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.

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Title
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.
Publication
London, :: Printed by F.L. for Tho. Firby, and are to be sold at his shop, near Grays-Inn Gate,
1656.
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Subject terms
Lawyers -- Great Britain -- Handbooks, manuals, etc. -- Early works to 1800.
Forms (Law) -- England -- Early works to 1800.
Link to this Item
http://name.umdl.umich.edu/A78161.0001.001
Cite this Item
"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." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A78161.0001.001. University of Michigan Library Digital Collections. Accessed June 16, 2024.

Pages

Page [unnumbered]

THE TABLE.

THe Definition of a Fine. pag. 1.
Who may be Cognisors in Fines, and who not. 7.
What persons may be Cognisees in fines. 9.
Of what things fines may be levied, and what not. 10.
By what names things may pass in fines. 12.
The order & form of placing things in fines. 14.
The place wherein the Lands lie. 16.
Of the forms of Concords. 17.
Observations at the knowledge of fines, & how to acknowledge a fine before the Lord chief Justice. 18
The charge of the said fine. 21.
Observations at the knowledge of a fine, by a special Dedmus Potestatem. 22
The charges thereof. 25.
How to acknowledge, &c. by Ded. Potest. 25.

Page [unnumbered]

Charges of a fine knowledged by Ded. Potestat, before a Judge, and exemplified. 26.
The charges thereof. 27.
How to acknowledge a fine at the bar in Court. 28.
The charges thereof. 29.
A Writ of Coenant of Common. 23
Of Land, and Sheep walk. ibid.
Of wood and foldage. ibid.
Of wood. 33.
Of a Parsonage impropriate, and of the moyety of Tithes. ibid.
Of a Mannor, of rent, and of free folding for sheep. ibid.
Of a writ of Covenant of 3 parts of 4 Messuages, 4 Cottages, &c. 34.
A writ of Covenant of Tithes. ibid.
A writ of Covenant of the Scite of a Monaste∣ry. ibid.
A writ of Covenant of divers things. 35.
A wrir of Covenant of Dismes and Tithes. 36.
A Release by fine by one, to two. 37.
A fine sur cognisance de droit by the Husband and Wife to two. ibid.
A fine by Baron and Feme, and another. 38.
A fine of a parcel in reversion by a coparcener. 39
A fine by an Earl, Husband and Wife, to an Archbishop and another. 40.

Page [unnumbered]

A Concord from two to two, with special war∣ranty. 41.
A fine upon a recognisance of right, as that which he hath of his right, with release and warranty by Husband & Wife to a third per∣son; with a general warranty. 42.
A Concord of many things together, sur cogni∣sance de droit come ceo, &c. 43
A fine of a rent. 47.
A fine of part of a rent by Husband & Wife. 48.
A Praecipe, with an exception, and saving some parcels. ibid.
A Concord, with a render for life to the Hus∣band and Wife, being the Conusors of parcel of Mannors and Lands contained in the writ of Covenant, the remainder to the first & se∣cond begotten sons of the Cognisors in tail, and to the heirs males, & for default, &c. then to the Cognisors in general tail, & for default, &c. then to the right heirs of the Cognisors for ever; with render and grant of 10 Messua∣ges, &c. residue of the same Mannor, &c. to the said Cognisors. 49
A fine of homage, rent, and services. 51.
A fine of a Mannor, and Knights Fees, and ser∣vices, by the Husband and Wife & others. 52.
An old fine in Frank almoigne, before Justices in Eyre, in Anno 55. H. 3. 53

Page [unnumbered]

A Concord of Lands in the County Palatine of Lancaster. 54
A Lease for reserving a Rent. 55.
A Lease for years, rendring rent. 55.
A Lease for years by fine, by one & his wife. 57.
A Lease by Tenant for life for 21 years, if shee lives so long. 58.
A Lease to the wife for 21 years, to commence after her Husbands decease, reserving a rent, the Cognisees grant back the same reversion and rent. 60.
A fine of a remainder for years. 62.
A Lease in Reversion, paying rent. 63.
A Lease to divers for 90 years, for their lives, with rent and herriots reserved, &c. 64.
A Lease reserving a rent of 20l. with a Nomine poene, and a distress. 66.
A fine upon Grant and render to one for term of life, without impeachment of wast, & for 16 years after her death, then the one moyety to one in fee, & the other to another. 68
A render for life, the reversion to one, and his heirs males, the remainder to another, and his heirs. 69.
A Lease for life, the remainder for life to the wife in the name of her Joynture, with the remain∣der in tail. bid.
A fine where the Husband buyeth lands, and

