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.

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

* 1.1ANd 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.

* 1.2In 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.

* 1.3If 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.

* 1.4If 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.

* 1.5The 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.

* 1.6In 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:

Notes

• * 1.1

  Judge∣ment.
• * 1.2

  Atturnment entred.
• * 1.3

  Divers Tenants.
• * 1.4

  Default.
• * 1.5

  Atturney,
• * 1.6

  Disclaimer