat after a Fine levyed of the Seigniory, the Cognisee shall have executi∣on of the Land escheated, 48 H. 3. 11.

* 2.182A Scire fa. lyeth sometimes of things not comprized in the Writ: as if in a Fine sur re∣lease, the Cognisee render rent in tail, 48 E. 3. 8.

* 2.183If Land be given by Fine for life, the remain∣der to Baron and Feme in tail, and the Baron dieth, and then the Tenant for life dieth, and the Feme entreth, the Fine is executed, so as their issue needeth no Scire facias, 49 E. 3 12.

* 2.184Scire fa. lyeth for the donor in tail, against any that abated after the death of the donee in tail, by Fine without issue, 22 E. 3. 12.

Upon generall non tenure pleaded, the plaintiff * 2.185 may take execution at his perill: But speciall non tenure seemeth a good Plea, 7 H. 6. 25:

A man shall not have excution upon nihil re∣turned, because the tenant may be summoned in the Land demanded, 24 E. 3. 25.

* 2.186If a Fine be levyed to husband and wife in tail, the remainder to his right Heirs, and they having issue, the husband dyeth, the wise hath issue by another husband and dieth, the issue by the first husband entreth and dyeth without issue, and his next heir entreth, as into the re∣mainder in Fee, against whom the issue by the second husband bringeth a Scire fa. and reco∣vereth by reason, that the Fee could never exe∣cute

in possession in the Elder Brother, during the State-tail, 24 E. 3. 30. and 62.

* 2.187Feoffment with warranty from the plaintiffs Ancestor, is a good Plea in a Scire fa. upon a Fine, 22 H. 6. 39.

The Heir shall have his age in Scire fa. Contr. Westm. 2. ca. 45. 24 E. 3. 28. and 60.

What Fines with Proclamations bar not the issue in Tail.

NO Fine levyed by tenant in tail, barreth his issue maintenant, but where the te∣nant in tail is Cognisor, as if tenant in tail bring a Writ of Covenant against an estranger, and he recognize the Land to be the right of the tenant in tail, as that which he hath of his gift, &c. and the tenant in tail, grant and render the Land to the Cognisor for years, yeelding rent, &c. and die, this Fine is void against the issue in tail, M. 10. and 11 Eliz. Dyer fo. 279. p. 7. 36 H. 8. Br. Fines 118.

A Fine with Proclamation levyed by tenant in tail, the reversion, or remainder being in the King, bindeth not the issue in tail, as it seemeth Br. Fines 121. But if such Lands were entailed by the King, such Fine barreth not the issue in tail, 32 H. 8. Cap. 36.

If an estranger levy a Fine to tenant in tail sur cognizance de droit come ceo que il ad de son do∣ne, and he rendreth to him a rent in Fee, and

dye after Proclamation, yet the issue in tail may avoid it, for he is remitted, and the rent is a∣nother thing then the Land, 15 E. Plo. fo. 435. per Thornton.

If tenant in tail of an Advowson, grant, and render by Fine the nomination of the Clerk, it is void, 15 Eliz. Plo. f. 435. b. per Thornton.

If tenant in tail of a rent disseife the Tenant of the Land, and levy a Fine with Proclamation of the Land, the issue in tail is not barred for the rent, because rhe Fine was not levyed of the rent, but of the Land, per Thornton, and granted 15 Eliz. Plo. f. 435. b.

If tenant in tail, grant a rent by Fine, his is∣sue may avoid it, 15 Eliz. Plo. 436. 14. A. ss. p. 4.

What time after a Fine levyed and Proclamation made, any man hath to enter, or claim by action, or other∣wise, and who are thereby barred forthwith, and who not.

Hitherto of the forms and execution of Fines, now let us see how they may be avoyded..

TO know what time persons that have cause toenter, or claim, may enter, or clai master a

Fine levyed, many things are to be weighed: for some persons have more time and some less, for the discussing of which question, we must not only consider the quality of the persons that should claim or enter, but also the quality of their rights and estates: And the persons be ei∣ther such as are void of impediments, or such as have impediments; and the same be either par∣ties, or privies to the Fine, or estrangers to the same. And again they have either present right, or future right, such have the same, either wholly after the fine, or partly before, & parr∣ly after: and some of them have but one title, and some divers; and others have no right to the Tenements comprised in the fine, but to some things therein, or issuing out of the same.

Parties to Fines, void of impediments at the time of the levying of the same, and their Heirs, are thereby barred presently, and have no time at all to avoid the same, by entry, or claim, 1 R. 3. ca. 7. 4 H. 7. ca. 24. whether they be persons having naturall capacities, or ci∣vill.

If they be such civill bodies, or corporations, as have in themselves absolute estate and autho∣rity of their possessions, so as they may maintain a Writ of right thereof, as Maior and Cominal∣ty, Dean and Chapter, Colledges, societies cor∣porate, and such like, and their successors, and barred by fines presently, Plo. 338. a T. 20. Eliz.

But Deans, Bishops, Priors, Abbots, Masters of Hospitals, Parsons, Vicars, Prebendaries, Chauntry Priests, and such like, which may not

have a Writ of right, but either a Juris utrum. Fitz. Nat. fol. 48. 1. or sine assensu Capituli fit. Nat. fo. 118. 1 are not barred by such fines if the patron and ordinary joyn not with them. Plo. 538. a. 20 Eliz. 375. b. 11. Eliz.

How privies in blood are bound in Fines.

ANd by the same Statutes, 1 R. 3. c. 7. 4 H. 7. c. 24. Privies in blood, as Heirs of the Cognisors, claiming by the same title, that their Ancestor had that levied the Fine, be barred presently thereby, whether they be void of im∣pediments or no. As if Land of Soccage te∣nure be given to a Baron and Feme, in speciall tail, the remainder to the right Heirs of the Baron in Fee, and the Baron sole levieth a fine with Proclamation to his own use in Fee, and after deviseth the same Lands to A. in Fee, and hath issue, and then the Baron and the Feme die, the issue in tail is barred, because he can∣not otherwise convey himself to the tail, and de∣scent in tail, than the Heir of the body, both of his Father and Mother, Tr. 18 Eliz. Dyer f. 251. p. 24. 9 H. 8. Dyer f. 3. p. 6. 32 H. 8. Br. Fine 109.

* 2.188So if husband and wife, tenants in speciall tail, have issue, and the wife die, and the hus∣band

Marry another wife and have issue, and le∣vy a fine, sur cognizance de droit come ceo, &c. and by the same fine, take estate in speciall tail, the remainder over, &c. and die, the issue by the first wife is barred, because he is privy in blood, the continuance of the possession in the husband notwithstanding, 32 E. 3 Dyer pl. 16 Eliz. f. 354. p. 31. and 32.

But if my Fathers Brother disseise him, and levy a fine with Proclamation, and my Father and Unckle within five years after Proclamati∣on die, yet may I avoid it by entry, at any time before the end of the said five years, notwith∣standing, that I am privy in blood unto my Unckle, for that my title to the Land; groweth by my Father, and not as Heir unto my Unckle, P. 19 H. 8. Dyer f. 3. p. 3.

Nevertheless, if my Father disseise my Grand∣father of an estate in Fee, and thereof levy a fine with Proclamation, and first my Grand-father, and then my Father die, I am now barred as privy, because I cannot otherwise convey my self to the Lands, than as Heir unto my Father the Cognisor, P. 19 H. 8. Dyer f. 3. p. 3.

Of Estrangers having present right and no impediment.

BUt Estrangers to fines (which be all per∣sons, not parties, nor privies) and being

void of impediments naturall and legall, and having present right to the Lands in the fine, have only five years after Proclamations, to en∣ter and claim their right, 1 R. 3. c. 7. 4 H. 7. c. 24.

* 2.189As if one have a remainder, or a reversion, depending upon an estate or years, or by Statute Staple, Statute Merchant, or elegit, and the ter∣mor be disseised, and a fine levyed, &c. and five years passed, they be all barred thereby: for that these termors might presently have en∣tred, and he in the reversion, or remainder for such disseisin, might have had an Assise. So the Statute, 4 H. 7. c. 24. seemeth to bar the Ter∣mors through negligence by this word Interest, which comprehendeth a Term, Pl. f. 374. a.

And if a Tenant in tail be disseised, and a fine levied with Proclamation, and five years past, and the tenant in tail dieth, the issue in tail is bound for ever, per Dyer and Catlin, for the right was present to the tenant in tail, at the time of the fine levyed, and he cannot claim, but by the same title which his Father had, which was barred in his life time, Plo. fo. 374. a Dy∣er fo. 3. Pl. 19 H. 8. 7.

The like it is of the Laches of him in the re∣mainder, or reversion, for it barreth him and his Heirs, Pl. fo. 374. a. Dyer fo. 3. p. 6.

Of Estrangers that have present right and impediment.

BUt Estrangers to fines pestred by impedi∣ments of infancy, coverture, madness,

idiocy, lunacy, imprisonment, or absence out of the Realm, at the levying of fines, and having then present right, or interest, have yet liberty five years after such infirmity removed to make entry, or claim, &c. 1 R. 3. c. 7. 4 H. 7. ca. 24.

* 2.190And therefore an Infant hath five years after, he accomplish his full age, (though he be in his Mothers womb) Plo. s. 367. a. because the Law intendeth, that Infants by reason of their tender years, do want understanding to know their right, and whether their entries be law∣full or no, And how to make their entries and claim, or bring their actions according to their title, Plo. fo. 359. 4 H. 7. c. 24.

Yet if my Fathers Brother disseise him, and levy a fine with Proclamation, and a year after the Proclamation my Father dyeth, And after, and within five years my Uncle dyeth, I by rea∣son of my Infancy, have only so much time to avoid the same, as at the death of my Father ••e∣mained to come of the five years next after the Proclamation, and not now five years, because I claim by the same title that my Father had, in whom the first five years were attached and begun, Dyer fo. 3. pl. 2. In like Maner, and for the same reason, if the Father, or Ancestor be disseised, and the disseisor levy a fine with Proclamation, and within five years after the Proclamation, the Ancestor dyeth, his Heir be∣ing within age, yet if he make not his entry, or claim, within the first five years after the Pro∣clamation, he is barred. Plow. f. 367. b. 377. a. And it is there adjudged.

* 2.191Madmen, and lunaticks, estrangers to fines,

have the like liberty to enter or claim, that In∣fants have for their indiscretion, 1 R. 3. c. 7 4 H. 7. c. 24. Yet as it seemeth, if nonsanity of me∣mory happen after the fine levyed, and before the last Proclamation be made, the parties be not tyed to make claim or entry, during the first five years, but shall have five years after they be cured of their said maladies, because they grow by the act of God, Plow. fol. 375. a. and 366. a.

* 2.192And a feme Covert being an estranger to a fine, hath five years after she be discovert to pur∣sue her right, for that during the Coverture, she wanted power to do the same, without her hus∣bands consent, who perchance would neither do it, nor suffer it to be done: howbeit, if a fe∣me sole being an estranger to a fine, and have present right, &c. take a husband, who suffe∣reth the five years to incur, she is thereby bar∣red for ever, because it was her own voluntary act and folly, to marry such a husband, Plow. fo. 336. a.

* 2.193Estrang. to fines, impris. at the time of the fine levyed, have the like liberty to avoid fines that Infants have, because the Law intendeth, that prisoners are so closely, and straightly kept from the conference of others, that they know not what happeneth abroad; and also want liberty to take counsell, and make their entries and claims, and therefore no laches is in this behalf imputed to them, Pl. f. 360. a. and 366. a. But if such imprisonment happen after the fine levyed, before the last Proclamation made, it seemeth he shall have five years after his enlargement, because the imprisonment is not his voluntary act, Pl. 375. a. 366. a.

An estranger to a fine being out of the realm, * 2.194 at the levying thereof, hath five years after his return to enter, or claim. But if he had been in England at the levying of the fine, and after had gone beyond the Seas, and suffered the five years after Proclamation to pass, he had been barred, Pl. f. 366. a. 7 Eliz. 4 H. 7. c. 24. But if he be sent beyond the Seas in the Kings ser∣vice by his commandement, it seemeth other∣wise.

* 2.195And such civill bodies, or corporations as have in themselves, absolute estate and authority of their possession, so as they may maintain a Writ of right thereof, as Mayor, and Communalty, Dean and Chapter, Colledges, Societies incor∣porate, and such like, they and their successors, are barred by fine and nonclaim by five years, Plo. f. 538. T. 7. 20 Eliz.

* 2.196But Deans, Bishops, Priors, Abbots, Masters of Hospitals, Parsons, Vicars, Prebendaries, Chauntry Priests and such like, having joynt power, and which may not have a Writ of right, but either a juris utrum, Fitz. Nat. f. 48. r. or sine Assensu capituli, Fitz. Nat. fo. 118. 1. are not barred by such fines, and non claim by five years, Pl. 538. a. 230. Eliz. 375. b. 11 Eliz.

Of Estrangers having divers defects.

ANd moreover Estrangers to fines, having divers defects, or infirmities, as infancy, coverture, non-sanity of memory, imprison∣ment, absence out of the realm, to avoid fines, must have five years after, the last of the said in∣firmities removed, Plo. 375. a.

But if they have divers impediments which be all once after the Proclamation removed, and after they fall into rhe like again and die, their Heirs are not to have new five years, but the first five years begun in their Ancestor's im∣mediatly after their first impediments so remo∣ved shall proceed, and non-claim of their Heirs, during all the residue of the said five years, binding them as their said Ancestors should have been bound thereby, if they had remained void of such impediments during all the said five years, Pl. f. 375. a.

Of Estrangers without impediments, having future right for cause pre∣cedent.

THus much of Estrangers to Fines, having present right; now of such as have future

right: which right is of two sorts: for it grow∣eth either wholly before the Proclamation, or partly before, and partly after the same.

And therefore Estrangers to fines void of the said impediments, whose right, title, claim, or interest first groweth, remaineth, descendeth, or commeth to them after the Proclamation, by force of any matter, or cause had, or made be∣fore the same, have only five years after such right, &c. first groweth, descendeth, remaineth, or commeth unto them, 1 R. 3. c. 7. 4 H. 7. c. 24. As if a Morgagee be disseised, and the dis∣seisor doth levy a fine with Proclamation, and the five years after the Proclamation, the mor∣gagee payeth or tendereth the money, according to his bargain, he may lawfully enter at any time, within 5. years after rhe said payment, or tender, because his title first accrueth there∣by after the Proclamations by reason of the con∣dition, and mortgage made before the same Pl. f. 378. a. b.

