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* 1.1VVHen a Fine is to be knowledged it is meet that before the parties come be∣fore the Judges or Commissioners, the titling of the writ of Covenant and Concord be fair written, according to the parties minds, and duly examined and also signed or subscribed by all the Cognisors.
* 1.2It is also requisite that either of the Cogni∣sors be known to the Justices or Commissi∣oners
that must take the Cognisance thereof, or that some other credible person, known to him which taketh the Cognisance, who know∣eth the party, be present, and do sufficiently enform the Judge; that they be the self-same parties, against whom the writ is brought, for some will covenously, knowledge Fines in the names of others that be owners of the Land, 34. H. 6. Fol. 19.
* 1.3And if a feme Covert be Cognisor, she must be perswaded, to yield her consent, and be ful∣ly agreed with, before she be examined, for in all cases where a Feme Covert is to depart with any thing by fine, she must be examined by the Justices or Commiss. that take this Cognisance, and confess that she doth make Cognisance freely, and not through fear or compulsion of any, before the Cognisance will be accepted. But where she is to take benefit by a Fine, she shall never be examined, 42 Ed. 3. 7. 3 H. 6. 42. 46. E. 3. 15 8 H. 6. 2. 4 Ed. 3. 62. Statut. de finibus. 18 Ed. 2.
* 1.4Also the yearly value of Lands should bee set down under the Concord, and some honest person which knoweth the Land, brought thi∣ther to make oath for the value thereof, for * 1.5 without such oath or composition the Fine cannot passe.
* 1.6And composition with the Commissioners will not readily be made without oath, or some late Fine, License, or other matter of Record, to inform the Commissioners, of the value thereof, which being done, the writ of Cove∣nant is again there to be entred, (and the fine thereof if it be finable) must there be paid to
the Receiver, and the writ must be signed by the said Commissioners, and that done the said writ must be sealed and returned with the Concord, and Dedimus Potestatem, if the Cognisance was taken by Dedimus Potestatem, & then the said writings must be taken out & sign∣ed by the Custos brevium, and thence they must be carried to the Clerk of the Prot. Silver, who must take a note thereof, for the entry of the P. Silver, and sign the same again, and then must they be delivered to the Chyrogra∣pher of fines, to be ingrossed and proclaimed. The examples wherof appear in their apt pla∣ces.
Tbe titling of the note.
Knowledge of the Cog∣nizes.
Examina∣tions of Wives.
Value.
Oath.
Compositi∣on.