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THe Soveraign Lord the King, hath sent to his Justices this his close Writ in these words, Edward, &c. (reciting all the Writ) the Tenour of the aforesaid Fine, whereof in the Writ aforesaid, mention is made (or thus.) The Transcript of the aforesaid Fine, whereof in the Writ aforesaid mention is made, followeth in these words. This is the finall Concord, &c. (reciting all, &c.) And now to wit, (tali die)
in that same Term, came here in Court, A. on * 1.1 the behalf of the aforesaid T. and saith, that the aforesaid R. is dead, and likewise that the afore∣said W. died without Heir-Male of his body be∣gotten, and that I. into one Messuage, &c. with the appurtenances, which are parcell of the Ma∣nor afore••aid, is now entred, and holdeth it against the form of the Fine aforesaid. And prayeth a Writ, to the Sheriff of S. to be dire∣cted to forewarn the aforesaid I. to be here, to shew, if he hath any thing, &c. wherefore the same Messuages, &c. with the appurtenances, which the said T. claimeth in form aforesaid, after the death of the aforesaid W. to the afore∣said T. being Cozen, and Heir of the aforesaid R. ought not to remain, according to the form of the Fine aforesaid, for as much as the afore∣said W. is dead without Heir-male of his body begotten, and it is granted to him returnable here (tale die) or thus, And by severall Writs, * 1.2 to wit, one to the Sheriff of the said County of B. another to the Sheriff of N. the third to the Sheriff of H. to be directed, to forewarn the same I. to be here, to shew, &c.
It was commanded to the Sheriff, whereas a certain Fine was levyed in the Court of the So∣veraign Lord, &c. (tali die & Anno) before, &c. Justices of him the said Soveraign Lord the King our progenitor, now of the Bench be∣tween W. and I. his wife plaintiffs, and I. E. de∣forcients of one Messuage, &c. with the appur∣tenances in L. whereof Plea of Covenant was summoned between them in the same Court, to wit, that the aforesaid W. did recognize the Tenements aforesaid, with the appurtenances,
to be the right of him the said I. as those which the same I. had by the gift of the aforesaid W. and for that recognizance, Fine, and Concord, the same I. did grant to the aforesaid W. and I. the aforesaid tenements, with the appurtenan∣ces, and those to them he did render in the * 1.3 same Court, To have and to hold to the same W. and I. and the Heirs of him the said W. of his body begotten, of the chief Lords of that Fee, by the services which unto the aforesaid tene∣ments should belong for ever, and if it happen that the same W. should die without Heir of his body begotten, then after the decease of them, the said W. and I. the aforesaid tenements, with the appurtenances, should wholly remain to I. Son of the same W. and the heirs of his body * 1.4 begotten, to hold of the chief Lords of that Fee, by the services, which unto the afores. tenements should belong for ever; And if it should happen the same I. to dye without Heir of his body be∣gotten, then after the decease of him the said I. the aforesaid tenements with the appurtenances should wholly remain to the right Heirs of him the said W. to hold of the chief Lords of that * 1.5 Fee, &c. ut supra. And now by the insinuation of T. being Cozen and Heir of the aforesaid I. Son of W. the King received that the same W. is dead, without Heir of his body begotten, and that the aforesaid I. is now dead; and that one A. into the tenements aforesaid, with the appurtenances, is now entred, and those he hol∣deth against the form of the Fine aforesaid, And for that, &c. that by honest, &c. you give the aforesaid A. to know that she should be here at this day, &c. to shew, if she hath any
thing, &c. wherefore the aforesaid tenements with the appurtenances, which she holdeth in form aforesaid, after the death of the aforesaid W. and I. his wife, to the aforesaid T. as Cozen and heir of the aforesaid I. son of W. ought not to remain according to the form of the Fine afore∣said if, &c. for as much as the aforesaid W. dyed without Heir of his body issuing, &c. And now here at this day, came as well the aforesaid T. by A. his Atturney, as the aforesaid A. by S. her Atturney, and the Sheriff returned that he had commanded I. L. Bayliff of the liberty, &c. to whom, &c. which said Sheriff thus answered, that he gave the aforesaid A. to know, to be here at this day, to shew in form aforesaid by T. and G. honest, &c. And hereupon the afore∣said, T. saith, that he is Cozen and Heir of the aforesaid I. being Son of W. to wit, Son of I. be∣ing Son of him the said I. being Son of W. and prayeth against the aforesaid A. executi∣on, &c.
* 1.6And hereupon the aforesaid W. H. saith, that the aforesaid W. Brother of G. in the Fine aforesaid, named at S. in the County of N. ta∣king one E. P. to him to wife, and the same E: taking him the said W. to her husband, they were together betrothed; and after banes be∣tween them, upon three holy dayes, being di∣stant from themselves in the Church, &c. pub∣lickly proclaimed, the spousals between them, in the face of that Church was celebrated, with∣in which spousall, the same W. and E. had issue between themselves, T. at H. in the same Coun∣ty of N. begotten and born, which said T. at T. in the County of N. in the Church of Saint A.
there took unto wife one N. and the same T. and N. after the spousall between them there celebrated, had issue between them, one H. there begotten and born, and the same H. at the said Town of N. in the same County, in the aforesaid Church, &c. took to wife one I. and the same H. and I. after the spousall between them there celebrated, had issue between them, the afore∣said W. H. begottē & born, who now prosecuteth, and so the same W. H. who now prosecuteth, saith, that he is Cozen and Heir of the aforesaid W. Brother of G: of the body of him the said W. Brother of G. begotten, (that is to say) Son of the aforesaid H. Son of the said T. Son of the same W. Brother of G. and prayeth against the aforesaid R. S. &c. execution, &c.
Scire Fa∣cias for the Heir of him in remain∣der against the terre tenant.
Severall Scire fac. into several Counties upon one Fine. A Scire facias for him in the remain∣der.
Render to the hus∣band and wife, and to the heirs of the body of the hus∣band.
Remainder in tail.
Remainder to the right Heirs.
Cozenage.