In like manner, and for the like cause, he which hath a remainder, or reversion depending upon an estate of Free-hold, hath five years, af∣ter that his remainder, or reversion accrueth, to enter, &c. And his Heir, if he die before en∣try, &c. hath only five years after the death of the particular tenant to enter, Plow. fol. 374. a. b.

And if tenant in tail levy a fine with Procla∣mation, after the five years he dieth without issue, the donor hath five years after his death, to bring his Formedon in reverter, because he is the first unto whom the right commeth after the Proclamation, for cause precedent, Plow. fo. 374. a.

And if tenant in tail discontinue in Fee, and the discontinuee levieth a fine with, &c. and five years do pass, and the tenant in tail dieth, yet his issue hath five years after his descender, to bring his Formedon in discender, because he is the first to whom the right of the entail com∣meth after Proclamation, by force of the gift in tail made before the fine, Plow. 374. a. 19 H. 8. 7. Dyer f. 3. p. 5.

Of Estrangers with impediments having future right.

ANd Estrangers to Fines, having future right for any cause precedent the fine, be∣ing affected with such impediments. when their right first accrueth, have five years after such impediments removed to pursue for the same, 1 R. 3. c. 7. 4 H. 7. c. 24. As Infants, as well those which be born, as those which be in their Mothers womb, when such right happeneth to them, Plo. f. 367. a. Femes Covert, Madmen, Lunaticks, Prisoners, persons beyond the Sea, as appeareth before, where it is spoken of them having present right, Plo. 366. a. 7 Eliz.

As if a man have issue, a son and a daughter, which son purchaseth Lands and dieth: and the daughter entreth as his Heir, and is disseised by A. who levyeth a fine, and five years pass with∣out claim. And ten years after the Father hath

another son which is Heir to his Brother, he shall have new five years after he come to his full age, because he is the first to whom the right descended after the Proclamation, by rea∣son of the discent which was before them, Plo. f. 374. b.

But if an Estranger to a fine to whom a re∣mainder or other title first accrueth after the fine do not pursue hls right within five years, he and his issue are barred for ever, 16 H. 8. Dyer f. 3. pl. 6.

And in like manner, if the first issue in tail to whom the title of the intail first accrueth, neg∣lect his five years, the whole estate tail is there∣by bound for ever, 32 H. 8. Br. fines 100.

If he which abateth after the death of a te∣nant in Fee, make a Feoffment upon condition, and the Feoffee levy a fine, and five years after Proclamation pass without entry, or claim, made by his Heir, the Heir is barred: But if afterwards the condition be broken, and the a∣bator therefore enter, then the Heir may have an Assise of Mort dauncester against the abator, or entry upon him at any time, and he hath no defence. For if he plead in bar of the assise, the Fine levyed to the Cognisee, and that he hath his estate, the speciall matter of the abatement, condition and reentry, may be pleaded in de∣fence thereof, for he can never challenge privi∣ledge by the estate of the Cognisor, which he himself defeated, Plo. fol. 358. b. 7 Eliz.

Of Estrangers having no right for a∣ny cause before the Fine.

BUt Estrangers to Fines, having neither pre∣sent, nor future right, &c. at the levying thereof, by reason of any matter had before the fine, whose right groweth either intirely after the Proclamation, or partly before, or partly af∣rer, may enter or claim when they please, with∣in the time of the prescription.

As if the Father die seised, his eldest son be∣ing professed, and the younger son entreth, and is disseised, and a Fine with Proclamation levy∣ed, and after the elder son is deraigned, it see∣meth, he is bound to no time, Plo. f. 337. a.

* 2.197So if the husband levy a fine of his own Lands, whereof his wife is dowable, and die, and five years pass after his death, she is not barred of her dower; because her title to be endowed, accrued after the fine levyed, namely, by the death of her husband, for before his death, she had only possibility of dower, and not any right title, or interest thereunto, Plo. fo. 373.

And if a Tenant cease one year, and then a Fine with Proclamation is levyed: And after∣wards a Tenant ceaseth another year, the Lord may have his cessavit per biennium 20. years af∣ter the Proclamation made, because his right and title groweth partly before the Fine, and

partly after the fine levyed, that is at the end of the two years of his Tenants ceasser, Plo. fo. 373. b.

Of Estrangers having divers future rights by divers Titles.

BUt if Estrangers to Fines, have severall fu∣ture rights by divers titles growing at seve∣rall times, it seemes that they shall have several five years, to make entry, or claim, commen∣cing from such time, as their severall titles first accrue unto them: As if tenant for life, the re∣mainder in Fee, make a Feoffment in Fee: And the Feoffee levy a fine with, &c. and he in the remainder suffer the first five years to pass, he is by his laches barred of his entry, for the for∣feiture growing by the alienation of his tenant, during his tenant for life, because he had pre∣sent right at the levying of the fine, to enter for the same, yet if after the tenant for life do dye, he hath other five years, to bring his For∣medon in remainder, because that is a new title or right, by which he could not have his Forme∣don during his tenant for life. And he had his election, to take advantage of the forfeiture or not, Plo. f. 573, b. Quaere, for there ••atlyn think∣eth otherwise, because his right to the Land by the forfeiture accrued to him in the life time of his tenant for life.

If I. S. be tenant pur auter vie, the remain∣der to another for life, the remainder to the same I. in Fee, and I. S. is disseised, and the dis∣seisor levyeth a Fine with Proclamation, and the five years pass, I. S. is bound for his future, and present estate for life: But if cesuy qui vie, and he in the mean remainder die, now I. S. shall have other five years to enter for his re∣mainder in Fee, for it then first remaineth unto him by the death of him in the mean remain∣der, and cesuy qui vie for cause grown wholly before the fine, that is the State so made before, which is another title, Plowden 367. h. per Welsh. and divers Justices, Plo. 367. b.

In like manner, if Land be given to I. S. for the life of A. the remainder to him for the life of B. the remainder to him for the life of C. and he is disseised, and the disseisor levyeth a fine with Proclamation, now I. S. for his present right, hath five years by the first Saving of the St. 4 H: 7. ca. 24. And five years after the death of A. by the second Saving, which is of future right, and other five years after the death of B. for his second remainder, for quan∣do duo Jura in una persona concurrunt, aequum est acsi essent in diversis, Plo. 368. a.

If any man disseise a feme sole, and after mar∣ry her, and have issue by her, and the Baron is disseised before marriage, or after, and a fine with Proclamation levyed, first the Baron, and after the feme die within five years, the issue be∣ing of full age, the five years past, he is thereby bound as Heir to his Father, but hath other five years after the death of his Mother, to enter, for albeit it, is but one self same Land, yet the Heir

hath severall rights thereunto growing at seve∣rall times, the one as Heir to his Father, the o∣ther as Heir to his Mother, in regard whereof he hath severall times, Plow. 367. b.

So if the husband maketh a Feoffment of his wives Lands, upon condition, which is broken, he levyeth a fine which, &c. the husband hath issue by his wife and dieth, the first five years pass, and then the wife dieh, the Heir is barred of his entry, for the condition as Heir to his Fa∣ther, but shall have five years after the death of his Father, to claim, &c. because it is a title dif∣fering from that which did descend from his Father, accruing to him first by the death of his Mother, Plow. 167. a.

Estrangers to Fines, having neither present, nor future right to the te∣nements in the Fine, at the levying thereof, but only unto rents com∣mon, &c. issuing out of the same.

ANd Estrangers to fines having neither present, nor future right to the tenements in the fine, but to something in, or issuing out of the same, seem not barrable at all by any such fine, or non-claim. As if a Tenant in ancient demesne levy a fine with, &c. at the common

Law, of his Land in ancient demesne, the Lord in ancient demesne, may have his Writ of de∣ceipt, and thereby avoid the fine at any time, and thereupon his Tenant shall be restored to the Land, because the Lord claimeth not the Land, whereof the fine is levyed, but his ancient Seig∣niory, and services issuing out of the same, Plo. 370. b.

It seemeth such fines do not bar such estran∣gers, as have Rent, Common, way, Estovers, nor any such charge out of the Land, for it see∣meth, that these fines extend only to bind the estate, title, right, claim, entry, and interest, in and to the Land, and no profits to be taken out of the Lands, nor to take any power given to executors, or others to sell the Land. Br. tit. Fines 123.

Pleas to avoid Fines:

IT is a good Plea to say, That I. S. was seised tempore levac. and before the fine levyed, without that, that the parties in the fine had a∣ny thing therein, at the time of the fine levyed, 9 H. 4. 27. 3 H. 6: 27.

Or to say that the parties to a fine had no∣thing, &c. but A. B. whose estate he hath, And of this he putteth himself upon the Countrey, 33 H. 6. 18. 26 H. 6. f. 9. 42 E. 3. 20. 4 H. 4. 8. 14 H. 4. 33. 4 H. 7. c. 24.

If there be two R. D. of one name, and the

one levy a fine of the Land of the other, the o∣ther may avoid the fine by pleading, that there be two of one name, and the other R. D. levyed the fine, and not he: And in l••ke manner if any stranger levy a fine in the name of another that is owner of the Land, 34 H. 6. 19. Contr. ten. 19 H. 6. 44. because it is a matter of record, there∣fore he hath no other remedy in such case, but an Action of deceipt.

Neither parties to fines, not their Heirs may plead in avoydance thereof, that before the le∣vying, and at the levying of the same, and since the demandant, or plaintiff, or their Heirs, were alwayes seised of the Lands contained in the fine, or parcell thereof, St. de finibus 27 E. 1. ca. 1. 12 E. 4. 15. and 19. yet by Fairfax, if tenant in tail, the remainder in Fee, levy a fine sur cog∣cognizance de droit come ceo, &c. he in the re∣mainder may aver the continuance of possession, notwithstanding the fine, and Statute, because he is neither the party, nor his Heir, and so may a feme covert, where her husband sole levyeth the fine, 12 E. 4. 12.

The issue in tail may aver continuance of possession against a fine, sur cognizance de droit tantum, or surrender, but not against a fine, sur cognizance de droit come ceo▪ que il ad de son done, because that fine is executed, and the other executory, 12 E. 4. 15. and 19. 11 H. 4. 85.

Of a Writ of Error.

A Writ of error to reverse a fine, lyeth where there is error in any fine, and thereby not the record of the fine it self shall be removed, but the transcript thereof, upon which transcript of the note of the fine, the plaintiff may assign his errors: And if the Justices think, that the point assigned for error, is error, they may send for the note of the fine, and reverse the same, F. N. B. f. 20. f. As if a Baron and Feme levy a fine to an estranger, the feme being within age, they may have a Writ of error to reverse the fine, for this cause during her non-age. F. N. B. 21, d. 27. ass. pl. 17. 50. E. 3. 4. And when a fine is to be reversed by error, the course is for the plaintiff in the Writ, to have severall Writs of error, one directed to the chief Justice of the Court of Common Pleas, to certifie the Record and Process of the fine, another unto the Custos brevium of the same Court, to certifie the tran∣script of the foot of the fine, and the third un∣to the Chirographer, to certîfie the transcript of the record, and process of the fine: the severall forms, whereof he as followeth.

A Writ of Error directed unto the chief Justice of the Court of Com∣mon Pleas.

OLiver, &c. To his beloved and faithfull E. A. Knight greeting; Because in the Record and Process; and also in the levying of a certain fine in our Court before you, and your Associates, our Justices of the Bench at Westm. in eight dayes of Saint Michael last past, by our Writ of Covenant, between I. G. the Elder Esquire, M. his wife, and I. G. the younger Gent. plaintiffs, and G. H. deforcient, of the Manor of G. with the appurtenances, and of one Messuage, 15. Cottages, 15. Tofts, 4. Barns, 15. Gardens, 2. Orchards, 200. Acres of Land, 80. Acres of Medow, 100. Acres of Pasture, 6. Acres of Wood, 300. Acres of Moor, and Common of pasture for all manner of Beasts, with the ap∣purtenances in G. in the County of York levyed, manifest error hath intervened unto the great damage of him the said G. as by his plaint we have received, we willing in this behalf, that the error if any shall be, may in a due manner be corrected, and to the same G. full and speedy Ju∣stice be done, we command you that, the Re∣cord and Process of the fine aforesaid, with all things concerning the same, which in your cu∣stody are as it is said, to us under your Seal di∣stinctly and openly ye send and this Writ. So that we may have them in eight dayes of Saint

Hillary, wheresoever then we shall be in Eng∣land, that looking into the Record, and Process of the fine aforesaid, we may thereupon cause further to be done for amending that error, that which of right, and according to the Law and custome of our Common-wealth of England ought to be done, &c.

A Writ of error unto the Custos bre∣vium of the Court of Common Pleas.

OLiver, &c. To his beloved T. S. Esquire, Keeper of his Writs of the Bench gree∣ting; Because in the Record and Process, and also in the levying of a certain fine in our Court of the Bench at Westm. in eight dayes of Saint Michael last past, before E. A. Knight and his Associates our Justices of the Bench aforesaid, by our Writ of Covenant between, &c. of &c. we command you that the transcript of the foot of the fine aforesaid, with all things concerning those which in your custody are as it is said, to us under your Seal, &c. that looking into the transcript of the foot of the fine aforesaid, &c.

A writ of error unto the Chirographer of Fines.

OLiver, &c. To his beloved T. C. Esquire his Chirographer in the Bench greeting;

Because in the Record and Process, and also in the levying of a certain fine in our Court of the Bench at W. in eight dayes of Saint Michael last past, before E. A. Knight, and his Associates our Justices of the Bench aforesaid, by our Writ of Covenant between, &c. of, &c. we command you the transcript of the Record and Process of the fine aforesaid, with all things concerning those, which in your custody are as it is said, to us under your Seal distinctly and openly ye send, and this Writ, &c. that looking into the transcript of the Record and Process of the fine aforesaid, we may, &c.

And note that a Writ of Error is not main∣tainable by an Infant, to reverse a fine for his In∣fancy, but during his Infancy, 50 E. 3. 4. 17 E. 3. 52. 78. 27. lib. Ass. 53.

For what Errors, Fines, and Procla∣mations be not reversable.

NO Fines or Proclamations upon fines or common recoveries, shall be reversable by Writ of Error, for false or incongrunous latin, razure, interlining, misentring of any warrant of Atturney, or of any Proclamation, misreturning, or not returning of the Sheriff, or other want of form of words, and not of matter of substance, 23 Eliz. ca. 3.

Of error in the Proclamation of a fine.

IF error be in the Proclamation of a fine, they shall be reversed by Plea without Writ of error, but that fine nevertheless remaineth of good force still, for they are severall matters of Record, yet if error be in the fine, the Procla∣mations are void, because the fine is the first Re∣cord, whereupon the Ploclamations depend, and sublato subjecto tollitur accidens, Plo. 266. a. Dyer fol. 216. pa. 54. 4 Eliz.

