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.

Of Estrangers having divers future rights by divers Titles.

BUt if Estrangers to Fines, have severall fu∣ture rights by divers titles growing at seve∣rall times, it seemes that they shall have several five years, to make entry, or claim, commen∣cing from such time, as their severall titles first accrue unto them: As if tenant for life, the re∣mainder in Fee, make a Feoffment in Fee: And the Feoffee levy a fine with, &c. and he in the remainder suffer the first five years to pass, he is by his laches barred of his entry, for the for∣feiture growing by the alienation of his tenant, during his tenant for life, because he had pre∣sent right at the levying of the fine, to enter for the same, yet if after the tenant for life do dye, he hath other five years, to bring his For∣medon in remainder, because that is a new title or right, by which he could not have his Forme∣don during his tenant for life. And he had his election, to take advantage of the forfeiture or not, Plo. f. 573, b. Quaere, for there ••atlyn think∣eth otherwise, because his right to the Land by the forfeiture accrued to him in the life time of his tenant for life.

If I. S. be tenant pur auter vie, the remain∣der to another for life, the remainder to the same I. in Fee, and I. S. is disseised, and the dis∣seisor levyeth a Fine with Proclamation, and the five years pass, I. S. is bound for his future, and present estate for life: But if cesuy qui vie, and he in the mean remainder die, now I. S. shall have other five years to enter for his re∣mainder in Fee, for it then first remaineth unto him by the death of him in the mean remain∣der, and cesuy qui vie for cause grown wholly before the fine, that is the State so made before, which is another title, Plowden 367. h. per Welsh. and divers Justices, Plo. 367. b.

In like manner, if Land be given to I. S. for the life of A. the remainder to him for the life of B. the remainder to him for the life of C. and he is disseised, and the disseisor levyeth a fine with Proclamation, now I. S. for his present right, hath five years by the first Saving of the St. 4 H: 7. ca. 24. And five years after the death of A. by the second Saving, which is of future right, and other five years after the death of B. for his second remainder, for quan∣do duo Jura in una persona concurrunt, aequum est acsi essent in diversis, Plo. 368. a.

If any man disseise a feme sole, and after mar∣ry her, and have issue by her, and the Baron is disseised before marriage, or after, and a fine with Proclamation levyed, first the Baron, and after the feme die within five years, the issue be∣ing of full age, the five years past, he is thereby bound as Heir to his Father, but hath other five years after the death of his Mother, to enter, for albeit it, is but one self same Land, yet the Heir

hath severall rights thereunto growing at seve∣rall times, the one as Heir to his Father, the o∣ther as Heir to his Mother, in regard whereof he hath severall times, Plow. 367. b.

So if the husband maketh a Feoffment of his wives Lands, upon condition, which is broken, he levyeth a fine which, &c. the husband hath issue by his wife and dieth, the first five years pass, and then the wife dieh, the Heir is barred of his entry, for the condition as Heir to his Fa∣ther, but shall have five years after the death of his Father, to claim, &c. because it is a title dif∣fering from that which did descend from his Father, accruing to him first by the death of his Mother, Plow. 167. a.