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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.
Heretofore 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.
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.
But 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.
But 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.
And 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.
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.
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.
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.
Atturn∣ment gene∣rall.
Atturn∣ment speci∣all.
Barre.
Gift in Frank-marriage.