Of a Certiorari.

IF a man have recovered, and before he have execution, the Records thereof be removed into the receipt or treasury, the plaintiff may have a Certiorari out of the Chancery to the Chamberlain and Treasurer, to remove the te∣nor of the Record, and Process thence into the Chancery. And when it is there, it may be sent thence by Mittimus into the Court whence it came, as the uper Bench, if it came thence, or into the Common-place, if it came thence, and there may execution be sued, 37 H. 6. 16.

A Certiorari with a Mittimus to renew a fine, bearing date before the fine come into the Chan∣cery, is good enough, 1 R. 3. 4.

In a Writ of error to reverse a fine, the Re∣cord

it self shall not be removed, but the tran∣script thereof, because a Record which com∣meth into the upper Bench, shall not be re∣manded: And if the Judgement be affirmed, there is no Chirographer to ingross the fine, 40 Ass. 19. 29. Ass. 43.

Yet 5. Mary it is holden that in a Writ of error upon a fine, the Record it self shall be cer∣tified, so that no more Proclamations shall be made thereupon, for if it be reversed, that en∣deth all: and if the fine be affirmed, the Record shall be sent into the Common-place by Mitti∣mus to be Proclaimed, and ingrossed; for if the transcript only should be removed, they might nevertheless proceed in the Common place, B. tit. Rec. 79. Ideo quaere.

A Certiorari of the transcript of the foot of a Fine.

OLiver, &c. To the Treasurer, and Chan∣cellors greeting; because for some certain causes, we will to be certified, or willing for certain causes to be certified, or for some certain causes to be certified, upon the tenor of the foot of a certain fine levyed in our Court before our Justices long ago, or last itinerate at N. in (Com. tali) by our Writ, or in the Court of the Sove∣raign Lord Ch. late King of England, &c. in the year, &c. before I. and his Associates then Ju∣stices, &c. of the Bench by his Writ, between A. Demandant, and B. Tenant, of one Messuage with the appurtenances in N. we command you, that you search in the Feet of the fines of the

same * 2.198 circuit at the time aforesaid levyed, or of the fines before the aforesaid Justices in the year aforesaid levyed, which are in our Treasury under your custody as they say, the transcript of the foot of the fine aforesaid to us into our Chan∣cery, under the Seal of our Exchequer distinctly and openly without delay you send;

And this Writ.

Teste, &c.

Otherwise of the tenor of the note of a Fine.

OLiver, &c. To his beloved Clerk W. gree∣ting; We willing, &c. upon the tenor of the note of a certain fine levied, &c. Anno, &c. between A: demandant, and C. Tenant, &c. we command you, that you search in the notes of the fines remaining in your custody, a transcript of the note aforesaid, to us in our Chancery under your Seal distinctly, and openly without delay, you send, and this Writ T. &c.

Otherwise before Justices now of the Bench.

A Fine levyed in our Court in the year, &c. before W. and his Associates then our Ju∣stices of the Bench by our Writ, between, &c.

A Mittimus of the Transcript of a Fine out of the Chancery into the Common place.

OLiver, &c. hath sent to the Justices here his Writ close in these words: Oliver, &c. To

his Justices of the Bench greeting; the tran∣script of the foot of a certain fine levyed in the Court, &c. before R. H. and his Associates then Justices, &c. of the Bench at Westm. by his Writ between G. P. and I. his wife plaintiffs and S. P. desorcient, of the Manor of C. with the ap∣purtenances to us in our Chancery of our mandate sent, to you we send, in these presents inter∣cluded, commanding that by the inspection a∣foresaid for the further prosecution of I. L. and M. his wife being one, and T. U. and T. his wife being another, and also of H. B. third Co∣zen and Heir of the aforesaid G. and I. of their bodies be gotten, you cause to be done, that which of right, and according to the Law and custome of our Common-wealth of England ought to be done, witness my self at Westminster, the eighth day of I. in the year, &c. The transcript of the foot of the fine, whereof mention is made in the Writ aforesaid followeth in these words: This is the finall Concord made in the Court of, &c. at Westm. in eight dayes of Saint Michael, in the year, &c. before R. H. W. B. P. M. W: H. L. T. and H. S. Justices and other faithfull then there present, between G. P. and I. his wife plaintiffs, by W. F. put in the steed of them to * 2.199 gain or lose, and S. P. deforcient of the Manor of C. with the appurtenances, whereof Plea of Covenant was summoned between them in the same Court, to wit, that the aforesaid G. hath recognized the aforesaid Manor with the ap∣purtenances to be the right of him the said S. as that which the same S. hath of the gift of the aforesaid G. And for this Recognizance, fine, and Concord, the same S. hath granted to the

aforesaid G. and I. the aforesaid Manor with the appurtenances, and that to them he hath rendred in the same Court, To have and to hold to the same G. and I. and the Heirs which the same G. of the body of her the said I. shall be∣get, * 2.200 from the aforesaid S. and his Heirs for ever, yeelding therefore by the year one Rose at the Feast of the Nativity of Saint John the Baptist, for all service, consideration, and exaction unto the aforesaid S. and his Heirs belonging. And * 2.201 doing therefore to the chief Lords of that Fee, for the aforesaid S. and his Heirs, all other ser∣vices, which unto that Manor do belong: And if it happen, that the aforesaid G. shall die with∣out * 2.202 Heir of the body of him the said I. begotten, then after the decease of them the said G. and I. the Manor aforesaid, with the appurtenances, shall wholy remain to I. Brother of the same G. and to the Heirs of his body begotten, to hold of the aforesaid S. and his Heirs by the aforesaid services as aforesaid for ever. And if it happen that the aforesaid W. shall dye without Heir of his body begotten, then after the decease of him the said W. the aforesaid Manor, with the ap∣purtenances, shall wholly remain to I. Brother of the same W. and the Heirs of his body be∣gotten, to hold of the aforesaid S. and his Heirs by the aforesaid services, as aforesaid for ever •• And if it happen that the aforesaid I. shall die without Heir of his body begotten, then after the decease of him the said I. the aforesaid Ma∣nor with the appurtenances, shall wholy remain to E. Brother of the same I. and to the Heirs of his body begotten, to hold of the aforesaid S. and his Heirs by the aforesaid services, as afore∣said

for ever. And if it happen, that the afore∣said E. shall die without Heir of his body be∣gotten, then after the decease of him the said E. the aforesaid Manor with the appurtenances, shall wholly revert unto the aforesaid S. and his * 2.203 Heirs, quite from other Heirs of them the said G. I. W. I. and E. to hold of the chief Lords of that Fee, by the services which unto that Ma∣nor do belong, for ever.

A Mittimus.

OLiver, &c. To the Justices of the Bench greeing; We send to you under the foot of our Seal, &c. or thus, The transcript of the foot, or thus, The tenor of the foot of a certain fine levyed in the Court of, &c. Anno, &c. before W. and his Associates then Justices of, &c. of the Bench at Westminster by our Writ, between I. plaintiff, and W. deforcient de tanto, &c. whom before us in our Chancery, we have caused to come to you, we send under the foot of our Seal, that in the plaint which is before you by our Writ, between I. son of I. demandant and E. tenant, of the same Messuage, &c. you may be able the more securely to proceed, &c. T. &c.

A Mittimus for the foot of a Fine.

THe Protector to his Bayliffs of S. greeting; Because in the levying of divers fines be∣fore

I. S. and W. W. late Bayliffs of the Town of S. between W. R. and M. his wise plaintiffs and W. T. deforcient of eight Messuages, &c. and of ten shillings of rent with the appurte∣nances in S. in the year, &c. according to the liberties to Burgesses of the Town aforesaid by the Charters of former Kings of England our predecessors, granted to be levyed, manifest error did intervene, as by the inspection of the tenours of the fines aforesaid, and also of the re∣cord and process of the levying thereof, which before us afterward at the sute of W. M. and * 2.204 H. W. of S: Cozens and Heirs of the aforesaid M. we caused to come, to us appeareth. And we in our Court before us, for the errors found in the levying of the fines aforesaid, and in the record, and process of the same, we have consi∣dered, that the feet of the fines aforesaid from files of the fines aforesaid be drawn of and cancelled; And therefore we command you, that the feet of the fines aforesaid, which are in your custody, you send before us (tali die) wheresoever we shall then ••e, &c. cancelled, according to our consideration abovesaid. And have ye there this Writ. T. &c.

Whether any but he which reserveth a fine, may reap benefit thereby.

IF the estate contained in a fine, be once within 15. years after Proclamations lawful∣ly defeated: That party hath there by lost his whole estate both against him, which did re∣vers the same, and all others which had right, or title paramount, and made no claim within

five years: Albeit he which brought his Action have not Judgemēt and execution within seven years after the Proclamations, Plow. f. 358. b.

In like manner, if there be tenant for life, the remainder for life, the remainder in Fee, and the first tenant for life alien, and the alience levy a fine with Proclamations, and the second tenant for life enter, or claim (as he may) he defeateth the fine against himself, and him in the remainder also, Plow. fo. 359. a. 7 Eliz.

Warrantia Chartae.

A Writ of Warrantia Chartae, lyeth where a man by deed of grant, Feoffment, release, or confirmation, or fine, or by exchange, bin∣deth himself and his Heirs to warrant the Land to another, who being tenant of the Land is impleaded for the Land, or rent out of the same, in an Assise, or in a Scire facias upon a fine, or in any other Action real, wherein the tenant may not vouch, he may sue a Warrantia Chartae against him and his Heirs, which made warran∣ty. And for a tenant by homage auncestrell, or any paiticular tenant upon reservation of rent, or for egalty of services upon partition, Fitz. Nat. fol. 134. d. f. g. h. Fitz. Nat. 135. c. 31 E. 3. 8 E. 4. 11.

The Writ of Warra. Chartae.

THe Protector, &c. That justly, &c. he war∣rant to D. one Messuage with the appurte∣nances in R. which he holdeth, and of him claymeth to hold, and whereof he hath his

Charter as he saith. And if, &c. or thus. The Manor of N. with the appurtenances, and the advowson of the same Town which he hol∣deth, &c. usque ihi, whereof he hath his Char∣ter, or the Charter of R. Father, or Mother, or other ancestor of the aforesaid H. whose Heir he is, as he saith. And unless, &c.

Of him, that or the same A. warrant to the aforesaid D. the Manors of N. and R. and the hundreds of F. and G. with the appurtenances, and the advowson of the Church of N. and ther∣fore we command you, &c.

But if a man infeoffe another with warran∣ty by deed, and the Feoffee infeoffe another, and take estate from him in Fee, the first war∣ranty is determined, because he is now in, of a new estate, Fitz. Nat. fo. 135. a.

So if A. disseise B. and enfeoffe C. with war∣ranty, who infeoffeth D. with warranty, upon whom an estranger entreth, in whose possession B. the disseisor releaseth his right, now all for∣mer 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.

* 2.205If 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.

* 2.206Warrantia Chartae lyeth against a villain, 48 E. 3. 17.

The Writ of Warrantia Chartae, must be sued hanging the principall Plea, and before Judge∣ment: as of Assise, or Entry in the nature of assise, 48 E. 3. 2••. 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 an∣swer upon the same, yet may a warrantia Char∣tae be sued before he be impleaded, quia timet implacitari, and the plaintiff shall recover in va∣lue pro loco & tempore, of such Lands as the de∣fendant 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 recove∣ry, 21 H. 6. 41. 21 H. 6. 22. 12 H. 4. 12.

* 2.207In warrantia Charitae, it is a good Plea for the defendant, that hanging the Plea, the deman∣dant 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.

* 2.208Warr. Chartae may be brought in any County, if the deed bear not date in a place certain, 31 E. 3.

* 2.209Tenants 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 clay∣meth to hold, and whereof the Charter of Isa∣bel 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 deforci∣ents, of the Messuage aforesaid with the appur∣tenances, among other Lands and tenements by * 2.210 the name of, &c. with the appurtenances in S. in the County aforesaid, by which fine the afore∣said R. and I. have granted for themselves, and the Heirs of him the said I. that 4. Acres of land, * 2.211 with the appurtenances of the aforesaid tene∣ment, 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 toge∣ther 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 * 2.212 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 bo∣dies issuing, then after the decase of them the said I. and I. the aforesaid tenements with the

appurtenances, as aforesaid, should wholly re∣vert 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 afore∣said tenement do belong for ever, and the afore∣said 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. ar∣raigned 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 thereup∣on they bring sute, &c.

* 2.213I. 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 ap∣purtenances 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 * 2.214 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 te∣nements aforesaid, with the appurtenances against all men for ever: And the same H. by virtue of that gift, o•• the tenements afore∣said was seised in his demeasne as of Fee, and one T. arraigned against him the said H. an assise of novel disseisin of the aforesaid Messuage and Lands with the appurtenances before I. M. and I. &c. Justices of the Lord Protector assigned to take the Assizes in the County aforesaid, whereby the same H. (that Assizes depending) often did re∣quire the aforesaid I. that he, the aforesaid Messuage, &c. with the appurtenances to the same H. would warrant, and the same I. that Messuage, &c. to the same H. hitherto to warrant hath denyed, and yet doth deny, whereupon he saith, &c. and thereupon pro∣duceth his sute, &c.

* 2.215And the aforesaid I. T. in his proper person commeth and defendeth the aforesaid wrong, &c. and saith that he cannot deny, but that the Charter aforesaid is the deed of him the said I. nor but that he gave by that Charter to the aforesaid H. the tene∣ments aforesaid with the appurtenances, nor but that he was held to warrant those tene∣ments

to the same H. in form as the same H. above against him hath declared. Ther∣fore * 2.216 it is considered, that the aforesaid I. should warrant to the aforesaid H. the Messuage aforesaid and Lands with the ap∣purtenances, for place and time, &c. there∣fore the same I. is in mercy, &c.