Page [unnumbered]

granteth them again to the Cognisors for his Wifes life. 70
A Concord of divers Tenements, Rent of a Rectory, and Advowson, &c. 71
A fine of the fourth part of two Messuages, the one by a Coparcener of his part, &c. to two strangers, 72
A fine of Lands, part in possession, and part in reversion of a third part, for term of the life of the Tenant in Dower, and for term of the life of another Tenant for term of life. 74
A Grant and Render of a reversion of a moyety. 76
A Render to the Cognisor for one week, after to a stranger for life, and to his Wife for life, if she keep her unmarried, the rever∣sion to another stranger, and his heirs of his body, upon M. his Wife begotten, the remain∣der to another and his heirs. 78
A Fine of two Reversions. 79
A Grant to the Cognisee, and his Wife, and the heirs of their two bodies, with Warranty. 80
A Grant, with a Render back again for life, with Remainders in tail, dividing the Lands. 91
A Fine to entail Lands to the heirs of one de∣ceased. 92

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A Grant by a Duke and his wife, as in the right of his wife, to the Cognisee for life of the Tenant for life, with Warranty, a Ren∣der to the Cognisor for the Wives life, to convey her Title to her Husband. 93
A Concord of a moyety of divers things in Pos∣session, and a Reversion in Fee. 94
A Grant of Lands by Fine, to two, who render to the Cognisor in tail, and for default of such issue to R. T. in general tail, the re∣mainder to another and his heirs for ever. 97
A Grant of Lands in tail, to be holden of the Grant or in soccage. 98
A Grant of Lands in tail to be holden of the Grantor by suit of Court, 6 s. rent. 99
〈◊〉〈◊〉 ••••ne of Knights Service; Castle-Gard, and Murage upon a Writ of Customes and Servi∣ces. 100
A fine of a Mannor in possession, and other lands in Reversion. 101
A fine of Lands, part in possession, and part in reversion, with a Render again to the Cog∣nisors and their heirs. 102
A fine of the reversion of a Rent. 104
Another of the same. 105
A fine of Rent Service. 106
A fine where the Husband and the Wife sell the

Page [unnumbered]

Wives Joynture or Dower absolurely to him in the reversion. 107
Tenant for term of life maketh a Lease, reser∣ving a Rent during her life. 108
A fine of a Reversion. 109
A fine in Fee farm of a Rent granted out of a Mannor only. 110
A fine of several Rents granted out of a Man∣nor. 111
A fine of a Rent, with a Nomine poene for non∣payment, &c. 112
A fine in Fee farm, yeelding a Rent, with a Di∣stresse 114
A fine in Fee farm, rendring a Rent, sute of Court and Herriot after decease, recease, and alienation. 115
A fine in Fee farm, rendring a Rent, with a Nomine poene for default of payment. 117
A fine by the Husband and the Wife to the Hus∣band and Wife, with a Render. 118
A Writ of Covenant that was for the King, for the Tirh Corn of a Parish, and the manner of the endorsement thereof; used by his Attur∣ney general. 120
A fine, with Warranty against all men. 121
A fine by the Husband and Wife, and the Cog∣nisee by the same fine granteth and rendreth back again the premises to the said Conusors,

