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.

The Writ of Warra. Chartae.

THe Protector, &c. That justly, &c. he war∣rant to D. one Messuage with the appurte∣nances in R. which he holdeth, and of him claymeth to hold, and whereof he hath his

Charter as he saith. And if, &c. or thus. The Manor of N. with the appurtenances, and the advowson of the same Town which he hol∣deth, &c. usque ihi, whereof he hath his Char∣ter, or the Charter of R. Father, or Mother, or other ancestor of the aforesaid H. whose Heir he is, as he saith. And unless, &c.

Of him, that or the same A. warrant to the aforesaid D. the Manors of N. and R. and the hundreds of F. and G. with the appurtenances, and the advowson of the Church of N. and ther∣fore we command you, &c.

But if a man infeoffe another with warran∣ty by deed, and the Feoffee infeoffe another, and take estate from him in Fee, the first war∣ranty is determined, because he is now in, of a new estate, Fitz. Nat. fo. 135. a.

So if A. disseise B. and enfeoffe C. with war∣ranty, who infeoffeth D. with warranty, upon whom an estranger entreth, in whose possession B. the disseisor releaseth his right, now all for∣mer warranties are extinct. And albeit D. is impleaded, yet shall he not have warrantia Chartae, because he is in of another estate by wrong, Fitz. Nat. 135. g. 11 H. 6. 41. 22 H. 6. 22.

* 1.1If there be three joynt tenants, and the one release to the rest, they may deraign the former warranty by vowcher, or warrantia Charitae, for they be in a 3. part by the release, 40 E. 3. 41.

* 1.2Warrantia Chartae lyeth against a villain, 48 E. 3. 17.

The Writ of Warrantia Chartae, must be sued hanging the principall Plea, and before Judge∣ment: as of Assise, or Entry in the nature of assise, 48 E. 3. 2••. Registr. orig. fo. 158. a. for then if

the warranter do die, yet the Writ shall not abate, but his Heir shall be resummoned, to an∣swer upon the same, yet may a warrantia Char∣tae be sued before he be impleaded, quia timet implacitari, and the plaintiff shall recover in va∣lue pro loco & tempore, of such Lands as the de∣fendant had at the purchasing of the Writ, Fitz. Na. f. 134. E. 12 H. 4. 12. 21 H. 6. 41. 22 H. 6. 22. 24 E 3. 35. But he must not have execution, but if afterwards he be put out by Judgement, he shal have his warranty upon his first recove∣ry, 21 H. 6. 41. 21 H. 6. 22. 12 H. 4. 12.

* 1.3In warrantia Charitae, it is a good Plea for the defendant, that hanging the Plea, the deman∣dant in the principall Plea hath entred upon the plaintiff, being then tenant of the Land, or that the plaintiff in this action, had nothing in the Land the day of the first Writ purchased, nor at any time after, 21 H. 6. 49. 3 E. 3. 4. 5 E. 3. 5.

* 1.4Warr. Chartae may be brought in any County, if the deed bear not date in a place certain, 31 E. 3.

* 1.5Tenants in Common may joyn in Warrantia Chartae, 28 E. 3. 90.

Notes

• * 1.1

  Release by Jointenant.
• * 1.2

  Villenage.
• * 1.3

  Non tenure:
• * 1.4

  County.
• * 1.5

  Tenant in Common.