E. W. Gentleman was summoned to an∣swer I. B. Gent. and E. B. his Son of a Plea, that he warrant to them six Messu∣ages, three Gardens, &c. three Orchards with the appurtenances in the City of B. which they hold of him, and of him claim to hold, and whereof they have his Char∣ter, &c. And whereupon the same I. and E. by H. C. their Atturney say, that where∣as the aforesaid F. was lately seised of the tenements aforesaid with the appurtenances in his demeasne as of Fee, And so thereof being seised, a certain fine he levied in the Court of the Lord Protector now, here to wit, at Westminster, in eight dayes of Saint Michael in the year, &c. before I. D. H. B. A. B. and R. W. Justices, &c. And after∣wards from the day of Easter in fifteen dayes in the year, &c. there granted, and recorded, before the same Justices, and o∣ther of the said Lord Protectors faithfull then there present, between the aforesaid I. and E. plaintiffs, and the aforesaid F. de∣forcient of the tenements aforesaid with the appurtenances, whereof Plea of Cove∣nant

was summoned between them in the same Court, to wit, that the aforesaid F. did recognize the tenements aforesaid with the appurtenances, to be the right of him the said E. as those which the same E. and I. then had of the gift of the afore∣said F. and those he did remise, and quite claim from himself, and his Heirs to the aforesaid I. and E. and the Heirs of him the said E. for ever. And furthermore the same F. granted for himself and his Heirs; that he would warrant to the aforesaid I. and E. and the Heirs of him the said E. the aforesaid tenements with the appurtenances, against all men for ever: which said Fine in form aforesaid levyed, was had and le∣vyed to the use and behoof of the same I. and E. and the Heirs of the same E. for ever, under pretext whereof the same I. and E. were seised of the same Tenements with the appurtenances, scarsly the same E. in his demesne as of Fee, and the aforesaid I. in his demesne as of freehold. And so there∣of being seised one H. O. before the Mayor, and Sheriff of the Town aforesaid, on Wed∣nesday (to wit) the 28. day of April in the year, &c. at Guild-hall of the Citty afore∣said, arraigned a certain assise of fresh force, according to the custome of that City, in the nature of an Assise of novell disseisin at the Common Law, against the same I. B. and E. of the Tenements aforesaid with the ap∣purtenances, whereby the same I. and E.

hanging that Assise often required the afore∣said F. that he, the Tenements aforesaid with the appurtenances, to the same I. B. and E. and the Heirs of the same E. for ever would warrant. And the same F. those Tenements with the appurtenances, to the same I. and E. hitherto in form afore∣said to warrant hath denyed, whereupon they say, that they are the worse, and have damage to the value of two hundred pounds, and thereupon they produce their sute, &c.

And the aforesaid F. in his proper per∣son commeth and defendeth the force and injury, when &c. and saith, that he cannot deny the action aforesaid of I. and E. aforesaid, nor but that the Fine aforesaid, in form a∣foresaid, was levyed, nor but that he by that fine was held to warrant the Tene∣ments aforesaid with the appurtenances to the aforesaid I. and E. and the Heirs of her the said E. for ever in form as the same I. and E. above against him have declared, Therefore it is considered, that the aforesaid F. do warrant to the aforesaid I. and E. and the Heirs of her the said E. for ever, the Tenements aforesaid with the appurte∣nances, for place and time, &c. And no∣thing of mercy to the aforesaid F. because he came the first day by his, &c.

W. C. Esquire was summoned to answer,

E. B. Gent: of a Plea that he warrant to him 54. Acres of Land, 40. Acres of pa∣sture, and 6. Acres of wood with the ap∣purtenances in E. which he holdeth, and of him claimeth to hold, and whereof he hath his Charter, &c. And whereupon the same F. in his proper person saith, that whereas he was seised of the aforesaid Tenements with the appurtenances in his demesne as of Fee (and so thereof being seised the aforesaid W. by the name of W. C. of I. in the County of N. otherwise cal∣led W. C. of W. in the County of Suffolk Esquire, the tenth day of .I in the year, &c. by his certain writing, which the same E. with the Seal of the aforesaid W. Signed here in Court bringeth forth, the date whereof is the same day and year, reciting by the same writing, that whereas the same W. C. by the name of W. C of I. in the County of N. otherwise called W. C. of W. in the County of S. Esquire, together with his Brother C. C. of Lincolnes Inne, in the County of Middlesex Gent. by a cer∣tain Indenture, between the aforesaid W. and C. of the one part, and E. B. of Lin∣colnes Inne aforesaid Gent. of the other par∣ty, bearing date the tenth day of F. in the year, &c. bargained, and sold to the afore∣said E. all his estate and interest, of and in those parcels of Land, containing by esti∣mation seven Acres, whether it be more, or lesse there accounted, lying and being in

the Parish of E. in the County of R. now or late in the tenure, or occupation of one W. S. or his assignes, of which said par∣cels, one parcell called little S. otherwise called Q and containing by estimation six Acres, whether it be esteemed more or less, to have and to hold all the aforesaid Lands, and all other the premises, with all and sin∣gular their appurtenances to the aforesaid E. B. his Heirs and Assignes, to the sole and proper use and behoof of him the said E. B. his Heirs and Assignes for ever, as by the aforesaid Indenture more fully appeareth; and whereas also the same W. afterward, by the name of W. C. of I. in the County of N. Esquire, otherwise called W. C. of W. in the County of S. Esquire, together with his aforesaid Brother C. C. of Lincolnes Inne in the County of M. Gent. by a certain In∣denture, between the aforesaid W. C. of the one part, and the aforesaid E. B. of Lincolnes Inne in the County of M. Gent. of the other part made, bearing date the 19. day of October, in the year, &c. also bargained and sold to the aforesaid E. all the Lands, Woods, and Woodlands, and other heredi∣taments under-written, by whatsoever name, or whatsoever names they are called, repu∣ted, or known, viz. all those Lands called S. otherwise called Q. otherwise called great Q. and the Brome otherwise S. and the Brome and all other Lands and hereditaments what∣soever, containing by estimation 15. Acres,

whether it be there accounted more or less, by whatsoever name, or whasoever names the same he called, reputed, or known, now, or lately in the tenure, or occupation of the same T. B. by the demise of one I. C. of I. aforesaid Esquire then lately dead, which said parcels do lie, and are in E. in the Coun∣ty of R. And all those Lands now, or late∣ly in the tenure, or occupation of one P. W. of E. in the aforesaid County of R. lying and being in E. aforesaid, by reason of a demise to the same P. made by the aforesaid I. C. con∣taining by estimation five Acres, whether it be accounted more or less, and also all those Lands now, or lately in the tenure, or occu∣pation of one I. I. by the demise of the afore∣said I. C. to the same I. I. made: containing by estimation 48. Acres, whether it be estee∣med more or less, lying and being in divers severall parcels, in E. aforesaid, whereof some parcels are called, or known by the name of P. otherwise called, B. some other parcels there∣of are called, or known by the name of R. one other parcell thereof, is called, or known by the name of S. Dame. And also all those Woods, and Woodlands below specified, viz. E. W. containing by estimation two Acres, whether more or less it be there esteemed, the woodland, lying at knowel gate in E. aforesaid, containing by estimation, one Acre and three rods, whether it be more or less there estee∣med, all which are lying and being in E: a∣foresaid, to have and to hold all the aforesaid

Lands, Woods, and Woodlands, and all other the premises, with all and singular their ap∣purtenances, to the aforesaid E. B. his Heirs and Assignes to the sole and proper use and behoof of him the said E. B. his Heirs and As∣signes for ever. And whereas also the same W. together with the aforesaid C. his Bro∣ther afterwards (to wit,) in the Court of, &c. here at Westminster in eight dayes of Saint Michael in the year, &c. in part of ful∣filling of the grants and covenant in the afore∣said Indenture specified, recognized all the aforesaid Lands, Woods, and hereditaments, with their appurtenances, by the name, or names of 54. Acres of Land, 40. Acres of pasture, and 6. Acres of Wood with the appurtenances, in E. aforesaid to be the right of the aforesaid E. B. as those which the same E. B. then had of the gift of the aforesaid W. and the aforesaid C. his Brother, and those then he remised, and quite claimed from himself and his Heirs to the aforesaid E. and his Heirs for ever, and the aforesaid W. by the same writing here in Court brought forth, then approved, ratified, and confirmed to the same E. B. in his full and peaceable pos∣session and seisin of the premises being, all his right, title, estate, and Interest of and in the premises, all which Lands afore∣said pasture, woods, woodlands, and all and singular other the premises, with all and sin∣gular their appurtenances to the aforesaid E: his Heirs and Assignes, to the sole and proper

use and behoof of him the said E. his Heirs and assignes for ever. And hereupon the aforesaid W. C. by that writing, did oblige himself and his Heirs, to warrant to the same E. his Heirs and assignes for ever, all the aforesaid lands, woods, and woodlands, & all other the prem••ses with their appurtenances, against all men for ever, as by the aforesaid writing here in Court produced more fully it appeareth. And the same E. saith, that the aforesaid tenements in the Writ aforesaid specified, are the same tene∣ments mentioned in the aforesaid writing here in Court produced, and no other, nor divided, and that one H. R. of the tenements aforesaid with the appurtenances in form aforesaid, being seised, prosecuted against him the said E. B. a certain Writ of the Lord Protector of entry upon disseisin in le quibus of the tenements afore∣said with the appurtenances, whereby the same F. (hanging that Writ) hath often hitherto required the aforesa. W. C. that he the tenements with the appurtenances to the same E. would warrant, and the same W. the aforesaid tene∣ments with the appurtenances to the same E. hitherto to warrant hath denyed, and as yet doth deny, whereupon he saith, that he is the worse, and hath damage to the value of 300 l: and thereupon he produceth sute, &c.

And the aforesaid W. C. by T. B. his Attur∣ney commeth, and desendeth the force and injury when, &c. and saith, that he cannot deny the action aforesaid of E. aforesaid, nor, but that the aforesaid writing here in Court

produced, is the deed of him the said W. C. nor, but that he by the same writing, hath con∣firmed to the aforesaid E. the tenements afore∣said with the appurtenances, nor, but that he the aforesaid W. by that writing is held to war∣rant the tenements aforesaid with the appurte∣nances to the same E. in form as the same E. above against him hath declared, Therefore it is considered, that the aforesaid W. C. do war∣rant to the aforesaid E. the tenements aforesaid with the apputenances, for place and time, &c. And nothing of mercy of him the said W. be∣cause he came the first day by summoners, &c. Hil. 13. Ro. &c. let the like entry be made against C. C. mutatis mutandis. F. W. Gent was sum∣moned to answer W. R. of a Plea, that he war∣rant to him eight Messuages of 6. Gardens, 3. Orchards, 4. Acres of Land, 6. Acres of Mea∣dow, and 2. Acres of Pasture, with the ap∣purtenances in B. and B. which he holdeth, and of him claimeth to hold, and whereof he hath his Land, &c. And whereupon the same W. by W. C. his Atturney saith, that the aforesaid E. was lately seised of the tenements aforesaid, with the appurtenances in his demesne as of Fee, and so thereof being seised, the same F. 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 afore∣said 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 ap∣purtenances, 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, Ju∣stices of the same Lord Protector, at the Assizes in the County aforesaid, assigned to be taken according to the form of the Statute, &c. where∣by the same W. R. hanging that assise often re∣quired the aforesaid F. that he the aforesaid te∣nements with the appurtenances, to the same W. would warrant, and the same F. those tene∣ments 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 hun∣dred pounds, and thereupon he bringeth sute, &c.

OF RECOVERIES FOR Assurances, &c.

IN every recovery are to be regarded the de∣mandant, 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 dis∣continue, 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 vou∣cheth, or calleth to warranty for the Land in demand.

And such persons may be demandants, Te∣nants, and vouchees, in these recoveries, as may be cognizors, and cognizees, in Writs of Cove∣nant, and by such names, mutatis mutandis. Sa∣ving if that any recovery be had against tenant in

tail, the reversion, or remainder being in the Kings of England, their progenitors, and Suc∣cessors, 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 reco∣very 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 knowledg∣ed 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 Pro∣tectors 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 eve∣ry 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 on∣ly, 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 te∣nant 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 inhe∣ritance, and then to bring the Writ of entry against him, and after that the recovery is exe∣cuted, the particular tenant for breach of the condition may enter and enjoy his Term, not∣withstanding such surrender.

In a recovery with a single voucher, are in∣cluded 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 de∣mandant 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 recove∣ry by the second vouchee against the third, and in these recoveries, the demandant hath judge∣ment to recover the Land against the tenant, and the tenant hath likewise Judgement to re∣cover 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 sin∣gle 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 incum∣brances derived out of such reversions, or re∣mainders.

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 remain∣der, 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 tre∣ble voucher, is to make a perpetuall bar of the estates of the tenant, and of every such estate of inheritance, 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 pas∣sage 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 Re∣ctory 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 with∣in 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 hi∣da 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 pa∣sture 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 Ma∣risci, 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, Cot∣tage, 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 At∣turney, and one of the Justices Clerks.

If the Writ of Entry be returnable Crastino Martini, the Writ of Summons ad warr. there∣upon must bear teste from that return of Crasti∣no 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 She∣riff 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 re∣turned 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 retur∣ned before.

If a Writ of Covenant be brought against the tenant, and a Writ of Entre against the deman∣dant; 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 wil∣ling 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. joynt∣ly 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. cal∣led to warranty, did put in their places A. B. and F. R. joyntly and severally against the afore∣said 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 afore∣said to our Justices of the Bench at Westmin∣ster under your Seal distinctly and openly without delay you send, and this Writ; that the

same Justices looking into the warrants afore∣said 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 appur∣tenances 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 I. R. unto this Writ.

The execution of this Writ appeareth in a certain Schedule to this Writ annexed.

* 2.217Command H. S. that justly, &c. he render to R. P, otherwise W. C. and R. H. one Messuage, &c. with the appurtenances in T. and D. which he claimeth, &c:

* 2.218H. S. putteth in his place W. B. and R. C. joyntly and severally against R. P. otherwise W. and R. H. of a Plea of Land.

Taken and knowledged at W. in the Coun∣ty of Y. the 18. day of Feb. in the year, &c.

I. R.

A Recovery with single voucher.

* 2.219COmmand G. C. Esquire, that just∣ly, &c. he render to R. C. and R. I. one Messuage, and four Acres of Land, with the appurtenances in T. which he claimeth, &c. and into which, &c. And unless, &c.

G. C. puts in his place N. M. and M. M. his Atturneys joyntly and severally against R. C. and R. I. of a Plea of Land.

A Recovery with double voucher.

* 2.220COmmand N. L. & M. his wife that justly, &c. they render to T. S. and T. C. the Manors of N. M. and P. with the appurtenances, and 30. Messuages, 30. Tofts, 5. Mills, 30. Gardens, 30. Orchards, 100. Acres of Land, 1000. Acres of Meadow, 500. Acres of pasture, 40. Acres of Wood, 1000. Acres of Moor, 200. Acres of Ling and Heath, and 3. pounds rent with the appurtenances in N. M. P. P. and B. which they claim to be their inheri∣tance, and into which the same N. and M. H. have not entre, but after the disseisin, which H. H. thereof unjustly and without judgement hath made to the aforesaid T. and T. within 30. years now last past, &c. as it is said, whereupon they complain, &c. And unless &c.

