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.

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. * 1.1 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 * 1.2 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. * 1.3

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. * 1.4 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.

Notes

• * 1.1

  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.
• * 1.2

  Fine of rent.
• * 1.3

  Habere facias sei∣sinam upon a recovery in a Scire sac. out of a fine by confession.
• * 1.4

  Habere fa∣as seisinam upon a re∣covery by the defend. in a Scire fac. out of a Fine.