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.

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.

* 1.1But 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.

* 1.2But 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.

* 1.3And 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.

Notes

• * 1.1

  Atturn∣ment speci∣all.
• * 1.2

  Barre.
• * 1.3

  Gift in Frank-marriage.