Derb. ss. N. L. and M. his wife do put in their

place T. B. and W. B. their Atturneys joyntly and severally against T. S. and T. C. of a Plea of Land to gain, or loss. W. B. and T. F. whom N. L. and M. * 2.221 his wife do call to warranty do put in their place, P. P. and Q. Q their At∣turneys joyntly and severally against T. S. and T. C. of a Pea of Land to gain and lose.

A Recovery with a treble voucher.

* 2.222COmmand R. B. and C. S. that justly, &c▪ they render to A: T. Esquire, the Manors of B. and Q. with the ap∣purtenances, and 20. Messuages, 12. Tofts, 4. Dove-houses, 30. Gardens, 1000. Acres of Land, 100. Acres of Meadow, 100. Acres of pasture, 200. Acres of Lyng, and Heath, 100. Acres of Moor, and 30. shillings, & one half penny rent, and the rent of one pound and a half of Pepper, and of one Corn of Pepper, with the appurte∣nances in B. and Q. And free fishing in the wa∣ter of W. and also the Advowson of the Church of B. which they claim, &c.

Essex ss. R. B. and C. S. do put in their place W. W. and R. R. their Atturneys joyntly against A. T. of a Plea of Land.

Essex ss. M. M. Gent. whom R. B. and C. S. call to warranty, do put in their place I. I. and L. L. their Atturneys joyntly and several∣ly

against A. T. of a Plea of Land.

Essex ss. G. W. Gent. whom M. M. doth call thereof to warranty doth put in his place R. G. and R. S. their Atturneys joyntly and severally against A. T. of a Plea of Land.

A Recovery of an Advowson in the County Palatine of Chester.

PLeas of Chester, before R. T. Knight, Justice of &c. at Chester of the Session, holden there Wednesday the last day of Sept. in the year, &c.

Chester ss. H. S. Esquire by T. B. his Atturney demandeth against H. D. Esqu. the Advow∣son of the Church of T. which to him he hath unjustly deforced, &c. And where∣upon he saith that himself was seised of the Advowson of the Church aforesaid as of Fee and right within thirty years now last past, in the time of peace in the time of the Soveraign Lord Charles late King of England, and so thereof being seised the same time unto the same Church presented one R. A. his Clerk, who unto that presentation, was admitted, instituted, and inducted in the same; by taking thereof exlec, as in greater Tythes, lesser Tythes, oblations, and obventions to the value, &c. as of the right of his Church aforesaid, &c. And that such is his right; he offers, &c.

All the parts of a recovery in a writ of right de praecipe in capite. Exemplified.

OLiver, &c. To all unto whom these pre∣sent Letters Patents shall come, Know ye that I. Earl of S. in our Court before our Justices at Westminster, by our Writ of right of a praecipe in capite hath demanded against T. B. the elder and I. his wife the Manor of C. with the ap∣purtenances, and one Messuage, 50: Acres of Land, 50. Acres of Meadow, &c. with the ap∣purtenances in C. B. H. neer T. as his right, and inheritance; which said Writ together with the return of the same, and the plea upon the same Writ, with all other things touching that Plea, followeth in these words.

* 2.223OLiver, &c. To the Sheriff of Heref. gree∣ting; Command T. B. the Elder, and I. his wife that justly, and without delay, they render to I. Earl of S. the Manor of C. with the appurtenances, and one Messuage, &c. with the appurtenances in C. B. and H. neer T. which he claimeth to be his right and inheritance, and to hold of us in Capite. And whereupon he complaineth, that the aforesaid T. and I. him unjustly do deforce, unless they shall do it, and the aforesaid Earl shall make you secure, for prosecuting his plaint, then summon by good summoners, the aforesaid T: and I. that they may be before our Justices at Westminster, from the day of Easter, in fifteen dayes to shew wherefore they did it not: And have you there

the summoners, and this Writ; witness my self at Westminster, the second day of April in the year, &c. Pledges of prosecuting R. D. and I. R. The Answer of I. S. Knight Sheriff: Sum∣moners, of the within written T. B. and I. his * 2.224 wife. H. F. and R. L.

Pleas at Westminster before I. P. and his Asso∣ciates Justices of the Lord Protector, of the Bench of the Term of Easter, in the year of our Lord, 1654. Rotulo. CCLXIII.

* 2.225Heref. ss. John Earl of S. by I. S. his Atturney demandeth against T. B. the Elder, and I. his wife, the Manor of C. with the appurtenances, and one Messuage, &c. with the appurtenances in C. B. and H. neer T. by a Writ of the Lord Protector of Praecipe in Capite, &c. And where∣upon * 2.226 he saith, that himself was seised of the Ma∣nor, Messuage, Lands, &c. with the appurte∣nances in his demeasne as of Fee, and right in the time of peace in the time of the Protector by taking thereof expletion to the value, &c. & that such is his right he offers, &c.

* 2.227And the aforesaid T. and I. by W. B. their Atturney came, and do defend the right of the aforesaid Earl and their seisin, and chiefly of the Manor, Messuage, &c. to him do warrant, &c. And hereupon the aforesaid Earl demandeth * 2.228 against him the said W. P. the Manor, Messu∣age, &c. with the appurtenances in form afore∣said, &c. And whereupon he saith, that he him∣self was seised of the aforesa. Manor, Messuage, &c. with their appurtenances in his demeasne, as of Fee and right In the time of peace, in the time of the Lord Protector, now by taking thereof expletion to the value, &c. And that such is his right he offers, &c.

And the aforesaid W. P. tenant, by his war∣ranty * 2.229 defendeth the right of the aforesaid Earl and his seisin, and chiefly of the Manor, Messu∣age, Lands, &c. with the appurtenances, and all, &c. And he puts himself thereof, on the * 2.230 Grand Assize of the Lord Protector, and de∣mandeth a recognizance to be made, whether he hath more right to hold the Manor, Messu∣age, Lands, &c. with the appurtenances, as te∣nant by his warranty as he holdeth them, or the aforesaid Earl to have the Manor, Messuage, Lands, &c. with the appurtenances, as he above demandeth them, &c. And the aforesaid Earl * 2.231 prayeth license of imparling, &c. And he had it, &c.

* 2.232And afterwards the same Earl by his Attur∣ney aforesaid, came again here in Court, and the aforesaid W. P. although was solemnly cal∣led came not again, but in contempt of the Court made default. Therefore it is considered, that the aforesaid Earl do recover his seisin against the aforesaid T. and I. of the aforesaid Manor, Messuage, &c. with the appurtenances, to hold to the same Earl, and his Heirs quite of the aforesaid T. and I. and his Heirs for ever.

And the aforesaid T. and I. may have of the Lands of the aforesaid W. P. to the value of the Manor, Messuage, Lands, &c. aforesaid with the appurtenances. And the aforesaid W. P. in mercy, &c.

The warrant of Atturney thereof followeth in these words.

HEref. ss. John Earl of Shrewsbury puts in his place I. S. against T. B. the Elder and I. his wife of a Plea of Land.

Heref. ss. T. B. the Elder, and I. his wife, puts in their place W. B. against John Earl of Shrewsbury, of a Plea of Land.

All and singular which things at the request of the aforesaid Earl, we have caused to be ex∣emplified, and our great Seal, which we use for such exemplifications, and also for all manner of Judiciall Writs out of the Bench aforesaid issuing forth, to be sealed, we have caused to be put to these presents. Witness O. Saint John at Westm. the 28. day of May, in the year, &c.

A remission to the Court, in a Writ of right.

TO the Lord Protector, &c. for that A. in our Court before your Justices of the Bench by your Writ of right, D. E. of one Mes∣suage, with the appurtenances in S. which of me is holden by my license mediating doth pur∣pose to implead, to your Highness by the tenor of these presents, I signifie that I have remitted my Court to you thereof in this behalf. Saving to me otherwise the right of the Lord in the like case, when it shall happen. In testimony of which thing these my Letters Patent, I have caused to be made; Sealed with my Seal, dated the third day of May, in the year, &c.

The Exemplification of a Recovery inrolled.

OLiver L. Protector of the Commonwealth of Eng. Ireland & Scotl. and the dominions

thereunto belonging, &c.

To all to whom these our present Letters shal come greeting;

Know ye that among the inrolments of Writs, and other things depending for common Recoveries, according to the form of the Statute of the term of Easter at Westminster, in the year &c. in Roll the first, it is thus contained.

* 2.233Essex ss. Oliver, &c. to the Sheriff of Essex gree∣ting; Command I. W. & I. S. that justly, and with∣out delay they render to Jo. St. and R. P. four Messuages, 4. Gardens, 200. Acres of Land, 100. Acres of Meadow, 300. Acres of pasture, 40. Acres of Wood, and 300. Acres of Lyng and Heath with the appurtenances, in B. T. T. C. D. and H. which they claim to be their right and inheritance. And into which the same I. W. & I. S. have no entry, but after the disseisin, which, H. H. therof unjustly & without Judgemēt hath made to the afores. I. S. & T. within 30 years now last elapsed as they say. And whereupon they complain that the aforesaid I. W. and I. S. them do deforce. And unless they shall do it, and the aforesaid I. S. and T. H. shall make you secure for prosecuting his plaint, then sum∣mon by good summoners the aforesaid I. W. and I. S. that they be before our Justices at Westm. from the day of Saint Michael in 15. dayes, to shew, wherfore they wi••l not do it. And have you there the summoners, and this Writ,

wit∣ness my self at Westminster the 24. day of Sept∣tember, * 2.234 in the year, &c.

Gibon.

* 2.235 Pledges of prosecuting

• ...John Doo,
• ...Richard Roo.

Summo∣ners,

• ...John Den,
• ...Kich. Fen.

G. T. Esq. Sheriff ss.

Oliver L. Protector, &c.

to the Sheriff of Essex greeting;

sum. by good summoners E. W. Esq. & his wife, that they be before our Justices at West. from the day of S. Hillary in 15. dayes to warrant to Joh. W. and I. S. four Messuages, 4. Gardens, 300. Acres of Land, 100. Acres of Meadow, 300. Acres of pasture, 40. Acres of Wood, and 300. Acres of Lyng and Heath, with the appur∣tenances in B. T. T. C. D. and H. which John St. and Tho. P. in our Court before our Justices at Westm. do claim as their right, by our Writ of Entry upon disseisin in le post against them. And whereupon the same Joh. W. and I. S. in our said Court, have called the aforesaid Edm. and John summoners in your County, to warrant against them. And have you there the summoners, and this Writ T. I. D. at Westm. the 16. day of Octob. in the year, &c. * Lone. Summoners, John Den, Rhichard Fen. * T. L. Esq. Sheriff ss. * 2.236 * Joh. St. and Tho. do put in their stead E. E. against John W. and I. S. of a Plea of Land ss. Iohn W. and I. do put in their place I. A. against Iohn S. and Tho. P. of a Plea of Land ss. Edm. W. Esq. and Io. his wife, whom Iohan W. and I. S. do call to warranty, do put in their place R. C. against Io. S. and Tho. P. of a Plea of Land, all and singular which things at the request of W. W. Gent. 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, appointed to be Sealed by these presents we have caused to be put.

T. F. W. P. and F. R: Justices of the Bench aforesaid

at Westm. the

16. day of June, in the year of our Lord, 1654.

M.

The Judges which examined their inrolment. M. W. P. & R.

A pardon of alienation upon Lands by a Writ of Entry recovered.

OLiver, &c. to all to whom, &c. greeting; Whereas our welbeloved, and faithfull T. Duke of Norfolk, Earl Marshall of England, and Knight of the Noble Order of the Garter; and our beloved, and faithfull W. C. Knight our chief Secretary K. Knight lately, to to wit in the term, &c. in the year, &c. have recovered against our welbeloved, and faithfull Counsellor N. B. Knight, Lord Keeper of our great Seal of England, of his assent, and at his request by our Writ of Entry upon dis∣seism in le post, according to the course, form, and use of Common Recoveries, the Manor of Red∣grave, &c in our County of Suffolk, to divers severall uses, intents, conditions, and purposes specified, and declared in certain Indentures made between him the said N. on the one part, and the aforesaid Duke W. R, &c. of the other part bearing date the second day of October, in the year, &c. as by the same Indentures more fully it may appear, and whereas also the

the same Duke W. R. &c. into the Manor, Lands, Tenements, and other the premises with the appurtenances, by virtue of the recovery a∣foresaid, have entred (our license thereof first not obtained) And of the same premises, were seised in their demeasne as of Fee, to the uses, intents, and purposes in the aforesaid In∣dentures specified and declared, which said Manors, Messuages, Lands, tenements, and other the premises of us are holden in Capite, as it is said, know ye that we of our speciall grace, and of our certain knowledge, and meer good will, saving to us our homage, do pardon, remit, and release for us our Heirs and Successors, the tres∣passes in that behalf done, and all manner of entry, and entries into the aforesaid Manors, Lands, tenements, and other the premises, or any part, or parcel thereof, as well at the pre∣sent day by what way soever made, or perpe∣trated, as hereafter, by reason of any use in the aforesaid Indenture specified, or declared to be made or had. And furthermore we have granted, and for us our Heirs and Successors as much as in us is, by these presents, do grant to the aforesaid Duke W. R, &c. that they, the Manors, Messuages, Lands, and tenements aforesaid, and other the premises, with all and singular their issues, rents, profits, and appurte∣nances whatsoever (except before excepted) may have and hold to themselves, and their Heirs and Assignes to the uses, intents, and pur∣poses in the Indentures aforesaid contained and specified, of us our Heirs and Successors by the services thereof due, and of right accustomed

for ever, without violence, molestation, vexati∣on, impediment, or grief of us, our Heirs, or Successors, or of any our Justices, Escheators, Sheriffs, Bayliffs, or any other Officers, Mini∣sters, or Subjects, or of our Heirs, or Succes∣sors whatsoever. In testimony whereof, &c.

And it is to be noted, that of all licenses to alien temporall Land in Mortmain, the fine to the Protector formerly to the King is five years value of the same.

Of all licenses to alien spirituall Land (as appropriations of Churches, or other spirituall Benifices) the Fine is four years value there∣of.

Of all licenses of alienation made of Lands, holden formerly of the King in Capite, Fine is the third part of the value, the tenth deducted.

Of all pardons of alienation, by the Kings te∣nant in Capite, the Fine is one years value thereof.

Of all licenses of Marriage of the Kings wid∣dow, the Fine is the third part of the value of her dower by a year.

Of all pardons of the Kings widdows, marry∣ed without license, the Fine is the whole va∣lue of her dower by the year.