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& to the heirs of the Husband one of the said Conusors for ever. 122
A fine of one Messuage, &c. and the same Co∣nusors for them and the heirs of Io. Do. war∣rant 2 parts of the premises, in 3 parts divi∣ded to the Conusee, and his heirs, against all men for ever. 123
A fine with Warranty against all men; and the Cognisees by the same fine, render parcel of the Premises for one month, with divers li∣mitations, &c. 124
A fine of, &c. and the Cognisees do grant and render all Mines of Coles, in a Close, parcel of the premises &c. 128
A fine of the third part of one Messuage, &c. with a general Warranty, And the Cogni∣sees do Grant and Render the same to one of the Cognisors for years in reversion, &c. 129
A fine with a Grant of a yearly rent. 132
A fine of a Messuage, &c. Rent, Parsonage, the Advowson of a Viccaradge, with Warranty, &c. 134
A fine with two several Warranties. 135
A fine of a Mannor &c. with general Warranty. 136
A Fine within the County of Chester, &c. 137
A fine knowledged before the Justices of Che∣ster. 140

Page [unnumbered]

A fine by an Earl and his Wife. 141
A fine by the Husband and Wife, and a third person, &c. 142
A fine by two to one, with general Warranty. 145
A fine by the Husband and Wife, and divers o∣thers, &c. 145
A fine of four Messuages, &c. with Warranty. 146
A fine by two Husbands and their Wives. 147
A fine by the Husband and his Wife, to a Man and his Wife. 148
A fine by an Earl and his Wife of a Rent, &c. 149
A fine by the Husband and Wife for term of years. 150
A fine by the Husband & Wife with Warranty, in consideration the Cognisee granteth a Rent, &c, 152
A fine of the third part of a tent, with a general Warranty. 154
A fine of the third part of 34 acres of Meadow, by these words, viz. concesserunt, & reddide∣runt. &c. 155
A fine by one to the Queens Atturney, &c. 155
A fine by a Widdow to the President and Schollars of a Colledge, &c. 157

Page [unnumbered]

A fine by two, and the VVife of one of them, &c. 158
A fine with general VVarranty. 159
A fine of a reversion. 160
A fine by Husband and VVife to one, with a general VVarranty. 161
Of the Order of taking the knowledge of a fine, by Dedimu: potestatem, and the certifying thereof 162
A fine of one Messuage of a Remainder. 163
A fine by Husband and VVife of two Messuages &c. with general VVarranty. 164
A fine knowledged before the Justices of the Common pleas at Westminster, with gene∣ral VVarranty 165
A fine with VVarranty against the Conusor and his heirs. 166
A fine as it is ingrossed of Record. 167
Of the nine Proclamations. 168
A fine with general VVarranty for years, ren∣dring a red Rose, &c. 168
A fine for lies, and aftr, in Fee. 170
A fine of a Rent issuing out, &c. with general VVarranty. 171
A fine with general VVarranty of an annuity, with Nomine poee. 172
A fine in tail general to hold by the 40th. part. of a Knights ee, and by rent, with general

Page [unnumbered]

VVarranty. 174
A fine with VVarranty during life. 175
A fine for life, and after in fee. 176
Of the taking of the knowledge of a Fine. 177
A fine with divers remainders. 178
Of Adjuncts of Concords. 180
A Licence to alien in Mortmain. 183
Quod permittat finem levari. 184
The Writ of quod damnum 185
Of a pardon for alienation. 186
Of the Dedimus potestatem to take the cogni∣sance of a fine. 189, 190
The Dedimus Potestatom thereof. 191.
The Precipe and Concord. 193.
A Dedimus Potestatem upon a writ of Customes, and services. 195.
Of the Kings Silver. 196.
Of observation at the knowledge of fines. 197.
How and when Cognisances of Fines may be certified, and what may hinder the ame. 199
Of the Inrolment of Writs of Covenant Dd. Potest, and knowledges thereupon called the foot of the fine. 202
Of the note of the fine. 203
Quid juris clamat. 204
VVhat persons may obtain atturnment by Quid Juris clamat, and what nor. 205
VVhat persons be compellable to arturn by

Page [unnumbered]

Quid juris clamat, and what not. 206
What places will barr the Plaint. of Atturn∣ment. 210

A Table to the latter Part.
VVHat processe lye in a Quid juris clamat, 1.
The writ of summons in Quid juris clamat. 3.
The Distress in Quid juris clamat. 4.
Tenant may atturn for parcel, &c. 12.
Atturney in Quid juris clamat. 13.
The return thereof. 14.
A Distrngas ad atturnandum. 17.
Of the ingrossing of Fines. 24.
Of the Tabling of fines ingrossed. 25.
How many Proclamations are to be made upon fines, and when. 26
Of the Proclamations of fines at the Assizes and General Sessions, and how they must be cer∣tified. 27.
Of the Inrollment of all the parts of fines at the ingrossing thereof, and Proclamations passed. 28.
Of the Exemplification of the parts of fines in∣rolled.

