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.

WHAT PROCESSE Lie in a Quid Juris clamat.

* 1.1THe Process in a quid juris clamat, is Summons and distress infinite, Nat. * 1.2 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.

* 1.3But 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, * 1.4 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.

* 1.5By default of appearance, distring. ad attur∣nandum shall be awarded, 2 E. 3. 9.

* 1.6Non-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.

Notes

• * 1.1

  Process.
• * 1.2

  Imprison∣ment.
• * 1.3

  Disclaimer.
• * 1.4

  Att. by de∣dimus po∣testatem.
• * 1.5

  Default.
• * 1.6

  Nonsuit.