The Exemplification of a Recovery, with double Voucher, out of the Pro∣thonatories Office.

OLiver, &c. To all to whom these our pre∣sent Letters shall come, greeting. Know ye that among the pleas of Land inrolled at Westminster before E. A. Knight and his associ∣ates our Justices of the Bench, in the term of St. Hillary, in the year, &c. it is contained thus.

* 2.237F. W. and R. S. in their proper per∣sons demand against I. R. 12 acres of Meadow, with the appurtenances in M. and K. as his right and inheritance; and into which the same J. hath not entry, but after the diffeisin, which H. H. thereof, unjustly, and without Judgement made to the aforesaid F. R. within 30 years, &c. And the aforesaid * 2.238 J. by W. W. his Atturney came; And hereto∣fore having called to Warranty T. R. Esquire, who now by the Summons to him in the County aforesaid, made by T. J. his Atturney * 2.239 comes, and gratis the aforesaid 12 acres of Mea∣dow, with the appurt▪ to him doth warrant, &c. And hereupon the aforesaid Fr. and R. de∣mand against him the said T. Tenant by his warranty the aforesaid 12 acres of Meadow, with the appurtenances in form aforesaid &c. And whereupon they say, that themselves were seised of the aforesaid twelve acres

acres of Meadow, 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 produ∣ceth * 2.240 suit, &c. And the aforesaid T. Tenant by his Warranty defendeth his right when, &c. And furthermore called thereof to war∣ranty R. H. who is present here in Court in his proper person. And gratis the aforesaid 12 acres of Meadow with the appurtenances to him he warrants, &c. And hereupon the a∣foresaid F. and R. S. demandeth against him * 2.241 the said R. H. Tenant by his Warranty the aforesaid 12 acres of Meadow, with the appur∣tenances in form aforesaid, &c. And where∣upon they say, that themselves were seised of the aforesaid 12 acres of Meadow, with the ap∣purtenances * 2.242 in form aforesaid in their de∣measne 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 thereupon they produce suit, &c. And the aforesaid R. H. T••nant, by his warranty defendeth his right, when, &c. And saith that the aforesaid H. * 2.243 hath disseised the aforesaid F. and R. S. of the aforesaid 12 acres of Meadow, with the appur∣tenances 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 li∣cence 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 * 2.244 proper persons. And the aforesaid R. H. al∣though 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 Mea∣dow, 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 * 2.245 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 * 2.246 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 appur∣tenances. And to them it is granted retorna∣ble 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 exempli∣fied. In testimony of which thing our seal unto the writs in the Bench aforesaid appoin∣ted to be sealed to these presents we have cau∣sed 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 Judge∣ment was entred.

Another to the like effect.

OLiver, &c. To all to whom these our pre∣sent Letters shall come, greeting: Ye may know, that among the Pleas of Land inrolled at Westminster, before E. A. Knight, and his * 2.247 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.

* 2.248R. 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 Mes∣suages, * 2.249 10 Tofts, 1 Water-mill, 2 Dove-hou∣ses, 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 ap∣purtenances in H. M. D. &c. as their right and inheritance. And into which the same P. and W. have not entry but after the Dis∣seisin, which H. H. thereof unjustly and with∣out judgement hath made to the aforesaid R. and R. within 30 years, &c. And whereupon they say that themselves were seized of the * 2.250 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 Lo••d Protector, by taking thereof expletion, to the value, &c. And into which,

&c. And thereupon they produce suit, &c.

* 2.251And the aforesaid P. and W. in their pro∣per 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, Te∣nements, and rent aforesaid, with the appur∣nances, to them he warrants, &c.

* 2.252And hereupon the aforesaid R. and R. de∣mand against him the said G. Tenant by his warranty, the Mannors, Tenements, and rent aforesaid, with the appurtenances, in form a∣foresaid, &c. And whereupon they say that themselves were seized of the Manors, Te∣nements, and rent aforesaid, with the appur∣tenances 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.

* 2.253And the aforesaid G. Tenant by his war∣ranty 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, * 2.254 Tenements, and rent aforesaid, with the ap∣purtenances to him, he warrants. &c.

* 2.255And hereupon the aforesaid R. and R. demand against him the said D. being Te∣nant by his warranty, the Mannors, Tene∣ments, and Rent aforesaid, with the appurte∣nances, in form aforesaid, &c. And where∣upon * 2.256 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.

* 2.257And the aforesaid D. Tenant, by his De∣claration defendeth his right, &c. And saith that the aforesaid H. hath not disseised the aforesaid R. and R. by their Writ and Decla∣ration aforesaid above do suppose. And of this put themselves upon the Countrey, &c. And the aforesaid R. and R. pray Li∣cence * 2.258 thereof of imparling. And they have it, &c.

* 2.259And afterward the same R. and R. came a∣gain 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 * 2.260 against the aforesoid P. and W. of the Man∣nors, 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. fur∣ther have of the Lands of the aforesaid D. to the value, &c▪ And the same G. be in mer∣cy, &c. And hereupon the aforesaid R. and * 2.261 R. pray the Writ of the Lord Protector to the Sheriff of the County aforesaid, to be di∣rected, * 2.262 of causing plenary seisin to have to them of the Mannors, Tenements, and rent aforesaid, with the appurtenances. And to

them it is ••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 She∣riff, (to wit) I. B. Knight, now returneth, that he by vertue of that writ to him di∣rected the 14th day of November last past, caused plenary seisin, to have to the afore∣said R. and R. of the Mannors, Tenements, and Rent aforesaid with the appurtenances, as by that writ to him it was commanded, &c. all and singular which things at the re∣quest of the aforesaid R. and R. by the tenour of these presents we have drawn to be exem∣plified. 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 At∣turney 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 Ju∣stices 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 Mes∣suage,

200 acres of Land, 60 acres of Mea∣dow, 100 acres of Pasture, 100 acres of wood, 50 acres of Moor, and 5 s. Rent with the ap∣purtenances 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, whereup∣pon 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 afore∣said in 15 daies of St. Hillary next to come. And because the aforesaid W. C. is so im∣potent of himself, and worn with age that unto VVestminster before our Justices afore∣said, 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 be∣half, have given you power and full authori∣ty 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 afore∣said before our Justices aforesaid, and us thereof in our Chancery of the name of such Attorney or Attorneys to certifie. And there∣fore we command, you that unto the aforasaid W. C. if he be not well able to travail to you, ye personally goe, and his Attor∣ney or Attorneys joyntly or severally in form aforesaid ye receive, and when that Attorney, or those Attorneys ye shall so re∣ceive, 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.

* 2.263COmmand 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.

* 2.264BEing called to Warranty doth put in his stead A. B. and F. R. joynt∣ly 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 16••4.

A Dedimus potestatem of receiving an Atturney in a writ of Entry super disseisin∣in 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 impo∣tent, and worn out with age, that without very great danger of his body before our Ju∣stices 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 seve∣rally, which the same T. to gain or lose in the plea afotesaid, before our Justices afore∣said in his stead before you, he shall will to constitute or put, and us thereof in our Chan∣cery of the name of such Attorney or Attor∣neys duly to certifie. And therefore we com∣mand you, that unto the aforesaid T. (if he be not well able travel unto you) you perso∣nally 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, un∣der 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. un∣to this Writ; The execution of this Writ appeareth in a certain Schedule to this Writ annexed. H. W.

* 2.265COmmand T. H. that justly, &c. he render to H. D. 20 acres of land, &c. (as above in the Dedimus potesta∣tem verbatim) with the appurtenances in M. which he claimeth, &c.

* 2.266T. 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 potesta∣tem, to receive an Attorney for the Te∣nant upon the Writ of Entry.

THe PROTECTOR to his beloved and faithfull R. S. and W. B. greet∣ing. Whereas our Writ of entrie upon dis∣seisin in le post, dependeth before our Justices of the Bench, between A. B. Knight De∣mandant, and C. D. Esq; Tenant of the 4th part of the Mannor of F. with the appurte∣nances, and 800 acres of Land, 20 acres of Meadow, 220 acres of Pasture, 300 acres of Wood, and 40 l. rent, with the appurtenan∣ces, 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, perso∣nally to appear, and to do and plead that which in the same then there should be expe∣dient to be done, he is not well able to tra∣vel, as we have been informed. We tend∣ring 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 a∣foresaid, depending before our aforesaid Justi∣ces, in his place shall will to put, or consti∣tute,

to call the Plaintiff, to plead the war∣ranty, to gain or lose in that writ. And there∣fore you, and both of you, joyntly and seve∣rally, we command, that unto the aforesaid C. (if he be not well able to travel unto you) ye personally going, the Attorney or Attorneys which the same C. personally be∣fore you, or one of you in the Writ aforesaid, before our aforesaid Justices depending, a∣gainst the aforesaid A. to call the Plaintiffe there at the aforesaid Term, to plead the war∣ranty to gain or to lose, in his stead he shall will to put or constitute Atturney, you or one of you receive. And when ye or one of you shall so receive such Atturney or Atturneys, Us in our Chancery of the name or names of such Atturney or Atturneys of him the said C. in 8 dayes of St. Hillary next to come, where∣soever he shall be, under your seals, or one of yours duely ye or one of you certifie, retur∣ning to us this Writ, T. &c.

The Form of a Recovery, with sin∣gle Voucber.

COmmand S. H. that he render to A. B. and C. D. 40 Messuages, with the appur∣tenances in G. D. R. &c.

The aforesaid S. H. doth put in his place R. F. and T. N. joyntly and severally against the aforesaid A. B.

C. D. in a plea of Land.

W. A. whom the aforesaid S. H. calleth to warranty, puts in his stead G. M. and T. F. joyntly and severally against the aforesaid A. B. and C. D. in a plea of Land.

The aforesaid A. B. and C. D. doe put in their stead R. C. and F. C. joynt∣ly and severally against the aforesaid S. H. in a plea of land.

A Common Recovery had by divers against one, of divers Mannors, &c. within the County Pallatine of Chester before the Judges of the Shires and Counties.

Of Pleas of the County of Chester at Chester, before T. E. Esquire, Son of T. E. Knight, Justice of the Lord Protect. there, on Wednesday next after the Feast of Easter, In the year of our Lord, &c.

R. E. Knight. P. D. Knight, I. S. Son and heir apparent of T. S. of W. T. S. Son and heir apparent of R. S. of S. and G. L. Chaplain, by Th. B. his Attorney in the Court of the Lord Protect. here, do demand against H. S. of O. Esq; the Mannor of O.

alias O. with the appurtenances, and 14 Mes∣suages, &c. as their right and inheritance, and into which the same H. hath no entry, but after the disseisin which Th. Cutt. thereof unjustly, and without judgement hath made to the aforesaid R. P. I. T. and G. after that J. S. was made Earle of Chester, &c. And whereupon the same R. P. I. T. and G. say, that they themselves were seized of the same Mannors, Messuages, Lands, Meadows, Pastures, Woods, Turbary, Mosses, and rent; with the appurt. &c. in their demeasne, as of Fee in the time of Peace of our Lord Pro∣tector taking thereof over in value, &c. And into which, &c. and there produce suit, &c.

And the aforesaid H. S. Esq; in his proper person comes and defends his right, when, &c. and calleth to warranty T. N. who is present in Court in his proper person, and gratis to the same H. S. the Mannor, Messuage, Lands Tenements, Meadowes, Pastures, Woods, Turbarie, Mosses, and rent, and the moyety of the Mannor of E. above demanded, with the appurtenances, he warrants.

And hereupon the aforesaid R. P. I. T. and G. do demand against the same T. N. tenant by his warranty, the aforesaid Mannors, Mes∣suages, &c. and the moyety of the Mannor of E. with the appurtenances, in form afore∣said, &c. and whereupon they say, that they themselves were seized of the same Mannors Messuages, Lands, Meadows, Pastures, woods, Turbary, Mosses, rent, and moyetie of the Mannor of E. with the appurtenances, in his

Demeasne as of Fee, in the time of peace, in the time of the said Lord Protector taking thereof over in value, &c. and into which, &c. And thereof they produce their sure, &c.

And the aforesaid Th. N. Tenant by his Warranty defendeth his right, when, &c. and saith that the aforesaid T. C. hath not disseised the aforesaid R. P. J. T. and G. of the aforesaid Mannor, Messuage, Lands, Meadows, Pastures, Woods, Turbary, Mosses and Rent, and Moyety of the Mannor of E. above demanded, with the appurtenances, in manner and form as the aforesaid R. P. J. T. and G. by their Writ and Declaration aforesaid doe suppose, &c.

And the aforesaid R. E. P. D. I. T. and G. do pray licence thereof of imparling here, &c. and they may have it. Afterwards the same Term, &c. The aforesaid R. P. I. T. and G. by their Attorney aforesaid came a∣gain in the Court of the Lord Protector &c. And the aforesaid T. N. Tenant by his Warranty, although solemnly exacted, came not again, but in contempt of the Court here, departed, & made default. There∣fore it is considered by the Jury aforesaid that the aforesaid R, E. P. D. I. T. & G. recover their seisin against the aforesaid H. S. of the afore∣said Mannor, Messuage, Lands, Meadows, Pastures, Woods, Turbarie, Mosses, Rent, Moyety of the Mannor of E. above deman∣ded, with the appurtenances. And that the same H. have of the land of the aforesaid T. N. to the value. And the same T. N. in mercy.

A Common Recovery by divers before the Justices of Chester, and Judges of the same County of a Mannor, &c.

Of Pleas of the County of Chester at Che∣ster, before T. E. Knight, Justice of the LORD PROTECTOR there on Wednesday, tali Anno.

R. B. W. B. B. B. Sons of R. B. Knight, O. B. H. D. Son and Heir of R. D. Esq; deceased D. D. of E. and R. C. Chaplain by T. B. their Attorney in the Court of the LORD PRO••ECTOR here, do demand against R. D. Chaplain, and T. H. of the City of C. the Mannor of W. with the appurtenances, 30 Messuages, one Watermill, 500 acres of land, 400 acres of Meadow, 200 acres of Pasture, 100 acres of Wood, 20 acre- of Turbarie, 40 acres of Land covered with water, and 40 l. rent, with the appurtenances, in W. and O. as their right and inheritance, and into which the same R. and T. hath non entry; but after the disseisin which T. C. unjustly, and without judgement hath made to the a∣foresaid R. W. B. &c. after that J. Scoticus was made Earl of Chester, &c. And whereup∣on the same R. W. B. &c. say that they them∣selves were seised of the same Mannor, Mes∣suage, Mill, Lands, Meadows, Pastures, Woods, Turbarie, Lands covered with Wa∣ter,

with the appurtenances, in their De∣measne, as of Fee in the time of peace, in the time of the Lord Protect. now taking thereof over in value, &c. And into which, &c. And thereof they produce their sute, &c.

