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TO know what time persons that have cause toenter, or claim, may enter, or clai master a
Fine levyed, many things are to be weighed: for some persons have more time and some less, for the discussing of which question, we must not only consider the quality of the persons that should claim or enter, but also the quality of their rights and estates: And the persons be ei∣ther such as are void of impediments, or such as have impediments; and the same be either par∣ties, or privies to the Fine, or estrangers to the same. And again they have either present right, or future right, such have the same, either wholly after the fine, or partly before, & parr∣ly after: and some of them have but one title, and some divers; and others have no right to the Tenements comprised in the fine, but to some things therein, or issuing out of the same.
Parties to Fines, void of impediments at the time of the levying of the same, and their Heirs, are thereby barred presently, and have no time at all to avoid the same, by entry, or claim, 1 R. 3. ca. 7. 4 H. 7. ca. 24. whether they be persons having naturall capacities, or ci∣vill.
If they be such civill bodies, or corporations, as have in themselves absolute estate and autho∣rity of their possessions, so as they may maintain a Writ of right thereof, as Maior and Cominal∣ty, Dean and Chapter, Colledges, societies cor∣porate, and such like, and their successors, and barred by fines presently, Plo. 338. a T. 20. Eliz.
But Deans, Bishops, Priors, Abbots, Masters of Hospitals, Parsons, Vicars, Prebendaries, Chauntry Priests, and such like, which may not
have a Writ of right, but either a Juris utrum. Fitz. Nat. fol. 48. 1. or sine assensu Capituli fit. Nat. fo. 118. 1 are not barred by such fines if the patron and ordinary joyn not with them. Plo. 538. a. 20 Eliz. 375. b. 11. Eliz.