Page [unnumbered]

30.
Of one inrolled according to the Statute 23 El: c. 3. ibid.
How fines Executory be executed. 36
Execution of fines by writ. 37.
Of execution of fines by Scire facias. 41
A Scire facias upon a fine. 46.
A Mittimus of the transcript of a fine, and a Sci∣re facias thereupon. 51.
A fine levied to one by a Guardian. 55.
Cozenage alleadged in the Scire facias. 62.
A writ to the Bishop to certifie Bastardy. 69.
Certain causes of the nature and form of a Scire facias upon a fine. 74.
What Fines with Proclamations bar not the is∣sue in tail. 78.
What time after a fine levyed and Proclamati∣on made, any man hath to enter or claim by action, or otherwise, who are thereby barred forthwith, and who not. 79.
How privies in bloud are bound in fines. 81.
Of Estrangers, having present right, and no im∣pediment. 82.
Of Estrangers that have present right, and im∣pediment. 83.
Of Estrangers having divers defects. 87.
Of Estrangers without impediments, having fu∣ture right for cause precedent. ibid.

Page [unnumbered]

Of Estrangers with impediments, having future right. 89.
Of Estrangers having no right for any cause be∣fore the fine. 91.
Of Estrangers having divers future rights by di∣vers titles. 92.
Estrangers to fines, having neither present, nor future right to the Tenements in the fine, at the levying thereof, but only unto rents, Common, &c. issuing out of the same. 94.
Pleas to avoid fines. 95.
Of a writ of Error. 97.
A writ of Error directed to the chief Justice. 98.
Another to the Custos brevium. 99.
Another unto the Chirographer. ibid.
For what Errors, Fines, and Proclamations, be not reversable. 100.
Of Error in the Proclamation of a Fine. 101.
Of a Certiorari. ibid.
A Certiorari of the transcript of the foot of a fine. 102.
Otherwise of the tenor of the note of a fine. 103.
Otherwise before Justices now of the Bench, ib.
A Mittimus of the transcript of a fine out of the Chancery into the Common place. ibid.
A Mittimus. 106.
A Mittimus for the foot of a fine. ibid.

Page [unnumbered]

Whether any but he which reserverh a fine, may reap benefit thereby. 107.
Warrantia Chartae. 108.
The writ of Warr. Chart. ibid.
Count by Baron and Feme upon a Fine, with warranty. 110.
Of Recoveries for Assurances, &c. 124
Of what things writs of entry may be brought, and by what means. 128.
Of what things a writ of entry lyeth not. 129.
A Certiorari to the Executors of the Justice be∣fore whom the warrants were acknowledged. 131.
The return of the same. 132
A Recovery with single Voucher. 133.
A Recovery with double Voucher. ib.
A Recovery with treble Voucher. 134.
A Recovery of an Advowson in the County Palatine of Lancaster. 135.
All the parts of a Recovery in a writ of Right, De precipe in Capite, Exemplified. 136.
The warrant of Attorney thereof. 138.
A remission to the Court in a writ of right. 139.
The Exemplification of a Recovery inrolled. ib.
A Pardon of alienation upon Lands by a writ of entry recovered. 142.
A Common Recovery by divers before the Ju∣stices of Chester, and Judges of the same

Page [unnumbered]

County of a Mannor, &c. 161.
The like Common Recovery in the said County of Chester, to the next before, and of the same Mannor and lands. 164.
Charges of a Recovery with 2 Vouchers in per∣son at barr. 167.
Charges of a recovery by summons upon a war∣rant of atturney. 168.

FINIS.
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