And the aforesaid R. D. and T. H. in their proper persons doe come and defend their right, when, &c. and doe call thereof to warranty W. M. Esq; who is present here in Court in his proper person, and gratis the Mannor, Messuage, Mill, Lands, Meadows, Feedings, Woods, Turbary, Lands covered with water aforesaid, to the same R. D. and T. H. doth warrant, &c. And hereupon the a∣foresaid R. W. B. &c. do demand against him the said W. M. Esquire Tenant by his Wartanty, the Mannor, Messuage, Mill, Lands, Meadows, Feedings, Woods, Turbary, Lands covered with water, and rent above demanded, with the appurtenances, in form aforesaid, &c. and whereupon they say that they themselves were seised of the same Man∣nor, Messuage, Mill, Lands, Meadows, Pa∣stures, Woods, Turbary, Lands covered with water, and Rent, with the appurtenan∣ces in their Demean, as of Fee in the time of peace, in the time of the said L. Prot. now to take thereof over in value. And into which, &c. And thereupon they produce their suit, &c.

And the aforesaid W. M. Esq. Tenant by his Warranty defendeth his right, when, &c. and calleth thereof to warranty Th. Needham, who is present there in Court, in his proper

person, and gratis the Mannor, Messuage, Mill, Lands, Meadows, Pastures, woods, Tur∣bary, Lands covered with water, and rents aforesaid, with the appurtenances to the same M. M. doth warrant, &c. And hereupon the aforesaid R. W. B. &c. Do demand against him the said Th. Needham Tenant by his War∣ranty the aforesaid Mannor, Messuage, Mill, Lands, Meadows, Pastures, Woods, Turba∣rie, Lands covered with water, and Rent a∣bove demanded, with the appurtenances in form aforesaid, &c.

And whereupon they say that themselves were seised of the same Mannor, Messuage, Mill, Lands, Meadows, Pastures, Woods, Turbary, Land covered with water, and rent above demanded, with the appurtenan∣ces in their demeasne, as of Fee in the time of peace, in the time of the said Lord, the now Protect▪ to take thereof over in value, &c. and into which, &c. and thereupon they pro∣duce their sute, &c.

And the aforesaid Thomas Needham, Te∣nant, by his Warranty defends his right, when, &c. and he saith that the aforesaid T. Cut hath not disseised the aforesaid R. W. B. &c. of the Mannor, Messuage, Mill, Lands, Mea∣dowes, Pastures, Woods, Turbary, Lands covered with water, and Rent, with the ap∣purtenances, in manner and form as the same R. W. B. &c. by their Writ and Declaration above doe suppose, &c.

And the aforesaid R. R. W. &c. do pray license thereof, of imparling here, &c. and they have it, &c. And afterwards in that

same County here, &c. the same R. W. B. &c. by their aforesaid Atturney came again in the Court of the Lord Protector. And the aforesaid T. N. Tenant, by his warranty, al∣though solemnly exacted, came not again, but in contempt of the Court here departed, and made default, &c. Therefore it is Ordered by the Judges of the County aforesaid, that the aforesaid R. W. B. &c. recover their sei∣sin against the aforesaid R. D. and T. H. of the aforesaid Mannor, Messuage, Mill, Lands, Meadows, Pastures, Woods, Turbarie, Land covered with water, and rent above deman∣ded, with the appurtenances, &c. And that the aforesaid R. D. and T. H. have of the Lands of the aforesaid W. M. to the value, &c. And the same T. N. in mercy, &c.

The like Common Recovery in the said County of Chester to the next before, and of the same Mannor and Lands.

Of Pleas of the County of Chester at Chester, before T. E. Esq; Son of T. E. Knight, Justice of the Lord Protector, the Wednesday af∣ter the Feast of beheading of S. John the Baptist, in the year, &c.

R. B. of Chester, R. B. W. B. B. B. Sons of R. B. Knight, and O. B. by T. B. their Atturney, in the Court of the Lord Pro∣tector here, doe demand against W. M. Esquire, the Mannor of W. 23 Messuages, 1 Water-Mill, 300 acres of Land, 20 acres of Meadow, 100 acres of Pasture, 40 acres of Wood, 10 acres of Turbary, and 10 acres of Land covered with water, with the appurte∣nances, in W. M. K. & W. as their right and inheritance, and into which the same W. M. hath no entry, but after the disseisin which T. C. thereof unjustly and without Judge∣ment hath made to the aforesaid R. R. W. B. & G. after that J. Scoticus was made Earl of C. &c. And whereupon the same R. R. W. &c. say, that themselves were seized of the same Mannor, Messuage, Mill, Lands, Mea∣dows, Pastures, Woods, Turbarie, and lands covered with water, with the appurtenances, in their Demeasne as of Fee, in the time of Peace, in the time of the Lord now Protector, to take thereof over in value. And into which, &c. And thereupon they produce their suit, &c.

And the aforesaid W. M. in his proper per∣son cometh and defendeth his right, when, &c. And calleth thereof to warranty T. N. who is present here in the Court, in his pro∣per person, and gratis to the same W. M. the Mannor and Tenements aforesaid with the appurtenances, doth warrant. And hereupon the aforesaid R. R. W. &c. doe demand a∣gainst him the said T. N. tenant, by his war∣ranty,

&c. the Mannor and Tenements afore∣said above demanded, with the appurtenan∣ces in form aforesaid, &c. and whereupon they say that themselves were seized of the same tenements, with the appurtenances, in their demeasne, as of Fee, in the time of peace, in the time of the said now L. Protect. by taking therof over in value, &c. And into which, &c. And thereupon they produce their suit, &c. And the aforesaid T. N. tenant, by his war∣ranty defendeth his right, when, &c. and saith, that the aforesaid T. C. hath not dissei∣sed the aforesaid R. R. W. &c. of the tene∣ments aforesaid with the appurtenances, in manner and form, as they by their writ and Declaration above do suppose, &c.

And the aforesaid R. R. W. &c. do pray li∣cence thereof, of imparling here, &c. and they have it, &c. And afterwards in that same County here, &c. the same R. R. W. &c. by their Atturney aforesaid came againe into the Court of the Lord Protector. And the aforesaid T. N. tenant, by his warranty, al∣though solemnly exacted, came not again, but in contempt of the Court here, departed, and made default. Therefore it is granted by the Judges of the County aforesaid, that the aforesaid R. R. W. B. B. & O. recover their seisin against the aforesaid W. M. of the tenements aforesaid above demanded, with the appurtenances, &c. And that the afore∣said W. M. have of the lands of the aforesaid T. N. the value, &c. And the same T. N. in mercy, &c.

Charges of a Recovery, with two Vouchers in person at the bar.

FOr drawing your Precipe	0	2	6
For taking it into the remembrance		1	0
For your writ of Entry		2	6
For the Fine of it
To the Receiver		0	6
For the Doctors hand entring and endorsing		1	6
For drawing it at bar, & 4 Serjeants.		13	4
To the Criers		1	0
To the Box		1	0
To the Warden of the Fleet		0	6
For the Common Vouchee		0	4
For the Attorney Generals hand to the Writ.		10	6
For making the Remembrance when the Recovery is drawn at the bar		2	0
For the return of the writ of Entry		0	4
For return of the writ of Seisin		2	0
To the Prothonotary, for entry of the Recovery		14	6
To the Clerk, for exemplifying thereof, and making the writ of Seisin		7	6
For sealing the Exempl••fication & writs of Seisin		2	9
For filing the writs of Entry and Seisin.		2	0
For the Fee of the Demandant, Tenant, and Vouchee in the Recovery.		10	0

Charges of a Recovery by summons, upon a warrant of Attorney.

For drawing your Precipe, and the warrant of Atturney	0	3	4
For entry of the Summons.	0	6	6
For making the writ of Sum∣mons & the Seal	0	2	7
To the Clerk for drawing the Summons and the entry in Parchment	0	2	6
For filing every warrant of At∣turnment	0	0	8
For return of the writ of summons	0	2	0
For the filing of it.	0	1	0

Note that every single Voucher hath 3 Serjeants; a double Voucher 4 Serjeants; and a treble Vou∣cher hath 5 Serjeants, and so further.

The Prothonotary hath, as you see, for his Entry for every Summons	0	6	6
For every single Voucher.	0	10	6
For every double Voucher.	0	14	6
For every treble Voucher	0	18	6
For every Dedimus & Mittimus.	0	4	0

The Charges of a Recovery under the great Seal of England.

For the Certiorari	0	13	4
For the allowance thereof	1	9	6
To the Clerk for his pains	0	6	8
For the Exemplification of every Skin.	1	6	8
For the Seal.	1	0	6

Notes

• * 1.1

  1 R. 3. cap. 7. 4 H. 7. cap. 24. 32. 14. 8. cap. 36.
• * 1.2

  7 H. 4. s. 23. 43 E. 3. f. 20.
• * 1.3

  Towards the upper end of the Writ thus.
• * 1.4

  Towards the middle of the Writ thus.
• * 1.5

  Leic. ss.
• * 1.6

  Derb. ss.
• * 1.7

  Linc. ss.
• * 1.8

  Notting. ss.
• * 1.9

  Surr. ss.
• * 1.10

  Surr. ss.
• * 1.11

  Linc. ss.
• * 1.12

  Surr. ss.
• * 1.13

  Midd. ss.
• * 1.14

  Devon. ss.
• * 1.15

  Nott. ss,
• * 1.16

  Suff. ss.
• * 1.17

  Salop. ss.
• * 1.18

  Lancaster.
• * 1.19

  Ebor. ss.
• * 1.20

  Ebor. ss.
• * 1.21

  Ebor. ss.
• * 1.22

  York ss.
• * 1.23

  South. ss.
• * 1.24

  York ss.
• * 1.25

  North. ss.
• * 1.26

  Lond. ss.
• * 1.27

  Midds. ss.
• * 1.28

  York ss.
• * 1.29

  Essex ss.
• * 1.30

  York. ss.
• * 1.31

  York ss.
• * 1.32

  York ss.
• * 1.33

  York. ss.
• * 1.34

  York. ss.
• * 1.35

  York. ss.
• * 1.36

  Hereff. ss.
• * 1.37

  Leicester. ss.
• * 1.38

  York. ss.
• * 1.39

  Essex. ss.
• * 1.40

  Salop. ss.
• * 1.41

  Midd. ss.
• * 1.42

  Essex. ss.
• * 1.43

  Nott. ss.
• * 1.44

  York. ss.
• * 1.45

  Suff. ss.
• * 1.46

  Norff. ss.
• * 1.47

  Salop. ss.
• * 1.48

  Staff. ss.
• * 1.49

  Nomine poene.
• * 1.50

  Essex. ss.
• * 1.51

  South. ss.
• * 1.52

  Warw. ss.
• * 1.53

  Nomine poene.
• * 1.54

  Staff, ss.
• * 1.55

  Essex ss.
• * 1.56

  Essex ss.
• * 1.57

  Warranty.
• * 1.58

  The Render of the par∣cel of the Premises.
• * 1.59

  The Rent.
• * 1.60

  A clause of Distresse.
• * 1.61

  The render of the resi∣••ue.
• * 1.62

  Rent for the Resi∣due.
• * 1.63

  A clause of Distresse.
• * 1.64

  The render of the re∣version of all the pre∣mises, and all the Rents reserved.
• * 1.65

  The Conu∣sees do grant and render 〈◊〉〈◊〉 mines, in part of the Premises to 〈◊〉〈◊〉 of the Co••••sor•• and 〈◊〉〈◊〉 to get ••he••.
• * 1.66

  Warranty.
• * 1.67

  The render
• * 1.68

  Clause of Distress for the rent.
• * 1.69

  The Grant of the re∣version and the rent re∣served up∣on the Lease, for 21 years.
• * 1.70

  warranty.
• * 1.71

  A Grant of a rent in recompence of joynture and Dow∣er.
• * 1.72

  The render of the mannor &c. To the Conusor and his Heirs for ever.
• * 1.73

  1. warran∣ty.
• * 1.74

  2 Warranty
• * 1.75

  Warranty.
• * 1.76

  The render.
• * 1.77

  remainders in tail.
• * 1.78

  The re∣mainders after the death of I. S. the Co∣nusors bro∣ther, to the heirs male of the said I. S.
• * 1.79

  The other remainders if the said I. S. die without heir male.
• * 1.80

  The last remainder in fee to the right heirs of the Conusor for ever.
• * 1.81

  warranty.
• * 1.82

  Warranty.
• * 1.83

  Warranty.
• * 1.84

  The ren∣der.
• * 1.85

  Rent.
• * 1.86

  Clause of distresse.
• * 1.87

  The render of the rent and rever∣sion of the land to one in Fee.
• * 1.88

  A Fine sur cognisance de droit.
• * 1.89

  The war∣ranty.
• * 1.90

  Generall warranty
• * 1.91

  Speciall warranty.
• * 1.92

  Warranty.
• * 1.93

  warranty.
• * 1.94

  warranty.
• * 1.95

  warranty.
• * 1.96

  The Term, & the be∣ginning thereof.
• * 1.97

  Rent.
• * 1.98

  Clause of Distresse.
• * 1.99

  The grant of the Re∣version, & the rent to the Hus∣band and the wife (being the Conusees) & to the heirs of the Husband.
• * 1.100

  A rent granted by the Conu∣see.
• * 1.101

  VVhen the rent shall begin to be payable.
• * 1.102

  A clause of distr. for the rent, after it hath been lawfully d••man∣ded.
• * 1.103

  VVarranty
• * 1.104

  A fine up∣on release of dower by the hus∣band and wise. The estate The wa.-
• * 1.105

  A Fine of the rever∣sion after Tenant in Dower.
• * 1.106

  The wid∣dows e∣state in the Conusors inheri∣tance.
• * 1.107

  The rever∣sion gran∣ted to the said Conu∣sees, and to the heirs of one of them.
• * 1.108

  A Fine sur cognisance de droit.
• * 1.109

  warranty.
• * 1.110

  A Fine sur cognisance de droit.
• * 1.111

  The war∣ranty.
• * 1.112

  A Fine sur cognisance de droit.
• * 1.113

  The war∣ranty.
• * 1.114

  A fine of a reversion after the death of Tenant in Dower.
• * 1.115

  warranty.
• * 1.116

  A fine sur Cognisance de droit.
• * 1.117

  warranty.
• * 1.118

  The render
• * 1.119

  A Fine sur cogni∣sance de droit.
• * 1.120

  warranty.
• * 1.121

  warranty.
• * 1.122

  ☞
• * 1.123

  Note.
• * 1.124

  The war∣ranty.
• * 1.125

  The ren∣der.
• * 1.126

  Rent.
• * 1.127

  Remainder in fee to the Conu∣sor.
• * 1.128

  warranty.
• * 1.129

  The render
• * 1.130

  Rent.
• * 1.131

  The grant of the re∣version, & the rent.
• * 1.132

  warranty.
• * 1.133

  The grant of an An∣nuity.
• * 1.134

  The day, hour, & place of payment of the said Annuity.
• * 1.135

  Clause of distress for the annui∣ty, & pe∣nalty.
• * 1.136

  An estate in general tail.
• * 1.137

  The tenure rent.
• * 1.138

  Warranty of the estate tail.
• * 1.139

  warranty.
• * 1.140

  The Render
• * 1.141

  General warranty.
• * 1.142

  The render
• * 1.143

  Reservati∣on, Nomi∣ne poene, Distresse,
• * 1.144

  Warranty.
• * 1.145

  Licence, Alienation.
• * 1.146

  Docket.
• * 1.147

  Affidavit.
• * 1.148

  A fine of pardon.
• * 1.149

  Fine of licence.
• * 1.150

  Mortmain.
• * 1.151

  Variance.
• * 1.152

  Release.
• * 1.153

  Recovery.
• * 1.154

  Will.
• * 1.155

  The writ of Cove∣nant.
• * 1.156

  Fine.
• * 1.157

  Indorse∣ment.
• * 2.1

  Return.
• * 2.2

  The writ of Cove∣nant.
• * 2.3

  York. ss.
• * 2.4

  Entry of Kngs silver
• * 2.5

  York. ss.
• * 2.6

  Tbe titling of the note.
• * 2.7

  Knowledge of the Cog∣nizes.
• * 2.8

  Examina∣tions of Wives.
• * 2.9

  Value.
• * 2.10

  Oath.
• * 2.11

  Compositi∣on.
• * 2.12

  Certifitate
• * 2.13

  Time.
• * 2.14

  For forfei∣ture.
• * 2.15

  Justice o•• Commissi∣ners. dieth
• * 2.16

  Certiorari to the Exe∣cut. of the Justice up∣on the cog∣nisance of the fine.
• * 2.17

  Justice dis∣charged.
• * 2.18

  Kings death.
• * 2.19

  Femes
• * 2.20

  Signed.
• * 2.21

  Inrollment.
• * 2.22

  Custos bre∣vium. Fee.
• * 2.23

  Embezel∣ling. Proclama∣tions. The foot of the Fine
• * 2.24

  The note of the fine.
• * 2.25

  York. ss.
• * 2.26

  A Note of the Fine.
• * 2.27

  Summons.
• * 2.28

  Tenant in Dower.
• * 2.29

  Grantee of a reversion
• * 2.30

  Infant.
• * 2.31

  Nothing in the rever∣sion. Feme Co∣vert.
• * 2.32

  Divers.
• * 2.33

  Divers.
• * 2.34

  Abbot.
• * 2.35

  Disseasor.
• * 2.36

  T. for life.
• * 2.37

  Feme Co∣vert.
• * 2.38

  T. for years
• * 2.39

  T. In tail.
• * 2.40

  T. in tail after possi∣bilities &c.
• * 2.41

  T. for life of Lands in Capite.
• * 2.42

  Executors.
• * 2.43

  T. pur vie ove. A. pur ans.
• * 2.44

  T. in Dow∣er. T. by the Courtesie.
• * 2.45

  T. for years upon Con∣dition.
• * 2.46

  Against T. in common.
• * 2.47

  After as∣signment.
• * 2.48

  Once at∣turn.
• * 2.49

  Joynt-te∣nant. T. in com∣mon.
• * 2.50

  T. for life upon con∣dition.
• * 2.51

  Joynt te∣nant of a reversion.
• * 2.52

  Tenant by elegit.
• * 2.53

  Baron sole Cognisor.
• * 2.54

  A Clerk.
• * 2.55

  Reversion.
• * 2.56

  Frank mar∣riage. Infant. Ideot.
• * 2.57

  With ex∣ception.
• * 2.58

  Covenants. Annuity. Warranty Acquitall.
• * 2.59

  Grant. Remainder in fee.
• * 2.60

  Seisinin fee.
• * 2.61

  The Cogni∣sor had no∣thing.
• * 2.62

  Non te∣nure.
• * 2.63

  Seisin in fee. Seisin de tali. Stat. Qual &c. For parcel.
• * 2.64

  Release.
• * 2.65

  Forfeiture for term of years.
• * 2.66

  Process.
• * 2.67

  Imprison∣ment.
• * 2.68

  Disclaimer.
• * 2.69

  Att. by de∣dimus po∣testatem.
• * 2.70

  Default.
• * 2.71

  Nonsuit.
• * 2.72

  Summons.
• * 2.73

  Default.
• * 2.74

  Distress.
• * 2.75

  Essoin.
• * 2.76

  Atturn∣ment gene∣rall.
• * 2.77

  Atturn∣ment speci∣all.
• * 2.78

  Barre.
• * 2.79

  Gift in Frank-marriage.
• * 2.80

  Attornment for part & plea to the rest.
• * 2.81

  Judge∣ment.
• * 2.82

  Atturnment entred.
• * 2.83

  Divers Tenants.
• * 2.84

  Default.
• * 2.85

  Atturney,
• * 2.86

  Disclaimer
• * 2.87

  The Writ.
• * 2.88

  Vpon a grannt for life:
• * 2.89

  Tenant in taile.
• * 2.90

  Cognisor never seised
• * 2.91

  To a parti∣cular Te∣nant.
• * 2.92

  Joynt Tenant.
• * 2.93

  Terre Te∣nant.
• * 2.94

  A recluse.
• * 2.95

  Mute. Deaf.
• * 2.96

  Madness. T. by curte∣sie. Late Feoff∣ment.
• * 2.97

  Quantity.
• * 2.98

  County.
• * 2.99

  Nonsuit.
• * 2.100

  Time.
• * 2.101

  Atturney.
• * 2.102

  Non tenure
• * 2.103

  Former grant.
• * 2.104

  Disclaime.
• * 2.105

  Process af∣ter Judg∣ment.
• * 2.106

  Atturn∣ment with an excep∣tion.
• * 2.107

  Feme Co∣vert.
• * 2.108

  Acquitaile
• * 2.109

  Seisin.
• * 2.110

  A Manor.
• * 2.111

  Fine. Imprison∣ment.
• * 2.112

  Essoine.
• * 2.113

  Ingressing.
• * 2.114

  Fine in tail of the re∣version of the Rent.
• * 2.115

  Rem. to the heirs of his body.
• * 2.116

  Rem. to the right heirs.
• * 2.117

  Tables.
• * 2.118

  〈◊〉〈◊〉.
• * 2.119

  Adjourn∣ment.
• * 2.120

  Sundaies.
• * 2.121

  Sessions.
• * 2.122

  Assizes.
• * 2.123

  Proclama∣tion.
• * 2.124

  Cognisee dead.
• * 2.125

  The Inroll∣ment Office
• * 2.126

  Exemplifi∣cation.
• * 2.127

  Punishment
• * 2.128

  A venire fac. in a Scire fac. on a Fine upon issue joyned, whether the parties were sei∣sed at the time of the fine levyed. Granted and recor∣ded.
• * 2.129

  Fine of rent.
• * 2.130

  Habere facias sei∣sinam upon a recovery in a Scire sac. out of a fine by confession.
• * 2.131

  Habere fa∣as seisinam upon a re∣covery by the defend. in a Scire fac. out of a Fine.
• * 2.132

  Habere facias seisi∣nam upon a recovery by the de∣fendant in a Scire fac. out of a fine.
• * 2.133

  Granted and recor∣ded.
• * 2.134

  Habere fa∣cias seisi∣nam upon a recovery by verdict in a Scire fa∣cias out of a Fine.
• * 2.135

  Nisi prius
• * 2.136

  A Scire facias out of a fine for the heirs in taile. Attorney in Fine.
• * 2.137

  Render to the hus∣band and wife, and to the heirs of the has∣••and of the body of the wife begotten, rendring rent and forreign service.
• * 2.138

  Remainder in tail.
• * 2.139

  A Scire fa. for the Heir of him in re∣mainder.
• * 2.140

  Render for life with revertur to him in tail, & remain∣der over in tail.
• * 2.141

  Scire faci∣as against severall tenants. Return of sc. fecit.
• * 2.142

  Cozenage alleged.
• * 2.143

  A bar that the parties to the Fine had nothing in the land at the time of the fine, but I. whose estate the tenant hath.
• * 2.144

  ☞
• * 2.145

  Issue that I•• was sei∣sed at the time of the Fine levy∣ed.
• * 2.146

  Scire fac. super Ayd.
• * 2.147

  Scire Fa∣cias for the Heir of him in remain∣der against the terre tenant.
• * 2.148

  Severall Scire fac. into several Counties upon one Fine. A Scire facias for him in the remain∣der.
• * 2.149

  Render to the hus∣band and wife, and to the heirs of the body of the hus∣band.
• * 2.150

  Remainder in tail.
• * 2.151

  Remainder to the right Heirs.
• * 2.152

  Cozenage.
• * 2.153

  Scire fac. for the heir of him in remainder.
• * 2.154

  Confession of the fine.
• * 2.155

  ☞
• * 2.156

  Judgment to have execution.
• * 2.157

  Scire Fac. teturned.
• * 2.158

  Cozenage alleged.
• * 2.159

  Bar: that another was Heir whose estate he hath.
• * 2.160

  Cozenage maintai∣ned.
• * 2.161

  Venue.
• * 2.162

  Bar that the de∣mandant was born out of the espousall.
• * 2.163

  Born before marriage.
• * 2.164

  Triall.
• * 2.165

  Return of the Scire facias.
• * 2.166

  I. to whom the plain∣tiff maketh himself Heir, was seised, whose estate the tenant hath.
• * 2.167

  Habere fa∣cias seisi∣nam sur recovery upon de∣fault in a Scire fac.
• * 2.168

  Recite of •• Feme Co∣vert upon her bus∣bands de∣fault.
• * 2.169

  Surplusage
• * 2.170

  Vpon the note.
• * 2.171

  A fine be∣fore memo∣ry. Of Land in in lieu of the servi∣ces.
• * 2.172

  Coment Cozen and Heir.
• * 2.173

  How Co∣zen and Heir.
• * 2.174

  Bastarday.
• * 2.175

  Vpon estate executed.
• * 2.176

  Ayd.
• * 2.177

  Death shewed.
• * 2.178

  Severall estates.
• * 2.179

  Default.
• * 2.180

  Reversion.
• * 2.181

  Seigniory.
• * 2.182

  Of things out of the Writ.
• * 2.183

  Execution by entry of him in re∣mainder.
• * 2.184

  Of a rever∣sion.
• * 2.185

  Non tenure generall or special. Nihil re∣turned.
• * 2.186

  Half blood.
• * 2.187

  Feoffment.
• * 2.188

  Privies.
• * 2.189

  Tenant in remainder, or reversi∣on upon an estate for years, or at will.
• * 2.190

  Infants.
• * 2.191

  Non sanae memoriae.
• * 2.192

  Coverture.
• * 2.193

  Imprison∣ment.
• * 2.194

  Out of England.
• * 2.195

  Corporati∣ons.
• * 2.196

  Corporati∣ons.
• * 2.197

  Dower.
• * 2.198

  Iter sig∣nifies a journey, or voyage, &c.
• * 2.199

  Atturney in the fine.
• * 2.200

  Render intail.
• * 2.201

  Forrain service.
• * 2.202

  Remainder in tail.
• * 2.203

  Reverter.
• * 2.204

  Error hy the Heir upon a fine.
• * 2.205

  Release by Jointenant.
• * 2.206

  Villenage.
• * 2.207

  Non tenure:
• * 2.208

  County.
• * 2.209

  Tenant in Common.
• * 2.210

  Inter alia per no∣men.
• * 2.211

  A fine of the rever∣sion.
• * 2.212

  Tail.
• * 2.213

  A Count upon a deed with warranty.
• * 2.214

  Inter alia per nomen.
• * 2.215

  Confessi∣on.
• * 2.216

  Judge∣ment.
• * 2.217

  York ss.
• * 2.218

  York ss.
• * 2.219

  York. ss.
• * 2.220

  Derb. ss.
• * 2.221

  Derb. ss.
• * 2.222

  Essex ss.
• * 2.223

  The Writ.
• * 2.224

  Return thereof.
• * 2.225

  The de∣mandant.
• * 2.226

  The Count.
• * 2.227

  The defen∣dant.
• * 2.228

  The de∣mandant.
• * 2.229

  The de∣fence.
• * 2.230

  Issue to be tryed by the grand Assize.
• * 2.231

  Imprlance.
• * 2.232

  Default & Judge∣ment.
• * 2.233

  The Doctor which took the affida∣vit for the value.
• * 2.234

  Summo∣ners. The She∣riffs name.
• * 2.235

  Pledges.
• * 2.236

  The pro∣thonatorie in whose office it is entred. Summoners The She∣riff. The war∣rant of Atturney.
• * 2.237

  York ss.
• * 2.238

  Voucher.
• * 2.239

  The de∣mandant against the first Vou∣chee. The Count.
• * 2.240

  Vouch ou∣ster le de∣fence.
• * 2.241

  Deman∣dant a∣gainst a Vouchee.
• * 2.242

  The Count
• * 2.243

  The De∣fence. Hath not disseised.
• * 2.244

  Default, Judge∣ment.
• * 2.245

  Recovery in value.
• * 2.246

  Mercy.
• * 2.247

  dd' vers. te••••.
• * 2.248

  Nott. ss.
• * 2.249

  The Count.
• * 2.250

  Defence for the lands.
• * 2.251

  Demandant against the Vouchee.
• * 2.252

  Count.
• * 2.253

  Defence by the Vou∣chee.
• * 2.254

  The Re∣voucher.
• * 2.255

  Demand a∣gainst the 2 Vouchee.
• * 2.256

  The Count against the 2 Vouchee.
• * 2.257

  Defence by the 2 Vou∣chees. Non dissei∣sivit.
• * 2.258

  Imparlance
• * 2.259

  The de∣fault.
• * 2.260

  Judgement thereupon.
• * 2.261

  Recovery in value.
• * 2.262

  Mercy.
• * 2.263

  Salop ss.
• * 2.264

  Salop ss.
• * 2.265

  Nott. ss.
• * 2.266

  Not. ss.